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+*** START OF THE PROJECT GUTENBERG EBOOK 10733 ***
+
+AMERICAN EDUCATIONAL SERIES
+
+STUDIES IN CIVICS
+
+BY JAMES T. McCLEARY, M.C.
+
+LATE TEACHER OF CIVICS AND HISTORY IN THE STATE NORMAL SCHOOL
+MANKATO, MINNESOTA
+LIFE MEMBER MINNESOTA HISTORICAL SOCIETY
+
+REVISED TO 1897
+
+
+
+
+
+
+[Illustration: (House of Representatives) UNITED STATES CAPITOL (Senate.)]
+
+
+
+TO THE MEMBERS OF MY CLASSES IN CIVICS, WHOSE QUESTIONS HAVE AIDED ME IN
+DETERMINING WHAT SUBJECTS TO TREAT, AND WHOSE EARNESTNESS AND INTELLIGENCE
+HAVE MADE IT A PLEASURE TO BE THEIR TEACHER, THIS BOOK IS AFFECTIONATELY
+INSCRIBED.
+
+
+
+
+PREFACE.
+
+
+The thought constantly in mind in the preparation of this book has been to
+furnish useful material in usable form.
+
+Attention is invited to the scope of the work. The Constitution of the
+United States, not a mere abstract of it but a careful study of the text,
+is properly given much space but is not allowed a monopoly of it. Each of
+our governmental institutions deserves and receives a share of
+consideration. The order of presentation--beginning with the town, where
+the student can observe the operations of government, and proceeding
+gradually to the consideration of government in general--is based upon
+conclusions reached during eighteen years of experience in teaching this
+subject.
+
+Matter to be used chiefly for reference is placed in the appendix.
+Attention is asked to the amount of information which, by means of
+tabulations and other modes of condensation, is therein contained.
+Documents easily obtainable, such as the Declaration of Independence, are
+omitted to make room for typical and other interesting documents not
+usually accessible.
+
+Is this book intended to be an office-holders' manual? No; but it _is_
+intended to help students to get an insight into the way in which public
+business is carried on.
+
+Is it designed as an elementary treatise on law? No; but the hope is
+indulged that the young people who study it will catch something of the
+_spirit_ of law, which to know is to respect.
+
+
+
+
+CONTENTS.
+
+PREFACE,
+TO TEACHERS,
+TO STUDENTS,
+
+PRELIMINARY CHAPTER.
+
+GOVERNMENT: WHAT IT IS AND WHY IT IS,
+
+PART I.--GOVERNMENT WITHIN THE STATE.
+
+CHAPTER.
+     I.--THE TOWN: WHY AND HOW ORGANIZED, ETC.,
+    II.--PRIMITIVE MODES OF ADMINISTERING JUSTICE,
+   III.--PROCEEDINGS IN A JUSTICE COURT,
+    IV.--THE INCORPORATED VILLAGE,
+     V.--THE CITY,
+    VI.--THE COUNTY,
+   VII.--ESTABLISHING JUSTICE IN THE COUNTY,
+  VIII.--HISTORICAL,
+
+PART II.--THE STATE.
+
+    IX.--STATES: WHY AND HOW CREATED,
+     X.--STATE CONSTITUTIONS,
+    XI.--DEPARTMENTS OF GOVERNMENT,
+   XII.--THE LEGISLATIVE DEPARTMENT,
+  XIII.--THE EXECUTIVE DEPARTMENT,
+   XIV.--OTHER STATE OFFICERS,
+    XV.--THE JUDICIAL DEPARTMENT,
+   XVI.--RETROSPECT AND PROSPECT,
+
+PART III.--THE NATION.
+
+  XVII.--THE CAUSES OF THE REVOLUTION,
+ XVIII.--THE ARTICLES OF CONFEDERATION,
+   XIX.--THE ORIGIN OF THE CONSTITUTION,
+    XX.--THE CONSTITUTION: PREAMBLE,
+   XXI.--STRUCTURE OF THE LEGISLATIVE BRANCH,
+  XXII.--POWERS OF CONGRESS,
+ XXIII.--THE EXECUTIVE BRANCH,
+  XXIV.--THE JUDICIAL BRANCH,
+   XXV.--THE RELATIONS OF THE STATES,
+  XXVI.--MODES OF AMENDING THE CONSTITUTION,
+ XXVII.--MISCELLANEOUS PROVISIONS,
+XXVIII.--RATIFICATION OF THE CONSTITUTION,
+  XXIX.--THE AMENDMENTS,
+
+PART IV.--GOVERNMENT IN GENERAL.
+
+   XXX.--FORMS OF GOVERNMENT,
+
+PART V.--COMMERCIAL LAW.
+
+  XXXI.--CONTRACTS,
+ XXXII.--AGENCY,
+XXXIII.--PARTNERSHIP,
+ XXXIV.--CORPORATIONS,
+  XXXV.--COMMERCIAL PAPER,
+
+APPENDIX.
+
+A.--FORMS,
+B.--TABLES,
+C.--HOW SOME THINGS ARE DONE,
+D.--SOME PRINCIPLES OF INTERNATIONAL LAW,
+E.--DOCUMENTS,
+
+GENERAL INDEX,
+
+
+
+
+TO TEACHERS.
+
+
+Highly competent teachers are the very ones who receive most kindly
+suggestions meant to be helpful. For such these words are intended.
+
+The local organizations are so related that it is advisable for all
+classes to consider each of them. Especial attention should, however, be
+given to the organization (town, village or city) in which the school is.
+Here considerable time can be profitably spent, and the matter in the book
+may be much amplified. Here must be laid the basis of future study.
+
+Certain typical instruments deserve careful study. For a student to have
+made out understandingly an official bond, for instance, is for him to
+have gained greatly in intelligence.
+
+It will be of great advantage to the class for the teacher to have a
+complete set of the papers whose forms are given in Appendix A. These may
+be obtained at almost any newspaper office, at a cost of about 50 cents.
+
+A scrap-book or series of envelopes in which to file newspaper clippings
+illustrative of the every-day workings of government, may be made very
+useful. Pupils should be permitted and encouraged to contribute.
+
+One good way to review is for the teacher to give out, say once in two
+weeks, a set of twenty-five or more questions, each of which may be
+answered in a few words; have the pupils write their answers; and the
+correct answers being given by teacher or pupils, each may mark his own
+paper. Each pupil may thus discover where he is strong and where weak.
+
+The questions given for debate may be discussed by the literary society.
+Or for morning exercises, one student may on a certain day present one
+side of the argument, and on the following day the negative may be brought
+out by another student.
+
+A student should not be required to submit his good name to the chances of
+answering a certain set of questions, however excellent, at the
+examination, when from anxiety or other causes he may fall far short of
+doing himself justice. One good plan is to allow each student to make up
+50 percent of his record during the progress of the work, by bringing in,
+say, five carefully prepared papers. One of these may be a _resumé_ of
+matter pertaining to his local organization; another may be an account of
+a trial observed, or other governmental work which the student may have
+seen performed; a third may be a synopsis of the president's message; the
+fourth, a general tabulation of the constitution; the fifth, a review of
+some book on government, or a paper on a subject of the student's own
+choice.
+
+Among reference books, every school should have at least the Revised
+Statutes of the state and of the United States, the Legislative Manual of
+the state, a good political almanac for the current year, the
+Congressional Directory, and Alton's Among the Lawmakers.
+
+A Teachers' Manual, giving answers to the pertinent questions contained
+herein, and many useful hints as to the details of teaching Civics, is
+published in connection with this book.
+
+
+
+
+TO STUDENTS.
+
+
+You will notice in chapter one that at the close of nearly every paragraph
+questions are thrown in. They are inserted to help you cultivate in
+yourself the very valuable habit of rigid self-examination. We are all
+liable to assume too soon that we have the thought. Not to mar the look of
+the page, the questions are thenceforward placed only at the close of the
+chapters.
+
+You will soon discover that these questions are so framed as to require
+you to read not only on the lines and _between_ them, but also right down
+_into_ them. Even then you will not be able to answer all of the
+questions. The information may not be in the book at all. You may have to
+look around a long time for the answer.
+
+If you occasionally come to a question which you can neither answer nor
+dismiss from your mind, be thankful for the question and that you are
+bright enough to be affected in this way. You have doubtless discovered
+that some of your best intellectual work, your most fruitful study, has
+been done on just such questions.
+
+After studying a provision of the constitution of the United States, you
+should be able to answer these four questions: 1. What does it _say?_ 2.
+What does it _mean?_ 3. _Why_ was the provision inserted? 4. How is it
+carried into practical effect? Some of the provisions should be so
+thoroughly committed to memory that at any time they may be accurately
+quoted. The ability to quote exactly is an accomplishment well worth
+acquiring.
+
+After you have got through with a line of investigation it is a good thing
+to make a synopsis of the conclusions reached. Hints are given at
+appropriate places as to how this may be done. But the doing of it is left
+to you, that you may have the pleasure and profit resulting therefrom.
+
+Finally, without fretting yourself unnecessarily, be possessed of a "noble
+dissatisfaction" with vague half-knowledge. Try to see clearly. Government
+is so much a matter of common sense, that you can assuredly understand
+much of it if you determine so to do.
+
+
+
+
+STUDIES IN CIVICS.
+
+
+
+
+PRELIMINARY CHAPTER.
+
+
+GOVERNMENT: WHAT IT IS AND WHY IT IS.
+
+At the very beginning of our study, two questions naturally present
+themselves: First. What is government? Second. Why do we have such a
+thing?
+
+These questions are much easier to ask than to answer. The wisest men of
+the ages have pondered upon them, and their answers have varied widely.
+Yet we need not despair. Even boys and girls can work out moderately good
+answers, if they will approach the questions seriously and with a
+determination to get as near the root of the matter as possible.
+
+Beginning without attempting an exact definition of government, because we
+all have a notion of what it is, we notice that only certain animals are
+government-forming. Among these may be mentioned the ant, the bee, and
+man. The fox, the bear, and the lion represent the other class. If we
+should make two lists, including in one all the animals of the first class
+and in the other all those of the second class, we should make this
+discovery, that government-forming animals are those which by nature live
+together in companies, while the other class as a rule live apart. The
+generalization reached is, that _only gregarious animals form
+governments_. We would discover upon further investigation that the
+greater the interdependence of the individuals, the more complex the
+government.
+
+Confining our attention now to man, whose government is the most complex,
+we may put our generalization into this form: Man establishes government
+because _by nature he is a social being_. This may be taken as the
+fundamental reason. Let us now proceed to trace the relation between cause
+and effect.
+
+In order that people may go from place to place to meet others for
+pleasure or business, roads are needed. Some of these roads may cross
+streams too deep for fording, so bridges must be provided. These things
+are for the good of all; they are public needs, and should be provided by
+the public. But "what is every body's business is nobody's business." It
+follows that the public must appoint certain persons to look after such
+things. By the act of appointing these persons, society becomes to that
+extent organized. We see, then, that society organizes in order to provide
+certain public improvements, _to carry on certain public works_.
+
+For his own preservation, man is endowed with another quality, namely,
+selfishness. Sometimes this is so strong in a person as to cause him to
+disregard the rights of others. By experience man has learned that _every_
+person is interested in seeing that conflicting claims are settled on a
+better basis than that of the relative strength of the contestants. In
+other words, all are interested in the prevalence of peace and the
+rightful settlement of disputes. That this work may surely be done, it is
+obvious that society must appoint certain persons to attend to it; that
+is, society organizes _to establish justice._
+
+Communities take their character from that of the individuals composing
+them, therefore communities are selfish. A third reason appears, then, for
+the organization of society, namely, _the common defense._
+
+But this organization of society is the very thing that we call
+government. We may, therefore, answer the two questions proposed at the
+beginning in this way:
+
+_Government is the organization of society to carry on public works, to
+establish justice, and to provide for the common defense._
+
+The term _government_ is also applied to the body of persons into whose
+hands is committed the management of public affairs.
+
+To show that government is a necessity to man, let us imagine a company of
+several hundred men, women, and children, who have left their former home
+on account of the tyranny of the government. So harshly have they been
+treated, that they have ascribed all their misery to the thing called
+government, and they resolve that they will have none in their new home.
+They discover an island in the ocean, which seems never to have been
+occupied, and which appears "a goodly land." Here they resolve to settle.
+
+They help each other in building the houses; each takes from the forest
+the wood that he needs for fuel; they graze the cattle in a common meadow;
+they till a common field and all share in the harvest. For a time all goes
+well. But mutterings begin to be heard. It is found that some are
+unwilling to do their share of the work. It becomes manifest to the
+thoughtful that community of property must be given up and private
+ownership be introduced, or else that the common work must be regulated.
+In the latter case, government is established by the very act of
+regulation; they are establishing justice. If they resolve to adopt
+private ownership, industry will diversify, they will begin to spread out
+over the island, and public improvements will be needed, such as those
+specified above. The conflict of interests will soon necessitate tribunals
+for the settlement of disputes. And thus government would, in either case,
+inevitably be established. A visit from savages inhabiting another island
+would show the utility of the organization for common defense.
+
+Thus government seems a necessary consequence of man's nature.
+
+In this country we have the general government and state governments, the
+latter acting chiefly through local organizations. For obvious reasons,
+the common defense is vested in the general government. For reasons that
+will appear, most of the work of public improvement and establishing
+justice is entrusted to the state and local governments.
+
+These we shall now proceed to study, beginning at home.
+
+
+QUERIES.--Would government be necessary if man were morally perfect? Why
+is this organization of society called _government?_
+
+
+
+
+PART I.
+
+GOVERNMENT WITHIN THE STATE.
+
+
+
+
+
+CHAPTER I.
+
+THE TOWN: WHY AND HOW ORGANIZED; OFFICERS; TOWN BUSINESS.
+
+
+Necessity.--Now instead of a company going to an island to found new
+homes, let us think of immigrants to a new part of a state.
+
+Like the people on the island, they will need roads, bridges, and schools;
+and they will desire to preserve the local peace. Hence they, too, will
+need to organize as a political body.
+
+Size.--Since these people are going to meet at stated periods to agree
+upon the amounts to be put into public improvements and to select officers
+to carry out their wishes, the territory covered by the organization
+should not be very large. It should be of such a size that every one
+entitled to do so can reach the place of meeting, take part in the work
+thereof, and return home the same day, even if he has no team.
+
+Basis.--Will anything be found already done to facilitate matters? Yes.
+Those parts of the state open to settlement will be found surveyed into
+portions six miles square. These squares are called in the survey
+"townships," plainly indicating that they were meant by the general
+government to be convenient bases for the organization of "towns." And
+they have been so accepted.
+
+Draw a township. Subdivide it into sections and number them in accordance
+with the U.S. survey. Subdivide a section into forties, and describe each
+forty. Why do we have such divisions of a township? Locate your father's
+farm. What is the difference between a _township_ and a _town?_ [Footnote:
+In some states the terms "congressional township" and "civil township" are
+used.]
+
+Corporate Powers.--A town is in some respects like an individual. It can
+sue and be sued. It can borrow money. It can buy or rent property needed
+for public purposes. And it can sell property for which it has no further
+use. Because a town can do these things as an individual can it is called
+a corporation, and such powers are called corporate powers.
+
+When we say that "the town" can do these things, we mean of course that
+the people of the town as a political body can do them, through the proper
+officers.
+
+Officers Needed.--The town needs one or more persons to act for it in its
+corporate capacity and to have general charge of its interests.
+
+Should there be one, or more than one? Why? How many are there?
+
+Every business transaction should be recorded, and the town should have a
+recording officer or secretary.
+
+What is the recording officer in this town called? What is his name? Which
+officer would naturally be the custodian of public papers?
+
+It takes money to build bridges and to carry on other public works, and
+the town needs some one to take charge of the public funds.
+
+What is the officer called? Who occupies that position in this town? How
+is he prevented from misappropriating the money belonging to the people?
+
+Our plan for raising public money for local purposes is, in general, that
+each person shall contribute _according to the value of his property._
+Hence the town needs a competent and reliable man to value each person's
+property.
+
+What is such an officer called? What is the name of the one in this town?
+Is any property exempt from taxation? Why? Just how is the value of the
+real estate in the town ascertained for the purpose of taxation? The value
+of the personal property? Get a list and find out what questions this
+officer asks. Read the statement at the bottom of the list carefully, and
+then form an opinion of a person who would answer the questions
+untruthfully for the purpose of lowering his taxes.
+
+The immediate care of the roads will demand the attention of one or more
+officers.
+
+How many in this town? What are such officers called? Name them.
+
+Differences about property of small value sometimes arise, and to go far
+from home to have them settled would involve too much expense of time and
+money; hence the necessity of local officers of justice. These officers
+are needed also because petty acts of lawlessness are liable to occur.
+
+How many justices of the peace are there in each town? Why that number?
+What is the extent of their jurisdiction?
+
+The arrest of criminals, the serving of legal papers, and the carrying out
+of the decisions of justices of the peace, make it necessary to have one
+or more other officers.
+
+What are such officers called? How many in each town? Why? Look up the
+history of this office; it is interesting.
+
+The public schools of the town may be managed either by a town board of
+trustees, who locate all of the school-houses, engage all of the teachers,
+and provide necessary material for all of the schools in the town; or the
+town may be divided into districts, the school in each being managed by
+its own school board.
+
+
+Does the township system or the district system prevail in this state?
+Name some state in which the other system prevails.
+
+
+How Chosen.--In this country most of the public officers are chosen by the
+people interested. The great problem of election is how to ascertain the
+real will of those entitled to express an opinion or have a choice. And
+all the arrangements for conducting elections have in view one of two
+things: either to facilitate voting or to prevent fraud. The town serves
+as a convenient voting precinct.
+
+
+Find out from the statutes or from the town manual or by inquiry, when the
+town meeting is held; how notice is given; how it is known who may vote;
+who are judges of election; how many clerks there are; how voting is done;
+how the votes are counted and the result made known; what reports of the
+election are made. Give the reason for each provision. Can a person vote
+by proxy? Why? What is to prevent a person from voting more than once? If
+the polls are open seven hours, and it takes one minute to vote, how many
+persons can vote at one polling place? What may be done in case there are
+more than that number of voters in the town? How are road overseers
+elected, and in what part of the day? Why then? What other business is
+transacted at town meeting? How do the people know how much money will be
+needed for the coming year's improvements? How do they learn the nature
+and expense of last year's improvements?
+
+Give four general reasons for our having towns.
+
+       *       *       *       *       *
+
+PRACTICAL WORK FOR STUDENTS.
+
+I. ORGANIZING A TOWN.
+
+Prepare in due form a petition to the proper authorities asking that a new
+town be organized. [Footnote: For forms see Appendix. If necessary, all
+the pupils in the room or school may act as "legal voters." (This
+"Practical Work" may be omitted until the review, if deemed best.)] Be
+sure that the order establishing the new town is duly made out, signed,
+attested and filed. Give reasons for each step.
+
+
+II. HOLDING ANNUAL TOWN MEETING.
+
+1. Preliminary.--What report does each road overseer make to the
+supervisors? When is the report due? What do the supervisors require this
+information for?
+
+Who gives notice of the town meeting? When? How?
+
+When does the town treasurer make his report to the persons appointed to
+examine his accounts? When does this examination take place? What is its
+purpose?
+
+What report does the board of supervisors make to the people at the town
+meeting? When is it prepared? Why is it necessary?
+
+Why so many preliminaries?
+
+2. The Town Meeting.--That everything may be done "decently and in order,"
+it will be necessary to consult carefully the statutes or the town manual.
+Be sure
+
+ (a) That the proper officers are in charge.
+ (b) That the order of business is announced and followed.
+ (c) That the polls are duly declared open.
+ (d) That the voting is done in exact accordance with law.
+ (e) That general business is attended to at the proper time.
+ (f) That reports of officers are duly read and acted upon.
+ (g) That appropriations for the succeeding year are duly made.
+ (h) That the minutes of the meeting are carefully kept.
+ (i) That the polls are closed in due form.
+ (j) That the votes are counted and the result made known according to law.
+ (k) That all reports of the meeting are made on time and in due form.
+
+3. After Town Meeting.--See that all officers elected "qualify" on time
+and in strict accordance with law. Especial care will be needed in making
+out the bonds.
+
+Town clerk must certify to proper officer the tax levied at town meeting.
+
+
+III. LAYING OUT AND MAINTAINING ROADS.
+
+1. Laying out a Road.--Make out a petition for a town road, have it duly
+signed and posted. In due season present it to the supervisors who were
+elected at your town meeting.
+
+The supervisors, after examining the petition carefully and being sure
+that it is in proper form and that it has been duly posted, will appoint a
+time and place of hearing and give due notice thereof.
+
+When the day of hearing arrives they will examine the proofs of the
+posting and service of the notices of hearing before proceeding to act
+upon the petition.
+
+Having heard arguments for and against the laying of the road, the
+supervisors will render their decision in due form.
+
+In awarding damages, the supervisors will probably find four classes of
+persons: first, those to whom the road is of as much benefit as damage,
+and who admit the fact; second, those who should have damages, and are
+reasonable in their demands; third, those who claim more damages than they
+are in the judgment of the supervisors entitled to; and fourth, those who
+from some cause, (absence, perhaps,) do not present any claim. From the
+first class, the supervisors can readily get a release of damages. With
+the second, they can easily come to an agreement as to damages. To the
+third and fourth, they must make an award of damages. Let all of these
+cases arise and be taken care of.
+
+The supervisors must be careful to issue their road order in proper form,
+and to see that the order, together with the petition, notices, affidavits
+and awards of damages, are filed correctly and on time. The town clerk
+must read the law carefully to ascertain his duty, and then perform it
+exactly. See that fences are ordered to be removed. Let one of the persons
+who feels himself aggrieved by the decision of the supervisors, "appeal"
+to a proper court. Let this be done in due form. As each step is taken,
+let the reasons for it be made clear.
+
+2. Maintaining Roads.--Road overseers return the list of persons liable to
+road labor. How are these facts ascertained, and when must the "return" be
+made?
+
+Supervisors meet and assess road labor, and sign road tax warrants. When
+and how is this done?
+
+How is the road tax usually paid? How else may it be paid? How does the
+overseer indicate that a person's tax is paid? If a person liable to road
+tax does not "commute," and yet neglects or refuses to appear when duly
+notified by the road overseer, what can the latter do about it? How is
+delinquent road tax collected? How can a person who has paid his tax prove
+that he has paid it?
+
+Under which of the three great purposes of government mentioned in the
+preliminary chapter does the making of roads come?
+
+
+
+
+THE TOWN--_Continued_.
+
+THE SCHOOLS.
+
+
+Does the town system or the district system prevail in this state? If the
+latter, tell how a school district is organized. Give an account of the
+organization of this district.
+
+How many and what officers have charge of the schools? State the duties of
+each. Name the officers in this district. When are the officers chosen,
+and how long do they serve? Are all chosen at once? Why? How do they
+"qualify?" Are women eligible to school offices? To any other?
+
+Did you ever attend the annual meeting? When is it held? Why held then?
+Who take part? What business is transacted? What are "special" school
+meetings?
+
+What expenses must be met in having a school? Where does the money come
+from? How does the treasurer get it into his possession? What is to
+prevent his misusing it?
+
+By whom is the teacher chosen? Why not elect the teacher at the annual
+meeting? Get a teacher's contract and find out who the contracting parties
+are, and what each agrees to do. Why is the contract in writing? How many
+copies of it are made? Who keep them, and why?
+
+If you had a bill against the district, how would you proceed to get your
+money? If the district refused or neglected to pay you, what could you do?
+If some one owed the district and refused to pay, what could it do?
+
+Who owns the school buildings and grounds? How was ownership obtained? If
+it seemed best to erect a new schoolhouse in some other part of the
+district, what could be done with the present buildings and grounds? Could
+the district buy land for other than school purposes? Could it lend money
+if it had any to spare? If the district had not money enough to erect its
+buildings, what could it do? What are the corporate powers of a district?
+
+
+_Questions for Debate._
+
+_Resolved,_ That it is unfair to tax a bachelor to support a school.
+
+_Resolved,_ That the town system is better than the district system.
+
+
+
+
+CHAPTER II.
+
+PRIMITIVE MODES OF ADMINISTERING JUSTICE.
+
+
+Trial by Ordeal.--Boys settle some matters about which they cannot agree
+by "tossing up a penny," or by "drawing cuts." In a game of ball they
+determine "first innings" by "tossing the bat." Differences in a game of
+marbles, they settle by guessing "odd or even," or by "trying it over to
+prove it." In all these modes of adjustment there is an appeal to
+_chance._ Probably behind these practices is the feeling that the boy who
+ought to win will somehow guess right. This appealing to chance to settle
+questions of fact is characteristic of society in its primitive state.
+Modes of establishing justice similar in principle to these boy practices
+prevail to this day among superstitious peoples. They have prevailed even
+in Europe, not only among people of low mental power, but also among the
+cultured Greeks. Among our own Saxon ancestors the following modes of
+trial are known to have been used: A person accused of crime was required
+to walk blindfolded and barefoot over a piece of ground on which hot
+ploughshares lay at unequal distances, or to plunge his arm into hot
+water. If in either case he escaped unhurt he was declared innocent. This
+was called Trial by Ordeal. The theory was that Providence would protect
+the innocent.
+
+Trial by Battle.--Sometimes boys settle their disputes by _fighting_.
+This, too, was one of the modes of adjudication prevalent in early times
+among men. Trial by Battle was introduced into England by the Normans. "It
+was the last and most solemn resort to try titles to real estate."
+[Footnote: Dole's Talks about Law, p. 53.] The duel remained until
+recently, and indeed yet remains in some countries, as a reminder of that
+time. And disputes between countries are even now, almost without
+exception, settled by an appeal to arms. Perhaps the thought is that "he
+is thrice armed that hath his quarrel just." Sometimes when one of the
+boys is too small to fight for his rights, another boy will take his part
+and fight in his stead. Similarly, in the Trial by Battle, the parties
+could fight personally or by "champion." Interesting accounts of this mode
+of trial are given by Green and Blackstone, and in Scott's "Talisman."
+
+Arbitration.--Two boys who have a difference may "leave it to" some other
+boy in whom they both have confidence. And men did and do settle disputes
+in a similar way. They call it settlement by Arbitration.
+
+A boy would hardly refer a matter for decision to his little brother. Why?
+
+Folk-Moot.--Still another common way for two boys to decide a question
+about which they differ is to "leave it to the boys," some of whom are
+knowing to the facts and others not. Each of the disputants tells his
+story, subject to more or less interruption, and calls upon other boys to
+corroborate his statements. The assembled company then decides the matter,
+"renders its verdict," and if necessary carries it into execution. In this
+procedure the boys are re-enacting the scenes of the _Folk-moot_ or town
+meeting of our Saxon ancestors.
+
+Boy-Courts.--Let us look at this boy-court again to discover its principal
+elements.
+
+In the first place, we see that _every_ boy in the crowd feels that he has
+a right to assist in arriving at the decision, that "the boys"
+collectively are to settle the matter. In other words, that _the
+establishment of justice is a public trust._ So our Saxon forefathers used
+to come together in the Folk-moot and as a body decide differences between
+man and man. The boys have no special persons to perform special duties;
+that is, no court officers. Neither, at first, did those old Saxons.
+
+Secondly, in the boy-court the _facts_ in the case are brought out by
+means of _witnesses_. So it was in the Folk-moot, and so it is in most
+civilized countries today. Among those old Saxons the custom grew up of
+allowing the facts in the case to be determined by _twelve_ men of the
+neighborhood, _who were most intimately acquainted with those facts_. When
+they came over to England these Saxons brought this custom with them, and
+from it has been developed the Trial by Jury. The colonists of this
+country, most of whom came from England, brought with them this important
+element in the establishment of justice, and it is found today in nearly
+all the states.
+
+Again, when in the boy-court the facts of the case have been established
+and it becomes necessary to apply the rules of the game to the particular
+case, the boys frequently, invariably in difficult cases, turn to some boy
+or boys known to be well versed in the principles of the game, and defer
+to his or their opinion. And, similarly, in the Folk-moot, much deference
+was paid in rendering judgment to the old men who for many years had
+helped to render justice, and who, in consequence, had much knowledge of
+the customs, unwritten laws, in accordance with which decisions were
+rendered. In this deference to one or more persons who are recognized as
+understanding the principles involved in the case, we see the germ of
+_judgeship_ in our present courts.
+
+And finally, a boy naturally reserves the right, mentally or avowedly, of
+_appealing_ from the decision of the boys to the teacher or his father, in
+case he feels that he has been unjustly dealt with.
+
+Thus we see that the principal elements of the courts of today, the
+establishment of justice as a public trust, the determination of the facts
+by means of witnesses and a jury, the application of the law by one or
+more judges, the right of appeal to a higher court, are not artificial,
+but in the nature of things. We inherited them from our primitive
+ancestors, and in that sense they may be said to have been imposed upon
+us. But their naturalness appears in the fact that boys when left to
+themselves introduce the same elements into their boy-courts.
+
+
+CHANGES MADE IN COURSE OF TIME.
+
+In the Jury System.--The jurors were originally, as has been said, persons
+acquainted with the facts. After the Norman conquest, it came about that
+the jury consisted of twelve persons disinterested and _unacquainted_ with
+the facts. Probably the change gradually came about from the difficulty of
+getting twelve men eligible to the jury who knew of the facts. Persons
+ineligible to the jury were then invited to give it information, but not
+to join it in the verdict. The next step, taken about 1400 A.D., was to
+require these witnesses to give their evidence in open court, subject to
+examination and cross-examination. The testimony of the witnesses,
+however, was still merely supplementary. Then in the time of Queen Anne,
+about 1707 A.D., it was decided that any person who had knowledge of the
+facts of the case should appear as a _witness_, that the jury should
+consist of persons unacquainted with the facts, and that the verdict
+should be rendered in accordance with the evidence. And so it is to this
+day, both in England and America. [Footnote: The best history of the jury
+system is probably Forsyth's.]
+
+"It is not true, however, that a man is disqualified from serving on a
+jury simply because he has heard or read of the case, and has formed and
+expressed some impression in regard to its merits; if it were, the
+qualifications for jury service in cases that attract great attention
+would be ignorance and stupidity. The test, therefore, is not whether the
+juryman is entirely ignorant of the case, but whether he has formed such
+an opinion as would be likely to prevent him from impartially weighing the
+evidence and returning a verdict in accordance therewith." [Footnote:
+Dole's Talks about Law, p. 59.]
+
+In the Officers.--As has been said, there were in the old Saxon courts no
+court officers. But quite early the necessity for such officers became
+manifest. And several of the offices then established have come down to
+us. Some of them, however, have been so modified in the progress of time
+as to be hardly recognizable.
+
+
+
+
+CHAPTER III.
+
+PROCEEDINGS IN A JUSTICE COURT.
+
+
+I. IN ORDINARY CIVIL ACTIONS.
+
+Definitions.--A _Civil Action_ is one having for its object the protection
+or enforcement of a private right or the securing of compensation for an
+infraction thereof. For instance a suit brought to secure possession of a
+horse, or to secure damages for a trespass is a civil action. The person
+bringing the action is called the _plaintiff_; the one against whom it is
+brought, the _defendant_. The plaintiff and the defendant are called the
+_parties_ to the action.
+
+_Jurisdiction._--A justice of the peace has jurisdiction within the county
+in most civil actions when the amount in controversy does not exceed a
+certain sum, usually one hundred dollars. (See p. 296.)
+
+
+PRELIMINARY TO TRIAL.
+
+_Complaint and Summons._--In bringing a civil action, the plaintiff or his
+agent appears before the justice of the peace and files a Complaint. In
+this he states the cause of the action. The justice then issues a Summons.
+This is an order to a sheriff or constable commanding him to notify the
+defendant to appear before the justice at a certain time and place to make
+answer to the plaintiff's demands. (Form on p. 277.)
+
+Sometimes on bringing an action or during its progress a writ of
+attachment is obtained. To secure this writ, the creditor must make
+affidavit to the fact of the debt, and that the debtor is disposing or
+preparing to dispose of his property with intent to defraud him, or that
+the debtor is himself not reachable, because hiding or because of
+non-residence. In addition, the creditor must give a bond for the costs of
+the suit, and for any damages sustained by the defendant. The justice then
+issues the writ, which commands the sheriff or constable to take
+possession of and hold sufficient goods of the debtor and summon him as
+defendant in the suit.
+
+Another writ sometimes used is the writ of replevin. To secure this writ,
+the plaintiff must make affidavit that the defendant is in wrongful
+possession of certain (described) personal property belonging to the
+plaintiff. The plaintiff then gives a bond for the costs of the suit and
+for the return of the property in case he fails to secure judgment, and
+for the payment of damages if the return of the property cannot be
+enforced, and the justice issues the writ. This commands the sheriff or
+constable to take the property described and turn it over to the
+plaintiff, and to summon the defendant as before.
+
+Pleadings.--The next step in the process, in any of the cases, is the
+filing of an Answer by the defendant, in which he states the grounds of
+his defense. The complaint of the plaintiff and the answer of the
+defendant constitute what are called the pleadings. [Footnote: For a more
+extensive discussion of pleadings, see chapter VII.; or Dole, pp. 30-42.]
+If the answer contains a counter-claim, the plaintiff is entitled to a
+further pleading called the Reply. The pleadings contain simply a
+statement of the facts upon which the parties rely in support of their
+case. No evidence, inference or argument is permitted in them.
+
+Issue.--It is a principle of pleading that "everything not denied is
+presumed to be admitted." The fact or facts asserted by one party and
+denied by the other constitute the issue. If the defendant does not make
+answer on or before the day appointed in the summons and does not appear
+on that day, judgment may be rendered against him. If the plaintiff fail
+to appear, he loses the suit and has to pay the costs. For sufficient
+cause either party may have the suit adjourned or postponed for a short
+time.
+
+Jury.--On demand of either party a jury must be impaneled. The jury
+usually consists of twelve persons, but by consent of the parties the
+number may be less. The jury is impaneled as follows: The justice directs
+the sheriff or constable to make a list of twenty-four inhabitants of the
+county qualified to serve as jurors in the district court, or of eighteen
+if the jury is to consist of six persons. Each party may then strike out
+six of the names. The justice then issues a venire [Footnote: For forms,
+see page 280.] to the sheriff or a constable, directing him to summon the
+persons whose names remain on the list to act as jurors.
+
+Witnesses.--If any of the witnesses should be unwilling to come, the
+justice issues a subpoena [Footnote: For forms, see page 279.] commanding
+them to appear. The subpoena may contain any number of names and may be
+served by any one. It is "served" by reading it to the person named
+therein, or by delivering a copy of it to him. A witness, however, is not
+bound to come unless paid mileage and one day's service in advance.
+
+
+THE TRIAL.
+
+Opening Statement.--The usual procedure is as follows: After the jury has
+been sworn, the plaintiff's attorney reads the complaint and makes an
+opening statement of the facts which he expects to prove. The purpose of
+the opening statement is to present the salient points of the case, so
+that the importance and bearing of the testimony may be readily seen by
+the jury.
+
+Evidence.--The evidence [Footnote: The most important Rules of Evidence
+are given in chapter VII.] for the plaintiff is then introduced. Each
+witness, after being duly sworn, gives his testimony by answering the
+questions of counsel. After the direct examination by the plaintiff's
+attorney, the witness may be cross-examined by the attorney for the
+defendant. When the evidence for the plaintiff is all in, the defendant's
+attorney makes his opening statement, and then the witnesses for the
+defense are examined. The direct examination is now, of course, conducted
+by the counsel for the defendant, and the cross-examination by opposing
+counsel. When all the evidence for the defense has been introduced, the
+plaintiff may offer evidence in "rebuttal," that is, to contradict or
+disprove new matter adduced by the defense. And the defendant may then
+introduce evidence to refute matter first brought out by the rebuttal.
+
+Argument.--The case is now ready for "argument." One attorney on each side
+addresses the jury. Each tries to show that the evidence adduced has
+proved the facts alleged in his pleadings, and each asks for a decision in
+favor of his client. Usually the side upon which rests the burden of proof
+has the closing argument.
+
+Counsel must confine themselves to the law, the admitted facts and the
+evidence.
+
+Verdict.--The jury then retire in care of an officer to a room set apart
+for their use. Here they deliberate in secret. If after a reasonable time
+they cannot agree, they are discharged, and the case stands as if no trial
+had taken place. But if they agree they return to the court room and
+render their verdict. This is given by the foreman, and is assented to by
+the rest.
+
+Judgment.--After the verdict, the justice enters judgment in accordance
+therewith. Judgment may include certain sums of money allowed to the
+successful party in part compensation of his expenses. Such allowances and
+certain court expenses are called "the costs."
+
+
+AFTER THE TRIAL.
+
+Appeal.--If the defeated party feels that he has not been justly dealt
+with, he may ask for a new trial. If this be refused he may appeal his
+case to a higher court. He must make affidavit that the appeal is not
+taken for the purpose of delay, and must give bonds to cover the judgment
+and the costs of appeal. The higher court affirms or reverses the
+judgment, in the latter case granting a new trial.
+
+Sometimes the case is tried anew in the higher court, just as if there had
+been no trial in the justice court.
+
+Execution.--If no appeal is taken the defeated party may "satisfy" the
+judgment, that is, pay to the justice the sum specified therein. If at the
+expiration of the time allowed for appeal the judgment remains
+unsatisfied, the justice may issue an execution [Footnote: For forms, see
+Appendix, pp. 282-3.] against the property of the debtor.
+
+
+II. IN CRIMINAL ACTIONS.
+
+_Jurisdiction._
+
+Justices of the peace have jurisdiction throughout their respective
+counties, as follows:
+
+1. _To try_ charges where the punishment prescribed by law does not exceed
+a fine of one hundred dollars or imprisonment for three months. [Footnote:
+The extent of this jurisdiction varies somewhat in different states.]
+
+2. _To examine_ persons charged with crimes greater than those specified
+above, and to dismiss them or hold them for trial in a court having
+jurisdiction, as the facts seem to warrant.
+
+3. _To prevent_ crimes, by requiring reckless persons to give security to
+keep the peace.
+
+
+PROCEEDINGS IN CRIMINAL TRIAL.
+
+Preliminary.
+
+Complaint.--If a crime has been committed, the sufferer, or any one else,
+may appear before the justice of the peace and make complaint, under oath,
+specifying the nature of the crime, the time of its commission, and the
+name of the person believed to have perpetrated it, and requesting that he
+be apprehended for trial.
+
+Warrant.--If upon careful examination of the complainant and any witnesses
+whom he may bring, it appears that the offense has probably been
+committed, the justice issues a warrant, reciting the substance of the
+complaint, and commanding an officer to arrest the accused and produce him
+for trial.
+
+Return.--The officer arrests the accused, brings him before the justice,
+and makes a return of the warrant. The return is a statement on the back
+of the warrant telling how its commands have been executed. (See p. 283)
+
+Bail.--The accused is entitled to a speedy trial. But if for good cause it
+seems best to postpone it, the accused may be released from custody upon
+giving sufficient bail for his appearance at the time fixed for trial. If
+he cannot furnish bail, he is committed to jail or left in charge of the
+officer.
+
+Subpoena.--One good reason for postponing a trial is to enable the parties
+to secure witnesses. To this end, the justice issues subpoenas. But in
+this case the witnesses must come without the tender of the fee.
+
+_The Trial._
+
+Arraignment.--The first step in the trial proper is to inform the
+defendant of the nature of the crime with which he is charged. The
+accusation, as stated in the warrant, is distinctly read to him by the
+justice, and he is required to plead thereto. If he pleads guilty,
+conviction and sentence may follow at once. If he pleads not guilty, the
+trial proceeds.
+
+Trial.--After the joining of issue, and before the court proceeds to the
+examination of the merits of the case, a jury is impaneled as in a civil
+action. A jury may be waived by the defendant. Then follow the taking of
+the testimony, the arguments of counsel, the consideration and verdict by
+the jury. The defendant is then discharged if not guilty, or sentenced if
+found guilty. The penalty depends, of course, upon the nature of the
+offense.
+
+
+PROCEEDINGS IN EXAMINATION.
+
+Need of Examination.--Over crimes punishable by fine greater than $100 or
+imprisonment for more than three months, a justice of the peace usually
+has no jurisdiction of trial. The action must be tried in the district
+court, on the indictment of a grand jury. But in the meantime the
+perpetrator of a crime might escape. To prevent this, the accused may be
+arrested and examined by a justice of the peace, to ascertain whether or
+not there are sufficient grounds for holding him for trial.
+
+Proceedings.--The preliminary proceedings are precisely like those in case
+of a trial. Upon complaint duly made a warrant is issued, and the accused
+is arrested and brought before the justice. In the presence of the
+accused, the magistrate examines the complainant and witnesses in support
+of the prosecution, upon oath, "in relation to any matter connected with
+such charge which may be deemed pertinent."
+
+Rights of Accused.--The accused has a right to have witnesses in his
+behalf, and to have the aid of counsel, who may cross-examine the
+witnesses for the prosecution.
+
+The Result.--If it appears upon examination that the accused is innocent
+of the crime, he is discharged. If his guilt seems probable, he is held to
+await the action of the grand jury. In the case of some offenses bail may
+be accepted. But if no suitable bail is offered, or if the offense is not
+bailable, the accused is committed to jail. Material witnesses for the
+prosecution may be required to give bonds for their appearance at the
+trial, or in default thereof may be committed to jail.
+
+Reports.--The justice makes a report of the proceedings in the
+examination, and files it with the clerk of the court before which the
+accused is bound to appear for trial.
+
+
+PROCEEDINGS FOR PREVENTING CRIME.
+
+Prefatory.--But it is better to prevent crime than to punish it. Indeed,
+one reason for punishing wrongdoers is that the fear of punishment may
+deter people from committing crime.
+
+Proceedings.--As a conservator of the public peace, then, a justice may
+require persons to give bonds for good behavior. The preliminary
+proceedings are similar to those in the case of a trial--the complaint,
+warrant and return. But the complainant simply alleges upon oath, that a
+crime against his person or property has been threatened. The examination
+is conducted as in case of a criminal offense.
+
+Result.--If upon examination there appears reason to fear that the crime
+will be committed by the party complained of, he shall be required to
+enter into recognizance to keep the peace, failing in which he shall be
+committed to jail for the time to be covered by the surety, said time not
+to exceed six months.
+
+
+REMARKS ON CRIMINAL TRIALS.
+
+The care for the rights of the accused is based upon the principle in our
+law, that every man shall be held innocent till _proved_ guilty. Another
+principle is that a person accused of crime _cannot be tried in his
+absence._ The purpose of arresting him is to secure his _presence_ at the
+trial. If he can guarantee this by bail he is set at liberty, otherwise he
+is confined in jail. (See p. 231.)
+
+
+_Pertinent Questions._
+
+Are the justices and constables town, county or state officers? How is it
+known at the county seat who the justices and constables in each town are?
+Define docket, summons, warrant, pleading, subpoena, crime, felony,
+misdemeanor, venire, costs, execution, recognizance. Why are there two
+justices in each town? What is meant by "change of venue?" How is an oath
+administered in court? What persons may not serve as witnesses? If a
+criminal should make confession of the crime to his lawyer, could the
+lawyer be subpoenaed as a witness on the trial? Name some things "exempt
+from execution" in this state. What is to hinder a bitter enemy of yours,
+if you have one, from having you committed to prison. Can a _civil_ suit
+proceed in the absence of the defendant?
+
+
+_Practical Work._
+
+Assume that John Smith bought from Reuben White a cow, the price agreed
+upon being $30; that Smith refuses to pay, and White sues him. Write up
+all the papers in the case, make proper entries in the docket, assessing
+costs, etc.
+
+
+
+
+CHAPTER IV.
+
+THE INCORPORATED VILLAGE.
+
+
+Need of.--Owing to conditions, natural and artificial, favorable to
+business enterprises, people group together in certain places. Living in a
+limited area, the amount of land occupied by each family is small, and the
+territory is surveyed into lots and blocks. To make each homestead
+accessible, streets are laid out. The distances traveled being short,
+people go about principally on foot; hence the need of sidewalks. To
+reduce the danger of going about after dark, street-lamps are needed. The
+nearness of the houses to each other renders it necessary to take special
+precautions for the prevention of fires, and for their extinguishment in
+case they break out.
+
+But to provide and maintain all these things takes money, and the people
+living in the other parts of the town not sharing the benefits would
+hardly like to help pay for them. Hence it is but just that the people
+living in the thickly settled portion of the town should be permitted to
+separate from the rest and form an organization by themselves.
+
+Again, the circumstances being different, the regulations must be
+different in this part of the town. For instance, in the country a man may
+drive as fast as he pleases, while here fast driving endangers life and
+must be prohibited. In the country sleigh-bells are not needed, while here
+they must be used to warn people of the approach of teams. In the country,
+if a man's house takes fire no other person's property is endangered; but
+here the danger is such that all the people are interested in each man's
+house, and the community may require that chimneys be properly constructed
+and ashes safely disposed of.
+
+How Incorporated.--Villages are, with rare exceptions, incorporated under
+a general law specifying the number of inhabitants, the mode of voting on
+incorporation, etc.
+
+The method in Minnesota, which may be taken as typical, is as follows:
+Upon petition of thirty or more voters resident upon the lands to be
+incorporated, which lands have been divided into lots and blocks, the
+county commissioners appoint a time, and give due notice thereof, when the
+voters "actually residing within the territory described," may vote upon
+the question. If a majority of those voting favor incorporation, the
+commissioners file with the register of deeds the original petition, a
+true copy of the notice of election, and the certificate showing the
+result of the vote. The village thus becomes incorporated, and has the
+usual corporate powers. It organizes by electing officers.
+
+Elective Officers.--The usual elective officers of a village are a
+president, three trustees, a treasurer, and a recorder, who are chosen for
+one year, and two justices of the peace and a constable, elected for two
+years. [Footnote: The difference in term is accounted for by the fact that
+the justices and constables are in a measure county officers.]
+
+The Council and Its Powers.--The president, the three trustees, and the
+recorder constitute the village council. They may make, for the following
+purposes among others, such ordinances or by-laws as they deem necessary:
+
+1. To establish and regulate a fire department; to purchase apparatus for
+extinguishing fires; to construct water-works; to designate limits within
+which wooden buildings shall not be erected; to regulate the manner of
+building and cleaning chimneys, and of disposing of ashes; and generally
+to enact such necessary measures for the prevention or extinguishment of
+fires as may be proper.
+
+2. To lay out streets, alleys, parks, and other public grounds; to grade,
+improve, or discontinue them; to make, repair, improve, or discontinue
+sidewalks, and to prevent their being encumbered with merchandise, snow or
+other obstructions; to regulate driving on the streets; to appoint a
+street commissioner.
+
+3. To erect lamp-posts and lamps, and provide for the care and lighting of
+the lamps.
+
+4. To appoint a board of health, with due powers; to provide public
+hospitals; to regulate slaughter-houses; to define, prevent, and abate
+nuisances.
+
+5. To establish and maintain a public library and reading-room.
+
+6. To prohibit gambling; to prevent, or license and regulate the sale of
+liquor, the keeping of billiard-tables, and the exhibition of circuses and
+shows of all kinds; to appoint policemen, and provide a place of
+confinement for offenders against the ordinances.
+
+7. In general, "to ordain and establish all such ordinances and by-laws
+for the government and good order of the village, the suppression of vice
+and immorality, the prevention of crime, the protection of public and
+private property, the benefit of trade and commerce, and the promotion of
+health, not inconsistent with the constitution and laws of the United
+States or of this state, as they shall deem expedient," and to provide
+penalties for the violation of the ordinances.
+
+All fines and penalties imposed belong to the village.
+
+Appointive Officers.--The council appoints, as provided by law, a village
+attorney, a poundmaster, one or more keepers of cemeteries, one or more
+fire-wardens, and regular and special policemen; and it prescribes the
+duties and fixes the compensation of these officers. The council also
+elects at its first meeting, a village assessor, who shall hold his office
+one year.
+
+Vacancies and Removals.--Vacancies in any of the village offices are
+filled by the council, and it has power to remove any officer elected or
+appointed by it whenever it seems that the public welfare will be promoted
+thereby.
+
+Like Town Officers.--The assessor, treasurer, justices of the peace, and
+constable, have the same duties and responsibilities as the corresponding
+officers in the town. The village has a seal, of which the recorder is the
+custodian; and he is, as has been said, a member of the council. Otherwise
+the duties of the recorder are similar to those of the town clerk.
+
+Elections.--A village usually constitutes one election district and one
+road district. Village elections are conducted as are those in a town.
+
+Enlargements.--Lands adjoining the village may be annexed to it, at the
+wish and with the consent of the voters of the territory and of the
+village. The will of the voters aforesaid is expressed at an election
+called, after due notice, by the county commissioners.
+
+
+_Some Pertinent Questions._
+
+Name the incorporated villages in your county. Any others that you know.
+Name some villages, so-called, which are not incorporated. Why are the
+petition and other papers of incorporation recorded?
+
+Can a person living in a village build a sidewalk to suit his own fancy?
+Why? Suppose that owing to a defective sidewalk you should break your leg,
+what responsibility would lie on the village?
+
+How would you get your pay if you had a bill against a village?
+
+The village council has power "to establish and regulate markets." Why
+should the sale of meats be regulated any more than the sale of flour or
+of clothing? May the sale of bread be regulated?
+
+What is the difference between a policeman and a constable.
+
+Compare the village and the town, telling wherein they are alike and
+wherein they are different.
+
+
+_Debate_.
+
+Resolved, That for a village of 1000 inhabitants or less it is wise not to
+become incorporated.
+
+
+
+
+CHAPTER V.
+
+THE CITY.
+
+
+Need Of.--A village being one election district has only one polling
+place. The community may increase so in numbers as to make it necessary to
+have several voting places. For the accommodation of the people, these
+would naturally be located in different parts of the community; and to
+prevent fraud, voting precincts would have to be carefully defined. The
+council would naturally be made up of representatives from these
+divisions.
+
+When, under this arrangement, the voters assemble in different parts of
+the community, they could not listen to financial reports and vote taxes,
+as they do in the town and the village. Hence it would be necessary to
+endow the council with increased powers, including the power to levy taxes
+without the direct authorization of the people.
+
+The expenses for public improvements, for waterworks, sewers,
+street-lighting, etc., may take more money than it would be prudent to
+assess upon the community for immediate payment. In this case it would be
+desirable for the community to have the power to issue bonds.
+
+Again, with increase in population there is an increase in the number of
+disputes over private rights, and temptations to crime become more
+numerous. Hence the need of one or more courts having jurisdiction greater
+than that possessed by justices of the peace. The conditions necessitate
+also an increase in the number and the efficiency of the police. And to
+render the police efficient it is necessary that they be under the
+direction of one man, the same one who is responsible for the carrying out
+of the ordinances of the council, namely, the mayor.
+
+A community organized to comply with the foregoing requirements--divided
+into wards, having a council made up of aldermen from those wards, having
+a council authorized to levy taxes at its discretion, having a municipal
+court, having regularly employed police acting under the direction of the
+mayor--is a city, as the term is generally used in the United States.
+
+Another reason for establishing a city government is frequently potent,
+although unmentioned. The pride of the community can be thereby indulged,
+and more citizens can have their ambition to hold public office gratified.
+
+How Organized.--A city may be organized under general law or special
+charter from the legislature. Large cities, and small ones with _great
+expectations_, usually work under a charter. But the custom is growing of
+organizing cities at first under general law. Then if a city outgrows the
+general law, grows so that it needs powers and privileges not granted
+therein, it may properly ask the legislature for a special charter.
+
+As a type, the principal provisions of the general law of Minnesota are
+here given, as follows:
+
+"Whenever the legal voters residing within the limits of a territory
+comprising not less than two thousand inhabitants, and not more than
+fifteen thousand, and which territory they wish to have incorporated as a
+city, shall sign and have presented to the judge of probate of the county
+in which such territory is situated, a petition setting forth the metes
+and bounds of said city, and of the several wards thereof, and praying
+that said city shall be incorporated under such name as may therein be
+designated, the judge of probate shall issue an order declaring such
+territory duly incorporated as a city, and shall designate the metes,
+bounds, wards, and name thereof, as in said petition described." And the
+judge of probate designates the time and places of holding the first
+election, giving due notice thereof. He also appoints three persons in
+each ward, of which there shall be not less than two nor more than five,
+to act as judges of election. The corporation is established upon the
+presentation of the petition, and the organization is completed by the
+election of officers.
+
+The usual elective officers of a city are a mayor, a treasurer, a
+recorder, one justice of the peace for each ward, styled "city justice,"
+all of whom shall be qualified voters of the city, and one or more
+aldermen for each ward, who shall be "qualified voters therein." All other
+city officers are appointed.
+
+The term of mayor, city justices and aldermen is in most states two years;
+that of the other officers, one year.
+
+Any officer of the city may be removed from office by vote of two-thirds
+of the whole number of aldermen. But an elective officer must be given "an
+opportunity to be heard in his own defense."
+
+A vacancy in the office of mayor or alderman is filled by a new election.
+A vacancy in any other office is filled by appointment. The person elected
+or appointed serves for the unexpired term.
+
+The Mayor is the chief executive officer and head of the police of the
+city. By and with the consent of the council, he appoints a chief of
+police and other police officers and watchmen. In case of disturbance he
+may appoint as many special constables as he may think necessary, and he
+may discharge them whenever he thinks their services no longer needed.
+
+The City Council consists of the aldermen. [Footnote: In some states the
+city council consists of two bodies.] It is the judge of the election of
+its own members. A majority of the members elected constitutes a quorum
+for the transaction of business.
+
+The council chooses its own president and vice-president. In case the
+mayor is absent from the city or for any reason is temporarily unable to
+act, the president of the council acts as mayor, with the title Acting
+Mayor.
+
+Passing Ordinances.--The mode of passing an ordinance is unlike anything
+that we have considered up to this time, and deserves special attention on
+account of its resemblance to the mode of making laws in the state and
+general governments. It is as follows. If a proposed ordinance is voted
+for by a majority of the members of the council present at any meeting, it
+is presented to the mayor. If he approves it, he signs it, and it becomes
+an ordinance. But if he does not approve it, he returns it, through the
+recorder, to the council, together with his objections. [Footnote: This is
+called _vetoing_ it, from a Latin word _veto_, meaning _I forbid_.]The
+council, then reconsiders the proposed ordinance in the light of the
+mayor's objections. If, after such reconsideration, two-thirds of the
+members elected vote for it, it becomes an ordinance, just as if approved
+by the mayor. "If an ordinance or resolution shall not be returned by the
+mayor within five days, Sundays excepted, after it shall have been
+presented to him," it shall have the same effect as if approved by him.
+
+Publication of Ordinances.--The ordinances and by-laws of the council are
+published in a newspaper of the city, selected by the council as the
+official means of publication, and are posted in three conspicuous places
+in each ward for two weeks, before they become operative.
+
+Council Powers.--The city council has about the same powers as a village
+council in regard to streets, the prevention and extinguishment of fires,
+etc.--the same in kind but somewhat more extensive. But it can also levy
+taxes for public purposes, as has before been said. It usually elects the
+assessor, the city attorney, the street commissioner, and a city surveyor,
+and in some states other officers.
+
+The recorder, treasurer, assessor, justices of the peace, and police
+constables, have duties similar to those of the corresponding officers in
+a village or a town.
+
+
+_Some Pertinent Questions_.
+
+If two persons should claim the same seat in the city council, who would
+decide the matter?
+
+State three ways in which a proposed ordinance may become an ordinance.
+Two ways in which it may fail. How can persons living in a city find out
+what ordinances the council passes? How far are the ordinances of any city
+operative?
+
+Compare the government of a village with that of a city.
+
+Are school affairs managed by the city council? How is it in a village? In
+a town.
+
+If a new school-house is needed in a city, and there is not money enough
+in the treasury to build it, what can be done?
+
+If you live in a city having a special charter, borrow a copy of it from a
+lawyer or from the city recorder, and find out what powers and privileges
+are granted to the corporation not specified in the general law; what
+limitations are imposed; and, if a municipal court is provided for, what
+its jurisdiction is in civil actions and in criminal prosecutions.
+
+Name the principal officers in your city. The aldermen from your ward.
+
+What are some of the dangers of city government? Consult Macy's Our
+Government, pp. 51-53, and Nordhoff's Politics for Young Americans.
+
+
+_Questions for Debate._
+
+Resolved, That for a community of 5000 inhabitants or less a village
+organization is better than a city organization.
+
+
+
+
+CHAPTER VI.
+
+THE COUNTY.
+
+
+Need Of.--A county organization is needed for the following reasons:
+
+1. _To establish the lower organizations_. As we have seen, the
+organizations within the county are established by county officers. But,
+it may properly be asked, why not have them organized by the state
+directly? There are at least three good reasons: In the first place, it
+would be too burdensome to the state; that is, the state would act through
+the legislature, and to organize all the individual school districts,
+towns, villages, and cities, would take up too much of the time of the
+legislature. In the second place, the organizing could only be done at
+certain times, namely during the session of the legislature, and in the
+meantime communities would have to wait. In the third place, the records
+of incorporation would be inaccessible in case they were needed for
+reference.
+
+2. _To serve as a medium between the state and the lower organizations._
+The state uses the town, village, and city to value property for purposes
+of taxation and as election districts. But it gets its taxes and its
+election returns through the county. Here again may arise the question,
+why not send the state taxes directly to the capital and make election
+returns directly also? At least two good reasons appear: It would increase
+the work and therefore the number of officials at the capital, and if a
+mistake should be made it could not be so easily discovered and corrected.
+
+3. _To carry on public works beyond the power of the towns individually._
+A desired local improvement may be beyond the power of a town either
+because it is outside of the jurisdiction of the town or because of its
+expense. Thus, a road may be needed between two centers of population,
+villages or cities, which would run through several towns, while the
+jurisdiction of the towns individually extends only to their own borders.
+Or a bridge over a wide stream may be needed, which would be too expensive
+for the town in which it is located. The road and the bridge would better
+be provided by the county.[Footnote: Sometimes state aid is secured. Do
+you think it wise, as a rule, for the state to grant such aid?] And the
+poor can generally be better cared for by the county than by the
+individual towns, for the county can erect and maintain a poor-house.
+
+4. _To secure certain local officers not needed in every town;_ for
+instance, a register of deeds, the coroner, the judge of probate, the
+superintendent of schools (in most states), and the surveyor.
+
+5. _To serve as a territorial basis for the apportionment of members of
+the legislature._ This is, perhaps, merely an incidental gain. But its
+convenience in defining legislative districts is obvious.
+
+6. _To make justice cheap and accessible._ It is well in many ways, as we
+have seen, to have in every town, village, and city, courts of limited
+jurisdiction. But to _establish justice_ in any generous or satisfying
+sense there should be within the reach of every citizen a court competent
+to try _any_ difference between individuals regardless of the amount in
+controversy, and able to punish any crime against the laws of the state.
+To bring such a court within the reach of every one was the original
+reason for the establishment of the county, and remains today the greatest
+advantage derived from its existence.
+
+Establishment.--Counties are established by the state legislature.
+
+In thinly settled parts of a state the counties are much larger than in
+the populous parts. A county should be large enough to make its
+administration economical, and yet small enough to bring its seat of
+justice within easy reach of every one within its boundaries. In the ideal
+county a person living in any part thereof can go to the county seat by
+team, have several hours for business, and return home the same day.
+
+County Board.--The administration of county affairs is in the hands of the
+county commissioners or supervisors. This board is usually constructed on
+one of two plans: Either it consists of three or five members, the county
+being divided into commissioner districts; or else it is constituted of
+the chairmen or other member of each of the several town boards. The
+former plan prevails in Minnesota, Iowa, and other states; the latter in
+Wisconsin, Michigan, most of Illinois, and in other states.
+
+The commissioners have charge of county roads and bridges, county
+buildings and other county property, and the care of the county poor.
+Through the commissioners the county exercises the usual corporate powers.
+
+Recording Officer.--The recording officer of the county is called in some
+states the county auditor, in others the recorder, and in others the
+county clerk. As we would expect, he is secretary of the board of
+commissioners and the custodian of county papers; and all orders upon the
+treasurer are issued by him. The auditor is also bookkeeper for the
+county, that is, he keeps an account of the money received and paid out by
+the county treasurer.
+
+In Minnesota and some other states, he computes all the taxes for the
+county, [Footnote: In some states, among them Wisconsin, this computation
+is performed by the several town clerks, and the moneys are collected by
+the town treasurers.] and makes the tax-lists, showing in books provided
+for the purpose just how much the tax is on each piece of real estate and
+on personal property. These books he turns over to the county treasurer to
+be used in collecting the taxes.
+
+Treasurer.--The county treasurer is, in some states, one of the most
+important officers. He is the great financial agent, collecting all the
+taxes paid by the people for school, town, village, city, county and state
+purposes, except assessments for city sidewalks and street grading. Great
+care must, therefore, be taken to guard the public money. The precautions
+serve as a check upon weak or dishonest officials, while right-minded ones
+welcome them as keeping their good name above suspicion. As a type, the
+precautions taken in Minnesota are given, to-wit:
+
+1. The selection of an honest man for the office, so far as possible, is a
+prime consideration.
+
+2. The treasurer must give a bond for such amount as the county
+commissioners direct.
+
+3. He shall pay out money only upon the order of proper authority.
+[Footnote: Moneys belonging to school district, town, village, or city,
+are paid on the warrant of the county auditor; county money, on the order
+of the county commissioners, signed by the chairman and attested by the
+county auditor; state money, on the draft of the state auditor in favor of
+the state treasurer.] This order signed by the payee is the treasurer's
+receipt or voucher.
+
+4. He shall keep his books so as to show the amount received and paid on
+account of separate and distinct funds or appropriations, which he shall
+exhibit in separate accounts.
+
+5. The books must be balanced at the close of each day.
+
+6. When any money is paid to the county treasurer, excepting that paid on
+taxes charged on duplicate, the treasurer shall give, to the person paying
+the same, duplicate receipts therefor, one of which such persons shall
+forthwith deposit with the county auditor, in order that the county
+treasurer may be charged with the amount thereof.
+
+7. The county auditor, the chairman of the board of county commissioners,
+and the clerk of the district court, acting as an auditing board,
+carefully examine at least three times a year the accounts, books and
+vouchers of the county treasurer, and count the money in the treasury.
+
+8. The state examiner makes a similar examination at least once a year. No
+notice is given in either case.
+
+9. As security against robbers, the money in the possession of the county
+treasurer must be deposited on or before the first of every month in one
+or more banks. The banks are designated by the auditing board, and must
+give bonds for twice the amount to be deposited.
+
+Register of Deeds.--Without hope of reward no one would work. To encourage
+frugality, people must be reasonably secure in the possession of their
+savings. One of the things for which a person strives is a home.
+Therefore, great care is taken to render a person who has bought a home,
+or other landed property, secure in its possession. Among the means
+employed are these: 1. The purchaser is given a written title to the land.
+This is called a _deed_. 2. In order that any person may find out who owns
+the land, thus preventing a person reputed to own it from selling it, or
+the owner from selling to several persons, a _copy_ of the deed is made by
+a competent and responsible public officer in a book which is kept for
+that purpose and which is open to public inspection. This is called
+_registering_ the deed, and the officer is called the register of deeds.
+[Footnote: Incidentally this officer records other instruments, such as
+official bonds, official oaths, etc.] The register may have assistants, if
+necessary, he being responsible for their work.
+
+Judge of Probate.--But not only should a person enjoy the fruit of his
+labors while living, he should also be able to feel that at his death his
+property shall descend to his family or others whom he loves. Many persons
+before they die make a written statement, telling how they wish their
+property disposed of. This written statement is called a will or
+testament. Some who are possessed of property die without making a will.
+They are said to die _intestate_. To see that the provisions of wills, if
+any be made, are complied with, and, in case no will is made, to make sure
+that the property comes into possession of those best entitled to it, is
+the important and wellnigh sacred duty of an officer called the judge of
+probate. If no one is named in the will to look after the education and
+property of minor heirs, the judge of probate may appoint a guardian. The
+appointee must give bonds for the faithful discharge of his duty.
+[Footnote: see chapter VII.] Incidentally it is made the duty of the judge
+of probate to appoint guardians for any persons needing them, such as
+insane persons, spendthrifts, and the like. He seems to be the friend of
+the weak.
+
+County Surveyor.--To survey all public improvements for the county, such
+as roads, lands for public buildings, &c., there is an officer called the
+county surveyor. He is required to preserve his "field notes" in county
+books furnished for the purpose. Individuals frequently call upon him to
+settle disputes about boundary lines between their estates.
+
+Superintendent of Schools.--Not every one is competent to teach, and to
+protect the children as far as possible from having their time worse than
+wasted by incompetent would-be teachers, is the very responsible duty of
+the county superintendent of schools. From among those who present
+themselves as candidates he selects by a careful examination those whom he
+deems most competent, and gives to each a certificate of qualification. He
+visits the schools and counsels with the teachers regarding methods of
+instruction and management. It is his duty also to hold teacher's
+meetings. He reports annually to the state superintendent of public
+instruction such facts as the superintendent calls for.
+
+County Attorney.--Like railroads and other corporations, the county keeps
+a regularly employed attorney to act for it in all suits at law. This
+officer is called the county attorney. He represents the state in all
+criminal prosecutions and is for this reason sometimes called the state's
+attorney.
+
+Sheriff.--An ancient officer of the county is the sheriff. He has three
+principal lines of duty: 1. To preserve the peace within the county. 2. To
+attend court. 3. To serve processes. He pursues criminals and commits them
+to jail. He has charge of the county jail and is responsible for the
+custody of the prisoners confined in it. He opens and closes each session
+of the district court, and during the term has charge of the witnesses,
+the juries, and the prisoners. It is his duty to carry into execution the
+sentence of the court. He serves writs and processes not only for the
+district court, but also for justices of the peace and court
+commissioners.
+
+Coroner.--Another officer of the county, ancient almost as the sheriff, is
+the coroner. If the dead body of a human being is found under
+circumstances which warrant the suspicion that the deceased came to his
+death by violence, it is the coroner's duty to investigate the matter and
+ascertain if possible the cause of the death. He is aided by a jury
+summoned by him for the purpose.
+
+At a time in early English history when the only county officers were the
+sheriff and the coroner, the coroner acted as sheriff when the latter was
+for any reason incapacitated. And the practice still continues. Thus, if
+there is a vacancy in the office of sheriff, the coroner acts till a new
+sheriff is chosen. And in most states the coroner is the only officer who
+can serve process upon the sheriff or who can arrest him.
+
+Clerk of the Court.--The district court [Footnote: See next chapter.] is a
+"court of record." That is, it has a seal and a special officer to record
+its proceedings. He is called the clerk of the court. He of course also
+files and preserves the papers in each case. He has also certain
+incidental duties.
+
+Court Commissioner.--Court is not always in session, and there are certain
+powers possessed by a judge "in chambers," that is, which the judge may
+exercise out of court. For instance, he may grant a writ of attachment or
+of _habeas corpus_. Where a judicial district comprises several counties,
+as is usually the case, a provision is made in some states for an officer
+in each county authorized to perform such duties in the absence of the
+judge. In Minnesota and most other states he is called the court
+commissioner.
+
+Election and Term.--The county officers are in most sections of the
+country elected by the people of the county. The term is usually two
+years.
+
+Removals and Vacancies.--Provision is made for the removal of any county
+officer for non-feasance or malfeasance in office. The power to remove is
+generally vested in the governor. The accused must be given an opportunity
+to be "heard in his own defense." Vacancies are generally filled by the
+county commissioners. They appoint some one, not one of themselves, to
+serve until the next election.
+
+Qualifying.--Each officer before assuming the duties of his office takes
+the official oath. All of the officers except the commissioners and the
+superintendent of schools are required to give bonds. Copies of these
+bonds are preserved by the register of deeds, and the originals are
+forwarded to the secretary of state.
+
+Compensation.--Compensation is usually by salary or by fees. The matter is
+usually in the hands of the county commissioners, except so far as
+concerns their own compensation, which is fixed by law. This is usually a
+_per diem_.
+
+Eligibility.--Any voter who has resided in the county a certain time
+(usually about thirty days) is eligible to any county office, except that
+of attorney or court commissioner. The former must be a person admitted to
+practice in all the courts of the state. The latter must be a man "learned
+in the law."
+
+In some cases a person may hold two offices at the same time; thus, a
+person may be court commissioner and judge of probate. But no person can
+hold two offices one of which is meant to be a check upon the other. For
+instance, no one could be auditor and treasurer at the same time. In some
+states there is a bar against holding certain offices for two terms in
+succession.
+
+
+_Some Pertinent Questions._
+
+What is the difference between a town road and a county road? Point out
+one of each kind. If you wanted a change in a county road, to whom would
+you apply?
+
+Get a warranty deed and fill it out for a supposed sale. Compare with it a
+mortgage deed. A quitclaim deed. Compare a mortgage deed with a chattel
+mortgage. Account for the differences. If A buys a farm from B and does
+not file his deed, who owns the farm?
+
+If a man possessing some property should get into habits of gambling and
+debauchery, squandering his money and not providing for his family, what
+could be done? On what grounds could this interference by a public officer
+be justified?
+
+Who would be keeper of the jail if the sheriff should be a prisoner? Why
+not one of the deputy sheriffs?
+
+Study out carefully the derivation of the words auditor, sheriff, coroner,
+probate, commissioner, supervisor, superintendent.
+
+The county attorney is usually paid a salary while the register of deeds
+usually gets the fees of his office. What seems to govern in the matter?
+Name the salaried officers in this county. The officers who are paid fees.
+
+To whom are school taxes paid? Town taxes? County taxes? State taxes? How
+much of the money paid at this time goes to the United States?
+
+How does the tax collector know how much to take from each person? From
+whom does he get this book?
+
+The amount of a person's tax depends upon the _value_ of his property and
+the rate of tax. How is the former fact ascertained? To whom, then, does
+the assessor report when he has concluded his labors?
+
+The rate of tax depends upon the amount to be raised and the value of the
+property on which it is to be assessed. Who determines how much money
+shall be raised in a district for school purposes during any year? When is
+this determined? Who records the proceedings of the meeting? To whom must
+he report the amount of tax voted? Who determines how much money is to be
+raised in the town for bridges, etc.? When? Who records the proceedings of
+the meeting? To whom must he report the amount of tax voted? Who vote the
+taxes in a village? When? Who reports to the computing officer? Who vote
+the taxes in a city? Why not the people? When? How reported to the
+computing officer? Who determines how much money is to be raised for
+county purposes? When? Who is secretary of the meeting? To whom does he
+report? Who determines how much money shall be raised for state purposes?
+How does the proper officer become acquainted with the facts necessary to
+the raising of the money?
+
+State the gist of the matter brought out by the questions in the last four
+paragraphs.
+
+How does the school district treasurer get the school district money?
+
+Trace a dollar from the time it leaves a farmer's hand as taxes till it
+reaches the teacher as salary.
+
+If you had a bill against the county how would you get your pay? What
+could you do if pay were refused? Make out in due form a bill against your
+county.
+
+
+
+
+CHAPTER VII.
+
+ESTABLISHING JUSTICE IN THE COUNTY.
+
+
+Classes of Cases.--There are three general classes of judicial business
+carried on in the county: probate business, civil actions, and criminal
+prosecutions.
+
+
+PROBATE COURTS.
+
+Jurisdiction.--The principal business and characteristic work of probate
+courts is the settlement of the estates of deceased persons. Jurisdiction
+extends in most states over both personal property and real estate.
+Incidentally probate courts appoint guardians for minors and others
+subject to guardianship, and control the conduct and settle the accounts
+of such appointees.
+
+In many states jurisdiction wholly extraneous to the characteristic work
+of these courts is imposed upon them, or the probate business is
+associated with other jurisdiction in the same court. Thus, in Minnesota
+the judge of probate is petitioned in the organization of cities, as we
+have seen. In Wisconsin, the county court, which has charge of the probate
+business, has civil jurisdiction also. In Illinois, the county court in
+addition to the probate business has jurisdiction "in proceedings for the
+collection of taxes and assessments." And in Kansas, the probate court has
+jurisdiction in cases of _habeas corpus_.
+
+Procedure in case a Will has been made.--The proceedings of a probate
+court have in view two chief objects, namely, to pay the debts of the
+deceased and to distribute the remainder of his property among those
+entitled to it. In case the deceased has left a will, the proceedings are
+as follows:
+
+1. _Petition for probate._ Within a short time, usually thirty days, after
+the death of the testator, the executor or other custodian of the will
+presents it to the probate court with a petition that it be admitted to
+probate. (For form of petition, see p. 286.)
+
+2. _Citation to persons interested._ Acting on the petition, the probate
+judge publishes in a newspaper a notice to all persons interested in the
+estate that at a specified time, action will be taken on the petition. To
+afford all who are interested an opportunity to be present at the
+"hearing," the notice must be published for a prescribed time, and in some
+states each of the heirs must, if possible, be personally notified.
+
+3. _Hearing the proofs._ At the time specified in the notice, unless
+postponement be granted for cause, the proofs of the validity of the will
+are presented. It must be shown that the testator is dead, that the
+instrument was executed by him voluntarily, in the manner prescribed by
+statute, and while he was of "sound mind and disposing memory." Usually it
+will be sufficient for the two witnesses to the instrument to appear and
+testify to the material facts. If any one interested in the distribution
+of the property thinks that this will should not be accepted as the "last
+will and testament" of the deceased, he should now enter objections. In
+case of a contest, the proceedings are about the same as those in a
+justice or circuit court; but there is no jury in the probate court, nor
+is there any plea except the petition.
+
+4. _Admission to probate._ If the proofs are satisfactory to the court,
+the will is "admitted to probate," that is, it is accepted as true and
+valid. Its validity is established by a decree of the court, and a
+certificate of the fact is attached to the will. A copy of the will is
+made in a book kept for the purpose. The original and all the papers in
+the case are filed and preserved by the judge of probate. (See pp. 287 and
+288.)
+
+5. _Issuance of letters testamentary_. The genuineness of the will being
+established, it is now in order to carry out its provisions. Usually the
+testator designates in his will the person or persons whom he wishes to
+act as his representative in the settlement of the estate. Such a person
+is called an "executor." If no person is so named, the court appoints an
+"administrator with the will annexed." In either case the person derives
+his authority from the court. Unless excused in the will, the executor or
+administrator is required to give bonds proportioned to the amount of the
+personal property in the estate, the amount of bond being specified by the
+court. The executor is then furnished with a copy of the will and with
+"letters testamentary." (The authority granted by the letters may be seen
+by reference to the form in the appendix, p. 288.)
+
+6. _Notice to creditors_. It is a principle of law that all just debts
+shall be paid out of one's property before any further disposition thereof
+can take effect. In order that all persons having claims against the
+estate of the deceased may have an opportunity to present their accounts,
+a time for such presentation is designated by the court, and due notice
+thereof is given, usually by publication in a newspaper.
+
+7. _Inventory of the estate_. In the meantime, the executor makes an
+inventory of the property, and appraisers appointed for the purpose "put a
+value" thereon, the several items of the inventory being valued
+separately.
+
+8. _Auditing claims._ At the time appointed in the notice, the court
+passes upon the claims of creditors. Since unscrupulous persons are at
+such times tempted to present fraudulent claims, the judge exercises great
+care in examining the accounts. To facilitate matters it is required that
+accounts be itemized, and that they be verified by oath.
+
+Debts are paid out of the personal property, if there be enough. If not,
+the court authorizes the executor to sell real estate to pay the balance.
+
+9. _Settlement of estate and division of property._ The executor having
+collected debts due the estate and settled all claims against it, makes
+his final statement to the court, and the remaining property is
+distributed among the heirs and legatees. To continue and perfect the
+chain of title, the division of the real estate is recorded in the office
+of the register of deeds.
+
+If there are minor heirs, the court appoints guardians for them.
+
+Procedure in case no Will is made.--If there is no will, the four steps
+which have in view the establishment of the validity of the will, are
+unnecessary. The initial step in this case is the appointment of an
+administrator to do the work which under a will is done by the executor.
+In order that an administrator acceptable to the heirs may be appointed,
+the following steps are taken:
+
+1. Someone interested in the estate petitions for the appointment of a
+certain person as administrator.
+
+2. Notice of hearing is given by publication, citing those interested in
+the estate to appear at a certain day if they desire to enter any
+objection to the appointment.
+
+3. If at the time specified for the hearing no objection is made, the
+person petitioned for is appointed administrator, and "letters of
+administration" are issued to him.
+
+Then beginning with the sixth step the proceedings are substantially the
+same as in case of a will, except that the basis of distribution in the
+ninth is the _law_ instead of the _will_.
+
+"As befits an authority which thus pervades the sanctity of a household,
+crosses the threshold and exposes to public view the chamber of mourning,
+probate jurisdiction in the United States is exercised with great
+simplicity of form as well as decorum." [Footnote: Schouler's Executors
+and Administrators.]
+
+
+_Some Pertinent Questions._
+
+What is a will? [Footnote: See Dole's Talks about Law.] Why must it be in
+writing? Must it be in the handwriting of the testator? Why are the
+witnesses essential? Is the form of a will essential? Is it necessary that
+the witnesses know the contents of the will?
+
+What is the difference between an heir and a legatee? May either be
+witness to the will? Why? If the witnesses die before the testator, how
+can the will be proved?
+
+What is a codicil? If there be two wills of different dates, which will
+stand? What difference does it make whether a person having property makes
+a will or not?
+
+Group the proceedings in case of a will into three groups.
+
+A minor may have two guardians, one of its person and the other of its
+property? Why? What is to hinder a guardian from abusing his trust?
+
+
+DISTRICT, CIRCUIT OR SUPERIOR COURTS.
+
+Jurisdiction.--This court has original jurisdiction in all civil and
+criminal cases within the district which do not come within the
+jurisdiction of the justice courts. It has appellate jurisdiction from
+probate and justice courts as provided by law.
+
+Procedure.--The proceedings are substantially the same as in a justice
+court except that in criminal cases they are based upon an indictment by
+the grand jury, and after the arguments the judge "charges" the jury, that
+is, instructs it regarding its duty.
+
+Pleadings.--The pleadings in the district court are somewhat more
+elaborate than in a justice court, and a few words in regard to them
+further than what has already been given may not be out of place here.
+
+The defendant in making his plea may raise a question as to the
+jurisdiction of the court, or he may ask that the case be thrown out of
+court on account of some irregularity of the writ upon which it is based.
+Since these pleas, if successful, simply delay the trial, because a new
+suit may afterwards be brought, they are called _dilatory pleas_.
+
+But he may deny the plaintiff's ground of action by denying the
+allegations of the plaintiff and challenging him to trial. This plea is
+called the general issue. He may admit the plaintiff's allegations but
+plead other facts "to avoid their effect." This is called the plea of
+confession and avoidance. These pleas are on the merits of the case, and
+are called _pleas in bar_. There are other pleas of this kind.
+
+"Pleas in bar, except the general issue, may give rise to counter pleas"
+introduced by the parties alternately.
+
+But the issue may be one of law instead of fact, and the defendant may
+enter a _demurrer_, claiming that the matters alleged are not sufficient
+in law to sustain the action.
+
+Evidence.--Some of the fundamental principles or rules which govern the
+taking of evidence and the weighing of testimony may properly appear here.
+These rules are designed to exclude all irrelevant matter and to secure
+the best proof that can be had.
+
+1. _Witnesses must be competent_. That is, in general, they must be able
+to understand the nature and solemnity of an oath. This will usually
+exclude children below a certain age, insane persons and persons drunk at
+the time of offering testimony.
+
+2. _Witnesses must testify of their own knowledge_. Usually they are
+barred from telling what they simply believe to be the fact or what they
+have learned from hearsay.
+
+3. _Evidence must go to prove the material allegations of the pleadings_.
+It must be confined to the question at issue. It is to be observed that
+the evidence must not only go to prove the matter alleged, but it must be
+the _material_ not the superfluous matter. What is material and what
+superfluous will depend upon the case. Thus if it is alleged that a suit
+of clothes was obtained by the defendant at a certain time, his obtaining
+the clothes is the material fact and the time may be superfluous or
+immaterial. But if a note is in controversy its date is material as
+establishing its identity.
+
+4. _"The evidence must be the best of which the case is susceptible."_
+Thus, in case of a written instrument the best evidence is the instrument
+itself; the next best, a copy of it; the next, oral statement of its
+contents. And a copy will not be accepted if the original can be produced.
+
+5. _The burden of proof lies on the affirmative_. In civil cases the party
+affirming is usually the plaintiff. In criminal cases it is the state.
+Harmonizing with this principle is the constitutional provision that in
+criminal cases the accused shall not be required to give evidence against
+himself.
+
+These are the principal rules of evidence, but they have many
+applications. Learned volumes have been written elaborating them.
+
+Grand Jury.--A grand jury may be defined as a body of men returned at
+stated periods from the citizens of the county, before a court of
+competent jurisdiction, chosen by lot, and sworn to inquire of public
+offenses committed or triable in the county.
+
+The number of grand jurors was formerly twenty-three. By statute many of
+the states have fixed upon a smaller number, Oregon having only seven. A
+common number is fifteen. Some states have no grand jury. In some others
+the grand jury is summoned only when requested by the court.
+
+The United States constitution and most of the State constitutions declare
+that no person shall be held to answer for a criminal offense, except a
+minor one, "unless on the presentment or indictment of a grand jury." This
+is to save people from the vexation and expense of arrest and trial unless
+there is reasonable presumption of their guilt. On the other hand, a grand
+jury should aid in bringing to justice persons who indulge in practices
+subversive of public peace, but which individuals are disinclined to
+prosecute, such as gambling. Incidentally the grand jury examines into the
+condition of the county jail and poor-house.
+
+The mode of selecting grand jurors is in general the same in all the
+states. The steps are three: first, the careful preparation of a list of
+persons in the county qualified to serve; second, the selection, by lot,
+from this list of the number of persons needed; third, the summoning of
+the persons so chosen. The number of persons in the first list is from two
+to three times the number of jurors. The preparation of the list is in
+some states entrusted to the county board; in others, to jury
+commissioners; in others, to the local boards. The names are reported to
+the clerk of the court, who in the presence of witnesses, makes the
+selection by lot. The summoning is done by the sheriff.
+
+On the first day of the term, the court appoints one of the jurors
+foreman. The jury is then sworn, and, after being charged by the court,
+retires to a private room and proceeds to the performance of its duty.
+
+The deliberations of the grand jury are conducted in secret. It may,
+however, summon and examine witnesses, [Footnote: Witnesses for the
+accused are not usually examined by the grand jury.] and may have the
+advice of the court or of the county attorney.
+
+The fact that a crime has been committed within the county may be brought
+to the notice of the grand jury by any member thereof or by any other
+person. If upon examination there seems to be reason for believing that it
+was committed by the person accused, the county attorney is called upon to
+frame a formal accusation against him, called an _indictment_, which is
+endorsed with the words "a true bill," and sent to the court. Upon the
+indictment the person accused is arrested and tried.
+
+If the evidence against the accused is insufficient to warrant indictment,
+but yet his innocence is questionable, the grand jury may bring a
+_presentment_ against him. This is an informal statement in writing
+addressed to the court setting forth the offense and stating that there is
+a reasonable probability that a certain person, named, has committed it. A
+person arrested on a presentment is examined before a justice of the peace
+or other magistrate, as if arrested on a complaint. Neither an indictment
+nor a presentment can issue except upon concurrence of the number of grand
+jurors specified by statute. Under former practice the jury numbered
+twenty-three and the concurrence of twelve was necessary.
+
+The grand jury is bound to investigate the charge against any one held by
+a justice "to await the action of the grand jury;" also any charge brought
+by a member of the grand jury. And conversely it is the sworn duty of each
+member to report any crime known by him to have been committed within the
+county. Any outsider may file information or bring charges, but the grand
+jury may use its own judgment as to the necessity of investigating them.
+
+Petit Jury.--A petit jury is a body of twelve men impaneled and sworn in a
+district court to try and determine by a true and unanimous verdict, any
+question or issue of fact, in any civil or criminal action or proceeding,
+according to law and the evidence as given them in court.
+
+The mode of selecting petit jurors is in general the same as that pursued
+in selecting grand jurors. The "list of persons qualified to serve" is,
+however, usually larger. The "selection by lot" is made thus: slips of
+paper, each containing one of the names, are folded and deposited in a
+box. The box is shaken, and the prescribed number of slips is drawn. The
+persons whose names thus appear are summoned as jurors.
+
+When an action is called for trial by jury, the clerk draws from the jury
+box the ballots containing the names of the jurors, "until the jury is
+completed or the ballots exhausted." If necessary, the sheriff under
+direction of the court summons bystanders or others in the county to
+complete the jury. Such persons are called _talesmen_.
+
+To secure an impartial jury, each party may object to or "challenge," a
+number of the jurors. The challenge may be "peremptory" or "for cause."
+The peremptory challenge, as its name implies, is one in which no reason
+need be assigned. The number of such challenges must, of course, be
+limited. In civil suits it is usually limited to three by each party. In
+criminal cases, the state has usually two peremptory challenges and the
+defendant five. If the offense is punishable with death or state prison
+for life, the state has in Minnesota seven peremptory challenges and the
+defendant twenty.
+
+Challenges for cause may be either general or particular. A general
+challenge of a proposed juror may be made on the basis of his incompetency
+or unworthiness to act in such capacity in _any_ action. A particular
+challenge may be based on some bias in this particular case which would
+unfit the proposed juror for rendering an impartial verdict.
+
+Habeas Corpus.--Not connected directly with trials but related to the
+district court is the writ of _habeas corpus_. This is the most famous
+writ in law, and has been styled "the chief bulwark of liberty." It was
+designed originally to secure a person from being detained in prison
+without due process of law, and it served as a mighty check upon arbitrary
+power. Its operation has been extended so as to include any detention
+against the will of the person detained. The writ, as will be seen by
+reference to the appendix (p. 290), commands the person holding another in
+custody to bring him before the judge and show cause for the detention. If
+the judge finds that the prisoner is detained for cause he remands him to
+custody; if not he orders his discharge.
+
+Concluding Remarks.--This discussion might easily be continued. Volumes
+have been written on the administration of justice. But perhaps enough has
+been given to show that great care is taken to protect the interests of
+the innocent and to do equal and exact justice to all. In view of flippant
+remarks sometimes made regarding courts of justice, it is pertinent and
+proper to go at least so far into detail. The study of Civil Government
+will have been pursued to little purpose if respect for law be not one of
+its fruits.
+
+
+_Some Pertinent Questions_
+
+How many judicial districts in this state? [Footnote: Consult Legislative
+Manual.] How many counties in the largest? In the smallest? How many have
+more than one judge? Why not let each county constitute a judicial
+district?
+
+If some one owed you $40 and refused to pay, in what court could you sue?
+If he owed you $250? If the suit involved $1,000,000?
+
+What is the relation of the plea to the action? Can anything be proved
+which is not alleged in the plea? Show the purpose of each rule of
+pleading. Of each rule of evidence.
+
+What are the differences between a grand jury and a petit jury? Why is
+each so named?
+
+If a person accused of crime is examined and held by a justice of the
+peace, as stated in a previous chapter, must he be indicted by a grand
+jury before he can be tried? Why? May a person's acts be inquired into by
+the grand jury without his knowing anything about it? May grand jurors
+reveal the proceedings of the jury? Why?
+
+Why is there such a thing as a peremptory challenge of a juror? Why so
+many given to a person accused of crime?
+
+Are lawyers officers of the court? What oath does each take on admission
+to the bar?
+
+
+_Questions for Debate_
+
+Resolved, That trial by jury has outlived its usefulness.
+
+Resolved, That capital punishment is not justifiable.
+
+_References_.--Dole's Talks about Law; Lieber's Civil Liberty and Self
+Government, 234-6; The Century, November 1882; Atlantic Monthly, July 1881;
+North American Review, March 1882 and July 1884.
+
+[Illustration: Papers--Prepare with care the "tabular views" of the town,
+village, city and county, as follows]
+
+
+CHAPTER VIII.
+
+HISTORICAL.
+
+
+Old England.--Not only our language but also very many of our political
+institutions we have inherited from England. But the country now called by
+that name is not the real _old_ England. The fatherland of the English
+race is the isthmus in the northern part of Germany which we now call
+Schleswig. Here dwelt the old Angles or English. To the north of them in
+Jutland was the tribe called the Jutes, and to the south of them, in what
+we now call Holstein and Friesland, dwelt the Saxons. "How close was the
+union of these tribes was shown by their use of a common name, while the
+choice of this name points out the tribe which at the moment when we first
+meet them, in the fifth century, must have been the most powerful in the
+confederacy." [Footnote: Green's History of the English People.] Among
+themselves they bore in common the name of Englishmen.
+
+Among the characteristics of those German ancestors of ours are the
+following: They were very independent; the free landholder was "the
+free-necked man." The ties of kinship were very strong. "Each kinsman was
+his kinsman's keeper, bound to protect him from wrong, to hinder him from
+wrong-doing, and to suffer with and pay for him if wrong were done."
+[Footnote: Green's History of the English People.] They were very much
+attached to home. "Land with the German race seems everywhere to have been
+the accompaniment of full freedom.... The landless man ceased for all
+practical purposes to be free, though he was no man's slave." [Footnote:
+Green's History of the English People.] Among themselves they were quite
+social. Though tillers of the soil they lived, not isolated, but grouped
+together in small villages. This may have been partly for mutual
+protection. They were lovers of law and order.
+
+The Township.[Footnote: See American Political Ideas, pp. 31-63.]--The
+derivation of the word "township" shows us to whom we are indebted for the
+institution itself. The word is derived from the Anglo-Saxon _tun-scipe_.
+_Tun_ meant hedge, ditch or defense; and _scipe_, which we have also in
+landscape, meant _what may be seen_. Around the village before mentioned
+was the _tun_, and beyond were the fields and meadows and woodlands, the
+whole forming the tun scipe or township.
+
+To administer justice and to take any other action for the common good,
+the freemen gathered in _folk-moot_ around the moot hill or the sacred
+tree.
+
+Though the proceedings of these assemblies differed in detail from those
+of our town meetings, both contain the great principle of local self
+government.
+
+The County.[Footnote: See American Political Ideas, pp. 31-63.]--Although
+with us the state is divided into counties and the counties into towns,
+the order of formation was originally the other way. The towns are the
+oldest institutions in our system. Later, from uniting forces in war came
+a union of action among adjoining towns during peace. Thus grew up what
+was called the Hundred.
+
+When in the fifth century the English invaded Britain, many of the
+chieftains or military leaders rose to kingship over small areas. On the
+completion of the conquest these kings struggled among themselves for
+leadership, until finally England became united into one kingdom, and the
+little kingdoms were reduced to shires ruled by earls. With the growth of
+the king's power, that of the underkings or earls grew less. Then other
+shires were formed, and this institution became simply an administrative
+division. After the Norman conquest the French terms count and county came
+into use.
+
+The earnest student will find both pleasure and profit in looking up the
+origin and history of the trial by jury, the criminal warrant, the writ of
+habeas corpus, bail, common law, the general rules of parliamentary
+practice, etc.
+
+Town and County in America.--In New England the most important division of
+the state is the town; in the South it is the county.[Footnote: An
+excellent discussion of this may be found in "Samuel Adams, the Man of the
+Town Meeting," John's Hopkins University Studies in History, Volume II,
+Number 4.] In other states the relative importance of the two
+organizations depends upon the influence to which the state was most
+strongly subjected.
+
+The reason for the difference is found in the character and circumstances
+of the early colonists.
+
+In New England, the church was the center of the community. The severity
+of the climate and the character of the soil made it impracticable to
+cultivate large farms. The colonists had come mainly from the towns of
+England. These considerations and the presence of fierce and unfriendly
+Indians caused the settlers to group themselves into compact settlements.
+Their self assertion prompted them, and their intelligence enabled them,
+to take active part in public affairs. Hence the importance of the town in
+New England.
+
+In the South, the colonies were planted largely in the interests of the
+proprietaries. The leading spirits had been county gentlemen in England
+and they naturally favored the county system. The mass of the people were
+unaccustomed and indifferent to direct participation in the government.
+Again, the warm climate and fertile lands were favorable to large
+plantations and a dispersed population; so that the character of the
+people and the circumstances under which they lived were alike favorable
+to the establishment of the county system pure and simple. To quote the
+pithy statement of Professor Macy, "The southern county was a modified
+English shire, with the towns left out. Local government in New England
+was made up of English towns with the shire left out."
+
+Subsequently counties were formed in New England for judicial purposes,
+but the towns retained the greater number of their functions; and in the
+south, the counties were afterwards subdivided into election and police
+districts, but the administrative power remained with the county.
+
+The Middle States divided the local power between the town and the county.
+
+Migration is chiefly along the parallels of latitude. And people from
+habit and instinct organize new governments largely on the plans to which
+they are accustomed. Hence we are not surprised to find that in the states
+formed south of the line of the Ohio, the county is the principal division;
+while in the northwestern states the town is the important factor. Though
+in the Northwest the county is more important than in New England, the
+influence of the towns in county affairs is generally maintained by the
+selection of members of the county board from the several towns.
+
+Illinois is a good example of the truth of the generalizations at the
+beginning of the preceding paragraph. The state is very long and reaches
+far to the south. The southern part of the state was settled first, and
+almost pure county government prevailed. By and by the northern part began
+to settle, and it grew in population faster than the southern part. The
+town was introduced, and now prevails in all but a few counties.
+
+Can you see the relation of these facts to the generalization? Can you
+tell where the people of the two sections of the state came from?
+
+
+
+
+PART II.
+
+THE STATE.
+
+
+
+
+CHAPTER IX.
+
+WHY WE HAVE STATES.
+
+
+1. _Historical reason_. We have states now because we had such
+organizations at the time this government was established. The colonies,
+founded at different times, under different auspices, by people differing
+in religion, politics, and material interests, remained largely
+independent of each other during colonial times, and on separating from
+England became independent _states_.
+
+2. _Geographical reason_. Different climatic and topographic conditions
+give rise to different industries, and therefore necessitate different
+regulations or laws.
+
+3. _Theoretical reason_. The theory of our government is that of
+_decentralization of power_.[Footnote: There being a constant tendency to
+centralization, this thought should be emphasized. See Nordhoff's Politics
+for Young Americans. (71)] That is, we think it best to keep power as near
+as possible to the people. If a certain work can be accomplished fairly by
+individual enterprise, we prefer that it be done so rather than through
+any governmental agency. If work can be done by the town just as well as
+by the county, we assign it to the town. And as between the state and the
+general government, we assign no duty to the latter which can be performed
+as well by the former.
+
+4. _Practical reasons_. There are many practical reasons. Among them may
+be mentioned the following:
+
+We need the state as a basis for the apportionment of members of congress.
+This is a federal republic, and representation in the national councils
+can be had only through statehood.
+
+We need the state to establish a system of education, to control
+corporations, to put down riots when the local authorities cannot do so,
+to establish the smaller organizations, etc. These are some of the things
+referred to in paragraph three, which the state can do better than the
+general government.
+
+There is in the state also a high court of justice to which cases may be
+appealed from the courts below.
+
+
+HOW STATES ARE CREATED.
+
+The "old thirteen" originated in revolution. They _declared_ themselves
+"free and independent states," and maintained the declaration by force of
+arms. Each became a state "in the Union" by ratifying the constitution.
+Under the constitution states have been admitted into the Union on terms
+prescribed by congress. The plan in general is as follows:
+
+1. When the number of people in a territory equals or nearly equals the
+number required to secure a representative in congress, the inhabitants
+thereof may petition congress, through their delegate, for an act
+authorizing the formation of a state government.
+
+2. If the petition is granted, an "enabling act" is passed. This usually
+defines the territory to be comprised in the new state, provides for the
+calling of a constitutional convention, requires that the state government
+to be framed shall be republican in form, states the number of
+representatives in congress which the state shall have until the next
+census, and offers a number of propositions for acceptance or rejection by
+the convention. Among these are proposals giving land for the support of
+common schools and of a university, and for the erection of public
+buildings; and offering a portion of the net proceeds of the sale of
+public lands within the state for internal improvements. These offers are
+conditioned upon non-interference on the part of the state with the
+holding and selling by the United States of the lands within the state
+owned by the general government, and their exemption from taxation. The
+enabling act for Minnesota is given in the appendix, pp. 355-8. It is in a
+large measure typical. Students in most of the states can find the
+enabling act for their state in the legislative manual thereof.
+
+Michigan, Kansas and Oregon formed their constitutions without an enabling
+act.
+
+3. The constitutional convention provided for in the enabling act, having
+ascertained that it is the wish of the people to form a state, frames a
+constitution and submits it to the people of the proposed state for
+adoption.
+
+4. If it is adopted, [Footnote: Wisconsin rejected the constitution of
+1846, and New York that of 1867.] copies of the constitution are sent to
+the president and to each house of congress.
+
+5. If the constitution framed is in accordance with our institutions, it
+is accepted and the state is admitted. [Footnote: The acts of congress of
+1866 and 1867, admitting Colorado, were both vetoed by president Andrew
+Johnson.]
+
+Kentucky, West Virginia, Maine, California and Texas became states in the
+Union without having been territories. The first two were detached from
+Virginia, and the third from Massachusetts, and admitted at once as
+states. California and Texas had been independent states before admission.
+
+As typical of the mode of restoring the southern states to their old place
+in the Union, the act restoring Tennessee is given on page 358.
+
+
+
+
+CHAPTER X.
+
+STATE CONSTITUTIONS.
+
+
+Their purpose.--A constitution in the American sense of the term is a
+written instrument defining the powers of government and distributing
+those powers among the branches or departments thereof. It is the
+fundamental law, the voice of the people granting or withholding power. A
+primary purpose of the instrument is to give form and authority to the
+government; another is to protect individuals and minorities from the
+tyranny of the majority. Each of the states has a constitution.
+
+Their origin.--In most of the countries of Europe, including England, what
+is called the constitution is not written. It consists largely of the
+maxims of experience, the principles sanctioned by custom. When a new
+political custom becomes prevalent it gradually becomes recognized as part
+of the constitution.
+
+Written constitutions in this country probably arose from the fact that
+the charters granted to the colonies and securing to them privileges, were
+in writing. And these written charters themselves grew out of a practice
+prevalent in England of securing the rights of towns and cities by written
+charters wrung from the king. Some general charters of liberties, too, had
+been secured. Among these may be mentioned the charter granted by Henry I.
+in 1100; the Magna Charta, or great charter, wrung from King John in 1215;
+and the Petition of Right, the Habeas Corpus Act, and the Bill of Rights,
+secured in the seventeenth century.
+
+Some of the charters granted to colonies were so liberal in their terms
+that they were adopted as constitutions when the colonies became states.
+The charter of Connecticut remained its constitution till 1818. And even
+in 1842 it was with difficulty that the people of Rhode Island could be
+prevailed upon to give up the old charter for a new constitution.
+
+Their Contents.--The state constitutions are very much alike in their
+general characteristics. After a preamble, setting forth the purpose of
+the instrument, they usually contain a bill of rights, intended to secure
+personal liberty and other personal rights. They then distribute the
+powers of government among three branches or departments, and provide for
+the organization and general procedure of each. Then follow miscellaneous
+provisions, relating to franchise, education, amendments, etc.
+
+Their usual defects.--We have flourished so wonderfully under our system
+of government that we naturally have a great reverence for our national
+and state constitutions. So far has this feeling gone that a large number
+of people seem to fancy that there is some magic in the very word
+constitution. As a consequence state constitutions are usually too long;
+they contain too many miscellaneous provisions. Most of these relate to
+transient or petty matters which, if made affairs for public action at
+all, should be left to legislation. Changes in the constitution weaken our
+respect for it. Rarely should anything go into that great charter which
+has not stood the test of time, unless it has the promise of endurance as
+a necessary safeguard of the rights and liberties of the people.
+
+
+BILLS OF RIGHTS.
+
+These usually assert or guarantee the following:
+
+Republican Principles.--That governments are instituted by the people and
+for their benefit; that all persons are equal before the law; that no
+title of nobility shall be granted.
+
+Freedom of Conscience.--That there shall be perfect religious freedom,
+not, however, covering immoral practices; that there shall be no
+established or state church; that no religious test shall be required for
+the performance of any public function.
+
+Freedom of Speech.--That any one may freely think, and publish his
+opinions, on any subject, being responsible for the abuse of this right.
+
+Freedom of Assembly.--That the people may peaceably assemble to discuss
+matters of public interest and to petition the government for redress of
+grievances. This, of course, does not permit meetings designed to arrange
+for the commission of crime.
+
+Freedom of Person.--That there shall be no slavery; nor imprisonment for
+debt, except in cases of fraud; nor unwarranted searches or seizures of
+persons or property; that no general warrants shall be issued; that the
+writ of _habeas corpus_ shall not be suspended, except in certain
+emergencies; that persons may freely move from place to place.
+
+Security of Property.--That private property shall not be taken for public
+use without just compensation therefor, previously paid or secured; that
+to prevent feudal tenure of land, long leases of agricultural land shall
+not be made, in most states the longest permitted term being twenty-one
+years.
+
+Right to bear Arms.--That the right of the people to keep and bear arms
+shall not be infringed.
+
+Freedom from Military Tyranny.--That the military shall be in strict
+subordination to the civil power; that there shall be no standing army in
+time of peace; nor shall any soldier in time of peace be quartered in
+private houses without the consent of the owner.
+
+Forbidden Laws.--That no _ex post facto_ law, no law impairing the
+obligation of contracts, nor any bill of attainder shall be passed; that
+there shall be no special laws in certain specified cases.
+
+Rights of Accused Persons.--(a) _Before trial_. That no unwarranted
+searches or seizures shall be made; that, except in capital offenses, the
+accused shall, while awaiting trial, be bailable; that, except in minor
+cases, a person shall not be held to answer for a criminal offense unless
+on the presentment or indictment of a grand jury. (b) _On trial_. That the
+accused person shall have a speedy and public trial in the district where
+the crime was committed; that trial by jury shall remain inviolable; that
+the accused shall be informed of the nature of the charge against him;
+that he shall be confronted with the witnesses against him; that he may be
+heard in his own defense and shall have the benefit of counsel in his
+behalf; that he shall not be required to witness against himself; that he
+shall have compulsory process to compel the attendance of witnesses in his
+behalf; that he shall not be deprived of life, liberty or property without
+due process of law. (c) _After trial_. That no cruel or unusual punishment
+shall be inflicted; that no one shall twice be placed in jeopardy for the
+same offense.
+
+Rights not enumerated.--There is usually a final statement that the
+enumeration of the above rights shall not be construed to deny or impair
+others inherent in the people.
+
+
+COMMENTS ON THE ABOVE.
+
+The rights above enumerated are among those which to us in America to-day
+seem almost matters of course. It seems strange that any one ever
+seriously questioned the fairness or the justice of the claims there set
+forth. But in enumerating them we are treading on sacred ground. Their
+establishment cost our ancestors hundreds of years of struggle against
+arbitrary power, in which they gave freely of their blood and treasure.
+
+Many of these rights are guaranteed in the constitution of the United
+States, but only as against the general government. That they may not be
+invaded by the state government, the people have reserved them in the
+state constitutions.
+
+
+_Pertinent Questions_.
+
+In what sense are all men created equal? Is there anything in good blood?
+What was meant by the "divine right" of kings to rule?
+
+Could a Mormon practice polygamy in this state, it being part of his
+religious creed? Why? Can an atheist give evidence in court?
+
+What constitutes libel? Slander?
+
+On what basis may a mob be dispersed? What cases of petition have you
+known?
+
+What is a general warrant? A passport? Why may _habeas corpus_ be
+suspended in time of war.
+
+Give instances of private property taken for public use. What is meant by
+feudal tenure? How long a lease of agricultural lands may be given in this
+state? How about business property in a city?
+
+May a person lawfully carry a revolver in his pocket? Why?
+
+What is meant by the military being subordinate to the civil power? Which
+outranks, the secretary of war or the general of the army? Why should the
+statement be made about quartering soldiers, in view of the preceding
+statement?
+
+What is meant by an _ex post facto_ law? Why forbidden? May a law be
+passed legalizing an act which was performed as a matter of necessity but
+without authority?
+
+What is to hinder an enemy of yours from having you arrested and cast into
+prison and kept there a long time? What is the purpose of bail? Why
+regarded as an important element of liberty? Why should a grand jury have
+to indict a person who has been examined and held for trial by a justice
+of the peace? Does a prisoner charged with murder or other high crime
+remain in handcuffs during his trial? Name the three or four most
+important guarantees to an accused person. Why are so many provisions made
+in his behalf?
+
+If a ruler should wish to subvert the liberties of a people used to these
+guarantees, where would he begin?
+
+What are some of the advantages possessed by a written constitution over
+an unwritten one? Of an unwritten over a written one? Is any part of our
+constitution unwritten?
+
+
+
+
+CHAPTER XI.
+
+BRANCHES OF GOVERNMENT.
+
+
+Regulations and Laws.--When the school officers, acting for the people of
+the district, state formally what may and what may not be done by teachers
+and pupils, the formal expressions of governing will are called rules and
+regulations. Similar expressions by the town, village, city, or county
+authorities are called ordinances or by-laws. But when the state expresses
+its will through the regular channels, the formal expression is called a
+law.
+
+The Three Branches of Government.--After a law is made it needs to be
+carried into effect. Incidentally questions will come up as to its meaning
+and application. Government, then, has three great functions or powers
+with regard to law.
+
+In our government, and to a greater or less extent in all free countries,
+these powers are vested in three _distinct_ sets of persons. If one person
+or group of persons could make the laws, interpret them, and enforce
+obedience to them as interpreted, the power of such person or persons
+would be unlimited, and unlimited power begets tyranny. One of the
+purposes of a constitution is to limit the power of the government within
+its proper sphere, and to prevent misuse of authority; and this
+organization of the government in three departments, each acting
+independently so far as may be, and acting as a check upon the others, is
+one of the modes of limitation.
+
+The law-making, the law-interpreting, and the law-enforcing branches are
+called respectively the legislative, the judicial, and the executive
+branches.
+
+
+
+
+CHAPTER XII.
+
+THE LEGISLATIVE BRANCH.
+
+
+Bicameral.--The legislature of every state consists of two chambers or
+houses. The _reason_ for this is that during colonial times most of the
+legislatures consisted of two houses, the governor's council and the
+representative assembly. Then on becoming states, each of the "old
+thirteen," except Pennsylvania, organized bicameral legislatures. And the
+new states, being largely settled by people from the older states,
+naturally followed their example. The structure of congress has also had
+much influence.
+
+The _advantages_ to be derived from having two houses are numerous.
+Perhaps the only one which it is necessary to mention here is that it
+tends to prevent hasty legislation, because under this arrangement a bill
+must be considered at least twice before passage.
+
+Apportionment.--As the population of a state is changeful, the
+constitution does not usually specify the number of members to compose
+each house. This is determined, within certain limitations imposed in the
+constitution, by the legislature itself. A re-apportionment is usually
+made every five years, after a census by the state or general government.
+The number of senators usually ranges between thirty and fifty; that of
+representatives from seventy-five to one hundred and fifty.
+
+Meeting.--The legislature meets biennially in most of the states. People
+are beginning to understand that they may suffer from an excess of
+legislation. Some of the English kings used to try to run the government
+without parliament, and frequent sessions of parliament were then demanded
+as a protection to popular rights. Hence our forefathers instinctively
+favored frequent sessions of the legislature. But such necessity no longer
+exists, and for many reasons the states have with a few exceptions changed
+from annual to biennial sessions. [Footnote: Extra sessions may be called
+by the governor. Mississippi has its regular sessions for general
+legislation once in four years, and special sessions midway between.]
+
+Election.--Senators and representatives are both elected by the people. In
+some cases the states are divided into senatorial and representative
+districts in such a way that each elects one senator and one
+representative, the senate districts being of course the larger. In other
+cases, the state is divided into senate districts only, and each senate
+district chooses one senator and an assigned number of representatives.
+The former plan prevails in Wisconsin, for instance, and the latter in
+Minnesota. The number of representatives chosen in a senatorial district
+varies from one to half a dozen, dependent upon population. Illinois has a
+peculiar, and it would seem an excellent, plan. The state is divided on
+the basis of population into fifty-one parts as nearly equal as possible.
+Each of these districts elects one senator and three representatives. In
+voting for representatives, a person may mass his three votes on one
+candidate, or give them to two or three. The purpose is to enable a party
+in the minority to secure some representation.
+
+Term.--The length of term of legislators usually depends upon the
+frequency of sessions. The general principle seems to be that
+representatives shall serve through one session and senators through two.
+How long, then, would you expect the respective terms to be in states
+having annual sessions? In states having biennial sessions? By reference
+to the comparative legislative table on page 293 confirm or reverse your
+judgment.
+
+Vacancy.--In case of a vacancy in either house the governor orders a new
+election in the district affected by the vacancy.
+
+Individual House Powers.--Each house has certain powers conferred by the
+constitution having for their object the preservation of the purity and
+independence of the legislature. Among these are the following:
+
+1. _Each house is the judge of the election, returns, and qualification of
+its own members._ Each person elected to either house receives from the
+canvassing board of the district through its clerk a certificate of
+election, which he presents when he goes to take his seat. Should two
+persons claim the same seat, the house to which admission is claimed
+determines between the contestants. The contest may be based, among other
+things, upon fraud in the election, a mistake in the returns, or alleged
+lack of legal qualification on the part of the person holding the
+certificate. Into any or all of these matters the house interested, _and
+it only_, may probe, and upon the question of admission it may pass final
+judgment.
+
+2. _Each house makes its own rules of procedure._ These, usually called
+rules of parliamentary practice, you can find in the legislative manual.
+Upon their importance as related to civil liberty, consult Lieber's Civil
+Liberty and Self-Government.
+
+The power to preserve order applies not only to members but to spectators
+also. Disorderly spectators may be removed by the sergeant-at-arms. On the
+order of the presiding officer such persons may be placed in confinement
+during the remainder of the daily session.
+
+Unruly members are as a general thing simply called to order. For
+persistent disorder they may be reprimanded or fined. [Footnote: See Among
+the Lawmakers, pp. 230-3.] But in extreme cases they may be expelled. To
+prevent a partizan majority from trumping up charges and expelling members
+of the opposite party, it is a common constitutional provision that the
+concurrence of two-thirds of all the members elected shall be necessary
+for expulsion.
+
+3. _Each house chooses its own officers_. Each house has a presiding
+officer, several secretaries or clerks, a sergeant-at-arms, a postmaster,
+and a chaplain. The sergeant-at-arms usually has a number of assistants
+appointed by himself, and there are a number of pages appointed by the
+presiding officer. These, however, hardly count as officers. The only
+exception to the rule enunciated is in those states having a lieutenant
+governor, who is _ex officio_ president of the senate. Even in that case,
+the senate elects in case of a vacancy, the person so elected being chosen
+from among their own number and receiving usually the title of president
+_pro tempore_.
+
+Quorum.--It would hardly be possible for all members to be present every
+day, therefore a number less than the whole should have authority to act.
+But this number should not be very small. The several constitutions fix
+the quorum for each house, usually at a majority of the members elected to
+it. But a smaller number has power of adjournment from day to day, so that
+the organization may not be lost; and it may compel the attendance of
+absent members, by sending the sergeant-at-arms after them.
+
+Publicity.--On the theory that legislators are servants of the people, we
+would naturally expect the proceedings to be made public. And so they are.
+Publicity is secured in the following ways:
+
+1. In accordance with the constitutional provision, each house keeps a
+journal of its proceedings which it publishes from time to time, usually
+every day.
+
+2. Spectators are admitted to witness the daily sessions.
+
+3. Newspaper reporters are admitted, and are furnished facilities for
+making full and accurate reports.
+
+Privileges of Members.--In order that their constituents may not, for
+frivolous or sinister reasons, be deprived of their services in the
+legislature, the members of each house are _privileged from arrest_
+"during the session of their respective houses, and in going to and
+returning from the same." Nor can civil suit be brought against them
+during that time. But they may be arrested for treason, (defined in the
+constitution), felony, or breach of the peace, because if guilty they are
+unworthy of a seat in the legislature.
+
+And in order that there may be the utmost _freedom of speech_ in the
+legislature, that any member who knows of wrong being done may feel
+perfectly free to say so, the constitution of each state provides that
+"for any speech or debate in either house, they shall not be questioned in
+any other place."
+
+Compensation.--Members of the legislature receive for their services a
+salary, which is sometimes specified in the constitution, but which is
+usually fixed by law. In the latter case no increase voted can be in
+effect until a new legislative term begins. This proviso is, of course,
+designed to remove the temptation to increase the salary for selfish ends.
+
+In some countries no salary is paid to legislators, the theory being that
+with the temptation of salary removed only persons of public spirit will
+accept election. Our argument is that unless some remuneration be given,
+many persons of public spirit and possessed of capacity for public service
+would be barred from accepting seats in the legislature. In other words,
+the state wants the services of her best citizens, and does not wish lack
+of wealth on the part of any competent person to stand in the way. On the
+other hand, that there may be no temptation to continue the sessions for
+the purpose of drawing the pay, the constitution provides, where a _per
+diem_ salary is paid, that members shall not receive more than a certain
+sum for any regular session, or a certain other sum for any extra session.
+
+Prohibitions on Members.--To secure for his legislative duties the
+undivided attention of each member, the constitution provides that "no
+senator or representative shall, during the time for which he is elected,
+hold any office under the United States or the State." In some states, as
+in Minnesota, the office of postmaster is excepted. And in order that
+legislators may be freed from the temptation to create offices for
+themselves or to increase the emoluments of any office for their own
+benefit, it provides that "no senator or representative shall hold any
+office under the state which has been created or the emoluments of which
+have been increased during the session of the legislature of which he was
+a member, until one year after the expiration of his term of office in the
+legislature."
+
+Eligibility.--To be eligible to the legislature a person must be a
+qualified voter of the state, and a resident thereof for, usually, one or
+two years; and shall have resided for some time, usually six months or a
+year, immediately preceding election, in the district from which he is
+chosen. This last provision is made to preclude people who have not been
+living in the district, and who therefore cannot know it or be interested
+particularly in its welfare, from representing it in the legislature.
+
+Sole Powers.--The mode of making laws is discussed in another place.
+[Footnote: See "How Laws Are Made," page 344.] In making laws the houses
+have concurrent jurisdiction--they both take part. But there are some
+parts which belong to each house separately, besides the election of
+officers before mentioned. The house of representatives has in all states
+the sole power of impeachment, [Footnote: For mode of proceeding see page
+331.] and in some states of originating bills for raising revenue. This
+latter power is given to it because being elected for a short term it is
+more directly under the control of the people than is the senate.
+
+The power to impeach is vested in the representatives because for the
+reason stated, they seem more immediately in fact as well as in name to
+represent the people, who it will be remembered are always the complainant
+in criminal cases. And the senate has the sole power of trying
+impeachments. [Footnote: When the governor is being tried, the lieutenant
+governor cannot act as a member of the court.] The length of term frees
+the members from the fear of immediate punishment in case of an unpopular
+verdict. And if they are right time will show it. Historically, this
+division of power in cases of impeachment is derived from colonial
+practice and from the constitution of the United States.
+
+The senate has also the sole power of confirming or rejecting the
+appointments of the governor.
+
+Forbidden Laws.--In addition to the laws forbidden in that part of the
+constitution called the bill of rights, the legislature is usually
+forbidden to pass laws authorizing any lottery; or granting divorces; or
+giving state aid to private corporations; or involving the state in debt,
+except in case of war or other emergency.
+
+
+_Pertinent Questions._
+
+Define constitution. What is a law? What is meant by common law? Statute
+law? Equity?
+
+By reference to the comparative legislative table in the appendix, tell
+the most common name applied to the legislative body; any peculiar names;
+the names most commonly applied to the respective houses; the usual
+qualifications of members; the frequency of regular sessions, and the
+month of meeting most usual. Why is this time of year so uniformly chosen?
+What relation do you see between the frequency of sessions and the term of
+members? What is the relation between the terms of the respective houses?
+How does the number of senators compare with the number in the lower
+house? What state has the largest house? The smallest? Why is the term
+_senate_ so common? Look up the derivation of the word. In what section of
+the country are the terms the shortest? Can you account for this? Which
+states require the highest qualifications in members?
+
+Find out whether in your state there are any requirements not given in the
+tabulation. By reference to the legislative manual or other source of
+information find out any other facts of interest, such as the names of the
+speaker and other legislative officers; the number of your senatorial
+district, and the name of your senator; of your representative district,
+and the name of your representative; what committees are appointed in each
+house, and on which your local representatives are, and how they came to
+be selected for these particular committees; how vacancies are filled in
+the legislature; any contested elections that have occurred in your state
+and the basis of the contest; some of the important rules of parliamentary
+practice; the salary paid members in your state; any cases of impeachment,
+the charge, and the outcome; other forbidden laws.
+
+If two persons claim the same seat in the senate, who will decide between
+them? In the lower house? What are the returns, and where are they kept?
+What appeal from decision is there? If your legislature is now in session,
+write to your representatives asking them to send you regular reports of
+the proceedings. Don't expect to get such reports for the whole session,
+however; that would be asking too much. From the newspapers, report on
+Monday the principal proceedings of the previous week. Have you ever seen
+a legislature in session? What is to keep a member of the legislature from
+slandering people?
+
+State five powers which can be exercised only by the senate. Five, in some
+states four, which can be exercised only by the lower house.
+
+Are you eligible to the legislature? If not, what legal qualifications do
+you lack? Could a member of the legislature be elected governor or United
+States senator?
+
+At the last election did you preserve any of the tickets? Could you secure
+any of the ballots that were actually used in voting? Why?
+
+
+
+
+CHAPTER XIII.
+
+THE EXECUTIVE BRANCH.
+
+
+Officers.--The chief executive office in every state is that of governor.
+There is in each a secretary of state and a state treasurer. Most states
+have also a lieutenant governor, a state auditor or comptroller, an
+attorney general, and a state superintendent of public instruction. In
+nearly every case these offices are created by the state constitution.
+
+Eligibility.--The qualifications required in the governor and lieutenant
+governor are age, citizenship of the United States, and residence within
+the State. The age qualification is required because the responsibilities
+are so great as to demand the maturity of judgment that comes only with
+years. The requirement of citizenship and that of residence are so
+obviously proper as to need no comment.
+
+For the other offices the qualifications required in most states are
+simply those required in a voter. [Footnote: For which see page 298.]
+
+Election.--In every state the governor is elected by the people, and in
+most states the other officers are also. In a few states, some of the
+officers are chosen by the legislature on joint ballot, or are appointed
+by the governor and confirmed by the senate.
+
+Term.--The terms of office of the governors are given in the table. Unless
+otherwise stated, the term of the other officers in each state is the same
+as that of the governor thereof. For the highest efficiency the term of a
+state officer should not be very short, two years being better than one,
+and four years better than two. When the term is four years, it may be
+well to limit the number of terms for which an officer may be elected. In
+some cases this is done.
+
+Removal.--These officers and the others provided by statute may be removed
+on impeachment by the house of representatives, and conviction by the
+senate.
+
+Vacancy.--For the office of governor there is in every state a line of
+succession appointed in its constitution. By reference to the comparative
+table, it will be seen that there is considerable uniformity in the order
+of succession. In case of a vacancy in any of the other elective offices,
+the most usual plan is for the governor to make a temporary appointment
+until a new election can be held. For an appointive office, the
+appointment is usually good until the end of the next legislature or for
+the remainder of the term.
+
+Salary.-The salary attached to each office is usually fixed by law,
+subject to the constitutional limitation that it shall not be increased
+nor diminished during the term of the incumbent. See page 294.
+
+The Duties of the Officers.
+
+Governor.--The great, the characteristic duty of the governor is to see
+that the laws are faithfully executed. Since this may sometimes require
+force, he is made by the constitution commander-in-chief of the military
+forces of the state, and may call out these forces to execute the laws,
+suppress insurrection, or repel invasion.
+
+He appoints, "by and with the advice and consent of the senate," most of
+the important state officers and boards, as provided by law. The advice of
+the senate is rarely if ever asked. But its consent must be obtained to
+make any such appointment valid.
+
+As his duties continue through the year and have to do with the whole
+state, and as he may require the opinion, in writing, of the principal
+officer in each of the executive departments upon any subject pertaining
+to the duties of their respective offices, he is supposed to know more
+than any other person about the situation and needs of the state as a
+whole; and it is, therefore, made his duty to communicate by message to
+each session of the legislature such information touching the affairs of
+the state as he deems expedient. The regular message is sent at the
+opening of the legislative session, and special messages at any time
+during the session as they seem to be needed. On extraordinary occasions
+he may convene the legislature in extra session.
+
+To place another obstruction in the way of hasty legislation, the governor
+(except in Delaware, North Carolina, Ohio, and Rhode Island) has a limited
+veto. [Footnote: See comments on the president's veto, page 150.]
+
+In the administration of justice mistakes are some times made. An innocent
+person may be found guilty, or a guilty person may be sentenced too
+severely, mitigating circumstances appearing after sentence is passed. For
+these and other reasons, there should be power somewhere to grant
+reprieves, commutations, and pardons. In most of the states this power is
+vested in the governor. It does not, for obvious reasons, extend to cases
+of impeachment. Many thoughtful people, including some governors and
+ex-governors, question very seriously the wisdom of this absolute
+assignment of the pardoning power. One suggestion by way of limitation is
+that no pardon issue except upon recommendation of the judge of the court
+in which conviction was wrought.
+
+Lieutenant Governor.--As may be seen by reference to the comparative
+table, several of the states have no such officer. The office is designed
+simply to save confusion in case of a vacancy in the office of governor,
+in which case the lieutenant governor acts as governor during the vacancy.
+To give him something to do the lieutenant governor is _ex officio_
+president of the senate. [Footnote: In case of a vacancy in this office,
+the senate, in most states, chooses one of its own number to act as
+president _pro tempore_.] In most of the states, he has no voice in
+legislation, except a casting vote in case of a tie. But in some states,
+as indicated in the comparative table on page 294, he can debate in
+committee of the whole.
+
+State Treasurer.--This officer has duties and responsibilities similar to
+those of a county treasurer.
+
+Attorney General.--This officer has two chief duties. He represents the
+state in suits at law, and may be called upon to aid county attorneys in
+criminal prosecutions. When invited to do so he gives legal advice to the
+legislature and to the executive officers, on matters pertaining to their
+official duties.
+
+Secretary of State and Auditor.--The county auditor, you remember, has
+three general lines of duty: 1. To act as official recorder and custodian
+of papers for the county board. 2. To be bookkeeper for the county, and in
+connection therewith to audit all claims against the county, and issue
+warrants on the county treasurer for their payment. 3. To apportion the
+taxes.
+
+The corresponding duties in the state, except recording the acts of the
+legislature, which is done by legislative clerks, are in most states
+divided between two officers, the secretary of state and the state auditor
+or comptroller.
+
+The secretary of state has, as his characteristic duty, the preservation
+or custody of state papers, acts of the legislature, etc. He is also
+keeper of the great seal of the state, and authenticates state documents,
+commissions, etc. Incidentally he has other duties. In some states he
+prepares the legislative manual; he sees that the halls are ready for the
+sessions of the legislature, calls the house to order at its first
+meeting, and presides until a speaker is chosen. He also indexes the laws
+and other state documents, and superintends their printing and
+distribution. [Footnote: In some states there is a superintendent of
+printing.]
+
+The auditor or comptroller is bookkeeper for the state, audits accounts
+against it, and draws warrants upon the state treasurer for their payment.
+[Footnote: No money can be paid out except on appropriation by the
+legislature.] The state auditor, also, comparing the legislative
+appropriations with the assessed value of the property of the state,
+computes the rate of the state tax and reports it to county auditors.
+
+In some states, Wisconsin, for instance, the duties of both offices are
+performed by the secretary of state.
+
+In some states the auditor is _ex officio_ land commissioner. In other
+states there is a separate officer to take charge of state lands.
+
+Superintendent of Public Instruction.--This officer has general
+supervision and control of the educational interests of the state. He is
+often _ex officio_ a member of the board of regents of the state
+university, of the board of directors of the state normal schools, and of
+the state high school board. He has the appointment and general management
+of state teachers' institutes. He meets and counsels with county and city
+superintendents. Thus an active, earnest, competent man may influence for
+good the schools of all grades throughout the state. He reports to the
+legislature at each session, through the governor, the condition and needs
+of the schools of the state. In this report he recommends such measures
+for the improvement of the educational system of the state as he deems
+advisable. In many states he apportions the state school money.
+
+Assistants.--Usually the above officers have assistants appointed by
+themselves.
+
+
+OTHER STATE OFFICERS.
+
+The officers given above are the typical state officers, but every state
+has others. Of these the most important are shown in the comparative
+tabulation.
+
+Some states provide the governor with a council. This is in most cases
+simply an advisory, not an administrative or executive body.
+
+
+_Some Pertinent Questions._
+
+What are the qualifications required in the governor of this state? The
+lieutenant governor? The other officers? The names of the state officers?
+The length of their terms? The officers not mentioned in the text, and
+their duties? Name the state officers whom you have seen.
+
+Which states require the highest qualifications in the governor? The
+lowest? Which give the longest term? The shortest? The highest salary? The
+lowest? Which states limit the number of terms? Which have no lieutenant
+governor? In which states is a majority vote required? Does there seem to
+be any sectional law as to these things; that is, is there anything
+peculiar to New England, or to the south, or to the northwest? What seems
+to be the general law of succession to the governorship? What exceptions?
+
+What is meant by saying that the governor executes the law? Is this saying
+strictly true? Is a sheriff an executive or a judicial officer? The
+constable? The mayor of a city? Can an executive officer be sued? A
+judicial officer?
+
+How many senators and representatives would it take to pass a bill over
+the governor's veto? Have you ever known of its being done? If the
+governor should go to Washington on business of the state or on private
+business, who would act as governor? How long would he so act? Could he
+pardon convicts at that time? Have you ever read a message of the
+governor?
+
+If the state superintendent of public instruction wants information on
+some point of school law, to whom should he appeal? How much would he have
+to pay for the advice? What force would the opinion have? Could he obtain
+a legal opinion as to a private matter on the same terms?
+
+If you had a bill against the state, how would you get your pay? If
+payment were refused what could you do? (Do not try to answer off-hand.
+Ask a lawyer.)
+
+How are the expenses of the state government met? The amount of state
+expenses last year? (See report of treasurer.)
+
+What are the sources of the school fund, of this state? Did you ever know
+of school lands being sold in your county? By whom, how, and on what
+terms?
+
+Name your county superintendent of schools. The state superintendent. Is
+there a United States superintendent? Get the report of the state
+superintendent and find out what it contains. Ask your teacher to let you
+see the teachers' report to the county superintendent. How much state
+money did your district receive last year?
+
+
+
+
+CHAPTER XIV.
+
+OTHER STATE OFFICERS.
+
+
+Adjutant-General.--To aid the governor in the discharge of his duties as
+commander-in-chief, there is an officer called the adjutant-general.
+Through him all general orders to the state militia are issued. He also
+keeps the rolls and records of the militia. In some states he is required
+by law to act as attorney for those seeking pensions from the United
+States.
+
+Railroad Commissioners.--To prevent railroads from charging extortionate
+rates for passengers or freight; to see that reasonable facilities are
+provided, such as depots, side tracks to warehouses, cars for transporting
+grain, etc.; to prevent discrimination for or against any person or
+corporation needing these cars; in other words, to secure fair play
+between the railroads and the people, a railroad commission consisting of
+from one to three members has been established in many states by the
+legislature.
+
+Insurance Commissioner.--To protect the people from unreliable insurance
+companies, there is an officer called the insurance commissioner. No
+insurance company can legally transact business in the state until it has
+satisfied the commissioner that its methods of insurance and its financial
+condition are such as to give the security promised to those insured by
+it. The certificate of authority granted to any company may be revoked by
+the commissioner at any time if the company refuses or neglects to comply
+with the conditions established by law.
+
+State Librarian.--Each state has a valuable library, composed chiefly of
+law books, but containing also many other valuable books and pamphlets.
+This library is open to the public. It is in charge of the state
+librarian, who acts under prescribed rules.
+
+Public Examiner.--To render assurance doubly sure that public money shall
+be used only for the purposes for which it is designed, provision is made
+for the appointment of "a skillful accountant, well versed in the theory
+and practice of bookkeeping," to exercise constant supervision over the
+financial accounts of state and county officers and of banking
+institutions incorporated under state laws. This officer is called the
+public examiner.
+
+The officers visited are required by law to furnish the public examiner
+facilities for his work, and to make returns to him under oath. The
+examiner reports to the governor, who is empowered to take action to
+protect the interests of the people.
+
+Oil Inspector.--To protect the people from the danger of burning oil unfit
+for illuminating purposes, there is an officer called the inspector of
+illuminating oils. The inspector appoints a deputy for each county. It is
+the duty of these officers to test the illuminating oils offered for sale,
+and to mark the barrel or package containing it "approved" or "unsafe for
+illuminating purposes," as the case may be. Penalties are attached to the
+selling of oils not approved.
+
+Boiler Inspector.--Steam is now used as power in threshing grain and in
+grinding it, in sawing lumber, in propelling boats and cars, etc. To
+prevent loss of life, engineers must pass an examination and secure a
+certificate of qualification. And boilers must be inspected at least once
+a year to prevent explosions. The latter duty devolves upon the state
+boiler inspector and his assistants. Locomotive engines on railroads are
+sometimes exempt from government inspection, because of the invariably
+high skill of the engineers and the great care of the companies.
+
+Labor Commissioner.--Among the questions now receiving consideration from
+states and nations are many referring to labor--the healthfulness of
+factories, hours of labor, employment of children, protection against
+accidents, etc. In many of the states there is a commissioner of labor to
+make inspections and formulate statistics pertaining to labor.
+
+Officers Peculiar to Certain States.--There are in some states other
+officers, necessitated by special industries. Thus, in Minnesota, where
+the grain, dairy and lumber interests are very important, there are
+inspectors of grain, a dairy commissioner, and surveyors-general of logs.
+
+Appointment and Term.--The officers named in this chapter are elected in
+some states; in others they are appointed by the governor and confirmed by
+the senate. The term is usually two years.
+
+All are required to give bonds for the faithful discharge of their duties.
+All have clerks, deputies, or assistants, appointed by themselves, for
+whose official acts they are responsible.
+
+
+ADMINISTRATIVE BOARDS.
+
+Besides the boards in charge of the several state institutions there are
+usually a number of administrative boards. Of these the most important are:
+
+
+1. _The state hoard of health_, whose duty it is "to make inquiries
+concerning the causes of disease, especially of epidemics; the effect of
+employments, conditions, and circumstances upon the public health," etc.
+
+2. _The state board of charities and corrections_, whose duty it is "to
+investigate the whole system of public charities and correctional
+institutions of the state, and examine into the condition and management
+thereof, especially of prisons, jails, infirmaries, public hospitals, and
+asylums."
+
+3. _State board of equalization_, which equalizes assessments throughout
+the state so as to render taxation as nearly just as possible. This board
+takes cognizance only of _classes_ of property; it does not attempt to
+correct individual grievances.
+
+4. _The state board of immigration_, appointed "to encourage immigration,
+by disseminating information regarding the advantages offered by this
+state to immigrants."
+
+5. _The commissioners of fisheries_, whose duty is to take means to
+increase the number of food fish in lakes and rivers. To this end the
+board secures from the United States commissioner of fisheries the quota
+of spawn allotted from time to time to the state, and from other sources
+spawn of such fish as seem desirable, and has them placed in such lakes
+and rivers as they will be most likely to thrive in.
+
+The members of these boards are appointed by the governor. They serve
+without pay, except the board of equalization. The state pays the expenses
+incident to the discharge of their duty. The secretary of each board
+receives a salary, specified by law.
+
+There are also boards to examine candidates for admission to practice
+medicine, pharmacy, dentistry, and law.
+
+
+_Some Pertinent Questions._
+
+Locate the state university, the state normal schools, all of the schools
+for the unfortunate, the lunatic asylums, the state prisons.
+
+What is the maximum rate per mile that can be charged by railroads for the
+transportation of passengers in this state? How came this to be? If a
+farmer wished to ship a carload of wheat without putting it into a
+warehouse, how could he get a car? If a car were refused what could he do?
+
+Examine the end of a kerosene cask, and find out what the marks on it
+mean. By reference to the latest report of the secretary of the state
+board of immigration, find out what inducements to immigrants this state
+offers. Is there probably such a board as this in the eastern states? Why?
+In European countries? Why?
+
+Does your school receive copies of the pamphlets issued by the state board
+of health?
+
+
+
+
+CHAPTER XV.
+
+THE JUDICIAL BRANCH.
+
+
+We have seen that minor differences may be adjudicated in each town,
+village and city, by justices of the peace and municipal courts; and that
+courts having jurisdiction unlimited as to the amount at controversy are
+held in every county. And these may all be properly called state courts,
+the state being subdivided into judicial districts, each comprising one or
+more counties, for the purpose of bringing justice within the reach of
+every person. But there is also in every state a
+
+
+STATE SUPREME COURT.
+
+Need of.--The supreme court is needed for the following reasons:
+
+1. _To review cases on appeal._ Notwithstanding the great care exercised
+in the lower courts, errors are liable to occur, and the person aggrieved
+may ask for a new trial. If this be denied, he may appeal to the supreme
+court. Appeals are usually taken on one or more of three grounds--(a) On
+exceptions to rulings of the judge as to the admissibility of testimony;
+(b) On exceptions to the judge's charge to the jury; (c) On the ground
+that the verdict of the jury is not warranted by the evidence.
+
+2. _To interpret the law._ The exceptions referred to in the preceding
+paragraph may involve the meaning of a law. In that case the decision of
+the supreme court establishes the meaning of the law in question, and the
+lower courts of the state are thereafter bound by the interpretation
+given.
+
+3. _To pass upon the constitutionality of a law._ The appeal may be made
+for the purpose of testing the constitutionality of a law. If declared
+unconstitutional by the supreme court, the law is void.
+
+4. _To issue certain remedial writs._ Among these may be mentioned the
+writ of _habeas corpus_ and the writ of _mandamus_. Thus, if a person has
+been committed to prison by decree of one of the lower courts, to appeal
+the case and get it reviewed, might take so much time that the term of
+imprisonment would expire before relief could be obtained. To bring the
+matter quickly to the test, the writ of _habeas corpus_ may be used.
+
+How Constituted.--The supreme court consists of one chief justice and two
+or more associate justices. The number in each state may be seen by
+reference to the appendix (pp. 296-7), as may also the term of service,
+the number of sessions held during the year, etc.
+
+Reports.--Since the decisions of the supreme court are binding upon all
+the lower courts of the state, they must be published in permanent form.
+To this end, the clerk of the supreme court makes an elaborate record of
+each case; the judges render their decisions in writing, giving their
+reasons at length; and the reports of the decisions are prepared for
+publication with great care by an officer called the reporter. The
+decision is written by one of the judges, who signs it, but it must be
+agreed to by a majority of the court. The bound volumes of reports are
+found in every lawyer's library.
+
+A Court of Final Appeal.--In all cases involving only state laws, and this
+includes a large majority of cases, the decision of the state supreme
+court is final. Only on the ground that the state law is not in harmony
+with the constitution or laws of the United States can a case involving
+such a law be appealed from the supreme court of the state. The appeal is
+to the supreme court of the United States, which decides merely the
+question of the validity of the law.
+
+State Courts and Federal Courts.--The jurisdiction of the United States
+courts is given in the constitution of the United States, Article III,
+section 2. If during the progress of a trial in a state court, rights
+claimed under the United States constitution or laws or under a treaty of
+the United States become involved, the case may be removed to a federal
+court.
+
+No Jury in the Supreme Court.--There is no jury in the supreme court.
+Questions of fact are determined in the lower courts. Appeals are on
+questions of law. A transcript of the proceedings in the trial court is
+submitted to the supreme court. Ask a lawyer to show you a brief and a
+paper book.
+
+
+_Some Pertinent Questions._
+
+Give the jurisdiction of a justice court. Of a probate court. Of a
+district or circuit court. Of the supreme court?
+
+Who is the recording officer of a justice court? Of a probate court? Of a
+district court? Of the supreme court?
+
+Who keeps a record of the testimony in a justice court? In a district
+court? What is meant by "noting an exception," and why is it done? If a
+person is dissatisfied with the decision of the supreme court, what can he
+do about it?
+
+Who besides the judges of the supreme court can issue the writ of _habeas
+corpus?_
+
+Name the justices of the supreme court of this state. How are they chosen?
+How long do they serve? How many terms does this court hold annually?
+Where are they held? How long do they last? Read some of the syllabi of
+the decisions as they appear in the newspapers. Who prepares these
+outlines for the press?
+
+Which state in the Union has the largest supreme court? Which has the
+smallest? Which demands the highest qualifications? In which is the term
+the longest? In which the shortest? Does a decision of the supreme court
+of New York have any weight in Minnesota? Which states rank highest in the
+value attached to the decisions of their supreme courts? How do you
+account for this?
+
+Paper: By means of pages 292-7, &c., prepare a tabular view of your state,
+taking that on pages 314-15 as a model.
+
+
+
+
+CHAPTER XVI.
+
+RETROSPECT AND PROSPECT.
+
+
+Each Organization a Miniature Government.--Some things of general interest
+are matters for regulation by the state as a whole, through its
+legislature. But many things are properly left to local regulation. For
+instance, in a timbered town, where fences can be cheaply built, it may be
+desirable, especially if there is much wild land, to let cattle run at
+large, each person _fencing out_ the cattle from his crops. On the other
+hand, in a prairie town, where fencing is expensive, or where there is
+little wild land, it may seem best to arrange that each person shall
+_fence in_ his own cattle. No persons can judge which is the better plan
+for a given neighborhood so well as the people who live there. And to them
+it is left, to be determined at the annual meeting. In passing upon such
+questions, in appropriating money for local improvements, &c., powers
+pseudo-_legislative_ are exercised. Matters of detail are determined by
+the supervisors, and they with the clerk, the treasurer, the road
+overseers, the constables, and the assessor, constitute what may be called
+the _executive_, or more properly the _administrative_, department. And
+the local _judicial_ functions are performed by the justices of the peace.
+Similarly it may be shown that the village, the city, and the county are
+governments in miniature.
+
+Local Officers as State Officers.--The governor is the _chief_ executive
+officer of the state, but not the _only_ one. There are others enumerated
+on pages 90-99. But besides these, the state uses local officers in part
+to carry into execution the acts of the legislature. For instance, when
+the legislature has appropriated a certain sum for a specific purpose, the
+executive department raises and applies the money. To this end, the
+taxable property of the state is "valued" by the assessors; these
+estimates are reviewed by the boards of equalization; the county auditors
+make up the tax lists; the county treasurers collect the money and
+transmit it to the state treasurer, from whom it goes to the institution
+for whose benefit it was appropriated.
+
+All writs issued by justices of the peace run in the name of the state,
+showing that these are in a certain sense state judicial officers.
+
+State Officers as United States Officers.--As a rule the United States
+appoints its own officers, and stations them where they are needed. But in
+a very few cases, state officers are used. For instance, in order that
+persons accused of crime against the United States may be promptly
+apprehended, commissioners of the United States circuit court are
+appointed in every state with power to issue warrants of arrest and take
+testimony. But in the absence of a commissioner, the warrant may be issued
+and testimony taken by any judicial officer of the state. In such a case,
+a justice of the peace may act temporarily as a United States officer. The
+best interests of society are served thereby.
+
+Elective and Appointive Officers.--In the school district and the town all
+officers are elected, none being appointed except to fill vacancies. As
+the organizations increase in size, appointive offices increase relatively
+in number, until among officers of the United States only two are elected.
+Members of the _legislative_ department in each of the organizations are
+elected.
+
+Vacancies.--These occur usually either by death or resignation,
+occasionally by removal from office. To save the expense of a special
+election, vacancies in elective offices are filled by temporary
+appointment, except in the case of members of the legislature and members
+of the United States house of representatives.
+
+Resignations.--These are sent as a rule: (a) by elective officers, to that
+officer who is authorized to make the temporary appointment or to order a
+new election; (b) by appointive officers, to the body, board, or officer
+that appointed them.
+
+
+_Pertinent Questions._
+
+Who constitute the legislative department in a town? In a village? In a
+city? In a county? The executive in each? The judicial? Show that the
+county superintendent of schools is also one of the executive officers of
+the state. Do any local officers belong to the state legislative
+department? Should the judges of the circuit court be elected or
+appointed? Should all the county officers be elected at the same time? To
+whom would a member of congress send his resignation if he desired to be
+relieved? A judge of the state supreme court? The county auditor?
+
+
+
+
+PART III.
+
+THE NATION.
+
+
+
+
+CHAPTER XVII.
+
+HISTORICAL.
+
+
+In order to understand the government of the United States, we must
+examine its beginnings and antecedents.
+
+
+THE COLONIES.
+
+When Columbus returned to Spain with his marvelous stories of the New
+World, expeditions were fitted out which soon filled the coffers of that
+country with wealth from Mexico, Central and South America, and the West
+Indies. Spain became the wealthiest nation of the world. Other countries
+soon caught the infection, and expeditions were sent from France, Holland
+and England, the other great commercial nations of western Europe.
+
+For a long time scarcely any effort was made to form permanent
+settlements, and the attempts that were by and by made were unsuccessful.
+For more than a hundred years the territory now included within the United
+States remained unoccupied, except at a few points in the southern part.
+Explorations were, however, pushed with vigor, and many conflicting claims
+were based upon them.
+
+About the beginning of the seventeenth century permanent settlements began
+to be made, yet the increase in population was for the succeeding hundred
+and fifty years very slow. During this time settlements were made in the
+tropical part of America by the Spanish; the French founded settlements in
+Canada and established a chain of forts along the Ohio and Mississippi;
+and the English, though claiming all the land to the Pacific, made
+settlements only along the Atlantic. The Dutch and the Swedes made
+settlements along the Hudson and about Delaware Bay, respectively.
+
+By the middle of the eighteenth century, the Swedes had been dispossessed
+by the Dutch, who in turn had succumbed to the English. And in 1756 began
+the great struggle between France and England for the possession of the
+Mississippi Valley. England won, and the existence of the United States as
+we know and love it became a possibility.
+
+
+THE CAUSES OF THE REVOLUTION.
+
+The causes of the Revolutionary War fall naturally into two great classes,
+the remote and the immediate.
+
+The Remote Causes.--Among the underlying causes of the war may be
+mentioned the following:
+
+1. _The location of the colonies._ They were separated from the mother
+country by a great ocean, which then seemed many times as wide as it does
+now. Communication was so infrequent that the authorities in England could
+not keep track of what was going on in America, and misgovernment could
+flourish unchecked because unknown. And so far away and so differently
+circumstanced from the people in England were the people of the colonies
+that the former could not appreciate the real needs of the latter.
+
+2. _The character of the colonists._ Character is the product largely of
+ancestry and circumstances. The ancestors of these people, after a
+struggle lasting hundreds of years, had established liberty in England and
+intrenched it in guarantees the wisest ever devised by man. From them the
+colonists inherited the right of freedom from arbitrary arrest; of giving
+bail in ordinary offenses; of a speedy, public trial by jury, near the
+place where the crime was alleged to have been committed; of the writ of
+habeas corpus; of established rules of evidence; and, indeed, of nearly
+all the rights mentioned in the first ten amendments to the constitution
+of the United States. Their ancestors had, in the war between Cromwell and
+Charles I., laid down their lives to establish the principle that taxes
+can be laid only by the people or by their representatives. The colonists
+themselves had been compelled to face difficulties incident to life in a
+new country, and had developed the power to act independently in matters
+pertaining to their individual good. And in the management of their
+several commonwealths they had gained considerable experience in
+governmental affairs. With such ancestry and such experience they would
+not tamely endure being imposed upon.
+
+3. _The character of the king._ On the death of Queen Anne without an
+heir, George I., elector of Hanover, had become king of England, and he
+had been succeeded by his son, George II. To both of these kings England
+was really a foreign country, of whose institutions, and of whose language
+even, they were profoundly ignorant. As a consequence, their personal
+influence in England was small. When, in 1760, young George III. ascended
+the throne, he resolved to be king in fact as well as in name. This
+determination, which he adhered to, coupled with his unfamiliarity with
+English institutions, explains many things otherwise difficult to
+understand. (See Fiske's War of Independence, pp. 58-70.)
+
+4. _The prevailing mode of colonization._ Many of the colonies had been
+founded for commercial reasons merely, with no intention of forming
+governmental institutions, Chartered companies and individuals planted
+settlements for the profit there was supposed to be in doing so. These
+colonies were designed to be merely "self-supporting trading outposts of
+England." Money had been put into these enterprises, and in the effort to
+secure a profitable return many unjust commercial restrictions were
+imposed upon the colonists.
+
+Immediate Causes.--Among the immediate causes of the Revolutionary War may
+be mentioned:
+
+1. _The French and Indian War._ In the first place, this war facilitated
+the union of the colonies. Several attempts at union had failed; there
+were too many opposing influences. While by far the greater number of the
+colonists were English, there were many Dutch in New York, and some Swedes
+remained in Delaware. Moreover, the English themselves differed radically
+in politics, those in the South having been royalists, while those in New
+England sympathized with Cromwell and parliament. But more serious than
+these political differences, were the differences in religion. The old
+European quarrels had an echo here, and the catholics of Maryland, the
+episcopalians of Virginia, the puritans of Massachusetts, the baptists of
+Rhode Island, the lutherans of New York, and the quakers of Pennsylvania,
+all had grievances to remember. Travel, which does so much to broaden the
+mind and free it from prejudice, was both difficult and dangerous. The
+French and Indian War, bringing together men from all the colonies, was of
+great service in breaking down intercolonial animosities. Facing the same
+dangers, standing shoulder to shoulder in battle, and mingling with each
+other around the camp fires, the men of the several colonies came to know
+each other better, and this knowledge ripened into affection. The soldiers
+on their return home did much to disseminate the good feeling.
+
+In the second place, the French and Indian War by annihilating all the
+claims of France to American soil removed the principal enemy that had
+rendered the protection of England necessary to the colonies.
+
+In the third place, this war gave the colonists an experience in military
+affairs and a confidence in their own powers which emboldened them to dare
+open rebellion.
+
+And in the fourth place, this war produced the debt which led to the
+taxation which was the most immediate cause of the outbreak.
+
+2. _Various tyrannical acts of the king_. These are given explicitly in
+the Declaration of Independence.
+
+
+_Some Pertinent Questions._
+
+Name a country in the world's history that ever allowed its colonies
+representation in its home parliament or legislative body. Name one that
+does it today. Why do territories in this country desire to become states?
+
+Name some country, other than England, which could have given birth to the
+United States. Prove your proposition.
+
+The Duc de Choiseul, the French minister who signed the treaty whereby
+France yielded to England her claims to American soil, remarked after
+doing it, "That is the beginning of the end of English power in America."
+What did he mean? Upon what did he base his opinion? Why did France help
+the Americans in the Revolutionary War?
+
+What is meant, in speaking of the colonies, by _royal province?_ _Charter_
+government? _Proprietary_ government?
+
+What experience in law making did the colonists have? Where and when did
+the first representative assembly in America convene? Find in the
+Declaration of Independence an expression complaining of
+non-representation in parliament.
+
+To the patriotic and far sighted men who had striven to form a union of
+the colonies, did the religious differences which frustrated their plans
+seem fortunate or unfortunate? Can you see how it came about that we have
+no state church, that we enjoy religious freedom? Doesn't it seem that
+there must have been a Planner wiser than any man who was working out His
+own designs?
+
+
+
+
+CHAPTER XVIII.
+
+THE ARTICLES OF CONFEDERATION.
+
+
+WHAT PRECEDED THEM.
+
+The Revolutionary Period.--The nation was born July 4, 1776. From that
+time until the adoption of the articles of confederation in 1781 the
+people of the United States carried on their governmental affairs by means
+of a congress "clothed with undefined powers for the general good."
+
+This congress had, speaking "in the name and by the authority of the good
+people of these colonies," issued the declaration of independence; it had
+entered into an alliance with France; and it had prosecuted the war almost
+to a successful issue, before it had received any definite warrant for its
+acts. Its acts were justified by necessity, and had their authority in the
+"common consent" of a majority of the people. During nearly all of the
+revolutionary war, the people of the colonies were largely "held together
+by their fears."
+
+
+THE ARTICLES THEMSELVES.
+
+Their History.--But these were pre-eminently a people of peace and good
+order. This is shown in part by the spirit and form of the declaration of
+independence. They had no idea of allowing themselves to lapse or drift
+into anarchy. They understood the necessity for a permanent government.
+
+Accordingly, when, on the eleventh of June, 1776, a committee of congress
+was appointed to "abolish" one form of government by drafting a
+declaration of independence, another committee was appointed to frame a
+plan on which to "institute a new government."
+
+After more than a month's deliberation this committee reported its plan,
+embodied in what is called articles of confederation. This plan was
+discussed from time to time, and finally, somewhat modified, was agreed to
+by congress, November 15, 1777. It was then submitted to the states for
+ratification.
+
+In July, 1778, the articles were ratified by ten of the states. New Jersey
+ratified in November, 1778, and Delaware in February, 1779. But the
+articles were not to become binding until ratified by all the states, and
+Maryland did not authorize her delegates in congress to sign the
+instrument in ratification until March 1, 1781. (Maryland claims to have
+fought through the revolutionary war, not as a member but as an ally of
+the United States.)
+
+Their peculiarities.--The articles of confederation were different from
+our present constitution, both in principle and in method of operation, as
+follows:
+
+1. _The nature of the government formed._ The government was that of a
+"confederation of states," each retaining its sovereignty and
+independence. The union was declared to be a "firm league of friendship."
+It was to be perpetual.
+
+2. _The branches of government._ Only one was provided for, a congress. No
+provision was made for executive or judicial officers apart from the
+congress itself.
+
+3. _The structure of the congress._ The congress consisted of only one
+house or chamber. Members were elected for one year, subject to recall at
+any time, and they were paid by their respective states. No person was
+eligible to membership for more than three years in any period of six
+years. No state could be represented by "less than two, nor more than
+seven members." Each state had one vote.
+
+4. _The powers of congress._ "The United States in congress assembled" had
+power to treat with foreign countries, to send and receive ambassadors, to
+determine peace and war. Congress was the last resort on appeal in all
+disputes between the states; could fix the standard of weights and
+measures, and of the fineness of coin; could establish and regulate
+postoffices; could ascertain and appropriate "the necessary sums of money
+to be raised for the service of the United States;" could borrow money "on
+the credit of the United States;" could agree upon the number of land
+forces and make requisition on each state for its quota; and could appoint
+a committee consisting of one member from each state, to sit during the
+vacations of congress.
+
+5. _Powers denied to the states._ No state could enter into any treaty
+with another state or with a foreign nation, nor engage in war, except by
+consent of "the United States in congress assembled;" nor keep vessels of
+war or a standing army in time of peace, except such number as congress
+should deem necessary.
+
+Reasons for the peculiarities.--Suffering breeds caution. Every one of the
+peculiarities was based upon distrust.
+
+The people were afraid to trust their delegates. This is manifest in the
+shortness of the term, the provision for recall, the reserved right to
+control the delegates by controlling their pay, and the limitation as to
+service.
+
+The states were afraid of each other, especially were the small states
+distrustful of the large ones. This is evidenced in the provision that
+each state should have one vote. By this arrangement the states had equal
+power in the congress.
+
+The people and the states were afraid of the general government. A central
+government was a necessity, but it was given only very limited powers. The
+people would not have an executive officer, because they feared anything
+resembling kingly rule. They did not dare to establish a national
+judiciary having jurisdiction over persons and property, because their
+experience with "trials beyond the sea" had made them wary of outside
+tribunals.
+
+It is to be observed, however, that with all their distrust, in spite of
+the fact that their colonial or state jealousies and habits had returned
+upon them, notwithstanding their specific statement in the instrument
+itself that "each state retains its sovereignty," the instinct of
+nationality was yet strong enough to cause them to continue in the general
+government the actual sovereign powers. Thus, the "United States" alone
+could treat with foreign nations, declare war, and make peace. Another
+great sovereign power, that of coining money, was unfortunately shared by
+the states.
+
+Their defects.--The great defect in the articles of confederation was that
+they placed too little power in the hands of the general government.
+Although congress possessed the right to declare war, it could only
+apportion the quota of men to each state; the states raised the troops.
+And so on with the other powers. The government of the United States
+during the confederation period was "a name without a body, a shadow
+without a substance." An eminent statesman of the time remarked that "by
+this political compact the continental congress have exclusive power for
+the following purposes without being able to execute one of them: They may
+make and conclude treaties; but they can only recommend the observance of
+them. They may appoint ambassadors; but they cannot defray even the
+expenses of their tables. They may borrow money on the faith of the Union;
+but they cannot pay a dollar. They may coin money; but they cannot buy an
+ounce of bullion. They may make war and determine what troops are
+necessary; but they cannot raise a single soldier. In short, they may
+declare everything, but they can do nothing."
+
+The consequences.--"The history of the confederation during the twelve
+years beyond which it was not able to maintain itself, is the history of
+the utter prostration, throughout the whole country, of every public and
+private interest,--of that which was, beyond all comparison, the most
+trying period of our national and social life. For it was the extreme
+weakness of the confederate government, if such it could be called, which
+caused the war of independence to drag its slow length along through seven
+dreary years, and which, but for a providential concurrence of
+circumstances in Europe, must have prevented it from reaching any other
+than a disastrous conclusion. When, at last, peace was proclaimed, the
+confederate congress had dwindled down to a feeble junto of about twenty
+persons, and was so degraded and demoralized, that its decisions were
+hardly more respected than those of any voluntary and irresponsible
+association. The treaties which the confederation had made with foreign
+powers, it was forced to see violated, and treated with contempt by its
+own members; which brought upon it distrust from its friends, and scorn
+from its enemies. It had no standing among the nations of the world,
+because it had no power to secure the faith of its national obligations.
+For want of an uniform system of duties and imposts, [Footnote: Each state
+regulated its own commerce.] and by conflicting commercial regulations in
+the different states, the commerce of the whole country was prostrated and
+well-nigh ruined.... Bankruptcy and distress were the rule rather than the
+exception.... The currency of the country had hardly a nominal value. The
+states themselves were the objects of jealous hostility to each other....
+In some of the states rebellion was already raising its horrid front,
+threatening the overthrow of all regular government and the inauguration
+or universal anarchy." [Footnote: Dr. J. H. McIlvaine in Princeton Review,
+October, 1861. Read also Fiske's Critical Period of American History,
+chapter IV.]
+
+
+
+
+CHAPTER XIX.
+
+THE ORIGIN OF THE CONSTITUTION.
+
+
+"For several years efforts were made by some of our wisest and best
+patriots to procure an enlargement of the powers of the continental
+congress, but from the predominance of state jealousies, and the supposed
+incompatibility of state interests with each other, they all failed. At
+length, however, it became apparent, that the confederation, being left
+without resources and without powers, must soon expire of its own
+debility. It had not only lost all vigor, but it had ceased even to be
+respected. It had approached the last stages of its decline; and the only
+question which remained was whether it should be left to a silent
+dissolution, or an attempt should be made to form a more efficient
+government before the great interests of the Union were buried beneath its
+ruins." [Footnote: Story]
+
+Preliminary Movements.--In 1785 a resolution was passed by the legislature
+of Massachusetts declaring the articles of confederation inadequate, and
+suggesting a convention of delegates from all the states to amend them. No
+action, however, was taken. In the same year commissioners from Virginia
+and Maryland met at Alexandria, Va., to arrange differences relative to
+the navigation of the Potomac, the Roanoke, and Chesapeake Bay. The
+deliberations showed the necessity of having other states participate in
+the arrangement of a compact. In 1786 the legislature of Virginia
+appointed commissioners "to meet such as might be appointed by the other
+states of the Union, ... to take into consideration the trade of the
+United States." Only four states accepted the invitation. Commissioners
+from the five states met at Annapolis, and framed a report advising that
+the states appoint commissioners "to meet at Philadelphia on the second
+Monday in May next, to take into consideration the situation of the United
+States, to devise such further provisions as shall appear to them
+necessary to render the constitution of the federal government adequate to
+the exigencies of the Union." [Footnote: Elliot's Debates] In accordance
+with this suggestion, congress passed a resolution, February 21, 1787,
+recommending that a convention of delegates, "who shall have been
+appointed by the several states, be held at Philadelphia, for the sole and
+express purpose of revising the articles of confederation." [Footnote:
+Elliott's Debates]
+
+
+The Constitutional Convention.--In response to the call of congress,
+delegates from all the states except Rhode Island met in Philadelphia. By
+May 25, a quorum had assembled, the convention organized, with George
+Washington as chairman, and began its momentous work.
+
+It was soon discovered that it would be useless to attempt to amend the
+articles of confederation. They were radically defective, and a new plan
+of government was seen to be necessary. The _national_ idea must be
+re-established as the basis of the political organization.
+
+"It was objected by some members that they had no power, no authority, to
+construct a new government. They certainly had no authority, if their
+decisions were to be final; and no authority whatever, under the articles
+of confederation, to adopt the course they did. But they knew that their
+labors were only to be suggestions; and that they as well as any private
+individuals, and any private individuals as well as they, had a right to
+propose a plan of government to the people for their adoption.... The
+people, by their expressed will, transformed this suggestion, this
+proposal, into an organic law, and the people might have done the same
+with a constitution submitted to them by a single citizen." [Pomeroy's
+Constitutional Law, p. 55]
+
+The labors of the convention lasted four months. The constitution was
+agreed to September 15, 1787.
+
+Some of the difficulties encountered.--Of these perhaps the most
+formidable was the adjustment of power so as to satisfy both the large and
+the small states. So long as the idea of having the congress consist of
+one house remained, this difficulty seemed insurmountable. But the
+proposal of the bicameral congress proved a happy solution of the
+question. [Footnote: See discussion of section 1, Article I.,
+Constitution, page 124.]
+
+Although so much distress had followed state regulation of commerce, and
+although most of the delegates from the commercial states were in favor of
+vesting this power in the federal government, it was only after much
+deliberation, and after making the concession that no export duties should
+be levied, that the power to regulate commerce was vested in congress.
+
+Another perplexing question was the regulation of the slave trade. For two
+days there was a stormy debate on this question. By a compromise congress
+was forbidden to prohibit the importation of slaves prior to 1808, but the
+imposition of a tax of ten dollars a head was permitted.
+
+The men who constituted the convention.--The convention included such men
+as George Washington, Alexander Hamilton, Benjamin Franklin, James
+Madison, Roger Sherman, Gouverneur Morris, Edmund Randolph, and the
+Pinckneys. "Of the destructive element, that which can point out defects
+but cannot remedy them, which is eager to tear down but inapt to build up,
+it would be difficult to name a representative in the convention."
+[Footnote: Cyclopedia of Political Science, vol. I., article
+"Compromises."]
+
+The constitution a growth.--The constitution was not an entirely new
+invention. The men who prepared it were wise enough not to theorize very
+much, but rather to avail themselves of the experience of the ages. Almost
+every state furnished some feature. For instance: The title President had
+been used in Pennsylvania, New Hampshire, Delaware, and South Carolina;
+The term Senate had been used in eight states; the appointment and
+confirmation of judicial officers had been practiced in all the states;
+the practice of New York suggested the president's message, and that of
+Massachusetts his veto; each power of the president had its analogy in
+some state; the office of vice-president came from that of lieutenant
+governor in several of the states.
+
+Some of its peculiarities.--And yet the instrument is one of the most
+remarkable ever penned by man.
+
+1. _It is short_. It would not occupy more than about two columns of a
+newspaper.
+
+2. _It covers the right ground_. It deals with things permanent, and
+leaves transient matters to legislation. Its adaptation to our needs is
+seen in the fact that it has remained substantially unchanged, although in
+territory and population our country has grown immensely.
+
+3. _It is a model in arrangement and language_. The lucidity and
+perspicuity of the language of the constitution have called forth
+expressions of admiration from all who have studied it carefully.
+
+Probably its master-stroke is the creation of the national judiciary.
+
+Let us now proceed to a study of the instrument itself, prepared to weigh
+carefully every sentence.
+
+
+_Some Pertinent Questions_.
+
+Group all the defects of the government under the articles of
+confederation using these two heads: 1. Defects in organization. 2.
+Defects in essential powers.
+
+In the constitutional convention there were several "plans" proposing
+forms of government. State the provisions of the Virginia plan; of the New
+Jersey plan; of the Hamilton plan; the Connecticut plan. Watch for traces
+of each as you proceed in your study of the constitution.
+
+Memorize the following outline of the constitution:
+
+GENERAL OUTLINE OF THE CONSTITUTION.
+
+PREAMBLE, giving reasons for the formation of the constitution.
+
+
+ARTICLE I.--_The Legislative Department_.
+
+Sec. 1. Vestment of power in a congress of two houses.
+
+Sec. 2. House of representatives: apportionment, qualifications, election,
+term, sole powers.
+
+Sec. 3. Senate: apportionment, qualifications, election, term, sole
+powers.
+
+Sec. 4. Congress: time and place of election, time of meeting.
+
+Sec. 5. Houses respectively: relations to members.
+
+Sec. 6. Provisions common: privileges and disabilities.
+
+Sec. 7. Mode of passing laws.
+
+Sec. 8. Powers of congress.
+
+Sec. 9. Prohibitions on congress.
+
+Sec. 10. Prohibitions on the states.
+
+
+ARTICLE II.--_The Executive Department_.
+
+Sec. 1. Vestment of power, term, qualifications, election, etc.
+
+Sec. 2. Powers.
+
+Sec. 3. Duties.
+
+Sec. 4. Responsibility.
+
+
+ARTICLE III.--_The Judicial Department_.
+
+Sec. 1. Vestment of authority, appointment, term, etc.
+
+Sec. 2. Jurisdiction.
+
+Sec. 3. Treason, definition, procedure.
+
+
+ARTICLE IV.--_The States_.
+
+Sec. 1. Mutual credit of official papers.
+
+Sec. 2. Inter-state relations.
+
+Sec. 3. New states and territories.
+
+Sec. 4. Republican form of government guaranteed.
+
+
+ARTICLE V.--_Mode of Amending the Constitution_
+
+
+ARTICLE VI.--_Miscellaneous_
+
+
+ARTICLE VII.--_Ratification_
+
+
+AMENDMENTS.
+
+1-10. Personal rights guaranteed.
+
+11. Limitation on Jurisdiction of U.S. Courts.
+
+12. Mode of electing the president and vice-president.
+
+13-15. Fruits of the Civil War.
+
+[Illustration: PRINCIPAL STORY (For Key see back of page.)]
+
+[Illustration: THE PRINCIPAL STORY OF THE CAPITOL.]
+
+
+
+
+CHAPTER XX.
+
+THE CONSTITUTION OF THE UNITED STATES.
+
+
+THE ENACTING CLAUSE [1] OR PREAMBLE.
+
+_We, the people of the United States,[2] in order to form a more perfect
+union,[3] establish justice,[4] insure domestic tranquillity,[5] provide
+for the common defense,[6] promote the general welfare,[7] and secure the
+blessings of liberty to ourselves and our posterity,[8] do ordain and
+establish this constitution for the United States of America._
+
+[1] The preamble or enacting clause is very important, because it states
+the purposes for which the constitution was framed, and is, therefore, a
+valuable aid in interpreting its provisions.
+
+[2] These words are important, because: First, they recognize the people
+as the source of power. Second, they show that the constitution is
+different in nature from the articles of confederation. The latter was a
+compact between states, adopted by state legislatures acting for the
+states as such; the former was "ordained and established" by "the people
+of the United States," _one_ people, acting as a unit. And the expression,
+which was inserted in the preamble after due deliberation, is, therefore,
+an argument in favor of the proposition that this is a _nation_ and not a
+mere confederacy.
+
+[3] "More perfect" than under the articles of confederation, in which the
+states were declared sovereign and independent. The sovereignty is given
+by the constitution to the general government, which is clothed with ample
+power to maintain its independence. At the same time such limitations are
+placed upon its power as will prevent its becoming despotic.
+
+[4] To establish justice is one of the primary purposes of government.
+Under the articles of confederation there had been no national judiciary,
+and state courts often discriminated against foreigners and citizens of
+other states. To remedy this, to establish fair-handed justice throughout
+the land, the national judiciary was created by the constitution.
+
+[5] "Domestic tranquillity" means here peace among the states and within
+each state. The condition of affairs during the confederation period had
+been woeful. A long war had impoverished the people, and unable to pay
+their taxes they had in several places broken out in rebellion. Each state
+by commercial regulations was trying to better its fortunes even at the
+expense of the others. These regulations, and disputes about boundaries,
+kept the states quarreling among themselves.
+
+By transferring to the general government the power to regulate commerce
+with foreign nations and among the states, by giving it power to enforce
+treaties, and by creating a tribunal with authority to settle
+controversies between states, the framers of the constitution removed in a
+large measure the irritating causes of discord. But to _insure_ peace, the
+general government was expressly given power to put down insurrections in
+the states.
+
+[6] To defend the country is another of the important duties of
+government. The United States could do this better than each state could
+defend itself. Several reasons are obvious. Therefore the general
+government was empowered to raise and maintain an army and navy, and it
+thus became "competent to inspire confidence at home and respect abroad."
+
+[7] "To promote the general welfare" was the great object for which the
+government was organized, and all the provisions of the constitution have
+that in view. This expression was intended to cover all those things which
+a government may properly do for the good of the people. It is very
+elastic, as it was intended to be, and has covered acts as different as
+the purchase of Louisiana, and the endowment of agricultural colleges, the
+granting of a patent, and the establishment of post-offices.
+
+[8] This is a worthy climax to the preamble. The great struggle, which
+began in the mother country, continued through colonial times, and
+culminated in the revolution, had been for liberty. The love of liberty
+had illumined the pathway of the pilgrims crossing unknown seas; it had
+glowed in the Declaration of Independence; it had warmed the hearts of the
+half-clad soldiers at Valley Forge.
+
+Liberty had now been won; the problem was how to render it secure. The
+desired security was to be found only in the formation of a government
+having all powers necessary for national sovereignty and independence,
+while retaining in the states all powers necessary for local
+self-government.
+
+
+
+
+CHAPTER XXI.
+
+ARTICLE I.--THE LEGISLATIVE BRANCH.[1]
+
+
+SECTION I.--CONGRESS.
+
+_All legislative powers herein granted, shall be vested in a congress of
+the United States, which shall consist of a senate and house of
+representatives._[2]
+
+[1] The division of governmental functions among three branches has
+already been discussed on page 79.
+
+The legislative branch comes first and occupies most space in the
+constitution because its framers regarded the legislative as the most
+important branch. And laws must be _made_ before they can be interpreted
+or executed.
+
+[2] The _reason_ for the creation of two houses or chambers was that thus
+only could the conflicting claims of the large and small states be
+reconciled. It was, in fact, a _compromise_, the first of a series.
+
+Only a few in the convention thought at first of having two houses, the
+plan being to continue as under the articles of confederation with one
+house. On the question of apportioning representatives, it was found that
+there was a decided difference of opinion. The small states wished to
+continue the principle of the articles of confederation, which gave the
+several states equal power. But the large states insisted that the power
+of a state should be _in proportion to its population_. The differences
+were finally settled by the creation of two houses, in one of which the
+states should have equal power, and in the other the representation should
+be based upon population.
+
+Connecticut has the honor of furnishing this valuable compromise. In her
+legislature, representation in one house was based on population; in the
+other, the towns had equal representation.
+
+Among the _advantages_ of having two houses, aside from that mentioned on
+page 80, are these: It tends to prevent a few popular leaders from
+carrying through laws not designed for the common good; it secures a
+review of any proposed measure by men elected in different ways and
+looking at it from different standpoints. As our congress is organized,
+the members of the house of representatives, being elected by popular vote
+and for a short term, are likely to represent with considerable
+faithfulness the wishes of the people. But the people may be for a time
+wrong--as, for instance, in the persecution of the "witches"--and
+senators, who by their mode of election and length of term are made
+somewhat independent, can comparatively without fear do what seems right,
+even if temporarily unsupported by public opinion.
+
+
+SECTION II.--HOUSE OF REPRESENTATIVES.[1]
+
+_Clause 1.--Composition and Term._
+
+_The house of representatives shall be composed of members chosen every
+second year[2] by the people[3] of the several states, and the electors[4]
+in each state shall have the qualifications requisite for electors of the
+most numerous branch of the state legislature.[5]_
+
+[1] So called because it represents the people.
+
+[2] The term under the confederation had been one year. This was too short
+to permit any adequate study of the subjects to be legislated upon. This
+longer term, two years, is still short enough to impose upon
+representatives the feeling of responsibility.
+
+The term begins March 4, at noon. The time covered by a representative's
+term is called _a congress;_ thus we speak of the fortieth congress,
+meaning the fortieth two years of our constitutional existence. The name
+also applies to the body constituting our national legislative department
+during that time. Thus we say that a certain person is a member of
+congress.
+
+"A congress" includes two regular sessions and any number of extra
+sessions which the president may see fit to call or which may be provided
+for by law. The first regular session is called "the long session,"
+because congress may remain in session through the summer, if it choose.
+The second is called "the short session," because it must end March 4, at
+noon. Expiring thus by limitation, it lasts not more than about three
+months.
+
+[3] The word _people_ here means _voters_.
+
+Each state is divided by its legislature into congressional districts
+equal in number to the representatives to which it is entitled, and the
+people of each district elect one representative. Sometimes when a state
+has its representation increased after a new census, the old congressional
+districts are left for a time undisturbed, and the added representatives
+are elected "at large," while the others are chosen by districts as
+before.
+
+[4] Voters.
+
+[5] The qualifications for voting in any state are fixed by the state
+itself, and different states require different qualifications. When the
+constitution was framed, but not now, some states required higher
+qualifications in voters for the upper house of the state legislature than
+in voters for the lower; so that more persons could vote for members of
+the lower, which is always the "most numerous" branch, than for the
+higher. Desiring to make the United States house of representatives as
+"popular" as possible, the framers of the constitution determined that all
+whom any state was willing to trust to vote for a member of the lower
+house of the state legislature, the United States could trust to vote for
+members of its lower house.
+
+_Clause 2.--Qualifications_.
+
+_No person shall be a representative who shall not have attained the age
+of twenty-five years,[1] and been seven years a citizen of the United
+States,[2] and who shall not, when elected, be an inhabitant of that state
+in which he shall he chosen.[3]_
+
+[1] For business and voting purposes a man "comes of age" at twenty-one
+years. Four years of probation are considered the least amount of time
+necessary to fit him for the responsibilities of a member of the house of
+representatives.
+
+[2] A born citizen will at twenty-five years of age have been a citizen
+for twenty-five years. A naturalized citizen must have lived in the United
+States for at least twelve years, [Footnote: Eight years in the case of an
+honorably discharged soldier who may become a citizen on one year's
+residence.] five years to become a citizen and seven years afterwards,
+before being eligible to the house of representatives. These twelve years
+will have given him time to become "Americanized."
+
+[3] Residence in the state is required in order that the state may be
+represented by persons interested in its welfare. No length of time is
+specified, however. Residence in the district is not required by the
+constitution, because the distribution of representatives within a state
+is left to the state itself. A person _may_ be chosen to represent a
+district in which he does not live, and this has been done in a few
+instances. One does not lose his seat by moving from the district or even
+from the state, but propriety would impel resignation.
+
+
+WHO MAY NOT BE REPRESENTATIVES.
+
+1. Persons holding any office under the United States. [I., 6, 2.]
+
+2. Persons who by engaging in rebellion against the United States have
+violated their oath to support the constitution, unless the disability be
+removed. [Am. XIV., 3.]
+
+_Clause 3.--Apportionment._
+
+The parts of this clause enclosed in brackets are now obsolete.
+
+_Representatives and direct taxes[1] shall be apportioned among the
+several states which may be included within this Union, according to their
+respective numbers,[2] [which shall he determined by adding to the whole
+number of free persons[3] including those bound to service [4] for a
+number of years, and] excluding Indians not taxed, [three-fifths of all
+other persons.[5]] The actual enumeration[6] shall he made within three
+years after the first meeting of the congress of the United States,[7] and
+within every subsequent term of ten years, in such manner as they shall by
+law direct. The number of representatives shall not exceed one for every
+thirty thousand,[8] but each state shall have at least one
+representative,[9] [and until such enumeration shall he made, the State of
+New Hampshire, shall be entitled to choose three, Massachusetts eight,
+Rhode Island and Providence Plantations one, Connecticut five, New York
+six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six,
+Virginia ten, North Carolina five, South Carolina five, and Georgia
+three.]_
+
+[1] These are like the usual local taxes; that is, "poll" taxes and taxes
+on real and personal property. A tax on incomes derived from such property
+was, in May, 1895, declared by the United States Supreme Court to be a
+direct tax. United States direct taxes have been laid only in 1798, 1813,
+1815, 1816, 1862.
+
+[2] The revolutionary war had just been fought to maintain the principle,
+"taxation and representation go hand in hand," and this provision was made
+in harmony therewith. The including of direct taxes was a concession to
+the slaveholding states.
+
+[3] Men, women and children. [4] Apprentices.
+
+[5] Slaves. The framers of the constitution did not like to use the word
+"slave," and therefore used this expression. Most of them, even the
+slaveholders, hoped that slavery would soon cease to be.
+
+In determining the persons to be enumerated, much difficulty was
+encountered. The slaveholding states wished the slaves counted as
+individuals, claiming that they had as much right to be represented as had
+women, children and other non-voters. The non-slaveholding [Footnote: In
+all the states except Massachusetts slavery then existed. But in the
+northern states the number of slaves was so small, that we may call them
+"non-slaveholding."] states thought that being held as property they
+should not be counted at all for purposes of representation. This
+provision in the constitution was the outcome,--another compromise.
+
+[6] Called the _Census_. The prime purpose in taking the census is to find
+out the number of people in each state, so that representation may be
+equalized. But the census takers collect at the same time a vast amount of
+other useful information upon the agriculture, manufactures, commerce,
+etc., of the country. Reports of the census are published by the
+government for gratuitous distribution.
+
+[7] The first meeting of congress was held in 1789, and the first census
+was taken in 1790.
+
+[8] To prevent the House from becoming too large. But the population of
+the United States has constantly and rapidly increased, so that the "ratio
+of representation," as it is called, has been made greater at each census.
+It now takes 173,901 people to secure a representative. (For ratio in each
+decade, see pages 312-13.)
+
+[9] So that even the smallest states shall be represented.
+
+_Clause 4.--Vacancies._
+
+_When vacancies[1] happen in the representation from any state, the
+executive authority[2] thereof shall issue writs of election[3] to fill
+such vacancies.[4]_
+
+[1] Vacancies usually happen through the death or resignation of the
+incumbent. But a vacancy may be made by the expulsion of a member or by
+the election of an ineligible person.
+
+[2] The governor or acting governor.
+
+[3] That is, he orders an election. The order is printed in the newspapers
+of the district, and specifies the time the election is to be held. At the
+time specified the electors vote as in regular elections. This is called a
+"special election."
+
+[4] The person elected serves for the unexpired term.
+
+_Clause 5.--House Powers.
+
+The House of Representatives shall choose their speaker[1] and other
+officers;[2] and shall have the sole power of impeachment[3]._
+
+[1] Called so in imitation of the title of the presiding officer of the
+British House of Commons, who was originally called the speaker because he
+acted as spokesman in communicating to the king the wishes of the House.
+
+The speaker is chosen by ballot from among the members, and serves during
+the pleasure of the House. At the beginning of each congress a new
+election is held. A speaker may be re-elected. Henry Clay served as
+speaker for ten years.
+
+The duties of the speaker are prescribed by the rules of the House. So
+far, he has always appointed the committees. As the work of legislation is
+largely shaped by committees, it may be fairly asked whether any one else
+can so affect the legislation of the country as can the speaker--whether,
+indeed, he has not too much power.
+
+[2] The most important "other officers" are the clerk and the
+sergeant-at-arms.
+
+The clerk, as his title would indicate, has charge of the records of the
+House. He has a number of assistants.
+
+The sergeant-at-arms acts under the orders of the speaker in keeping order
+and in serving processes. His duties in the House resemble those of the
+sheriff in court.
+
+The doorkeeper, postmaster, and chaplain, have duties indicated by their
+titles.
+
+These officers are elected by the House and serve during its pleasure,
+usually two years. Assistants are appointed by the officers whom they
+assist.
+
+None of these officers are members of the House.
+
+[3] An impeachment is a solemn accusation in writing, formally charging a
+public officer with crime. "The articles of impeachment are a sort of
+indictment; and the House, in presenting them, acts as a grand jury, and
+also as a public prosecutor." [Footnote: Story's Exposition of the
+Constitution of the United States.]
+
+For further discussion of impeachment, see pages 138, 203 and 331. A very
+interesting account of the impeachment trial of Secretary Belknap is given
+in Alton's _Among the Lawmakers_, pages 245-250. Mr. B. is hidden under a
+fictitious name.
+
+On impeachment, see also Wilson's _Congressional Government_, page 275.
+
+
+WRITTEN EXERCISE.
+
+Each member of the class should prepare a tabulation like this, filling
+out the blanks briefly.
+
+HOUSE OF REPRESENTATIVES.
+
+I. NUMBER--
+   1. Based upon.
+   2. Limitations.
+      (a)
+      (b)
+II. QUALIFICATIONS.
+   1.
+   2.
+   3.
+   4.
+   5.
+III. ELECTION--
+IV. TERM--
+Y. VACANCY--
+
+
+_Pertinent Questions._
+
+What is a constitution? A law? A preamble? How many of the reasons
+assigned in the preamble for establishing this government are general and
+how many are special?
+
+How many houses do most legislative bodies have? How many did the congress
+under the confederation have? Why? Why has congress two houses?
+
+How many representatives has this state in the U.S. congress? Give their
+names by districts. In which district do you live? When was your
+representative elected? By the census of 1880, Alabama had a population of
+1,262,505; how many representatives should it have? Nevada had only 62,261
+inhabitants, but has a representative; how do you account for the fact?
+What proportion of U.S. officers are elected?
+
+What is the "most numerous branch" of this state's legislature called?
+What qualifications must electors to that house have? Whom else can such
+persons therefore vote for? If this state desired higher qualifications in
+electors for United States representatives, how could she require them?
+Should not the United States designate the qualifications of voters for
+members of congress? May one who is not a citizen of the United States
+vote for a member of congress?
+
+What is the number of the present congress? When did it begin? How many
+members in the present House of Representatives? Just how was that number
+determined? Name the speaker. What political party is in the majority in
+the present House? Is congress now in session?
+
+Must a representative reside in the _district_ from which he is chosen? If
+your representative should move to another state, would he lose his seat?
+If a person twenty-four years and ten months old at the time of election
+should be chosen representative, would he be eligible?
+
+How long must an alien live in the United States to be eligible to the
+house? Is there any exception?
+
+If $13,000,000 were to be raised for the use of the United States by
+direct taxation, how much would this state have to pay? How much would
+Alaska have to pay? How would this state raise the money?
+
+Are there any people in this state who are not counted in making up the
+representative population?
+
+When was the first United States census taken? How many have since been
+taken? When was the last taken? When will the next be taken?
+
+How did members of congress vote under the confederation? How do they now
+vote?
+
+How is Utah represented in congress? The District of Columbia?
+
+What five states had the largest representation in the first congress?
+What five have now? Which two have fewer members now than in the first
+congress? Which three have just the same number?
+
+Name the present officers of the House of Representatives. Are any of them
+from this state?
+
+How does our House of Representatives compare with the British House of
+Commons in the number of members? In the length of their terms? In the age
+required for eligibility? What famous speech have you read in reply to one
+in which a certain member of the House of Commons had been alluded to
+contemptuously as "a young man?"
+
+Could one who is not a voter be elected to the house? Is a woman eligible?
+Could the state impose other qualifications than those mentioned in the
+constitution?
+
+
+SECTION III.--THE SENATE.[1]
+
+_Clause 1.--Composition._
+
+_The Senate of the United States shall be composed of two senators from
+each state,[2] chosen by the legislature thereof,[3] for six years;[4] and
+each senator shall have one vote.[5]_
+
+[1] Latin _senatus_, from _senex_, an old man. This dignified term seems a
+favorite, being used in many countries to designate the upper house. In
+other countries a term is used having the same signification.
+
+[2] This arrangement will be remembered as the concession made by the
+large states to the small ones.
+
+Had the number of senators been fixed at one from each state, equality of
+power among the states would still have been secured; but sickness or
+accident might then leave a state unrepresented. By having two, this
+difficulty is obviated. The two can consult about the needs of their state;
+and the Senate is large enough to "confer power and encourage firmness."
+Three from each state would bring no advantages which are not now secured,
+while the Senate would be unnecessarily large and expensive.
+
+[3] This mode of election was fixed upon for two reasons: First, the
+senators represent the state, as such, and hence it seemed proper that
+they should be chosen by the body which acts for the state in its
+corporate capacity; second, the members of the House of Representatives
+being elected by the people, it was deemed advisable to elect the senators
+in a different way, in order that, by representing different elements,
+each house might act as a check upon the other. Incidentally, election by
+the legislature was considered good, because it would serve as a
+connecting link between the states and the United States.
+
+[4] The long term gives dignity and independence to the position of
+senator; it gives assurance of stability in the national councils, and
+tends to secure for them confidence at home and respect abroad; it raises
+senators "above the whims and caprices of their constituents, so that they
+may consult their solid interests, rather than their immediate wishes."
+
+[5] Under the confederation each state had from two to seven members of
+congress, but only one vote. If the delegation was equally divided on any
+question, or if only one member was present, the state lost its vote.
+
+By the present arrangement a state need not go entirely unrepresented on
+account of the absence of one of its senators.
+
+_Clause 2.--Classification and Vacancies._
+
+_Immediately after they shall be assembled in consequence of the first
+election, they shall be divided, as equally as may be, into three
+classes.[1] The seats of the senators of the first class shall be vacated
+at the expiration of the second year; of the second class, at the
+expiration of the fourth year; and of the third class, at the expiration
+of the sixth year;[2] so that one-third may be chosen every second year;
+and if vacancies happen by resignation, or otherwise, during the recess of
+the legislature of any state, the executive thereof may make temporary
+appointments until the next meeting of the legislature, which shall then
+fill such vacancies.[3]_
+
+[1] The object of this division is to secure for the Senate at all times a
+large proportion of experienced members. By this arrangement, too, the
+Senate becomes a permanent body, ready at any time to convene for the
+consideration of treaties, for the trial of impeachments, or for
+confirming executive appointments.
+
+[2] Only ten states were represented when, on May 15, 1789, this
+classification was first made. (North Carolina and Rhode Island had not
+yet ratified the constitution, and New York's senators had not yet
+presented their credentials.) The twenty senators had on the preceding day
+been grouped by name into three classes, two of seven senators each, and
+one of six. By the drawing of three numbered slips of paper, seven fell
+into class 1, seven into class 2, and six into class 3, with terms ending
+March 3, 1791, 1793, and 1795, respectively. After the classification had
+been fixed, the two senators from New York appeared. One was placed, by
+lot, in class 3 (thus filling the classes), and then the other, also by
+lot, in class 1. The two senators from the next state, North Carolina,
+were therefore placed in the unfilled classes 2 and 3. Since 1795, each
+class holds for six years, and a senator's term expires with that of his
+class.
+
+[3] Senators represent the state, and are elected by the body which acts
+for the state,--by the legislature if in session, temporarily by the
+governor if it is not.
+
+_Clause 3.--Qualifications_.
+
+_No person shall be a senator, who shall not have attained to the age of
+thirty years,[1] and been nine years a citizen of the United States,[2]
+and who shall not, when elected, be an inhabitant of that state from which
+he shall be chosen.[3]_
+
+[1] This was also the age for eligibility to the Roman Senate. It is five
+years more than the requirement for membership in the House.
+
+[2] Two years of citizenship more than required of a representative. As
+the Senate acts with the president in making treaties, this requirement
+seems none too great.
+
+[3] The propriety of this is self-evident. (I. 2: 2.)
+
+_Clause 4.--Presiding Officer._
+
+_The vice-president of the United States shall be president of the
+Senate,[1] but shall have no vote,[2] unless they be equally divided.[3]_
+
+[1] This arrangement was made for three reasons:
+
+First. It would give the vice-president something to do.
+
+Second. Partaking in the executive business of the Senate would give the
+vice-president excellent training for the duties of the presidency, in
+case he should be called thereto.
+
+Third. The equality of power among the states would remain undisturbed.
+Had it been arranged that the Senate should choose its own presiding
+officer from among its members, one state might thereby gain (or lose)
+power in the Senate.
+
+[2] Because he is not a member of the Senate. For this reason, also, he
+cannot take part in debates, nor can he appoint committees. These are
+elected by the Senate itself.
+
+[3] But for his casting vote; a "dead-lock" might occur on some important
+question. This "might give rise to dangerous feuds, or intrigues, and
+create state or national agitations."
+
+_Clause 5.--Other Officers._
+
+_The Senate shall choose their other officers,[1] and also a president pro
+tempore,[2] in the absence of the vice-president, or when he shall
+exercise the office of president of the United States._
+
+[1] These are similar to those of the House. (See p. 131.)
+
+[2] The president _pro tempore_ is chosen from among the senators. Being a
+senator, he can debate and vote upon any question. He cannot, of course,
+give a "casting vote," because that would virtually give him two votes.
+
+The president _pro tempore_ serves during the pleasure of the Senate, or
+until the expiration of his senatorial term.
+
+It is the general practice for the vice-president to vacate his chair at
+the beginning of the session, to permit the Senate to chose a president
+_pro tempore_, so that if during vacation the vice-president should become
+president, the Senate might not be without a presiding officer. Until
+recently this was quite important, for the president _pro tempore_ of the
+Senate was next to the vice-president in the succession to the presidency.
+But the succession has been changed. (See p. 190.)
+
+_Clause 6.--Impeachment._
+
+_The Senate shall have the sole power to try all impeachments.[1] When
+sitting for that purpose, they shall be on oath or affirmation.[2] When
+the president of the United States is tried, the chief Justice shall
+preside;[3] and no person shall be convicted without the concurrence of
+two-thirds of the members present.[4] Judgement in cases of impeachment
+shall not extend further than to removal from office, and disqualification
+to hold and enjoy any office of honor, trust or profit, under the United
+Sates;[5] but the party convicted shall, nevertheless, be liable and
+subject to indictment, trial, judgment and punishment, according to
+law.[6]_
+
+[1] For the mode of conducting impeachments, see pages 131 and 331.
+
+To have impeachments tried by a court of law would be unwise for several
+reasons: In the first place, judges should be kept free from political
+contests, in order that they may retain the proper judicial frame of mind.
+In the second place, judges are appointed by the executive, who may be the
+one impeached. Lastly, a judge is himself subject to impeachment.
+
+[2] To enhance the solemnity of the occasion. The British House of Lords
+when sitting as a high court of impeachment is not under oath. But courts
+usually are.
+
+[3] The vice-president, having interest in the result, would be
+disqualified. The chief justice, from the dignity of his station and his
+great experience in law, seems the fittest person to preside on such a
+grave occasion. Except in this single instance, however, the
+vice-president presides in trials on impeachment.
+
+[4] In an ordinary court, the verdict of the jury must be unanimous. To
+require similar agreement in this case would be to make it next to
+impossible ever to convict. To allow a bare majority to convict would be
+to place too little protection over a public officer.
+
+[5] But for this provision abuses of power might occur in times of
+political excitement and strife. The question which the Senate settles is
+simply whether, in view of the evidence, the accused is or is not worthy
+to hold public office.
+
+[6] This provision was inserted to prevent an official who had been
+deposed for crime from pleading the principle that "No one can be twice
+tried and punished for the same offense."
+
+
+WRITTEN EXERCISE.
+
+COMPARATIVE TABULATION.
+
+POINTS CONSIDERED.              HOUSE OF R.    SENATE
+
+Number...............................................
+                    Age
+Qualifications......Citizenship......................
+                    Inhabitancy
+Election.............................................
+Term.................................................
+Vacancy..............................................
+Presiding Officer  Title.............................
+                   How Chosen........................
+Sole Powers..........................................
+        _Debate._
+
+Resolved, That United States Senators should be elected by the people.
+
+
+_Pertinent Questions._
+
+Name the present senators from this state. When were they elected? Were
+they elected to fill a vacancy or for a full term? How many times has each
+been elected?
+
+How many more senators has New York that Rhode Island? How many members in
+the present Senate? How many in each class? When the next state is
+admitted, in what classes will its senators be placed? How will the class
+of each be decided?
+
+Why not have senators chosen for life?
+
+If one of our senators should resign today, to whom would the resignation
+be addressed? How would the vacancy be filled? How long would the
+appointee serve? Could the governor appoint himself?
+
+How long at least must an alien live in the United States before being
+eligible to the Senate? Has anyone ever been refused admission, after
+being duly elected, on account of shortness of citizenship?
+
+Who is now vice-president? Who is president _pro tempore_ of the Senate?
+Why is it not correct under any circumstances to speak of the president
+_pro tempore_ as vice-president?
+
+Has the vice-president's vote ever helped to carry any measures of great
+importance?
+
+If every senator be "present," what number of senators would it take to
+convict? Does the accused continue to perform his official duties during
+the trial? Was President Johnson impeached? Is there any appeal from the
+Senate's verdict? How do senators vote in cases of impeachment? How is
+judgment pronounced?
+
+What punishments follow conviction on impeachment in other countries?
+
+What is treason? Bribery? What are crimes? High crimes? Misdemeanors?
+
+How is an impeachment trial conducted? (See appendix.)
+
+
+SECTION IV.--ELECTIONS AND MEETINGS.
+
+_Clause 1.--Elections to Congress._
+
+_The times, places and manner of holding elections for senators and
+representatives, shall be prescribed in each state by the legislature
+thereof: but the congress may at any time, by law, make or alter such
+regulations,[1] except as to the place of choosing senators.[2]_
+
+[1] Until 1842 these matters were left entirely with the several states.
+Congress then provided that representatives should be elected by districts
+of contiguous territory, equal to the number of representatives. It has
+since provided that elections for representatives shall be by ballot, and
+that the election shall be on the first Tuesday after the first Monday of
+November in the even numbered years.
+
+The time and mode of electing senators are given on page 333.
+
+[2] This would in effect be giving congress power to locate the capital of
+a state.
+
+_Clause 2.--Meetings._
+
+_The congress shall assemble at least once in every year, and such meeting
+shall be on the first Monday in December, unless they shall by law appoint
+a different day._
+
+They have _not_ by law appointed a different day.
+
+"Annual meetings of the legislature have long been deemed, both in England
+and America, a great security to liberty and justice." By making provision
+in the constitution for annual meetings, the duty could not be evaded.
+
+Extra sessions of congress may be called at any time by the president or
+be provided by law. There used to be three sessions, one beginning March
+4.
+
+The _place_ of meeting is not named, because the capital had not been
+located, and in some cases it might be desirable to hold the session
+elsewhere.
+
+
+SECTION V. SEPARATE POWERS AND DUTIES.
+
+_Clause 1. Membership: Quorum._
+
+_Each house shall be the judge of the elections, returns and
+qualifications of its own members,[1] and a majority of each shall
+constitute a quorum to do business;[2] but a smaller number may adjourn
+from day to day, and may be authorized to compel the attendance of absent
+members, in such manner, and under such penalties, as each house may
+provide.[3]_
+
+[1] This means simply that each house has the power to determine who are
+entitled to membership in it. This has long been recognized in free
+countries as a right belonging to a legislative body, necessary to the
+maintenance of its independence and purity--even its existence. But when
+the parties are nearly balanced, the majority is tempted to seat its
+fellow-partizan.
+
+[1] This is the number usually established as a quorum for a deliberative
+body. Certainly no smaller number should have a right to transact
+business, for that would give too much power to an active minority. And to
+require more than a majority, would make it possible for a minority to
+prevent legislation.
+
+[3] Under the rules no member has a right to be absent from a session
+unless excused or sick. Unexcused absentees, unless sick, may be arrested
+and brought to the capitol by the sergeant-at-arms or a special messenger.
+
+When fewer than fifteen members are present, they usually adjourn.
+
+_Clause 2.--Discipline._
+
+_Each house may determine the rules of its proceedings,[1] punish its
+members for disorderly behavior, and with the concurrence of two-thirds,
+expel a member.[2]_
+
+[1] The rules are intended to facilitate business, by preventing confusion
+and unnecessary delay. They are designed also to check undue haste.
+
+The rules of each house are based upon the English parliamentary practice,
+as are the rules of all legislative or deliberative bodies wherever the
+English language is spoken. (See "Manuals" of Senate and House.)
+
+[2] It seems unlikely that even in times of great excitement two-thirds of
+either house would favor expulsion unless it were deserved. This is also,
+it will be observed, the number necessary to convict in case of
+impeachment.
+
+_Clause 3.--Publicity._
+
+_Each house shall keep a journal of its proceedings, and, from time to
+time, publish the same,[1] excepting such parts as may, in their judgment,
+require secrecy;[2] and the yeas and nays[3] of the members of either
+house, shall at the desire of one-fifth of those present, be entered on
+the journal.[4]_
+
+[1] This is to give publicity to the proceedings of congress, for the
+benefit of both legislators and constituents. This provision is a valuable
+one, in spite of the fact that demagogues are sometimes able thereby to
+gain cheap glory.
+
+To give still further publicity to the proceedings, spectators and
+newspaper reporters are admitted to the gallery of each house, and members
+may have their speeches printed and distributed.
+
+[2] The House of Representatives rarely has a secret session. But the
+Senate still keeps its executive sessions secret.
+
+[3] For methods of voting see page 314.
+
+[4] The purpose of this provision is to make members careful how they
+vote, for the record is preserved. It will be noticed that the number
+necessary to secure the record is small.
+
+While this provision is intended to protect the minority, by enabling them
+to impose responsibility upon the majority, it is open to abuse. It is
+sometimes used by a minority to delay unnecessarily the proper transaction
+of business. (For a graphic account of "filibustering," see Among the Law
+Makers, 165-173.)
+
+_Clause 4--Adjournment._
+
+_Neither house, during the session of congress, shall without the consent
+of the other, adjourn for more than three days, nor to any other place
+than that in which the two houses shall be sitting._
+
+The purpose of this provision is evident.
+
+The sessions of congress may end in any one of three ways:
+
+1. The terms of representatives may end.
+
+2. The houses may agree to adjourn.
+
+[Illustration: SENATE CHAMBER]
+
+[Illustration: HOUSE OF REPRESENTATIVES]
+
+[Illustration: STATE, WAR AND NAVY DEPARTMENTS.]
+
+[Illustration: INTERIOR DEPARTMENT]
+
+3. In case of disagreement between the houses as to the time of
+adjournment, the president may adjourn them. (This contingency has never
+yet arisen, however.)
+
+
+SECTION VI. MEMBERS.
+
+_Clause 1.--Privileges._
+
+_The senators and representatives shall receive a compensation for the
+services,[1] to be ascertained by law,[2] and paid out of the treasury of
+the United States.[3] They shall in all cases except treason,[4]
+felony,[4] and breach of the peace, be privileged from arrest during their
+attendance at the session of their respective houses, and in going to and
+returning from the same;[5] and for any speech or debate in either house,
+they shall not be questioned in any other place.[6]_
+
+[1] See discussion in connection with state legislature, p. 85.
+
+[2] The salary of congressmen is, therefore, fixed by themselves, subject
+only to the approval of the president. It is now $5000 a year, and
+mileage. The speaker receives $8000 a year and mileage. The president _pro
+tempore_ of the Senate receives the same while serving as president of the
+Senate.
+
+[3] They are serving the United States.
+
+[4] Defined on pages 158 and 211.
+
+[5] So that their constituents may not for frivolous or sinister reasons
+be deprived of representation.
+
+[6] That is, he cannot be sued for slander in a court of justice, but he
+can be checked by his house, if necessary, and the offensive matter
+omitted from the Record.
+
+The purpose of this provision is not to shield cowards in speaking ill of
+persons who do not deserve reproach, but to protect right-minded members
+in exposing iniquity, no matter how the doers of it may be intrenched in
+wealth or power.
+
+_Clause 2.--Restrictions._
+
+_No senator or representative shall, during the time for which he was
+elected, be appointed to any civil office under the authority of the
+United States, which shall have been created, or the emoluments whereof
+shall have been increased during such time;[1] and no person holding any
+office under the United States shall be a member of either house during
+his continuance in office.[2]_
+
+[1] The obvious purpose of this provision is to remove from members of
+congress the temptation to create offices with large salaries for their
+own benefit, or to increase for a similar reason the salaries of offices
+already existing. It was designed also to secure congress from undue
+influence on the part of the president.
+
+The wisdom of the provision has, however, been seriously questioned. "As
+there is a degree of depravity in mankind, which requires a certain degree
+of circumspection and distrust, so there are other qualities in human
+nature, which justify a certain portion of esteem and confidence.
+Republican government presupposes the existence of these qualities in a
+higher form, than any other. It might well be deemed harsh to disqualify
+an individual from any office, clearly required by the exigencies of the
+country, simply because he had done his duty.... The chances of receiving
+an appointment to a new office are not so many, or so enticing, as to
+bewilder many minds; and if they are, the aberrations from duty are so
+easily traced, that they rarely, if ever, escape the public reproaches.
+And if influence is to be exerted by the executive, for improper purposes,
+it will be quite as easy, and its operation less seen, and less suspected,
+to give the stipulated patronage in another form." [Footnote: Judge
+Story.]
+
+[2] This was to obviate state jealousy, to allay the fears entertained by
+some that the general government would obtain undue influence in the
+national councils.
+
+
+TABULAR VIEW.
+
+Each pupil may make out a tabulation, giving briefly the facts called for
+in this outline:
+
+I. CONGRESSIONAL ELECTIONS, HOW REGULATED.
+II. SESSIONS OF CONGRESS--
+     1. Frequency.
+     2. Time of beginning.
+III. POWERS AND DUTIES OF EACH HOUSE--
+     1. Membership.
+     2. Quorum.
+     3. Discipline.
+     4. Publicity.
+     5. Adjournment.
+IV. MEMBERS OF CONGRESS--
+     1. Privileges.
+     2. Restrictions.
+
+
+_Debate._
+
+Resolved, That members of the cabinet should have seats in congress _ex
+officio._
+
+
+_Pertinent Questions._
+
+Why not leave the power to regulate congressional elections unreservedly
+with the states? Where are the United States senators from this state
+elected?
+
+How are United States senators elected? See appendix.
+
+Is congress now in session? Will the next session be the long or the short
+one? When, within your recollection, was there an "extra session" of
+congress? Could the president convene one house without the other? Which
+is the longest session of congress on record? Does congress meet too
+often?
+
+Where does congress now meet? Is that the best place? At what different
+places has congress met since the adoption of the constitution?
+
+If two persons should claim the same seat in the House of Representatives,
+who would decide between them? How would the contest be carried on? (See
+page 330.) Has there ever been a "contested" election from this state?
+
+What number of representatives is the least that could transact business?
+The least number of senators? The least number of representatives that
+could possibly pass a bill? Of senators? What is done if at any time
+during the proceedings it is found that there is "no quorum present?"
+
+Has a member ever been expelled from either house? May either house punish
+for disorder persons who are not members? Can either house temporarily set
+aside all of its rules?
+
+Did you ever see a copy of the Congressional Record? If congress be now in
+session, make a weekly report of its proceedings. How could you see
+congress in session? Could you be a spectator at a committee meeting? How
+could you witness an "executive session" of the Senate?
+
+Can a member be punished for an offense committed before he was elected?
+
+How is voting usually done in a deliberative assembly? How in Congress?
+How are territories represented in congress?
+
+Distinguish between the "capital" and the "capitol" of the United States.
+Who has power to locate the capital of the United States?
+
+Has the salary of congressmen ever been more than $5000 a year? How were
+congressmen paid under the confederation?
+
+What is meant by the House resolving itself into a _committee of the
+whole?_
+
+When does the freedom from arrest of a member of congress begin? When does
+it end? Could a summons be served upon him during that time?
+
+What is slander? Libel? Is a member of congress liable for the publication
+of his speech in the Congressional Record? Would he be responsible if he
+should have it published in any other than the official way?
+
+Can a member of congress resign to accept an office already in existence,
+and whose emoluments have not been increased during his term? Give
+examples. If a United States officer be elected to congress, how long can
+he retain his office? Could a member of congress be appointed to a
+_military_ office created during his term? Can a member be appointed
+_after his term is out_ to an office created during his term?
+
+Is a member of congress an officer of the United States?
+
+
+SECTION VII.--LAW MAKING.
+
+_Clause 1.--Revenue Bills._
+
+_All bills for raising revenue[1] shall originate in the House of
+Representatives;[2] but the Senate may propose or concur with amendments,
+as on other bills.[3]_
+
+[1] That is, bills in relation to the levying of taxes or for bringing
+money into the treasury in any other way.
+
+[2] Because the representatives are nearer to the people, who must pay the
+taxes, and can therefore be more readily held to account.
+
+[3] Such bills in England originate in the House of Commons, and the House
+of Lords has no power of amendment.
+
+The purpose of giving the Senate power to amend is to preserve the due
+influence of the small states in this important matter.
+
+_Clause 2.--Mode of Making Laws._
+
+_Every bill which shall have passed the House of Representatives and the
+Senate,[1] shall, before it becomes a law, be presented to the president
+of the United States;[2] if he approve, he shall sign it; but if not, he
+shall return it, with his objections, to that house in which it shall have
+originated, who shall enter the objections at large on their journal, and
+proceed to reconsider it. If, after such reconsideration, two-thirds of
+that house shall agree to pass the bill, it shall be sent, together with
+the objections, to the other house, by which it shall likewise be
+considered, and, if approved by two-thirds of that house, it shall become
+a law.[3] But in all such cases the votes of both houses shall be
+determined by yeas and nays, and the names of the persons voting for and
+against the bill shall be entered on the journal of each house,
+respectively.[4] If any bill shall not he returned by the president within
+ten days (Sundays excepted) after it shall have been presented to him, the
+same shall he a law, in like manner as if he had signed it,[5] unless the
+congress, by their adjournment, prevent its return, in which case it shall
+not be a law.[6] [1] Or the Senate and House of Representatives, since any
+bills except those for raising revenue may originate in either house.
+
+[2] The two great purposes of giving the president a negative upon
+legislative acts, are to protect the proper authority of the executive
+from the encroachments of the congress, and to interpose a stay on hasty
+legislation.
+
+[3] The veto of the Roman Tribune was final, as is that of almost every
+European sovereign today. _But no British king or queen has vetoed an act
+of Parliament in the last hundred and eighty years._ In Norway, if a bill,
+vetoed by the king, passes three successive Storthings, it becomes a law.
+
+[4] To secure a permanent record for future reference. This helps to
+render members careful how they vote.
+
+[5] This gives due time for consideration, but prevents the president's
+killing a bill by ignoring or neglecting it.
+
+[6] Thus congress (which has the very human failing of "putting off" or
+postponing) cannot break down the veto power of the president, by pouring
+an avalanche of bills upon him within the last few days of the session.
+
+But the president can easily kill any bill which he does not like, if it
+is presented within ten days of the adjournment of congress, simply by
+keeping it. This is called "pocketing" a bill, or "the pocket veto."
+
+_Clause 3.--Joint Resolutions._
+
+_Every order, resolution, or vote to which the concurrence of the Senate
+and House of Representatives may be necessary (except on a question of
+adjournment), shall be presented to the president of the United States;
+and before the same shall take effect, shall be approved by him, or, being
+disapproved by him, shall be repassed by two-thirds of the Senate and
+House of Representatives, according to the rules and limitations
+prescribed in the case of a bill._
+
+The purpose of this provision is to prevent congress from passing a law
+under some other name.
+
+The resolution to adjourn is excepted, because, as we have seen, the time
+for adjournment is generally a matter of agreement between the houses.
+
+A resolution passed by the two houses, but not intended to have the force
+of law, such as an agreement to do something, is called a concurrent
+resolution, and does not require the president's signature.
+
+
+_Pertinent Questions._
+
+What is a "bill?" What is meant by entering the objections "at large?" Why
+is there no committee of ways and means in the Senate?
+
+How many members in each house does it take for the first passage of a
+bill? How many after the president's veto? Does the expression two-thirds
+refer to the entire number in a house, or to the number voting?
+
+State three ways in which a bill may become a law. Five ways in which it
+may fail.
+
+During what time has the president the equivalent of an absolute veto?
+
+Does a resolution merely expressing an _opinion_ of either or both houses
+need the president's signature? Does a resolution proposing an amendment
+to the constitution?
+
+Is the president bound to enforce a law passed over his veto?
+
+
+_A Summary._
+
+"We have now completed the review of the structure and organization of the
+legislative department; and it has been shown that it is admirably adapted
+for a wholesome and upright exercise of the powers confided to it. All the
+checks which human ingenuity has been able to devise, or at least all
+which, with reference to our habits, our institutions, and our diversities
+of local interests, to give perfect operation to the machinery, to adjust
+its movements, to prevent its eccentricities, and to balance its forces:
+all these have been introduced, with singular skill, ingenuity and wisdom,
+into the arrangements. Yet, after all, the fabric may fall; for the work
+of man is perishable. Nay, it must fall, if there be not that vital spirit
+in the people, which alone can nourish, sustain and direct all its
+movements. If ever the day shall arrive, in which the best talents and the
+best virtues, shall be driven from office by intrigue or corruption, by
+the denunciations of the press or by the persecution of party factions,
+legislation will cease to be national. It will be wise by accident, and
+bad by system." [Footnote: Story's Exposition of the Constitution of the
+United States.]
+
+
+_Review._
+
+Compare the organization of congress under the constitution with that of
+congress under the confederation. Show the superiority of our present
+organization. Specify some of the "checks" referred to by Judge Story.
+
+Read Woodrow Wilson's Congressional Government, pp. 40, 41, 52, 219, 228,
+283-5, 311. Also, Among the Lawmakers, Chapter 33.
+
+
+
+
+CHAPTER XXII.
+
+SECTION VIII.--POWERS VESTED IN CONGRESS.
+
+
+_Clause 1.--Taxation._
+
+_Congress shall have power:_
+
+_To lay and collect taxes[1], duties, imposts and excises, to pay the
+debts and provide for the common defense and general welfare of the United
+States;[2] but all duties, imposts and excises shall be uniform throughout
+the United States.[3]_
+
+For discussion of methods of taxation, see page 316.
+
+[1] The want of power in congress to impose taxes was, perhaps, the
+greatest defect of the articles of confederation; therefore in the
+constitution this was the first power granted to congress.
+
+[2] As usually interpreted, the phrase beginning, "to pay the debts," is
+intended to state the purposes for which taxes may be levied. But this
+limitation is merely theoretical, for taxes are levied before being
+expended.
+
+[3] This is to prevent legislation in favor of any state or section, as
+against other states or sections.
+
+_Clause 2.--Borrowing._
+
+_To borrow money on the credit of the United States._
+
+It should not be necessary, ordinarily, for congress to exercise this
+power. But in times of war the regular sources of income may not be
+sufficient, hence the necessity of this power to provide for extraordinary
+expenses. It is one of the prerogatives of sovereignty; it is
+indispensable to the existence of a nation.
+
+For more about national borrowing, see page 317.
+
+_Clause 3.--Regulation of Commerce._
+
+_To regulate commerce[1] with foreign nations, and among the several
+states,[2] and with the Indian tribes.[3]_
+
+[1] The power to regulate commerce implies the power to prescribe rules
+for traffic and navigation, and to do such things as are necessary to
+render them safe. It has been interpreted to cover, among other things,
+the imposition of duties, the designation of ports of entry, the removal
+of obstructions in bays and rivers, the establishment and maintenance of
+buoys and lighthouses, and legislation governing pilotage, salvage from
+wrecks, maritime insurance, and the privileges of American and foreign
+ships.
+
+[2] The power to regulate commerce with foreign nations should go hand in
+hand with that of regulating commerce among the states. This power had,
+under the confederation, been in the hands of the several states. Their
+jealousies and rivalries had led to retaliatory measures upon each other.
+This condition of affairs was encouraged by other nations, because they
+profited by it. At the time of the adoption of the constitution, business
+was terribly depressed, and the bitterness of feeling among the states
+would probably soon have disrupted the Union. Therefore, "to insure
+domestic tranquility," and "to promote the general welfare," the power to
+regulate commerce was delegated to the general government.
+
+[3] This control is exercised even when the Indians live within the
+boundaries of a state.
+
+By placing the power to regulate commerce with Indians in the hands of the
+general government it was hoped that uniformity of regulations and the
+strength of the government would secure peace and safety to the frontier
+states.
+
+_Clause 4.--Naturalization and Bankruptcy._
+
+_To establish a uniform rule of naturalization[1] and uniform laws on the
+subject of bankruptcies[2] throughout the United States._
+
+[1] Naturalization is the process by which an alien becomes a citizen. The
+mode is given on page 319.
+
+[2] A bankrupt is one who has been declared by a court to be owing more
+than he can pay.
+
+The purposes of a bankrupt law are:
+
+1. To secure an equitable distribution of all the debtor's property among
+the creditors.
+
+2. To secure to the debtor a complete discharge from the indebtedness.
+
+_Clause 5.--Coinage and Measures._
+
+_To coin money,[1] regulate the value thereof[2] and of foreign coin,[3]
+and fix the standard of weights and measures.[4]_
+
+[1] This is another "sovereign power," and cannot be exercised by states,
+counties or cities. Coinage by the United States secures uniformity in
+value, and thereby facilitates business.
+
+To "coin money" is simply to stamp upon a precious metal the value of the
+given piece. [Footnote: When metals were first used as money, they were
+weighed and their purity was determined by testing. This invited fraud.]
+For convenience in business transactions, these are coined of certain
+sizes. To discourage the mutilation of coins for sinister purposes, they
+are "milled" on the edges, and the stamp covers each face so that the
+metal could hardly be cut off without the coin showing defacement.
+
+[2] The value is shown by the stamp.
+
+[3] Otherwise, foreign coin would become an article of commerce, and it
+would be more difficult to regulate the value of domestic coin.
+
+[4] This power congress has never exercised. But see Johnson's Cyclopedia,
+article Gallon.
+
+_Clause 6.--Punishment of Counterfeiting._
+
+_To provide for the punishment of counterfeiting the securities and
+current coin of the United States._
+
+This is "an indispensable appendage" of the power granted in the preceding
+clause, that of coining money.
+
+To discourage counterfeiting, the "securities" are engraved with rare
+skill and upon peculiar paper. The penalties for counterfeiting are
+printed on the back of some of the "greenbacks."
+
+Under "securities" are included bonds, coupons, national currency,
+"greenbacks," revenue and postage stamps, and all other representatives of
+value issued under any act of congress.
+
+_Clause 7.--Postoffices._
+
+_To establish postoffices[1] and post roads.[2]_
+
+[1] The beneficence and usefulness of the postoffice every one can
+appreciate; it ministers to the comfort of all, rich and poor.
+
+Placing the management of the postoffices with the general government
+secures greater efficiency and economy than would be possible if it were
+vested in the states.
+
+[2] Congress generally uses roads already in existence. These are
+regularly selected, however, and declared to be post roads before they are
+used as such. The "road" may be a waterway.
+
+But under authority of this clause congress has established some post
+roads. The principal highway thus established was the Cumberland road from
+the Potomac to the Ohio. The Union Pacific and Central Pacific railways
+were built under the authority and with the assistance of the United
+States as post and military roads.
+
+_Clause 8.--Copyrights and Patents._
+
+_To promote the progress of science and useful arts, by securing, for
+limited times, to authors and inventors, the exclusive right to their
+respective writings and discoveries._
+
+No one denies that an author or inventor is entitled to a fair reward for
+what he has done. But if every one were at liberty to print the book or to
+make the article invented, the due reward might not be received.
+
+The wisdom of granting this power to the general government becomes
+apparent when we consider how poorly the end might be secured if the
+matter were left to the states. A person might secure a patent in one
+state and be entirely unprotected in the rest.
+
+For further information upon this subject, see pages 318-19.
+
+_Clause 9.--United States Courts._
+
+_To constitute tribunals inferior to the Supreme Court._
+
+Under this provision, congress has thus far constituted the following:
+
+1. United States Circuit Courts of Appeal, one in each of the nine
+judicial circuits of the United States.
+
+2. United States Circuit Courts, holding at least one session annually in
+each state.
+
+3. United States District Courts, from one to three in each state. See
+pages 307-9.
+
+4. A United States Court of Claims, to hear claims against the government.
+Such claims were formerly examined by congress.
+
+Although not strictly United States Courts, the following may also be
+mentioned here, because they were established under authority of this
+clause:
+
+1. The Supreme Court of the District of Columbia.
+
+2. A Supreme Court and District Courts in each territory.
+
+"Constituting" these courts involves establishing them, designating the
+number, appointment, and salaries of the judges, and the powers of each
+court. The term of United States judges is "during good behavior." This is
+fixed by the constitution (Art. III., section 1). The term of a
+territorial judge is four years.
+
+_Clause 10.--Crimes at Sea._
+
+_To define and punish piracies[1] and felonies[2] committed on the high
+seas[3] and offenses against the law of nations.[4]_
+
+[1] Piracy is robbery at sea, performed not by an individual but by a
+ship's crew. Pirates are outlaws, and may be put to death by any nation
+capturing them.
+
+[2] A felony is any crime punishable by death or state prison. Felony
+covers murder, arson, larceny, burglary, etc. But congress may define
+piracy and felony to cover more or fewer crimes.
+
+[3] The "high seas" are the waters of the ocean beyond low water mark. Low
+water mark is the limit of jurisdiction of a state, but the jurisdiction
+of the United States extends three miles further into the ocean, and
+includes all bays and gulfs.
+
+Beyond the three-mile limit, the ocean is "common ground," belonging not
+to one nation but to all. Each nation has jurisdiction, however, over its
+merchant ships on the high seas, but not in a foreign port, and over its
+war ships everywhere.
+
+[4] For an outline of the Law of Nations, see page 346.
+
+Cases arising under this clause have been placed in the jurisdiction of
+the United States District Courts.
+
+_Clause 11.--Declaration of War._
+
+_To declare war,[1] grant letters of marque and reprisal[2] and make rules
+concerning captures on land and water.[3]_
+
+[1]: A declaration of war is a solemn notice to the world that hostilities
+actually exist or are about to commence.
+
+The power to declare war is one of the attributes of sovereignty. If this
+power were in the hands of the several states, any one of them could at
+any time involve the whole country in the calamities of war, against the
+wishes of all the other states. With all their fear of the general
+government, shown in the character of the articles of confederation, the
+people in framing that instrument saw the necessity of vesting this power
+in the general government.
+
+In monarchies, the power to declare war is generally vested in the
+executive. But in a republic, it would be dangerous to the interests and
+even the liberties of the people, to entrust this power to the president.
+
+To put the thought in other words, the power to declare war belongs to the
+sovereign: in this country, the people are sovereign, therefore the power
+to declare war belongs to the people, and they act through their
+representative body, congress. (See pages 351-4.)
+
+[2] These are commissions granted to private persons usually in time of
+war, authorizing the bearer to pass beyond the boundaries of his own
+country for the purpose of seizing the property of an enemy.
+
+Sometimes such a letter is granted in times of peace, "to redress a
+grievance to a private citizen, which the offending nation refuses to
+redress." By authority of such a commission, the injured individual may
+seize property to the value of his injury from the subjects of the nation
+so refusing. But this practice is properly becoming rare.
+
+[3] Vessels acting under letters of marque and reprisal are called
+_privateers_, and the captured vessels are called _prizes_.
+
+Prizes are usually sold under authority of the United States District
+Court, and the proceeds divided among the crew of the ship making the
+capture.
+
+The proceeds of captures on land belong to the government.
+
+_Clause 12.--Maintenance of Armies._
+
+To raise and support armies;[1] but no appropriation of money to that use
+shall be for a longer term than two years.[2]_
+
+[1] This is another sovereign power, and would seem the necessary
+accompaniment of the power to declare war. Under the confederation,
+however, congress could only designate the quota of men which each state
+ought to raise, and the actual enlistment of men was done by the several
+states. Their experience in carrying on the Revolutionary War on that
+basis satisfied them that efficiency and economy would both be secured by
+vesting this power in the general government.
+
+[2] But to prevent misuse of the power, this proviso was inserted. As
+representatives are elected every two years, the people can promptly check
+any attempt to maintain an unnecessarily large army in times of peace.
+
+A standing army is dangerous to liberty, because it is commanded by the
+executive, to whom it yields unquestioning obedience. Armies obey
+_commands_, while citizens comply with _laws_. And thus a large standing
+army creates a _caste_, out of sympathy with the lives of citizens. More
+than one republic has been overthrown by a successful military leader,
+supported by a devoted army.
+
+As a matter of fact, congress makes the appropriation annually.
+
+_Clause 13.--The Navy._
+
+_To provide and maintain a navy._
+
+The navy is necessary to protect fisheries and commerce. And in times of
+war the navy is needed to protect our sea coast, to transport soldiers, to
+cripple the enemy's resources, and to render blockades effectual.
+
+It will be noticed that there is no limitation upon appropriations for the
+navy. This is for two general reasons: First, there is nothing to fear
+from a navy. "No nation was ever deprived of its liberty by its navy."
+Second, it takes time to provide a navy, and it should therefore be kept
+at all times in a state of efficiency.
+
+For further information about the army and navy, see page 309.
+
+_Clause 14.--Army and Navy Regulations._
+
+_To make rules for the government and regulation of the land and naval
+forces._
+
+This is an incident to the preceding powers.
+
+The army and navy regulations prescribe duties of officers, soldiers and
+seamen, and provide for the organization and management of courts martial.
+Disobedience to orders and insubordination are crimes in a soldier or
+sailor; and refusal to pay just debts or any other conduct "unbecoming to
+a gentleman," are punishable offenses in an officer. Thus it is seen that
+military law takes cognizance of offenses not usually noticed by civil
+law.
+
+_Clause 15.--The Militia._
+
+_To provide for calling forth the militia[1] to execute the laws of the
+Union, suppress insurrections and repel invasions.[2]_
+
+[1] Congress has declared the militia to be "all citizens and those who
+have declared their intention to become such, between the ages of eighteen
+and forty-five." These constitute what is called the unorganized militia.
+The military companies and regiments formed by authority of United States
+and state laws constitute the organized militia.
+
+One of two policies we must pursue, either to maintain a large standing
+army or to depend upon the citizen-soldiers to meet emergencies. For
+several reasons, we prefer the latter. That our citizen-soldier may be
+depended upon has been demonstrated on many a battlefield.
+
+[2] The clause specifies the purposes for which the militia may be called
+out. These are three in number. Each state may for similar purposes call
+forth its own militia.
+
+Under the laws of congress, the president is authorized in certain
+emergencies to issue the call. This he directs to the governors of states,
+and those called on are bound to furnish the troops required.
+
+On three occasions only have the militia been called out under this clause:
+In the Whisky Rebellion of 1794, to enforce the laws; in the war of 1812,
+to repel invasion; and in the Civil War, to suppress insurrection.
+
+_Clause 16.--Organization of the Militia._
+
+_To provide for organizing, arming, and disciplining the militia, and for
+governing such part of them as may be employed in the service of the
+United States,[1] reserving to the states respectively, the appointment of
+the officers, and the authority of training the militia according to the
+discipline prescribed by congress.[2]_
+
+[1] Thus only can the uniformity so essential to efficiency be secured.
+
+[2] This is designed as a proper recognition of the right of each state to
+have militia companies and to control them, subject only to the necessary
+limitation mentioned.
+
+The militia of a state consists of one or more regiments, with the proper
+regimental and company officers appointed by state authority. When these
+are mustered into the service of the United States and are formed into
+brigades and divisions, the appointment of the general officers is vested
+in the president.
+
+_Clause 17.--Exclusive Legislation._
+
+_To exercise exclusive legislation in all cases whatsoever, over such
+district (not exceeding ten miles square) as may, by the cession of
+particular states, and the acceptance of congress, become the seat of
+government of the United States,[1] and to exercise like authority over
+all places purchased by the consent of the legislature of the state in
+which the same shall be, for the erection of forts, magazines, arsenals,
+dock yards, and other needful buildings.[2]_
+
+[1] This refers to the territory afterwards selected, and now known as the
+District of Columbia.
+
+The purpose of this provision is to free the general government from
+having to depend upon the protection of any state, and to enable it to
+secure the public buildings and archives from injury and itself from
+insult. [Footnote: The Continental Congress, while the capital was at
+Philadelphia, had to adjourn to Princeton to escape the violence of some
+dissatisfied soldiers. See Fiske's Critical Period of American History,
+page 112.]
+
+Congress governed the District of Columbia directly until 1871, when for
+three years the experiment was tried of governing it as a territory. The
+territorial government in that time ran in debt over $20,000,000 for
+"public improvements," and congress abolished it.
+
+The supervision of the district is now in the hands of three
+commissioners, appointed by the president, but controlled by congressional
+legislation.
+
+[2] The propriety of the general government having exclusive authority
+over such places is too obvious to need comment. Crimes committed there
+are tried in the United States District Courts, but according to the laws
+of the state or territory.
+
+The state in making the cession usually reserves the right to serve civil
+and criminal writs upon persons found within the ceded territory, in order
+that such places may not become asylums for fugitives from justice.
+
+_Clause 18.--Implied Powers._
+
+_To make all laws which shall be necessary and proper for carrying into
+execution the foregoing powers, and all other powers vested by this
+constitution in the government of the United States, or in any department
+or officer thereof._
+
+This clause does not grant any new power. "It is merely a declaration, to
+remove all uncertainty, that every power is to be so interpreted, as to
+include suitable means to carry it into execution." [Footnote: Story.]
+
+It will be noticed that the powers of congress are enumerated, not
+defined, in the constitution; and the above clause has given rise to the
+doctrine of "implied powers," the basis of many political controversies.
+
+Following are samples of "implied powers:"
+
+By clause 2, congress has power "to borrow money on the credit of the
+United States." Implied in this, is the power to issue securities or
+evidences of debt, such as treasury notes. "To increase the credit of the
+United States, congress may make such evidences of debt a legal tender for
+debts, public and private." [Footnote: Lalor's Cylopedia of Political
+Science.]
+
+Congress has power (clause 11) "to declare war." By implication it has
+power to prosecute the war "by all the legitimate methods known to
+international law." To that end, it may confiscate the property of public
+enemies, foreign or domestic; it may confiscate, therefore, their slaves.
+(See Emancipation Proclamation, page 362. For a hint of what congress
+_might_ do, see Among the Lawmakers, p. 296.)
+
+
+_Pertinent Questions._
+
+1. In what two ways may the first part of the first clause be interpreted?
+In what ways does the government levy taxes? How much of the money paid to
+the local treasurer goes to the United States? Have you ever paid a U.S.
+tax? Did you ever buy a pound of nails? Do you remember the "stamps" that
+used to be on match boxes? How came they there? Was that a direct or an
+indirect tax? A man who pays for a glass of beer or whisky pays a U.S.
+tax. How? Every time a person buys a cigar he pays a U.S. tax. If there be
+a cigar factory within reach, talk with the proprietor about this matter.
+Look at a cigar box and a beer keg to find some evidence of the tax paid.
+Name some things which were taxed a few years ago but are not now. What is
+a custom house? A port of entry? What are they for? Name the port of entry
+nearest to you. What is the present income of the United States from all
+kinds of taxation? What is done with the money? Look up the derivation of
+the word _tariff_.
+
+2. _How_ does the government "borrow?" Does the government owe you any
+money? If you have a "greenback," read its face. If the government is
+unable or unwilling to pay a creditor, what can he do? What is the
+"credit" of the United States? How much does the United States government
+owe, and in what form is the debt? How came it to be so large? Is the
+government paying it up? How much has been paid this fiscal year? What
+rate of interest has the government to pay? What is the current rate for
+private borrowers? How is it that the government can borrow at so low a
+rate? What is a "bond-call," and how is it made?
+
+3. Has congress power to _prohibit_ commerce with one or more foreign
+nations? Has it power to regulate commerce carried on wholly within a
+state? Can you buy lands from the Indians? Can the state? Has congress
+imposed a tariff to be paid in going from one state to another? What has
+requiring the engineer of a steamboat to secure a government license to do
+with "regulating commerce?" When did congress under this clause prohibit
+American merchant ships from leaving port? Under what provision of the
+constitution does congress impose restrictions upon the railroads? Does
+congress exercise any control over railroads lying wholly within one
+state? Why?
+
+4. How can an alien become naturalized? Who are citizens of the United
+States? (See Amend. XIV.) Is a child of American parents, born during a
+temporary absence from this country, a citizen or an alien? An alien
+living in this country has children born here; are they citizens or
+aliens? A child is born on the ocean, while its parents are on the way
+here to found a new home and intending to become citizens; what is the
+status of the child? Are you a citizen? How may female aliens become
+citizens? Why should they desire to do so? How did citizens of Texas at
+the time of its admission become citizens of the United States?
+
+What is an insolvent law? Has this state such a law? Can this state pass a
+bankrupt law? Can any state? Why? Is there any United States bankrupt law?
+Has congress ever passed such a law?
+
+5. What is money? Is a bank bill money? Read one and see whether it
+pretends to be. What gold coins have you ever seen? What others have you
+heard of? What silver coins have you ever seen? What others have you heard
+of? What other coins have you seen or heard of? How are coins made? Where
+is the United States mint located? Where are the branch mints? How much
+value does the stamp of the government add to a piece of gold? Is there a
+dollar's worth of silver in a silver dollar? Why? (See Jevons' Money and
+the Mechanism of Exchange.)
+
+How are national banks organized? (See appendix.) Under what
+constitutional provision does congress exercise this power? Are any banks
+organized under state authority? What is meant by "legal tender?"
+
+Are foreign coins "legal tender" at the rate fixed by congress? For the
+value of the principal foreign coins, see appendix. Can congress punish
+counterfeiting of these coins?
+
+Is there a standard pound in this state? A standard bushel?
+
+6. Look on the back of a greenback for the law about counterfeiting. Is
+there any law against _passing_ counterfeits?
+
+7. When was our postoffice department established? Who was placed at the
+head of it? Who is the postmaster general? What is meant by "presidential
+offices" in speaking of postoffices? What are the present rates of postage
+in the United States? How much does it cost to send a letter to England?
+To Prussia? To Australia? When were postage stamps introduced? Stamped
+envelopes? Postal cards? In what four ways may money be sent by mail?
+Explain the workings and advantages of each method. What is the dead
+letter office?
+
+What is meant by the franking privilege? Find the rates of postage in the
+United States, in 1795, 1815, 1845, 1850, 1860. Does the power to
+establish post roads, authorize congress to make internal improvements?
+What is meant by "star route?"
+
+8. Is this book copyrighted? Name some book that is not copyrighted. What
+things besides books are copyrighted? Can a copyright be sold? How is a
+copyright secured? How long do copyrights continue in force? How may they
+be renewed? Must new editions be copyrighted?
+
+What is a patent? How are "letters patent" secured? How may an inventor
+secure time to perfect his invention? How can a patent be sold? May a
+person, not the patentee, make a patented article for his own use? Name
+ten important patented inventions. What is the purpose of the government
+in granting patents? Is this always secured? How does the expiration of a
+patent affect the price of an invention? If a person invents an article
+which proves helpful to millions of people, is it unfair that he should
+make a fortune out of it?
+
+9. By what authority does congress organize courts in the territories?
+Could congress establish more than _one_ Supreme Court? Name the United
+States District Judge for this state. The United States Attorney. The
+United States Marshal. If you had a claim against the United States how
+would you get your money?
+
+10. Who may punish a pirate? Can a pirate claim the protection of the
+American flag?
+
+11. Has the United States ever formally declared war? May war begin
+without a formal declaration? Does the president act with congress in
+declaring war, as in case of a law?
+
+What protection is afforded by letters of marque and reprisal? Name some
+well known privateers. Tell about the "Alabama Claims," and their
+settlement. Upon what principle of international law did the decision
+hinge? See page 353.
+
+12. With what other power is that of _raising an army_ intimately
+connected? That of maintaining an army? How large is the United States
+army at the present time? Give arguments in favor of the _militia_ system,
+as against that of a large standing army. What circumstances favor us in
+adopting the militia system? What country in Europe is most like us in
+this respect? Why is this possible in that country? Where are most of the
+officers of the U.S. army educated? How are appointments to the
+institution made? By what authority has congress established it? What is a
+military "draft?"
+
+Who has charge of this department of the government? Name the four highest
+officers in the U. S. army. For the organization of the army, see page
+309.
+
+13. Name the present secretary of the navy; the two highest naval
+officers. Where are most of the naval officers educated? How does the navy
+of the United States compare with the navies of other great powers? Why?
+For organization of navy, see appendix.
+
+14. What is the difference between military law and martial law? How are
+these "rules" made known? What is the source of authority in a military
+court? In a civil court? Is there any liability of a conflict of
+jurisdiction between these courts? When was flogging abolished in the
+army? In the navy? What punishments are inflicted by courts martial?
+
+15. Distinguish between the militia and the regular army. Between militia
+and "volunteers."
+
+16. How many regiments of organized militia in this state? Name the
+principal regimental officers. By whose authority were these appointed? Is
+there any "company" near you? Have you seen them drilling? Who prescribed
+the "tactics?"
+
+17. Over what portions of this state has congress this "exclusive
+jurisdiction?" Give a brief sketch of the District of Columbia. When and
+by whom was slavery abolished therein?
+
+18. Why should this be spoken of as "the sweeping clause?"
+
+
+_Debate._
+
+Resolved, That free trade should be the ultimate policy for any country.
+
+
+_References._
+
+PROTECTION.--Articles in Cyclopedias; Casey's Social Science, McKean's
+Abridgment; Greeley's Political Economy; Byle's Sophisms of Free Trade;
+Elder's Questions of the Day; Bowen's Political Economy.
+
+FREE TRADE.--Articles in Cyclopedias; Grosvenor's Does Protection Protect?
+Sumner's History of Protection in U.S.; Fawcett's Free Trade and
+Protection; David A. Wells' Essays; Pamphlets published by the Free Trade
+Club, N.Y.
+
+A very fair statement of both views may be found in Macvane's Political
+Economy.
+
+
+SECTION IX.--PROHIBITIONS ON CONGRESS.
+
+_Clause 1.--The Slave Trade._
+
+_The migration or importation of such persons[1] as any of the states now
+existing shall think proper to admit, shall not be prohibited by congress
+prior to the year one thousand eight hundred and eight, but a tax or duty
+may he imposed on such importation,[2] not exceeding ten dollars for each
+person.[1]_
+
+[1] The framers of the constitution disliked to tarnish the instrument by
+using the word slave, and adopted this euphemism.
+
+At that time there was a general desire, not ripened into a purpose
+however, that slavery might soon cease to exist in the United States.
+
+This clause, which permitted the continuance for a time of the slave
+_trade_, was a concession to North Carolina, South Carolina and Georgia.
+The other states had already prohibited the slave trade, and it was hoped
+by all that before the time specified the abolition of slavery would be
+gradually accomplished.
+
+[2] No such tax was imposed.
+
+This provision is now obsolete, and is of interest only historically. (For
+further discussion of slavery, see page 343.)
+
+_Clause 2.--The Writ of Habeas Corpus._
+
+_The privileges of the writ of habeas corpus shall not be suspended,
+unless when in cases of rebellion or invasion the public safety may
+require it._
+
+"It has been judicially decided that the right to suspend the privilege of
+the writ rests in congress, but that congress may by act give the power to
+the president." [Footnote: Lalor's Cyclopedia of Political Economy]
+
+The privilege of the writ never was suspended by the general government
+until 1861. Questionable suspensions of the writ, covering a very limited
+territory, had been made in two or three instances by generals.
+
+So valuable as a "bulwark of liberty" is this writ considered to be, that
+the courts of the United States have decided that, even in time of war,
+the privilege of the writ can be suspended only in that part of the
+country actually invaded, or in such a state of war as to obstruct the
+action of the federal courts.
+
+_Clause 3.--Certain Laws Forbidden._
+
+_No bill of attainder[1] or ex post facto law[2] shall be passed._
+
+[1] A bill of attainder was a legislative conviction for alleged crime,
+with judgment of death. Those legislative convictions which imposed
+punishments less than that of death were called bills of pains and
+penalties. [Footnote: Cooley's Constitutional Limitations] The term is
+here used in its generic sense, so as to include bills of pains and
+penalties.
+
+The great objection to _bills_ of attainder is that they are purely
+_judicial_ acts performed by a _legislative_ body. A legislative body may
+and should try a _political_ offense, and render a verdict as to the
+worthiness of the accused to hold public office. But to try him when
+conviction would deprive him of any of his personal rights--life, liberty,
+or property,--should be the work of a duly organized _judicial_ body.
+
+This provision, then is directed not so much against the penalty (for
+limitations upon penalties are found elsewhere in the constitution,) as
+against the mode of trial. Or we may say that it is intended to prevent
+conviction _without_ a trial; for in previous times legislative bodies had
+frequently punished political enemies without even the form of a trial, or
+without giving them an opportunity to be heard in their own defense, by
+passing against them bills of attainder.
+
+[2] An _ex post facto_ law is, literally, one which acts back upon a deed
+previously performed. But as here intended, it means a law making _worse_
+such an act, either by declaring criminal that which was not so regarded
+in law when committed, or by increasing the penalty and applying it to the
+act previously performed.
+
+But a law may be passed making _better_, in a sense, some previous act.
+That is, an unforseen but imperative necessity may call for the doing of
+something which is not unlawful, but which needs, yet has not received,
+the sanction of law. This act may _afterwards_ be _legalized_ by the
+legislature.
+
+The things forbidden by this clause would, if permitted, render unsafe all
+those personal rights for the security of which the constitution was
+framed and the government founded.
+
+_Clause 4.--Direct Taxes_
+
+_No capitation or other direct tax shall be laid, unless in proportion to
+the census or enumeration hereinbefore directed to be taken._
+
+This clause emphasizes the first sentence of clause three, section two, of
+this article. It was _intended_ to prevent the taxation of the _two-fifths
+of the slaves_ not enumerated for representation, and was evidently
+inserted as a concession to the slave states. But the abolition of slavery
+takes from the clause all force except that mentioned at the beginning of
+this paragraph.
+
+No capitation tax (that is, so much _per head_) has ever been levied by
+the general government.
+
+_Clause 5.--Duties on Exports._
+
+_No tax or duty shall be laid on articles exported from any state._
+
+This was designed to prevent discrimination against any state or section.
+
+Though the question has never been judicially determined, it is generally
+understood that since anything exported must be exported from some state
+(or territory), this clause prohibits _all_ export duties.
+
+_Clause 6.--Commercial Restrictions._
+
+_No preference shall be given by any regulation of commerce or revenue to
+the ports of one state over those of another; nor shall vessels bound to
+or from one state, be obliged to enter, clear or pay duties in another._
+
+This provision has the same object in view as that which requires duties
+to be uniform--the impartial treatment of the several states. It shows,
+too, the fear felt by many that the general government _might_ show
+partiality.
+
+The latter part of the clause virtually establishes free trade among the
+states.
+
+_Clause 7.--Care of Public Funds._
+
+_No money shall be drawn from the treasury but in consequence of
+appropriations made by law; and a regular statement and account of the
+receipts and expenditures of all public money shall he published from time
+to time._
+
+There are two great purposes to be subserved by this provision: First, to
+impose upon those handling the money a feeling of responsibility, and thus
+to increase the probability of carefulness; second, to prevent the use of
+public funds for any purpose except those authorized by the
+representatives of the people. This is in harmony with the provision which
+gives to congress the power to raise money.
+
+Incidentally, too, this is a protector of our liberties. Those who have
+charge of the public purse are appointees of the president. But for this
+provision he might, as rulers in arbitrary governments do, use the public
+treasury to accomplish his own private purposes; and one of these purposes
+might be the overthrow of our liberties. This thought undoubtedly was a
+prominent one in the minds of the framers of the constitution.
+
+The account of receipts and expenditures is reported to congress annually
+by the secretary of the treasury.
+
+_Clause 8.--Titles of Nobility._
+
+No title of nobility shall be granted by the United States;[1] and no
+person holding an office of profit or trust under them, shall, without the
+consent of the congress, accept of any present, emolument, office, or
+title of any kind whatever, from any king, prince, or foreign state[2]_.
+
+[1] This is in harmony with the principle "All men are created equal."
+And, while in society there are classes and grades based upon learning,
+wealth, etc., we intend that all shall be equal before the law, that there
+shall be no "privileged classes."
+
+[2] The purpose of this is evident--to free public officers from
+blandishments, which are many times the precursors of temptations to
+treason.
+
+An amendment to the constitution was proposed in 1811, prohibiting any
+citizen from receiving any kind of office or present from a foreign power,
+but it was not ratified.
+
+
+SECTION X.--PROHIBITIONS ON THE STATES.
+
+_Clause 1.--Unconditional Prohibitions._
+
+_No state shall enter into any treaty, alliance, or confederation;[1]
+grant letters of marque and reprisal;[2] coin money;[3] emit bills of
+credit;[4] make anything but gold and silver coin a tender in payment of
+debts;[5] pass any bill of attainder,[6] ex post facto law,[6] or law
+impairing the obligation of contracts,[7] or grant any title of
+nobility.[6]_
+
+[1] Otherwise the intrigues of foreign nations would soon break up the
+Union.
+
+[2] Had the states this power, it would be possible for any one of them to
+involve the whole country in war.
+
+[3] This provision secures the uniformity and reliability of our coinage.
+
+[4] A state may borrow money and may issue bonds for the purpose. But
+these bonds are not bills of credit, because they are not designed to
+circulate as money.
+
+The evils of state issuance of bills of credit we cannot appreciate, but
+the framers of the constitution had experienced them, and based this
+provision on that bitter experience.
+
+[5] This has the same general purpose as the preceding.
+
+It will be observed that there is no such prohibition on the United
+States, and the implied power to emit bills of credit and to make things
+other than gold and silver legal tender, has been exercised.
+
+[6] Forbidden to the states for the same reason that they are forbidden to
+the United States.
+
+[7] The purpose is to preserve the legal obligation of contracts. "The
+spirit of the provision is this: A contract which is legally binding upon
+the parties at the time and place it is entered into by them, shall remain
+so, any law of the states to the contrary notwithstanding." [Footnote:
+Tiffany quoted by Andrews.]
+
+Under this provision many questions have arisen. One of them is this: May
+a state pass insolvent or bankrupt laws? It has been decided by the United
+States Supreme Court that a state may pass insolvent laws upon _future_
+contracts, but not upon _past_ contracts. But no state can pass a bankrupt
+law.
+
+_Clause 2.--Conditional Prohibitions._
+
+No state shall, without the consent of the congress,[1] lay any imposts or
+duties on imports or exports, except what may be absolutely necessary for
+executing its inspection laws;[2] and the net produce of all duties and
+imposts, laid by any state on imports or exports, shall be for the use of
+the treasury of the United States;[3] and all such laws shall be subject
+to the revision of the congress.[4] No state shall, without the consent of
+congress, lay any duty of tonnage,[5] keep troops or ships of war in time
+of peace,[6] enter into any agreement or compact with another state,[7] or
+with a foreign power,[7] or engage in war, unless actually invaded, or in
+such imminent danger as not to admit of delay.[8]_
+
+[1] By implication, congress may give the states permission to do the
+things enumerated in this paragraph. But it never has.
+
+[2] The inspection laws are designed to secure to consumers quality and
+quantity in commodities purchased. Thus, in some states there is a dairy
+commissioner whose duty it is to see that no substance is offered for sale
+as butter which is not butter. And officers may be appointed to inspect
+the weights and measures in stores. Such officers may be provided for
+without the consent of congress. But no fees can be charged for this
+service more than are necessary to pay the officers. In other words, the
+offices cannot be made a source of revenue to the state.
+
+[3] This is to free the states from any temptation to use the power which
+might be conferred under this clause for their own gain, to the detriment
+of a sister state.
+
+[4] This secures to congress the control of the matter.
+
+[5] That is, a tax upon the carrying power of a ship. This is in harmony
+with the provision which forbids the states to levy duties on imports.
+
+[6] This prohibits the keeping of a standing army, but each state may have
+its organized militia.
+
+[7] In the preceding clause, the states are forbidden to enter into
+treaties, etc.,--that is, into _political_ compacts; and the prohibition
+is absolute. Here they are prohibited from entering into _business_
+compacts, unless permitted by congress.
+
+[8] For a state to engage in war would be to embroil the country in war.
+But the militia might be sent to repel invasion. They would, however, be
+defending not the state simply, but also the United States.
+
+"We have thus passed through the positive prohibitions introduced upon the
+powers of the states. It will be observed that they divide themselves into
+two classes: those which are political in their character, as an exercise
+of sovereignty, and those which more especially regard the private rights
+of individuals. In the latter the prohibition is absolute and universal.
+In the former it is sometimes absolute and sometimes subjected to the
+consent of congress. It will at once be perceived how full of difficulty
+and delicacy the task was, to reconcile the jealous tenacity of the states
+over their own sovereignty, with the permanent security of the national
+government, and the inviolability of private rights. The task has been
+accomplished with eminent success." [Footnote: Story.]
+
+
+_Pertinent Questions._
+
+When was slavery introduced into the United States? Give an account of the
+steps taken to abolish it.
+
+What is the use of the writ of habeas corpus? If a sane person were
+confined in an asylum, how could he be got out? Could a person who had
+taken religious vows imposing seclusion from the world, be released by
+means of this writ? Show the necessity of power to suspend the writ in
+cases of rebellion or invasion.
+
+Could the thing forbidden in a _bill_ of attainder be done by a court?
+Give an example of an _ex post facto_ law.
+
+What is meant by "entering" and "clearing" a port?
+
+How could the president get hold of any United States money other than
+that received in payment of his salary?
+
+Could you receive a present from a foreign government? Name any American
+who has received a title or a present from a foreign government. Must a
+titled foreigner renounce his title on becoming an American citizen?
+
+What are "greenbacks?" Did you ever see a state "greenback?" When do you
+expect to see one?
+
+What is a contract? Could a legislature pass a law doing away with
+imprisonment for debt? What argument did Daniel Webster make in the famous
+Dartmouth College Case?
+
+Name the various state inspectors in this state. How are they paid? May a
+state impose taxes to defray its own expenses? What prohibitions apply to
+both the general and the state governments. Arrange all the prohibitions
+in tabular form, classifying as indicated by Judge Story in the paragraph
+quoted.
+
+
+
+
+CHAPTER XXIII.
+
+ARTICLE II.--THE EXECUTIVE BRANCH.
+
+
+It seems to us a matter of course that after the laws are made there
+should be some person or persons whose duty it should be to carry them
+into execution. But it will be remembered that under the confederation
+there was no executive department. The colonists had suffered from kingly
+rule, and in forming their first government after independence, they
+naturally avoided anything having the appearance of kingliness. After
+trying their experiment for some years, however, their "sober second
+sense" told them that the executive branch is a necessity, and when the
+convention assembled to "revise the articles of confederation" (as they at
+first intended to do) one of the things upon which there was practical
+unanimity of opinion was the necessity of having the government organized
+into three branches, or, as they are sometimes called, departments.
+
+The question in regard to the executive branch was how to organize it, so
+as to secure two chief qualities; namely, energy of execution and safety
+to the people. The former was fully appreciated, for the weakness of
+execution during the confederation period, or the lack of execution, had
+impressed upon all thinking persons the necessity of more vigor in
+carrying out the laws. The experience during colonial days emphasized the
+necessity of surrounding the office with proper safeguards. And among
+those intrusted with the organization of a scheme of government, were many
+who were well versed in history--men who knew that the executive branch is
+the one in which lies the menace to human liberty. Under these two main
+divisions of the problem, arose such questions as: How many persons shall
+constitute the executive? What shall the term be? How shall the executive
+be chosen? What powers, other than those which are purely executive, shall
+be vested in this branch? How shall this branch be held responsible,
+without crippling its efficiency?
+
+How well the problem was solved, we shall find out in our study of the
+provisions of the constitution pertaining to this branch.
+
+
+SECTION I.--ELECTION AND SERVICE.
+
+_Clause 1.--Vestment of Power._
+
+_The executive power shall be vested in a president of the United States
+of America.[1] He shall hold his office during the term of four years,[2]
+and together with the vice-president,[3] chosen for the same term, shall
+be elected as follows:_
+
+[1] This sentence answers the question, "How many persons shall constitute
+the executive?" and gives the official title thereof.
+
+The executive authority is vested in one person for two chief reasons: To
+secure energy in execution, and to impose upon the executive a sense of
+responsibility. If the executive power were vested in a number of persons,
+the differences and jealousies sure to arise, and the absence of
+responsibility, would result in a feeble administration, which is but
+another name for a bad administration.
+
+[2] The term first reported by the committee of the whole was seven years,
+with the provision forbidding re-election. Some of the delegates were in
+favor of annual elections, while others thought that the executive should
+be elected for life or good behavior. And other terms, varying from two to
+ten years, had their advocates. After much discussion, the term of four
+years was agreed upon as a compromise, and no limitation was put upon the
+number of terms for which a person might be elected.
+
+In another place it is made the duty of the president to recommended to
+congress such measures as he deems necessary for the good of the country.
+He should, therefore, have a term long enough to fairly test his "policy"
+and to stimulate him to personal firmness in the execution of his duties,
+yet not so long as to free him from a sense of responsibility. It was
+thought that a term of four years would cover both of the conditions
+mentioned.
+
+[3] The purpose of having a vice-president is to provide a successor for
+the president in case of his disability or death.
+
+
+CHOOSING THE PRESIDENT AND VICE-PRESIDENT.
+
+_Clause 2.--Number and Appointment of Electors._
+
+_Each state shall appoint, in such manner as the legislature thereof may
+direct, a number of electors equal to the whole number of senators and
+representatives to which the state may be entitled in the congress; but no
+senator or representative, or person holding an office of trust or profit
+under the United States, shall be appointed an elector._
+
+Three plans for the election of president and vice-president were proposed:
+First, election by congress; second, election by the people; third,
+election by persons chosen by the people for that special purpose.
+
+The objection to the first plan was, that it would rob the executive
+branch of that independence which in our plan of government it is designed
+to possess--it would render the executive branch in a measure subordinate
+to the legislative.
+
+The objections to the second plan came from two sources. Some of the
+delegates feared that, inexperienced as they were, the people could not be
+trusted to act wisely in the choice of a president--that they would be
+swayed by partizan feeling, instead of acting with cool deliberation. And
+the small states feared that in a popular election their power would count
+for little.
+
+Then the compromise in the organization of the congress was remembered,
+and it was resolved that the election of the president and vice-president
+should be placed in the hands of persons chosen for that special purpose,
+and that the number of the electors from each state should be that of its
+representation in congress. This satisfied both parties. Those who thought
+that the people could not be intrusted with so important a matter as the
+choice of the president, hoped that this mode would place the election in
+the hands of the wise men of the several states. And the delegates from
+the small states secured in this all the concession which they could
+fairly ask.
+
+This matter being settled, the next question was: How shall the electors
+be chosen? There being much difference of opinion on the subject, it was
+thought best to let each state choose its electors in the way which it
+might prefer.
+
+Naturally the modes of choosing electors varied. In some states the
+legislature chose them, but this mode soon became unpopular. [Footnote:
+South Carolina, however, retained this mode until very recently.] In some
+states they were chosen by the people on a general ticket, and in others,
+by the people by congressional districts. The last is the fairest way,
+because it most nearly represents the wishes of the people. By electing on
+a general ticket, the party which is in the majority in any state can
+elect _all_ of the electors. But, for this very reason, the majority in
+each state has finally arranged the matter so that this is now the
+practice in nearly all the states.
+
+The present system of nominations and pledged electors was undreamed of by
+the framers of the constitution. They intended that in the selection of
+the president each elector should be free to vote according to his own
+best judgment. But it has come to pass that the electors simply register a
+verdict already rendered. Briefly the history of the change is this:
+During the administration of Washington (who had been elected unanimously)
+differences of opinion on questions of policy gave rise to political
+parties. To secure the unity of action so essential to success, the
+leaders of the respective parties, by agreement among themselves,
+designated, as each election approached, persons whom they recommended for
+support by electors of their party. Gradually the recommendation came to
+be looked upon as binding. In 1828 the Anti-Masonic party, having no
+members of congress to act as leaders, held a "people's convention." Its
+nominees received a surprisingly large vote. The popularity of this mode
+of nomination thus appearing, the other parties gradually adopted it, and
+since 1840 it has remained a recognized part of our political machinery.
+
+_Clause 3.--Election of President and Vice-President._
+
+_The electors shall meet in their respective states, and vote by ballot
+for two persons, of whom one at least shall not be an inhabitant of the
+same state with themselves. And they shall make a list of all the persons
+voted for, and the number of votes for each; which list they shall sign
+and certify, and transmit, sealed, to the seat of the government of the
+United States, directed to the president of the senate. The president of
+the senate shall, in the presence of the senate and house of
+representatives, open all the certificates, and the votes shall then be
+counted. The person having the greatest number of votes shall be
+president, if such number be a majority of the whole number of electors
+appointed; and if there be more than one who have such a majority, and
+have an equal number of votes, then the house of representatives shall
+immediately choose by ballot one of them president, and if no person have
+a majority, then from the five highest on the list the said house shall in
+like manner choose the president. But in choosing the president, the vote
+shall be taken by states, the representation from each state having one
+vote; a quorum for this purpose shall consist of a member or members from
+two-thirds of the states, and a majority of all the states shall be
+necessary to a choice. In every case, after the choice of the president,
+the person having the greatest number of votes of the electors, shall be
+vice-president. But if there should remain two or more who have equal
+votes, the senate shall choose from them by ballot the vice-president._
+
+Under this provision Washington was elected president twice and Adams
+once. In the disputed election of 1800, it was found that this mode would
+not do. The faulty feature in the plan is found in the first sentence,
+which requires the electors to vote for two persons for president. In this
+election, Jefferson and Burr, candidates of the same party, received the
+same number of votes and each had a majority. The power to choose then
+devolved upon the house of representatives. There were at that time
+sixteen states, and consequently sixteen votes. Of these Jefferson
+received eight, Burr six, and the remaining two were "scattering." As it
+required nine votes to make a majority, no one was elected. The balloting
+was continued for seven days, thirty-six ballots being taken. On the
+thirty-sixth ballot Jefferson received ten votes to four for Burr.
+Jefferson thus became president and Burr vice-president. But the
+consequent bitterness of feeling was much regretted, and it was determined
+to change, slightly, the mode of election. The changes consisted in having
+the electors vote for one person for president and for a different person
+for vice-president; and when the election is thrown into the house of
+representatives, the selection is to be made from the _three_ highest
+instead of the _five_ highest as originally. The change was made by the
+twelfth amendment, passed in 1804, which is here given in full.
+
+_The Twelfth Amendment._
+
+_The electors shall meet in their respective states and vote by ballot for
+president and vice-president, one of whom, at least, shall not be an
+inhabitant of the same state with themselves; they shall name in their
+ballots the person voted for as president, and in distinct ballots the
+person voted for as vice-president, and they shall make distinct lists of
+all persons voted for as president, and of all persons voted for as
+vice-president, and of the number of votes for each; which lists they
+shall sign and certify, and transmit sealed to the seat of government of
+the United States, directed to the president of the senate. The president
+of the senate shall, in the presence of the senate and house of
+representatives, open all the certificates, and the votes shall then be
+counted; the person having the greatest number of votes for president
+shall be president, if such number be a majority of the whole number of
+electors appointed; and if no person have such majority, then from the
+persons having the highest numbers not exceeding three on the list of
+those voted for as president, the house of representatives shall choose
+immediately by ballot, the president. But in choosing the president, the
+votes shall be taken by states, the representation from each state having
+one vote; a quorum for this purpose shall consist of a member or members
+from two-thirds of the states, and a majority of all the states shall be
+necessary to a choice. And if the house of representatives shall not
+choose a president whenever the right of choice shall devolve upon them,
+before the fourth day of March, next following, then the vice-president
+shall act as president, as in the case of the death or other
+constitutional disability of the president._
+
+_The person having the greatest number of votes as vice-president, shall
+be the vice-president, if such number be a majority of the whole number of
+electors appointed, and if no person have a majority, then from the two
+highest numbers on the list the senate shall choose the vice-president; a
+quorum for the purpose shall consist of two-thirds of the whole number of
+senators, and a majority of the whole number shall be necessary to a
+choice. But no person constitutionally ineligible to office of president
+shall be eligible to that of vice-president of the United States._
+
+Thus we see that the president may be elected in one of two ways--by
+electors or by the house of representatives; and that the vice-president
+may also be elected in one of two ways--by electors or by the senate.
+
+The mode of choosing the president is regarded by many as difficult to
+remember. Perhaps making an outline like the following will aid the memory:
+
+
+_First Mode or Process._
+
+I. The electors, after they are chosen:
+   1. MEET in their respective states.
+   2. VOTE by ballot, for president and vice-president.
+   3. MAKE LISTS of the persons voted for and the number
+          of votes for each.
+   4. SIGN, CERTIFY and SEAL those lists.
+   5. TRANSMIT them to the seat of government, addressed
+          to the president of the senate.
+
+II. The president of the senate:
+   1. OPENS the certificates, in presence of both houses.
+   2. DECLARES THE RESULT, after the votes have been
+          counted.
+
+
+_Second Mode or Process._
+
+Points--            President--                Vice-President--
+Chosen by.......... House of Representatives   The Senate.
+From............... Three highest.             Two highest.
+Voting............. By ballot.                 By ballot.
+State power........ Each one vote.             Each two votes.
+Quorum............. Representatives from       Two-thirds of senators.
+                      two-thirds of the states.
+Necessary to choice Majority of states.         Majority of senators
+
+The place of meeting is usually the capital of the state.
+
+Three "lists" of the vote for president and three for vice-president are
+prepared, and "signed, certified and sealed." One pair of these lists is
+sent by mail and another by special messenger. The third is deposited with
+the judge of the United States District Court in whose district the
+electors meet, to be called for if necessary. The purpose of these
+precautions is to make sure that the vote of the state may not be lost,
+but shall without fail reach the president of the senate.
+
+_Clause 4.--Times of These Elections._
+
+_The congress may determine the time of choosing the electors,[1] and the
+day on which they shall give their votes;[2] which day shall be the same
+throughout the United States.[3]_
+
+[1] The day designated by congress is the first Tuesday after the first
+Monday in November. The election always comes in "leap year."
+
+[2] The electors meet and vote on the second Monday in January.
+
+[3] This provision was designed, first, to prevent fraud in voting; and
+second to leave each state free to act as it thought best in the matter of
+persons for the offices, unbiased by the probability of success or failure
+which would be shown if the elections occurred on different days in
+different states.
+
+It may be desirable to know in this connection that:
+
+The president of the senate sends for missing votes, if there be any, on
+the fourth Monday in January.
+
+The counting of votes is begun on the second Wednesday in February and
+continued until the count is finished. (See page 334.)
+
+In case the electors have not given any one a majority for the presidency,
+the house proceeds at once to elect. In a similar case the senate proceeds
+at once to choose a vice-president.
+
+The provisions of the continental congress for the first election were:
+
+1. Electors to be chosen, first Wednesday in January, 1789.
+
+2. Electors to vote, first Wednesday in February.
+
+3. The presidential term to commence first Wednesday in March. The first
+Wednesday in March in 1789 was the fourth day of the month, and on that
+day the presidential terms have continued to begin.
+
+_Clause 5.--Qualifications of President and Vice-President.
+
+No person except a natural born citizen,[1] or a citizen of the United
+States at the time of the adoption of this constitution,[2] shall be
+eligible to the office of president; neither shall any person be eligible
+to that office, who shall not have attained to the age of thirty-five
+years,[3] and been fourteen years a resident within the United States.[4]_
+
+[1] The importance of the office is such as, in the opinion of the framers
+of the constitution, to necessitate this requirement. And it does not seem
+unjust to make this limitation.
+
+[2] This exception was made from a sense of gratitude to many
+distinguished persons, who, though not native citizens, had placed their
+lives and fortunes at the service of this country during the revolution,
+and who had already become citizens of the young republic. This provision
+is now, of course, obsolete.
+
+[3] Age should bring wisdom. The age specified is great enough to permit
+the passions of youth to become moderated and the judgment matured. As a
+matter of fact, the youngest president yet elected was much older than
+this minimum. In monarchies the rulers are sometimes children. It cannot
+be so with us.
+
+[4] But a "natural born citizen," even, may live so long in a foreign
+country as to lose his interest in his native land. This provision is
+intended to preclude the election of such persons to the presidency. They
+might seek it at the instance of a foreign government, for sinister
+purposes.
+
+Will residence during _any_ fourteen years satisfy the requirement?
+Commentators generally have expressed an affirmative opinion, based upon
+the fact that James Buchanan and others were elected president on their
+return from diplomatic service abroad. It must be remembered, however,
+that a person sent abroad to represent this government _does not lose his
+residence in this country_. Therefore the fact of Mr. Buchanan being
+elected after acting as our minister to England, has no bearing upon the
+question. On the other hand, the evident purpose of the provision could
+hardly be satisfied if a boy, a native of this country, should live here
+until fourteen years of age and then spend the rest of his years in a
+foreign country. And when the matter is carefully considered, it will be
+seen that the only fourteen years which will secure that state of mind in
+the candidate which is sought by the provision, are the fourteen years
+_immediately preceding election_. Again, twenty-one and fourteen equal
+thirty-five. A person "comes of age" at twenty-one. The fourteen years of
+_manhood_ added would just make thirty-five years, the minimum age
+required. This coincidence could hardly have been accidental, and
+justifies the view expressed.
+
+According to the twelfth amendment, the qualifications of the
+vice-president are the same as those of the president.
+
+_Clause 6.--Vacancies._
+
+_In case of the removal of the president from office, or of his death,
+resignation or inability to discharge the powers and duties of the said
+office, the same shall devolve on the vice-president, and the congress may
+by law provide for the case of removal, death, resignation or inability,
+both of the president and vice-president, declaring what officer shall
+then act as president, and such officer shall act accordingly, until the
+disability be removed, or a president shall be elected._
+
+If no regular succession were established, there would be danger of
+anarchy.
+
+By an act passed March 1, 1792, congress provided that in case of the
+disability of both president and vice-president, the duties of the office
+of president should devolve upon the president _pro tempore_ of the senate;
+and in case of a vacancy in that office, that they should then devolve
+upon the speaker of the house of representatives.
+
+But when president Garfield died there was no president _pro tempore_ of
+the senate and no speaker of the house; so that when vice-president Arthur
+became president, there was no one to succeed him in case of his
+disability. It was then expected that congress would devise another plan
+of succession; but it did not. When vice-president Hendricks died, there
+was again no president _pro tempore_ of the senate or speaker of the
+house. This recurrence of the danger within four years prompted congress
+to provide an order of succession less liable to accident than the one so
+long in use. The succession was placed in the cabinet in the following
+order: Secretary of state, secretary of the treasury, secretary of war,
+attorney-general, postmaster-general, secretary of the navy, and secretary
+of the interior.
+
+When the vice-president or secretary becomes president, he serves for the
+remainder of the term.
+
+One very important item in this connection the constitution leaves
+unprovided for, namely, who shall determine when "disability," other than
+death, occurs or ceases? Certainly the decision should not be left to
+those interested in the succession. No official answer to this question
+has yet been given.
+
+_Clause 7.--President's Salary._
+
+_The president shall, at stated times, receive for his services a
+compensation[1] which shall be neither increased nor diminished during the
+period for which he shall have been elected,[2] and he shall not receive
+within that period any other emolument from the United States or any of
+them.[3]_
+
+[1] Otherwise a person of moderate means would be debarred from accepting
+the position, and the country might thereby be deprived of the services of
+some man of lofty character.
+
+[2] Thus congress can neither bribe nor drive the president into doing
+anything which he may regard as unwise or wrong. And on the other hand,
+the president has no temptation to try to "undermine the virtue" of
+congress for his own pecuniary benefit.
+
+[3] This provision has the same purpose in view as the last. "He is thus
+secured, in a great measure, against all sinister foreign influences. And
+he must be lost to all just sense of high duties of his station, if he
+does not conduct himself with an exclusive devotion to the good of the
+whole people, unmindful at once of the blandishments of courtiers, who
+seek to deceive him, and of partizans, who aim to govern him, and thus
+accomplish their own selfish purposes." [Footnote: Story]
+
+Till 1873 the salary of the president was $25,000 a year. It was then
+raised to $50,000 a year. He also has the use of the White House, which is
+furnished at national expense; and special appropriations are frequently
+made to cover special expenses. And yet few presidents have been able to
+save anything out of their salaries.
+
+The vice-president receives $8000 a year.
+
+_Clause 8.--Oath of Office._
+
+_Before he enter upon the execution of his office, he shall take the
+following oath or affirmation: "I do solemnly swear (or affirm) that I
+will faithfully execute the office of president of the United States, and
+will to the best of my ability, preserve, protect and defend the
+constitution of the United States."_
+
+This oath is usually administered by the chief justice of the Supreme
+Court. It is very simple, pledging the president to two things only; but
+they are the essential things.
+
+"Taking the oath" is a part of the inauguration ceremonies which occur,
+usually, on the fourth of March.
+
+
+_Pertinent Questions._
+
+Was there any president under the confederation? Why? When does the
+president's term begin? Suppose that day comes on Sunday? How does a
+presidential term compare with that of senator? Of representative? The
+first proposition in the constitutional convention was to make the
+presidential term seven years, and limit a person to one term. Is the
+present plan better or not as good? For how many terms may a person be
+elected president? What presidents have been elected for a second term?
+
+How many presidential electors is this state entitled to? New York?
+Illinois? Wisconsin? Delaware? How many are there altogether? Show how the
+present mode is an advantage to the small states. Who were the electors of
+this state in the last presidential election? Get a "ticket" or ballot and
+study it. Tear off, beginning at the top, all that you can without
+affecting the vote. How could a person have voted for one of the
+republican candidates without voting for the other? Where did the electors
+of this state meet? When? Did you preserve the newspaper report of their
+proceedings?
+
+Could the president and vice-president be chosen from the same state? How
+many electoral votes were necessary to a choice last time? How many did
+each candidate receive? In case of election by the house of
+representatives, what is the smallest possible number that could elect? In
+case the house should fail to choose a president before the fourth of
+March, who would be president? Have we ever been threatened with a case of
+this kind? Which presidents have been elected by the house? Has a
+vice-president ever been chosen by the senate?
+
+Specify four differences between the old and the new way of electing
+president and vice-president. Which was the most important change? What
+statement in the twelfth amendment was unnecessary in the original
+provision? If "two-thirds of the senators" are present, are two-thirds of
+the states necessarily represented? What is the smallest number of
+senators that could elect a vice-president? How many times has the
+vice-president succeeded to the presidency? What caused the vacancies? Is
+the result of the election known before the meeting of the electors?
+
+Who is our present minister to England? Would a son of his born in England
+today be eligible in due time to the presidency? Make a comparative table,
+giving the qualifications, mode of election (general), and term of
+representatives, senators and president.
+
+Who is now vice-president of the United States? Have we ever had more than
+one vice-president at the same time? Name the persons, in their order, who
+would succeed to the presidency if the president should be unable to
+perform his duties. If the president should become insane, who would
+decide that such is the fact? How long would the person thus succeeding to
+the position of acting president serve? State four ways in which a vacancy
+in the office of president may occur. If the president leaves Washington,
+is a vacancy created? If he leaves the country? If he is impeached? In
+case of the non-election of either president or vice-president, who would
+serve? How long? How is a vacancy in the office of vice-president filled?
+
+At what "stated times" is the salary of the president paid? In November,
+1872, President Grant was re-elected. His new term began March, 1873. In
+the meantime the salary of the president was increased to $50,000. Did
+President Grant get the increase? Explain.
+
+Does the vice-president take an "oath of office?" If he succeeds to the
+presidency must he take the oath prescribed in the constitution? What
+constitutional provision for the salary of the vice president? Compare the
+duties of a governor of a state with those of the president.
+
+
+_Debate._
+
+Resolved, That the president should be elected by a direct vote of the
+people.
+
+Resolved, That the presidential term should be lengthened, and a second
+term forbidden.
+
+
+SECTION II.--POWERS OF THE PRESIDENT.
+
+_Clause 1.--Some Sole Powers._
+
+_The president shall be commander-in-chief of the army and navy of the
+United States, and of the militia of the several states, when called into
+the actual service of the United States;[1] he may require the opinion, in
+writing, of the principal officer in each of the executive departments,
+upon any subject relating to the duties of their respective offices,[2]
+and he shall have power to grant reprieves and pardons for offenses
+against the United States, except in cases of impeachment.[3]_
+
+[1] Elsewhere it is made the duty of the president to see "that the laws
+are faithfully executed." The execution of the law may sometimes require
+force, hence it seems proper that the command of the army should be vested
+in him. Again, an army may be necessary to defend the country. In order
+that it may act promptly and efficiently, it must be directed by one
+person; and the person whom we instinctively designate for the purpose is
+the president.
+
+The possession of this power by the president is fraught with danger,
+however. Unless surrounded by proper checks, it might be used to overturn
+our system of government. But the president can hardly, as now situated,
+misuse this power. In the first place, the general rules for the
+management and government of the army are made by congress. In the second
+place, the army is supported by appropriations made by congress, and these
+are made for short periods. In the third place, congress could reduce or
+even abolish the army, if that step seemed necessary in defense of our
+liberties. In brief, the support and control of the army are in the hands
+of congress; the president merely directs its movements.
+
+Thus far the president has never actually taken the field in command of
+the army; he has appointed military commanders, and has simply given them
+general directions, which they have carried out as best they could. At any
+time, however, if dissatisfied with the results, he may change the
+commander.
+
+[2] The president cannot personally see to the carrying out of all the
+laws, and yet he is the one responsible for their execution. To assist
+him, the work is divided up into parts, and each part is placed in the
+hands of an officer appointed by the president (with the consent of the
+senate) and responsible to him. These persons constitute what is known as
+the cabinet, and all but two have the title secretary.
+
+The one who keeps the originals of the public documents, the great seal,
+and the public records, is called the secretary of state. He is to the
+United States somewhat as the clerk is to the district or town, or the
+auditor to the county. But in addition, he is the one who has charge of
+our relations with foreign countries. He is the one to whom you would
+apply for a passport, if you were going to travel in foreign lands. He has
+an assistant and many subordinate officers. In this department are three
+bureaus, as they are called--the diplomatic, the consular, and the
+domestic. (For further information, see pages 321, 349, 350.)
+
+The officer who has general charge of the receiving and paying out of
+money is called the secretary of the treasury. He has two assistants and
+thousands of subordinates, some in Washington and others throughout the
+country. Under his direction money is coined, "greenbacks" and other
+tokens of indebtedness are issued and redeemed. He also has general charge
+of all government provisions for making navigation safe along the coast,
+such as lighthouses, etc.
+
+All that pertains to executive control of the army is in charge of the
+secretary of war. The chiefs of bureaus in this department are army
+officers. The secretary may or may not be. The military academy at West
+Point is also, as we might expect, in charge of this department. (See p.
+311.)
+
+The control of the navy is exercised by the secretary of the navy. The
+chiefs of bureaus here are navy officers. The secretary may or may not be.
+This department has charge of the construction of war ships and the
+equipment of them; and, as we would expect it has charge of the naval
+academy at Annapolis (p. 311).
+
+The department which has the greatest diversity of duties is that of the
+interior. This department has charge of patents and trade-marks, of
+pensions, of United States lands, of the Indians, of the census, and of
+education. Its chief officer is called the secretary of the interior. The
+chiefs of bureaus in this department, except that of the census, are
+called commissioners.
+
+The chief officer of the postoffice department is called the postmaster
+general. Here there are five bureaus, in charge respectively of
+appointments, contracts, finances, money orders, and foreign mail.
+
+The officer who has charge of prosecution or defense of suits for or
+against the United States is called the attorney general. He is to the
+United States what the county attorney is to the county. He has, of
+necessity, many assistants. All United States district attorneys and
+marshals act under direction of this department. He is also legal adviser
+of the government.
+
+By an act approved February 11, 1889, the department of agriculture was
+established with appropriate duties assigned to it.
+
+The practice of holding regular cabinet meetings was begun by Jefferson,
+and has continued as a matter of custom and expediency ever since. The
+meetings are attended only by the president, his private secretary, and
+the cabinet. They are held for the purpose of consultation. The president
+may act upon the advice of his cabinet or not as he chooses.
+
+The reports or opinions referred to in the provision of the constitution
+now under consideration, are called for at least once a year and are
+transmitted to congress with the president's message. But they may be
+called for at any time.
+
+Cabinet officers are not directly authorized by the constitution, but
+provisions of this section seem to take it for granted that the president
+would have such assistants.
+
+[3] This power extends to military offenses as well as to the criminal
+offenses of civilians.
+
+The Supreme Court has decided that the president has power also to commute
+sentences; and that he may act in the matter at any time after the offense
+is committed, even before the trial. He may also stop proceedings in any
+criminal case prosecuted in the name of the United States.
+
+The exception in case of impeachment was first made in England, to prevent
+the king from shielding his ministers. It is in our constitution as a
+similar check upon the president.
+
+_Clause 2.--Powers shared by the Senate._
+
+_He shall have power, by and with the advice and consent of the senate, to
+make treaties, provided that two-thirds of the senators present concur;[1]
+and he shall nominate and by and with the advice and consent of the
+senate, shall appoint ambassadors, other public ministers and consuls,
+judges of the Supreme Court, and all other officers of the United States,
+whose appointments are not otherwise herein provided for, and which shall
+be established by law;[2] but congress may by law vest the appointment for
+such inferior officers as they may think proper, in the president alone,
+in the courts of law, or in the heads of departments.[3]_
+
+[1] The "advice" of the senate is rarely, if ever, asked; but its
+"consent" must be had in order to make the treaties lawful.
+
+For the mode of making treaties, see pp. 320, 350, 360.
+
+The power to make treaties was confided to the president originally
+because it had been the custom for the executive to possess the
+treaty-making power. But it is defensible on other grounds. Some treaties
+need to be considered secretly. This could hardly be done if congress were
+the treaty-making power. But the president and the cabinet can consider
+the matter in secret. Then promptness is sometimes needed, as in case of a
+treaty to close a war. Promptness may prevent useless loss of life. If
+congress had to be summoned, valuable time would be taken. As two-thirds
+of the senators present must agree to the provisions of the treaty, the
+president cannot misuse the power granted in this provision.
+
+When the treaty necessitates the raising of money, the house of
+representatives is generally consulted, also. In fact, if the house
+opposed such a treaty it is questionable whether it could be carried out.
+In each of the three great purchases of territory the president consulted
+congress before making the purchase.
+
+[2] The nominations are made in writing, and the senate may either confirm
+or reject the nominees. The person or persons confirmed are then appointed
+by the president. When a nominee is rejected, the president generally
+sends in a new nomination.
+
+This mode of appointment is thus defended by Alexander Hamilton, in the
+_Federalist:_ "The blame of a bad nomination would fall upon the president
+singly and absolutely. The censure of rejecting a good one would lie
+entirely at the door of the senate; aggravated by the consideration of
+their having counteracted the good intentions of the executive. If an ill
+appointment should be made, the executive for nominating, and the senate
+for approving would participate, though in different degrees, in the
+opprobrium and disgrace."
+
+It will be noted in this connection that, while in the state most of the
+officers are elected, in the general government all officers except the
+president and vice-president are appointed.
+
+In Washington's administration the question was raised, can the president
+remove officers without the consent of congress? And it was decided that
+the president can remove all officers whom he can appoint. Judges, who
+hold for life, are of course excepted. During Johnson's administration,
+the power of the president in this direction was declared to be exactly
+equal to his power of appointment,--that is, if the consent of the senate
+be necessary to an appointment, it would also be necessary for removal.
+But afterwards the law was amended, so that now the president may suspend
+an officer until the end of the next session of the senate, and make a
+temporary appointment. If the senate does not at its next session confirm
+the nomination to fill the vacancy, the old officer is re-instated. But if
+the president is determined to carry his point, he may immediately suspend
+the old officer again, and re-appoint the rejected candidate, and continue
+so to do.
+
+During the early administrations comparatively few removals were made,
+except where it seemed necessary for the improvement of the public
+service. But Andrew Jackson introduced into our politics the proposition,
+"To the victors belong the spoils;" which means that the party electing
+the president should have all the offices. This view of the case presents
+to every public officer the temptation to secure himself in place, not by
+meritorious service in the line of his duty, but by activity in the
+service of his party; the tendency is, to displace love of country and
+devotion to duty, and to substitute therefor subserviency to strong party
+leaders. So crying has the evil become, that many of the wisest and most
+patriotic men in the country are seeking to so far reform the public
+service that an officer may feel reasonably secure in his position so long
+as he performs his duties faithfully, and that vacancies shall be filled
+by the promotion of worthy subordinates.
+
+[3] This is to secure two objects: first, to relieve the president of the
+burden of appointing thousands of such officers; and second, to place the
+appointment in the hands of the officers responsible for the work of these
+subordinates.
+
+The principal officers thus appointed are:
+
+1. Postmasters having salaries less than $1000 a year, appointed by the
+postmaster general.
+
+2. Clerks, messengers, janitors, etc., in the several departments,
+appointed by the respective secretaries. The chiefs of bureaus and some of
+the more important officers in each department are appointed by the
+president with the consent of the senate.
+
+3. The subordinates in each custom house, appointed by the collector
+thereof.
+
+4. Clerks of United States courts, appointed by the judges. The United
+States district attorneys and marshals are appointed by the president,
+with the consent of the senate.
+
+The term of appointees is four years, unless sooner removed. They may be
+and are removed, however, as before said, not only for unfitness, but also
+for political reasons.
+
+_Clause 3.--Temporary Appointments._
+
+_The president shall have power to fill up all vacancies that may happen
+during the recess of the senate, by granting commissions which shall
+expire at the end of their next session._
+
+This provision is necessary because the senate is not always in session,
+and it would not pay to convene it for the purpose of acting upon
+nominations every time a vacancy occurs. The president may wait, however,
+if the case will permit, until the next session of congress before making
+an appointment.
+
+
+SECTION III.--DUTIES OF THE PRESIDENT.
+
+_He shall from time to time give to congress information of the state of
+the Union, and recommend to their consideration such measures as he shall
+judge necessary and expedient;[1] he may on extraordinary occasions,
+convene both houses or either of them,[2] and in case of disagreement
+between them, with respect to the time of adjournment, he may adjourn them
+to such time as he shall think proper;[3] he shall receive ambassadors and
+other public ministers;[4] he shall take care that the laws be faithfully
+executed,[5] and shall commission all officers of the United States.[6]
+
+[1] The president complies with this provision by sending to congress at
+the beginning of each regular session his annual message. And at other
+times, as occasion demands, he sends special messages.
+
+[2] Congress has been convened in extra session by presidential
+proclamation only twelve times in all. The senate is frequently convened
+in extra session at the close of the regular session to consider
+appointments. This usually happens on the accession of a new president.
+
+[3] No occasion has ever arisen for the exercise of this power.
+
+[4] In all governments, diplomatic intercourse with other governments is
+carried on through the executive department. (See pages 347 and 349.)
+
+By "receiving" an ambassador, the country from which he comes is
+"recognized" as an independent sovereignty, a nation. Ambassadors may be
+rejected or dismissed, if personally objectionable to this country, if the
+countries from which they come are not recognized as belonging to the
+sisterhood of nations, or if the relations between their country and this
+become unfriendly. Nations at war with each other do not exchange
+ambassadors; each recalls its representative at the time of declaring war.
+Our ambassadors or other public ministers may be rejected by other nations
+for the reasons given above.
+
+It will readily be seen that this power or duty may impose upon the
+president at times, grave responsibility. The nature of this
+responsibility may be understood when we remember the efforts made by the
+confederate states to secure recognition of their agents at the courts of
+London and Paris, during the civil war. For either country to have
+recognized them would have been to interrupt our friendly relations with
+that country, and might have led to war between it and us. (See page 347.)
+
+[5] This is the president's most important duty; and it is his duty to
+enforce the law whether he believes in its wisdom or not. He acts through
+the executive officers previously referred to.
+
+[6] The commission bears the signature of the president and the great seal
+of the United States, the latter affixed by the secretary of state.
+
+
+SECTION IV.--RESPONSIBILITY OF OFFICERS.
+
+_The president, vice-president, and all civil officers of the United
+States, shall be removed from office on impeachment for, and conviction
+of, treason, bribery, or other high crimes and misdemeanors._
+
+The word "civil" in the provision is used here in distinction from
+_military_ and _naval_. It is generally understood that members of
+congress are not "civil officers" within the meaning of this provision.
+Military and naval officers are tried by courts-martial, and members of
+congress are subject to trial by the house to which they belong.
+
+The definition of "high crimes and misdemeanors" rests with the senate.
+Treason is defined in the constitution, and bribery has a meaning
+understood by all.
+
+There have been seven cases of impeachment before the United States
+Senate. (See pages 131, 138 and 333.)
+
+
+_Pertinent Questions._
+
+When, near the close of the late war, General Grant commanded all the
+armies of the Union, had he any superior officer? (That is, was there any
+officer higher in rank than he?) Who is commander-in-chief of the United
+States army today? Who is the highest purely military officer, and what is
+his rank?
+
+Name the members of the present cabinet. If you wanted to trade with the
+Indians, to whom would you make application for permission?
+
+Can the president pardon before trial? What cases can he not pardon? Name
+some one pardoned by the president. Could he pardon prisoners confined for
+breach of state law? Where does the general government confine its
+prisoners?
+
+What is the smallest number of senators that could confirm or reject a
+treaty? What is meant by the executive session of the senate? How could
+you witness the proceedings at such a session? How large a vote is
+necessary to confirm a nomination of the president?
+
+What is an ambassador? A minister? A consul? What is meant by "inferior"
+officers? By "civil service reform?"
+
+State the principle which seems to cover the matter of removals.
+
+Have you read the president's last annual message? What "information" did
+he give to congress? What "recommendations" did he make? How was the
+message delivered to congress? What "extra sessions" of congress do you
+remember? What ones have you read about in books? When were the different
+extra sessions called?
+
+Give the number of bills vetoed by each president.
+
+Has the president ever had to adjourn congress? For how long could he do
+it? How is the British parliament prorogued?
+
+Where do impeachments originate? By whom are they tried? Who may be
+impeached? What for? Can persons who have ceased to be officers be
+impeached? What is the extent of sentence? Was President Johnson
+impeached? How is an impeachment trial conducted? What persons have been
+impeached?
+
+Prepare a tabulation telling:
+
+  1. Mode of election of president (general statement only)
+  2. Qualifications.
+  3. Term.
+  4. Vacancy.
+  5. Salary--constitutional provision; law.
+  6. Powers.
+  7. Duties.
+
+
+
+
+CHAPTER XXIV.
+
+ARTICLE III.--THE JUDICIAL BRANCH.
+
+
+In the two articles so far considered, we have studied about the
+law-_making_ and the law-_enforcing_ branches of the government. We shall
+next examine the third great branch, the one which _interprets_ and
+_applies_ the laws.
+
+
+SECTION I.--ORGANIZATION.
+
+_The judicial power of the United States shall be vested in one Supreme
+Court,[1] and in such inferior courts as the congress may from time to
+time ordain and establish.[2] The judges both of the Supreme and inferior
+courts, shall hold their offices during good behavior,[3] and shall at
+stated times receive for their services a compensation[4] which shall not
+be diminished during their continuance in office.[5]_
+
+[1] The creation of the Supreme Court, a distinct coordinate branch for
+the final interpretation of law, was the master-stroke of the
+constitution. "The Supreme Court has no prototype in history."
+
+While the _existence_ of the Supreme Court is thus provided for in the
+constitution, the _number of judges_ to constitute it was wisely left with
+congress. Thus the organization may be changed as circumstances change.
+The Supreme Court at first consisted of six justices, as they are called;
+but owing to the growth of the country and the consequent increase of
+labor to be performed, the number of justices has been increased to nine.
+
+[2] Under this provision congress has established three grades of
+"inferior" United States courts, the Circuit Courts of Appeal, Circuit
+Courts, and the District Courts. The United States is divided into nine
+judicial _circuits_, to each of which are assigned one justice of the
+Supreme Court and two circuit judges. (See page 307.) These constitute
+what is called the Circuit Court of Appeals, having appellate jurisdiction
+in their respective circuits and holding annual sessions for that purpose.
+(See page 210.)
+
+The United States is further subdivided into more than sixty judicial
+_districts_. In each of these districts, at least one session of the
+circuit court and one of the district court is held each year. (See pages
+210 and 307-9.) A full circuit court bench consists of a supreme court
+justice, a circuit judge, and a district judge; but court may be held by
+any one or two of them. The district court consists of the district judge.
+
+[3] This virtually means during life. The purpose of this provision is to
+raise the judges above temptation, to put them in a position where they
+may feel safe in doing their exact duty, unawed by any outside power. If
+with this opportunity they prove unjust, they may be impeached. But so
+far, almost without exception, those who have been honored with a place on
+a United States court have proved worthy of their high calling.
+
+[4] The purpose of this also is to remove temptation from the judges. The
+salary of the chief justice is $10,500 a year, and that of each associate
+justice, $10,000. This seems like a generous amount. But several times a
+place on the supreme bench has been declined, on the plea that the nominee
+could not afford to serve for the salary attached.
+
+[5] This is to prevent the other two branches from occupying a threatening
+attitude toward the judiciary. But the salary may be increased. And the
+salary may be reduced, to take effect with appointments made after the
+passage of the law.
+
+
+SECTION II.--JURISDICTION OF THE COURTS.
+
+_Clause 1.--Extent._
+
+The judicial power shall extend to all cases,[1] in law and equity,[2]
+arising under this constitution, the laws of the United States, and
+treaties made or which shall be made, under their authority;[3] to all
+cases affecting ambassadors, other public ministers, and consuls;[4] to
+all cases of admiralty jurisdiction;[5] to controversies to which the
+United States shall be a party;[6] to controversies between two or more
+states;[7] between a state and citizens of another state;[8] between
+citizens of different states;[9] between citizens of the same state
+claiming lands under grants of different states;[10] and between a state
+or the citizens thereof, and foreign states, citizens or subjects.[11]_
+
+[1] The courts decide what the law is, whether a specified law is
+constitutional or not, and what the meaning of constitutional provisions
+is, but only as these questions arise in _cases_ brought before them for
+trial. They do not advise congress or the president as to the
+constitutionality or unconstitutionally of a law. They do not directly
+make law. But in determining the meaning of certain laws and of
+constitutional provisions they may determine what the law is, and thus
+they may be said to make law indirectly. But sometimes a legal question or
+a question as to the meaning of a constitutional provision remains for a
+long time unanswered, because no _case_ involving the question comes
+before the courts.
+
+[2] Sometimes the law provides no adequate remedy for a wrong. Here is the
+necessity for a court of equity. For instance, A sells his business to B,
+agreeing not to become a rival, but immediately reopens in the next block.
+B's only remedy in law is to secure damages. If this remedy is shown to be
+inadequate, a court of equity will close A's store. Or if C, having
+contracted to do a certain act for D, fails or declines to perform his
+part, the law can only award D damages; equity will compel the fulfillment
+of the contract. Law is curative, equity is preventive. (See Dole, 502.)
+
+In some states there are separate courts of law and of equity. But the
+provision under discussion gives the United States courts jurisdiction in
+cases both of law and of equity. "There are no juries in equity cases, and
+no criminal trials."
+
+[3] These pertain to the whole United States, so cases arising under them
+should be tried by a national, not by a state, court.
+
+[4] Thus showing respect for the governments represented by them.
+
+[5] That is, to cases arising on the high seas or on navigable waters.
+These matters, according also to I. 8: 10, 11, are under the jurisdiction
+of the United States, and therefore this provision is simply a consequence
+of the two referred to.
+
+[6] Because then the interests of the whole country are at stake, and
+should not be left to any state.
+
+[7] Because the United States was organized to "insure domestic
+tranquility."
+
+[8] This provision has been modified by the eleventh amendment, which
+reads as follows: "The judicial power of the United States shall not be
+construed to extend to any suit in law or equity, commenced or prosecuted
+against one of the United States by citizens of another state, or by
+citizens or subjects of any foreign state." That is, if the state is the
+_plaintiff_, the suit may be tried by the United States Supreme Court
+(compare clause 2). Claims of individuals against a state, if denied by
+the auditor, may be referred by them to the legislature. A state cannot be
+sued by an individual or corporation.
+
+When a citizen is sued he must be sued either in the courts of the United
+States or in those of his own state. It would be a source of irritation to
+compel a state to sue a citizen of another state in the courts of his own
+state, hence this provision that such suits shall be in the United States
+court.
+
+[9] To remove temptation to injustice through local prejudice. But the
+suit is tried in, and in accordance with the laws of, the state of which
+the defendant is a citizen.
+
+[10] Because the states are involved in the suit, and it would be unfair
+to let either decide the controversy.
+
+This provision is not of much importance now, because state boundaries are
+clearly defined. But when the constitution was framed, this kind of
+question meant a good deal. The charters given during colonial times were
+very loosely drawn, and claims of different colonies and proprietors
+overlapped each other. The question of ownership had not been settled at
+the time of the revolution. During the formative or confederation period,
+these disputes had been a source of much ill-feeling.
+
+[11] Because the general government, and not the individual states, has
+charge of our foreign relations. A foreign country holds the United States
+responsible for the acts of its citizens; and only the United States can
+be looked to, to secure justice to its citizens on the part of foreign
+countries or citizens.
+
+_Clause 2.--Jurisdiction of the Supreme Court._
+
+_In all cases affecting ambassadors, other public ministers and consuls,
+and those in which a state shall be a party, the Supreme Court shall have
+original jurisdiction.[1] In all the other cases before mentioned, the
+Supreme Court shall have appellate jurisdiction,[2] both as to law and
+fact, with such exceptions and under such regulations as the congress
+shall make.[3]_
+
+[1] That is, such a suit must _commence_ in the Supreme Court, and so
+cannot be tried elsewhere.
+
+[2] That is, the action must commence in some lower court, but it may be
+appealed to the Supreme Court.
+
+The U.S. District Court has jurisdiction over crimes committed on the high
+seas, and over admiralty cases in general; over crimes cognizable by the
+authority of the United States (not capital) committed within the
+district, and over cases in bankruptcy.
+
+The U.S. Circuit Court has original jurisdiction in civil suits involving
+$2000 or more, over equity cases, and over cases arising under patent and
+copyright laws.
+
+[3] To relieve the Supreme Court, which was years behind with its work,
+congress recently provided for a U.S. Circuit Court of Appeals in each of
+the nine circuits, which has final appellate jurisdiction in nearly all
+cases except those involving the constitutionality of a law.
+
+_Clause_ 3.--_The Trial of Crimes._
+
+_The trial of all crimes, except in cases of impeachment, shall be by
+jury,[1] and such trial shall be held in the state where said crimes shall
+have been committed;[4] but when not committed within any state,[3] the
+trial shall be at such place or places as congress may by law have
+directed.[4]_
+
+[1] A trial by jury is a trial by twelve men impartially selected. This is
+regarded as one of the great bulwarks of liberty.
+
+Civil cases may, at the desire of both parties, be tried by the court
+only. But for criminal trials a jury is guaranteed by this provision. In a
+criminal trial, the state or the nation is the prosecutor, and state or
+national judges _might_ be tempted to decide unjustly, if the matter were
+left to them.
+
+[2] This leaves the accused in better condition to defend himself, than if
+he could be taken away far from home. He is thus able at the least expense
+to bring witnesses in his own behalf. In harmony with this, each state has
+at least one U. S. District Court for the trial of crimes against the
+general government. (See Declaration of Independence.)
+
+This provision is probably binding also upon the states.
+
+[3] That is, in the District of Columbia, in one of the territories, in
+the Indian country, in the forts or arsenals of the United States, or upon
+the high seas.
+
+[4] Congress has specified courts for the trial of such crimes. Those
+committed on the high seas are tried in the state where the vessel
+arrives. (See pages 230-4.)
+
+
+SECTION III.--TREASON.
+
+_Clause 1.--Definition and Trial._
+
+_Treason against the United States shall consist only in levying war
+against them, or in adhering to their enemies, giving them aid and
+comfort.[1] No person shall be convicted of treason unless on the
+testimony of two witnesses to the same overt act, or on confession in open
+court.[2]_
+
+[1] Treason is, in essence, a deliberate and violent breach of the
+allegiance due from a citizen or subject to his government. Being directed
+against the powers that be, the government in self defense is tempted to
+punish it severely. The more tyrannical a government is the more likely it
+is to be plotted against, and the more suspicious it becomes. If treason
+were undefined, the government might declare acts to be treasonable which
+the people never suspected to be so. This had occurred so many times, and
+good men had so often been sent on this charge to an ignominious death,
+that the framers of the constitution deemed it prudent to define treason
+carefully in the fundamental law itself.
+
+These provisions are taken from the famous statute of Edward III which
+first defined treason in England. This statute declared five things to be
+treasonable, only the third and fourth of which are held by our
+constitution to be so.
+
+[2] An overt act is an open act, not one that is simply meditated or
+talked about, but one actually performed.
+
+The Supreme Court has decided that there must be an actual levying of war;
+that plotting to overthrow the government is not treason. But if
+hostilities have actually begun, if war has commenced, "all those who
+perform any part, however minute, or however remote from the scene of
+action, and who are leagued in the general conspiracy, are to be
+considered traitors."
+
+Two witnesses, at least, "to the _same_ overt act," are required, because
+thus only can a "preponderance of testimony" be secured.
+
+_Clause 2.--Punishment._
+
+_The congress shall have power to declare the punishment of treason, but
+no attainder of treason shall work corruption of blood or forfeiture
+except during the life of the person attainted._
+
+As has been hinted, the punishment of treason had been very severe in
+European countries. Not only was the person convicted of treason put to
+death in the most horrible ways, but his property was forfeited, and no
+one could inherit property from him or through him. Thus not only the
+person himself, but also his children and his children's children, were
+punished. The purpose of this provision is, in the words of Mr. Madison,
+to restrain congress "from extending the consequences of guilt beyond the
+person of its author."
+
+
+_Pertinent Questions._
+
+By what authority was the Supreme Court established? By whom is it
+organized? Why is such a court necessary? How many judges or justices
+constitute the Supreme Court? Name them. Tell what president appointed
+each.
+
+How many and what "inferior courts" has congress established? Name the
+Supreme Court justice assigned to this circuit. How many other states in
+this circuit? Name our two United States circuit judges. Name the United
+States district judge. How are these officers appointed? How long do they
+serve? State the salary of each class of judges. What legal provision is
+there in regard to retiring United States judges?
+
+If a person should rob the mail, in what court would he be tried? Tell
+about the Dartmouth College case. If any one should be caught making
+cigars without a license, before what court would he be tried? If an
+American owed money to an ambassador from a foreign country, and declined
+to pay it, how could the ambassador get his pay? If the ambassador owed an
+American, how could the American get his pay? Would you, if the United
+States government asked you to represent it in a foreign country, like to
+be tried by a court of that country?
+
+If a murder be committed in the District of Columbia, in what court is the
+trial had? If committed in Minnesota? In Wyoming? If a sailor should steal
+from a passenger, when out on the ocean, where would the case be tried and
+in what court?
+
+If a state other than the one in which you live should sue you where could
+the case be tried? How can the United States be a party to a suit?
+
+Have you knowledge of any case in which one state sued another? If a
+merchant in your town should buy goods from a wholesale house in Chicago
+or New York, and should fail or refuse to pay for them, how could the
+house get its pay? What laws would apply to the case? What principle seems
+to be involved in these answers?
+
+How many acts of congress have been declared unconstitutional by the
+Supreme Court?
+
+Can a citizen of Wyoming bring a suit in a United States court? If you
+lived in Montana, how could you recover money owed you in Minnesota? Can a
+United States official be sued for acts performed in the discharge of his
+duties?
+
+What famous case of treason was tried in 1807? Was Jefferson Davis ever
+tried for treason?
+
+If the property of a traitor is taken by the government, must it be
+restored to his heirs at his death? Can you commit treason against this
+state? What do you know about the John Brown case?
+
+Compare III. 2, 3, with amendments 5 and 6, and state the rights of a
+person accused of crime, which are guaranteed by the constitution.
+
+
+_Debate._
+
+Resolved, That all judicial officers should be appointed.
+
+
+_Tabular View._
+
+Prepare a tabular view comparing the three departments of the United
+States government.
+
+
+
+
+CHAPTER XXV.
+
+ARTICLE IV.--THE RELATIONS OF THE STATES.
+
+
+SECTION I.--STATE RECORDS.
+
+_Full faith and credit[1] shall be given in each state to the public
+acts,[2] records,[3] and judicial proceedings[4]of every other state. And
+the congress may by general laws prescribe the manner in which such acts,
+records and proceedings shall be proved,[5] and the effect thereof._
+
+[1] That is, such faith and credit as would be given to such acts, etc.,
+in the state in which they originated.
+
+[2] That is, the legislative acts,--the statutes and the constitutions.
+
+[3] Such as the registration of deeds, wills, marriages, journals of the
+legislature, etc.
+
+[4] The proceedings, judgments, orders, etc., of the courts.
+
+[5] The records of a court are "proved" (that is, shown to be authentic)
+by the attestation of the clerk, with the seal of the court affixed, and
+the certificate of the judge. The acts of the legislature are
+authenticated by the state seal.
+
+
+SECTION II.--RELATIONS TO INHABITANTS OF OTHER STATES.
+
+_Clause 1.--Citizens._
+
+_The citizens of each state shall be entitled to all privileges and
+immunities of citizens in the several states._
+
+That is, no state can give its citizens any privileges which it denies to
+citizens of other states. For instance, a citizen of Wisconsin, New York
+or California, coming to Minnesota has all the privileges of a citizen of
+Minnesota. To be sure he cannot vote in Minnesota until he has resided
+here for a time. This is simply a police regulation, to prevent fraud in
+voting. But he is entitled to the protection of the laws of Minnesota, may
+hold property here, and may engage in any business in which a citizen of
+Minnesota may engage.
+
+He cannot, however, carry with him any special privileges which he may
+have enjoyed in the state from which he came. Thus, if one state permits a
+person to vote upon declaring his intention to become a citizen while
+another requires that a voter shall be a full citizen, a person coming
+from the first state cannot claim the right to vote in the second until he
+becomes a full citizen.
+
+Study in this connection the first clause of the fourteenth amendment.
+
+_Clause 2.--Fugitives from Justice._
+
+_A person charged in any state with treason, felony or other crime, who
+shall flee from justice, and be found in another state, shall, on demand
+of the executive authority of the state from which he fled, be delivered
+up, to be removed to the state having jurisdiction of the crime._
+
+The necessity for this provision will readily be understood, when it is
+remembered that each state has jurisdiction only within its own limits.
+But for this provision, criminals would be comparatively free from
+restraint, because they could in most cases get into another state. And
+this would of course tend to increase the number of criminals. (See pp.
+337, 349.)
+
+As civilization advances, countries independent of each other politically
+agree, for their mutual protection, to surrender to each other fugitives
+from justice. Treaties made for this purpose are called _extradition_
+treaties.
+
+_Clause 3.--Fugitives from Service._
+
+_No person held to service or labor in one state, under the laws thereof,
+escaping into another, shall, in consequence of any law or regulation
+therein, be discharged from such service or labor, but shall be delivered
+up on claim of the party to whom such service or labor may be due._
+
+This clause was inserted as a concession to the slave-holding states, and
+had special reference to slaves, though it also applied to apprentices and
+any other persons who for any reason might be "bound to service." But as
+slavery no longer exists, and apprenticeship and other binding to service
+are almost things of the past, this provision is practically obsolete.
+
+
+SECTION III.--NEW STATES AND TERRITORIES.
+
+_Clause 1.--The Admission of New States._
+
+_New states may be admitted by the congress into this Union;[1] but no new
+state shall be formed or erected within the jurisdiction of any other
+state;[2] nor shall any state be formed by the junction of two or more
+states or parts of states, without the consent of the legislatures of the
+states concerned as well as of the congress.[3]_
+
+[1] These few words mark an era in political history. Heretofore nations
+had acquired new territory merely to enlarge the extent of their
+_provinces_ or subject states, never with a view of uniting the acquired
+territory with the original system, allowing it equal political
+privileges. But when we look at the matter carefully, we shall see that
+our government could not consistently do otherwise than it did. The
+proposition involved in the revolution was that new territory should
+either be permitted to enjoy equal privileges with the parent state, or it
+should become independent.
+
+But it was not simply to carry out a political theory that this provision
+was made; it was to solve a practical difficulty. At the close of the
+Revolutionary War, the United States extended west to the Mississippi
+river. The territory west of the Alleghany mountains contained almost no
+inhabitants, and was of course unorganized. This territory became the
+object of contention. Some of the states claimed jurisdiction over it,
+while others maintained that it was not within the limits of any states,
+and that, as it had been secured by a war waged by the general government,
+this territory should be considered common property, to be managed by the
+general government. The states having claims upon the territory expressed
+a willingness to relinquish them upon the condition that the territory
+should be formed into states as soon as the population would warrant.
+Accordingly, before the constitution was framed all these states except
+North Carolina and Georgia had relinquished their claims, and all but a
+small portion of the territory was under the jurisdiction of the general
+government. And July 13, 1787, that portion of the country west of
+Pennsylvania and north of the Ohio, had been organized into the Northwest
+Territory. This act of congress is generally known as The Ordinance of
+1787. It was for a long time the model upon which other territories were
+organized.
+
+[2] This shows the fear entertained lest the general government should try
+to control a state by threatening its existence.
+
+[3] Vermont was claimed by both New York and New Hampshire. Both consented
+to her admission.
+
+Kentucky was a part of Virginia, and became a state with her consent.
+
+Maine became a state with the consent of Massachusetts, of which it had
+been a part.
+
+West Virginia was admitted during the war, the consent of Virginia being
+obtained afterwards.
+
+_Clause 2.--The Territories._
+
+_The congress shall have power to dispose of and make all needful rules
+and regulations respecting the territory or other property belonging to
+the United States;[1] and nothing in this constitution shall be so
+construed as to prejudice any claims of the United States, or of any
+particular state.[2]_
+
+[1] The power to _acquire_ territory is not expressly granted in the
+constitution, but it is implied as an act of sovereignty. Territory was
+acquired by the general government before the constitution by cession from
+states, and since the adoption of the constitution it has been acquired by
+purchase, by discovery, by conquest, and by annexation.
+
+The power to _dispose_ of territory is also an attribute of sovereignty,
+and would have belonged to the general government without this provision.
+But this provision places the power in the hands of _congress_; otherwise
+land could be sold by the treaty-making power. Under this provision
+congress receded to Virginia that portion of the District of Columbia
+south of the Potomac.
+
+The power to govern any territory which it possesses is also an attribute
+of sovereignty. This clause gives the power to congress; but any law for
+the regulation of territories needs the president's signature, the same as
+any other law.
+
+[2] It will be remembered that North Carolina and Georgia had not at the
+time of the adoption of the constitution relinquished their claims to
+certain territory lying outside of their state limits. This provision was
+made as a concession to them. But they afterwards, North Carolina in 1790
+and Georgia in 1802, ceded the disputed territory to the United States.
+
+
+SECTION IV.--GUARANTIES TO THE STATES.
+
+_The United States shall guarantee to every state in this Union a
+republican form of government,[1] and shall protect each of them against
+invasion,[2] and on application of the legislature, or of the executive
+(when the legislature cannot be convened), against domestic violence.[3]_
+
+[1] That is, the United States will protect each state against one man or
+a few men who may try to usurp the functions of the state government. By
+inference, the United States could insist upon a republican form of
+government even if the people of the state desired some other. Happily, no
+necessity for the exercise of this power has yet arisen.
+
+[2] This would have been the duty of the general government, even if this
+provision had not been made. To defend the country against invasion is one
+of the principal duties of government. The government was organized "to
+provide for the common defense."
+
+[3] To "insure domestic tranquillity" was another reason given for the
+establishment of the constitution. But lest the general government should
+make every little disturbance a pretext for interfering with the local
+affairs of a state, it was provided that no interference should occur
+until asked for by state authority.
+
+
+_Pertinent Questions_.
+
+If a judgment is secured against a resident of New York and he moves to
+Minnesota without paying it, could he be held responsible in Minnesota
+without another suit? Is a marriage ceremony performed in Illinois binding
+in Kansas?
+
+Define citizen. Can a person be a citizen of the United States without
+being a citizen of any state? Could he be a citizen of a state and not be
+a citizen of the United States? A certain southern state imposed a tax
+upon commercial travelers not residents of that state; was the act
+constitutional? What is the Civil Rights bill, and why was it passed? Can
+a citizen of any state claim in another state any privileges peculiar to
+the state from which he removed?
+
+How is a "fugitive from justice" secured when he has escaped into another
+state? Is a governor obliged to surrender an escaped criminal upon demand
+of the authorities of the state from which he escaped? How is a criminal
+secured if he escapes into another country? Name countries with which we
+have _extradition_ treaties. Have we any with Canada?
+
+What were the provisions of the fugitive slave law?
+
+Did the articles of confederation provide for the admission of new states
+into the union? Name the first state admitted into the Union. The last.
+What territories are now seeking admission into the sisterhood of states?
+How does a territory become a state? What advantages are gained by
+becoming a state? Is congress bound to admit new states? Can congress
+compel a territory to become a state? Can it compel a state to remain a
+state? Is there such a thing in our system as _a state out of the Union?_
+
+What does a citizen of the United States lose by moving into a territory?
+
+Does the constitution define a _republican_ government? Is any particular
+department charged with the duty of guaranteeing to each state a
+republican form of government?
+
+When did the United States protect a state against invasion? Against
+domestic violence? Have any states been admitted into the Union more than
+once?
+
+
+
+
+CHAPTER XXVI.
+
+ARTICLE V.--AMENDMENTS TO THE CONSTITUTION.
+
+
+_The congress, whenever two-thirds of both houses shall deem it necessary,
+shall propose amendments to this constitution, or, on the application of
+the legislatures of two-thirds of the several states, shall call a
+convention for proposing amendments, which, in either case, shall be valid
+to all intents and purposes, as a part of this constitution, when ratified
+by the legislatures of three-fourths of the several states, or by
+conventions in three-fourths thereof, as the one or the other mode of
+ratification may be proposed by the congress;[1] provided, that no
+amendment, which may be made prior to the year one thousand eight hundred
+and eight, shall, in any manner, affect the first and fourth clauses in
+the ninth section of the first article;[2] and that no state, without its
+consent, shall be deprived of its equal suffrage in the senate.[3]_
+
+[1] No one realized more fully than the framers of the constitution that,
+with the best thought which they could give to it, the constitution might
+need amending, and therefore they provided ways for proposing and
+ratifying amendments.
+
+It is purposely made difficult to amend the constitution because the
+fundamental law should not be changed except for weighty reasons. If these
+exist, the amendments may be made; the difficulty is not so great as to be
+insurmountable.
+
+[2] By reading the clauses referred to, the student will readily see whom
+this was a concession to.
+
+[3] This was to protect the small states, in whose interest the senate was
+organized.
+
+The first ten amendments were proposed by congress at its first session in
+1789, and they were ratified in 1791.
+
+Two other amendments were proposed at the same time, but they were not
+ratified. One of them was to regulate the number of representatives; the
+other, to prevent congressmen from increasing their own salaries.
+
+The eleventh amendment was proposed in 1796, and ratified in 1798.
+
+The twelfth amendment, a consequence of the disputed election of 1801, was
+proposed in 1803, and ratified in 1804.
+
+An amendment prohibiting citizens of the United States from accepting any
+titles, pensions, presents, or other emoluments from any foreign power, on
+pain of loss of citizenship, was proposed in 1811, but it was not
+ratified.
+
+An amendment making slavery perpetual was proposed in 1861, in the hope
+that this might avert the war, but it was not ratified.
+
+The thirteenth and fourteenth amendments were proposed in 1865 and 1868
+respectively, and they were ratified the same years.
+
+The fifteenth amendment was proposed in 1869, and ratified in 1870.
+
+The propositions of amendments have thus far been made by congress, and
+all ratifications have been made by the state legislatures.
+
+
+_Pertinent Questions._
+
+State four ways in which the constitution may be amended. What _temporary_
+limitation was placed upon the power to amend the constitution? What
+_permanent_ prohibition? How is the English constitution amended? In what
+case _must_ congress call a convention to propose amendments? Must the
+convention thus called propose any amendments? Which is the better of the
+two ways of proposing amendments? When an amendment is proposed by
+two-thirds of both houses of congress, is it necessary to secure the
+approval of the president? Can a state withdraw its ratification of an
+amendment? When is an amendment, once proposed, dead? Did it take
+three-fourths of _all_ the states or only three-fourths of the loyal
+states to ratify the thirteenth amendment? How many of the disloyal states
+finally ratified it? How is the ratification and consequent validity of
+any proposed amendment made known?
+
+
+
+
+CHAPTER XXVII.
+
+ARTICLE VI.--MISCELLANEOUS.
+
+
+_Clause 1.--Prior Debts and Engagements._
+
+_All debts contracted and engagements entered into before the adoption of
+this constitution, shall be as valid against the United States under this
+constitution as under the confederation._
+
+The debts were incurred and the engagements were entered into by the
+United States, and changing the _form of government_ would not release the
+country from its obligations. The insertion of this provision however,
+served as an explicit statement of the purpose of the government to live
+up to its engagements.
+
+_Clause 2.--National Supremacy._
+
+_This constitution, and the laws of the United States which shall be made
+in pursuance thereof, and all treaties made, or which shall be made, under
+the authority of the United States, shall be the supreme law of the land;
+and the judges in every state shall be bound thereby, anything in the
+constitution or laws of any state to the contrary notwithstanding._
+
+This provision settles definitely, and in what would seem to be
+unmistakable terms, the question of supremacy, about which so much
+discussion has been carried on. Within its sphere, within the limitations
+placed upon it by the constitution itself, the national government has the
+supremacy over any and all state governments.
+
+_Clause 3.--Oath of Office._
+
+_The senators and representatives before mentioned, and the members of the
+several state legislatures, and all executive and judicial officers, both
+of the United States and of the several states, shall be bound by oath or
+affirmation, to support this constitution;[1] but no religious test shall
+ever be required as a qualification to any office or public trust under
+the United States.[2]
+
+[1] The first law passed by congress under the constitution was an act
+prescribing the form of the oath required by the provision above. It is as
+follows: "I, A. B., do solemnly swear, or affirm (as the case may be),
+that I will support the constitution of the United States."
+
+[2] In all other countries at the time of the adoption of this
+constitution eligibility to public office was limited to members of the
+established church of the country. This constitution set the example of
+abolishing religious tests for public office, and the wisdom of this is so
+apparent that it has been followed entirely or in part by many of the
+civilized nations.
+
+
+
+
+CHAPTER XXVIII.
+
+ARTICLE VII.--RATIFICATION OF THIS CONSTITUTION.
+
+
+_The ratification of the conventions of nine states shall be sufficient
+for the establishment of this constitution between the states so ratifying
+the same._
+
+Nine states made two-thirds of the entire number. Eleven states ratified
+the constitution within nine months of the time of its submission to them.
+As soon as nine states had ratified, congress made arrangements for
+putting the new form of government into operation.
+
+The mode of ratification herein specified ignored the existence of the
+articles of confederation, and in specifying this mode the convention
+disregarded the instructions of the congress which called it. The congress
+had expressly provided that the work of the convention should be submitted
+to the congress and the state legislatures for approval. But this
+provision places the power to ratify in the hands of conventions elected
+by the people in the several states, which arrangement is in harmony with
+the opening words of the preamble.
+
+
+_Pertinent Questions._
+
+What is the recognized law of nations in regard to the payment of the
+debts of a nation when it changes its form of government? If England
+should become a republic would this rule apply? Does it apply when a
+territory becomes a state? Were the debts of the confederation paid? How?
+What was the amount of the debt of the United States at the time of the
+adoption of the constitution? What is the value of the notes and bonds of
+the "Confederate States of America"? Why?
+
+Which is sovereign, the nation or the individual states? Where else are
+there any provisions which teach the same thing? Why should _judges_ be
+specially mentioned in VI. 2? What department of the government makes
+treaties? Are they binding upon the other departments? Upon the several
+states? Can a state nullify an act of congress? Has any state ever tried
+to do so?
+
+Why are _state_ officers bound to support the constitution of the _United
+States_? Is the requirement to take the "oath of office" a religious test?
+Why is the choice of oath or affirmation given? What was the iron-clad
+oath?
+
+Would the ratification of the constitution by nine states have made it
+binding upon the other four? The articles of confederation required the
+consent of all the states to any amendment to them; by what right was this
+constitution adopted against the wishes of Rhode Island and North
+Carolina? If those two states had persisted in their refusal to ratify the
+constitution, what would have been their relations to the United States?
+Justify your answer.
+
+
+
+
+CHAPTER XXIX.
+
+THE AMENDMENTS.
+
+
+We have now considered the constitution about as it was presented to the
+states for ratification. Judging by our own affection for the noble
+instrument we would expect to learn that it was ratified promptly and
+unanimously. But, as a matter of fact, much hard work was required on the
+part of its friends to secure its ratification. Its every provision had to
+be explained and justified. Probably the most able exposition was made by
+Hamilton, Madison and Jay, in a series of papers entitled, "The
+Federalist."
+
+One of the greatest objections urged against the constitution was that it
+did not guarantee sufficiently the rights of individuals. It will be
+remembered in this connection that the principal grievance against
+England, as expressed in the Declaration of Independence, was that
+personal rights had not been respected; and that, in consequence, the
+first form of government organized after independence, The Articles of
+Confederation, gave the general government no power to reach individuals.
+Experience showed this to have been a mistake, and the constitution
+authorizes the general government to execute its laws directly, enabling
+it to hold individuals responsible. On account of this re-enlargement of
+power, many people honestly feared that the new government might trespass
+upon personal rights as England had done. And several states at the time
+of ratifying suggested the propriety of so amending the constitution as to
+remove these fears.
+
+In accordance with these recommendations, amendments were proposed at the
+first session of congress. The house of representatives proposed
+seventeen, to twelve of which the senate agreed. Only ten, however, were
+ratified by the legislatures of three-fourths of the states. They are, of
+course, the first ten among those that follow. It was decided by the same
+congress that the amendments should not be incorporated into the main body
+of the constitution, but should be appended to it as distinct articles.
+They have, however, the same force as the original constitution.
+
+
+ARTICLE I.
+
+FREEDOM OF RELIGION, OF SPEECH, AND OF ASSEMBLY.
+
+_Congress shall make no law respecting an establishment of religion, or
+prohibiting the free exercise thereof;[1] or abridging the freedom of
+speech or of the press;[2] or the right of the people peaceably to
+assemble and to petition the government for a redress or grievances.[3]_
+
+[1] The chief purpose for which many of the early settlers came to America
+was that they might "worship God according to the dictates of their own
+conscience." Hence their descendants put _first_ among the individual
+rights to be protected, this freedom of religion. But this provision does
+not authorize any one to commit crime in the name of religion.
+
+[2] The only limitation upon speech in this country is that the rights of
+others be respected. Any one may think as he pleases upon any subject, and
+may freely express his opinion, provided that in doing so he does not
+trespass upon the rights of others.
+
+[3] It would seem that under a republican form of government this right
+might be assumed to be secure. The provision is meant to "make assurance
+doubly sure." History had shown the necessity of such precaution.
+
+
+ARTICLE II.
+
+RIGHT TO BEAR ARMS.
+
+_A well-regulated militia being necessary to the security of a free state,
+the right of the people to keep and bear arms shall not be infringed._
+
+It should not be the policy of a republic to keep a large standing army.
+An army is expensive, it takes so many men from productive industries, and
+it is dangerous to liberty--it may from its training become the instrument
+of tyranny.
+
+But a republic must have defenders against foes foreign or domestic. A
+well-trained militia may be depended upon to fight with valor against a
+foreign foe, and may at the same time serve as a check upon usurpation.
+
+For definition of _militia_, see page 162.
+
+
+ARTICLE III.
+
+QUARTERING SOLDIERS.
+
+_No soldier shall, in time of peace, be quartered in any house without the
+consent of the owner, nor in time of war, but in a manner to be described
+by law._
+
+To "quarter" soldiers in any house is to allot them to it for food and
+shelter.
+
+This, it will be remembered, was one of the grievances of the colonies.
+This quartering of soldiers had been, and indeed is in some countries to
+this day, a mode of watching and worrying persons for whom officers of the
+government entertained suspicion or ill will.
+
+
+ARTICLE IV.
+
+SECURITY AGAINST UNWARRANTED SEARCHES.
+
+_The right of the people to be secure in their persons, houses, papers,
+and effects, against unreasonable searches, and seizures, shall not be
+violated, and no warrants shall issue, but upon probable cause, supported
+by oath or affirmation, and particularly describing the place to be
+searched, and the persons or things to be seized._
+
+This, as well as the preceding provision, recognizes the maxim, "A man's
+house is his castle." It prevents the issuance of general warrants.
+
+
+ARTICLE V.
+
+SECURITY TO LIFE, LIBERTY AND PROPERTY.
+
+_No person shall be held to answer for a capital or otherwise infamous
+crime unless on a presentment or indictment of a grand jury,[1] except in
+cases arising in the land or naval forces, or in the militia when in
+actual service in time of war, or public danger;[2] nor shall any person
+be subject for the same offense to be twice put in jeopardy of life or
+limb;[3] nor shall be compelled in any criminal case to be a witness
+against himself,[4] nor be deprived of life, liberty, or property, without
+due process of law;[5] nor shall private property be taken for public use
+without just compensation.[6]
+
+[1] For information in regard to the method of conducting criminal trials,
+see Division I.
+
+[2] The necessity here for prompt and exact obedience to orders is so
+urgent, that summary methods of trial must be permitted.
+
+For information regarding trial by court martial, see appendix, page 338.
+
+[3] That is, when a jury has rendered its verdict and judgment has been
+pronounced, the accused cannot be compelled to submit to another trial on
+the same charge. But if the jury disagrees and fails to bring in a
+verdict, he may be tried again.
+
+[4] Accused persons used to be tortured for the purpose of extorting from
+them a confession of guilt.
+
+[5] In a despotism, the lives, liberty and property of the people are at
+the command of the ruler, subject to his whim. [6] For an illustration
+of the method of securing private property for public use, see page 18.
+
+
+ARTICLE VI.
+
+RIGHTS OF ACCUSED PERSONS.
+
+_In all criminal prosecutions the accused shall enjoy the right to a
+speedy[1] and public[2] trial by an impartial jury[3] of the state and
+district wherein the crime shall have been committed, which district shall
+have been previously ascertained by law,[4] and to be informed of the
+nature and cause of the accusation;[5] to be confronted with the witnesses
+against him;[6] to have compulsory process for obtaining witnesses in his
+favor;[7] and to have the assistance of counsel for his defense.[8]_
+
+The importance of this provision is likely to be underestimated. Says
+Montesquieu, "Liberty consists in security. This security is never more
+attacked than in public and private accusations. It is, therefore, upon
+the excellence of the criminal laws that chiefly the liberty of the
+citizen depends." And Lieber, in his very able work on Civil Liberty and
+Self-Government, says, "A sound penal trial is invariably one of the last
+fruits of political civilization, partly because it is one of the most
+difficult of subjects to elaborate, and because it requires long
+experience to find the proper mean between a due protection of the
+indicted person and an equally due protection of society.... It is one of
+the most difficult things in all spheres of action to induce irritated
+power to limit itself."
+
+Besides the guarantees of the constitution, Lieber mentions the following
+as characteristic of a sound penal trial: the person to be tried must be
+present (and, of course, living); every man must be held innocent until
+proved otherwise; the indictment must be definite, and the prisoner must
+be allowed reasonable time to prepare his defense; the trial must be oral;
+there must be well-considered law of evidence, which must exclude hearsay
+evidence; the judge must refrain from cross-examining witnesses; the
+verdict must be upon the evidence alone, and it must be _guilty_ or _not
+guilty;_ [Footnote: In some countries the verdict may leave a stigma upon
+an accused person, against whom guilt cannot be proven. Of this nature was
+the old verdict, "_not proven._"] the punishment must be in proportion to
+the offense, and in accordance with common sense and justice; and there
+must be no injudicious pardoning power, which is a direct interference
+with the true government of law.
+
+Most, if not all but the last, of the points mentioned by Dr. Lieber are
+covered by that rich inheritance which we have from England, that
+unwritten constitution, the common law. The question of how best to
+regulate the pardoning power is still unsettled.
+
+[1] He may have his trial at the next term of court, which is never very
+remote. But the accused may, at his own request, have his trial postponed.
+
+[2] Publicity is secured by the keeping of official records to which all
+may have access, by having an oral trial, by the admission of spectators
+to the court room, and by publication of the proceedings in the
+newspapers.
+
+[3] For the mode of securing the "impartial jury," see page 63.
+
+[4] It is provided in the body of the constitution (III., 2, 3,) that
+criminal trial shall be by jury, and in the state where the crime was
+committed. This amendment makes the further limitation that the trial
+shall be in the _district_ where the crime was committed, so a person
+accused of crime cannot be put to the trouble and expense of transporting
+witnesses a great distance.
+
+[5] The nature of the accusation is specified in the _warrant_ and in the
+indictment, both of which, or certified copies of them, the accused has a
+right to see.
+
+[6] Not only do the witnesses give their evidence in the presence of the
+accused, but he has also the right to cross-examine them.
+
+[7] But for this "compulsory process" (_called a subpoena_), persons
+entirely guiltless might be unable to produce evidence in their own
+behalf. The natural desire of people to "keep out of trouble" would keep
+some knowing the circumstances of the case from giving their testimony,
+and others would be afraid to speak up for one under a cloud and with all
+the power of the government arrayed against him.
+
+[8] The accused may plead his own cause, or he may engage a lawyer to do
+it for him. If he is too poor to employ counsel, the judge appoints a
+lawyer to defend him, whose services are paid for out of the public
+treasury.
+
+From the foregoing, it will be seen that great care is exercised to give a
+person accused of crime full opportunity to defend himself. And it must be
+remembered in this connection that it is a principle of our jurisprudence
+that _the burden of proof lies upon the government_. That is, the accused
+is to be deemed innocent until he is _proved_ guilty. We prefer that a
+number of guilty persons should escape punishment rather than that one
+innocent person should suffer.
+
+
+ARTICLE VII.
+
+JURY TRIAL IN COMMON LAW SUITS.
+
+_In suits at common law,[1] where the amount in controversy shall exceed
+twenty dollars, the right of trial by jury shall be preserved; and no fact
+tried by a jury shall be otherwise re-examined in any court of the United
+States, than according to the rules of common law.[2]_
+
+[1] The meaning of this expression is difficult of explanation, but it
+covers most ordinary lawsuits. From the fact that a jury in criminal cases
+has already been guaranteed (III., 2, 3, and Am. VI.), it may be assumed
+that this provision is intended to cover civil suits.
+
+[2] Among the "rules of common law" are these: 1. All suits are tried
+before a judge and a jury, the jury determining the _facts_ in the case
+and the judge applying the _law_. 2. The facts tried by a jury can be
+re-examined only by means of a new trial before the same court or one of
+the same jurisdiction.
+
+The purpose of this provision is to preserve the jury trial as a real
+defense against governmental oppression. In the Supreme Court there is no
+jury; the trials are by the court. If questions of _fact_ could be
+reviewed or re-examined by such a court on appeal the protection now given
+by the jury would be nullified.
+
+
+ARTICLE VIII.
+
+EXCESSIVE BAILS, FINES AND PUNISHMENTS FORBIDDEN.
+
+_Excessive bail shall not he required, nor excessive fines imposed, nor
+cruel and unusual punishments inflicted._
+
+Having enjoyed the protection of this and similar provisions for so many
+years, we can hardly appreciate their value. It must be borne in mind that
+those who "ordained and established" the constitution had been abused in
+just these ways, and that in this provision they provided against a real
+danger.
+
+
+ARTICLE IX.
+
+UNSPECIFIED PERSONAL RIGHTS PRESERVED.
+
+_The enumeration in the constitution of certain rights shall not be
+construed to deny or disparage others retained by the people._
+
+Certain rights which governments are prone to trample on have been
+mentioned in the preceding provisions. But not all of the personal rights
+could be enumerated. Hence this provision covering those unnamed.
+
+
+ARTICLE X.
+
+THE UNITED STATES GOVERNMENT ONE OF LIMITED POWERS.
+
+_The powers not delegated to the United States by the constitution, nor
+prohibited by it to the states, are reserved to the states respectively,
+or to the people._
+
+This provision gives a rule for interpreting the constitution. "It is
+important as a security against two opposite tendencies of opinion, each
+of which is equally subversive of the true import of the constitution. The
+one is to _imply_ all powers, which may be useful to the national
+government, which are not _expressly prohibited;_ and the other is, to
+_deny_ all powers to the national government which are not _expressly
+granted_." [Footnote: Story] The United States is "a government of limited
+powers," and has only such implied powers as are necessary to carry out
+the express powers. On the other hand, a state has all powers not denied
+to it by the state or federal constitutions.
+
+
+_Pertinent Questions._
+
+What is the general purpose of the first ten amendments? Do they restrict
+the general government or the state governments, or both? When and how
+were these amendments proposed? When and how ratified? What three
+limitations to the power of amendment does the constitution contain?
+
+Is there any "established" or state church in the United States? How do
+you suppose that this came about? Are we as a people indifferent to
+religion? Can a person say what he pleases? Can he publish whatever
+opinions he pleases? What is _slander?_ _Libel?_ Why should these last two
+questions be asked here? Petition whom? What's the good of petitioning?
+What petitions did you learn about at the beginning of this study? Can
+soldiers in the regular army petition? Why? Has the "right of petition"
+ever been denied in this country?
+
+Wherein is a standing army dangerous to liberty? Is this true of the navy?
+How is a "well-regulated militia" a check upon usurpation of authority?
+Does Amendment II. authorize you to keep a revolver? To carry it in your
+pocket? How often is the army mentioned in the Declaration of
+Independence, and what is said?
+
+What are the objections to "quartering" soldiers in a private house? Does
+the amendment protect tenants? Why the exception in the amendment? What
+mention of quartering soldiers in the Declaration of Independence?
+
+Get and read a warrant of arrest. A search warrant. Has a warrant always
+been needed as authority for arrest? Are arbitrary arrests, searches and
+seizures permitted in any civilized countries today?
+
+What is a capital crime? An infamous crime? A presentment? An indictment?
+A grand jury? How do the proceedings of a grand jury compare with those of
+a petit jury? Why the differences? Why the exception in the first clause
+of the amendment? Can a convicted and sentenced person ask for a new
+trial? Under what other circumstances can persons be tried again? In what
+connections have you heard of private property being taken for public use.
+
+Taking each guarantee in the sixth amendment, show the wrongs which an
+accused person, presumably innocent, would suffer if the provision were
+not recognized or that guarantee removed.
+
+Find out all you can about _common law_. What is meant by a _civil_ suit
+as distinguished from a _criminal_ suit? What is meant by a case in
+_equity?_ When an appeal is taken what is subject to re-examination? What
+is not? Why?
+
+What conditions determine the just amount of bail? Of fines? What cruel
+punishments have you heard or read of as being administered by public
+authority? When and where were such punishments not "unusual"? Was the
+eighth amendment necessary? What limit is there to things which "The
+People" may do? To the powers of the United States government? To those of
+a State government?
+
+Find the history behind each provision in the ten amendments. From what
+country did we obtain the notions that the rights here preserved belong to
+freemen? From under what other country could the Colonies have come ready
+to be the United States as we love it, or from what other country could we
+have inherited such notions?
+
+Since these ten amendments are intended for the protection of individuals
+against governmental oppression, it will be an excellent scheme now for
+the student to arrange in the form of a tabulation the various directions
+in which such protection is guaranteed by the constitution as amended. The
+following is simply suggestive:
+
+I. From Legislative Oppression.--1. Thought; 2. Expression; 3. Bills of
+Attainder; 4. _Ex post facto_ laws; 5. Social distinctions; 6. Assembly;
+7. Petition.
+
+II. From Executive Oppression.-1. Military; 2. Searches and seizures; 3.
+Life, Liberty, or Property; 4. Suspension of _Habeas Corpus_.
+
+III. From Judicial Oppression.-1. Before trial: arrest, bail, information
+as to accusation, time of trial; 2. During trial: publicity, jury,
+evidence, counsel, punishment; 3. After trial: retrial; 4. Treason.
+
+IV. From State oppression.
+
+
+ARTICLE XI.
+
+LIMITING THE JURISDICTION of UNITED STATES COURTS.
+
+_The judicial power of the United States shall not be construed to extend
+to any suit in law or equity,[1] commenced or prosecuted against one of
+the United States[2] by citizens of another state, or by citizens or
+subjects of any foreign state.[3]_
+
+[1] Equity is hard to define. According to Aristotle it is "the
+rectification of the law, when, by reason of its universality, it is
+deficient." Blackstone says, "Equity, in its true and genuine meaning, is
+the soul and spirit of all law.... Equity is synonymous with justice." It
+is the province of law to establish a code of rules whereby injustice may
+be prevented, and it may therefore be said that all law is equitable. "In
+a technical sense, the term equity is applied to those cases not
+specifically provided for by positive law." (See page 208; also Dole's
+Talk's About Law, page 502.)
+
+[2] According to III. 2, a state could be sued for a debt the same as an
+individual, and shortly after the adoption of the constitution several of
+them were sued for debts incurred during the Revolutionary War. Pride and
+poverty both prompted the states to desire immunity from such suits. Hence
+the adoption of this amendment. (See page 209.)
+
+[3] A non-resident secures the payment of a debt due from a state in the
+same way as a resident--by legislative appropriation.
+
+
+ARTICLE XII.
+
+MODE OF CHOOSING THE PRESIDENT AND VICE-PRESIDENT.
+
+The amendment has been discussed in connection with Article II. of the
+constitution, pages 184-6.
+
+
+ARTICLE XIII.
+
+ABOLITION OF SLAVERY.
+
+_1. Neither slavery nor involuntary servitude, except as a punishment for
+crime, whereof the party shall have been duly convicted, shall exist
+within the United States, or any place subject to their jurisdiction._
+
+_2. Congress shall have power to enforce this article by appropriate
+legislation._
+
+This amendment, one of the "first fruits" of the Civil War, put an end to
+slavery in the United States. The wording was taken, almost verbatim, from
+the Ordinance of 1787.
+
+
+ARTICLE XIV.
+
+MISCELLANEOUS RECONSTRUCTION PROVISIONS.
+
+SECTION I.--"CITIZEN" DEFINED. PRIVILEGES GUARANTEED.
+
+_All persons born or naturalized in the United States, and subject to the
+jurisdiction thereof, are citizens of the United States and of the state
+wherein they reside.[1] No state shall make or enforce any law which shall
+abridge the privileges or immunities of citizens of the United States; nor
+shall deprive any person of life, liberty or property, without due process
+of law, nor deny to any person within its jurisdiction the equal
+protection of the laws.[2]_
+
+[1] This provision defines citizenship. It was worded with the special
+view of including the negroes. It embodies the principle of the Civil
+Rights Bill, and is intended to guarantee to the negroes the protection
+implied in citizenship.
+
+[2] Some of the amendments impose limitations only on the general
+government. Lest the states in which slavery had recently been abolished
+should endeavor to oppress the ex-slaves this provision was made as a
+limitation upon the states.
+
+But this provision is general in it nature, and by means of it the United
+States can protect individuals against oppression on the part of the
+states. Pomeroy [Footnote: Constitutional Law, p. 151.] regards this as
+the most important amendment except the thirteenth.
+
+
+SECTION II.--BASIS of REPRESENTATION.
+
+_Representatives shall be apportioned among the several states according
+to their respective numbers, counting the whole number of persons in each
+state, excluding Indians not taxed. But when the right to vote at any
+election for the choice of electors for president and vice-president of
+the United States, representatives in congress, the executive and judicial
+officers of a state, or the members of the legislature thereof, is denied
+to any of the male inhabitants of such state, being twenty-one years of
+age, and citizens of the United States, or in any way abridged, except for
+participation in rebellion or other crime, the basis of representation
+therein shall be reduced in the proportion which the number of such male
+citizens shall bear to the whole number of male citizens twenty-one years
+of age in such state._
+
+Each state determines who may vote within its borders. This provision was
+intended as an _inducement_ to the former slave states to grant franchise
+to the colored men. It does not _compel_ them to do this. But granting the
+franchise increases their representation. The fifteenth amendment is more
+_imperative_ in this direction.
+
+
+SECTION III.--DISABILITIES of REBELS.
+
+_No person shall be a senator or representative in congress, or elector of
+president or vice-president, or hold any office, civil or military, under
+the United States, or under any state, who, having previously taken an
+oath, as a member of congress, or as an officer of the United States, or
+as a member of any state legislature, or as an executive or judicial
+officer of any state, to support the constitution of the United States,
+shall have engaged in insurrection or rebellion against the same, or given
+aid or comfort to the enemies thereof.[1] But congress may, by a
+two-thirds vote of each house, remove such disability.[2]_
+
+[1] The primary purpose of this provision was to exclude from public
+office those who in the Civil War, by entering the service of the
+Confederate States, broke an oath previously taken. Though the persons
+whom it was immediately intended to affect will soon all be "with the
+silent majority," the provision, by being made part of the constitution,
+will remain a warning to all in the future.
+
+[2] The disabilities have been removed from all but a few of those
+immediately referred to. This clause seems to put another limitation upon
+the power of the president to grant pardons. From 1862 to 1867 the
+president had been specially authorized by congress to grant amnesty to
+political offenders. And in 1867 President Johnson continued to grant such
+amnesty, denying the power of congress to put any limitation upon the
+president's pardoning power. But this provision specifically places the
+power to relieve certain disabilities in the hands of congress. The
+"two-thirds" vote is required in order that such disabilities may not be
+easily removed.
+
+
+SECTION IV.--PUBLIC DEBT.
+
+_The validity of the public debt of the United States, authorized by law,
+including debts incurred for the payment of pensions, and bounties for
+services in suppressing insurrection or rebellion, shall not be
+questioned. But neither the United States nor any state shall assume or
+pay any debt or obligation incurred in aid of insurrection or rebellion
+against the United States, or any claim for the loss or emancipation of
+any slave, but all such debts, obligations and claims shall be held
+illegal and void._
+
+_Congress shall have power to enforce, by appropriate legislation, the
+provisions of this article._
+
+This section needs little comment. It means simply that any expense
+incurred on the part of government in suppressing rebellion _shall be
+paid_; and that debts incurred in aid of rebellion _shall not be paid_. It
+applies not only to the late Civil War but to all future wars of the same
+kind.
+
+
+ARTICLE XV.
+
+SUFFRAGE.
+
+_The right of citizens of the United States to vote shall not be denied or
+abridged by the United States, or by any state, on account of race, color,
+or previous condition of servitude._
+
+_Congress shall have power to enforce this article by appropriate
+legislation._
+
+This amendment was intended to put negroes upon the same footing as white
+people in the matter of suffrage.
+
+Each state, as has previously been stated, prescribes the qualifications
+of voters within its borders. It may require that they be fifteen or
+twenty-five or twenty-one or any other number of years old; it may or may
+not require a property qualification; it may or may not require an
+educational qualification; it may include or exclude women as voters; it
+may draw the line at imbeciles and felons, but it cannot draw the color
+line. A black citizen must be permitted to vote upon the same conditions
+as a white one.
+
+
+_Pertinent Questions._
+
+What is meant by a state "repudiating" a debt? What states have done so?
+What reason did each assign for doing so? Can a city repudiate? A county?
+
+Were amendments XIII., XIV., and XV. constitutionally adopted? [Footnote:
+See Wright, 284; Andrews, 272; and Pomeroy, 76.]
+
+How was slavery abolished in each of the states? [Footnote: See page 343.]
+What does the emancipation proclamation say about slavery? Can slavery
+exist in Alaska? Why?
+
+Are you a citizen of the United States? How may an alien become a citizen?
+May a person be a citizen of the United States without being a citizen of
+any state? A citizen of a state without being a citizen of the United
+States? [Footnote: See Wright, 287.] How does a citizen of the United
+States become a citizen of a certain state? What are some of the
+"privileges and immunities" of a citizen of the United States? [Footnote:
+See Wright, 287.] Can a Chinaman become a citizen? An Indian? Does this
+section give women the right to vote?
+
+What provision of the constitution is amended by the second clause of the
+fourteenth amendment? What change is made? How often does the "counting"
+take place? What is it called? When will the next one occur? Has the
+penalty mentioned in the second clause ever been inflicted?
+
+Name persons affected by the third clause of the fourteenth amendment.
+Name persons from whom the disabilities have been removed. How were they
+removed? Name persons against whom the disabilities still lie. May they
+vote? What provision of the original constitution is affected by the last
+sentence of this clause, and how is it modified?
+
+How much money was expended in suppressing the rebellion? How was it
+raised? How much debt has been paid? How much remains unpaid? Did you ever
+see a United States bond or note? How much is a confederate bond for $1000
+worth? Why? Have any emancipated slaves been paid for by the government?
+
+What is the necessity of the clause commencing, "The congress shall have
+power?"
+
+What is secured to negroes by the thirteenth amendment? By the fourteenth?
+By the fifteenth? Name persons who are citizens but cannot vote. Name
+three eminent colored men.
+
+What clause could be omitted from the constitution without affecting it?
+
+
+
+
+PART IV.
+
+GOVERNMENT IN GENERAL.
+
+
+
+
+CHAPTER XXX.
+
+FORMS OF GOVERNMENT.
+
+
+Classification.--Aristotle divided governments into three chief classes,
+based upon the number of persons constituting the governing element, as
+follows: government by _one_, monarchy; by the _few_, oligarchy; by the
+_many_, democracy.
+
+Subdivisions of these classes may be made as follows.
+
+1. By _one_, monarchy; hereditary or elective; absolute or limited.
+
+2. By the _few_, oligarchy or aristocracy.
+
+3. By the _many_, democracy or republic.
+
+Definitions and examples.--A hereditary monarchy is one in which the
+succession is acquired by birth, the usual order being from father to
+eldest son; examples, England, Prussia, etc.
+
+An elective monarchy is one in which the succession is by election; the
+term for life; example, the old German empire, in which the emperor was
+chosen by certain princes called "electors." [Footnote: Our mode of
+electing a president may have been suggested in part by this old
+practice.]
+
+An absolute monarchy is one in which the three functions of government as
+related to law--the legislative, executive and judicial--are all vested in
+one person; examples, Russia and Turkey in Europe, and most of the
+countries of Asia and Africa.
+
+A limited monarchy is one in which the sovereign's power is confined
+chiefly to executing the laws framed and interpreted by other departments;
+examples, England, and most of the other countries of Europe.
+
+An oligarchy is that form of government in which the supreme power is
+vested in the hands of a few (_oligos_, few); example, the triumvirates of
+Rome.
+
+An aristocracy is really a government by the best (_aristos_, the select,
+the best). This is the sense in which the word was first used. It has come
+to mean government by a privileged class. Aristocracy seldom, if ever,
+exists alone.
+
+A democracy is that form of government in which the functions are
+administered directly by the people, only the clerical or ministerial work
+being done by officers, and they appointed by the people; examples, the
+old German tribes, some of the states of ancient Greece, some of the
+present cantons of Switzerland, the early settlements of New England, and
+in a limited sense our own school districts and towns.
+
+A republic is a representative democracy. A democracy is practicable only
+within a very limited area. When the area grows large the people must
+delegate much of work of government to representatives. Examples, the
+United States, each state in the Union, Switzerland, and most of the
+countries of America.
+
+The Origin of Each Typical Form.--Monarchy and oligarchy both probably owe
+their existence to war. The successful chieftain or leader in war became
+the king, and his retainers or followers became the privileged classes.
+Those who were subdued either became slaves or were simply "the common
+people." Democracy had its beginnings, and flourishes best, in times of
+peace. The people, though they had to fight again and again to secure
+recognition, have really won their right to it by the arts of peace.
+
+The Criteria of Good Government.--Among the tests by which the goodness or
+badness of a government, or form of government, may be determined, are the
+following:
+
+1. A good government is _stable_. Stability is the foundation of
+worthiness of character in governments as well as in persons. The basis of
+progress is permanence--one cannot grow wise, or rich, or strong, unless
+he can preserve at least a part of what he gains. "Conduciveness to
+progress includes the whole excellence of government." [Footnote: Mills
+Representative Government.]
+
+2. A good government _tends to increase the sum of good qualities in the
+governed_. Strength comes from exercise. Therefore a government is
+excellent in proportion as it works up to the possibilities of a people
+for self-government and fits them to go on advancing in intellectual and
+moral power.
+
+3. A good government _has proper machinery_. This should be "adapted to
+take advantage of the amount of good qualities which may at any time
+exist, and make them instrumental to right purposes." [Footnote: Mills
+Representative Government.]
+
+"Representative Government the Ideally Best Polity."--Every student who
+has access to Mills' Representative Government should read the chapter
+with the heading at the beginning of this paragraph. He combats the
+proposition, "if a good despot could be insured, despotic monarchy would
+be the best form of government." Granting that much good might be done, he
+shows that the very passivity of the people must result in deterioration,
+"that is, if the nation had ever attained anything to decline from." On
+the other hand, he shows that participation in public affairs gives a
+mental and moral training otherwise unattainable. After showing the nature
+of the mental development acquired, he says: "Still more salutary is the
+moral part of the instruction afforded by the participation of the private
+citizen, if even rarely, in public functions. He is called upon, while so
+engaged, to weigh interests not his own; to be guided, in case of
+conflicting claims by another rule than his private partialities; to
+apply, at every turn, principles and maxims which have for their reason of
+existence the general good; and he usually finds associated with him in
+the same work minds more familiarized than his own with these ideas and
+operations, whose study it will be to supply reasons to his understanding,
+and stimulation to his feeling for the general good. He is made to feel
+himself one of the public, and whatever is their interest to be his
+interest. Where this school of public spirit does not exist ... a
+neighbor, not being an ally or an associate, since he is never engaged in
+any common undertaking for the joint benefit, is therefore only a rival."
+
+Dangers in Each Form of Government.--While each of the typical forms has
+merits of its own,--the monarchy having stability, the aristocracy
+securing the benefit of inherited good qualities, and democracy the
+advantages referred to in the preceding paragraph--there is danger in each
+form. Monarchy continually tends toward that inconsiderate exercise of
+power which we call tyranny. Aristocracy tends toward oligarchy;
+government by the _best_ is prone to decline into government by the _few_
+without regard to qualification. And democracy is in danger of
+degenerating into mob rule.
+
+Every Government Aims to be Aristocratic.--That is, each government in
+theory seeks to have those rule who are best fitted to manage public
+affairs. This is the thought, for instance, in our requiring certain
+qualifications in voters and office-holders.
+
+Our Own Government.--We fondly believe that our own government combines to
+a high degree the excellencies of all the forms.
+
+Our hope for stability lies chiefly in the fact that our corner stone is
+eternal justice, the equality of all men before the law. Even the severe
+shock of civil war has been endured, and our system is more strongly
+intrenched in the confidence of the world than ever before.
+
+We believe in the potency of good blood and good training. But the worth
+of each individual must be _shown_, it will not be taken for granted. We
+will neither lift him up because he is "his father's son," nor cast him
+down because his father was unworthy.
+
+Situated as we are, with no powerful rivals near us, with the ocean
+between us and the countries of Europe, the common defense requires no
+great standing army to eat up our substance and to menace our liberties.
+Living in the north temperate zone, the belt of highest civilization, in a
+country capable of producing almost everything desirable, there is every
+reason to believe that, if we are true to ourselves and our opportunities,
+we may long enjoy prosperity and peace.
+
+
+_Debate_.
+
+Resolved, That universal suffrage is dangerous to the well being of
+society.
+
+
+
+
+PART V.
+
+COMMERCIAL LAW.
+
+
+RESPONSIBILITY.
+
+_Ignorance of the law is no excuse._
+
+At first sight this would seem unjust, since no one but a lawyer can be
+expected to have much legal knowledge. But as law is simply common sense
+applied, the exercise of ordinary judgment is usually sufficient to enable
+a person to act safely.
+
+To present a few of the more common principles of commercial law, is the
+purpose of the following pages.
+
+
+
+
+CHAPTER XXXI.
+
+CONTRACTS.
+
+
+Definitions.--A contract is an agreement between two or more parties,
+containing on the one hand an _offer_ and on the other an _acceptance_.
+
+Contracts are _express_ or _implied_. An express contract is one whose
+terms are definitely stated in words; an implied contract is one whose
+terms are understood from the circumstances. A written contract is express;
+an oral contract may be express or implied.
+
+Fundamental Principles.--Every one able to contract is free to enter into
+any agreement not forbidden by law. Every such person is bound to fulfill
+every legal contract that he makes.
+
+Essential to a Contract.--To be binding, however:
+
+_1. A contract must be to do a lawful act._
+
+Most contracts are permitted by law. But a contract the carrying out of
+which is recognized as subversive of justice, morality, or the general
+welfare, is illegal, and therefore void.
+
+_2. The thing contracted to be done must be possible in its nature._
+
+That a person finds it impossible _under the circumstances_ to live up to
+his contract should not and does not release him from responsibility.
+
+_3. The parties to the agreement must be competent to contract._
+
+Persons not able to contract are minors, lunatics, idiots and drunk
+people, and married women (except in some states in relation to their
+separate estates). The purpose of this arrangement is to protect those who
+cannot protect themselves. A minor may, however, enforce a contract if he
+chooses to do so. A contract with a minor for the necessaries of life,
+when they are not or cannot be furnished by a parent or guardian, is
+valid. And any contract ratified by a minor after coming of age is binding
+upon him. A person unable to contract personally cannot contract through
+an agent. But he may act as an agent.
+
+_4. The parties to the contract must assent to it._
+
+The assent must be voluntary. It may be given by words, by acts, or by
+accepting the benefits of the offer. If acceptance is by letter, the
+contract is complete when the letter of acceptance is mailed. The parties
+must assent to the same thing. Assent imposing a new condition is no
+assent.
+
+_5. The promise must be for a consideration._
+
+The law will not compel a person to give something for nothing. But the
+amount of the consideration is usually unimportant, so long as it is
+reasonable. Anything is a consideration which is of benefit to the person
+promising or of loss or inconvenience to the other. An illegal
+consideration is, however, not a consideration; nor is the performance of
+a moral duty, nor the doing of what would be a legal duty without the
+promise in question. If the consideration fails, the contract fails. One
+has no right to sue on a contract unless he has performed or offered to
+perform his part.
+
+_6. The contract must be made without fraud._
+
+Fraud may be practiced in two ways, by making statements known to be false
+or by concealing facts that ought to be revealed. But if the parties meet
+on equal terms, with the same sources of information, and if nothing is
+done to conceal faults, there is no fraud in law. "Let the buyer beware,"
+is an ancient maxim, and a buyer must exercise reasonable diligence and
+prudence. Fraud absolves the injured party, but the defrauding party may
+be held to the contract; that is, the contract is voidable at the option
+of the party deceived.
+
+_7. Some contracts must be in writing._
+
+The principal classes of commercial contracts which must be in writing to
+be binding, are: (a) agreements for the sale of property of more than a
+certain value; (b) agreements of guaranty; (c) agreements not to be
+performed within a year.
+
+In the famous English "Statute of Frauds," which is the basis of the
+American local statutes on matters referred to in this section, the value
+of personal property requiring written contract was ten pounds or fifty
+dollars. In the United States the value varies in different states from
+$30 to $200. But if part of the property is delivered or part of the
+purchase money is paid the whole contract is binding, even if not in
+writing.
+
+A guaranty is an agreement by which a person warrants that a certain third
+person shall duly perform an engagement. Thus if A obtains goods from B
+upon the assurance of C that they will be paid for, C is said to guarantee
+the debt.
+
+A contract which _may_ be performed within a year does not come under the
+statute, even if such performance seems improbable at the time of making
+the contract.
+
+The style of the writing is immaterial--it may be formal or informal, in
+ink or pencil. It may be made by the principal or by his agent.
+
+
+_Pertinent Questions._
+
+How are the laws--legislative enactments and decisions of the Supreme
+Court--made public? Why are they thus published?
+
+Tell whether the following agreements are valid contracts or not, and why:
+
+1. An agreement to print a libel. A lease of a house for gambling
+purposes. A contract executed on Sunday. A contract for work to be done
+for five consecutive days, beginning on Friday. How would it affect the
+case if the work were the removing of goods from a building in imminent
+danger of falling? The agreement of a tinsmith never again to work at his
+trade. His agreement not to work at it within a specified time or in a
+certain town.
+
+2. An agreement to swim across the ocean. To pay for a horse at the rate
+of one kernel for the first nail in the horse's shoes, two for the second,
+four for the third, eight for the fourth, and so on. To deliver goods at a
+certain time, though the delivery at the proper time may be prevented by
+some accident. Is a person released from responsibility by sickness?
+
+3. An agreement by an orphan to pay for necessaries at some future time.
+If the price charged is exorbitant, is he bound to pay it or only a fair
+market price? A man while drunk buys a horse for which he has no use, but
+after becoming sober continues to use the horse. If the price is
+excessive, how much must he pay? When a married women buys goods on
+credit, is she acting as the principal or as her husband's agent?
+
+4. An order for goods to be sent to a man's house, nothing being said
+about payment. An offer retracted before acceptance. An offer for a
+certain horse; an acceptance under the impression that a different horse
+is meant. A service permitted though uninvited; give an example. A man in
+St. Paul offers by letter a certain piece of property at a certain price
+to a man in Chicago; an hour after mailing the letter he changes his mind;
+how can he prevent a contract?
+
+5. A agrees to give B $25 for a silver dime. But if this particular dime
+were of a rare kind and desired by A, a wealthy coin collector, to
+complete a set, would the consideration be sufficient? An offer shouted
+from a fourth story window just as the roof is about to fall, in
+consequence of which offer a fireman at unusual personal risk successfully
+attempts the rescue. An offer and acceptance for a horse which is
+afterwards discovered to have been dead at time of sale. A promise made
+under threat of spreading an infamous report. An agreement for the purpose
+of securing the postponement of the payment of a debt. How many
+"considerations" are there in a valid contract?
+
+6. The sale of an unfashionable "ready-made" suit of clothes, nothing
+being said about the style. The sale of a plated watch chain, the dealer
+permitting the purchaser to suppose it solid gold. The sale of a blind
+horse, nothing being said about its sight, no effort being made to conceal
+its blindness, and full opportunity for examination being given to the
+purchaser. The sale of a house and lot at a certain price, greater than
+the purchaser had at first intended to give, upon the representation of
+the seller that he had "been offered" such a sum. The purchase of a piece
+of land which unknown to the vendor contains a valuable mine, nothing
+being said to mislead said vendor.
+
+7. An oral order for goods to the value of $500. How does the buyer's
+receiving part of the goods affect the matter? How else could the contract
+be made binding? What position does a person assume by endorsing a note?
+By orally saying that a debt of another will be paid? An oral engagement
+made December first to work a year beginning January first.
+
+
+
+
+CHAPTER XXXII.
+
+AGENCY.
+
+
+Definitions.--An agent is a person authorized to act for another in
+dealing with third parties. The one for whom the agent acts is called the
+principal.
+
+Authority of Agent.--An agent's authority may be granted orally or in
+writing. When written it is called a "power of attorney." A general agent
+has all the authority implied in his employment. A special agent has only
+such authority as is specifically granted.
+
+Responsibility of the Principal.--Between the principal and his agent
+responsibility is determined by their contract. Expressly or impliedly the
+principal agrees to pay for the service rendered.
+
+It is in the principal's relation to third parties that the most important
+rule of agency appears. It is this: _The principal is responsible for the
+authorized acts of his agent_. The theory is that the acts are those of
+the principal, the agent being merely an instrument. And accordingly, the
+principal is bound not only by such acts of his agent as he has really
+authorized, but also by such as he _apparently_ authorizes.
+
+Responsibility of Agent.--The agent is responsible to his principal for
+any violation of their contract. Expressly or impliedly he is bound to
+obey orders, to exercise ordinary skill and care in the performance of his
+duty, and to refrain from putting his interests in adverse relation to
+those of his principal.
+
+To the third party the agent is not responsible, except in the following
+cases: When he specifically assumes responsibility, when he conceals the
+identity of his principal, when he exceeds his authority, or when he acts
+fraudulently.
+
+Termination of Agency.--An agency terminates at the death of either
+principal or agent. It may also be terminated by revocation of authority,
+which takes effect upon receipt of the notice, or by the bankruptcy or
+lunacy of the principal, judicially declared.
+
+
+_Pertinent Questions._
+
+In the following cases name the principal, the agent, and the third party:
+A clerk in a store; a man employed to sell goods by sample; a cashier in a
+bank; a conductor on a train; a commission merchant; a partner acting for
+a firm, a sheriff.
+
+May a minor act as principal? As agent? A watch left at a jeweler's store
+for repairs is injured by the workman; who is responsible to the owner? On
+account of a road overseer's neglect a horse is injured by stepping
+through a hole in a bridge; to whom shall the owner look for damages? If a
+person is notified that another claims to represent him as agent and he
+neglects to repudiate the claim, is he responsible for acts of the
+claimant as agent?
+
+May an agent having authority to fix prices sell to himself?
+
+May a clerk in a store take goods at regular marked prices?
+
+An agent transacts business after his principal's death but before he has
+received notice thereof, is the transaction binding upon the heirs?
+
+
+
+
+CHAPTER XXXIII.
+
+PARTNERSHIP.
+
+
+What it is.--Partnership is the relation existing between persons who have
+agreed to combine their property or skill for the prosecution of a given
+enterprise, and to share the profits or losses resulting therefrom.
+
+How Formed.--Partnership being a matter of agreement is subject to the law
+of contracts. When the agreement is in writing, it is called "articles of
+copartnership." The articles usually specify the parties and the firm
+name, the nature and the location of the business to be carried on, the
+investment of each party, the basis for apportioning profits and losses,
+and sometimes the duration of the co-partnership. There are generally
+other provisions, their nature depending upon the circumstances.
+
+Responsibility.--As to each other, the partners have the rights and duties
+which they agree upon.
+
+As to third parties, the two most important rules of law are: first, that
+_the firm is bound by the acts of each member_, in matters pertaining to
+the firm's business; second, _each member is liable for all the debts of
+the firm_.
+
+Dissolution.--If the duration of the partnership is not specified, it may
+be dissolved by any partner at any time. If its duration is specified, it
+expires, of course, by limitation or by mutual consent. In either case,
+the death of a partner dissolves the firm. If a partner becomes insane or
+acts fraudulently, the partnership may be dissolved by a decree of the
+court. The sale of an interest (which must have the consent of each
+partner) dissolves the partnership and forms a new one.
+
+Notice of Dissolution.--That the retiring partners may be freed from
+responsibility for new debts, if the dissolution be by sale of interest
+(and this is a very common way), notice of the dissolution must be given
+to the world, and special notice of the fact must be given to those from
+whom the firm has been in the habit of buying.
+
+Limited Partnership.--In most states, what is called a limited partnership
+may be formed, whereby the responsibility of some of the partners may be
+limited to their investment in the business. By this arrangement the
+private property of the special partners (as they are called) cannot be
+taken for debts of the firm.
+
+In such a case, however, it is but just, and the law therefore demands,
+that notice of the fact of limited responsibility be given and that no
+appearance of responsibility be assumed. To this end it is required: (a)
+that the articles of copartnership be in writing, and that they be
+published and recorded; (b) that the amount contributed by the special
+partners be actually paid in; (c) that the names of the special partners
+do not appear in the firm name; (d) that they take no active part in the
+management of the business.
+
+
+_Pertinent Questions._
+
+Why are partnerships formed? May one person invest money while another
+invests skill? Is a person who receives a percentage of his sales by way
+of salary a partner?
+
+Why cannot a partner sell his interest without consulting the other
+members of the firm? Why may the fraudulent act of a partner dissolve the
+firm? Why does the death of a member end the firm--that is, why not let
+his heir succeed to his right in the firm as he succeeds to his real
+estate?
+
+May the _private_ property of a partner be taken to satisfy the debts of
+his firm? May the firm's property be taken to satisfy the debt of one of
+its members? Can men dissolve their debts by dissolving their partnership?
+If one partner continues the business agreeing to pay all indebtedness of
+the firm, is the retiring partner released from obligation in relation to
+the debts? Show the justice of each requirement in case of special
+partners.
+
+
+
+
+CHAPTER XXXIV.
+
+CORPORATIONS.
+
+
+Purpose--Partnership enables a number of persons, as we have seen, to
+accomplish by combining their property and skill what would be
+unattainable by them acting individually.
+
+But the individual responsibility involved in partnership, and the
+difficulty of transferring interest, render necessary some other mode of
+combining capital for carrying on enterprises requiring vast resources,
+and, from their nature, demanding long time and freedom from interruption
+for their accomplishment. For instance, no one would dare to assume
+personal responsibility for the debts of a railroad, nor could such an
+enterprise be managed if every transfer of interest dissolved the company.
+The desired limitation of responsibility and facility of transfer of
+interest are secured by the formation of _corporations_.
+
+Nature.--But responsibility there must be, or the combination could
+transact no business. And responsibility depends upon personality--a
+_thing_ cannot be held responsible. As this personality does not exist
+aside from the persons of those uniting their resources, it must be
+created. The creative power is the legislature. The personality created is
+the corporation. [Footnote: From the Latin _corpus, corporis,_ a body.] A
+corporation is, therefore, an artificial or fictitious person, created
+under general law or by a special act of the legislature, [Footnote: This
+special act defining the powers and duties of the corporation is called
+its _charter_.] and capable of acting within prescribed limits as if it
+were a natural person, but beyond those limits incapable of acting at all.
+
+Management.--The persons who contribute to the capital of the corporation,
+or company, receive certificates of stock, that is, pieces of paper
+certifying that said persons own so many shares in the company. The
+capital, be it remembered, is the property of the corporation, not of the
+individuals. The number of these stockholders may be large or small, a
+dozen or a thousand. The general management of corporate business is
+necessarily entrusted to a small number of persons called directors. These
+are elected by the stockholders, each share having one vote. The directors
+select from their own number a president, a secretary, and other necessary
+officers. These persons and the other agents of the corporation carry out
+the policy determined upon by the directors.
+
+Why Limited in Powers.--The question suggests itself, Why can a
+corporation do only certain things? The most obvious answer is, that this
+is consequent upon its mode of creation. Being a creature of the
+legislature, it can have only those powers which are specifically or
+impliedly granted to it. But pushing the matter farther, it may
+pertinently be asked, Why doesn't the legislature endow it with power to
+do anything that may properly be done by a natural person? Two reasons, at
+least, appear. First, from the corporation's standpoint, it is a matter of
+business prudence to have its purpose and powers defined: (a) to enable it
+to secure subscribers to its stock, as no one would like to risk his money
+blindly; and (b) because thus only can the directors be held to
+accountability. Second, from the standpoint of the public, for whom the
+legislature acts, the defining is necessary in order that corporations may
+be controlled and dangerous combinations prevented.
+
+In this connection it may be noted that corporations are granted some
+privileges not possessed by individuals. For instance, private property
+such as land may be taken, even against the wishes of the owner, to permit
+the building of a railroad. This can be done, however, only on the ground
+of public good, and by giving the owner just compensation.
+
+Responsibility.--A corporation, like any other person is responsible for
+any contracts that it makes, within its charter. It necessarily acts
+entirely through agents, hence the law of agency has an important bearing
+upon all contracts with a corporation.
+
+Debts incurred lie against the corporation, not as a rule against the
+stockholders individually. Sometimes stockholders are by the charter made
+liable to limited extent, say to an amount equal to the par value of their
+stock.
+
+Dissolution.--Some companies are incorporated so that they may last
+forever. Others are incorporated for a specified time. The latter expire
+by limitation or by becoming insolvent. A corporation of either kind may
+secure dissolution by voluntarily surrendering its charter. And sometimes
+the legislature reserves in the charter the right to dissolve the company
+under certain conditions.
+
+The affairs of a corporation are usually closed up by a "receiver," who
+collects the bills, disposes of the property, pays the indebtedness as far
+as he can, and distributes the residue among the stockholders.
+
+COMPARISON OF PARTNERSHIP WITH CORPORATION.
+
+POINTS OF         PARTNERSHIP.                  CORPORATION.
+COMPARISON.
+
+1. Status.        A collection of natural       A fictitious person.
+                  persons.
+
+2. Formation.     By agreement.                 By legislative
+                                                enactment.
+
+3. Powers.        Those of natural persons.     Only those conferred
+                                                by law.
+
+4. Debts.         All partners liable for all   Stockholders not
+                  debts.                        usually liable.
+
+5. Transfer of    Dissolves partnership.        New stockholder
+interest by sale                                succeeds to shares of
+or death.                                       the old.
+
+
+_Pertinent Questions._
+
+Who constitute the managing body in a school district? In a town? In a
+village? In a city? In a county? In the state? In the United States?
+[Footnote: The United States: "Its charter, the constitution.... Its flag
+the symbol of its power; its seal, of its authority."--Dole.] In a
+railroad? In a mining company? In a bank? In a church? In a college?
+
+Write a list of all the corporations that you know or have ever heard of,
+grouping them under the heads _public_ and _private._
+
+How could a pastor collect his salary if the church should refuse to pay
+it?
+
+Could a bank buy a piece of ground "on speculation?" To build its
+banking-house on? Could a county lend money if it had a surplus? State the
+general powers of a corporation. Some of the special powers of a bank. Of
+a city.
+
+A portion of a man's farm is taken for a highway, and he is paid damages;
+to whom does said land belong? The road intersects the farm, and crossing
+the road is a brook containing trout, which have been put there and cared
+for by the farmer; may a boy sit on the public bridge and catch trout from
+that brook? If the road should be abandoned or lifted, to whom would the
+use of the land go?
+
+
+
+
+CHAPTER XXXV.
+
+COMMERCIAL PAPER.
+
+
+Kinds and Uses.--If a man wishes to buy some commodity from another but
+has not the money to pay for it, he may secure what he wants by giving his
+written promise to pay at some future time. This written promise, or
+_note_, the seller prefers to an oral promise for several reasons, only
+two of which need be mentioned here: first, because it is _prima facie_
+evidence of the debt; and, second, because it may be more easily
+transferred or handed over to some one else.
+
+If J.M. Johnson, of Saint Paul, owes C.M. Jones, of Chicago, a hundred
+dollars, and Nelson Blake, of Chicago, owes J.M. Johnson a hundred
+dollars, it is plain that the risk, expense, time and trouble of sending
+the money to and from Chicago may be avoided, and the indebtedness wiped
+out by J.M. Johnson ordering Nelson Blake to pay the hundred dollars to
+C.M. Jones. The written order to this effect, called a _draft_, would be
+sent to C.M. Jones, who would present it for payment to Nelson Blake, and
+upon receiving his money would turn _the draft_ over to Blake.
+
+To avoid the risk of being robbed, merchants and some others are in the
+habit of depositing each evening in a bank the receipts of the day, with
+the understanding that the money will be paid out, at any time, to any
+person whom they order it paid to. The order on the bank is called a
+_check_.
+
+It is very easy to see that these three devices are of immense value to
+the commercial world; the first by rendering available future resources,
+and the other two by enabling payments to be made safely.
+
+Definitions.--A _note_ is an unconditional promise in writing, to pay a
+definite sum of money at a certain time to a specified person.
+
+A _draft_ is an order, written by one person and addressed to another,
+directing him to pay a definite sum of money at a certain time to a
+specified third party.
+
+A _check_ is a draft for immediate payment, drawn upon a bank or banker.
+
+In the case of a note, the person who promises to pay is called the
+_maker_ of the note; and the person named to be paid, the _payee_.
+
+In the case of a draft or check, the person ordering the payment is called
+the _drawer_; the person addressed, the _person drawn upon_ or the
+_drawee_; and the person to be paid, the _payee_.
+
+Negotiability.--The payee in any of these cases may wish to transfer the
+paper to some other person. For instance, the holder of the note may wish
+to use the money before it is due, or the payee of a draft may wish to
+realize without going to the drawee. In either case, the desired
+accommodation can be secured only by selling the paper to some one else.
+This ability to be transferred is part of what is meant by the term
+_negotiability_.
+
+But this liability to have to pay another person than the one named,
+cannot be imposed upon the maker or drawer without his consent. This he
+gives by inserting after the name of the payee the words "or order," or
+the words "or bearer." In the latter case, whoever holds the paper when it
+becomes due can collect upon it. In case the former words are used, the
+paper can be transferred only by _indorsement_, of which more anon.
+
+A very important characteristic of negotiability is that it enables a
+person to grant to another rights which he may not himself possess. To
+illustrate: As between the maker and the payee, a note is a contract, and
+is binding only if it has all the requisites of a binding contract.
+Therefore, if there was no consideration, or if the note was obtained by
+fraud or by intimidation, the payee, knowing these facts, has no right to
+collect upon the note, and he could not by law compel payment. But with a
+third party it is different. He sees only the note, and may not--
+presumably does not--know anything else about the contract. To compel him
+before buying the note to learn all the details of its history, might be
+embarrassing to the parties, even where everything is all right, and would
+certainly delay, perhaps materially, the transfer. Therefore, to enable
+people to keep their business to themselves, and to facilitate transfers
+of commercial paper, it has seemed best not to require this investigation.
+The law presumes that when a person makes a transferable note, he has done
+so deliberately; and if loss ensues, it says that he must bear it rather
+than the innocent purchaser of his note.
+
+Conditions of Negotiability.--But this peculiar protection is given, be it
+observed, only to an _innocent purchaser_. If in good faith, in the
+regular course of business, a person comes into possession of commercial
+paper, negotiable in form, not yet mature, and for which he has given a
+reasonable consideration, he can collect on it. On the other hand, if he
+has found the paper or stolen it, or if he has bought it under
+circumstances calculated to raise a suspicion as to right of the seller,
+he should not have, and will not by law receive, this privilege. Thus if a
+man is offered commercial paper of perfectly responsible parties at
+one-third its value, it would be reasonable to suppose that the person
+offering it had found or stolen it, and the buyer would obtain only the
+rights of the person from whom he bought. Or if a note past due is offered
+for sale, the presumption is that it is paid or that it is for some reason
+uncollectable, and the purchaser would buy at his peril. In other words,
+_if there is anything on the face of the paper or in the circumstances of
+the case to warn the purchaser, he buys at his own risk_, and secures only
+such rights as the vendor has.
+
+Transfer.--Negotiable paper with the words "or bearer" is transferable by
+delivery alone. If made payable to some person "or order," it is
+transferable only by his _indorsement_. An "indorsement in full" consists
+of the signature of the payee and his order that the money be paid to a
+specified person. An "indorsement in blank" consists simply of the
+signature of the payee. The effect of the latter mode of indorsing is to
+make the paper payable to bearer.
+
+Responsibility of Maker.--A note being a contract, the maker of one is
+responsible to the payee, as has been said, only if all the requisites of
+a binding contract are present. If the note is negotiable in form, he is
+responsible to the innocent purchaser of it.
+
+Responsibility of Drawee.--The person drawn upon may know nothing of the
+draft. He cannot be made a party to a contract without his knowledge and
+consent. That he may have knowledge of the draft, it must be presented to
+him. If upon seeing it he is willing to assume the responsibility of
+paying it when due, he signifies his willingness by writing across the
+face of the draft the word "accepted," with the date of presentation and
+his name. The draft thereby becomes his unconditional promise, and he
+becomes the principal debtor, occupying the position of a maker of a note.
+
+Responsibility of Indorser.--When a person endorses any commercial paper,
+he not only expresses thereby his consent to the transfer of it, but he
+also enters into a conditional contract with each person who may afterward
+come into possession of the paper, whereby he becomes responsible for its
+payment, if the principal debtor fails to meet his obligation. To fix
+responsibility upon an indorser, payment must be demanded of the principal
+debtor on the very day when the obligation matures, and if payment is not
+made notice of the fact must be sent to the indorser before the end of the
+following day.
+
+Responsibility of Drawer.--Between the drawer and the payee a draft is a
+conditional contract, whereby the former impliedly agrees to pay the draft
+if the person drawn upon does not. His obligation is that of a surety or
+first indorser. To fix responsibility upon the drawer, the holder of the
+draft must promptly present it for acceptance to the person drawn upon;
+then, if it is not accepted, he must immediately notify the drawer.
+
+Forged Paper.--Forgery is the fraudulent making or altering of a written
+instrument. One whose name is forged cannot be made responsible, since the
+act is not his. And since money paid under a mistake must be refunded, a
+person who, deceived by the skill of the forger, should pay the seeming
+obligation, would be entitled to get his money back.
+
+But every person is bound to use reasonable effort to prevent forgery.
+Thus, if a merchant writes out a note all but the amount, and authorizes a
+clerk to put that in at some other time, and the clerk inserts a larger
+sum, any innocent purchaser can compel the merchant to pay the full
+amount. In some states it is held that a person who leaves space in an
+obligation wherein the amount can readily be raised, is bound to stand the
+loss caused by his negligence.
+
+Accommodation Paper.--A man may be perfectly willing to lend a friend some
+money and yet be unable to do so. He may, however, in any one of several
+ways, make it possible for his friend to obtain the money. Thus A, wishing
+to accommodate his friend B, may make a note payable to B's order; or he
+may endorse B's note; or he may make a draft payable to B's order; or he
+may accept B's draft on him. By selling the paper, B secures the money
+desired. The implied contract between A and B is that B will pay the
+obligation.
+
+In none of these cases could B compel A to pay him any money, because the
+contract between them lacks consideration. But A would be responsible to
+an innocent purchaser, because there is nothing on the face of the paper
+to indicate the defect. And he would be responsible even to a purchaser
+who knows the paper to be accommodation, because by signing he binds
+himself to pay if B does not, and his signature is what enables the sale
+to be made.
+
+Certified Checks.--Business men make most of their payments by check. If
+the receiver of a check does not, for any reason, wish the money, he may
+deposit the check in the bank as if it were cash. If he is going away from
+home, or if he wishes to make a payment in some other place, he may save
+the expense of a draft, and make a check equally as acceptable, by getting
+the cashier of the bank to "certify" it, that is to state officially that
+the drawer has the money in the bank. This he does by writing across the
+face of the draft the word "Good," with his signature as cashier. When
+this is done the responsibility rests primarily on the bank. It occupies
+the position of the acceptor of a draft.
+
+
+_Pertinent Questions._
+
+Two of the following are valid notes; which two? The others are not; Why?
+1. March 5, 1890, I promise to pay John Smith one hundred dollars, if he
+is then living.--William Jones. 2. On or before March 5, 1890, I promise
+to pay John Smith one hundred bushels of wheat.--William Jones. 3. On
+March 5, 1890, I promise to pay John Smith whatever is then due him.--
+William Jones. 4. When he comes of age, I promise to pay John Smith one
+hundred dollars.--William Jones. 5. March 5, 1890, I promise to pay one
+hundred dollars.--William Jones. 6. One year after date, I promise to pay
+to John Smith one hundred dollars.--William Jones. 7. Mankato, Minn.,
+December 11, 1888. One year after date I promise to pay John Smith one
+hundred dollars. 8. On the death of his father, I promise to pay John
+Smith one hundred dollars.--William Jones. 9. On March 5, 1890, I, William
+Jones, promise to pay John Smith one hundred dollars.
+
+How many parties may there be to a note? How many, at least, must there
+be? As between them, must there be consideration to make it binding? Must
+the words "for value received" appear on the note? A note being a
+contract, what things are necessary to make it binding? Write two valid
+notes in different forms. Write a negotiable note transferable without
+indorsement. A note transferable by indorsement. Which is safer to carry
+in the pocket? Why? Which imposes the less responsibility if transferred?
+If you were taking a note payable to bearer, would you require the person
+from whom you were getting it to indorse it? A man has some non-negotiable
+notes; if he dies can his heir collect them? A note payable "to order" is
+indorsed in blank; to whom is it payable? May a note payable "to bearer"
+be made payable only "to order?" When does a note cease to be negotiable?
+Under what circumstances may a person have to pay a note which he has
+already paid? What is a "greenback?"
+
+How many persons, at least, must there be to an accepted draft? When does
+the responsibility of the drawer begin? That of the person drawn upon? How
+does the acceptance of a draft affect the responsibility of the drawer? If
+the draft is not accepted, to whom shall the holder look for pay? Are
+drafts negotiable before acceptance?
+
+Compare and contrast a note and a draft. A draft and a check. Is the bank
+under any obligation to the holder of an uncertified check? Does
+certifying a check release the drawer of it? Are checks negotiable?
+
+What responsibility does an indorser assume in case of a note? Of an
+unaccepted draft? Of an accepted draft? Of a check? What does "without
+recourse" mean? To how many persons is the maker of a note responsible?
+The first indorser? The second? How can the first indorser be
+distinguished from the second? To whom is the second indorser not
+responsible?
+
+Who are not responsible to the holder of a negotiable paper unless
+notified? Who are responsible without notice? What principle do you
+discover? When is a demand note due? A check? A time note? A sight draft?
+A time draft?
+
+What should you do, and why, in the following cases:
+
+1. When you pay a note? 2. When you make a partial payment on a note? 3.
+If you should lose a note? 4. If you have a note without indorsees, to
+render the maker responsible? 5. If you hold a note having indorsers, to
+render the indorsers responsible? 6. If you hold an unaccepted draft? 7.
+In case acceptance is refused? 8. If you hold an accepted draft? 9. If the
+acceptor fails to pay when the paper becomes due? 10. If you hold an
+uncertified check, in order to render the drawer responsible? 11. If it is
+indorsed, to make the indorsers responsible? 12. If you have a certified
+check, to make the bank responsible? 13. If you are a third indorser of a
+note, whom can you hold responsible in case the paper is dishonored, and
+how? 14. If you have a bearer note and you wish to transfer it without
+assuming responsibility? 15. How if it is an order note?
+
+
+
+
+APPENDIX A.--FORMS.
+
+
+TOWN BUSINESS.
+
+_I. Organization of a Town._
+
+
+PETITION.
+
+To the board of county commissioners of the county of
+__________,__________ : The undersigned, a majority of the legal voters of
+congressional township number ______ north, of range number ______ west,
+in said county, containing not less than twenty-five legal voters, hereby
+petition your honorable board to be organized as a new town under the
+township organization law, and respectfully ask that you forthwith proceed
+to fix and determine the boundaries of such new town and to name the same
+(giving the proposed name.)
+
+(Dated, and signed by a majority of all the legal voters in the town.)
+
+
+COMMISSIONERS' REPORT.
+
+State of __________, county of __________, ss.
+
+Upon receiving a petition of a majority of all the legal voters of
+congressional township number ______ north, of range number ______ west,
+in said county, asking that the same be organized as a new town under the
+township organization law, to be named __________, we, the county
+commissioners of said county did, on the ______ day of A.D. 18______,
+proceed to fix the boundaries of such new town and name the same
+__________, in accordance with the said petition, and designated
+__________ as the place for holding the first town meeting in such town,
+to be held on __________, 18______. The boundaries of said town of
+__________, as fixed and established by us, are as follows: (Beginning at
+the southeast corner of section ______, town ______ north, of range ______
+west, thence west on the township line ______ to the southwest corner of
+section ______, town and range as aforesaid, thence north, &c., giving the
+boundary lines complete.) Given under our hands this ______ day of
+__________, 18______.
+
+[Auditor's official seal.]
+
+(Signed by the Commissioners.)
+
+Attest: O.J., County Auditor.
+
+
+
+II. Elections.
+
+
+NOTICE OF ANNUAL ELECTION.
+
+Notice is hereby given, that on Tuesday, the ______ day of November,
+18_____, at ___________, in the election district composed of the
+__________, in the county of __________, and state of __________, an
+election will be held for (here name the state, judicial, congressional,
+legislative and county officers to be elected); (if constitutional
+amendments are to be submitted, add:) also the following amendments to the
+constitution of the state will be submitted to the people for their
+approval or rejection, viz.: amendment to section _____, article _____, of
+the constitution (naming each one proposed); (and if any special matters,
+such as removal of county seat, &c., are to be voted on, then specifically
+state them); which election will be opened at nine o'clock in the morning,
+and will continue open until five o'clock in the afternoon of the same
+day, at which time the polls will be closed.
+
+Dated at ________ this _____ day of October, 18____.
+
+C.O.S., Town Clerk (or City or Village Recorder.)
+
+
+REGISTER POLL LIST.
+
+List of qualified electors in the election district composed of the
+__________ of __________, in the county of __________, and state of
+__________, for an election to be held in the said election district, on
+Tuesday, the _____ day of November, 18_____:
+
+Adams, James      | Little, Joseph
+Babcock, George   | Mann, Oscar.
+
+(Write the surnames in alphabetical order, and leave sufficient space
+between the alphabetical letters to insert all additional names.)
+
+Notice is hereby given that the undersigned judges of election of said
+election district, will be present at the __________, in said __________,
+at the times named below, for the purpose of making corrections in the
+foregoing list, viz.: On "Wednesday, October _____, and (here insert the
+days and times of the day they are to meet), from 9 o'clock A.M. till 4
+o'clock P.M. of each day, and also on the morning of election day, from 7
+o'clock A.M. to 9 o'clock A.M."
+
+Given under our hands this _____ day of October, 18_____.
+
+(Signed by all the judges of election.)
+
+
+MINUTES OF TOWN MEETING.
+
+At the annual (special) town meeting held in the town of __________,
+county of __________, state of __________, at _____, on the day of _____,
+18 _____, the meeting was called to order by R.G., town clerk. M.J.H. was
+then chosen to preside as moderator of the meeting.
+
+The moderator, at the opening of the meeting, stated the business to be
+transacted and the order of the same as follows: That the business to be
+transacted would be to elect three supervisors, &c., (stating the officers
+to be elected,) and to do any other business proper to be done at said
+meeting.
+
+That said business would be entertained in the following order: 1st--The
+election by ballot of town officers, the polls to be kept open throughout
+the day. 2d--At one o'clock P.M., election of overseers of highways for
+each road district in the town. 3d--That immediately following the
+election of overseers of highways the general business of the town would
+be taken up and proceeded with until disposed of.
+
+Proclamation of opening the polls was then made by the moderator and the
+polls opened and the election of town officers proceeded.
+
+The hour of one o'clock P.M. having arrived and the general business of
+the town being now in order, the following named persons were elected, by
+ayes and noes, overseers of highways for the ensuing year in the following
+road districts, viz.: (here give the numbers of the road districts and the
+names of the persons elected overseers thereof.)
+
+A.B. was elected poundmaster of said town. On motion, ordered that a
+pound, &c., (give the location, cost, &c., of pound, if ordered.)
+
+The following three places were determined and designated by the voters
+present as the most public places in said town for the posting up of legal
+notices, and suitable posts for such purpose were ordered to be erected or
+maintained by the supervisors at each of such places, viz.: (describe the
+places.)
+
+The supervisors submitted to the electors a report of all the places at
+which guide posts are erected and maintained within the town, and of all
+places at which, in their opinion, they ought to be erected and
+maintained. Thereupon, it was ordered that guide posts be erected and
+maintained at the following places, viz.: (describe the places.)
+
+The town clerk read publicly the report of the board of auditors,
+including a statement of the fiscal concerns of the town and an estimate
+of the sum necessary for the current and incidental expenses of the town
+for the ensuing year.
+
+The supervisors rendered an account in writing, stating the labor assessed
+and performed in the town, the sums received by them for fines and
+commutation, &c.; a statement of the improvements necessary to be made on
+the roads and bridges, and an estimate of the probable expense of making
+such improvements beyond that of the labor to be assessed for this year,
+that the road tax will accomplish; also a statement in writing of all
+expenses and damages in consequence of laying out, altering or
+discontinuing roads.
+
+On motion, it was ordered that the following sums of money be raised by
+tax upon the taxable property in said town for the following purposes for
+the current year: (enter the specific amounts carefully.)
+
+On motion of H.S.H.H., the following by-law was adopted, ayes _____, noes
+_____: "It is hereby ordered and determined that it shall be lawful for
+horses, mules and asses to run at large in the town of __________, in the
+day time, from the first day of April to the 15th day of October, in each
+year, until further ordered."
+
+On motion, it was resolved, &c., (set forth in order each resolution or
+order as it transpires.)
+
+The next annual town meeting was ordered to be held at (naming the place.)
+
+At five o'clock the polls were closed, proclamation thereof being made by
+the moderator. The judges then proceeded to publicly canvass the votes,
+and the persons having the greatest number of votes for the respective
+offices voted for were declared elected.
+
+STATEMENT OF RESULT OF CANVASS. (To be read publicly.)
+
+The following is a statement of the result of the canvass of votes by
+ballot for the election of officers at the annual town meeting in the of
+__________, county of __________, and state of __________, March _____,
+18_____, as publicly canvassed by the judges at said meeting:
+
+H.B. had _____ votes for chairman of supervisors.
+
+J.L. had _____ votes for chairman of supervisors.
+
+H.B. was declared elected chairman of supervisors.
+
+(In this way give a statement of the votes cast for each officer.)
+
+On motion the meeting adjourned without day.
+
+J.H.T., C.O.C., Judges
+
+Attest: R.G., Clerk.
+
+
+OFFICIAL OATH.
+
+State of __________, county of __________, town of __________, ss.
+
+I, J.A., do solemnly swear (or affirm) that I will support the
+constitution of the United States and of the state of __________, and
+faithfully discharge the duties of the office of __________ of the town of
+__________, in the county of __________, and state of __________, to the
+best of my ability. J.A.
+
+Subscribed and sworn to before me this _____ day of __________ A.D.
+18_____
+
+T.S., Justice of the Peace.
+
+
+OFFICIAL BOND.
+
+Know all men by these presents, that we, R.S., as principal, and B.B.S.
+and J.E. as sureties, all of the county of __________, and state of
+__________, are held and firmly bound unto J.D.E., E.C., and E.E., as
+supervisors of the town of __________, in said county, and their
+successors in office, in the sum of (five hundred) dollars, lawful money
+of the United States of America, to be paid to them as such supervisors,
+their successors or assigns; for which payment well and truly to be made,
+we bind ourselves, our heirs, executors and administrators, jointly and
+severally, firmly by these presents. Sealed with our seals dated the _____
+day of __________, 18_____.
+
+The condition of the above obligation is such, that whereas, the above
+bounded R.S. was, on the _____ day of __________, A.D. 18_____, duly
+elected (or appointed) __________ in and for the town of __________, in
+said county, for the term of __________, and is about to enter upon the
+duties of said office; now, therefore, if the said R.S. shall, will and
+does faithfully discharge all his duties as such __________ in and for
+said town, then the above obligation to be void, otherwise to remain in
+full force and virtue.
+
+R.S. [Seal.] B.B.S. [Seal.] J.E. [Seal.]
+
+Sealed and delivered in presence of
+
+J.B. and G.J.
+
+State of __________, County of __________, ss.
+
+On this _____ day of __________, A.D. 18_____, before me, the subscriber,
+a __________ in and for said county, personally appeared __________ to me
+known to be the person described in, and who executed the foregoing
+instrument, and acknowledged that he executed the same as __________ free
+act and deed.
+
+County of __________, ss. B.B.S. and J.E., being duly sworn, say each for
+himself, that he is surety in the within bond; that he is a resident and
+freeholder of the state of __________, and that he is worth the sum of
+(five hundred) dollars over and above his debts and liabilities, and
+exclusive of property exempt from execution.
+
+B.B.S. and J.E.
+
+Subscribed and sworn to before me, this _____ day of __________, 18_____.
+
+W.R.P., Justice of the Peace.
+
+(After folding the instrument the approving officer must indorse on its
+back the following words:) "I hereby approve the within bond and the
+sureties therein contained, this _____ day of __________, 18_____."
+
+(Signed officially by the approving officer.)
+
+
+NOTICE TO CLERK OF DISTRICT COURT OF ELECTION OF JUSTICE OF THE PEACE.
+
+State of __________, county of __________, town of __________, ss.
+
+To H.A.B., (address,) clerk of the district court of the county of
+__________.
+
+You are hereby notified that at the _____ town meeting held in the town of
+__________, in the county of __________, and state of __________, on the
+_____ day of March, A.D. 18_____, P.E.C. was duly elected to the office of
+justice of the peace, for the term of two years. (If elected to fill a
+vacancy, state who was the last incumbent.) Given under my hand, this
+_____ day of March, A.D. 18_____.
+
+A.R., Town Clerk.
+
+
+
+_III. Roads._
+
+
+PETITION.
+
+To the supervisors of the town of __________, in the county of __________,
+and state of __________:
+
+The undersigned, legal voters (who own real estate, or who occupy real
+estate under the homestead or pre-emption laws of the United States, or
+under contract from the state of __________, within one mile), (or who are
+freeholders and residents of the town within two miles) of the road to be
+laid out (or altered, or discontinued), hereby petition you to lay out a
+new road (or alter, or discontinue a road) as follows: Beginning (give the
+point at which it is to commence, its general course and its termination.)
+
+The description of the lands over which the said (new) road passes, and
+the names of the owners thereof which are known, as well as the lands
+whose owners are unknown, are as follows: (Give the owners of the lands
+that are known and describe the lands whose owners are unknown.)
+
+And your petitioners pray that you will proceed to lay out said new road
+and cause the same to be opened (or alter, or discontinue said road)
+according to law. (Dated, and signed by at least six resident legal voters
+owning real estate or occupying United States or school lands within one
+mile, or at least eight resident freeholders within two miles of the
+road.)
+
+
+PROOF OF POSTING.
+
+State of __________, county of __________, town of __________, ss.
+
+D.S. being sworn, says, that on the ______ day of __________, 18______, he
+posted copies of the within petition in three of the most public places of
+said town, to-wit: At (naming the places.) _________________________ D.S.
+
+Subscribed and sworn to before me this ______ day of __________, 18______.
+
+E.W.R., Justice of the Peace.
+
+
+SUPERVISORS' NOTICE OF HEARING.
+
+Notice is hereby given that the supervisors of the town of __________, in
+the county of __________, and state of __________, will meet on the ______
+day of __________ A.D. 18______, at ______ o'clock in the ______noon, at
+__________, in said town, for the purpose of personally examining the
+route named below, proposed for a new (or altering, or discontinuing a)
+road, and for hearing all reasons for or against said proposed laying out
+(or altering, or discontinuance) and deciding upon said application. Said
+proposed new road (or alteration, or discontinuance) as described in the
+petition is as follows: (Here give the description of the route as
+contained in the petition.)
+
+The several tracts of land through which said road will pass (passes) and
+the occupants thereof, as nearly as we can determine the same, are as
+follows: (Give a description of the lands and the names of the occupants,
+and if any have no occupants and the owners are unknown, state that fact.)
+(Dated, and signed officially by the supervisors.)
+
+
+PROOF OF POSTING NOTICE.
+
+State of __________, county of __________, town of __________, ss.
+
+D.S. being sworn, says that on the ______ day of __________, A.D.
+18______, he served the within notice upon each of the occupants of the
+land through which the within described road may pass, by leaving copies
+as follows: To A.B. personally; to C.D. at his usual place of abode with
+E.F., a person of suitable age and discretion, (describing each service.)
+
+That, also, on the ______ day of __________ A.D. 18______, he posted
+copies of the within notice in three public places in said town, to-wit:
+At (naming the places.)
+
+D.S.
+
+Subscribed and sworn to before me this ______ day of __________, 18______.
+
+E.W.R., Justice of the Peace.
+
+
+SUPERVISOR'S ROAD ORDER.
+
+State of __________, county of __________, town of __________, ss.
+
+Whereas, upon the petition of (six) legal voters, owning real estate, or
+occupying real estate under the homestead or pre-emption laws of the
+United States, or under contract from the state of __________, within one
+mile (or eight legal voters, freeholders and residents of the town, within
+two miles), of the road proposed in said petition to be laid out (altered
+or discontinued), copies of said petition having been first duly posted up
+in three of the most public places of said town at least twenty days
+before any action was had in relation thereto, proof of which posting was
+duly shown to us by affidavit; Which said proposed new road (alteration or
+discontinuance) is set forth and described in said petition as follows,
+viz.: Beginning, etc., (set forth the road as given in the petition.)
+
+And whereas, upon receiving said petition we did, within thirty days
+thereafter, make out a notice and fix therein a time and place at which we
+would meet and decide upon such application, to-wit: on the day of _____,
+A.D. 18_____, at __________, causing copies of such notice to be posted in
+three public places in said town, at least ten days previous to such
+meeting; and having met at such time and place as above named in said
+notice, and being satisfied that the applicant had, at least ten days
+previous to said time, caused said notice of time and place of hearing to
+be given to all the occupants of the land through which such highway might
+pass, by serving the same personally or by copy left at the usual place of
+abode of each of said occupants, proof of which was shown by affidavit, we
+proceeded to examine personally such highway and heard any and all reasons
+for or against laying out (altering or discontinuing) the same, and being
+of the opinion that such laying out (or altering, or discontinuing,) was
+necessary and proper and that the public interest would be promoted
+thereby, we granted the prayer of said petitioners and determined to lay
+out (alter or discontinue) said road, the description of which as so laid
+out is as follows, to-wit: Beginning, &c.
+
+It is therefore ordered and determined that a road be and the same is
+hereby laid out (or altered) and established according to the description
+last aforesaid, and it is hereby declared to be a public highway, four
+rods wide, the said description above given being the center of said road.
+
+Given under our hands, this, &c., (dated and signed officially by the
+supervisors.)
+
+
+SURVEYOR'S REPORT.
+
+To the supervisors of the town of __________, county of __________, and
+state of __________:
+
+The undersigned having been employed by you to make a survey of a road in
+said town would report that the following is a correct survey thereof, as
+made by me under your directions, to-wit: (Give an accurate description of
+the road by course and distance) and that below is a correct plot of said
+road according to said survey. (Dated and signed.)
+
+
+RELEASE OF DAMAGES.
+
+State of __________, county of __________, town of __________, ss.:
+
+Whereas, a road was laid out (or altered or discontinued) on the _____ day
+of __________, A.D. 18_____, by the supervisors of the said town of
+__________, on the petition of (six) legal voters, owning real estate, or
+occupying real estate under the homestead or pre-emption laws of the
+United States, or under contract from the state of __________, within one
+mile (or eight legal voters freeholders and residents of the town within
+two miles) of said road; which said road (or alteration, or
+discontinuance) is set forth and described in the supervisors' order, as
+follows, viz.: Beginning (describe the road as in the order laying it out);
+which said road passes through certain lands owned by us as described
+below:
+
+Now, therefore, know all men by these presents, that we, the owners of the
+lands described below, for value received, do hereby * release all claims
+to damages sustained by us by reason of the laying out (or altering, or
+discontinuing) and opening said road through our lands, viz.: (Here give a
+description of the lands and their owners' names.)*
+
+In witness whereof, we have hereunto set our hands and seals this day of
+__________, A.D. 18_____. (Signatures and seals.) Signed, sealed and
+delivered in presence of two witnesses.
+
+
+AGREEMENT AS TO DAMAGES.
+
+(Use form "Release of Damages" to the * then substitute to the next * as
+follows:) do hereby "agree to and with the said supervisors that the
+damages sustained by us by reason of laying out (or altering, or
+discontinuing) said road be ascertained and fixed, and the same are hereby
+ascertained and fixed as follows: (Describe the lands, give the owners'
+names, and the amounts agreed on;" and conclude as in form "Release of
+Damages.")
+
+
+AWARD OF DAMAGES.
+
+State of __________, county of __________, town of __________, ss.:
+
+Whereas, a road was laid out (or altered or discontinued) on the day of
+__________, A.D. 18_____, by the undersigned supervisors of the said town
+of __________, on the petition of (six) legal voters, owning real estate,
+or occupying real estate under the homestead or pre-emption laws of the
+United States, or under contract from the state of __________, within one
+mile (or eight legal voters, freeholders and residents of the town within
+two miles) of said road; which said road (or alteration, or
+discontinuance) is set forth and described in the supervisors' order as
+follows, viz.: Beginning (describe the road as in the order laying it
+out.) And not being able to agree with the owners of the following
+described lands, claiming damages by reason of said highway passing
+through, we have assessed the damages to each of such individual claimants
+with whom we could not agree, and awarded damages to the owners of such
+lands through which such highway passes as are unknown, at what we deemed
+just and right; taking into account and estimating the advantages and
+benefits the road will confer on the claimants and owners, as well as the
+disadvantages. We have assessed and awarded damages as follows:
+
+(Here give a particular description of each tract of land and its owner,
+if known; but if not known, state that fact also.)
+
+And in case of the following lands and claimants for damages, we estimate
+that the advantages and benefits said road will confer on them are equal
+to all damages sustained by them by reason of laying out (or altering, or
+discontinuing) said road, to-wit: (Set forth lands and owners as far as
+known; and describe the unknown lands, stating that the owners are
+unknown.) (Dated, and signed by the supervisors.)
+
+
+APPLICATION FOR JURY.
+
+State of __________, county of __________, town of __________, ss.
+
+To J.P., justice of the peace in and for said county:
+
+I, J.A.B., of said town, feeling myself aggrieved by the determination
+(award of damages) made by the supervisors of said town (county
+commissioners of said county) by their order bearing date the _____ day of
+__________, A.D. 18_____, in laying out (altering or discontinuing) (or
+refusing to lay out, alter or discontinue) a highway in said town
+(county), do hereby appeal to you for a jury to be summoned by you to hear
+and determine such appeal.
+
+The highway (alteration or discontinuance) in question is described in
+said order, filed in the town clerk's (county auditor's) office of said
+town (county) ________, A.D. 18_____, as follows: (describe the road, as
+in the order on file), which said road passes through lands owned by me,
+viz.: (describing them.)
+
+The grounds upon which this appeal is brought, are: (to recover $80
+damages to my said land by reason of such laying out, instead of $40 as
+awarded in said order) (or, in relation to the laying out, or altering, or
+discontinuing said highway;) (or their refusal to lay out, or alter, or
+discontinue said highway;) (or said appeal is brought to reverse entirely
+the decision of the said supervisors or commissioners;) (or is brought to
+reverse that part of their order [specifying which part,] &c.) (Dated and
+signed by the appellant.)
+
+
+
+JUSTICE COURT.
+
+
+_I. Civil Suit._
+
+
+SUMMONS.
+
+State of _____, }ss.
+ County of ____ }
+
+[Footnote: This brace of lines, giving the state and county as
+introductory to a process, certificate, affidavit or other paper, is
+called a "venue," and should be inserted wherever the word _(Venue)_ is
+expressed in forms given hereafter.]
+
+The state of _______ to the sheriff or any constable of said county:
+
+You are hereby commanded to summon A.M., if he shall be found in your
+county, to be and appear before the undersigned, one of the justices of
+the peace in and for said county, on the ___ day of _____ 18_____, at ___
+o'clock in the ____noon, at my office in the ____, in said county, to
+answer to J.T. in a civil action; and have you then and there this writ.
+
+Given under my hand this ___ day of ___, A.D. 18_____.
+
+W.D.D., Justice of the Peace.
+
+
+CONSTABLE'S RETURN.
+
+_(Venue as in Summons.)_
+
+I hereby certify that I personally served the within summons upon the
+within named defendant, by reading the same to him, in said county, on the
+__ day of _________, 18_____.
+
+Fees--Mileage, 8 miles, - - .80
+Service,  - - - - - - - - - .15
+                             --
+                            .95
+
+G.M.G., Constable.
+
+
+COMPLAINT.
+
+State of ______} ss.                  In Justice Court,
+ County of ____}            Before W.D.D., Justice of the Peace.
+                    J.T., plaintiff,
+                         against
+                    A.M., defendant.
+
+[Footnote: All the affidavits, pleadings, and other papers filed by
+parties in an action should be "entitled," that is to say, should begin
+with a caption similar to the above, giving the state and county, name of
+justice, and the names of the parties, plaintiff and defendant, to the
+action. This caption (_title of cause_) is to be inserted in every form
+given hereafter, wherever it is so expressed.]
+
+The complaint of the plaintiff shows to this court that at ___, in the
+state of ___, on the _____ day of ____, 18___, the defendant made his
+promissory note in writing, dated on that day, and thereby promised to pay
+to the plaintiff (one year after date) the sum of (eighty) dollars, for
+value received, with interest thereon from the said date at the rate of
+(ten) per cent, per annum until fully paid, and delivered the same to the
+plaintiff.
+
+That the plaintiff is now the holder and owner of said note; that the same
+has not been paid, nor any part thereof; but the defendant is now justly
+indebted to the plaintiff thereon in the sum of (eighty) dollars, with
+interest as aforesaid.
+
+Wherefore, the plaintiff demands judgment against the defendant for the
+sum of (eighty-nine) dollars and (sixty) cents, with costs of suit.
+
+J.T. (_Venue._)
+
+J.T., the plaintiff (or defendant) in this action, being duly sworn, says
+that the foregoing complaint (or answer, or reply,) is true, to his own
+knowledge, except as to those matters stated on his information and
+belief, and as to those matters, that he believes it to be true.
+
+J.T. (_Jurat._)
+
+
+ANSWER.
+
+(_Title of cause._)
+
+The answer of the defendant to the complaint herein, shows to this court:
+
+1. That he admits the making and delivering of the note therein stated,
+but denies each and every other allegation therein contained.
+
+2. And for a further defense this defendant shows that on the _____ day of
+_________, 18_____, he bought (a horse) of the plaintiff for the sum of
+(one hundred and thirty) dollars, and paid him (fifty) dollars in money,
+and the note of (eighty) dollars described in the complaint; which
+(horse), by the contract of sale, the plaintiff warranted to the defendant
+to be sound; and the defendant further states that the said (horse) was
+unsound at the time, whereby the defendant sustained damage in the sum of
+(one hundred) dollars.
+
+Wherefore he asks that said amount of damage be set off against the amount
+of said note, and demands judgment for the balance of (twenty) dollars,
+besides costs of suit.
+
+A.M. (_Verified._)
+
+
+REPLY.
+
+(_Title of cause._)
+
+The reply of the plaintiff to the facts set forth in the answer of the
+defendant, denies each and every allegation therein contained.
+
+J.T. (_Verified._)
+
+
+ADJOURNMENT.
+
+(_Title of cause._)
+
+(_Venue._) A.M., being duly sworn, says, that he is the defendant in this
+action; that J.C.S., who resides in the town of _________, in said county,
+is a material witness for this defendant, without whose testimony he
+cannot safely proceed to the trial of this action; that the said J.C.S.,
+if examined as a witness on the trial, will testify that he was present at
+the time the horse mentioned in the answer was purchased, and heard the
+plaintiff say to the defendant, "the horse is sound, and I warrant him
+so;" that he heard this defendant reply, "well, I shall rely entirely upon
+your warranty;" and that thereupon defendant gave his note for the balance
+of the purchase money of the horse.
+
+That on the _____ day of _________, 18_____, he procured a subpoena for
+the said J.C.S., and went with the same to his residence to serve the
+same, when he there learned for the first time that said J.C.S. had
+unexpectedly left home the day before and had gone to _________, in the
+state of _________, to be absent (three) weeks. That he knows of no other
+person by whom he can prove these facts; and that he expects to be able to
+procure the attendance of said J.C.S. as a witness on the trial, if this
+cause is adjourned for (thirty) days.
+
+A.M.
+
+(_Jurat_.)
+
+
+SUBPOENA.
+
+  State of ____, } ss.
+    County of ___}
+
+The State of _________ to J.K., J.L. and G.G.:
+
+You are hereby required to appear before the undersigned, one of the
+justices of the peace in and for said county, at my office in the town of
+_________, on the _____ day of _________, 18_____, at _____ o'clock in the
+_________ noon of said day, to give evidence in a certain cause then and
+there to be tried between J.T., plaintiff, and A.M., defendant, on the
+part of the plaintiff (or defendant.)
+
+Given under my hand this _____ day of _________, 18_____.
+
+W.D.D., Justice of the Peace.
+
+
+ATTACHMENT AGAINST WITNESS.
+
+(_Venue_.)
+
+The State of _________ to the sheriff or any constable of said county:
+
+You are hereby commanded to attach the body of S.K.B., if he shall be
+found in your county, and bring him forthwith before the undersigned, one
+of the justices of the peace in and for said county, at my office in the
+town of _________, in said county, to give evidence in a certain cause now
+pending before me, between J.T., plaintiff, and A.M., defendant, on the
+part of the defendant (or plaintiff); and also to answer all such matters
+as shall be objected against him, for that the said S.K.B., having been
+duly subpoenaed to attend at the trial of said action, had refused (or
+failed without just cause) to attend, in conformity to said subpoena; and
+have you then and there this writ.
+
+Given under my hand, etc. W.B.D., Justice of the Peace.
+
+
+CONSTABLE'S JURY LIST.
+
+(_Title of cause_.)
+
+List of names of (twenty-four) inhabitants of the county of _________,
+qualified to serve as jurors in the district court of said county, made by
+me as directed by said justice of the peace, from which to impanel a jury
+in the above entitled cause.
+
+G.W., Constable.
+
+Dated, etc.
+
+John J. Cooke, X
+
+Allan K. Ware,
+
+X Jared S. Benson,
+
+Walter G. Brown,
+
+George W. Jones,
+
+Elias Bedall,
+
+Erick Peterson,
+
+Patrick Kelly, X
+
+X Thomas O. Jones,
+
+Julius Graetz,
+
+John Shannon, X
+
+X David F. Lamb,
+
+Wm. W. Wertsel,
+
+X Daniel G Pratt,
+
+Horace S Roberts, X
+
+J.W. Everstine,
+
+Aaron M Ozmun,
+
+X Ole T. Ruhd,
+
+Lars Anderson,
+
+Conrad Schacht,
+
+O.P. Whitcomb,
+
+X J.Q. Leonard,
+
+Zera Fairman, X
+
+Russell Blakely. X
+
+** Names struck off by plaintiff checked on the right; by defendant
+checked on the left.
+
+W.D.D., Justice of the Peace.
+
+
+VENIRE.
+
+State of __________,}
+ County of _________}ss.
+
+The State of __________ to the sheriff or any constable of said county:
+
+You are hereby commanded to summon (here insert the names in full), to be
+and appear before the undersigned, one of the justices of the peace in and
+for said county, on the ______ day of __________, 18______, at ______
+o'clock in the ______noon of said day, in the (town) of __________, in
+said county, to make a jury for the trial of a civil action between J.T.,
+plaintiff, and A.M., defendant, and have you then and there this writ.
+
+Given under my hand this ______ day of __________, A.D. 18______.
+
+W.D.D., Justice of the Peace.
+
+
+RETURN.
+
+(_Venue_.)
+
+I hereby certify that, by virtue of the within writ, I have personally
+summoned as jurors the several persons named therein, viz. (give the list
+served; and if any are not served, add): and that the following named
+persons could not be found (giving their names.)
+
+Dated this ______ day of __________, 18______. G.W., Constable. Fees,
+etc.
+
+
+WARRANT FOR JUROR.
+
+State of __________,}
+ County of _________}ss.
+
+The State of __________ to the sheriff or any constable of said county:
+
+Whereas, on the ______ day of __________, A. D. 18______, a venire was
+duly issued by the undersigned, one of the justices of the peace of the
+said county, in the case of J.T. _vs_ A. M., then pending before me as
+such justice; and, whereas, one E.F. was duly named as juror therein, and
+said venire was duly served upon said E.F. by G.H., a constable of said
+county; and, whereas, the said E.F. failed to appear as such juror, or to
+render any reasonable excuse for his default, as appears from the return
+of said constable, and from my docket; now, therefore, you are hereby
+commanded forthwith to apprehend the said E.F. and bring him before me to
+show cause why he should not be fined for contempt in not obeying said
+writ, and to be further dealt with according to law.
+
+Given under my hand, etc.
+
+W.D.D., Justice of the Peace.
+
+
+DOCKET.
+
+(_With oral pleadings, jury trial, execution, etc._)
+
+State of _________,}
+ County of _______,}ss.
+
+In Justice Court.
+
+Before W.D.D., Justice of the Peace.
+
+
+J.T., Plaintiff,
+
+_against_
+
+A.M., Defendant.
+
+
+PLAINTIFF'S COSTS.
+
+_Justice's Fees_.
+
+Summons...............$  25
+Complaint.............   15
+Answer................   15
+Reply.................   15
+Adjournment...........   15
+Oath, 2d adjt.........   15
+2d adjournment........   15
+Filing two papers.....   10
+3d adjournment........   15
+Swearing jury.........   25
+Oath, nine witnesses.. 1 35
+Oath, officer.........   15
+Judgment..............   25
+Taxing costs..........   15
+
+                      $3 55
+
+_Constable's Fees_.
+
+On summons............$1 10
+Jury list.............   15
+Summoning jury........ 1 00
+1 day's att. court.... 1 00
+Attending jury........   50
+
+                      $3 75
+
+_Plaintiff's Witnesses_.
+W.A.,att. and mil.....$1 48
+L.D.,   "     "  ..... 1 24
+Z.S.,   "     "  ..... 1 12
+J.B.,   "     "  ..... 1 36
+
+                      $5 20
+
+                     $12 50
+
+August l, 1887.--Summons issued, returnable August 9,1887, at 1 o'clock
+P.M.
+
+August 5.--Summons returned by Constable S. (Here give the return of the
+officer.)
+
+August 9, 1 P.M.--Parties appeared and joined issue. Plaintiff complained
+orally upon a promissory note, and delivered the same to the court, and
+stated that there was due him $80 and interest thereon, which he claimed
+to recover Of defendant; verified the same. Defendant answered orally,
+alleging that said note was given for a horse, which horse was warranted
+to be sound, whereas, in fact, it was unsound, claiming $100 damages
+thereby; verified. Plaintiff replied orally, denying the warranty;
+verified. Plaintiff then applied for an adjournment, and the suit was
+adjourned to August 16, 1887, at 1 P.M., at my office.
+
+August 16, 1 P.M.--Parties appeared, and defendant applied for an
+adjournment of thirty days, to obtain material witness, and having shown
+cause therefor, upon oath, the suit was adjourned to September 16, 1887,
+at 1 P.M., at my office.
+
+September 16, 1887, 1 P.M.--Parties appeared, and defendant demanded a
+jury of twelve persons, paying their fees. Venire issued and delivered to
+Constable G.W. Cause adjourned to September 17, 1887, at 1 P.M., at my
+office, to give time to summon the jury, and for them to appear.
+
+September 17, 1 P.M.--Parties appear. Two of the jurors not appearing,
+G.D. and E.F. were summoned as talesmen. The following jurors were sworn:
+(Give the list.) The following witnesses were sworn for the plaintiff:
+(Note in order in the docket all exceptions taken to any testimony.) The
+following witnesses were sworn for the defendant, etc. The following
+witnesses were sworn in rebuttal, etc. (All exceptions to rulings of the
+court are to be noted in the docket in order whenever they occur.)
+
+September 17, 5 P.M.--After hearing the testimony, the jury retire, under
+charge of Constable G.W., sworn for that purpose.
+
+6 P.M.--Jury returned into court, and say that they find for the plaintiff
+for the sum of $86.00.
+
+Judgment rendered thereupon against the defendant for $86.00 and costs of
+suit, taxed at $12.50, on this 17th day of September, 1887.
+
+W.D.D., Justice of the Peace.
+
+September 29, 1887.--Execution issued for $86.00, and interest from
+September 17, and for $12.50 costs, and delivered to Constable G.W. to
+collect.
+
+W.D.D., Justice of the Peace.
+
+October 11.--Execution returned satisfied.
+
+W.D.D., Justice of the Peace.
+
+October 15,1887.--Received the above judgment and costs in full.
+
+J.T., Plaintiff.
+
+
+OATH TO JURORS.
+
+"You do solemnly swear that you will well and truly try the matters in
+difference between the parties in this cause, and a true verdict give,
+according to the evidence given you in court and the laws of this state.
+So help you God."
+
+
+OATH TO WITNESS.
+
+"You do solemnly swear that the evidence you shall give relative to the
+cause now under consideration shall be the whole truth, and nothing but
+the truth. So help you God."
+
+
+OATH TO OFFICER.
+
+"You do solemnly swear that you will keep this jury together in some
+suitable place, without food or drink, unless ordered by the court; that
+you will suffer no person to speak to them upon the matters submitted to
+their charge until they are agreed, nor will you speak to them yourself
+about the cause, except to ask them whether they are agreed; that you will
+permit no person to listen to, or overhear, any conversation or discussion
+they may have while deliberating on their verdict; that you will not
+disclose their verdict nor any conversation they may have respecting the
+cause, until they have delivered their verdict in court, or been
+discharged by order of the court. So help you God."
+
+
+EXECUTION.
+
+State of __________,}
+ County of _________}ss.
+
+The state of _________ to the sheriff or any constable of said county:
+
+Whereas, judgment against A.M. for the sum of (eighty-six) dollars, lawful
+money of the United States, and for (twelve) dollars and (fifty) cents,
+costs of suit, was recovered the _____ day of _________, 18_____, before
+me, at the suit of J.T.; these are therefore to command you to levy
+distress on the goods and chattels of the said A.M. (excepting as the law
+exempts), and make sale thereof according to law, in such case made and
+provided, to the amount of the said sum, together with twenty-five cents
+for this execution, and the same return to me within thirty days, to be
+rendered to the said J.T. for his said judgment and costs. Hereof fail
+not, under penalty of the law.
+
+W.D.D., Justice of the Peace
+
+
+ENDORSEMENTS ON EXECUTION.
+
+
+IN JUSTICE COURT
+
+COUNTY OF.........................................
+
+J.T., plaintiff
+
+_against_
+
+A.M., defendant
+
+EXECUTION.
+
+Collect Judgment........$86 00
+Costs................... 12 00
+                        ______
+                        $98 50
+
+Interest thereon at seven per cent, from Sept. 17, 1887, and your fees.
+
+W.D.D., Justice of the Peace
+
+Received the within execution Sept. 29, 1887.
+
+G.W., Constable.
+
+(See constable's return.)
+
+
+RETURN OF EXECUTION.
+
+(_Venue_.)
+
+By virtue of the within execution, on this first day of October, 1887, I
+have levied on one bay horse about seven years old, one single harness,
+and one single buggy, the property of the said A.M.
+
+G.W., Constable.
+
+
+CONSTABLE'S SALE.
+
+(_Venue_.)
+
+By virtue of an execution issued by E.M., justice of the peace, against
+the goods and chattels of A.M., I have seized and taken the following
+described property, to-wit: (describing it), which I shall expose for sale
+at public vendue to the highest bidder, on Tuesday, the eleventh day of
+October, 1887, at ten o'clock A.M. (in front of the postoffice), at _____,
+in said county.
+
+G. W., Constable.
+
+Dated Oct. 1, 1887.
+
+
+FINAL RETURN.
+
+(_Venue_.)
+
+I hereby certify that, by virtue of the within execution, on the first day
+of October, 1887, I levied on the goods and chattels in the annexed
+inventory named, the property of said A.M., and on the first day of
+October, 1887, I advertised the said property for sale by posting up in
+three public places in the election district where it was to be sold,
+to-wit, in the town of _________, three notices describing said property,
+and giving notice of the time and place, when and where the same would be
+exposed for sale; that at the time so appointed (naming it), I attended at
+the place mentioned in said notice (naming the place), and then and there
+exposed the said goods and chattels to sale at public vendue to the
+highest bidder; and sold the said horse to John Smith, for $76; the
+harness to Edward White, for $13.50; and the buggy to Samuel Jones, for
+$23.40, they being the highest bidders therefor; that I have retained
+$4.16, my fees and disbursements, from said amount, and have applied
+$86.40 in payment of the within execution, Which is hereby returned fully
+satisfied.
+
+G. W., Constable.
+
+(Dated and signed.)
+
+
+
+_II. Criminal Prosecutions._
+
+
+OATH TO COMPLAINANT.
+
+"You do solemnly swear that you will true answers make to such questions
+as shall be put to you touching this complaint against R.F. So help you
+God."
+
+
+CRIMINAL COMPLAINT.
+
+State of _________,}
+ County of _______,}ss.
+
+The complaint of J.D., of said county, made before A.J.S., Esq., one of
+the justices of the peace in and for said county, who, being duly sworn,
+on his oath says, that on the _____ day of _________, 18_____, at the
+_____ of _________, in said county, one R.F. did * threaten to beat (or
+wound, or maim, or as the case may be) him, the said J.D., and to do him
+great bodily harm; (or to burn his dwelling-house; or as the case may be);
+and that he has great cause for fear the said R.F. will beat, etc., (as
+above.) The said J.D., therefore, prays surety of the peace to be granted
+him against the said R.F., and this he does, not from any private malice
+or ill-will towards the said R.F., but simply because he is afraid, and
+has good cause to fear, that the said R.F. will beat, etc., (as above),
+against the form of the statute in such case made and provided, and
+against the peace and dignity of the state of Minnesota, * and prays that
+the said R.F. may be arrested and dealt with according to law.
+
+J.D.
+
+(_Jurat_.)
+
+A.J.S., Justice of the Peace.
+
+
+WARRANT.
+
+State of _________,}
+ County of _______,}ss.
+
+The State of _________ to the sheriff or any constable of said county:
+
+Whereas, J.D. has this day complained in writing to me, on oath, that
+R.F., on the _____ day of _________, 18_____, at _________ in said county,
+did (insert the statement of the offense, as in the complaint); and prayed
+that the said R.F. might be arrested and dealt with according to law; Now,
+therefore, you are commanded forthwith to apprehend the said R.F., and
+bring him before me, to be dealt with according to law; and you are also
+commanded to summon A.B., C.D., and E.F., material witnesses in said
+complaint, to appear and testify concerning the same.
+
+Given under my hand this day of, A.D. 18_____.
+
+A.J.S., Justice of the Peace.
+
+
+RETURN ON WARRANT.
+
+(_Venue_.)
+
+I hereby certify that by virtue of the within warrant I have arrested the
+within named defendant, and have him now before the court in custody.
+
+(Fees, etc.)
+
+(Dated.)
+
+J.N., Constable.
+
+
+RECOGNIZANCE.
+
+State of _________,}
+ County of _______,}ss.
+
+We, R.F., as principal, and J.B. and L.O., as sureties, of _________, in
+said county, acknowledge ourselves to owe and be indebted unto the state
+of Minnesota in the sum of (two hundred) dollars, to be levied of our
+several goods and chattels, lands and tenements, to the use of said state,
+if default be made in the condition following, to-wit:
+
+The condition of this recognizance is such, that if the above bounden R.F.
+shall and does keep the peace, and be of good behavior, for the period of
+(three months) from the date hereof, towards all the people of this state,
+and particularly towards J.D., then this recognizance to be void;
+otherwise of force.
+
+R.F.
+
+J.B.
+
+L.O.
+
+Taken and acknowledged before me, etc.
+
+A.J.S., Justice of the Peace.
+
+
+COMMITMENT.
+
+State of _________,}
+ County of _______,}ss.
+
+The State of _________ to the sheriff or any constable, and to the keeper
+of the common jail of said county:
+
+Whereas, B.F. was, on the _____ day of _________, 18_____, brought before
+the undersigned, one of the justices of the peace in and for said county,
+charged, on the oath of J.D., with having, on the _____ day of _________,
+18_____, at _____, in the said county (here state the offense as charged
+in the warrant), and upon examination of the said charge, it appearing to
+me that there is just cause to fear that such offense will be committed by
+the said R.F., he was ordered to enter into a recognizance, with
+sufficient sureties in the sum of ($200), to keep the peace toward all the
+people of this state, and especially toward the said J.D., for the term of
+(three) months; and the said R.F. having refused (or failed, or
+neglected,) to comply with such order: Now, therefore, you, the said
+constable, are commanded forthwith to convey and deliver into the custody
+of the said keeper the body of the said R.F., and you, the said keeper,
+are hereby commanded to receive the said R.F. into your custody in the
+said jail, and him there safely kept for the term of (three) months from
+the date hereof, or until he so recognizes as aforesaid, or until he shall
+thence be discharged by due course of law.
+
+Given under my hand this _____ day of _________, A.D. 18_____.
+
+J.P., Justice of the Peace.
+
+
+JAILER'S RECEIPT.
+
+(_Venue_.)
+
+I hereby certify that I have received into my custody the within named
+R.F., and have lodged him in the common jail of said county, as within
+commanded.
+
+Dated, etc.
+
+L.S.P., Sheriff, by G.S., Deputy.
+
+
+CONSTABLE'S RETURN.
+
+(_Venue_.)
+
+I hereby certify that by virtue of the within warrant I have delivered the
+within named R.F. to the keeper of the common jail of the said county, as
+appears by his receipt indorsed hereon.
+
+Dated, etc. T.R., Constable.
+
+Fees, etc.
+
+
+
+_III. Miscellaneous._
+
+
+COMPLAINT FOR SEARCH WARRANT.
+
+(Follow form "Criminal Complaint" to the *, then say): Divers goods and
+chattels, viz.: (describing them particularly, and their value,) were
+feloniously stolen, taken and carried away; and that the said C.W. has
+good reason to believe, and does believe, that the said goods and chattels
+are concealed in the (dwelling-house) of one J.S., situated in the (town)
+of _________, in said county (particularly describing the place), and that
+the grounds of his said belief are as follows: (here state the facts and
+circumstances on which his belief is founded.) He, therefore, prays that a
+warrant may issue to make search for said goods and chattels in said
+(dwelling-house) of the said J.S., according to the statute in such case
+made and provided.
+
+C.W.
+
+(_Jurat_.)
+
+
+SEARCH WARRANT.
+
+(Use the general form of warrant, except in the concluding sentence say):
+Now, therefore, you are commanded forthwith to enter the (dwelling-house)
+of one J.S., situated, etc., (particularly describing the place), and
+there make search for the above described property (or, as the case may
+be); and if the same, or any part thereof, shall there be found, you are
+hereby commanded to bring the same, together with the person(s) in whose
+possession the same may be found, before me, to be dealt with according to
+law.
+
+Given under my hand, etc.
+
+A.J.S., Justice of the Peace.
+
+
+
+_Probate Court._
+
+
+PETITION FOR ADMISSION OF WILL.
+
+State of _________,}
+ County of _______,}ss.
+
+In Probate Court.
+
+To the Judge of said Court:
+
+The petition of _________ of said _________, respectfully represents that
+_________ late of _________, deceased the _____ day of _________, at
+_____, died testate, as petitioner believe; that the instrument in writing
+herewith presented to this court, is the last will and testament of said
+deceased as petitioner believe; and that _________ the said petitioner
+_________ the identical _________ named and appointed in and by said last
+will and testament as executor thereof; that the heirs at law of said
+deceased are _________.
+
+Your petitioner would further represent, that the goods, chattels and
+personal estate of said deceased amount to about _____ dollars; and that
+the said deceased left debts due and unpaid to the probable amount of
+_____ dollars.
+
+Your petitioner would pray that a day be appointed for hearing the proofs
+of said last will and testament, and that public notice thereof be given
+to all persons interested, as this court shall direct; and that upon the
+proof and allowance of said will, and the approval of the bond of your
+petitioner _________, letters testamentary be to _________ issued thereon,
+and appraisers and commissioners appointed, according to the rules and
+practices of this court.
+
+Dated at _____, this _____ day of _____, A.D. 18_____.
+
+
+State of _________,}
+ County of _______,}ss.
+
+On this day of _____, A.D. 18_____, before me personally appeared the
+above named _____ and made oath that _____ he heard read the above and
+foregoing petition, subscribed by _____ and know the contents thereof, and
+that the same is true of _____ own knowledge, except as to the matters
+which are therein stated to be on _____ information and belief, and as to
+those matters he believe it to be true.
+
+
+ORDER ADMITTING WILL.
+
+State of _________,}
+ County of _______,}ss.
+
+In Probate Court. Term _____, 18_____
+
+In the matter of the estate of _____, deceased.
+
+Pursuant to an order of this court made in the above entitled matter, on
+the _____ day of _____, 18_____, the hearing of the proofs of that certain
+instrument bearing date the _____ day of _____, 18_____, purporting to be
+the last will and testament of _____, deceased, came on this day; and it
+appearing to the satisfaction of the court that the notice directed in the
+order aforesaid to be given, has been given; thereupon _____ and _____,
+the subscribing witnesses to said instrument, were duly sworn and examined
+on behalf of the proponent thereof, their testimony reduced to writing,
+subscribed by them, and filed. And it appearing to the court after a full
+hearing and examination of the testimony in said matter, that said _____
+died on the _____ day of _____, 18_____, testate, in the said county of
+_____, and that he was at the time of his death a resident of said county,
+and left assets therein; that said instrument offered for probate as and
+for the last will and testament of said deceased, was duly executed as his
+last will and testament by said testator according to law; that said
+testator, at the time of executing the same, was of sound mind, of lawful
+age and under no restraint, and that the same is valid and genuine; and no
+adverse appearance or objection being made:
+
+Now, therefore, it is ordered, adjudged, and decreed, that said instrument
+be and hereby is established and allowed as the last will and testament of
+said _____, deceased, and that the same hereby is admitted to probate.
+Ordered, further, that said last will and testament, with a certificate of
+the probate thereof, be recorded.
+
+Judge of Probate.
+
+
+CERTIFICATE OF PROOF OF WILL.
+
+State of _______,}
+ County of ______}
+
+In Probate Court.
+
+In the matter of the estate of _____, deceased:
+
+Be it remembered, that on the day of the date hereof, at a _____ term of
+said probate court, pursuant to notice duly given, the last will and
+testament of _____, late of said county of _____, deceased, bearing date
+the _____ day of_____, 18_____, and being the annexed written instrument,
+was duly proved before the probate court in and for the county of
+aforesaid; and was duly allowed and admitted to probate by said court
+according to law, as and for the last will and testament of said
+_________, deceased, which said last will and testament is recorded and
+the examination taken thereon filed in this office.
+
+In testimony whereof, the judge of the probate court of said county hath
+hereunto set his hand and affixed the seal of the said court, at _____ in
+said county, this _____ day of _________, A.D. 18_____
+
+Judge of Probate.
+
+
+LETTERS TESTAMENTARY.
+
+State of _______,}
+ County of ______}ss
+
+The State of _______, to all to whom these presents shall come or may
+concern, and especially to _______ of the county of _______ and state of
+_______, greeting:
+
+Know ye, that whereas, _______ late of the county of _______ and state of
+_______, lately died testate, and being at the time of his decease a
+_______ of said county, by means whereof the proving and recording his
+last will and testament, and granting administration of all and singular
+the goods, chattels, rights, credits and estate whereof he died possessed,
+and also the auditing, allowing and finally discharging the account
+thereof, is within the jurisdiction of the probate court of said county of
+_______.
+
+And whereas, on the _____ day of _______, A.D. 18_____, at _______ in said
+county, before the Hon. _______, probate judge of said county, the last
+will and testament of the said _______ (a copy whereof is hereunto
+annexed) was proved, allowed and admitted to probate: And, whereas,
+_______, executor named and appointed in and by said last will and
+testament, has given bond, as required by law, for the faithful execution
+of said trust, which said bond has been approved by said judge, and filed
+in the aforesaid probate court; we therefore, reposing full confidence in
+your integrity and ability, have granted and by these presents do grant
+the administration of all and singular the goods, chattels, rights,
+credits and estate of the said deceased, and any way concerning his said
+last will and testament, unto you, the said _______ executor aforesaid:
+Hereby authorizing and empowering you to take and have possession of all
+the real and personal estate of said deceased, and to receive the rents,
+issues and profits thereof, until said estate shall have been settled, or
+until delivered over by order of said court, to the heirs or devisees of
+said deceased; and to demand, collect, recover and receive all and
+singular, the debts, claims, demands, rights, and chooses in action, which
+to the said deceased while living and at the time of his death did belong;
+and requiring you to keep in good tenantable repair, all houses, buildings
+and fences on said real estate, which may and shall be under your control,
+and in accordance with your bond approved and filed as aforesaid, to make
+and return into the probate court of said county of _______ within three
+months, a true and perfect inventory of all the goods, chattels, rights,
+credits and estate of said deceased, which shall come to your possession
+or knowledge, or to the possession of any other person for you; to
+administer, according to law, and to said last will and testament, all the
+goods, chattels, rights, credits and estate of the said deceased, which
+shall at any time come to your possession or to the possession of any
+other person for you, and out of the same to pay and discharge all debts,
+legacies and charges chargeable on the same, or such dividends thereon as
+shall be ordered and decreed by said court; to render a just and true
+account of your administration to said court within one year, and at any
+other time when required by said court, and to perform all orders and
+decrees of said court, by you to be performed in the premises.
+
+In testimony whereof, we have caused the seal of our probate court to be
+hereunto affixed: Witness the Hon. _______, judge of probate, at _______,
+in said county, this _____ day of _______, A.D. 18_____.
+
+ Judge of Probate Court,   County of _______, _______.
+
+
+FORM OF WILL.
+
+I, (name of testator), of (residence), being of sound mind and memory, do
+hereby make, publish, and declare this to be my last will and testament,
+hereby revoking and making void all former wills by me at any time
+heretofore made.
+
+First.--I order and direct my executors, as soon after my death as
+possible, to pay off and discharge all debts and liabilities that may
+exist against me at the time of my decease.
+
+Second.--I give and bequeath unto my wife, (naming her, and specifying
+property bequeathed.)
+
+Third.--I give and bequeath unto my son, (naming him, and specifying
+property bequeathed.)
+
+And so on for each legacy.
+
+Fourth.--I hereby nominate and appoint (naming the person or persons) as
+the executors of this, my last will and testament.
+
+In witness whereof, I have hereunto subscribed my name, this day of
+_______, A.D. _______ Autograph signature of testator.
+
+The above and foregoing instrument was at the date thereof signed, sealed,
+published, and declared, by the said (name of testator), as and for his
+last will and testament, in presence of us, who, at his request, and in
+his presence, and in the presence of each other, have subscribed our names
+as witnesses.
+
+ Name _______,     Residence.   Name _______,     Residence.
+
+
+For citations, pupils should watch the newspapers and make clippings.
+
+
+_District Court_.
+
+HABEAS CORPUS.
+
+State of _______,}
+ County of ______}ss
+
+District Court, Judicial District.
+
+The State of ________ to
+
+You are hereby commanded to have the body of ________, by you imprisoned
+and detained, as it is said, together with the time and cause of such
+imprisonment and detention, by whatsoever name the said ________ shall be
+called or charged, before the Honorable ________, judge of the district
+court, ________ to do and receive what shall then and there be considered
+concerning the said ________. And have you then and there this writ.
+
+Witness the Honorable ________, judge of said district court, at ________
+in said county, this _____ day of ________, A.D. 18_____.
+
+________ Clerk.
+
+
+
+INDICTMENT.
+
+State of _______,}
+ County of ______}ss
+
+District Court, Judicial District.
+
+The State of ________ against ________, accused by the grand jury of the
+county of ________, in the state of ________, by this indictment of the
+crime of ________, committed as follows:
+
+The said ________, on the _____ day of ________, A.D. 18_____, at the city
+of ________, in the county of ________, and state of ________, did,
+without the authority of law, and with malice aforethought, ________,
+contrary to the form of the statute in such case made and provided, and
+against the peace and dignity of the state of ________.
+
+Dated at the city of ________, in the county of ________, and state of
+________, this _____ day of ________, A.D. 18_____.
+
+A.L.H., Foreman of the Grand Jury.
+
+Names of witnesses examined before the grand jury: B.F.H., R.D.H., A.F.B.,
+E.S., H.P.C., L.H.
+
+
+NATURALIZATION PAPERS.
+
+(_First Paper_.)
+
+State of _______,}
+ County of ______}ss
+
+I, ________, do solemnly declare on oath to ________, clerk of the
+district court of the county of ________, and state of ________, that it
+is bona fide my intention to become a citizen of the United States, and to
+renounce forever all allegiance and fidelity to any foreign prince,
+potentate, state or sovereignty whatever, and particularly to the
+sovereign of ________, whereof I was heretofore a citizen or subject.
+
+
+(Signed.)
+
+Subscribed and sworn to before me this _____ day of _______, A.D. 18__.
+
+Clerk of said Court.
+
+
+State of _______,}
+ County of ______}ss
+
+I hereby certify that the foregoing is a true copy of the original
+declaration of _______, this day filed in my office.
+
+In testimony whereof, I have hereunto subscribed my name and affixed the
+seal of the district court aforesaid, at _______, this ____ day of
+_______, A.D. 18__.
+
+Clerk.
+
+
+(Second Paper.)
+
+State of _______,}
+ County of ______}ss
+
+District Court, Judicial District.
+
+Be it remembered, that on this ____ day of _______, 18__, _______ appeared
+in the district court of the _____ judicial district of the State of
+_______, and for the county aforesaid, the said court being a court of
+record, having a common law jurisdiction and a clerk and seal, and applied
+to said court to be admitted to become a citizen of the United States of
+America, pursuant to the several acts of congress of the United States of
+America for that purpose made and provided; and the said applicant having
+thereupon produced to the court such evidence, declaration and
+renunciation, and having taken such oaths as are by the said acts required:
+Thereupon it was ordered by the said court that the said applicant be
+admitted, and he was accordingly admitted by the said court to be a
+citizen of the United States of America.
+
+In testimony whereof, I have hereunto subscribed my name and affixed the
+seal of the court aforesaid, this ____ day of _______, A.D. 18__.
+
+Clerk of said Court.
+
+
+SATISFACTION OF JUDGMENT.
+
+State of _______,}
+ County of ______}ss
+
+District Court, Judicial District.
+
+(_Title of Cause._)
+
+The judgment in the above entitled action, rendered in _______ county,
+_______, on the ____ day of _______, A.D. 18__, and duly docketed in the
+office of the clerk of the district court of said county, on the ____ day
+of _______, A.D. 18__, for $____ in favor of _______ against _______, is
+paid and satisfied in full; and the clerk of said court is hereby
+authorized to discharge said judgment of record.
+
+In testimony whereof, _______ has hereunto set _____ hand and seal this
+____ day of _______, A.D. 18__.
+
+Signed, sealed and delivered in presence of _______
+
+[Seal.] [Seal.] [Seal.]
+
+
+State of _______,}
+ County of ______}ss
+
+On this ____ day of _______, A.D. 18__, before me, the subscriber, a
+_______ in and for said county, personally appeared _______ to me known to
+be the person described in, and who executed the foregoing instrument, and
+acknowledged that he executed the same as _______ free act and deed.
+
+
+
+APPENDIX B.--TABLES.
+
+
+COMPARATIVE LEGISLATIVE TABLE OF THE STATES.
+
++====+================+=============================+================+
+|    |State           |Legislature                  |Senate          |
+|    |                +--------------+--------------+-------+-----+--|
+|    |                |Name          |Houses        |Number |Term/Age|
++====+================+==============+==============+=======+===+====+
+|1   |Alabama         |Leg.          |S. & R.[2]    |33     |4  |27  |
+|2   |Arkansas        |"             |S. & R.       |32     |4  |25  |
+|3   |California      |"             |S. & A.       |40     |4  |21  |
+|4   |Colorado        |"             |S. & R.       |26     |4  |25  |
+|5   |Connecticut     |Gen. A. [d]   |"             |24     |2  |21  |
+|6   |Delaware        |Leg.          |"             |9      |4  |27  |
+|7   |Florida         |"             |S. & A.       |32     |4  |21  |
+|8   |Georgia         |Gen. A.       |S. & R.       |44     |4  |25  |
+|9   |Idaho           |Leg.          |"             |48     |2  |21  |
+|10  |Illinois        |"             |"             |51     |4  |25  |
+|11  |Indiana         |"             |"             |50     |4  |25  |
+|12  |Iowa            |Gen. A.       |"             |50     |4  |25  |
+|13  |Kansas          |Leg.          |"             |40     |4  |21  |
+|14  |Kentucky        |"             |"             |38     |4  |30  |
+|15  |Louisiana       |Gen. A.       |"             |35     |4  |25  |
+|16  |Maine           |Leg.          |"             |31     |2  |25  |
+|17  |Maryland        |Gen. A.       |S. & D.[e]    |26     |4  |25  |
+|18  |Massachusetts   |Gen. Ct. [f]  |S. & R.       |40     |1  |21  |
+|19  |Michigan        |Leg.          |"             |32     |2  |21  |
+|20  |Minnesota       |"             |"             |63     |4  |21  |
+|21  |Mississippi     |"             |"             |40     |4  |25  |
+|22  |Missouri        |Gen. A.       |"             |34     |4  |30  |
+|23  |Montana         |Leg. A.       |"             |16     |4  |24  |
+|24  |Nebraska        |Leg.          |"             |33     |2  |21  |
+|25  |Nevada          |"             |S. & Ass.     |20     |4  |21  |
+|26  |New Hampshire   |Gen. Ct.      |S. & R.       |24     |2  |30  |
+|27  |New Jersey      |Leg.          |S. & Gen. A.  |21     |3  |30  |
+|28  |New York        |"             |S. & Ass.     |50     |2  |21  |
+|29  |North Carolina  |Gen. A.       |S. & R.       |50     |2  |25  |
+|30  |North Dakota    |Leg. A.       |"             |50[3]  |4  |25  |
+|31  |Ohio            |Gen. A.       |"             |37     |2  |30  |
+|32  |Oregon          |Leg. A.       |"             |30     |4  |21  |
+|33  |Pennsylvania    |Gen. A.       |"             |50     |4  |25  |
+|34  |Rhode Island    |"             |"             |36     |1  |21  |
+|35  |South Carolina  |"             |"             |35[h]  |4  |25  |
+|36  |South Dakota    |Leg.          |"             |45[3]  |2  |25  |
+|37  |Tennessee       |Gen. A.       |"             |33     |2  |30  |
+|38  |Texas           |Leg.          |"             |31     |4  |26  |
+|39  |Utah            |"             |"             |18     |4  |25  |
+|40  |Vermont         |Gen. A.       |"             |30     |2  |30  |
+|41  |Virginia        |"             |S. & D.[e]    |40     |4  |21  |
+|42  |Washington      |Leg.          |S. & R.       |35     |4  |21  |
+|43  |West Virginia   |"             |S. & D.       |24     |4  |21  |
+|44  |Wisconsin       |"             |S. & Ass.     |33     |4  |21  |
+|45  |Wyoming         |"             |S. & R.       |16     |4  |25  |
+|46  |Territories     |"             |Leg. C. & R.  |12     |2  |21  |
++====+================+==============+==============+=======+===+====+
+
+COMPARATIVE LEGISLATIVE TABLE OF THE STATES.
+
+[Transcriber's Note: Right-hand page, continuing previous table]
+
++===+===============+===============+======+========================+
+|   |House.         |Meeting.              | Salary                 |
++---+------+----+---+-----+---------+------+------------------------+
+|   |Number|Term|Age|Freq |Duration |Begins| Same for each House,   |
+|   |      |    |   |     |         |      | presiding Officer      |
+|   |      |    |   |     |         |      | usually double.        |
++===+======\====/===/=====+=========+=====/=========================+
+|1  |100    |2 |21 |B.    |50       |Nov. |$4 and 10c. mileage.[1]  |
+|2  |92     |2 |21 |B.    |60       |Jan. |$6 a day.                |
+|3  |80     |2 |21 |B.    |60       |"    |$8 and 10c. mileage,     |
+|   |       |  |   |      |         |     |and $25.                 |
+|4  |49     |2 |25 |B.    |90       |"    |$7 and 15.c mileage.     |
+|5  |249[a] |2 |21 |B.    |.....[b] |"    |$300 and mileage.        |
+|6  |20     |2 |24 |B.    |.....    |"    |$3 and mileage.          |
+|7  |76     |2 |21 |B.    |60       |"    |$6 and 10c. mileage.     |
+|8  |175    |2 |21 |A.    |50[c]    |Oct. |$4 and mileage.          |
+|9  |36     |2 |21 |B.    |60       |Jan. |$5 and 10c. mileage.     |
+|10 |153    |2 |21 |B.    |.....    |"    |$5 and 10c. mileage,     |
+|   |       |  |   |      |         |     |and $50.                 |
+|11 |100    |2 |21 |B.    |60       |"    |$6 and 20c. mileage.     |
+|12 |100    |2 |21 |B.    |.....    |"    |$500 per term and 10c.   |
+|   |       |  |   |      |         |     |mileage.                 |
+|13 |125    |2 |21 |B.    |50       |"    |$3 and 15c. mileage.[1]  |
+|14 |100    |2 |24 |B.    |60[c]    |Dec. |$5 and 15c. mileage.     |
+|15 |98     |4 |21 |B.    |60       |May. |$4 and mileage.          |
+|16 |151    |2 |21 |B.    |.....    |Jan. |$150 a year and 20c.     |
+|   |       |  |   |      |         |     |mileage.                 |
+|17 |91     |2 |21 |B.    |90       |"    |$5 and mileage.[1]       |
+|18 |240    |1 |21 |A.    |.....    |"    |$170 a year and 20c.     |
+|   |       |  |   |      |         |     |mileage.                 |
+|19 |100    |2 |21 |B.    |.....    |"    |$3 and 10c. mileage.[1]  |
+|20 |119    |2 |21 |B.    |90       |"    |$5 and 15c. mileage.     |
+|21 |120    |4 |21 |Q.[j] |.....    |"    |$400 per reg. sess. and  |
+|   |       |  |   |      |         |     |10c. mileage.            |
+|22 |140    |2 |24 |B.    |70       |"    |$5 and mileage, and $30. |
+|23 |55     |2 |21 |B.    |60       |"    |$6 and 20c. mileage.[1]  |
+|24 |100    |2 |21 |B.    |90       |"    |$5 and 10c. mileage.[1]  |
+|25 |40     |2 |21 |B.    |60       |"    |$7 and 40c. mileage.     |
+|26 |321    |2 |21 |B.    |.....    |"    |$200 per term.           |
+|27 |60     |1 |21 |A.    |.....    |"    |$500 a year.[1]          |
+|28 |150    |1 |21 |A.    |.....    |"    |$1500 and 10c.           |
+|   |       |  |   |      |         |     |mileage.[1]              |
+|29 |120    |2 |21 |B.    |60       |"    |$4 and 10c. mileage.[1]  |
+|30 |140[3] |2 |21 |B.    |60       |"    |$5 and 10c. mileage.[1]  |
+|31 |110    |2 |25 |B.    |.....    |"    |$600 and 10c. mileage.   |
+|32 |60     |2 |21 |B.    |40       |"    |$3 and 15c. mileage.[1]  |
+|33 |201    |2 |21 |B.    |.....    |"    |$1500 and 5c. mileage,   |
+|   |       |  |   |      |         |     |and $100.                |
+|34 |72[a]  |1 |21 |A.[g] |.....    |May. |$1 and 8c. mileage.[1]   |
+|35 |123    |2 |22 |A.    |.....    |Jan. |$4 and 10c. mileage.     |
+|36 |135[3] |2 |25 |B.    |.....    |"    |$5 and 10c. mileage.[1]  |
+|37 |99     |2 |21 |B.    |75       |"    |$4 and 16c. mileage.[1]  |
+|38 |106    |2 |21 |B.    |90       |"    |$5 and 20c. mileage.[1]  |
+|39 |45     |2 |25 |B.    |60       |"    |$4 and 10c. mileage.     |
+|40 |240    |2 |21 |B.    |.....    |Oct. |$3 a day.                |
+|41 |100    |2 |21 |B.    |90[c]    |Dec. |$540 a year.             |
+|42 |70     |2 |21 |B.    |60       |Jan. |$5 and 10c. mileage.[1]  |
+|43 |65     |2 |21 |B.    |45[c]    |"    |$4 and 10c. mileage.[1]  |
+|44 |100    |2 |21 |B.    |.....    |"    |$500 and 10c. mileage.[1]|
+|45 |33     |2 |21 |B.    |40       |"    |$5 and 15c. mileage.     |
+|46 |24     |2 |21 |B.    |60       |"[i] |$4 and 20c. mileage.     |
++===+=======+==+===+======+=========+=====+=========================+
+
+[Footnote a: "One from each town."]
+
+[Footnote b: No limitation.]
+
+[Footnote c: May be extended by special vote.]
+
+[Footnote d: General Assembly.]
+
+[Footnote e: House of Delegates.]
+
+[Footnote f: General Court.]
+
+[Footnote g: Two sess. annually, in May and Oct.]
+
+[Footnote h: "One for each county."--State Const.]
+
+[Footnote i: New Mexico in December.]
+
+[Footnote j: Quadrennially in general session, with sp. sess midway
+between.]
+
+[Footnote 1: State constitution.]
+
+[Footnote 2: Senate and house of representatives.]
+
+[Footnote 3: "Not more than."--Constitution.]
+
+
+COMPARATIVE EXECUTIVE TABLE OF THE STATES.
+
+[Transcriber's Note: These pages were modified slightly from their
+original form. The originals were printed lengthwise (landscape-style)
+across both pages to take maximum advantage of space. As this cannot be
+done in an ASCII medium, the table has had line numbers added to it like
+the Legislative Table above (which _was_ done in the original), and will
+be shown in continuing pieces.]
+
++===+===============+=============================================+
+|   |STATES.        |               GOVERNOR.                     |
+|   |               +----------------+------+----------+----------|
+|   |               |Qualifications. |Term. |Salary.   |Election. |
+|   |               |                |years.|          |          |
++===+===============+================+======+==========+==========+
+|1  |Alabama        |30,c,r7[a]      |2     |$3,000    |P[b]      |
+|2  |Arkansas       |30,c,r7         |2     | 3,500    |P         |
+|3  |California     |30,c,r2         |4     | 6,000    |P         |
+|4  |Colorado       |30,c,r2         |2     | 5,000    |P         |
+|5  |Connecticut    |30,voter        |2     | 4,000    |M[d]      |
+|6  |Delaware       |30,C12,c6[4][i] |4[h]  | 2,000[1] |P         |
+|7  |Florida        |C 9,c3          |4     | 3,500    |P         |
+|8  |Georgia        |30,C15,C6       |2     | 3,000[1] |M         |
+|9  |Idaho          |30,c,r2         |2     | 3,000    |P         |
+|10 |Illinois       |30,C5,c5        |4     | 6,000[1] |P         |
+|11 |Indiana        |30,C5,r5        |4[h]  | 5,000    |P         |
+|12 |Iowa           |30,C,r2         |2     | 3,000    |P         |
+|13 |Kansas         |............... |2     | 3,000    |P         |
+|14 |Kentucky       |35,C,r6         |4[h]  | 6,500[1] |P         |
+|15 |Louisiana      |C,r2            |4[h]  | 4,000    |P         |
+|16 |Maine          |30,C,r5[f]      |2     | 2,500    |M[d]      |
+|17 |Maryland       |30,c10,r5       |4     | 4,500[1] |P         |
+|18 |Massachusetts  |37,Christian    |1     | 8,000    |M[d]      |
+|19 |Michigan       |30,C5,r2        |2     | 4,000    |P         |
+|20 |Minnesota      |25,C,r1         |2     | 5,000    |P         |
+|21 |Mississippi    |30,C20,r2       |4     | 4,000[1] |P         |
+|22 |Missouri       |35,C10,r7       |4     | 5,000[1] |P         |
+|23 |Montana        |30,C,r2         |4     | 5,000    |P         |
+|24 |Nebraska       |30,C2,c2        |2     | 2,500    |P         |
+|25 |Nevada         |25,C,r2         |4     | 5,000    |P         |
+|26 |New Hampshire  |30,r7           |2     | 2,000    |M[d]      |
+|27 |New Jersey     |30,C20,r7       |3[h]  |10,000    |P         |
+|28 |New York       |30,C,r5         |2     |10,000[1] |P         |
+|29 |North Carolina |30,C5,r2        |4     | 3,000[1] |P         |
+|30 |North Dakota   |30,C,c,r5       |2     | 3,000    |P         |
+|31 |Ohio           |Voter           |2     | 8,000    |P         |
+|32 |Oregon         |30,C,r3         |4     | 1,500    |P         |
+|33 |Pennsylvania   |30,r7           |4     |10,000[1] |P         |
+|34 |Rhode Island   |Voter,c         |1     | 3,000    |M[d]      |
+|35 |South Carolina |30,C2,c,r2      |2     | 3,500[1] |P         |
+|36 |South Dakota   |30,c,c,r2       |2     | 2,500    |P         |
+|37 |Tennessee      |30,C,c7         |2     | 4,000    |P         |
+|38 |Texas          |30,C,r5         |2     | 4,000[1] |P         |
+|39 |Utah           |30,c,r5         |4     | 2,000    |P         |
+|40 |Vermont        |Voter           |2     | 1,500    |M         |
+|41 |Virginia       |30,c,r3         |4[h]  | 5,000[1] |P         |
+|42 |Washington     |C,c             |4     | 4,000    |P         |
+|43 |West Virginia  |Voter           |4     | 2,700    |P         |
+|44 |Wisconsin      |Voter           |2     | 5,000    |P         |
+|45 |Wyoming        |30,C,r5         |4     | 2,500    |P         |
+|46 |Territories    |Partisan        |4     | 2,600    |A[j]      |
++===+===============+================+======+==========+==========+
+
+COMPARATIVE EXECUTIVE TABLE OF THE STATES.
+
+[Transcriber's Notes: Next set of columns, continuing table.]
+
++===+===========================+==================================+
+|   |    Lieut. Gov.            |Usual Administrative Officers     |
++---+------------+--------------+-----------+----------+-----------+
+|   |Term and    |Succession to |Secretary  |State     |State      |
+|   |Salary      |Governorship  |of state   |Treasurer |Auditor or |
+|   |            |              |           |          |Comptroller|
++===+============+==============+===========+==========+===========+
+|1  |None        |P,S[3]        |2, 1800    |2, 2150   |2, 1800    |
+|2  |None        |P,S           |2, 1800    |2, 2250   |2, 2250    |
+|3  |4, 3000     |L,P           |4, 3000    |4, 3000   |4, 3000    |
+|4  |2, 1000     |L,P,S[e]      |2, 3000    |2, 3000   |2, 2000    |
+|5  |2,  500[2]  |L,P,S         |2, 1500    |2, 1500   |2, 1200    |
+|6  |None        |P,S           |4, 1000[j] |2, 1450   |4,  200    |
+|7  |4,  500     |L,P           |4, 1500    |4, 2000   |4, 1500    |
+|8  |None.       |P             |2, 2000    |2, 2000   |2, 2000    |
+|9  |2, $7.50/day|L,P,S         |2, 1800    |2, 1000   |2, 2000    |
+|10 |4, 1000     |L,P           |4, 3500    |2, 3500   |4, 3500    |
+|11 |4, $8/day[2]|L,P           |2, 2000    |2, 3500   |2, 2500    |
+|12 |2, 1100     |L,P,S         |2, 2200    |2, 2200   |   1500    |
+|13 |2, $6/day   |L,P,S         |2, 2000    |2, 2500   |2, 2500    |
+|14 |4,          |L,P,S         |4, 1500    |2, 2400   |4,  500    |
+|   |$10/day[2]  |              |           |          |           |
+|15 |4, $8/day   |L,P           |4, 1800    |4, 2000   |4, 3000    |
+|16 |None.       |P,S           |2, 1200    |2, 1600   |2, 1000    |
+|17 |None.       |P,S           |4, 2000    |2, 2500   |4, 3000    |
+|18 |1,  200     |L. Council    |1, 3000    |1, 5000   |1, 4000    |
+|19 |2, 1200     |L,P           |2, 2000    |2, 2000   |2, 3000    |
+|20 |2, $10/day  |L,P           |2, 3500    |2, 3500   |2, 3500    |
+|21 |4,  800[2]  |L,P,S         |4, 2500    |4, 2500   |4, 2500    |
+|22 |4, $5/day[2]|L,P,S         |4, 3000    |4, 3000   |.......    |
+|23 |4, $12/day  |L,P,S         |4, 3000    |4, 3000   |4, 3000    |
+|24 |2, $6/day   |L,P,S         |2, 2000    |2, 2500   |2, 2500    |
+|25 |Lib.        |L,P           |4, 3000    |4, 3000   |4, 3000    |
+|   |4, 2700     |              |           |          |           |
+|26 |None.       |P             |2,  800    |2, 1800   |.......    |
+|27 |None.       |P             |5, 6000    |3, 6000   |3, 6000    |
+|28 |3, 5000     |L,P           |2, 5000    |2, 5000   |2, 6000    |
+|29 |4, $8/day   |L,P           |4, 2000    |4, 3000   |4, 1500    |
+|30 |2, 1000     |L,Sec         |2, 2000    |2, 2000   |2, 2000    |
+|31 |2,  800     |L,P           |2, 3000    |2, 3000   |4, 3000    |
+|32 |Sec St.     |L,P           |4, 1500[g] |4,  800   |.......    |
+|   |ex-officio  |              |           |          |           |
+|33 |4, 3000     |L,P           |   4000[j] |2, 5000   |3, 3000    |
+|34 |1,  500     |L,P           |1, 3500    |1, 2500   |1, 1500    |
+|35 |2, 1000     |L,P           |2, 2100    |2, 2100   |2, 2100    |
+|36 |2, $10/day  |L,Sec         |2, 1800    |2, 1800   |2, 1800    |
+|37 |None.       |P,S           |4, 1800    |2, 2750   |2, 2750    |
+|38 |2, $5/day   |L,P           |   2000[j] |2, 2500   |2, 2500    |
+|39 |None.       |Sec,P         |4, 2000    |4, 1000   |4, 1500    |
+|40 |2, $6/day   |L             |2, 1700[j] |2, 1700   |2, 2000[j] |
+|41 |4,  900     |L             |2, 2000    |2, 2000   |2, 3000    |
+|42 |4, 1000     |L             |4, 2500    |4, 2000   |4, 2000    |
+|43 |None        |P,S           |4, 1000    |4, 1400   |4, 2000    |
+|44 |2, 1000     |L,Sec,S       |2, 5000    |2, 5000   |           |
+|45 |None        |Sec           |4, 2000    |4, 2000   |4, 2000    |
+|46 |.......     |.......       |4, 1800    |2, varies |2, varies  |
++===+============+==============+===========+==========+===========+
+
+COMPARATIVE EXECUTIVE TABLE OF THE STATES.
+
+[Transcriber's Notes: Next set of columns, continuing table.]
+
++===+===========================================+
+|   |    Usual Administrative Officers.         |
++---+-----------+----------------+--------------+
+|   |Attorney   |Supt. of Public |Railroad      |
+|   |General    |Instruction     |Commissioners |
++===+===========================================+
+|1  |2, 1500    |   2250[j]      |2, 3000[c]    |
+|2  |2, 1500    |2, 1600         |Gov., Sec.    |
+|3  |4, 3000    |4, 3000         |4, 4000       |
+|4  |2, 2000    |2, 3000         |..........    |
+|5  |2, 1200    |2, 3000         |2, 3000       |
+|6  |4,  200    |4, 1500         |..........    |
+|7  |4, 1500    |4, 1500         |..........    |
+|8  |2, 2000    |2, 2000         |2, 2500       |
+|9  |2, 2000    |2, 1500         |..........    |
+|10 |4, 3500    |4, 3500         |2, 3500       |
+|11 |2, 2500    |2, 2500         |..........    |
+|12 |   1500    |2, 2200         |3, 3000       |
+|13 |2, 2500    |2, 2000         |3, 3000       |
+|14 |4,  500    |4, 2400         |2, 2000       |
+|15 |4, 3000    |4, 2000         |..........    |
+|16 |2, 1000    |3, 1000         |3, 1000       |
+|17 |4, 3000    |2, 2500         |..........    |
+|18 |1, 4000    |1, 3400         |3, 3500       |
+|19 |2, 3000    |2, 2000         |2, $10/day    |
+|20 |2, 3500    |2, 2500[j]      |3, 3000       |
+|21 |4, 2500    |4, 2000         |3, 2500       |
+|22 |.......    |4, 3000         |6, 3000       |
+|23 |4, 3000    |4, 2500         |..........    |
+|24 |2, 2000    |2, 2000         |..........    |
+|25 |4, 3000    |4, 2400         |..........    |
+|26 |5, 2200    |2, 2500         |3, 2500       |
+|27 |5, 7000    |3, 3000         |..........    |
+|28 |2, 5000    |3, 5000         |3, 8000       |
+|29 |4, 2000    |4, 1500         |              |
+|30 |2, 2000    |2, 2000         |2, 2000       |
+|31 |2, 2000    |3, 2000         |2, 2000       |
+|32 |           |4, 1500         |..........    |
+|33 |   3500[j] |4, 2500         |..........    |
+|34 |1, 4500    |   3000[j]      |1,  500       |
+|35 |2, 2100    |2, 2100         |6, 3000       |
+|36 |2, 1000    |2, 1800         |..........    |
+|37 |6, 3000    |2, 1300         |              |
+|38 |2, 2000    |2, 2500         |2, 3000       |
+|39 |4, 1500    |4, 1500         |..........    |
+|40 |.......... |2, 1400         |2,  500[j]    |
+|41 |4, 2500    |4, 2500         |   3000       |
+|42 |4, 2000    |4, 2500         |..........    |
+|43 |4, 1300    |4, 1500         |..........    |
+|44 |2, 3000    |2, 3500         |2, 3000       |
+|45 |.......... |4, 2000         |..........    |
+|46 |.......... |2, varies       |..........    |
++===+===========+================+==============+
+
+[Footnote a: That is, 30 years old, a citizen of the state, and a resident
+thereof 7 years.]
+
+[Footnote b: Plurality or majority to elect.]
+
+[Footnote c: There are three railroad commissioners each in Ala., Cal.,
+Conn., Ga., Ill., Iowa, Kan., Ky., Me., Mass., Minn., Miss., Mo., N.D.,
+N.H., N.Y., S.C; one in other states.]
+
+[Footnote d: In case no one has a majority, election goes to legislature.]
+
+[Footnote e: That is, the order of succession is Lieutenant Governor,
+President of Senate, Speaker of House.]
+
+[Footnote f: Governor must be native citizen of U.S.]
+
+[Footnote g: In Oregon the Secretary of State is also ex-officio
+Lieutenant Governor, Auditor, and one of the Land Commissioners.]
+
+[Footnote h: Ineligible for succeeding term.]
+
+[Footnote i: In Delaware, North Carolina, Ohio, and Rhode Island the
+Governor has no veto.]
+
+[Footnote j: Appointed.]
+
+[Footnote 1: In these thirteen states the Governor also has the use of the
+"Executive Mansion" of the state.]
+
+[Footnote 2: In these states the Lieutenant Governor may debate in
+"committee of the whole."]
+
+[Footnote 3: That is, the order of succession is President of Senate,
+Speaker of House.]
+
+[Footnote 4: Thirty years old; citizen of the United States, 12; and of
+the state, 6 years. In Me., Mass., N.H., and Vt. the Governor is assisted
+by an executive council of 7, 8, 12, and 5 members respectively.]
+
+
+COMPARATIVE JUDICIAL TABLE OF THE STATES.
+
+[Transcriber's Note: This table is formatted in the same way as the
+Executive and Legislative Tables above it. See notes above for details. In
+addition, places where the scanned text is illegible are marked with a
+"*".]
+
++=====+=================+=========================================+
+|     |                 |             Supreme Court               |
+|     |                 +----------+----------+-----------+-------+
+|     |                 |          |Chief     |           |       |
+|     |States.          |Members   |Justice   |Election   |Term   |
++=====+=================+==========+==========+===========+=======+
+|1    |Alabama          |3         |A         |P'ple      |6      |
+|2    |Arkansas         |3         |A         |P          |8      |
+|3    |California       |7         |C         |P          |12     |
+|4    |Colorado         |3         |C         |P          |9      |
+|5    |Connecticut      |5         |A         |Leg.       |8      |
+|6    |Delaware         |5         |A         |Gov.       |Life   |
+|7    |Florida          |3         |A         |Gov.       |Life   |
+|8    |Georgia          |3         |A         |Leg.       |12     |
+|9    |Idaho            |3         |C         |P          |6      |
+|10   |Illinois         |7         |B         |P          |9      |
+|11   |Indiana          |5         |B         |P          |6      |
+|12   |Iowa             |5         |C         |P          |6      |
+|13   |Kansas           |3         |A         |P          |6      |
+|14   |Kentucky         |4         |C         |P          |6      |
+|15   |Louisiana        |5         |A         |Gov.       |12     |
+|16   |Maine            |8         |A         |Gov.       |7      |
+|17   |Maryland         |9         |A         |P          |15     |
+|18   |Massachusetts    |7         |A         |Gov.       |Life   |
+|19   |Michigan         |5         |A         |P          |10     |
+|20   |Minnesota        |5         |A         |P          |6      |
+|21   |Mississippi      |3         |A         |Gov.       |9      |
+|22   |Missouri         |5         |A         |P          |10     |
+|23   |Montana          |3         |A         |P          |6      |
+|24   |Nebraska         |3         |C         |P          |6      |
+|25   |Nevada           |3         |A         |P          |6      |
+|26   |New Hampshire    |7         |A         |Gov.       |till 70|
+|27   |New Jersey       |9         |A         |Gov.       |7      |
+|28   |New York         |7         |A         |P          |14     |
+|29   |North Carolina   |3         |A         |P          |8      |
+|30   |North Dakota     |3         |C         |P          |6      |
+|31   |Ohio             |*         |A         |P          |5      |
+|32   |Oregon           |4         |C         |P          |6      |
+|33   |Pennsylvania     |7         |C         |P          |21     |
+|34   |Rhode Island     |6         |A         |Leg.       |Life   |
+|35   |South Carolina   |3         |A         |Leg.       |6      |
+|36   |South Dakota     |3         |B         |P          |6      |
+|37   |Tennessee        |5         |A         |P          |8      |
+|38   |Texas            |3         |A         |P          |6      |
+|39   |Utah             |3         |C         |P          |6      |
+|40   |Vermont          |*         |*         |Leg.       |2      |
+|41   |Virginia         |*         |B         |Leg.       |12     |
+|42   |Washington       |3         |C         |P          |6      |
+|43   |West Virginia    |4         |A         |P          |12     |
+|44   |Wyoming          |3         |C         |P          |8      |
+|45   |Territories      |3-6       |A         |Pres.      |4      |
++=====+=================+==========+==========+===========+=======+
+
+COMPARATIVE JUDICIAL TABLE OF THE STATES.
+
+[Transcriber's Notes: Next set of columns, continuing table.]
+
++====+=================================+===========================+
+|    |        Supreme Court            |        Circuit Court      |
+|    +----------+---------+------------+---------+----------+------+
+|    |          |         |Qualifi-    |Juris-   |          |      |
+|    |Meetings  |Salary   |cations     |diction  |Election  |Term  |
++====+==========+=========+============+=========+==========+======+
+|1   |1         |$ 3600   |25          |L        |P         |6     |
+|2   |2         |  3000   |30,C,r2,L8  |L        |P         |4     |
+|3   |[3]       |  6000   |..........  |LE       |P         |6     |
+|4   |2         |  5000   |30,C,r2,LL  |LE       |P         |6     |
+|5   |6[1]      |{ 4500   |..........  |LE       |........  |8     |
+|    |          |{ 4000   |            |         |          |      |
+|6   |2         |{ 2500   |..........  |   Held by S.C. Judges.    |
+|    |          |{ 2200   |            |         |          |      |
+|7   |3         |  3000   |..........  |LE       |Gov.      |6     |
+|8   |2         |  3000   |30,c3,L7    |LE       |P         |4     |
+|9   |4         |  3000   |30,C,r2     |LE       |P         |4     |
+|10  |6[1]      |  5000   |30,C,r5     |LE       |P         |4     |
+|11  |2         |  5000   |..........  |LE       |P         |6     |
+|12  |4         |  4000   |..........  |LE       |P         |4     |
+|13  |11        |  3000   |..........  |LE       |P         |4     |
+|14  |2         |  4000   |30,C,r2,L8  |LE       |P         |6     |
+|15  |4         |  5000   |..........  |L        |P         |4     |
+|16  |3         |  3000   |..........  |   By Judges Supreme Ct.   |
+|17  |[3]       |  3500   |30,c5,LL    |LE       |P         |15    |
+|18  |[3]       |  3000   |..........  |L        |Gov.      |Lf.   |
+|19  |4         |  5000   |..........  |LE       |P         |6     |
+|20  |2         |  5000   |..........  |LE       |P         |6     |
+|21  |2         |  3500   |30,c2       |L        |Gov.      |6     |
+|22  |2         |  4500   |30,C,c5,LL  |LE       |P         |6     |
+|23  |3         |  4000   |30,C,r2,LL  |LE       |P         |4     |
+|24  |2         |  2500   |30,C,r3     |LE       |P         |4     |
+|25  |4         |{ 7000   |..........  |LE       |P         |      |
+|    |          |{ 6000   |            |         |          |      |
+|26  |2         |{ 3500   |..........  | Held by Judges of Sup. Ct.|
+|    |          |{ 3300   |            |         |          |      |
+|27  |3         |{10000   |..........  |L        |Leg       |5     |
+|    |          |{ 9000   |            |         |          |      |
+|28  |2         | 12500   |            | Held by Judges of Sup. Ct.|
+|29  |2         |  2500   |            |         |          |      |
+|30  |3         |        |30,C,r3,LL  |LE       |P         |4     |
+|31  |1         |  5000   |            |         |P         |5     |
+|32  |2         |  2000   |            |LE       |P         |6     |
+|33  |3         |{ 8*00   |            |L        |P         |10    |
+|    |          |{        |            |         |          |      |
+|34  |*         |{ **00   |            | Held by Judges of Sup. Ct.|
+|    |          |{ *000   |            |         |          |      |
+|35  |2         |{ 4000   |30,C,r5     |L        |Leg       |4     |
+|    |          |{ 3500   |            |         |          |      |
+|36  |2         |  2500   |30,C,r2,LL  |LE       |P         |4     |
+|37  |3         |  4000   |30,r5       |L        |P         |8     |
+|38  |3         |  3500   |30,C,c,L7   |LE       |P         |4     |
+|39  |3         |  3000   |30,LL,r5    |L        |P         |4     |
+|40  |          |  3000   |            | Held by Judges of Sup. Ct.|
+|41  |3         |{ 3*50   |            |LE       |Leg       |8     |
+|    |          |{ *000   |            |         |          |      |
+|42  |[3]       |  4000   |            |[1]LE    |P         |4     |
+|43  |3         |  2250   |            |LE       |P         |8     |
+|44  |2         |         |30,C,r3,L9  |LE       |P         |6     |
+|45  |          |  3000   |            |LE       |Judges of S.C.   |
++====+==========+=========+============+=========+==========+======+
+
+COMPARATIVE JUDICIAL TABLE OF THE STATES.
+
+[Transcriber's Notes: Next set of columns, continuing table.]
+
++===+=========================+======================+===============+
+|   |     Probate Court       |   Justice Court      | Remarks       |
+|   +---------+---------+-----+--------+-------+-----+---------------+
+|   |Juris-   |Election |Term |Juris-  |Number |Term |(Municipal and |
+|   |diction  |         |     |diction |       |     |Special courts |
+|   |         |         |     |        |       |     |  not given)   |
++===+=========+=========+=====+========+=======+=====+===============+
+|1  |Pr.[2]   |P'ple    |6    |$100    |2      |.... |Chancery.      |
+|2  |Pr.[2]   |P        |2    | 100    |2      |2    |Com. Pleas.    |
+|3  |Pr.[2]L  |P        |4    | 300    |2      |2    |Naturalization |
+|4  |Pr.[2]C  |P        |3    | 300    |...... |2    | in County     |
+|   |         |         |     |        |       |     | Court         |
+|5  |........ |.....    |.... | 100    |...... |.... |Common Pleas,  |
+|   |         |         |     |        |       |     | less than $500|
+|6  | Held by the Chancellor  | 100    |...... |.... |Chancery.      |
+|7  |Pr. & L  |Gov.     |4    | 100    |Gov.   |4    |               |
+|8  |Pr.[2]   |P        |4    | 100    |P      |4    |Superior Ct.   |
+|   |         |         |     |        |       |     | between. C.   |
+|   |         |         |     |        |       |     | and S.C.      |
+|9  |Pr.[2]   |P        |.... | 300    |...... |.... |               |
+|10 |Pr.[2]   |P        |4    | 200    |...... |4    |Appellate      |
+|   |         |         |     |        |       |     | Courts        |
+|11 |    In Circuit Court     | 200    |...... |4    | compos'd of   |
+|   |         |         |     |        |       |     | Circuit Judges|
+|12 |    In Circuit Court     | 100    |...... |.... |By consent of  |
+|   |         |         |     |        |       |     | parties, $300.|
+|13 |Pr.[2]   |P        |2    | 300    |2      |2    |               |
+|14 |Pr.[2]   |P        |4    |  50    |2      |4    |               |
+|15 |Pr. $500 |.....    |.... | 100    |...... |2    |No equity      |
+|   |         |         |     |        |       |     | proceedings in|
+|   |         |         |     |        |       |     | La.           |
+|16 |Pr.[2]L  |.....    |.... |  50    |...... |.... |Probate Court  |
+|17 |Pr.      |P        |6    | 100    |Gov.   |2    | also Court of |
+|   |         |         |     |        |       |     | Insolvency.   |
+|18 |Pr.[2]L  |Gov.     |Lf.  | 300    |Gov.   |7    |Probate Court  |
+|19 |P.       |P        |4    | 300    |4      |4    | also Court of |
+|   |         |         |     |        |       |     | Insolvency.   |
+|20 |Pr.[2]   |P        |2    | 100    |2      |2    |               |
+|21 | In Chancery Court       | 150    |[4]    |2    |Chancery.      |
+|22 |Pr.      |P        |.... | 150    |[5]    |.... |               |
+|23 |........ |.....    |.... | 300    |2      |.... |               |
+|24 |Pr.[2]L  |P        |2    | 100    |2      |2    |               |
+|25 |         |         |     | 300    |       |     |               |
+|26 |Pr.      |         |     | 100    |       |     |               |
+|27 |         |         |     | 100    |       |     |Chancellor,    |
+|   |         |         |     |        |       |     | $10,000.      |
+|28 |Pr.      |P        |     | 200    |       |     |Probate Court  |
+|   |         |         |     |        |       |     | called        |
+|   |         |         |     |        |       |     | "Surrogate"   |
+|29 |Clk Superior Ct acts as  | 200    |       |     |Cir. Ct called |
+|   |   Probate Judge         |        |       |     | "Superior Ct."|
+|30 |Pr.[2]L  |         |     | 200    |       |     |               |
+|31 |Pr.[2]   |P        |3    | 100    |       |3    |There is a     |
+|   |         |         |     |        |       |     | Court of      |
+|32 |Pr.[2]   |P        |4    | 250    |       |     | Common Pleas  |
+|33 |Pr.[2]   |P        |     | 100    |2      |     |Prob. Ct called|
+|34 |Town Councils are Prb Cts| 100    |       |     | "Orphan's Ct."|
+|35 |Pr.[2]   |P        |2    | 100    |[4]    |     |               |
+|36 |Pr.[2]L  |P        |2    | 100    |       |2    |               |
+|37 |Pr.      |         |     | 100    |2      |     |               |
+|38 |Pr.[2]   |P        |2    | 200    |1      |6    |Just. of Peace |
+|   |         |         |     |        |       |     | are County    |
+|   |         |         |     |        |       |     | Com'rs and    |
+|   |         |         |     |        |       |     | Prob. Ct.     |
+|39 |    District Judges      |        |       |2    |Ct of Appeals  |
+|   |         |         |     |        |       |     | below S.C.    |
+|40 |Pr.[2]L  |         |2    | 200    |       |2    |Chancery Court |
+|   |         |         |     |        |       |     | by Judges of  |
+|   |         |         |     |        |       |     | S.C.          |
+|41 |Pr.[2]   |Leg      |6    | 100    |       |     |               |
+|42 |         |         |     |        |       |     |               |
+|43 |Pr.[2]   |P        |4    | 100    |2      |4    |Two J.P.s      |
+|   |         |         |     |        |       |     | associated    |
+|   |         |         |     |        |       |     | with Pr. J in |
+|   |         |         |     |        |       |     | holding court |
+|44 |         |         |     | 200    |[5]    |     |               |
+|45 |Pr.[2]   |         |     | 100    |       |     |               |
++===+=========+=========+=====+========+=======+=====+===============+
+
+The three modes of selecting the Chief Justice are by electing or
+appointing one as such, by leaving the judges themselves to determine
+which shall act, or by a provision making the one whose term expires first
+act. These modes are indicated in the table by A, B, and C, respectively.
+In the salary column, where two numbers appear, the upper is the salary of
+the Chief Justice. In giving jurisdiction of Circuit courts, L means law
+only, LE means jurisdiction in both law and equity, 30, C, c, L7 means 30
+years old, a citizen of the US and of the state, and seven years legal
+practice. LL means "learned in the law".
+
+In Me, Mass, N.H., and S.D., the Supreme Court is required to give legal
+advice to the Governor.
+
+[Footnote 1: Called Superior Court, at least one in each county. This
+court also exercises the Probate powers.]
+
+[Footnote 2: Probate Court given some other duty, unrelated to its regular
+function. L means that it has also certain civil jurisdiction.]
+
+[Footnote 3: Continuous.]
+
+[Footnote 4: Competent number.]
+
+[Footnote 5: As many as are needed.]
+
+
+COMPARATIVE SUFFRAGE TABLE.
+
+[Transcriber's Note: This table crosses facing pages of the book
+("Portrait" orientation). Thus, reference numbers are used as in the
+tables above to refer to the states the information belongs to.]
+
++===+===============+====+=====================+==========+==========+
+|   |States         |Age |Requirement As To    |Residence |Residence |
+|   |               |    |Citizenship of U.S.  |In State  |In County |
++===+===============+====+=====================+==========+==========+
+|1  |Alabama        |21  |Citizens or declared |1 year    |3 months  |
+|   |               |    | intention           |          |          |
+|2  |Arkansas       |21  |Citizens or declared |1 year    |6 months  |
+|   |               |    | intention           |          |          |
+|3  |California     |21  |Actual citizens      |1 year    |90 days   |
+|4  |Colorado       |21  |Citizens or declared |6 months  |          |
+|   |               |    | intention           |          |          |
+|5  |Connecticut    |21  |Actual citizens      |1 year    |6 months  |
+|6  |Delaware       |21  |Actual county        |1 year    |1 month   |
+|   |               |    | taxpayers           |          |          |
+|7  |Florida        |21  |United States        |1 year    |6 months  |
+|   |               |    | citizens or         |          |          |
+|   |               |    | declared intention  |          |          |
+|8  |Georgia        |21  |Actual citizens      |1 year    |6 months  |
+|9  |Idaho          |21  |Actual citizens      |6 months  |30 days   |
+|10 |Illinois       |21  |Actual citizens      |1 year    |90 days   |
+|11 |Indiana        |21  |Citizens or declared |6 months  |60 days   |
+|   |               |    | intention           |          |          |
+|12 |Iowa           |21  |Actual citizens      |6 months  |60 days   |
+|13 |Kansas         |21  |Citizens or declared |6 months  |          |
+|   |               |    | intention           |          |          |
+|14 |Kentucky       |21  |Free white male      |2 years   |1 year    |
+|   |               |    | citizens            |          |          |
+|15 |Louisiana      |21  |Citizens or declared |1 year    |6 months  |
+|   |               |    | intention           |          |          |
+|16 |Maine          |21  |Actual citizens      |3 months  |          |
+|17 |Maryland       |21  |Actual citizens      |1 year    |6 months  |
+|18 |Massachusetts  |21  |Actual citizens      |1 year    |          |
+|19 |Michigan       |21  |Citizens or declared |3 months  |          |
+|   |               |    | intention           |          |          |
+|20 |Minnesota      |21  |Actual citizens for  |1 year    |          |
+|   |               |    | 3 months            |          |          |
+|21 |Mississippi    |21  |Actual citizens      |6 months  |1 month   |
+|22 |Missouri       |21  |Citizens or declared |1 year    |60 days   |
+|   |               |    | intention           |          |          |
+|23 |Montana        |21  |Actual citizens      |1 year    |          |
+|24 |Nebraska       |21  |Citizens or declared |6 months  |          |
+|   |               |    | intention           |          |          |
+|25 |Nevada         |21  |Citizens or declared |6 months  |30 days   |
+|   |               |    | intention           |          |          |
+|26 |New Hampshire  |21  |Actual citizens      |          |          |
+|27 |New Jersey     |21  |Actual citizens      |1 year    |5 months  |
+|28 |New York       |21  |Actual citizens for  |1 year    |4 months  |
+|   |               |    | 90 days             |          |          |
+|29 |North Carolina |21  |Actual citizens      |12 months |90 days   |
+|30 |North Dakota   |21  |Cit or dec intent or |1 year    |6 months  |
+|   |               |    | Indians 2 yrs out   |          |          |
+|   |               |    | of tribal relations |          |          |
+|31 |Ohio           |21  |Actual citizens      |1 year    |          |
+|32 |Oregon         |21  |Citizens or declared |6 months  |          |
+|   |               |    | intention           |          |          |
+|33 |Pennsylvania   |21  |Actual citizens      |1 year    |          |
+|34 |Rhode Island   |21  |Actual tax paying    |1 year    |          |
+|   |               |    | citizens            |          |          |
+|35 |South Carolina |21  |Actual citizens      |1 year    |          |
+|36 |South Dakota   |21  |Citizens or declared |6 months  |60 days   |
+|   |               |    | intention           |          |          |
+|37 |Tennessee      |21  |Actual citizens      |12 months |30 days   |
+|38 |Texas          |21  |Citizens or declared |1 year    |6 months  |
+|   |               |    | intention           |          |          |
+|39 |Utah           |21  |Actual citizens for  |1 year    |4 months  |
+|   |               |    | 90 days             |          |          |
+|40 |Vermont        |21  |Actual citizens      |1 year    |          |
+|41 |Virginia       |21  |Actual citizens      |12 months |          |
+|42 |Washington     |21  |Actual citizens      |1 year    |90 days   |
+|43 |West Virginia  |21  |Actual citizens      |1 year    |60 days   |
+|44 |Wisconsin      |21  |Citizens or declared |1 year    |          |
+|   |               |    | intention           |          |          |
+|45 |Wyoming        |21  |Actual citizens      |1 year    |60 days   |
++===+===============+====+=====================+==========+==========+
+
+COMPARATIVE SUFFRAGE TABLE.
+
+[Transcriber's Notes: Next set of columns, continuing table.]
+
++===+==========+=========================+===========================+
+|   |Residence |Registration             |Excluded From Voting       |
+|   |In Voting |                         |                           |
+|   |Precinct  |                         |                           |
++===+==========+=========================+===========================+
+|1  |1 month   |Legislature may regulate |Idiots Indians convicted of|
+|   |          |                         | crime                     |
+|2  |1 month   |Prohibited as a bar to   |Idiots Indians convicted of|
+|   |          | suffrage                | crime                     |
+|3  |30 days   |Registration required by |Idiots Indians convicts    |
+|   |          | law                     | Chinese                   |
+|4  |          |Required by constitution |Persons in prison          |
+|5  |6 months  |Required by law          |Those unable to read and   |
+|   |          |                         | convicts                  |
+|6  |          |No registration required |Idiots insane paupers      |
+|   |          |                         | criminals                 |
+|7  |          |Required by constitution |Idiots insane criminals    |
+|   |          |                         | bettors on elections      |
+|   |          |                         | duelists                  |
+|8  |          |Leg may regulate no act  |Idiots insane criminals    |
+|   |          |                         | non-taxpayers             |
+|9  |          |Required by constitution |Idiots criminals           |
+|   |          |                         | polygamists               |
+|10 |30 days   |Required by law          |Convicts                   |
+|11 |30 days   |No law for registration  |Fraudulent voters and      |
+|   |          |                         | bribers                   |
+|12 |          |Required by law          |Idiots insane criminals    |
+|13 |30 days   |Required in cities only  |Idiots insane convicts     |
+|14 |60 days   |No registration required |Bribery robbery forgery &c |
+|15 |30 days   |Legislature my regulate  |Idiots insane criminals    |
+|16 |          |Required by law          |Paupers Indians not taxed  |
+|17 |          |Required by constitution |Lunatics convicts, and     |
+|   |          |                         | guilty of bribery         |
+|18 |6 months  |Required by law          |Paupers persons under      |
+|   |          |                         | guardians non-taxpayers   |
+|   |          |                         | and men unable to read    |
+|   |          |                         | and write                 |
+|19 |10 days   |Required by law          |Duelists                   |
+|20 |10 days   |Required by law          |Idiots insane convicts     |
+|21 |          |Required by constitution |Idiots insane criminals    |
+|22 |          |Required by constitution |Inmates of asylums,        |
+|   |          | in cities only          | poorhouses, and prisons,  |
+|   |          |                         | US army                   |
+|23 |          |Leg may require          |Insane                     |
+|24 |          |Required by law          |Idiots convicts US army    |
+|25 |          |Required by constitution |Idiots insane convicts     |
+|26 |Town 6 ms |Required by law          |Paupers                    |
+|27 |          |Required in cities of    |Paupers idiots insane      |
+|   |          | 10,000                  | convicts                  |
+|28 |30 days   |Required in cities of    |Election bettors or bribers|
+|   |          | 10,000                  | convicts                  |
+|29 |          |Required by constitution |Convicts                   |
+|30 |90 days   |                         |Convicts, insane           |
+|31 |          |No registration required |Idiots insane              |
+|32 |          |                         |Idiots insane convicts US  |
+|   |          |                         | army Chinese              |
+|33 |2 months  |Required by constitution |Non-taxpayers political    |
+|   |          |                         | bribers                   |
+|34 |Town 6 ms |Required by law          |Persons without property to|
+|   |          |                         | the value of $134         |
+|35 |          |Required by constitution |Insane inmates of asylums  |
+|   |          |                         | almshouses prisons, US    |
+|   |          |                         | army, duelists            |
+|36 |10 days   |                         |Convicts insane            |
+|37 |          |No registration required |Non-payers of poll tax     |
+|38 |6 months  |Prohibited by            |Lunatics, idiots, paupers, |
+|   |          | constitution            | convicts, US army         |
+|39 |60 days   |                         |Idiots criminals           |
+|40 |Town 3 ms |Required by law          |Bribers                    |
+|41 |          |Required by law          |Lunatics idiots convicts,  |
+|   |          |                         | duelists, US army         |
+|42 |30 days   |Required by law          |Convicts, insane           |
+|43 |          |Prohibited by            |Lunatics paupers convicts  |
+|   |          | constitution            |                           |
+|44 |          |Required by law          |Insane idiot convict briber|
+|   |          |                         | bettor, duelist           |
+|45 |          |Required by constitution |Idiots insane criminals    |
++===+==========+=========================+===========================+
+
+
+COMPARATIVE LEGISLATIVE TABLE OF PRINCIPAL CONSTITUTIONAL GOVERNMENTS.
+
+[Transcriber's Note: This table crosses facing pages of the book
+("Portrait" orientation). Thus, reference numbers are used as in the
+tables above to refer to the nations the information belongs to.]
+
++===+==============+==========+======================================+
+|   |              |          |          Both Houses                 |
+|   |              |          +-------------+-----------------+------+
+|   |Names of      |Kind of   |Name applied |Names of the     |Mtgs. |
+|   |  Nations.    | Gov't.   | to the      | Houses.         |      |
+|   |              |          | Legislative |                 |      |
+|   |              |          | Body.       |                 |      |
++===+==============+==========+=============+=================+======+
+|1  |Austria-      |F.H.M.    |Delegations. |Upper,           |A     |
+|   | Hungary      |          |             | Lower           |      |
+|2  |Austria       |S.H.M.    |Diet or      |Herrenhaus,      |A     |
+|   |              |          | Reichsrath. | Abgeordnetenhaus|      |
+|3  |Hungary       |S.H.M.    |Diet or      |Magnates,        |A     |
+|   |              |          | Reichstag.  | Representatives.|      |
+|4  |Belgium       |S.H.M.    |Legislative  |Senate,          |A     |
+|   |              |          | Chambers.   | Deputies.       |      |
+|5  |Denmark       |S.H.M.    |Diet or      |Landsthing,      |A     |
+|   |              |          | Rigsdag.    | Folkething.     |      |
+|6  |France        |S.R.      |Assembly.    |Senate,          |A     |
+|   |              |          |             | Deputies.       |      |
+|7  |Germany       |F.H.M.    |............ |Bundesrath,      |A     |
+|   |              |          |             | Reichstag.      |      |
+|8  |Prussia       |S.H.M.    |Legislative  |Herrenhaus,      |A     |
+|   |              |          | Chambers.   | Abgeordnetenhaus|      |
+|9  |Great Britain |F.H.M.    |Parliament.  |Lords,           |A     |
+|   |              |          |             | Commons.        |      |
+|10 |Italy         |S.H.M.    |Legislative  |Senate,          |A     |
+|   |              |          | Chambers.   | Deputati.       |      |
+|11 |Netherlands   |S.H.M.    |States-      |Upper,           |A     |
+|   |              |          | General.    | Lower.          |      |
+|12 |Spain         |S.H.M.    |Cortex.      |Senate,          |A     |
+|   |              |          |             | Congress.       |      |
+|13 |Sweden        |S.H.M.[3] |Diet.        |Upper,           |A     |
+|   |              |          |             | Lower.          |      |
+|14 |Norway        |S.H.M.    |Storthing.   |Lagthing,        |A     |
+|   |              |          |             | Odolsthing.     |      |
+|15 |Switzerland   |F.R.      |Bundes-      |Standerath,      |A     |
+|   |              |          | Versammlung.| Nationalrath.   |      |
+|16 |Argentina     |F.R.      |Congress.    |Senate,          |A     |
+|   |              |          |             | Deputies        |      |
+|17 |Columbia      |F.R.      |Congress.    |Senate,          |A     |
+|   |              |          |             | H. of R.        |      |
+|18 |Mexico        |F.R.      |Congress.    |Senate,          |A     |
+|   |              |          |             | H. of R.        |      |
+|19 |Brazil        |F.R.      |Legislative  |Senate,          |A     |
+|   |              |          | Assembly.   | Congress.       |      |
++===+==============+==========+=============+=================+======+
+
+COMPARATIVE LEGISLATIVE TABLE OF PRINCIPAL CONSTITUTIONAL GOVERNMENTS.
+
+[Transcriber's Notes: Next set of columns, continuing table.]
+
++===+=================================================+
+|   |             Upper House                         |
+|   +---------------+-----------+-----+---------------+
+|   |How Composed.  |Election   |Term |Qualifications |
++===+===============+===========+=====+===============+
+|1  |20 Austrians,  |State Leg. |     |               |
+|   |20 Hungarians  |           |     |               |
+|2  {Royal Princes, |           |life |               |
+|   { Nobles,       |           |     |               |
+|3  { Archbishops,  |           |life |               |
+|   { Appointees    |           |     |               |
+|4  |68             |People     |8    |40,c,r,P       |
+|5  |66             |{12 ap,    |8    |25,r           |
+|   |               |{54 el     |     |               |
+|6  |300            |{75 for    |life |40,c           |
+|   |               |{225 for   |9    |               |
+|7  |59             |States     |1    |               |
+|8  |Royal Princes, |Sovereign  |life |               |
+|   | Hered Nobles, |           |     |               |
+|   | Appointees, &c|           |     |               |
+|9  |Hered Nobles,  |Sovereign  |life |               |
+|   | Bishops, Life |           |     |               |
+|   | Peers, etc.   |           |     |               |
+|10 |Royal Princes, |Sovereign  |life |               |
+|   | Appointees    |           |     |40[2]          |
+|11 |39             |By         |2    |               |
+|   |               | Divisions |     |               |
+|12 |Hered Nobles,  |Sovereign  |     |               |
+|   | 100 Life Sen  |           |     |               |
+|   | 130 elected by|States     |10   |               |
+|13 |137, one for   |           |9    |35,P           |
+|   | 30,000        |           |     |               |
+|14 |One-fourth of  |People     |3    |               |
+|   | Storthing     | indirectly|     |               |
+|15 |44, 2 from     |By cantons |3    |Voter          |
+|   | each canton   |           |     |               |
+|16 |28, 2 from     |By         |     |               |
+|   | each province | provinces |     |               |
+|17 |27, 3 from     |By the     |     |               |
+|   | each state    | states    |     |               |
+|18 |54, 2 from     |State Leg. |6    |30             |
+|   | each state    |           |     |               |
+|19 |58             |People     |     |40,N,P         |
+|   |               | indirectly|     |               |
++===+===============+===========+=====+===============+
+
+COMPARATIVE LEGISLATIVE TABLE OF PRINCIPAL CONSTITUTIONAL GOVERNMENTS.
+
+[Transcriber's Notes: Next set of columns, continuing table.]
+
++===+==============+===========+=====+===============+==========+
+|   |                 Lower House                    |          |
+|   +--------------+-----------+-----+---------------+          |
+|   |How Composed. |Election   |Term |Qualifications |Salaries  |
++===+==============+===========+=====+===============+==========+
+|1  |40 Austrians, |State Leg. |     |               |          |
+|   |40 Hungarians |           |     |               |          |
+|2  |353           |People     |6    |               |$1780, yr |
+|3  |445           |"          |3    |               |          |
+|4  |136, one for  |"          |4    |25,c,r         |$84, m h  |
+|   | 40,000 inh   |           |     |               |          |
+|5  |102           |"          |3    |25,r           |$4, day   |
+|6  |557           |"          |4    |25,c           |$1780, yr |
+|7  |397           |"          |3    |               |          |
+|8  |433           |People     |3    |30,c           |          |
+|   |              | indirectly|     |               |          |
+|9  |658           |People     |7    |21,c           |None      |
+|   |              | indirectly|     |               |          |
+|10 |508, one for  |"          |5    |30,V,P         |None      |
+|   | 40,000 inh   |           |     |               |          |
+|11 | 86, one for  |"          |3    |               |$830, yr  |
+|   | 45,000 inh   |           |     |               |          |
+|12 |One for       |"          |5    |25             |          |
+|   | 50,000 inh   |           |     |               |          |
+|13 | 64, town,    |"          |3    |21,P           |          |
+|   |140, country  |           |     |               |          |
+|14 |3/4 of        |People     |3    |               |          |
+|   | Storthing    | indirectly|     |               |          |
+|15 |135, one for  |People     |3    |Voter          |$2.50, dy |
+|   | 20,000 inh   |           |     |               |          |
+|16 |50            |"          |     |               |$1040, yr |
+|17 |66, one for   |"          |2    |               |          |
+|   | 50,000 inh   |           |     |               |          |
+|18 |331, one for  |"          |2    |25,r,8         |          |
+|   | 80,000 inh   |           |     |               |          |
+|19 |122           |People     |4    |N,P            |          |
+|   |              | indirectly|     |               |          |
++===+==============+===========+=====+===============+==========+
+
+[Transcriber's Note: Perhaps because of a poor scan, I cannot find the
+places where footnotes 1 and 2 are referenced.]
+
+[Footnote 1: The Chancellor is responsible only to the Emperor. The
+administration is through the Bundesrath in seven standing committees.]
+
+[Footnote 2: These appointees must have held high office, or be eminent in
+science, literature or art, or pay annual taxes of at least $600.]
+
+[Footnote 3: Sweden and Norway form a F.H.M.]
+
+In giving qualifications, N means _native_, and P means a _property_
+qualification.
+
+Greece has only one chamber in its legislature. Consult the Statesman's
+Year-Book, or an encyclopedia.
+
+
+TABLE OF RULERS or PRINCIPAL NATIONS, 1897.
+
+                                                YEAR OF  DATE OF
+GOVERNMENTS       RULERS              TITLE      BIRTH  ACCESSION
+===================================================================
+Argentina         Jose E. Uriburu     President         Jan 22, '95
+Austria Hungary   Franz Joset I       Emperor     1830  Dec 2   '48
+Belgium           Leopold II          King        1835  Dec 10  '65
+Bolivia           General Alonzo      President         Aug --  '96
+Brazil            Prudente de Moraes  President   1841  Nov 15  '94
+Bulgaria          Ferdinand I         Prince      1861  July 7  '87
+Chili             Fed. Errazuriz      President   1850  Sept 18 '96
+China             Tsai Tien           Emperor     1872  Jan 12  '75
+Colombia (US of)  M.A. Caro           President         Sept 18 '94
+Denmark           Christian IX        King        1818  Nov 15  '63
+Ecuador           Gen Eloy Alfaro     President   1843  ------- '97
+France            François F. Faure   President   1841  Jan 17  '95
+Germany           Wilhelm II          Emperor     1859  June 15 '88
+  Baden           Friedrich I         Grand Duke  1826  Apr 24  '52
+  Bavaria         Otto I              King        1848  June 13 '86
+  Hesse           Ernst Louis V       Grand Duke  1868  Mar 13  '92
+  Mecklenburg
+    Schwerm       Friedrich Franz III Grand Duke  1831  Apr 15  '83
+  Mecklenburg
+    Strelitz      Friedrich Wilhelm   Grand Duke  1819  Sept 6  '60
+  Oldenburg       Nicholas F. Peter   Grand Duke  1827  Feb 27  '33
+  Prussia         Wilhelm II          King        1859  June 15 '88
+  Saxony          Albert              King        1828  Oct 29  '73
+  Wurttemberg     Wilhelm II          King        1848  Oct 6   '91
+Great Britain and
+    Ireland       Victoria I          Queen       1819  June 20 '37
+  British India   Earl of Elgan       Viceroy     1849  ------- '94
+  Canada Dominion
+    of            Earl of Aberdeen    Gov Gen     1847  Sept -- '93
+Greece            Georgios I          King        1845  June 5  '63
+Guatemala         Gen. J.M.R. Burios  President   1853  Mar 15  '92
+Haiti             Gen. Tiresias A.S.  President         ------- '96
+                    Sam
+Hawaiian Islands  Sanford B. Dole     President   1844  July 4  '94
+Honduras          Dr. P. Bonilla      President         Jan 1   '95
+Italy             Humbert I           King        1844  Jan 9   '78
+Japan             Mutsu Hito          Emperor     1852  Feb 13  '67
+Korea             Yi Hi               King        1851  ------- '64
+Mexico            Porfirio Diaz       President   1830  ------- '84
+Montenegro        Nicholas I          Prince      1841  Aug 14  '60
+Morocco           Abdul Azziz         Sultan      1878  June 7  '94
+Netherlands       Wilhelmina          Queen       1880  Nov 23  '90
+Nicaragua         Gen. Santos Zelaya  President   1853  Feb 1   '94
+Paraguay          Gen. Fgusquiza      President         Nov 25  '94
+Persia            Mozaffer ed Din     Shah        1853  May 1   '96
+Peru              Nicolas de Pierola  President         Aug 12  '95
+Portugal          Carlos I            King        1863  Oct 19  '89
+Rome (Pontificate
+    of)           Leo XIII            Pope        1810  Feb 20  '78
+Romania           Carol I             King        1839  Mar 26  '81
+Russia            Nicholas II         Emperor     1868  Nov 1   '94
+Santo Domingo     Ulises Heureaux     President         ----    '86
+Servia            Alexander I         King        1876  Mar 6   '89
+Siam              Chulalongkorn I     King        1853  Oct 1   '68
+South African
+    Rep'blic      S.J. Paul Kruger    President   1825  May 12  '93
+Spain             Alfonso XIII        King        1886  May 17  '86
+Sweden and Norway Oscar II            King        1829  Sept 18 '72
+Switzerland       Adrien Lachenal     President         Jan 1   '96
+Turkey            Abdul Hamid II      Sultan      1842  Aug 31, '76
+  Egypt           Abbas II            Khedive     1874  Jan 7   '92
+United States     William McKinley    President   1843  Mar 4   '97
+Uruguay           Idiarte  Borda      President   1844  Mar 1   '94
+Venezuela         Joaquin Crespo      President   1841  Mar 5,  '94
+
+
+PRESIDENTS OF THE UNITED STATES.
+
++===+==================+===============+=====+=========+======+======+
+|   |Name              |Birthplace     |Year |Paternal |Resi- |Year  |
+|   |                  |               |     |Ancestry |dence |Inaug.|
++===+==================+===============+=====+=========+======+======+
+|1  |George Washington |Westmoreland   |1732 |English  |Va.   |1789  |
+|   |                  | Co., Va.      |     |         |      |      |
+|2  |John Adams        |Quincey, Mass. |1735 |English  |Mass. |1797  |
+|3  |Thomas Jefferson  |Shadwell, Va.  |1743 |Welsh    |Va.   |1801  |
+|4  |James Madison     |Port Conway,   |1751 |English  |Va.   |1809  |
+|   |                  | Va.           |     |         |      |      |
+|5  |James Monroe      |Westmoreland   |1758 |Scotch   |Va.   |1817  |
+|   |                  | Co., Va.      |     |         |      |      |
+|6  |John Quincy Adams |Quincey, Mass. |1767 |English  |Mass. |1825  |
+|7  |Andrew Jackson    |Union Co., N.C.|1767 |Scotch-  |Tenn. |1829  |
+|   |                  |               |     | Irish   |      |      |
+|8  |Martin Van Buren  |Kinderhook,    |1782 |Dutch    |N.Y.  |1837  |
+|   |                  | N.Y.          |     |         |      |      |
+|9  |William H.        |Berkeley, Va.  |1773 |English  |O.    |1841  |
+|   | Harrison         |               |     |         |      |      |
+|10 |John Tyler        |Greenway, Va.  |1790 |English  |Va.   |1841  |
+|11 |James K. Polk     |Mecklenburg    |1795 |Scotch-  |Tenn. |1845  |
+|   |                  | Co., N.C.     |     | Irish   |      |      |
+|12 |Zachary Taylor    |Orange Co., Va.|1784 |English  |La.   |1849  |
+|13 |Millard Fillmore  |Summer Hill,   |1800 |English  |N.Y.  |1850  |
+|   |                  | N.Y.          |     |         |      |      |
+|14 |Franklin Pierce   |Hillsboro, N.H.|1804 |English  |N.H.  |1853  |
+|15 |James Buchanan    |Cove Gam, Pa.  |1791 |Scotch-  |Pa.   |1857  |
+|   |                  |               |     | Irish   |      |      |
+|16 |Abraham Lincoln   |Larue Co., Ky. |1809 |English  |Ill.  |1861  |
+|17 |Andrew Johnson    |Raleigh, N.C.  |1808 |English  |Tenn. |1865  |
+|18 |Ulysses S. Grant  |Point Pleasant,|1822 |Scotch   |D.C.  |1869  |
+|   |                  | O.            |     |         |      |      |
+|19 |Rutherford B.     |Delaware, O.   |1822 |Scotch   |O.    |1877  |
+|   | Hayes            |               |     |         |      |      |
+|20 |James A. Garfield |Cuyahoga Co.,  |1831 |English  |O.    |1881  |
+|   |                  | O.            |     |         |      |      |
+|21 |Chester A. Arthur |Fairfield, Vt. |1830 |Scotch-  |N.Y.  |1881  |
+|   |                  |               |     | Irish   |      |      |
+|22 |Grover Cleveland  |Caldwell, N.J. |1837 |English  |N.Y.  |1883  |
+|23 |Benjamin Harrison |North Bend, O. |1833 |English  |Ind.  |1889  |
+|24 |Grover Cleveland  |Caldwell, N.J. |1837 |English  |N.Y.  |1893  |
+|25 |William McKinley  |Niles, O.      |1843 |Scotch-  |O.    |1897  |
+|   |                  |               |     | Irish   |      |      |
++===+==================+===============+=====+=========+======+======+
+
+
+VICE-PRESIDENTS OF THE UNITED STATES.
+
++===+===============+==================+=====+=========+======+=======+
+|   |Name           |Birthplace        |Year |Paternal |Resi- |Inaug. |
+|   |               |                  |     |Ancestry |dence |       |
++===+===============+==================+=====+=========+======+=======+
+|1  |John Adams     |Quincey, Mass.    |1735 |English  |Mass. |1789   |
+|2  |Thomas         |Shadwell, Va.     |1743 |Welsh    |Va.   |1797   |
+|   | Jefferson     |                  |     |         |      |       |
+|3  |Aaron Burr     |Newark, N.J.      |1756 |English  |N.Y.  |1801   |
+|4  |George Clinton |Ulster Co., N.Y.  |1739 |English  |N.Y.  |1805   |
+|5  |Elbridge Gerry |Marblehead, Mass. |1744 |English  |Mass. |1813   |
+|6  |Daniel D.      |Scarsdale, N.Y.   |1774 |English  |N.Y.  |1817   |
+|   | Tompkins      |                  |     |         |      |       |
+|7  |John C.        |Abbeville, S.C.   |1782 |Scotch-  |S.C.  |1825   |
+|   | Calhoun       |                  |     | Irish   |      |       |
+|8  |Martin Van     |Kinderhook, N.Y.  |1782 |Dutch    |N.Y.  |1833   |
+|   | Buren         |                  |     |         |      |       |
+|9  |Richard M.     |Louisville, Ky.   |1780 |English  |Ky.   |1837   |
+|   | Johnson       |                  |     |         |      |       |
+|10 |John Tyler     |Greenway, Va.     |1790 |English  |Va.   |1841   |
+|11 |George M.      |Philadelphia, Pa. |1792 |English  |Pa.   |1845   |
+|   | Dallas        |                  |     |         |      |       |
+|12 |Millard        |Summer Hill, N.Y. |1800 |English  |N.Y.  |1849   |
+|   | Fillmore      |                  |     |         |      |       |
+|13 |William R.     |Sampson Co., N.C. |1786 |English  |Ala.  |1853   |
+|   | King          |                  |     |         |      |       |
+|14 |John C.        |Lexington, Ky.    |1821 |Scotch   |Ky.   |1857   |
+|   | Breckinridge  |                  |     |         |      |       |
+|15 |Hannibal       |Paris, Me.        |1809 |English  |Me.   |1861   |
+|   | Hamlin        |                  |     |         |      |       |
+|16 |Andrew Johnson |Raleigh, N.C.     |1808 |English  |Tenn. |1865   |
+|17 |Schuyler       |New York City     |1823 |English  |Ind.  |1869   |
+|   | Colfax        |                  |     |         |      |       |
+|18 |Henry Wilson   |Farmington, N.H.  |1822 |English  |Mass. |1873   |
+|19 |William A.     |Malone, N.Y.      |1819 |English  |N.Y.  |1877   |
+|   | Wheeler       |                  |     |         |      |       |
+|20 |Chester A.     |Fairfield, Vt.    |1830 |Scotch-  |N.Y.  |1881   |
+|   | Arthur        |                  |     | Irish   |      |       |
+|21 |Thomas A.      |Muskingum Co., O. |1819 |Scotch-  |Ind.  |1885   |
+|   | Hendricks     |                  |     | Irish   |      |       |
+|22 |Levi P. Morton |Shoreham, Vt.     |1824 |Scotch   |N.Y.  |1889   |
+|23 |Adlai E.       |Christian Co., Ky.|1835 |Scotch-  |Ill.  |1893   |
+|   | Stevenson     |                  |     | Irish   |      |       |
+|24 |Garret A.      |Long Branch, N.J. |1844 |English  |N.J.  |1897   |
+|   | Hobart        |                  |     |         |      |       |
++===+===============+==================+=====+=========+======+=======+
+
+
+PRESIDENTS PRO TEMPORE OF THE UNITED STATES SENATE.
+CONGRESS     YEARS     NAME                STATE    BORN     DIED
+=================================================================
+1, 2        1789-92    John Langdon        N H      1739     1819
+2           1792       Richard H Lee       Va       1732     1794
+2, 3        1792 94    John Langdon        N H      1739     1819
+3           1794 95    Ralph Izard         S C      1742     1804
+3, 4        1795 96    Henry Tazewell      Va       1753     1799
+4           1796 97    Samuel Livermore    N H      1732     1803
+4, 5        1797       William Bingham     Pa       1751     1804
+5           1797       William Bradford    R I      1729     1808
+5           1797 98    Jacob Read          S C      1752     1816
+5           1798       Theo Sedgwick       Mass     1746     1813
+5           1798 99    John Laurence       N Y      1750     1810
+5           1799       James Ross          Pa       1762     1847
+6           1799-1800  Samuel Livermore    N H      1732     1803
+6           1800       Uriah Tracy         Ct       1755     1807
+6           1800-1801  John E Howard       Md       1752     1827
+6           1801       James Hillhouse     Ct       1754     1832
+7           1801 02    Abraham Baldwin     Ga       1754     1807
+7           1802-03    Stephen R Bradley   Vt       1754     1830
+8           1803 04    John Brown          Ky       1757     1837
+8           1804-05    Jesse Franklin      N C      1758     1823
+8           1805       Joseph Anderson     Tenn     1757     1837
+9, 10       1805-08    Samuel Smith        Md       1752     1823
+10          1808-09    Stephen R Bradley   Vt       1754     1837
+10, 11      1809       John Milledge       Ga       1757     1839
+11          1809-10    Andrew Gregg        Pa       1755     1835
+11          1810 11    John Gaillard       S C               1826
+11, 12      1811-12    John Pope           Ky       1770     1845
+12, 13      1812 13    Wm H. Crawford      Ga       1772     1834
+13          1813 14    Jos B Varnum        Mass     1750     1821
+13-15       1814-18    John Gaillard       S C               1826
+15 16       1818 19    James Barbour       Va       1775     1842
+16 19       1820-26    John Gaillard       S C               1826
+19, 20      1826 28    Nathaniel Macon     N C      1757     1837
+20 22       1828-32    Samuel Smith        Md       1752     1839
+22          1832       L W Tazewell        Va       1774     1863
+22, 23      1832-34    Hugh L White        Tenn     1773     1840
+23          1834 35    Geo Poindexter      Miss     1779     1853
+24          1835 35    John Tyler          Va       1790     1862
+24-26       1836 41    William R King      Ala      1786     1853
+26, 27      1841 42    Samuel L Southard   N J      1787     1842
+27 29       1842 46    W P Mangum          N C      1792     1861
+29, 30      1846-49    D R Atchison        Mo       1807     1886
+31, 32      1850 52    William R King      Ala      1786     1853
+32 33       1852 54    D R Atchison        Mo       1807     1886
+33 34       1854-57    Jesse D Bright      Ind      1812     1875
+34          1857       James M Mason       Va       1798     1871
+35, 36      1857 61    Benj Fitzpatrick    Ala      1802     1869
+36 38       1861-64    Solomon Foot        Vt       1802     1866
+38          1864-65    Daniel Clark        N H      1809     1891
+39          1865-67    Lafayette S. Foster Ct       1806     1880
+40          1867-69    Benj F Wade         Ohio     1800     1878
+41, 42      1869-73    Henry B Anthony     R I      1815     1884
+43          1873-75    M H Carpenter       Wis      1824     1881
+44, 45      1875 79    Thomas W Ferry      Mich     1827     1896
+46          1879-81    A G Thurman         Ohio     1813     1895
+47          1881       Thomas F Bayard     Del      1828
+47          1881-83    David David         Ill      1815     1886
+48          1883 85    Geo F Edmunds       Vt       1818
+49          1885 87    John Sherman        Ohio     1823     1900
+49-51       1887 91    John J Ingalls      Kan      1833
+52          1891-93    C F Manderson       Neb      1837
+53          1893-95    Isham G Harris      Tenn     1818     ....
+54, 55      1895-99    William P Frye      Me       1831     ....
+
+
+SPEAKERS OF THE U.S. HOUSE OF REPRESENTATIVES.
+
+CONGRESS.  YEARS.    NAME.                   STATE. BORN. DIED.
+===============================================================
+1          1789-91   F.A. Muhlenburg         Pa.    1750  1801
+2          1791-93   Jonathan Trumbull       Ct.    1740  1809
+3          1793-95   F.A. Muhlenburg         Pa.    1750  1801
+4, 5       1795-99   Jonathan Dayton         N.J.   1760  1824
+6          1799-1801 Theo. Sedgwick          Mass.  1746  1813
+7-9        1801-07   Nathaniel Macon         N.C.   1757  1837
+10, 11     1807-11   Joseph B. Varnum        Mass.  1750  1821
+12, 13     1811-14   Henry Clay              Ky.    1777  1852
+13         1814-15   Langdon Cheves          S.C.   1776  1857
+14-16      1815-20   Henry Clay              Ky.    1777  1852
+16         1820-21   John W. Taylor          N.Y.   1784  1854
+17         1821-23   Philip P. Barbour       Va.    1783  1841
+18         1823-25   Henry Clay              Ky.    1777  1852
+19         1825-27   John W. Taylor          N.Y.   1784  1854
+20-23      1827-34   Andrew Stevenson        Va.    1784  1857
+23         1834-35   John Bell               Tenn.  1797  1869
+24, 25     1835-39   James K. Polk           Tenn.  1795  1849
+26         1839-41   R. M. T. Hunter         Va.    1809  1887
+27         1841-43   John White              Ky.    1805  1845
+28         1843-45   John W. Jones           Va.    1805  1848
+29         1845-47   John W. Davis           Ind.   1799  1850
+30         1847-49   Robert C. Winthrop      Mass.  1809  1894
+31         1849-51   Howell Cobb             Ga.    1815  1868
+32, 33     1851-55   Linn Boyd               Ky.    1800  1859
+34         1855-57   Nathaniel P. Banks      Mass.  1816  1894
+35         1857-59   James L. Orr            S.C.   1822  1873
+36         1860-61   Wm. Pennington          N.J.   1796  1862
+37         1861-63   Galusha A. Grow         Pa.    1823  ....
+38-40      1863-69   Schuyler Colfax         Ind.   1823  1885
+41-43      1869-75   James G. Blaine         Me.    1830  1893
+44         1875-76   Michael C. Kerr         Ind.   1827  1876
+44-46      1876-81   Samuel J. Randall       Pa.    1828  1890
+47         1881-83   John W. Keifer          O.     1836  ....
+48-50      1883-89   John G. Carlisle        Ky.    1835  ....
+51         1889-91   Thomas B. Reed          Me.    1839  ....
+52, 53     1891-95   Charles F. Crisp        Ga.    1845  1896
+54, 55     1895-99   Thomas B. Reed          Me.    1839  ....
+
+
+PRINCIPAL UNITED STATES EXECUTIVE OFFICERS AND SALARIES.
+
+EXECUTIVE MANSION.
+
+Office.                         Salary.
+President of United States..... $30,000
+Vice President.................   8,000
+
+DEPARTMENT OF STATE.
+
+Secretary of State............. $ 8,000
+Assistant Secretary............   4,500
+Second Assistant Sec'y.........   3,500
+Third Assistant Sec'y..........   3,500
+Chief Clerk....................   2,750
+Chief of Diplomatic Bureau.....   2,100
+Chiel of Consular Bureau.......   2,100
+Chief of Indexes & Archives....   2,100
+Four other bureau officers.....   2,100
+
+TREASURY DEPARTMENT.
+
+Secretary of the Treasury...... $ 8,000
+2 Assistant Secretaries........   4,500
+Chief Clerk of Department......   3,000
+Chief of Appointmerit Div......   2,750
+Chief of Warrant Division......    ,000 [Transcriber's Note: misprint]
+Chief of Public Moneys Div.....   2,500
+Chief of Customs Division......   2,750
+Chief Mer.Mar.& Int. Rev.......   2,500
+Chief Loans & Currency Div.....   3,500
+Chief Revenue Marine Div.......   2,500
+Chief Stationery & Printing....   2,500
+Supervising Inspector-General
+  of Steamboats................   3,500
+Director of the Mint...........   4,500
+Chief of Bureau of Statistics..   3,000
+Supt. of Life-Saving Service...   4,000
+Chairman Light-House Board.....   .....
+Supervising Surgeon-General....   4,000
+Chief of Bureau of Engraving
+  and Printing.................   4,500
+Supervising Architect..........   4,500
+Supt, U.S. Coast Survey (Acting)  6,000
+2 Comptrollers..................  5,000
+Commissioner of Customs.........  4,000
+6 Auditors......................  3,600
+Treasurer of the U. S...........  6,000
+Register of the Treasury........  4,000
+Comptroller of the Currency.....  5,000
+Com'r of Internal Revenue.......  6,000
+
+WAR DEPARTMENT.
+
+Secretary of War............... $ 8,000
+Chief Clerk....................   2,750
+Adjutant-General...............   5,500
+Inspector-General..............   5,500
+Quartermaster-General..........   5,500
+Paymaster-General..............   5,500
+Commissary-General.............   5,500
+Surgeon-General................   5,500
+Judge Advocate Gen. (Acting)...   5,500
+Chief of Engineers.............   5,500
+Chief Signal Officer...........   5,500
+Chief of Ordnance..............   5,500
+Officer in Charge War Records..   3,500
+
+NAVY DEPARTMENT.
+
+Secretary of the Navy.......... $ 8,000
+Chief Clerk....................   2,500
+Judge-Advocate General.........   4,500
+Chief of Bureau of Yards and
+  Docks........................   5,000
+Chief of Bureau of Navigation..   5,000
+Chief of Bureau of Ordnance....   5,000
+Chief of Bureau of Provisions
+  and Clothing.................   5,000
+Chief of Bureau of Medicine
+  and Surgery..................   5,000
+Chief of Bureau of Equipment
+  and Recruiting...............   5,000
+Chief of Bureau of Construction
+  and Repair...................   5,000
+Chief of Bureau of Steam
+  Engineering..................   5,000
+Chief of Library and War
+  Records......................   3,000
+Pay Director...................   3,000
+Supt. Naval Observatory........   5,000
+Supt. Nautical Almanac.........   3,500
+
+POST-OFFICE DEPARTMENT.
+
+Postmaster-General............. $ 8,000
+Chief Clerk....................   2,200
+3 Ass't Postmaster-Generals....   4,000
+Supt. of Foreign Mails.........   3,000
+Supt. of Money Order System....   3,500
+Asst. Attorney-General for
+  Post-Office Department.......   4,000
+
+DEPARTMENT OF THE INTERIOR.
+
+Secretary of the Interior...... $ 8,000
+First Assistant Secretary......   4,500
+Assistant Secretary............   4,000
+Chief Clerk & Superintendent...   2,750
+Assistant Attorney-General.....   5,000
+Com'r General Land Office......   4,000
+Com'r Pension Office...........   5,000
+Com'r of Indian Affairs........   4,000
+Commissioner Patent Office.....   5,000
+Assistant Commissioner.........   3,000
+3 Examiners-in-Chief...........   3,000
+30 Principal Examiners, each...   2,400
+Commissioner of Education......   3,000
+Director Geological Survey.....   6,000
+Commissioner of Labor..........   3,000
+Commissioner of Railroads......   4,500
+3 Civil Service Com'rs, each...   3,500
+
+DEPARTMENT OF JUSTICE.
+
+Attorney-General............... $ 8,000
+Solicitor-General..............   7,000
+Two Asst. Attorney-Generals....   5,000
+
+DEPARTMENT OF AGRICULTURE.
+
+Secretary of Agriculture....... $ 8,000
+Entomologist...................   2,500
+Botanist.......................   2,000
+Chemist........................   2,500
+Microscopist...................   2,000
+
+NOTE.--For appointees consult any political almanac of this year.
+
+UNITED STATES JUDICIAL DEPARTMENT.
+
+SUPREME COURT OF THE UNITED STATES.
+
+The court holds annual sessions at Washington, commencing on the second
+Monday in October.
+
+                           Appointed          Date of        Salary
+                           from               Commission
+--------------------------------------------------------------------
+Chief Justice Melville W.  Illinois           July 20, 1888  $10,500
+  Fuller
+Justice Stephen J. Field   California         Mar  10, 1863   10,000
+Justice John M. Harlan     Kentucky           Nov  29, 1877   10,000
+Justice Horace Gray        Massachusetts      Dec  20, 1881   10,000
+Justice David J. Brewer    Kansas             Dec  18, 1889   10,000
+Justice Henry B. Brown     Michigan           Dec  30, 1890   10,000
+Justice George Shiras      Pennsylvania       Oct  --, 1892   10,000
+Justice Edward D. White    Louisiana          Feb  --, 1894   10,000
+Justice Rufus W. Peckham   New York           Dec  --, 1893   10,000
+Clerk of the Supreme       Dist. of Columbia           1880    6,000
+  Court: James H. McKenny
+Marshal: John M. Wright    Kentucky           Jan   4, 1888    3,000
+Reporter: J.C. Bancroft    New York                    1883    5,700
+  Davis
+
+
+CIRCUIT COURTS OF THE UNITED STATES
+
+(Salary of Circuit Judges $6,000 a year)
+
+First Judicial Circuit--Mr Justice Gray, Boston, Mass
+  Districts of Maine, New Hampshire, Massachusetts, and Rhode Island.
+  Circuit Judges--Le Baron B. Colt, R.I. 1884
+                  Wm. L. Putnam, Me. 1892
+
+Second Judicial Circuit--Mr Justice Peckham, New York City.
+  Districts of Vermont, Connecticut and New York
+  Circuit Judges--Wm. J. Wallace, N.Y. 1882
+                  E. Henry Lacombe, N.Y. 1888
+                  Nathaniel Shipman, Ct. 1892
+
+Third Judicial Circuit--Mr Justice Shiras, Pittsburgh, Pa.
+  Districts of New Jersey, Pennsylvania, and Delaware
+  Circuit Judges--Marcus W. Acheson, Pa. 1891
+                  Geo. M. Dallas, Pa. 1892
+
+Fourth Judicial Circuit--Mr Chief Justice Fuller, Washington, D.C.
+  Districts of Maryland, Virginia, West Virginia, North and South Carolina
+  Circuit Judges--Nathan Goff, W. Va. 1892
+                  Charles H. Simonton, S.C. 1893
+
+Fifth Judicial Circuit--Mr Justice White, New Orleans, La.
+  Districts of Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas.
+  Circuit Judges--Don A. Pardee, La. 1881
+                  A.P. McCormick, Tex. 1892
+
+Sixth Judicial Circuit--Mr Justice Harlan, Nashville, Tenn.
+  Districts of Ohio, Michigan, Kentucky, and Tennessee
+  Circuit Judges--William H. Taft, Ohio 1892
+                  Horace H. Lurton, Tenn. 1893
+
+Seventh Judicial Circuit--Mr Justice Brown, Chicago, I11.
+  Districts of Indiana, Illinois and Wisconsin
+  Circuit Judges--William A. Woods, Ind. 1892
+                  James G. Jenkins, Wis. 1893
+
+Eighth Judicial Circuit--Mr Justice Brewer, Leavenworth, Kan.
+  Districts of Minnesota, Iowa, Missouri, Kansas, Arkansas, Nebraska,
+  Colorado, North and South Dakota, Wyoming
+  Circuit Judges--Henry C. Caldwell, Ark. 1890
+                  Walter H. Sanborn, Minn. 1892
+                  Amos M. Thayer, Mo. 1892
+
+Ninth Judicial Circuit--Mr Justice Field, San Francisco, Cal.
+  Districts of California, Oregon, Washington, Idaho, Nevada, and Montana.
+  Circuit Judges--Joseph McKenna, Cal. 1892
+                  William B. Gilbert, Ore. 1892
+
+
+JUDGES OF THE UNITED STATES DISTRICT COURTS. (Salary, $5,000 a year.)
+
+DISTRICTS.             NAME.             RESIDENCE.    DATE OF
+                                                       COMMISSION
+Alabama:
+  N. Mobile District   John Bruce        Montgomery    Feb. 27, 1875
+  Southern    "        Harry T. Toulmin  Mobile        Dec. 14, 1886
+Arkansas:
+  Eastern District     John A. Williams  Pine Bluff    -------- 1890
+  Western    "         John H. Rodgers   Fort Smith
+California:
+  Northern District    W.W. Morrow       San Francisco
+  Southern   "         Olin Wellborn     Los Angeles
+Colorado               Moses Hallett     Denver        Jan. 20, 1877
+Connecticut            W.K. Townsend     New Haven     -------- 1892
+Delaware               Leonard E. Wales  Wilmington    Mar. 20, 1884
+Florida:
+  Northern District    Charles Swayne    Jacksonville
+  Southern    "        James W. Locke    Key West      Feb. 1, 1872
+Georgia:
+  Northern District    William T. Newman Atlanta       Aug. 13, 1886
+  Southern   "         Emory Speer       Savannah      Feb. 18, 1885
+Idaho                  J.H. Beatty       Hailey        -------- 1890
+Illinois:
+  Northern District    P.S. Grosscup     Chicago.
+  Southern    "        William J. Allen  Springfield  April 18, 1887
+Indiana                John H. Baker     Goshen        -------- 1892
+Iowa:
+  Northern District    Oliver P. Shiras  Dubuque       Aug. 14, 1882
+  Southern    "        John S. Woolson   Keokuk
+Kansas                 Cassius G. Foster Topeka        Mar. 10, 1874
+Kentucky               John W. Barr      Louisville   April 15, 1880
+Louisiana:
+  Eastern District     Charles Parlange  New Orleans
+  Western     "        Aleck Boarman     Shreveport    May 18,  1881
+Maine                  Nathan Webb       Portland      Jan. 24, 1882
+Maryland               Thomas J. Morris  Baltimore     July 1,  1879
+Massachusetts          Thomas L. Nelson  Worcester     Jan. 10, 1879
+Michigan:
+  Eastern District     Henry H. Swan     Detroit       -------- 1890
+  Western    "         Henry F. Severens Kalamazoo     May 25,  1886
+Minnesota              William Lochren   Minneapolis   -------- 1896
+Mississippi
+  (Two Districts)      Henry C. Niles    Jackson
+Missouri:
+  Eastern District     Elmer E. Adams    St. Louis     -------- 1896
+  Western    "         John F. Phillips                -------- 1888
+Montana                Henry Knowles     Helena        -------- 1889
+Nebraska               W.D.M. Hugh       Omaha
+Nevada                 T.P. Hawley       Carson City
+New Hampshire          Edgar Aldrich     Littleton
+New Jersey             A. Kirkpatrick    Trenton
+New York
+  Northern District    Alfred C. Coxe    Utica         May 4,   1882
+  Southern    "        Addison Brown     New York      June 2,  1881
+                                           City
+  Eastern     "        Charles L.         Brooklyn     Mar. 9,  1865
+                         Benedict
+North Carolina:
+  Eastern District
+  Western    "         Robert P. Dick.    Greensboro   June 7,  1872
+North Dakota           C.F. Amidon        Fargo        -------- 1896
+Ohio:
+  Northern District    A.J. Ricks         Cleveland
+  Southern    "        George R. Sage     Cincinnati   Mar. 20, 1883
+Oregon                 C.B. Bellinger     Portland
+Pennsylvania:
+  Eastern District     William Butler     Philadelphia Feb. 19, 1879
+  Western    "         J. Buffington      Pittsburgh   -------- 1891
+Rhode Island           Arthur L. Brown    Providence
+South Carolina         W.H. Brawley       Charleston   -------- 1893
+South Dakota           John E. Carland    Sioux Falls
+Tennessee:
+  East & Mid. Dist.    C.D. Clark         Chattanooga
+  Western District     S. Hammond         Memphis      June 17, 1878
+Texas:
+ Eastern District      D.E. Bryant        Sherman
+ Western    "          Thos S. Maxey      Austin       -------- 1888
+ Northern   "          John B. Rector     Dallas
+Utah                   John A. Marshall   Salt Lake City
+Vermont                Hoyt H. Wheeler    Jamaica      Mar. 16, 1877
+Virginia:
+ Eastern District      Robert W. Hughes   Norfolk      Jan. 14, 1874
+ Western    "          John Paul          Harrisonburg Mar.  3, 1883
+Washington             C.H. Hanford       Seattle      -------- 1889
+West Virginia          John J.Jackson, Jr Parkersburg  Aug.  3, 1861
+Wisconsin:
+ Eastern District      W.H. Seaman        Sheboygan    -------- 1898
+ Western    "          Romanzo E. Bunn    Madison      Oct. 30, 1877
+Wyoming                John A. Riner      Cheyenne     -------- 1890
+
+
+CORRESPONDING OFFICERS OF U.S. ARMY AND NAVY.
+
+FIELD OFFICERS:
+
+ 1 General, $13,500.
+ 2 Lieutenant General, $11,000.
+ 3 Major Generals, $7,500.
+ 4 Brigadier Generals, $5,500.
+
+REGIMENTAL OFFICERS:
+
+ 5 Colonels, $3,500 to $4,500.
+ 6 Lieutenant Colonels, $3,000 to $4,000.
+ 7 Majors, $2,500 to $3,500.
+
+COMPANY OFFICERS:
+
+ 8 Captains, $1,800 to $2,800.
+ 9 First Lieutenants, $1,500 to $2,240.
+10 Second Lieutenants, $1,400 to $2,100
+
+FLEET OFFICERS:
+
+ 1 Admiral, $13,000.
+ 2 Vice-Admiral, $9,000.
+ 3 Rear Admirals, $6,000.
+ 4 Commodores, $5,000.
+
+SHIP OFFICERS:
+
+ 5 Captains, $4,500
+ 6 Commanders, $3,500.
+ 7 Lieutenant Commanders, $2,800.
+
+SUBORDINATE SHIP OFFICERS:
+
+ 8 Lieutenants, $2,400 to $2,600.
+ 9 Masters, $1,800 to $2,000.
+10 Ensigns, $1,200 to $1,400.
+
+For names of officers, see Political Almanac.
+
+
+JUSTICES OF THE UNITED STATES SUPREME COURT. (Names of the Chief Justices
+in italics)
+
+                          SERVICE
+NAME                        TERM    YEARS BORN DIED
+_John Jay_, N Y      1789 1795    6  1745 1829
+John Rutledge, S C        1789 1791    2  1739 1800
+William Cushing, Mass     1789 1800   21  1733 1810
+James Wilson, Pa          1789 1798    9  1742 1798
+John Blair, Va            1789 1796    7  1732 1800
+Robert H Harrison, Md     1789 1790    1  1745 1790
+James Iredell, N C        1790 1799    9  1751 1799
+Thomas Johnson, Md        1791 1793    2  1732 1819
+William Paterson, N J     1793 1806   13  1745 1806
+_John Rutledge_, S C 1795            1739 1800
+Samuel Chase, Md          1796 1811   15  1741 1811
+_Oliver Ellsworth_,
+  Ct                      1796 1800    5  1745 1807
+Bushrod Washington, Va    1798 1829   31  1762 1829
+Alfred Moore, N C         1799 1804    5  1755 1835
+_John Marshall_, Va  1801 1835   34  1771 1834
+William Johnson, S C      1804 1834   30  1757 1823
+Brock Livingston, N Y     1806 1823   17  1765 1826
+Thomas Todd, Ky           1807 1826   19  1765 1826
+Joseph Story, Mass        1811 1845   34  1770 1846
+Gabriel Duval, Md         1811 1836   25  1732 1844
+Smith Thompson, N Y       1823 1843   20  1767 1843
+Robert Trimble, Ky        1826 1828    2  1777 1828
+John McLean, Ohio         1829 1861   32  1785 1861
+Henry Baldwin, Pa         1830 1844   16  1779 1844
+James M Wayne, Ga         1835 1867   32  1790 1867
+_Roger B Taney_, Md  1836 1864   28  1777 1864
+Philip P Barbour, Va      1836 1841    5  1783 1841
+John Catron, Tenn         1837 1865   28  1786 1865
+John McKinley, Ala        1837 1852   15  1780 1852
+Peter V Daniel, Va        1841 1860   19  1785 1860
+Samuel Nelson, N Y        1845 1872   27  1792 1873
+Levi Woodbury, N H        1845 1851    6  1789 1851
+Robert C Grier, Pa        1846 1870   23  1794 1870
+Benj R Curtis, Mass       1851 1857    6  1800 1874
+John A Campbell, Ala      1853 1861    8  1811 1889
+Nathan Clifford, Maine    1858 1881   23  1803 1881
+Noah H Swayne, Ohio       1861 1881   20  1804 1884
+Samuel F Miller, Iowa     1862 1890   28  1816 1890
+David Davis, Ill          1862 1877   15  1815 1885
+Stephen J Field, Cal      1863            1816
+_Salmon P Chase_,
+  Ohio                    1864 1873    9  1808 1873
+William Strong, Pa        1870 1880   10  1808
+Joseph P Bradley, N J     1870 1892   22  1818 1892
+Ward Hunt, N Y            1872 1882   10  1811 1886
+_Morrison R Waite_,
+  Ohio                    1874 1888   14  1816 1888
+John M Harlan, Ky         1877            1877
+William B Woods, Ga       1880 1887    7  1824 1887
+Stanley Matthews, Ohio    1881 1889    8  1824 1889
+Horace Gray, Mass         1881            1828
+Samuel Blatchford, N Y    1882 1893   11  1820 1893
+Lucius Q C Lamar, Miss    1888 1993    5  1825 1893
+_Melville W Fuller_,
+  Ill                     1888            1833
+David J Brewer, Kan       1889            1837
+Henry B Brown, Mich       1890            1836
+George Shiras Jr, Pa      1892            1832
+Howell D Jackson, Tenn    1893 1895    2  1832 1895
+Edward D White, La        1893            1845
+Rufus W Peckham           1895            1837
+
+
+UNITED STATES MILITARY ACADEMY AT WEST POINT.
+
+Each Congressional District and Territory--also the District of Columbia--
+is entitled to have one cadet at the Academy. There are also ten
+appointments at large, specially conferred by the President of the United
+States. The number of students is thus limited to three hundred and
+seventy-one.
+
+Appointments are usually made one year in advance of date of admission, by
+the Secretary of War, upon the nomination of the Representative. These
+nominations may either be made after competitive examinations or given
+direct, at the option of the Representative. Appointees to the Military
+Academy must be between seventeen and twenty-two years of age, free from
+any infirmity which may render them unfit for military service, and able
+to pass a careful examination in reading, writing, orthography,
+arithmetic, grammar, geography, and history of the United States.
+
+The course of instruction, which is quite thorough, requires four years,
+and is largely mathematical and professional. About one-fourth of those
+appointed usually fail to pass the preliminary examination, and but little
+over one-half the remainder are finally graduated. The discipline is very
+strict--even more so than in the army--and the enforcement of penalties
+for offences is inflexible rather than severe. Academic duties begin
+September 1 and continue until June 1. Examinations are held in each
+January and June.
+
+From about the middle of June to the end of August cadets live in camp,
+engaged only in military duties and receiving practical military
+instruction. Cadets are allowed but one leave of absence during the four
+years' course, and this is granted at the expiration of the first two
+years. The pay of a cadet is five hundred and forty dollars per year. Upon
+graduating, cadets are commissioned as second lieutenants in the United
+States Army.
+
+The Academy was established by act of Congress in 1802. An annual Board of
+Visitors is appointed, seven being appointed by the President of the
+United States, two by the President of the Senate, and three by the
+Speaker of the House of Representatives. They visit the Academy in June,
+and are present at the concluding exercises of the graduating class of
+that year.
+
+
+UNITED STATES NAVAL ACADEMY AT ANNAPOLIS.
+
+There are allowed at the Academy one naval cadet for each Member or
+Delegate of the United States House of Representatives, one for the
+District of Columbia, and ten at large. The appointment of cadets at large
+and for the District of Columbia is made by the President. The Secretary
+of the Navy, as soon after March 5 in each year as possible, must notify
+in writing each Member and Delegate of the House of Representatives of any
+vacancy that may exist in his district. The nomination of a candidate to
+fill the vacancy is made, on the recommendation of the Member or Delegate,
+by the Secretary. Candidates must be actual residents of the districts
+from which they are nominated.
+
+The course of naval cadets is six years, the last two of which are spent
+at sea. Candidates at the time of their examination for admission must be
+not under fifteen nor over twenty years of age, and physically sound, well
+formed, and of robust condition. They enter the Academy immediately after
+passing the prescribed examinations, and are required to sign articles
+binding themselves to serve in the United States Navy eight years
+(including the time of probation at the Naval Academy), unless sooner
+discharged. The pay of a naval cadet is five hundred dollars a year,
+beginning at the date of admission.
+
+At least ten appointments from among the graduates are made each year.
+Surplus graduates who do not receive appointments are given a certificate
+of graduation, an honorable discharge, and one year's sea pay.
+
+The Academy was founded in 1845 by the Hon. George Bancroft, Secretary of
+the Navy in the administration of President Polk. It was formally opened
+October 10 of that year, with Commander Franklin Buchanan as
+Superintendent. During the Civil War it was removed from Annapolis, Md.,
+to Newport, R.I., but was returned to the former place in 1865. It is
+under the direct supervision of the Bureau of Navigation, Navy Department.
+
+
+REPRESENTATION IN CONGRESS FOR EACH DECADE WITH RATIOS.
+
+[Transcriber's Note: This table went horizontally across two pages, so
+it's given in pieces, with line numbers, as some of the others were.]
+
++===+===============+========+=======+=======+=======+=======+=======+
+|   |Ratios         |Consti- |33,900 |33,900 |35,000 |40,000 |47,000 |
+|   |               |tution  |       |       |       |       |       |
+|   +===============+========+=======+=======+=======+=======+=======+
+|   |States         |1787    |1790   |1800   |1810   |1820   |1830   |
++===+===============+========+=======+=======+=======+=======+=======+
+|1  |Alabama        |....    |....   |....   |1[1]   |8      |5      |
+|2  |Arkansas       |....    |....   |....   |....   |....   |1[1]   |
+|3  |California     |....    |....   |....   |....   |....   |....   |
+|4  |Colorado       |....    |....   |....   |....   |....   |....   |
+|5  |Connecticut    |5       |7      |7      |7      |6      |6      |
+|6  |Delaware       |1       |1      |1      |2      |1      |1      |
+|7  |Florida        |....    |....   |....   |....   |....   |....   |
+|8  |Georgia        |3       |2      |4      |6      |7      |9      |
+|9  |Idaho          |....    |....   |....   |....   |....   |....   |
+|10 |Illinois       |....    |....   |....   |1[1]   |1      |8      |
+|11 |Indiana        |....    |....   |....   |1[1]   |3      |7      |
+|12 |Iowa           |....    |....   |....   |....   |....   |....   |
+|13 |Kansas         |....    |....   |....   |....   |....   |....   |
+|14 |Kentucky       |....    |2[1]   |6      |10     |12     |13     |
+|15 |Louisiana      |....    |....   |....   |1[1]   |3      |3      |
+|16 |Maine          |....    |....   |....   |7[1]   |7      |8      |
+|17 |Maryland       |8       |8      |9      |9      |9      |8      |
+|18 |Massachusetts  |8       |14     |17     |20     |13     |12     |
+|19 |Michigan       |....    |....   |....   |....   |....   |1[1]   |
+|20 |Minnesota      |....    |....   |....   |....   |....   |....   |
+|21 |Mississippi    |....    |....   |....   |1[1]   |1      |3      |
+|22 |Missouri       |....    |....   |....   |....   |1[1]   |2      |
+|23 |Montana        |....    |....   |....   |....   |....   |....   |
+|24 |Nebraska       |....    |....   |....   |....   |....   |....   |
+|25 |Nevada         |....    |....   |....   |....   |....   |....   |
+|26 |New Hampshire  |3       |4      |5      |6      |6      |5      |
+|27 |New Jersey     |4       |5      |6      |6      |6      |6      |
+|28 |New York       |6       |10     |17     |27     |34     |40     |
+|29 |North Carolina |5       |10     |12     |13     |13     |13     |
+|30 |North Dakota   |....    |....   |....   |....   |....   |....   |
+|31 |Ohio           |....    |....   |1[1]   |6      |14     |19     |
+|32 |Oregon         |....    |....   |....   |....   |....   |....   |
+|33 |Pennsylvania   |8       |13     |18     |23     |25     |28     |
+|34 |Rhode Island   |1       |2      |2      |2      |2      |2      |
+|35 |South Carolina |5       |6      |8      |9      |9      |9      |
+|36 |South Dakota   |....    |....   |....   |....   |....   |....   |
+|37 |Tennessee      |....    |1[1]   |3      |6      |9      |13     |
+|38 |Texas          |....    |....   |....   |....   |....   |....   |
+|39 |Utah           |....    |....   |....   |....   |....   |....   |
+|40 |Vermont        |....    |2[1]   |4      |6      |5      |5      |
+|41 |Virginia       |10      |19     |22     |23     |22     |12     |
+|42 |Washington     |....    |....   |....   |....   |....   |....   |
+|43 |West Virginia  |....    |....   |....   |....   |....   |....   |
+|44 |Wisconsin      |....    |....   |....   |....   |....   |....   |
+|45 |Wyoming        |....    |....   |....   |....   |....   |....   |
++===+===============+========+=======+=======+=======+=======+=======+
+|46 |Totals         |65      |106    |142    |193    |213    |234    |
++===+===============+========+=======+=======+=======+=======+=======+
+
+REPRESENTATION IN CONGRESS FOR EACH DECADE WITH RATIOS.
+
+[Transcriber's Note: Continued from previous table.]
+
++===+=======+=======+========+========+========+========+=======+
+|   |70,680 |93,420 |127,000 |131,425 |151,912 |173,901 |47,000 |
+|   +=======+=======+========+========+========+========+=======+
+|   |1840   |1850   |1860    |1870    |1880    |1890    |1830   |
++===+=======+=======+========+========+========+========+=======+
+|1  |7      |7      |6       |8       |8       |9       |5      |
+|2  |1      |2      |3       |4       |5       |6       |1[1]   |
+|3  |2[1]   |2      |3       |4       |6       |7       |....   |
+|4  |....   |....   |....    |1[1]    |1       |2       |....   |
+|5  |4      |4      |4       |4       |4       |4       |6      |
+|6  |1      |1      |1       |1       |1       |1       |1      |
+|7  |1[1]   |1      |1       |2       |2       |2       |....   |
+|8  |8      |8      |7       |9       |10      |11      |9      |
+|9  |....   |....   |....    |....    |....    |....    |....   |
+|10 |7      |9      |14      |19      |20      |22      |8      |
+|11 |10     |11     |11      |13      |13      |13      |7      |
+|12 |2[1]   |2      |6       |9       |11      |11      |....   |
+|13 |....   |....   |1[1]    |3       |7       |8       |....   |
+|14 |10     |10     |9       |10      |11      |11      |13     |
+|15 |4      |4      |5       |6       |6       |6       |3      |
+|16 |7      |6      |5       |5       |4       |4       |8      |
+|17 |6      |6      |5       |6       |6       |6       |8      |
+|18 |10     |11     |10      |11      |12      |13      |12     |
+|19 |3      |4      |6       |9       |11      |12      |1[1]   |
+|20 |....   |2[1]   |2       |3       |5       |7       |....   |
+|21 |4      |5      |5       |6       |7       |7       |3      |
+|22 |5      |7      |9       |13      |14      |15      |2      |
+|23 |....   |....   |....    |....    |1[1]    |1       |....   |
+|24 |....   |....   |1[1]    |1       |3       |6       |....   |
+|25 |....   |....   |1[1]    |1       |1       |1       |....   |
+|26 |4      |3      |3       |3       |2       |2       |5      |
+|27 |5      |5      |5       |7       |7       |8       |6      |
+|28 |34     |33     |31      |33      |34      |34      |40     |
+|29 |9      |8      |7       |8       |9       |9       |13     |
+|30 |....   |....   |....    |....    |1[1]    |1       |....   |
+|31 |21     |21     |19      |20      |21      |21      |19     |
+|32 |....   |1[1]   |1       |1       |1       |2       |....   |
+|33 |24     |25     |24      |27      |28      |30      |28     |
+|34 |2      |2      |2       |2       |2       |2       |2      |
+|35 |7      |6      |4       |5       |7       |7       |9      |
+|36 |....   |....   |....    |....    |2[1]    |2       |....   |
+|37 |11     |10     |8       |10      |10      |10      |13     |
+|38 |2[1]   |2      |4       |6       |11      |13      |....   |
+|39 |....   |....   |....    |....    |....    |1[1]    |....   |
+|40 |4      |3      |3       |3       |2       |2       |5      |
+|41 |15     |13     |11      |9       |10      |10      |12     |
+|42 |....   |....   |....    |....    |1[1]    |2       |....   |
+|43 |....   |....   |3[1]    |3       |4       |4       |....   |
+|44 |2[1]   |3      |6       |8       |9       |10      |....   |
+|45 |....   |....   |....    |....    |....    |1       |....   |
++===+=======+=======+========+========+========+========+=======+
+|46 |232    |246    |246     |293     |330     |357     |234    |
++===+=======+=======+========+========+========+========+=======+
+
+REPRESENTATION IN CONGRESS FOR EACH DECADE WITH RATIOS.
+
+[Transcriber's Note: The data below is from the same table, but can stand
+on its own.]
+
++===============+=================================+
+|States         |Territory, How Obtained          |
++===============+=================================+
+|Alabama        |Ceded by S.C. and Ga.            |
+|Arkansas       |Part of Louisiana purchase.      |
+|California     |Ceded by Mexico.                 |
+|Colorado       |From France and Mexico.          |
+|Connecticut    |One of original thirteen.        |
+|Delaware       |One of original thirteen.        |
+|Florida        |Part of Florida purchase.        |
+|Georgia        |One of original thirteen.        |
+|Idaho          |Part of "Oregon Country."        |
+|Illinois       |Ceded to U.S. by Virginia.       |
+|Indiana        |Ceded to U.S. by Virginia.       |
+|Iowa           |Part of Louisiana Purchase.      |
+|Kansas         |From France and Texas.           |
+|Kentucky       |Ceded to U.S. by Virginia.       |
+|Louisiana      |Part of Louisiana Purchase.      |
+|Maine          |From Massachusetts.              |
+|Maryland       |One of original thirteen.        |
+|Massachusetts  |One of original thirteen.        |
+|Michigan       |Ceded to U.S. by Virginia.       |
+|Minnesota      |From Virginia and France.        |
+|Mississippi    |Ceded by Ga. and S. Carolina.    |
+|Missouri       |Part of Louisiana purchase.      |
+|Montana        |Part of Louisiana purchase.      |
+|Nebraska       |Part of Louisiana purchase.      |
+|Nevada         |Part of Mexican cession.         |
+|New Hampshire  |One of original thirteen.        |
+|New Jersey     |One of original thirteen.        |
+|New York       |One of original thirteen.        |
+|North Carolina |One of original thirteen.        |
+|North Dakota   |Part of Louisiana purchase.      |
+|Ohio           |Ceded to U.S. by Virginia.       |
+|Oregon         |France, Spain and Great Britain. |
+|Pennsylvania   |One of original thirteen.        |
+|Rhode Island   |One of original thirteen.        |
+|South Carolina |One of original thirteen.        |
+|South Dakota   |Part of Louisiana purchase.      |
+|Tennessee      |Ceded to U.S. by N. Carolina.    |
+|Texas          |Independent republic.            |
+|Utah           |Part of Mexican cession.         |
+|Vermont        |Ceded to U.S. by New York.       |
+|Virginia       |One of original thirteen.        |
+|Washington     |Exploration and treaty.          |
+|West Virginia  |Portion of Virginia.             |
+|Wisconsin      |Ceded to U.S. by Virginia.       |
+|Wyoming        |Part of "Oregon Country."        |
++===============+=================================+
+
+
+TABULAR VIEW OF THE STATE GOVERNMENT OF MINNESOTA
+
+
+Senators/Representatives:
+  Created   : Constitution.
+  How Chosen: By the People in Senatorial Districts.
+  Duties    : Make Laws.
+  Beginning : First Monday in January.
+  Vacancy   : New Election.
+  Bonds     : None.
+
+Senators:
+  No.       : 63
+  Duties    : Try Impeachments, Confirm Appointments.
+  Term      : 4 years.
+  Removal   : 2/3 of Senate.
+  Salary    : $5 a day and Mileage.
+
+Representatives:
+  No.       : 119
+  Duties    : Impeach, Originate Revenue Bills.
+  Term      : 2 years.
+  Removal   : 2/3 of H. of R.
+  Salary    : $5 a day and Mileage; Speaker, $10.
+
+
+Governor/Lieutenant-Governor/State Auditor/State
+Treasurer/Secretary of State/Attorney General:
+  Created   : By the Constitution.
+  No.       : 1
+  How Chosen: By the People of the State on a General Ticket.
+  Beginning : First Monday in January.
+  Removal   : Impeachment by House of R. and Conviction by Senate.
+
+Governor:
+  Duties    : Execute Laws, Veto, Appointments, Pardons.
+  Term      : 2 years.
+  Vacancy   : Lieut.-Gov.
+  Bonds     : None.
+  Salary    : $5,000 a year.
+
+Lieutenant-Governor:
+  Duties    : Preside over Senate, Act as Governor in Vacancy.
+  Term      : 2 years.
+  Vacancy   : Not filled.
+  Bonds     : None.
+  Salary    : $10 a day during Leg.
+
+State Auditor:
+  Duties    : Book-Keeper, Examine Accounts, Warrants,
+              Land Commissioner.
+  Term      : 4 years.
+  Vacancy   : Appointment by Governor till next Election.
+  Bonds     : $20,000
+  Salary    : $3,600 a year.
+
+State Treasurer:
+  Duties    : Act as Custodian of State Funds.
+  Term      : 2 years.
+  Vacancy   : Appointment by Governor till next Election.
+  Bonds     : $400,000
+  Salary    : $3,500 a year.
+
+Secretary of State:
+  Duties: Keep State Papers and Great Seal, Manual, Public Printing.
+  Term      : 2 years.
+  Vacancy   : Appointment by Governor till next Election.
+  Bonds     : None.
+  Salary    : $3,500 a year.
+
+Attorney General:
+  Duties: Represent State in Suits, Legal Advice to other
+          State Officers.
+  Term      : 2 years.
+  Vacancy   : Appointment by Governor till next Election.
+  Bonds     : None.
+  Salary    : $3,500 a year.
+
+
+State Supt. Pub. Inst./Public Examiner/State Librarian/Insurance
+Commissioner/State Oil Inspector/Dairy Commissioner/:
+  Created   : Except Librarian, by Statute.
+  No.       : 1
+  How Chosen: Appointed by the Governor and Confirmed by the Senate.
+  Term      : 2 years.
+  Beginning : First Monday in January.
+  Removal   : By Governor after due Examination.
+  Vacancy   : New Appointment made by Governor.
+
+State Supt. Pub. Inst.:
+  Duties    : Act as Chief Educational Officer, Secretary of
+              Educational Boards.
+  Bonds     : None.
+  Salary    : $2,500 a year.
+
+Public Examiner:
+  Duties    : Inspect Books, &c., of State and County Financial Officers.
+  Bonds     : $50,000
+  Salary    : $3,500 a year.
+
+State Librarian:
+  Duties    : Take care of State Library.
+  Bonds     : $2,000
+  Salary    : $2,000 a year.
+
+R.R. Commissioners:
+  Created   : By Statute.
+  No.       : 3
+  Duties    : Regulate Railroads and Warehouses, Appoint Grain
+              Inspectors.
+  How Chosen: Appointed by the Governor and Confirmed by the Senate.
+  Term      : 2 years.
+  Beginning : First Monday in January.
+  Removal   : By Governor after due Examination.
+  Vacancy   : New Appointment made by Governor.
+  Bonds     : $20,000 each.
+  Salary    : $3,000 each.
+
+Insurance Commissioner:
+  Duties    : Authorize Operation of Insurance Companies.
+  Bonds     : $5,000
+  Salary    : $2,000 of Fees.
+
+State Oil Inspector:
+  Duties    : Render the Use of Illuminating Oils Safe.
+  Bonds     : $5,000
+  Salary    : Fees.
+
+Dairy Commissioner:
+  Duties    : Regulate Sale of Dairy Products.
+  Bonds     : None.
+  Salary    : $1,800 and Expenses.
+
+Surveyors-General:
+  Created   : By Statute.
+  No.       : 7
+  Duties    : Scale Logs, Record Marks, Secure Laborers' Liens.
+  How Chosen: Appointed by the Governor and Confirmed by the Senate.
+  Term      : 2 years.
+  Beginning : First Monday in January.
+  Removal   : By Governor after due Examination.
+  Vacancy   : New Appointment made by Governor.
+  Bonds     : $5,000
+  Salary    : Fees.
+
+
+Administrative Boards/Boards of Trustees:
+  Created   : By Statute.
+  No.       : Varies
+  How Chosen: Appointed as Above.
+  Term      : Various.
+  Beginning : Specified in Appointment.
+  Removal   : By Governor after due Examination.
+  Vacancy   : New Appointment made by Governor.
+  Bonds     : None.
+  Salary    : None, except Sec.
+
+Administrative Boards:
+  Duties    : Immigration, Health, Fisheries, Charities, Taxes.
+
+Boards of Trustees:
+  Duties    : State Institutions, Educational, Charitable and Penal.
+
+
+Justices of Supreme Court:
+  Created   : Constitution.
+  No.       : 5
+  Duties    : Interpret Laws, Try Appealed Cases.
+  How Chosen: By People of State.
+  Term      : 6 years.
+  Beginning : First Monday in January.
+  Removal   : Impeachment and Conviction.
+  Vacancy   : Same as Auditor, etc.
+  Bonds     : None.
+  Salary    : $5,000 a year.
+
+Clerk of Supreme Court:
+  Created   : Constitution.
+  No.       : 1
+  Duties    : Keep Records of Supreme Court.
+  How Chosen: By People of State.
+  Term      : 4 years.
+  Beginning : First Monday in January.
+  Removal   : Impeachment and Conviction.
+  Vacancy   : Same as Auditor, etc.
+  Bonds     : $1,000
+  Salary    : $1,500 a year and fees.
+
+Justices of District Courts:
+  Created   : Constitution.
+  No.       : 21
+  Duties    : Establish Justice in Counties.
+  How Chosen: By People in Judicial Dist.
+  Term      : 6 years.
+  Beginning : First Monday in January.
+  Removal   : Impeachment and Conviction.
+  Vacancy   : Same as Auditor, etc.
+  Bonds     : None.
+  Salary    : $3,500 a year.
+
+
+
+
+APPENDIX C.--HOW SOME THINGS ARE DONE.
+
+
+HOW TAXES ARE LEVIED.
+
+Definitions.--Taxes may be defined as the moneys contributed by the people
+to defray the public expenses. They are spoken of as direct and indirect,
+the former being paid as taxes, the latter as part of the price of a
+commodity.
+
+Within the State.--Local and state taxes are all direct. They are meant to
+be proportioned to a person's ability to pay. In fact, however, a person's
+tax is based upon the value of his _discoverable property_. The value of
+such property is estimated by local officers called assessors. The
+estimates of these officers are reviewed by the local board, and the
+reviewed estimates are again examined and equalized by the county board.
+But assessors, local boards, and county boards are all tempted to make the
+estimates low, to reduce their share of taxation for the use of the state.
+So a final review is made by the state board of equalization. The final
+estimates being reported to the computing officer, and the various sums to
+be raised having been reported to him, he finds the _rate_ of taxation,
+computes the taxes, and turns the books over to the collecting officer.
+
+Certain classes of property are exempt from taxation. Among those usually
+exempt may be mentioned property owned by the United States, the state, or
+the municipal corporation; church property; educational and charitable
+institutions; and a certain amount of personal property. United States
+bonds cannot be taxed.
+
+By the General Government.--The sources of revenue to the general
+government are: 1, customs; 2, excises; 3, direct taxes; 4, public lands;
+5, receipts from post offices, patents, copyrights, fines, escheats, &c.
+The last two classes cannot be called taxes. As it cannot compel a state
+to collect taxes for it, the general government is practically barred, on
+account of expense, from laying direct taxes. So that it is practically
+true that national taxation is all indirect. The "customs" are duties on
+imports. The "excises," or internal revenue, consist of taxes on tobacco,
+fermented and alcoholic liquors, &c.
+
+A Difficult Problem.--Though taxes have been levied for untold centuries,
+it is still one of the unsolved problems how to levy them so as to be just
+to all. Much progress has been made, but entirely satisfactory answers
+have not yet been wrought out to the questions: What are the proper things
+to tax? For what purposes should taxes be levied?
+
+
+HOW THE GOVERNMENT BORROWS.
+
+When an individual wishes to borrow money, he looks around for some one
+who has the money to spare and who has confidence enough in him to let him
+have it. He gives his note or bond, and gets the money. Similarly the
+United States borrows. The secretary of the treasury looks for lenders in
+the money-centers of the world, consults great banking-houses, and
+sometimes advertises in newspapers.
+
+A private borrower pays for the use of the money, and similarly the debt
+of the United States is largely interest-bearing. The notes called
+"greenbacks" bear no interest, because, being legal tender, they circulate
+as money, as do also the gold and silver certificates of deposit.
+
+
+HOW NATIONAL BANKS ARE ESTABLISHED.
+
+Organization.--Associations for carrying on the business of banking may be
+formed by any number of natural persons not less than five. A signed and
+certified copy of the articles of association is forwarded to the
+comptroller of the currency; also a certificate giving the name of the
+association, its place of business, its capital, the number of shares and
+their owners.
+
+Capital.--The minimum capital required is: in cities of less than 6000
+inhabitants, $50,000; less than 50,000 inhabitants, $100,000; others,
+$200,000.
+
+Powers.--Such associations have the usual corporate and banking powers. In
+addition, they may issue their notes to circulate as currency on the
+following conditions: Upon depositing with the U. S. Treasurer registered
+bonds of the United States, to an amount not less than $30,000 nor less
+than one-third of its capital, the bank receives from the comptroller of
+the currency blank notes of face value not to exceed ninety per cent of
+the par value of the bonds. These notes, after being signed by the
+president and the cashier of the bank, may circulate as money, but are not
+legal tender for private debts.
+
+
+HOW TO OBTAIN A COPYRIGHT.
+
+[By A. R. Spofford, Librarian of Congress]
+
+Every applicant for a copyright must state distinctly the name and
+residence of the claimant, and whether right is claimed as author,
+designer, or proprietor. No affidavit or formal application is required.
+
+A printed copy of the title of the book, map, chart, dramatic or musical
+composition, engraving, cut, print, or photograph, or a description of the
+painting, drawing, chromo, statue, statuary, or model or design for a work
+of the fine arts, for which copyright is desired, must be sent by mail or
+otherwise, prepaid, addressed, "Librarian of Congress, Washington, D.C."
+This must be done before publication of the book or other article.
+
+A fee of 50 cents, for recording the title of each book or other article,
+must be inclosed with the title as above, and 50 cents in addition (or one
+dollar in all) for each certificate of copyright under seal of the
+Librarian of Congress, which will be transmitted by early mail.
+
+Within ten days after publication of each book or other article, two
+complete copies must be sent prepaid, or under free labels, furnished by
+the Librarian, to perfect the copyright, with the address, "Librarian of
+Congress, Washington, D.C."
+
+No copyright is valid unless notice is given by inserting in every copy
+published, "Entered according to the act of Congress, in the year ----, by
+----, in the office of the Librarian of Congress, at Washington," or, at
+the option of the person entering the copyright, the words "Copyright,
+18--, by ----."
+
+The law imposes a penalty of $1*0 [Transcriber's Note: Illegible] upon any
+person who has not obtained copyright who shall insert the notice "Entered
+according to act of Congress," or "Copyright," or words of the same
+import, in or upon any book or other article.
+
+Each copyright secures the exclusive right of publishing the book or
+article copyrighted for the term of twenty-eight years. Six months before
+the end of that time, the author or designer, or his widow or children,
+may secure a renewal for the further term of fourteen years, making
+forty-two years in all.
+
+Any copyright is assignable in law by any instrument of writing, but such
+assignment must be recorded in the office of the Librarian of Congress
+within sixty days from its date. The fee for this record and certificate
+is one dollar.
+
+A copy of the record (or duplicate certificate) of any copyright entry
+will be furnished, under seal, at the rate of fifty cents.
+
+Copyrights cannot be granted upon Trade-marks, nor upon Labels intended to
+be used with any article of manufacture. If protection for such prints or
+labels is desired, application must be made to the Patent Office, where
+they are registered at a fee of $6 for labels and $25 for trade-marks.
+
+Up to 1849 the secretary of state had the care of issuing copyrights. It
+was then assigned to the department of the interior, newly created. In
+1870 it was transferred to the librarian of congress.
+
+
+HOW TO OBTAIN A PATENT.
+
+1. The person desiring a patent must declare upon oath that he believes
+himself to be the inventor or discoverer of the art, machine, or
+improvement for which he solicits the patent.
+
+2. He must also give in writing a definite and minute description of it,
+accompanied by drawings to illustrate. If necessary, he must make and
+deliver to the commissioner of patents a model of his invention.
+
+To be patentable, the invention must be new, unused and unknown before,
+and useful.
+
+The invention is carefully examined by the appropriate expert at the
+patent office, and if found to be deserving a patent is issued, signed by
+the secretary of the interior, countersigned by the commissioner of
+patents, and sealed with his seal. This gives the patentee the sole right
+of manufacture and sale and use for seventeen years. The right to make,
+sell, or use the invention may be sold by the patentee. He may assign the
+patent entire, an interest in it, or the exclusive right for a certain
+specified district.
+
+
+HOW AN ALIEN BECOMES A CITIZEN.
+
+1. Declaration of Intention.--An alien, who has come to the United States
+after reaching the age of eighteen, may appear before any court of record
+in the United States having common law jurisdiction, or the clerk thereof,
+and declare upon oath that it is _bona fide_ his intention to become a
+citizen of the United States, and to renounce forever "all allegiance to
+any foreign prince, potentate, state, or sovereignty whatever," and
+particularly by name the potentate or sovereignty whereof such alien may
+at any time have been a citizen or subject. This declaration is recorded,
+and a certified copy of it is furnished by the clerk of the court to the
+person so declaring his intention. He is then said to have his "first
+papers." See page 290. 2. The Final Step.--After two years from the time
+of declaring his intention, provided that he has resided in the United
+States continuously for five years, and also at least one year within the
+state or territory wherein the court is held, he may appear in open court
+and there upon oath renounce all allegiance, as declared in his statement
+of intention, and swear to support the constitution of the United States.
+If he has borne any hereditary title, he must renounce it. He must have
+two witnesses to certify to his residence and to his moral character.
+These proceedings are recorded, and he is given a certificate of
+naturalization. See page 201.
+
+An alien arriving in the United States before reaching the age of eighteen
+and continuously residing therein until making his application for
+citizenship, provided that he has resided in the United States five years,
+may on coming of age be admitted to citizenship at once, without the
+interval between the declaration and the consummation. He must, however,
+make declaration, must prove his moral character by two witnesses, and
+must satisfy the court that for three years it has been _bona fide_ his
+intention to become a citizen of the United States.
+
+Status of Minors.--The naturalization of a man confers citizenship upon
+his wife and upon such of his children as are minors at the time. A child
+of his born in this country, either before or after his naturalization, is
+a "natural-born" citizen. This is also the case if the child is born on
+the ocean while the parents are coming to this country, provided that they
+are coming with the intention of seeking citizenship. If an alien dies
+after declaring his intention, his wife and minor children may become
+citizens upon taking the oath required.
+
+Losing Citizenship.--By treaties with Austria, Baden, Bavaria, Belgium,
+Great Britain, Germany, the Grand Duchy of Hesse, Mexico, Norway and
+Sweden, Denmark, and Wurtemberg, it is provided that "a renewal of
+domicile in the mother country, with the intent not to return (and two
+years residence is presumptive evidence of such intent), shall work
+renewal of the former allegiance."
+
+In some of the treaties it is further provided that when the subject has
+emigrated to avoid military duty, "the right to exact which was complete
+before his departure, such service may be enforced on his return in spite
+of intervening naturalization." (See also U.S. Revised Statutes of 1878,
+§§ 2165-74.)
+
+
+HOW CITIZENS ABROAD ARE PROTECTED.
+
+One of the things that makes citizenship desirable is the protection which
+it secures. This is particularly grateful when one is in a foreign
+country. What a feeling of strength and security one has when far away
+from home among strangers to know that his rights must be respected, to
+realize that behind him is the might of the nation!
+
+Passports.--A United States passport is an instrument in writing, issued
+by the secretary of state and under his seal, informing the world that the
+bearer is a citizen of the United States, that he travels under its
+protection. That passport is a means of identification for the bearer and
+secures to him all the rights and privileges guaranteed to citizens of the
+United States by treaties with the country in which he may be traveling.
+
+Passports, as a means of ingress or egress, are now required in only a few
+countries of Europe. For the convenience of citizens who may have left
+home without securing passports, arrangements have been made whereby they
+may be obtained from our representatives in foreign countries.
+
+Another kind of passport is that for American ships. Each ship-master
+obtains one before leaving for a foreign port. It tells the nationality of
+the ship, shows that she is under the protection of the United States.
+
+Consuls.--These are the business representatives of the government
+residing in foreign lands. They are "the guardians of their countrymen
+against the vexations, injuries, and injustices of the country where they
+reside; and they exercise certain police powers over all the individuals
+of their nation" within their respective consulates.
+
+The origin of consulates dates back to the time of the Crusades. They were
+instituted by the great commercial cities of the Mediterranean. The
+Pisans, Venetians, and Genoese had trading-places in various parts of
+Asia, and they secured from the princes of the countries where these
+trading-posts were located the right to have judges or arbitrators of
+their own nation located at each of these posts who were privileged to
+settle disputes between citizens of these cities in accordance with their
+own laws. At first, then, the consuls were only arbitrators in commercial
+matters. But their prerogatives have increased until now they are
+intrusted with the protection of merchants of their country in their
+relations with the countries to which they come to trade.
+
+In some countries, such as China, Japan, Siam, and Turkey, our consuls are
+by treaty invested with judicial powers. They try and punish American
+citizens for crimes committed there.
+
+Incidentally it is the duty of a consul to provide for sick, disabled or
+destitute American seamen, and to send them home to the United States; to
+receive and take care of the personal property of any American citizen who
+dies within his consulate, and to forward to the secretary of state the
+balance remaining after the necessary funeral expenses, to be held in
+trust for the heirs. (See also page 350.)
+
+Some of the consular reports contain very valuable information regarding
+the products and industries of the countries where they are located. These
+reports can sometimes be obtained in limited numbers through a member of
+congress.
+
+
+HOW WE ARE PROTECTED AT HOME.
+
+Life.--Our lives are protected very carefully, not only against crime, but
+also against accident. Taking human life is made the worst crime and
+suffers the severest punishment. Death-dealing weapons, such as revolvers
+and dirks, cannot lawfully be carried concealed. Poisons are cautiously
+sold, and usually a record is made of the sale. If death results from
+accident the person to blame is held responsible. But every precaution is
+taken to prevent accidents. Lamps are provided for streets; fast driving
+is prohibited; horses are not allowed to be left standing unhitched;
+business dangerous to life, such as powder-making, must be carried on at a
+distance from residences; railroads are required to stop trains at
+crossings, to ring a bell in going through a town, to carry axes and
+buckets to be used in case of fire; steamboats must be inspected, and must
+be supplied with life-boats, life-preservers, and other appliances.
+
+Health.--To protect our health precautions are taken against the outbreak
+of preventable diseases, such as diphtheria, typhoid fever, etc., by
+requiring cleanliness in yards and alleys; and against small pox by
+requiring vaccination. The government also supports hospitals for the care
+of the sick.
+
+Reputation.--To secure to each person as good a reputation as his
+character will warrant it is made a crime to make false and malicious
+statements about any one. If spoken, the malicious statement is called
+slander; if written or printed, it is called libel. The essential elements
+of these crimes are malice and injury. If a false statement is made
+without intent to injure, it is not slander. And a true statement injuring
+another must not be made except for a proper purpose.
+
+Liberty.--This includes all those rights guaranteed in the Bills of Rights
+of the several constitutions, and the right to come and go without
+restraint, the right to choose a vocation and to change it, and other
+rights. To appreciate the protection received in this direction, the
+student should read up the history of each of the guarantees, and of
+caste, curfew, passports, etc.
+
+Property.--"The right of private property covers the acquiring, using, and
+disposing of anything that a person may call his own, including time and
+labor." A person's property rights may be interfered with in so many ways
+that many laws are necessary to protect him. A brief outline of commercial
+law is given elsewhere.
+
+
+HOW ELECTIONS ARE CONDUCTED.
+
+Electors.--The voters of each state are designated by the constitution
+thereof. See page 298.
+
+Time.--The time of elections is usually also a matter of constitutional
+provision. The local (town, village, and city) elections are, in most if
+not all of the states, held in the spring; probably because the public
+improvements contemplated are to be made chiefly in the summer. The
+general elections are held in the fall. This may be partly at least, in
+order that the official year may begin with the calendar year.
+
+Place.--Towns, villages, and city wards are the usual election precincts,
+but any of these may be divided if necessary. The location of the
+polling-place is determined by the convenience of the voters.
+
+Supervision.--Each polling-place is in charge of supervisors of election,
+usually three. In towns and villages, the regular trustees supervise the
+elections. In cities, three persons for each precinct are appointed to act
+by the council or by the mayor. The supervisors are assisted by one or two
+clerks.
+
+Registration.--To prevent fraud, it is required that a person shall have
+been a resident of the precinct in which he offers to vote for at least
+ten days. In the cities, where population fluctuates greatly, it has been
+found necessary to require voters to register before the day of election;
+that is, to enroll their names and places of residence with the officers
+of election.
+
+Notices.--Due notice of the times and places of registration and election
+is given, at least ten days in advance.
+
+Voting.--This is by ballot, the two chief reasons being, (_a_) to permit
+the voter to express his choice uninfluenced by any one else; (_b_) to
+facilitate the voting.
+
+The voter hands to the chairman of the supervisors his ballot, folded so
+as to conceal the names. After ascertaining from the other supervisors
+that the name of the person offering the vote is registered, or being
+satisfied in some other way that he is entitled to vote, the chairman, in
+the presence of the voter, deposits the ballot in the box. The voter's
+name is then checked on the register, and enrolled by the clerks on the
+"list of persons who have voted."
+
+Counting.--Each name as it is written by the clerks is numbered, and the
+supervisors in checking the register do so by writing the number of the
+vote. At the close of the polls, therefore, the number of persons who have
+voted is known. The ballots are then turned out of the box upon a table,
+and, without being unfolded, are carefully counted, to see whether they
+correspond in number with the records. If, as once in a while happens, it
+is found that there are too many ballots, those in excess are drawn
+hap-hazard from the pile by the supervisors and destroyed. The ballots are
+then unfolded, and the count of the persons voted for is carefully made
+and recorded. These proceedings are all open to the public.
+
+Reporting.--In local elections, the result of the vote is read by a clerk
+to those present. An abstract of the vote is filed in the office of the
+clerk of the corporation, and a list of the persons elected is sent to the
+auditor (clerk) of the county. The names of the justices of the peace and
+the constables are reported to the clerk of the court.
+
+In general elections, the abstract of the vote is sent to the county
+auditor. He makes a general abstract of the vote of the county on state
+officers, members of congress, and presidential electors, and sends it to
+the state auditor. He also sends to the same officer a list of the persons
+elected to county offices. An abstract of the vote is published in one or
+more of the county papers.
+
+Canvassing Boards.--The persons composing these boards are designated by
+statute. The secretary of the organization is always a member. He is
+usually assisted by two or more judicial officers.
+
+Certificates of Election.--These are furnished to officers-elect by the
+secretary of the organization. Certificates of members of congress and
+presidential electors are signed by the governor and the secretary of
+state, and are authenticated by the state seal.
+
+Defects.--With all the thought that has been given to the subject, it is
+still an unsolved problem how to secure "a free vote and a fair count." Of
+the two purposes given above to be subserved by the use of the ballot
+rather than by _viva voce_ voting, the first is too commonly not realized.
+Perhaps the greatest danger to our government is bribery or overawing of
+the voter.
+
+A remedy suggested.--The main reliance for the purity of the ballot must
+of course be the intelligence and uprightness of the people, and he who
+enlightens and uplifts one or more individuals is to that extent truly a
+patriot.
+
+The second reliance is the removal of temptation. There may be "honor
+among thieves," but wrong doing makes a person suspicious, and if the
+briber cannot see the bribed deposit his ballot he has no good reason for
+believing that he did as directed.
+
+In Australia they have a plan which seems to obviate bribery, and to have
+certain other incidental advantages. The plan includes two main features:
+1. The printing of ballots at state expense, the ballots to contain all
+the nominees of all the parties and appropriate blank spaces for the
+insertion of other names; 2. The secret preparation of the ballot by the
+voter and his casting it in the presence of the officers only. The
+operation of the plan slightly modified, as now proposed in Massachusetts,
+is briefly this: In the polling room as now, is the ballot-box; this none
+but those in the act of voting and the officers are allowed to approach.
+As the voters enter the enclosed area a stile numbers them, and an officer
+hands each a ballot, containing the names of all nominees. The voter takes
+this into a booth, and makes a cross in ink opposite the name of each
+person that he wishes to vote for. Having thus prepared his ballot alone,
+he deposits it in the usual way.
+
+The advantages promised by this plan are obvious. The printing of the
+ballots at state expense would do away with one of the pretexts for
+bleeding a candidate for "legitimate expenses." It would take their
+occupation from the ticket-peddlers, and do away with the deceiving
+"pasters." The electors would be freed from the nuisance of personal
+solicitation or dictation. The polling-places would be quieter and more
+orderly. Best of all, it would greatly minify the evils of bribery for
+reasons given above.
+
+The principle is certainly a good one, and the machinery is worthy of the
+careful consideration of our legislators.
+
+Later: This system is now used in several states.
+
+
+WHY AND HOW NOMINATIONS ARE MADE.
+
+A political party may be defined as a number of persons holding similar
+views in relation to one or more questions of public policy, and who
+through unity of action seek to have these views prevail.
+
+The great instrument for securing unity is the convention. It may be a
+mass meeting, or, as is more usual among the large and well-organized
+parties, a convention of delegates. In either case it is, be it
+remembered, not a part of the elective machinery designed by the
+legislature, but a political device to increase the chances of victory
+through unity of purpose and action.
+
+Party organization consists of "committees"--town, village, city-ward,
+county, state, and national. The local committees are chosen by the
+resident partisans; the county committees by the county conventions; the
+state committees by state conventions; and the national committee,
+consisting usually of one member from each state, by the delegates of the
+respective states to the national convention. Each committee chooses its
+own chairman and secretary. Besides those mentioned, there are district
+committees, such as congressional-district committees, senate-district
+committees, etc., whose members are appointed in a manner similar to that
+given above. The term of a member is, as might be expected, from the close
+of one regular convention to the close of the succeeding one.  Thus a town
+committeeman's term is one year, while that of a national committeeman is
+four years.
+
+The mode of nominating a candidate for the presidency of the United States
+will illustrate the way of making nominations in general.
+
+1. By long-established practice, each state is entitled to twice as many
+delegates to the national convention as the number of its presidential
+electors, and each territory to two delegates. Thus, Minnesota being
+entitled to nine electors, may send eighteen delegates: and New York,
+having thirty-six electors, is entitled to seventy-two delegates. Each
+delegate has an alternate, who acts in the delegate's absence.
+
+2. Though the popular election does not take place until November, the
+national conventions are usually held in June or July. This is probably to
+allow plenty of time for the campaign.
+
+3. To allow the machinery time to grind out the delegates, the national
+committee, having early determined upon the time and place for holding the
+convention, issues its "call" some months in advance, say in February or
+March. This is published in the newspapers throughout the country.
+
+4. The next step in the process is the issuance of calls by the several
+state committees. These are issued as soon as practicable after that of
+the national committee, and usually appoint the state convention for the
+latter part of May.
+
+5. In some states all of the delegates to the national convention are
+chosen by the state convention. But the number of states is increasing,
+and properly so, in which each congressional district chooses its own two
+delegates, leaving only the four "delegates at large" to be chosen by the
+state convention. In these states, the next step is the call of the
+district committee for a convention slightly antedating that of the state.
+
+6. As soon as practicable after the district call is announced, the
+several county committees issue their call for county conventions, to be
+held shortly before the district convention.
+
+7. Lastly, the local committees issue their calls, usually giving a week
+or ten days' notice. The local convention is called a "caucus."
+
+8. Then in succession the local, county, district, state, and national
+conventions are held. The caucuses send representatives to the county
+conventions, which in turn choose the deputations to the district and
+state conventions, and these finally select the delegates to the national
+convention. An equal number of "alternates" are chosen at the same time.
+The state convention also names the presidential electors to be supported
+by the party.
+
+Thus the national convention is the first to be called and the last to be
+held, while the caucuses are the last to be called and the first to be
+held. The caucuses are the real battling-place for the people.
+
+The delegates from each convention receive certificates of election signed
+by the chairman and secretary thereof. These "credentials" are given to
+prevent fraud, and constitute the delegates' title to seats in the
+convention to which they are sent.
+
+The first step taken in the national convention, after securing a
+"temporary organization," is the appointment of a committee on credentials
+and another on permanent organization, by the temporary chairman. When the
+former committee reports, it is known who are entitled to participate in
+the proceedings; and when the latter committee reports, the convention
+almost invariably adopts the report and thereby perfects its organization.
+A committee on rules and one on platform are then appointed.
+
+The states are then called in alphabetical order, and each one that cares
+to, presents to the convention the name of her "favorite son." Thus in the
+republican convention of 1860, when Illinois was called, the name of
+Abraham Lincoln was presented; and when New York was called, the name of
+William H. Seward was presented, and so on.
+
+When the "roll of the states" is completed, the balloting begins. In the
+republican convention, nomination is by majority vote; in the democratic,
+it takes a two-thirds vote to nominate.
+
+The vice-president is then nominated in a similar manner.
+
+After adopting a platform the convention adjourns.
+
+
+HOW CONGRESS IS ORGANIZED. [Footnote: See also Among the Lawmakers,
+chapter III. ]
+
+Though the senate is quite a permanent body, two-thirds of its members
+holding over from one congress to another, its committees are reorganized
+at the beginning of each congress.
+
+The terms of all members of the house of representatives expire March 4 of
+the odd-numbered years, and, though many of the old members are
+re-elected, the house must be reorganized at the beginning of each
+congress. The mode of organizing the house is briefly as follows:
+
+1. At the first session, the house is called to order by the clerk of the
+preceding house, who then calls the roll of members-elect [Footnote: The
+members-elect have previously sent him their certificates of election,
+received from the state canvassing board.] by states. If a quorum is found
+to be present, the clerk declares it to be in order to proceed to the
+election of a speaker. The vote is _viva voce_ on the call of the roll,
+each member when his name is called pronouncing the name of his choice for
+speaker. Election is by majority of the votes given. The result is
+declared by the clerk, who "then designates two members (usually of
+different politics, and from the number of those voted for as speaker) to
+conduct the speaker-elect to the chair; and also one member (usually that
+one who has been longest in continuous service a member of the house) to
+administer to him the oath required by the constitution." [Footnote:
+Manual of the House of Representatives.]
+
+The speaker then administers the oath to the members, in groups of about
+forty, all standing in line before the speaker's desk.
+
+3. The organization is completed by the election of a clerk, a
+sergeant-at-arms; a doorkeeper, a postmaster, and a chaplain. The vote is
+_viva voce_, and the term is "until their successors are chosen and
+qualified"--usually about two years, though all are subject to removal at
+the will of the house.
+
+The delegates from the territories are then sworn in.
+
+"At this stage it is usual for the house to adopt an order that a message
+be sent to the senate to inform that body that a quorum of the house of
+representatives has assembled, and that --------, one of the
+representatives from the state of ----, has been elected speaker, and -----
+---, a citizen of the state of ---, has been chosen clerk, and that the
+house is now ready to proceed to business." [Footnote: Manual of the House
+of Representatives.]
+
+Each house then orders a committee of three members to be appointed, the
+joint committee "to wait upon the president of the United States and
+inform him that a quorum of the two houses has assembled, and that
+congress is ready to receive any communication he may be pleased to make."
+[Footnote: Manual of the House of Representatives.] It is in order then
+for the president to forward his message to congress.
+
+The above are the _usual_ proceedings, and they generally occur on the
+first day of the session.
+
+The seating of the members is by lot, except in the case of certain
+members privileged by very long experience or otherwise, who are by
+courtesy permitted to make the first selection. Each member is numbered,
+and corresponding numbers are placed in a box "and thoroughly
+intermingled." Then the numbers are drawn from the box successively by a
+page, the member whose number is drawn first having first choice of seat,
+and so on. This may be done while the committees are waiting on the
+president, as above described.
+
+
+HOW CONTESTED ELECTIONS ARE SETTLED.
+
+"Each house shall be the judge of the elections, returns, and
+qualifications of its own members."--Constitution, I., 5, 5.
+
+A contested election resembles very much in its mode of settlement the
+trial of a civil suit.
+
+1. Within thirty days after the result of the election is made known, the
+contestant must serve upon the person declared elected by the canvassing
+board a notice of intention to contest his seat, and the grounds therefor.
+
+2. Within thirty days of receiving said notice, the member-elect must
+answer it, stating specifically the grounds of his defense, and must serve
+a copy of this answer upon the contestant.
+
+3. Ninety days are then allowed for the taking of testimony--the first
+forty to the contestant, the second forty to the member-elect, and the
+remaining ten to the contestant for testimony in rebuttal.
+
+Testimony may be taken before any United States, state or municipal judge,
+notary public, or by two justices of the peace. The opposite party must
+have due notice of the times and places of taking the evidence; but
+testimony may be taken at several places at the same time. The witnesses
+are summoned by subpoena served in the usual way. The examination of the
+witnesses is by the officer issuing the subpoena, but either party may
+propose questions. The questions and answers are committed to writing, and
+authenticated.
+
+All the papers in each case, certified, carefully sealed, and the
+envelopes indorsed with name of the case, are sent by mail to Washington,
+addressed to the clerk of the house in which is the contested seat.
+
+The matter is referred to the committee on elections. [Footnote: This is
+the oldest of all the committees, having been established at the beginning
+of the first congress.] This committee having carefully considered the
+matter may bring in its report at any time, this being what is known as a
+"privileged question." The decision is by majority vote of the house
+interested.
+
+In the meantime the person who has obtained the certificate of election
+from the state canvassing board is presumed to have been elected, and is
+treated accordingly.
+
+In order that lack of means may not compel a man to submit to a wrong, and
+that the real will of the congressional district as expressed in the
+election may be ascertained, the contestant may be allowed not to exceed
+two thousand dollars for expenses.
+
+
+HOW AN IMPEACHMENT CASE IS CONDUCTED.
+
+"The house of representatives ... shall have the sole power of
+impeachment."--Constitution I. 2: 9.
+
+"The senate shall have the sole power to try all impeachments.'--Ib., I. 3:
+6.
+
+"The president, vice-president, and all civil officers of the United
+States, shall be removed from office on impeachment for, and conviction
+of, treason, bribery, or other high crimes and misdemeanors."--Ib., II. 4:
+17.
+
+The house, having resolved that a certain civil officer be impeached,
+orders that a committee be appointed to notify the senate of the fact; and
+to state that "the house of representatives will, in due time, exhibit
+particular articles of impeachment against him, and make good the same;"
+and to demand that the senate prepare to try the impeachment.
+
+The house then, on motion, appoints a committee (usually of five members)
+to prepare carefully the articles of impeachment. [Footnote: This
+corresponds to the indictment of a grand jury.] The report of this
+committee, having been considered in committee of the whole, is reported
+to the house, with such amendments as seem necessary. If the report is
+agreed to by the house, a committee of five "managers" is appointed to
+conduct the impeachment on the part of the house.
+
+The senate is then notified by the clerk of the house, that the managers,
+naming them, have been appointed, and that the articles of impeachment are
+ready to be exhibited.
+
+The senate having appointed the time when it would resolve itself into a
+court of impeachment notifies the house. At the appointed time the
+managers carry the articles to the senate, and on their return report to
+the house.
+
+The senate then issues a summons to the defendant, ordering him to file
+his answer with the secretary of the senate by a certain day.
+
+On the day appointed, the house, having resolved itself into committee of
+the whole, attends the trial in the senate chamber. The next day the house
+attends similarly, if a reply is to be made to the defendant's answer.
+During the taking of the testimony only the managers attend, the house
+devoting itself to its regular business. When the case is ready for
+argument, the house attends daily, as committee of the whole.
+
+The report of the final action of the senate is made to the house by the
+chairman of the committee of the whole.
+
+In an impeachment trial the senate is both judge and jury. But, for
+convenience, the functions of judge are usually performed by the president
+of the court of impeachment; and a senator may be called upon to testify.
+
+The secretary of the senate corresponds to the clerk of the court, and the
+sergeant-at-arms corresponds to the sheriff in an ordinary court.
+
+"On the final question whether the impeachment is sustained, the yeas and
+nays shall be taken on each article of impeachment separately; and if the
+impeachment shall not, upon any of the articles presented, be sustained by
+the votes of two-thirds of the members present, a judgment of acquittal
+shall be entered; but if the person accused in such articles of
+impeachment shall be convicted upon any of said articles by the votes of
+two-thirds of the members present, the senate shall proceed to pronounce
+judgment, and a certified copy of such judgment shall be deposited in the
+office of the secretary of state." [Footnote: Manual of the United States
+Senate.] Only seven cases of impeachment before the U.S. senate have
+occurred. To save space they are shown in tabular form:
+
+Time Name.           Office.           Charge.         Result.
+1798 William Blount. U.S. Senator     Intrigues with   Case dismissed;
+                      from Tennessee.  Indians.         not an
+                                                        "officer"
+
+1803 John Pickering. U.S. district     Intemperance    Removed from
+                      judge, N.H.       and malfeasance office.[1]
+                                        in office.
+
+1804 Samuel Chase.    Associate Just.   Partiality and  Acquitted.[1]
+                      U.S. Sup. Ct.      injustice.
+
+1830 James Peck.      U.S. district     Abuse of power. Acquitted.
+                       judge, Mo.
+
+1860 West W.          U.S. district     Treason in      Removed and
+      Humphreys        judge, Tenn.      advocating and  disqualified.
+                                         aiding secession.
+
+1868 Andrew Johnson.  President of the  Violation of    Acquitted by
+                       United States.    Tenure of       one vote.
+                                         Office act and
+                                         other crimes.
+
+1876 William W.        Sec'y of war.     Malfeasance in Acquitted.
+      Belknap.                            office and
+                                          accepting
+                                          bribes.
+
+[Footnote 1: See Thomas Jefferson, American Statesmen Series, pp. 259-63.]
+
+
+HOW UNITED STATES SENATORS ARE ELECTED.
+
+"The senate of the United States shall be composed of two senators from
+each state, chosen by the legislature thereof."--Constitution, I. 3: 1.
+
+The time of this election is the second Tuesday after the meeting and
+organization of the legislature. If a vacancy occurs in the senate during
+the session of the legislature, the election occurs on the second Tuesday
+after notice of the vacancy is received by the legislature.
+
+On the day appointed, the roll of each house being called, each member
+responds by naming one person for the senatorship. The result of the vote
+is entered on the journal of each house by the clerk thereof.
+
+The next day at noon, the members of both houses convene in joint
+assembly, and the journal of each house is read. If the same person has
+received a majority of all the votes in each house, he is declared
+elected.
+
+But if no person has received such majority, the joint assembly proceeds
+to choose, by _viva voce_ vote of each member present, a person for
+senator. A quorum consists of a majority of each house, and a majority of
+those present and voting is necessary to a choice.
+
+If no one receives such majority on the first day, the joint assembly
+meets daily at noon, and takes at least one vote, until a senator is
+elected.
+
+A certificate of election is made out by the governor, countersigned and
+authenticated under seal of the state by the secretary of state, and
+forwarded to the president of the senate of the United States.
+
+
+HOW THE ELECTORAL VOTE IS COUNTED.
+
+"The president of the senate shall, in the presence of the senate and
+house of representatives, open all the certificates, and the vote shall
+then be counted."--Constitution, Amendment XII.
+
+The constitution gives no directions as to the manner of counting. No
+trouble was experienced, however, until the Hayes-Tilden election. The
+result of this election depended upon the votes of three states, each of
+which sent in two conflicting sets of certificates. There being no legal
+provision for the settlement of such disputes, the famous electoral
+commission was created to determine which certificates should be counted.
+It consisted of five senators, five representatives, and five justices of
+the supreme court.
+
+The gravity of the danger thus revealed made it obviously necessary that
+some general plan be devised whereby such disputes might be obviated.
+Though consideration of the subject began at once, and various measures
+were from time to time proposed, no satisfactory solution was presented
+until February 3, 1887, when the Electoral Count Bill was passed and
+received the signature of the president.
+
+An outline of the bill is here given, the principal provisions being the
+second and sixth as here numbered.
+
+1. The electors shall meet and vote on the second Monday in January
+following their election. [Footnote: The time of meeting had been the
+first Wednesday in December. The change was made to give time for the
+settlement of any disputes, as provided in the second section.]
+
+2. If there be any disputes as to the choice of the electors, they are to
+be settled in the respective states in the way that each state shall
+determine, provided that the laws governing the matter shall have been
+passed before the election, and that disputes shall have been settled at
+least six days before the time fixed for the meeting of the electors. A
+report of the contest and its mode of settlement shall be made by the
+governor, and forwarded under seal to the secretary of state of the United
+States.
+
+3. As soon as practicable after it shall have been ascertained who have
+been chosen electors, the executive of the state shall transmit under the
+seal of the state to the secretary of state of the United States the names
+of the electors, with an abstract of the popular vote for each candidate
+for elector. The executive shall also deliver to the electors, on or
+before the day of meeting, three copies of said certificate, one of which
+the electors shall enclose with each "list of persons voted for as
+president and vice-president."
+
+4. As soon as practicable after receiving the certificates as aforesaid,
+the secretary of state shall publish them in full in such newspaper as he
+shall designate; and at the first meeting of congress thereafter he shall
+transmit to each house a copy in full of each certificate received.
+
+5. The counting of the vote will take place, as heretofore, on the second
+Wednesday in February following the meeting of the electors. At one
+o'clock in the afternoon the senate and house of representatives meet in
+the hall of the house of representatives, and the president of the senate
+takes the chair.
+
+"Two tellers shall be previously appointed on the part of the senate and
+two on the part of the house of representatives, to whom shall be handed,
+as they are opened by the president of the senate, all the certificates
+and papers purporting to be certificates of the electoral votes, which
+certificates and papers shall be opened, presented, and acted upon in the
+alphabetical order of the states, beginning with the letter A; and said
+tellers, having then read the same in the presence and hearing of the two
+houses, shall make a list of the votes as they shall appear from the said
+certificates; and the votes having been ascertained and counted in the
+manner and according to the rules in this act provided the result of the
+same shall be delivered to the president of the senate, who shall
+thereupon announce the state of the vote, which announcement shall be
+deemed a sufficient declaration of the persons, if any, elected president
+and vice-president of the United States, and, together with a list of the
+votes, be entered on the journals of the two houses."
+
+6. Upon the reading of each certificate the president of the senate asks
+whether there be any objections to it. Objection must be made in writing,
+and must "state clearly and concisely, and without argument, the ground
+thereof." To entitle it to consideration, the objection must be signed by
+at least one senator and one representative.
+
+When all the objections to any paper have been received and read, the
+senate withdraws, and the two houses proceed separately to consider them.
+
+If from any state but one set of electors are certified, and the
+certification has been done as prescribed in section three, the
+certificate cannot be rejected. But if not properly certified, the two
+houses acting concurrently "may reject the vote or votes when they agree
+that such vote or votes have not been so regularly given by those whose
+appointment has been so certified."
+
+If more than one return has been received from any state, those votes only
+shall be counted which have been determined as provided in section two.
+
+If two or more returns appear, each certified by authorities claiming to
+be the lawful tribunal of the state, the vote shall be counted which the
+two houses, acting separately, "concurrently decide is supported by the
+decision of such state so authorized by its laws."
+
+If more than one return comes in from any state, no determination such as
+is prescribed in section two having been made, the two houses concurrently
+decide which, if any, of the votes shall be counted. If in such a case the
+houses disagree, the votes of those electors shall be counted whose
+appointment shall have been certified by the executive of the state.
+
+When the case in question has been disposed of, the joint session is
+resumed and the counting continued.
+
+7. In the joint meeting, the president of the senate has authority to
+preserve order. No debate is allowed, and no question can be put, "except
+to either house on a motion to withdraw."
+
+8. When discussing an objection, in separate session, no member can speak
+more than once, and then for not longer than five minutes. The entire time
+for discussion is limited to two hours.
+
+9. Provision is made for the seating of every one entitled to a seat on
+the floor of the house; and the act declares that "such joint meeting
+shall not be dissolved until the count of electoral votes shall be
+completed and the result declared."
+
+Some time after the passage of the law, it was discovered that a strange
+omission had been made. By the old law, the electors in each state were
+required to appoint a messenger to take one of the certificates of votes
+cast, and deliver it to the president of the senate on or before the
+_first Wednesday_ in January. By the new law the electors do not meet
+until the _second Monday_ in January. The inconsitency was remedied,
+however, by a supplementary act, providing that certificates shall be
+forwarded "as soon as possible," and authorizing the president of the
+senate to send for missing certificates on the fourth Monday in January.
+
+
+HOW FUGITIVES FROM JUSTICE ARE EXTRADITED.
+
+Extradition is "the delivering up to justice of fugitive criminals by the
+authorities of one state or country to those of another." [Footnote:
+Lalor's Cyclopedia of Political Science.]
+
+The duty of extradition between the states of this republic is imposed by
+the federal constitution, IV. 2; and the mode of procedure is prescribed
+by an act of congress passed in 1793. The term "other crimes" used in the
+constitution is generally interpreted "so as to include any offense
+against the laws of the state or territory making the demand." On the
+question whether the executive upon whom demand is made is bound to
+comply, the federal courts have decided that his duty in the matter is
+imperative; that he must deliver up the fugitive, unless the accused shall
+also be under prosecution for breach of the laws of the state to which he
+has fled.
+
+The procedure is this: "The accused must be indicted in the state in which
+the crime was committed, or a charge must be brought against him before a
+magistrate, who, if satisfied that the charge is true, issues a warrant
+for the arrest of the criminal. A copy of the indictment or affidavit is
+forwarded to the executive of the state, and he issues to the executive of
+the state to which the fugitive has gone, a requisition for his surrender.
+If the executive upon whom the requisition is made is satisfied that the
+papers are regular and the proof of the crime sufficient," he issues a
+warrant "for the arrest and delivery of the accused to the agent of the
+state making the demand."
+
+The expense of these proceedings is borne by the state making the demand.
+
+Between nations extradition is regarded as a matter of comity, and is
+based upon special treaty. "In this country, power to make such a
+surrender is conferred upon the executive [Footnote: This of course means
+the president, as states cannot treat with foreign powers.] only where the
+United States are bound by treaty, and have a reciprocal right to claim
+similar surrender from the other power." In relation to the crimes for
+which extradition may be demanded, it may be said in general that they are
+specified in the treaty, and are such offenses as are recognized as crimes
+by both countries. Consequently no two treaties are exactly alike.
+Generally only things wrong in themselves, not things wrong by local
+prohibition, are included. Offenses merely political are not included; and
+"as opinions differ in different countries on what constitutes a political
+crime, the surrendering nation is very properly made the judge of this
+question."
+
+As a corollary to the preceding, it is a well-established rule of
+international law, that the surrendered party can be tried only on the
+allegations for which extradition has been accorded. This principle is
+also generally recognized among the states.
+
+
+HOW A COURT MARTIAL IS CONDUCTED.
+
+A court martial is "a court consisting of military or naval officers, for
+the trial of offenses against military or naval laws."
+
+Courts martial are of three classes, general, garrison, and regimental.
+General courts martial consists of from five to thirteen officers,
+appointed by a general or by the president. Garrison and regimental courts
+martial consist of three officers appointed respectively by the garrison
+and the regimental commanders. Only general courts martial have
+jurisdiction of capital offenses.
+
+There are two marked characteristics of courts martial. First, the accused
+is tried, not as in a civil court by his peers, but by his superiors.
+Second, there is no distinction between judge and jury; the officers
+comprising the court act in both capacities--they determine the fact and
+apply the law. Sentence is by majority vote, except that to pronounce
+sentence of death a two-thirds vote is necessary.
+
+For convenience, one of the officers is designated to act as president by
+the order convening the court. As prosecutor in the case, and also as the
+_responsible_ adviser of the court, a judge-advocate is appointed, usually
+by the same order. The accused is entitled to counsel; but if he is unable
+to obtain any, the judge-advocate "must insist upon all rights belonging
+to the accused under the law and the evidence."
+
+The "findings" of a court martial must in each case be transmitted to the
+convening authority and by it be approved, before being carried into
+execution. "In time of peace, no sentence of a court martial involving
+loss of life or the dismissal of a commissioned officer, and either in
+time of peace or war no sentence against a general officer, can be carried
+into effect without approval by the president of the United States."
+
+The jurisdiction of courts martial extend only over offenses committed by
+persons enlisted in the military or the naval service of the country.
+
+
+WHY AND HOW TERRITORIES ARE ORGANIZED.
+
+The organization of territories in the United States is for two purposes:
+to provide good government while population is sparse, and to encourage
+their development into self-governing commonwealths, and their
+incorporation into the federal system as rapidly as possible. (See page
+217.)
+
+Territories are organized by congress. In the organic act the boundaries
+of the territory are defined, and a system of government is established.
+"The governor and the administrative and judicial officers are appointed
+by the president, but a territorial legislature is entrusted with limited
+powers, subject to the approval of congress."
+
+Each of the several territories may elect one delegate to a seat in the
+United States Congress. The delegate may speak on subjects in which his
+territory is interested, but he cannot vote.
+
+WHY AND HOW THE PUBLIC LANDS ARE SURVEYED.
+
+The public lands are not meant to be held forever by the general
+government. They are designed to be owned and occupied by American
+citizens. To divide the land into pieces and thus to facilitate the
+description and the location of any piece, is the principal purpose of the
+survey. Incidentally the portions six miles square serve as bases for the
+political divisions called towns, and this was part of the original plan.
+
+The "old thirteen" and Maine, Vermont, Kentucky, Tennessee, and West
+Virginia were surveyed in a very irregular way. Lands were described as
+bounded by lines running from stumps to stones, thence to a creek and down
+the main channel thereof. In 1785, a committee of the continental congress
+was appointed, with Thomas Jefferson as chairman, to devise a simple and
+uniform mode of surveying the public lands in what was about to be
+organized as the Northwest Territory.
+
+The most noticeable peculiarity of the system is that it is rectangular. A
+prime meridian is first determined, then a baseline crossing it at right
+angles. Then from points on the baseline six miles and multiples thereof
+from the meridian, lines are run due north. And parallels to the base-line
+are run at distances of six miles. The approximate squares thus formed are
+called townships. The rows of townships running north and south are called
+ranges. Townships are numbered north and south from the base-line; ranges
+east and west from the meridian. The diagram on page 341 illustrates the
+system.
+
+Since meridians all terminate at the poles, the lines between ranges,
+being meridians, gradually approach each other as they go northward. The
+lines, then, soon become so much less than six miles apart that a new
+beginning has to be made. The parallel upon which this correction is made
+is naturally called the correction line. Corrections were at first made
+every thirty-six miles, but they are now made every twenty-four miles.
+
+The first prime meridian starts at the mouth of the Great Miami and forms
+the western boundary of Ohio. The second prime meridian begins at the
+mouth of Little Blue Creek, in Indiana. The third, at the mouth of the
+Ohio; the fourth at the mouth of the Illinois; and the fifth at the mouth
+of the Arkansas. [Illustration: RANGES AND TOWNSHIPS] [Illustration: The
+numbering of sections in a township.] [Illustration: Divisions of a
+section.] The first prime meridian has several base-lines. The base-line
+of the second meridian crosses it about twenty-four miles north of its
+point of beginning, and the base-line of the third is a continuation of
+that of the second. The principal base-line of the fourth meridian
+coincides with the southern boundary of Wisconsin. It has also a short
+base-line about six miles north of Quincy, Ills. The base-line of the
+fifth meridian is just south of Little Rock, Ark.
+
+From the first meridian most of Ohio is surveyed; from the second, Indiana
+and the eastern twenty-four miles of Illinois; from the third, the rest of
+Illinois, except a small portion north of Quincy; from the fourth, the
+portion of Illinois just referred to, all of Wisconsin, and that part of
+Minnesota east of the Mississippi; from the fifth, Arkansas, Missouri,
+Iowa, Minnesota west of the Mississippi, and the Dakotas east of the
+Missouri.
+
+The sixth coincides with meridian 97° 22', west of Greenwich. From it are
+surveyed Kansas, Nebraska, Dakota south and west of the Missouri, Wyoming,
+and all of Colorado except the valley of the Rio Grande del Norte.
+
+Michigan, Florida, Alabama, Mississippi, and the states and territories in
+the far west are surveyed from special meridians.
+
+
+HOW TO SECURE PUBLIC LANDS.
+
+As a general rule, only surveyed lands are subject to entry. Under the
+mineral land laws, however, claims can be located upon unsurveyed lands.
+
+The public lands are divided as to price into two classes: those whose
+minimum price is $1.25 per acre and those whose minimum is $2.50 per acre.
+The latter, usually called "double minimum lands," are in most cases the
+alternate sections reserved in railroad or other public land grants. In
+some cases Indian reservations restored to the public domain have been
+rated differently, the price varying from below the single minimum to
+above the double minimum.
+
+The remaining public lands are subject to entry under the homestead law,
+the desert land law, and the timber and stone act; by the location of
+scrip; and as town-site entries. Mineral lands are subject to entry only
+under the mining laws; and special laws provide for the disposal of coal
+lands and lands containing petroleum. Any person who is the head of a
+family or is over twenty-one years old, and who is a citizen of the United
+States, or has declared his or her intention to become such, may enter 160
+acres of land without cost, except the land-office fees provided by law,
+inhabiting, cultivating, and making actual residence thereon for the
+period of five years; or such a settler may at the expiration of fourteen
+months from date of settlement commute the entry by paying the government
+price for the land.
+
+No part of the public domain is now (since 1889) subject to private cash
+entry, except in the state of Missouri and in cases where Congress has
+made special provision therefor. The preemption and timber culture laws
+were repealed in 1891. It has also been provided that no public lands of
+the United States shall be sold by public sale, except abandoned military
+reservations of less than 5,000 acres, mineral lands and other lands of a
+special nature, and isolated tracts that have been subject to homestead
+entry for three years after the surrounding land has been disposed of.
+
+
+HOW SLAVERY WAS ABOLISHED IN THE SEVERAL STATES.
+
+The slave _trade_ was prohibited by congress in 1808. From that time on it
+was a felony to bring slaves into the United States.
+
+Slavery never legally existed in the states carved out of the Northwest
+Territory. It was forbidden by the ordinance of 1787.
+
+Vermont abolished it in forming her state constitution in 1777. [Footnote:
+Before her admission into the Union.]
+
+Massachusetts, by constitution, 1780.
+
+Pennsylvania, gradual abolition by statute, began in 1780; had 64 in 1840.
+
+New Hampshire, by constitution, 1783.
+
+Rhode Island and Connecticut, gradual abolition, 1784.
+
+New York began in 1799, finished July 4, 1827.
+
+New Jersey began in 1804, but had 18 in 1860.
+
+By the Missouri compromise, 1820, slavery ceased "in all that territory
+ceded by France to the United States, under the name of Louisiana, which
+lies north of 36 degrees and 30 minutes north latitude," [Footnote: Thomas
+amendment to act for admitting Missouri.] except Missouri. This part of
+the act was, in the Dred Scott case, declared by the supreme court to be
+invalid, still a provision forbidding slavery found its way into the
+constitution of each of the states afterward seeking admission.
+
+By the emancipation proclamation, Jan. 1, 1863, the slaves of those in
+arms against the United States were declared free.
+
+The thirteenth amendment, adopted 1865, abolished slavery in all parts of
+the United States.
+
+
+HOW VOTING IS DONE IN LEGISLATIVE BODIES. [Footnote: See also Among the
+Lawmakers, pp. 168-70.]
+
+Acclamation.--The most common way of voting on ordinary questions is by
+acclamation; that is, when a question is put those in favor of it say
+"aye," and then those opposed say "no." In this case, a majority of those
+voting prevails. This is sometimes called voting _viva voce._
+
+Division.--If the presiding officer is uncertain as to which side is in
+the majority, he may call for a division, or this may be demanded by any
+member. Then those voting in the affirmative stand and are counted, after
+which those voting in the negative do similarly.
+
+Yea and Nay.--On important questions in congress, or on any question by
+demand of one-fifth of the members, the vote is by "yeas and nays" that
+is, the roll is called, and each member responds "yea" or "nay." In some
+states, including Minnesota, _all bills_ must be voted on in this way, and
+must receive a majority of the total membership in order to pass.
+
+
+HOW LAWS ARE MADE. [Footnote: The Minnesota process, given as a type.]
+
+Framing a Bill.--A bill is a proposed law. The framing or drawing up of a
+bill may be done by any person. For instance, a citizen desiring
+legislation on any matter may formulate a bill for consideration by the
+legislature. But many requests for legislation come in the form of
+petitions, in which case the member to whom the matter is committed by the
+petitioners usually frames the bill. Many bills originate in committee,
+some of them as substitutes.
+
+Bringing in.--At the time set in the daily order of business for
+introducing bills, the member announces his bill by title, which should
+indicate the matter considered therein, and sends it to the clerk's desk.
+
+First Reading.--No bill can pass without at least three readings. When a
+bill is first presented, the clerk reads it at the table, and hands it to
+the speaker, who, rising, states to the house the title of the bill, and
+that this is the first reading of it.
+
+Commitment.--Unless objection is made, the bill, if not one which has been
+formulated by a committee, is then referred for careful consideration to a
+committee, standing or special. The number of subjects coming before a
+legislative body is too great to permit the initial consideration of each
+by the whole body. It is a note-worthy fact that our lawmaking is
+virtually committee legislation. All bills for appropriating money shall
+before passage be referred to the finance committee.
+
+Second Reading.--When reported favorably by the committee, with
+amendments, such amendments must be read in full, and if they are adopted
+the bill passes to its second reading, which is by title only. If the bill
+is of a general nature, it is printed and placed on the General Orders or
+list of bills ready for consideration by the committee of the whole.
+
+Committee of the Whole.-This consists of the entire membership of the
+house. Its work is to perfect bills before they come up for final passage.
+To this end great freedom of debate is permitted. This is the last
+opportunity to offer amendments, except by unanimous consent. When the
+house resolves itself into committee, the regular presiding officer leaves
+the chair after designating a member to act as chairman. When the
+committee rises, the presiding officer resumes the chair and the chairman
+of the committee reports its action. Bills reported favorably are
+engrossed, that is, rewritten neatly as amended, and are placed on the
+Calendar, or list of bills ready for third reading.
+
+Third Reading.--This is in full, and the question is on the passage of the
+bill. If passed the bill is sent to the other house, with the announcement
+that it has passed the first house.
+
+Action in other House.--The bill is treated in the other house as in the
+first. If passed, it is returned similarly to the house in which it
+originated. If passed with amendments, these are considered.  ENROLLMENT.--
+When it has passed both houses, the bill is plainly and accurately written
+on parchment, under supervision of the committee on enrolled bills.
+
+SIGNING.--The enrolled bill is signed by the presiding officer of each
+house, and, if he approves it, by the executive.
+
+DISPOSITION.--The bill is then carried by the executive to the secretary
+of state, who deposits it among the archives. Copies are made for
+publication. [Footnote: Read Among the Lawmakers, pp. 60-64.]
+
+
+
+
+APPENDIX D.--SOME PRINCIPLES OF INTERNATIONAL LAW.
+
+
+Nature and Origin.--A savage meeting in the forest a person whom he has
+never seen before is apt to look upon him as a foe. As civilization
+increases, danger to one's personal rights decreases, and stranger ceases
+to mean enemy. It has gradually come about that the confidence and
+courtesy shown to one another by men in their individual relations have
+extended to the relations of states. Morality, reason, and custom have
+established among the nations certain rules of conduct with respect to one
+another. The rules constitute what is called international law.
+
+As might be guessed, international law is a matter of comparatively recent
+origin, and exists only among the most highly civilized nations. Not being
+the enactment of any general legislative body, having no courts competent
+to pass upon it nor executive to enforce its provisions, this law must be
+framed by agreement, and its carrying out must rest upon national good
+faith.
+
+
+PEACE RELATIONS.
+
+The great purpose of international law being to preserve peace by removing
+the causes of war, we shall first consider some of the arrangements
+operative in times of peace.
+
+Non-interference.--Among individuals it is found that, as a rule, it is
+best for each person to mind his own business. Similarly, among nations
+non-interference by one with the internal affairs of another is a cardinal
+principle. It is, therefore, a general rule that a people may adopt such
+form of government as they choose, and that whenever they wish they may
+amend or entirely alter it. [Footnote: A change in the form of government
+does not release the nation from prior obligations.] And the government
+formed has a right to operate without dictation from other powers. Nor has
+any foreign nation a right to inquire _how_ the government has come into
+being; sufficient that it _is_ the government.
+
+This right of a nation to manage its own affairs is called _sovereignty_.
+It belongs to a small independent nation as completely as to a large one.
+The act of one government in acknowledging the validity and sovereignty of
+another is called _recognizing_ it. (See page 349, last paragraph.)
+
+It is sometimes a delicate question to determine whether to recognize a
+community as a nation or not. Thus, if a dependency is seeking to become
+independent, our personal sympathies are naturally with it, and yet it
+might be contrary to the law of nations, an "unfriendly act" to the
+sovereign power, for our government to recognize its independence. During
+the struggle of the Spanish-American colonies for separate political
+existence, John Quincy Adams, then (1822) secretary of state, formulated
+the proper rule of action thus: "In every question relating to the
+independence of a nation two principles are involved, one of right and the
+other of fact, the former exclusively depending upon the determination of
+the nation itself, and the latter resulting from the successful execution
+of that determination ... The government of the United States yielded to
+an obligation of duty of the highest order by recognizing as independent
+states nations which, after deliberately asserting their right to that
+character, have maintained and established it against all the resistance
+which had been or could be brought to oppose it. This recognition is ...
+the mere acknowledgment of existing facts." [Footnote: Wharton's
+International Law Digest, Volume I., page 162.]
+
+Although sovereignty implies the right of a government to enter freely
+into such relations with any other nation as may be mutually agreeable,
+the nations of Europe feel at liberty in self-defense to interfere with
+any arrangements that threaten the "balance of power." Thus France would
+feel justified in opposing a very close alliance between Prussia and
+Spain.
+
+It is our good fortune not to have any dangerous neighbors. We are
+reasonably sure of peace so long as we act in accordance with the counsel
+of Washington, "Friendly relations with all, entangling alliances with
+none."
+
+Jurisdiction.--It is clear that the authority of a nation properly extends
+over the land within its borders and over its inland waters. It is equally
+clear that no nation should have exclusive jurisdiction over the ocean. It
+is generally understood that a nation's authority extends out into the sea
+a marine league from shore. But difficulty is encountered in determining a
+rule of jurisdiction over bays, straits, wide-mouthed rivers and other
+coast-waters. Shall the United States of right freely navigate the St.
+Lawrence to its mouth, and the British the Yukon? Should Denmark receive
+tribute of ships passing through the sounds to the Baltic, and may Turkey
+prohibit foreign war vessels from passing through the Bosphorus? Is the
+mouth of the Amazon part of the "high seas?" Is Hudson's Bay? Is Delaware
+Bay? The difficulty is to formulate a rule that shall not unnecessarily
+abridge commercial freedom but shall still have due regard to national
+defense. The question at large is not settled yet, but it seems to be
+agreed that in the cases of bays not more than ten miles wide at the
+mouth, the marine league shall be measured from a straight line joining
+the headlands.
+
+"The United States cannot purchase a grant of land in, or concession of
+right of way over, the territories of another nation, as could an
+individual or a private corporation."
+
+Intercourse.--While as an act of sovereignty a nation may shut out from
+its borders any or all of the rest of mankind, intercourse is so natural
+and is usually so mutually profitable that such prohibition is almost
+unknown among civilized nations. Intercourse is regulated in different
+nations in various ways. Some limit or control it by a passport system;
+some by special supervision of strangers; some by a protective tariff;
+others by giving to one nation commercial privileges not given to another.
+
+Among the general rules that govern intercourse are these: Aliens are
+entitled to protection from violence for themselves and their property.
+They are amenable to the laws of the country in which they are sojourning,
+except in certain oriental and other partly civilized countries. Aliens
+may expatriate themselves and may become naturalized in the land of their
+adoption. "The right of emigration is inalienable; only self-imposed or
+unfulfilled obligations can restrict it." [Footnote: Heffter, quoted, in
+Woolsey's International Law.]
+
+The principle that crime should be tried and punished where committed
+stands in the way of the trial of a culprit who has escaped to another
+country. But for mutual protection most of the civilized nations have
+treaties for the extradition of criminals. The United States have
+extradition treaties with over twenty countries. (See How Criminals Are
+Extradited, page 337.)
+
+Ambassadors and Consuls.--We have considered briefly the rights and duties
+of individual sojourners in foreign lands. Let us now consider the modes
+and means of intercourse between the governments themselves.
+
+Formerly when a nation wished to come to an understanding with another it
+sent a special messenger clothed with necessary authority to act; but for
+about two hundred years these representatives have, as a rule, taken up
+their residence at the capitals of the countries to which they are sent.
+
+There are various grades of these ambassadors. Ours in order of rank are
+ambassadors, envoys-extraordinary and ministers plenipotentiary, ministers
+resident, envoys, charges d'affaires, and, temporarily, secretaries of
+legation.
+
+"Ambassadors [including all of the above] always and everywhere have had
+special immunities and often something of a sacred character ... Neither
+public authority nor private persons can use any force, or do any violence
+to him, without offending against the law of nations." [Footnote: Except
+that if necessary for self-defense, passive resistance may be made.] This
+immunity extends to his house, furniture, and attendants. Except in
+extreme cases, he is exempt from civil or criminal process.
+
+These diplomatic agents are appointees of the executive. Official
+communications with the president are made through the secretary of state.
+"In all negotiations between nations, sovereign should always speak to
+sovereign and minister to minister."
+
+A country may decline to receive _any_ ambassador from a certain nation;
+and this may be necessary in case of a civil war in which two parties
+claim to be the legal authorities, because receiving the ambassador of one
+party would be equivalent to recognizing it as the legitimate authority.
+And it may, without offense, decline to receive a _particular_ ambassador,
+on account of some objection to him personally. It may also decline to
+treat with a minister who has so deported himself as to become
+distasteful.
+
+When an ambassador arrives at the capitol of the country to which he is
+sent, he seeks an interview with the secretary in charge of foreign
+affairs and delivers to him a copy of his credentials. Afterwards on a day
+appointed for the purpose, the secretary presents him to the executive
+(sovereign or president), to whom he delivers the original commission.
+
+Ambassadors of all grades are expected to avoid all interference with
+political movements in the countries where they are stationed.
+
+Consuls are the commercial agents of a country. They are stationed at the
+principal ports of the world. Their chief functions are:
+
+1. To furnish their government information that may be of service in the
+commercial relations of the countries.
+
+2. To settle disputes between masters and crews of merchant vessels in the
+port sailing under the protection of the flag of the consul's country.
+
+3. To reclaim deserters from vessels, and provide for destitute seamen.
+
+4. In some non-Christian lands to act as judge in cases in which a
+countryman or other person from a Christian state is a party. (See also
+page 321.)
+
+Treaties.--Treaties are contracts between nations[1], and in international
+law much resemble ordinary contracts in municipal law. For instance, they
+can be made only by certain persons--the constituted authorities of
+nations, or by persons specially deputed by them for that purpose. A
+treaty cannot obligate to do an unlawful act. There must be consideration
+--a treaty which sacrifices the interests of one party is not binding upon
+that party. Treaties obtained by fraud or force are not binding.
+
+[Footnote 1: This from Woolsey's International Law is too good to be
+omitted: "A contract is one of the highest acts of human free-will; it is
+the will binding itself in regard to the future, and surrendering its
+right to change expressed intention, so that it becomes morally and
+jurally a wrong to act otherwise; it is the act of two parties in which
+each or one of the two conveys power over himself to the other in
+consideration of something; done or to be done by the other. The binding
+force of contracts is to be deduced from the freedom and foresight of man,
+which would have almost no sphere in society or power of co-operation,
+unless trust could be excited. Trust lies at the basis of society; society
+is essential for the development of the individual; the individual could
+not develop his free forethought unless an acknowledged obligation made
+him sure in regard to the actions of others. That nations as well as
+individuals are bound by contract, will not be doubted when we remember
+that they have the same properties of free will and foresight; that they
+can have no safe intercourse otherwise."]
+
+Further similarity between municipal and international law is to be seen.
+The minister appointed to negotiate the treaty is an agent, and his work
+is subject to the general law of agency. Thus, if he acts within his
+instructions, his principal (the nation) is bound by what he does, and the
+treaty-making power is in honor bound to ratify the treaty. From this it
+will properly be inferred that there is an implied understanding that the
+sovereign, or other power intrusted with the making of treaties, reserves
+the right to accept or reject the work of the agent. (See sample treaty,
+page 360.)
+
+Remedy.--In municipal law, remedy for a wrong is obtained through the
+courts, if personal influence fails. Among nations there is no general
+court having jurisdiction. If redress cannot be obtained by remonstrance,
+arbitration, or other peaceful means, it may be sought through retaliation
+or finally in war.
+
+
+WAR RELATIONS.
+
+"International law assumes that there must be wars and fightings among
+nations, and endeavors to lay down rules by which they shall be brought
+within the limits of justice and humanity."
+
+Causes.--A nation may wage war to defend any right which as a state it is
+bound to protect, to redress wrong, or to prevent injury; for instance, to
+defend its own sovereignty; to protect a citizen in his rights; to obtain
+satisfaction for insults to its flag, its ambassadors, or its good name;
+for the violation of treaty rights; to prevent injury, as by checking the
+onward march of some "conquering hero." War for conquest is not now
+recognized as legitimate.
+
+Beginning.--"War between independent sovereignties, is and ought to be, an
+_avowed, open_ way of obtaining justice." Even among the ancients
+announcements were usually made before war was begun. The Greeks sent a
+herald to carry the news. "Among the Romans the ceremonies of making known
+the state of war were very punctilious." But formal declarations of war
+are now falling into disuse; not from any intention of taking the enemy
+unawares, but because of the rapidity with which news is now disseminated.
+Still a state is in honor bound to indicate in some way its changed
+relation. This is due to the enemy, and just to its own citizens and to
+neutrals, that they may know how to act. The enemy is usually informed by
+the peremptory dismissal of its ambassador; the citizens and neutrals by a
+manifesto of some kind. (See p.354.)
+
+Between whom.--War being an interruption of peaceful relations, commerce
+between the citizens is at an end--is forbidden. Contracts between them
+then become either "impossible in their nature" or "unlawful," and
+therefore void.
+
+The war is not between the individual citizens of the two countries, it is
+between the governments and is waged by authorized agents--the soldiers
+and sailors enlisted for the purpose. "The smallest amount of injury
+consistent with self-defense and the sad necessity of war, is to be
+inflicted." Passive citizens are not unnecessarily to be molested.
+
+Weapons.--Not "all things are fair in war." Though ingenuity may properly
+tax itself to produce death-dealing instruments, underhanded means, such
+as poisoning springs or spreading a plague, are condemned; nor is it now
+regarded as consistent with right for a civilized nation to employ against
+another, persons accustomed to an inhuman mode of warfare.
+
+Heralds and Spies.--Heralds bearing flags of truce are inviolable--they
+must not be molested. Spies, unless in their regimentals, are subject to
+the death penalty if caught.
+
+Pirates and Privateers.--Pirates, acting under no authority, having no
+purpose to serve except to enrich themselves at the expense of any one
+else, are not protected by any nation, and may be put to death by any one
+capturing them. But privateers, acting as an arm of the government and by
+its authority, granted by its letters of marque and reprisal, must be
+treated as prisoners of war.
+
+Prisoners of War.--Prisoners taken in war were formerly the property of
+their captors, to be used for their pleasure or profit as slaves. Modern
+usage requires that they be merely detained; that they be fed and
+sheltered with reasonable comfort, and not treated with any unnecessary
+harshness. A common practice, worthy of encouragement, is that of
+exchanging prisoners, thus restoring them to their own side. Sometimes,
+too, prisoners are released on _parole,_ that is, on their word of honor
+not to re-enter the army. If a paroled prisoner breaks his word in this
+respect, upon recapture he is liable to be put to death.
+
+Termination.--Peace comes by treaty. There is usually a preliminary
+treaty, containing the general statement of conditions to which both
+parties will consent. When all the details have been arranged, a
+definitive treaty is concluded. Treaties of peace go into effect as
+between the parties, when they are signed; as between individuals of the
+belligerent nations, when they are notified.
+
+
+RIGHTS AND OBLIGATIONS OF NEUTRALS.
+
+When intercourse between the countries of the world was small, owing to
+lack of facilities, the rights of neutrals were regarded as unimportant.
+But intercourse has increased so enormously, that no great war can be
+waged without interfering with the interests of almost all the rest of the
+world, and the rights of neutrals are assuming more importance in
+international law.
+
+The great obligation resting upon neutrals is "to allow nothing to the
+belligerents which either would object to as being adverse to his
+interests."
+
+What Neutrals may do.--The common instincts of humanity may be complied
+with. Thus a ship of war in distress may run into a neutral port. Soldiers
+running into neutral territory may be disarmed and then protected as
+non-combatants.
+
+Things Contraband.--It is a breach of neutrality to lend money or furnish
+troops or munitions of war to a belligerent, or to allow ships of war to
+be built by citizens of the neutral power within its borders, if it knows
+(or _should_ know) that they are to be armored and used in the service of
+one of the belligerents.
+
+Citizens of Neutral States.--Members of a neutral state may lend money to
+a belligerent or may go into the army or navy of a belligerent without
+breach of the neutrality of their nation. They may sell goods, except
+materials of war, to either belligerent,  Blockade.--A belligerent may, as
+a war measure, close the ports of the enemy. This is called a blockade.
+Two things are necessary to make a blockade valid--due notice must be
+given, and the blockade must be made effective by placing before the ports
+armed vessels to prevent the entrance of trading vessels. If the
+conditions have been complied with, neutrals trade with the port at the
+risk of losing all captured ships and cargoes.
+
+
+DECLARATION OF WAR--1812.
+
+An act declaring war between the United Kingdom of Great Britain and
+Ireland, and the dependencies thereof, and the United States of America
+and their territories.[Footnote: Drawn by William Pinckney, Attorney
+General of the United States.]
+
+Be it enacted by the Senate and House of Representatives of the United
+States of America in Congress assembled, That war be, and the same is
+hereby declared to exist between the United Kingdom of Great Britain and
+Ireland, and the dependencies thereof, and the United States of America
+and their territories; and that the President of the United States is
+hereby authorized to use the whole land and naval force of the United
+States to carry the same into effect, and to issue to private armed
+vessels of the United States commissions, or letters of marque and general
+reprisal, in such form as he shall think proper, and under the seal of the
+United States, against the vessels, goods, and effects, of the government
+of the United Kingdom of Great Britain and Ireland and the subjects
+thereof.
+
+
+
+
+APPENDIX E.--DOCUMENTS.
+
+
+ACT AUTHORIZING A STATE GOVERNMENT.
+
+[Passed February 26, 1857.]
+
+SECTION 1. Be it enacted by the Senate and House of Representatives of the
+United States of America, in Congress assembled, That the inhabitants of
+that portion of the Territory of Minnesota which is embraced within the
+following limits, to-wit: beginning at the point in the center of the main
+channel of the Red River of the North, where the boundary line between the
+United States and the British Possessions crosses the same; thence up the
+main channel of said river to that of the Bois de Sioux River; thence up
+the main channel of said river to Lake Traverse; thence up the centre of
+said lake to the southern extremity thereof; thence in a direct line to
+the head of Big Stone Lake; thence through its centre to its outlet;
+thence by a due south line to the north line of the State of Iowa; thence
+along the northern boundary of said state to the main channel of the
+Mississippi River; thence up the main channel of said river, and following
+the boundary line of the State of Wisconsin, until the same intersects the
+St. Louis River; thence down the said river to and through Lake Superior
+on the boundary line of Wisconsin and Michigan, until it intersects the
+dividing line between the United States and the British Possessions;
+thence up Pigeon River and following said dividing line to the place of
+beginning, be, and they hereby are authorized to form for themselves a
+constitution and state government by the name of the State of Minnesota,
+and to come into the Union on an equal footing with the original states,
+according to the federal constitution.
+
+SEC. 2. And be it further enacted, That the State of Minnesota shall have
+concurrent jurisdiction on the Mississippi and all other rivers and waters
+bordering on the said State of Minnesota, so far as the same shall form a
+common boundary to said state and any state or states now or hereafter to
+be formed or bounded by the same; and said river or waters leading into
+the same shall be common highways, and forever free, as well to the
+inhabitants of said state as to all other citizens of the United States,
+without any tax, duty, impost, or toll therefor.
+
+SEC. 3. And be it further enacted, That on the first Monday in June next,
+the legal voters in each representative district then existing within the
+limits of the proposed state, are hereby authorized to elect two delegates
+for each representative to which said district may be entitled according
+to the apportionment for representatives to the territorial legislature,
+which election for delegates shall be held and conducted, and the returns
+made, in all respects in conformity with the laws of said territory
+regulating the election of representatives; and the delegates so elected
+shall assemble at the capitol of said territory on the second Monday in
+July next, and first determine by a vote whether it is the wish of the
+people of the proposed state to be admitted into the Union at that time;
+and if so, shall proceed to form a constitution, and take all necessary
+steps for the establishment of a state government, in conformity with the
+federal constitution, subject to the approval and ratification of the
+people of the proposed state.
+
+SEC 4. And be it further enacted, That in the event said convention shall
+decide in favor of the immediate admission of the proposed state into the
+Union, it shall be the duty of the United States marshal for said
+territory to proceed to take a census or enumeration of the inhabitants
+within the limits of the proposed state, under such rules and regulations
+as shall be prescribed by the Secretary of the Interior, with a view of
+ascertaining the number of representatives to which said state may be
+entitled in the Congress of the United States. And said state shall be
+entitled to one representative, and such additional representatives as the
+population of the state shall, according to the census, show it would be
+entitled to according to the present ratio of representation.
+
+SEC 5. And be it further enacted, That the following propositions be, and
+the same are hereby offered to the said convention of the people of
+Minnesota for their free acceptance or rejection, which, if accepted by
+the convention, shall be obligatory on the United States, and upon the
+said State of Minnesota, to-wit.
+
+_First_--That sections numbered sixteen and thirty-six in every township
+of public lands in said state, and where either of said sections, or any
+part thereof, has been sold or otherwise disposed of, other lands,
+equivalent thereto, and as contiguous as may be, shall be granted to said
+state for the use of schools.
+
+_Second_--That seventy-two sections of land shall be set apart and
+reserved for the use and support of a state university, to be selected by
+the Governor of said state, subject to the approval of the Commissioner of
+the General Land Office, and to be appropriated and applied in such manner
+as the legislature of said state may prescribe, for the purpose aforesaid,
+but for no other purpose.
+
+_Third_--Ten entire sections of land to be selected by the Governor of
+said state, in legal sub-divisions, shall be granted to said state for the
+purpose of completing the public buildings, or for the erection of others
+at the seat of government, under the direction of the legislature thereof.
+
+_Fourth_--That all salt springs within said state, not exceeding twelve in
+number, with six sections of land adjoining or as contiguous as may be to
+each, shall be granted to said state for its use, and the same to be
+selected by the Governor thereof within one year after the admission of
+said state, and, when so selected, to be used or disposed of on such
+terms, conditions and regulations as the legislature shall direct,
+provided, that no salt spring or land, the right whereof is now vested in
+any individual or individuals, or which may be hereafter confirmed or
+adjudged to any individual or individuals, shall by this article be
+granted to said state.
+
+_Fifth_--That five per centum of the net proceeds of sales of all public
+lands lying within said state, which shall be sold by Congress after the
+admission of said state into the Union, after deducting all the expenses
+incident to the same, shall be paid to said state for the purpose of
+making public roads and internal improvements, as the legislature shall
+direct, provided, the foregoing propositions herein offered, are on the
+condition that the said convention which shall form the constitution of
+said state, shall provide, by a clause in said constitution, or an
+ordinance, unrevocable without the consent of the United States, that said
+state shall never interfere with the primary disposal of the soil within
+the same by the United States, or with any regulations Congress may find
+necessary for securing the title in said soil to _bona fide_ purchasers
+thereof; and that no tax shall be imposed on lands belonging to the United
+States, and that in no case shall non-resident proprietors be taxed higher
+than residents.
+
+
+ACT ADMITTING MINNESOTA INTO THE UNION.
+
+[Passed May 11, 1858.]
+
+Whereas, an act of Congress was passed February twenty-sixth, eighteen
+hundred and fifty-seven, entitled "An act to authorize the people of the
+Territory of Minnesota to form a constitution and state government
+preparatory to their admission into the Union on an equal footing with the
+original states;" and whereas, the people of said territory did, on the
+twenty-ninth day of August, eighteen hundred and fifty-seven, by delegates
+elected for that purpose, form for themselves a constitution and state
+government, which is republican in form, and was ratified and adopted by
+the people at an election held on the thirteenth day of October, eighteen
+hundred and fifty-seven, for that purpose; therefore,
+
+Be it enacted by the Senate and House of Representatives of the United
+States of America in Congress assembled, That the State of Minnesota shall
+be one, and is hereby declared to be one of the United States of America,
+and admitted into the Union on an equal footing with the original states,
+in all respects whatever.
+
+SEC. 2. And be it further enacted, That said state shall be entitled to
+two representatives in Congress, until the next apportionment of
+representatives amongst the several states.
+
+SEC. 3. And be it further enacted, That from and after the admission of
+the State of Minnesota, as hereinbefore provided, all the laws of the
+United States, which are not locally inapplicable, shall have the same
+force and effect within that state as in other states of the Union; and
+the said state is hereby constituted a judicial district of the United
+States, within which a district court with the like powers and
+jurisdiction as the district court of the United States for the district
+of Iowa, shall be established; the judge, attorney and marshal of the
+United States for the said district of Minnesota, shall reside within the
+same, and shall be entitled to the same compensation as the judge,
+attorney and marshal of the district of Iowa; and in all cases of appeal
+or writ of error heretofore prosecuted and now pending in the supreme
+court of the United States upon any record from the supreme court of
+Minnesota Territory, the mandate of execution or order of further
+proceedings shall be directed by the supreme court of the United States to
+the district court of the United States for the district of Minnesota, or
+to the supreme court of the State of Minnesota, as the nature of such
+appeal or writ of error may require; and each of those courts shall be the
+successor of the supreme court of Minnesota Territory, as to all such
+cases, with full power to hear and determine the same, and to award mesne
+or final process therein.
+
+
+RESTORATION OF TENNESSEE TO THE UNION, 1866.
+
+(Thirty-ninth Congress, First Session.)
+
+Joint resolution restoring Tennessee to her relations to the Union.
+
+Whereas, in the year eighteen hundred and sixty-one, the government of
+the state of Tennessee was seized upon and taken possession of by persons
+in hostility to the United States, and the inhabitants of the state in
+pursuance of an act of Congress, were declared to be in a state of
+insurrection against the United States; and whereas, said state government
+can only be restored to its former political relations in the Union by
+consent of the law-making power of the United States; and whereas, the
+people of said state did on the twenty-second day of February, eighteen
+hundred and sixty-five, by a large popular vote, adopt and ratify a
+constitution of government whereby slavery was abolished, and all
+ordinances and laws of secession and debts contracted under the same were
+declared void; and whereas a state government has been organized under
+said constitution which has ratified the amendment to the constitution of
+the United States abolishing slavery, also the amendment proposed by the
+thirty-ninth Congress, and has done other acts proclaiming and denoting
+loyalty; Therefore,
+
+Be it resolved by the Senate and House of Representatives of the United
+States of America in Congress assembled, That the state of Tennessee is
+hereby restored to her former proper, practical relations to the Union,
+and is again entitled to be represented by senators and representatives in
+Congress.
+
+Approved, July 24,1866.
+
+
+THE MECKLENBURGH RESOLUTIONS--1775.
+
+I. Resolved, That whosoever directly or indirectly abets, or in any way,
+form, or manner countenances the unchartered and dangerous invasion of our
+rights, as claimed by Great Britain, is an enemy to this country, to
+America, and to the inherent and inalienable rights of man.
+
+II. Resolved, That we do hereby declare ourselves a free and independent
+people; are, and of right ought to be a sovereign and self-governing
+association, under the control of no power, other than that of our God and
+the general government of the congress: To the maintainance of which
+independence we solemnly pledge to each other our mutual co-operation, our
+lives, our fortunes, and our most sacred honor.
+
+III. Resolved, That as we acknowledge the existence and control of no law
+or legal officer, civil or military, within this county, we do hereby
+ordain and adopt as a rule of life, all, each, and every one of our former
+laws, wherein, nevertheless, the crown of Great Britain never can be
+considered as holding rights, privileges, or authorities therein.
+
+IV. Resolved, That all, each, and every military officer in this county is
+hereby reinstated in his former command and authority, he acting
+conformably to their regulations, and that every member present of this
+delegation, shall henceforth be a civil officer, viz.; a justice of the
+peace, in the character of a committee man, to issue process, hear and
+determine all matters of controversy, according to said adopted laws, and
+to preserve peace, union, and harmony in said county, to use every
+exertion to spread the love of country and fire of freedom throughout
+America, until a more general and organized government be established in
+this province.
+
+ABRAHAM ALEXANDER, Chairman.
+
+JOHN MCKNITT ALEXANDER, Secretary.
+
+NOTE.--This declaration of independence (with a supplementary set of
+resolutions establishing a form of government) was adopted by a convention
+of delegates from different sections of Mecklenburgh county, which
+assembled at Charlotte, May 20, 1775.
+
+
+AGREEMENT BETWEEN THE SETTLERS AT NEW PLYMOUTH.
+
+In the name of God, amen. We, whose names are underwritten, the loyal
+subjects of our dread Sovereign Lord King James, by the grace of God, of
+Great Britain, France, and Ireland, King, Defender of the Faith, &c.
+Having undertaken for the glory of God, and advancement of the Christian
+faith, and the honour of our king and country, a voyage to plant the first
+colony in the northern parts of Virginia;
+
+Do by these presents, solemnly and mutually, in the presence of God and
+one another, covenant and combine ourselves together into a civil body
+politick, for our better ordering and preservation, and furtherance of the
+ends aforesaid. And by virtue hereof do enact, constitute and frame, such
+just and equal laws, ordinances, acts, constitutions, and officers, from
+time to time, as shall be thought most meet and convenient for the general
+good of the colony, unto which we promise all due submission and
+obedience.
+
+In witness whereof we have hereunto subscribed our names at Cape Cod the
+eleventh of November, in the reign of our Sovereign Lord King James, of
+England, France, and Ireland, the eighteenth, and of Scotland, the
+fifty-fourth, anno domini, 1620.
+
+John Carver,      Samuel Fuller,      Edward Tilly,
+William Bradford, Christopher Martin, John Tilly,
+Edward Winslow,   William Mullins,    Francis Cooke,
+William Brewster, William White,      Thomas Rogers,
+Isaac Allerton,   Richard Warren,     Thomas Tinker,
+Miles Standish,   John Howland,       John Ridgdale,
+John Alden,       Steven Hopkins,     Edward Fuller,
+John Turner,      Digery Priest,      Richard Clark,
+Francis Eaton,    Thomas Williams,    Richard Gardiner,
+James Chilton,    Gilbert Winslow,    John Allerton,
+John Craxton,     Edmund Margesson,   Thomas English,
+John Billington,  Peter Brown,        Edward Doten,
+Joses Fletcher,   Richard Bitteridge, Edward Liester,
+John Goodman,     George Soule.
+
+NOTE.--The "Pilgrims" who landed at Plymouth had procured before leaving
+Europe a grant of land from the London or South Virginia Company, but had
+subsequently decided to establish a colony in New England. Before leaving
+the ship which had brought them across the Atlantic they drew up this
+compact. They obtained several successive letters patent from the Plymouth
+Company, but none of them were confirmed by the crown, and in 1691 the
+Plymouth colony was annexed to Massachusetts Bay.
+
+
+TEXAS DECLARATION OF INDEPENDENCE--1836.
+
+Whereas, General Antonio Lopez de Santa Anna and other military chieftains
+have, by force of arms, overthrown the federal institutions of Mexico, and
+dissolved the social compact which existed between Texas and the other
+members of the Mexican Confederacy,--Now, the good people of Texas,
+availing themselves of their natural rights, solemnly declare:
+
+1st. That they have taken up arms in defense of their rights and
+liberties, which were threatened by the encroachments of military despots,
+and in defense of the republican principles of the federal constitution of
+Mexico of eighteen hundred and twenty-four.
+
+2nd. That Texas is no longer, morally or civilly, bound by the compact of
+union; yet, stimulated by the generosity and sympathy common to a free
+people, they offer their support and assistance to such of the members of
+the Mexican Confederacy as will take up arms against military despotism.
+
+3d. That they do not acknowledge that the present authorities of the
+nominal Mexican Republic have the right to govern within the limits of
+Texas.
+
+5th. That they hold it to be their right, during the disorganization of
+the federal system and the reign of despotism, to withdraw from the union,
+to establish an independent government, or to adopt such measures as they
+may deem best calculated to protect their rights and liberties, but that
+they will continue faithful to the Mexican government so long as that
+nation is governed by the constitution and laws that were formed for the
+government of the political association.
+
+6th. That Texas is responsible for the expenses of her armies now in the
+field.
+
+7th. That the public faith of Texas is pledged for the payment of any
+debts contracted by her agents.
+
+8th. That she will reward by donations in land, all who volunteer their
+services in her present struggle, and receive them as citizens.
+
+These declarations we solemnly avow to the world, and call God to witness
+their truth and sincerity; and invoke defeat and disgrace upon our heads,
+should, we prove guilty of duplicity.
+
+RICHARD ELLIS, President.
+
+A.H.S. KIMBLE, Secretary.
+
+
+TREATY WITH GREAT BRITAIN--1846.
+
+The United States of America and Her Majesty the Queen of the United
+Kingdom of Great Britain and Ireland, deeming it to be desirable for the
+future welfare of both countries that the state of doubt and uncertainty
+which has hitherto prevailed respecting the sovereignty and government of
+the territory on the northwest coast of America, lying westward of the
+Rocky or Stony Mountains, should be finally terminated by an amicable
+compromise of the rights mutually asserted by the two parties over the
+said territory, have respectively named plenipotentaries to treat and
+agree concerning the terms of such settlement, that is to say:
+
+The President of the United States of America has, on his part, furnished
+with full powers James Buchanan, Secretary of State of the United  States,
+and Her Majesty the Queen of the United Kingdom of Great Britain and
+Ireland, has, on her part, appointed the Right Honorable Richard
+Parkenham, a member of Her Majesty's Most Honorable Privy Council, and Her
+Majesty's Envoy Extraordinary and Minister Plenipotentiary to the United
+States;
+
+Who after having communicated to each other their respective full powers,
+found in good and due form, have agreed upon and concluded the following
+articles:
+
+ARTICLE I.
+
+From the point on the forty-ninth parallel of north latitude, where the
+boundary laid down in existing treaties and conventions between the United
+States and Great Britain terminates, the line of boundary between the
+territories of the United States and those of Her Brittanic Majesty shall
+be continued westward along the said forty-ninth parallel of north
+latitude to the middle of the channel which separates the continent from
+Vancouver's Island, and thence southerly through the middle of the said
+channel, and of Fuca's Straits, to the Pacific Ocean: _Provided, however,_
+That the navigation of the whole of the said channel and straits, south of
+the forty-ninth parallel of north latitude, remain free and open to both
+parties.
+
+ARTICLE II.
+
+From the point at which the forty-ninth parallel of north latitude shall
+be found to intersect the great northern branch of the Columbia River, the
+navigation of the said branch shall be free and open to the Hudson's Bay
+Company, and to all British subjects trading with the same, to the point
+where the said branch meets the main stream of the Columbia, and thence
+down the said main stream to the ocean, with free access into and through
+the said river or rivers, it being understood that all the usual portages
+along the line thus described shall, in like manner, be free and open.
+
+In navigating the said river or rivers, British subjects, with their goods
+and produce, shall be treated on the same footing as citizens of the
+United States; it being, however, always understood that nothing in this
+article shall be construed as preventing, or intended to prevent, the
+Government of the United States from making any regulations respecting the
+navigation of the said river or rivers not inconsistent with the present
+treaty.
+
+ARTICLE III.
+
+In the future appropriation of the territory south of the forty-ninth
+parallel of north latitude, as provided in the first article of this
+treaty, the possessory rights of the Hudson's Bay Company, and of all
+British subjects who may be already in the occupation of land or other
+property lawfully acquired within the said territory, shall be respected.
+
+ARTICLE IV.
+
+The farms, lands, and other property of every description belonging to the
+Puget's Sound Agricultural Company, on the north side of the Columbia
+River, shall be confirmed to the said company. In case, however, the
+situation of those farms and lands should be considered by the United
+States to be of public and political importance, and the United States
+Government should signify a desire to obtain possession of the whole, or
+of any part thereof, the property so required shall be transferred to the
+said Government, at a proper valuation, to be agreed upon between the
+parties.
+
+ARTICLE V.
+
+The present treaty shall be ratified by the President of the United
+States, by and with the advice and consent of the Senate thereof, and by
+Her Brittanic Majesty; and the ratifications shall be exchanged at London,
+at the expiration of six months from the date hereof, or sooner if
+possible. In witness whereof the respective plenipotentiaries have signed
+the same, and have affixed thereto the seals of their arms.
+
+Done at Washington the fifteenth day of June, in the year of our Lord one
+thousand eight hundred and forty-six.
+
+JAMES BUCHANAN.  [L.S.] RICHARD PARKENHAM. [L.S.]
+
+NOTE.--This treaty was concluded at Washington, June 15, 1846,
+ratifications were exchanged July 17, 1846, and it was proclaimed Aug.
+5,1846.
+
+
+EMANCIPATION PROCLAMATION.
+
+Whereas on the twenty-second day of September, in the year of our Lord one
+thousand eight hundred and sixty two, a proclamation was issued by the
+President of the United States, containing, among other things, the
+following, to-wit:
+
+"That on the first day of January, in the year of our Lord one thousand
+eight hundred and sixty-three, all persons held as slaves within any
+State, or designated part of a State, the people whereof shall then be in
+rebellion against the United States, shall be then, thenceforward, and
+forever free; and the Executive Government of the United States, including
+the military and naval authority thereof, will recognize and maintain the
+freedom of such persons, and will do no act or acts to repress such
+persons, or any of them, in any efforts they may make for their actual
+freedom.
+
+"That the Executive will, on the first day of January aforesaid, by
+proclamation, designate the States and parts of States, if any, in which
+the people thereof, respectively, shall then be in rebellion against the
+United States; and the fact that any State, or the people thereof, shall
+on that day be in good faith represented in the Congress of the United
+States, by members chosen thereto at elections wherein a majority of the
+qualified voters of such state shall have participated, shall, in the
+absence of strong countervailing testimony, be deemed conclusive evidence
+that such State, and the people thereof, are not then in rebellion against
+the United States."
+
+Now, therefore, I, Abraham Lincoln, President of the United States, by
+virtue of the power in me vested as Commander-in-Chief of the Army and
+Navy of the United States in time of actual armed rebellion against the
+authority and Government of the United States, and as a fit and necessary
+war measure for suppressing said rebellion, do, on this first day of
+January, in the year of our Lord one thousand eight hundred and
+sixty-three, and in accordance with my purpose so to do, publicly
+proclaimed for the full period of one hundred days, from the day first
+above mentioned, order and designate as the States and parts of States
+wherein, the people thereof respectively are this day in rebellion against
+the United States, the following, to-wit:
+
+Arkansas, Texas, Louisiana (except the parishes of St. Bernard,
+Plaqueminos, Jefferson, St. John, St. Charles, St. James, Ascension,
+Assumption, Terre Bonne, Lafourche, Ste. Marie, St. Martin, and Orleans,
+including the city of New Orleans), Mississippi, Alabama, Florida,
+Georgia, South Carolina, North Carolina, and Virginia, (except the
+forty-eight counties designated as West Virginia, and also the counties of
+Berkeley, Accomac, Northampton, Elizabeth City, York, Princess Ann, and
+Norfolk, including the cities of Norfolk and Portsmouth), and which
+excepted parts are for the present left precisely as if this proclamation
+were not issued.
+
+And by virtue of the power and for the purpose aforesaid, I do order and
+declare that all persons held as slaves within said designated States and
+parts of States are and henceforward shall be free; and that the Executive
+Government of the United States, including the military and naval
+authorities thereof, will recognize and maintain the freedom of said
+persons.
+
+And I hereby enjoin upon the people so declared to be free to abstain from
+all violence, unless in necessary self-defense; and I recommend to them
+that, in all cases when allowed, they labor faithfully for reasonable
+wages.
+
+And I further declare and make known that such persons, of suitable
+condition, will be received into the armed service of the United States to
+garrison forts, positions, stations, and other places, and to man vessels
+of all sorts in said service.
+
+And upon this act, sincerely believed to be an act of justice, warranted
+by the Constitution upon military necessity, I invoke the considerate
+judgment of mankind, and the gracious favor of Almighty God.
+
+In testimony whereof I have hereunto set my name and caused the seal of
+the United States to be affixed.
+
+Done at the city of Washington this first day of January, in the year of
+our Lord one thousand eight hundred and sixty-three, and of the
+independence of the United States the eighty-seventh.
+
+[Sidenote: L.S.]
+
+ABRAHAM LINCOLN.
+
+By the President:
+
+WILLIAM H. SEWARD, Secretary of State.
+
+*** END OF THE PROJECT GUTENBERG EBOOK 10733 ***
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+Project Gutenberg (https://www.gutenberg.org) public repository for
+eBook #10733 (https://www.gutenberg.org/ebooks/10733)
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+The Project Gutenberg eBook, Studies in Civics, by James T. McCleary
+
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+
+
+
+
+
+
+Title: Studies in Civics
+
+Author: James T. McCleary
+
+Release Date: January 17, 2004  [eBook #10733]
+
+Language: English
+
+Character set encoding: ISO-8859-1
+
+
+***START OF THE PROJECT GUTENBERG EBOOK STUDIES IN CIVICS***
+
+
+E-text prepared by Charles Franks, Andy Schmitt, and Project Gutenberg
+Distributed Proofreaders
+
+
+
+AMERICAN EDUCATIONAL SERIES
+
+STUDIES IN CIVICS
+
+BY JAMES T. McCLEARY, M.C.
+
+LATE TEACHER OF CIVICS AND HISTORY IN THE STATE NORMAL SCHOOL
+MANKATO, MINNESOTA
+LIFE MEMBER MINNESOTA HISTORICAL SOCIETY
+
+REVISED TO 1897
+
+
+
+
+
+
+[Illustration: (House of Representatives) UNITED STATES CAPITOL (Senate.)]
+
+
+
+TO THE MEMBERS OF MY CLASSES IN CIVICS, WHOSE QUESTIONS HAVE AIDED ME IN
+DETERMINING WHAT SUBJECTS TO TREAT, AND WHOSE EARNESTNESS AND INTELLIGENCE
+HAVE MADE IT A PLEASURE TO BE THEIR TEACHER, THIS BOOK IS AFFECTIONATELY
+INSCRIBED.
+
+
+
+
+PREFACE.
+
+
+The thought constantly in mind in the preparation of this book has been to
+furnish useful material in usable form.
+
+Attention is invited to the scope of the work. The Constitution of the
+United States, not a mere abstract of it but a careful study of the text,
+is properly given much space but is not allowed a monopoly of it. Each of
+our governmental institutions deserves and receives a share of
+consideration. The order of presentation--beginning with the town, where
+the student can observe the operations of government, and proceeding
+gradually to the consideration of government in general--is based upon
+conclusions reached during eighteen years of experience in teaching this
+subject.
+
+Matter to be used chiefly for reference is placed in the appendix.
+Attention is asked to the amount of information which, by means of
+tabulations and other modes of condensation, is therein contained.
+Documents easily obtainable, such as the Declaration of Independence, are
+omitted to make room for typical and other interesting documents not
+usually accessible.
+
+Is this book intended to be an office-holders' manual? No; but it _is_
+intended to help students to get an insight into the way in which public
+business is carried on.
+
+Is it designed as an elementary treatise on law? No; but the hope is
+indulged that the young people who study it will catch something of the
+_spirit_ of law, which to know is to respect.
+
+
+
+
+CONTENTS.
+
+PREFACE,
+TO TEACHERS,
+TO STUDENTS,
+
+PRELIMINARY CHAPTER.
+
+GOVERNMENT: WHAT IT IS AND WHY IT IS,
+
+PART I.--GOVERNMENT WITHIN THE STATE.
+
+CHAPTER.
+     I.--THE TOWN: WHY AND HOW ORGANIZED, ETC.,
+    II.--PRIMITIVE MODES OF ADMINISTERING JUSTICE,
+   III.--PROCEEDINGS IN A JUSTICE COURT,
+    IV.--THE INCORPORATED VILLAGE,
+     V.--THE CITY,
+    VI.--THE COUNTY,
+   VII.--ESTABLISHING JUSTICE IN THE COUNTY,
+  VIII.--HISTORICAL,
+
+PART II.--THE STATE.
+
+    IX.--STATES: WHY AND HOW CREATED,
+     X.--STATE CONSTITUTIONS,
+    XI.--DEPARTMENTS OF GOVERNMENT,
+   XII.--THE LEGISLATIVE DEPARTMENT,
+  XIII.--THE EXECUTIVE DEPARTMENT,
+   XIV.--OTHER STATE OFFICERS,
+    XV.--THE JUDICIAL DEPARTMENT,
+   XVI.--RETROSPECT AND PROSPECT,
+
+PART III.--THE NATION.
+
+  XVII.--THE CAUSES OF THE REVOLUTION,
+ XVIII.--THE ARTICLES OF CONFEDERATION,
+   XIX.--THE ORIGIN OF THE CONSTITUTION,
+    XX.--THE CONSTITUTION: PREAMBLE,
+   XXI.--STRUCTURE OF THE LEGISLATIVE BRANCH,
+  XXII.--POWERS OF CONGRESS,
+ XXIII.--THE EXECUTIVE BRANCH,
+  XXIV.--THE JUDICIAL BRANCH,
+   XXV.--THE RELATIONS OF THE STATES,
+  XXVI.--MODES OF AMENDING THE CONSTITUTION,
+ XXVII.--MISCELLANEOUS PROVISIONS,
+XXVIII.--RATIFICATION OF THE CONSTITUTION,
+  XXIX.--THE AMENDMENTS,
+
+PART IV.--GOVERNMENT IN GENERAL.
+
+   XXX.--FORMS OF GOVERNMENT,
+
+PART V.--COMMERCIAL LAW.
+
+  XXXI.--CONTRACTS,
+ XXXII.--AGENCY,
+XXXIII.--PARTNERSHIP,
+ XXXIV.--CORPORATIONS,
+  XXXV.--COMMERCIAL PAPER,
+
+APPENDIX.
+
+A.--FORMS,
+B.--TABLES,
+C.--HOW SOME THINGS ARE DONE,
+D.--SOME PRINCIPLES OF INTERNATIONAL LAW,
+E.--DOCUMENTS,
+
+GENERAL INDEX,
+
+
+
+
+TO TEACHERS.
+
+
+Highly competent teachers are the very ones who receive most kindly
+suggestions meant to be helpful. For such these words are intended.
+
+The local organizations are so related that it is advisable for all
+classes to consider each of them. Especial attention should, however, be
+given to the organization (town, village or city) in which the school is.
+Here considerable time can be profitably spent, and the matter in the book
+may be much amplified. Here must be laid the basis of future study.
+
+Certain typical instruments deserve careful study. For a student to have
+made out understandingly an official bond, for instance, is for him to
+have gained greatly in intelligence.
+
+It will be of great advantage to the class for the teacher to have a
+complete set of the papers whose forms are given in Appendix A. These may
+be obtained at almost any newspaper office, at a cost of about 50 cents.
+
+A scrap-book or series of envelopes in which to file newspaper clippings
+illustrative of the every-day workings of government, may be made very
+useful. Pupils should be permitted and encouraged to contribute.
+
+One good way to review is for the teacher to give out, say once in two
+weeks, a set of twenty-five or more questions, each of which may be
+answered in a few words; have the pupils write their answers; and the
+correct answers being given by teacher or pupils, each may mark his own
+paper. Each pupil may thus discover where he is strong and where weak.
+
+The questions given for debate may be discussed by the literary society.
+Or for morning exercises, one student may on a certain day present one
+side of the argument, and on the following day the negative may be brought
+out by another student.
+
+A student should not be required to submit his good name to the chances of
+answering a certain set of questions, however excellent, at the
+examination, when from anxiety or other causes he may fall far short of
+doing himself justice. One good plan is to allow each student to make up
+50 percent of his record during the progress of the work, by bringing in,
+say, five carefully prepared papers. One of these may be a _resumé_ of
+matter pertaining to his local organization; another may be an account of
+a trial observed, or other governmental work which the student may have
+seen performed; a third may be a synopsis of the president's message; the
+fourth, a general tabulation of the constitution; the fifth, a review of
+some book on government, or a paper on a subject of the student's own
+choice.
+
+Among reference books, every school should have at least the Revised
+Statutes of the state and of the United States, the Legislative Manual of
+the state, a good political almanac for the current year, the
+Congressional Directory, and Alton's Among the Lawmakers.
+
+A Teachers' Manual, giving answers to the pertinent questions contained
+herein, and many useful hints as to the details of teaching Civics, is
+published in connection with this book.
+
+
+
+
+TO STUDENTS.
+
+
+You will notice in chapter one that at the close of nearly every paragraph
+questions are thrown in. They are inserted to help you cultivate in
+yourself the very valuable habit of rigid self-examination. We are all
+liable to assume too soon that we have the thought. Not to mar the look of
+the page, the questions are thenceforward placed only at the close of the
+chapters.
+
+You will soon discover that these questions are so framed as to require
+you to read not only on the lines and _between_ them, but also right down
+_into_ them. Even then you will not be able to answer all of the
+questions. The information may not be in the book at all. You may have to
+look around a long time for the answer.
+
+If you occasionally come to a question which you can neither answer nor
+dismiss from your mind, be thankful for the question and that you are
+bright enough to be affected in this way. You have doubtless discovered
+that some of your best intellectual work, your most fruitful study, has
+been done on just such questions.
+
+After studying a provision of the constitution of the United States, you
+should be able to answer these four questions: 1. What does it _say?_ 2.
+What does it _mean?_ 3. _Why_ was the provision inserted? 4. How is it
+carried into practical effect? Some of the provisions should be so
+thoroughly committed to memory that at any time they may be accurately
+quoted. The ability to quote exactly is an accomplishment well worth
+acquiring.
+
+After you have got through with a line of investigation it is a good thing
+to make a synopsis of the conclusions reached. Hints are given at
+appropriate places as to how this may be done. But the doing of it is left
+to you, that you may have the pleasure and profit resulting therefrom.
+
+Finally, without fretting yourself unnecessarily, be possessed of a "noble
+dissatisfaction" with vague half-knowledge. Try to see clearly. Government
+is so much a matter of common sense, that you can assuredly understand
+much of it if you determine so to do.
+
+
+
+
+STUDIES IN CIVICS.
+
+
+
+
+PRELIMINARY CHAPTER.
+
+
+GOVERNMENT: WHAT IT IS AND WHY IT IS.
+
+At the very beginning of our study, two questions naturally present
+themselves: First. What is government? Second. Why do we have such a
+thing?
+
+These questions are much easier to ask than to answer. The wisest men of
+the ages have pondered upon them, and their answers have varied widely.
+Yet we need not despair. Even boys and girls can work out moderately good
+answers, if they will approach the questions seriously and with a
+determination to get as near the root of the matter as possible.
+
+Beginning without attempting an exact definition of government, because we
+all have a notion of what it is, we notice that only certain animals are
+government-forming. Among these may be mentioned the ant, the bee, and
+man. The fox, the bear, and the lion represent the other class. If we
+should make two lists, including in one all the animals of the first class
+and in the other all those of the second class, we should make this
+discovery, that government-forming animals are those which by nature live
+together in companies, while the other class as a rule live apart. The
+generalization reached is, that _only gregarious animals form
+governments_. We would discover upon further investigation that the
+greater the interdependence of the individuals, the more complex the
+government.
+
+Confining our attention now to man, whose government is the most complex,
+we may put our generalization into this form: Man establishes government
+because _by nature he is a social being_. This may be taken as the
+fundamental reason. Let us now proceed to trace the relation between cause
+and effect.
+
+In order that people may go from place to place to meet others for
+pleasure or business, roads are needed. Some of these roads may cross
+streams too deep for fording, so bridges must be provided. These things
+are for the good of all; they are public needs, and should be provided by
+the public. But "what is every body's business is nobody's business." It
+follows that the public must appoint certain persons to look after such
+things. By the act of appointing these persons, society becomes to that
+extent organized. We see, then, that society organizes in order to provide
+certain public improvements, _to carry on certain public works_.
+
+For his own preservation, man is endowed with another quality, namely,
+selfishness. Sometimes this is so strong in a person as to cause him to
+disregard the rights of others. By experience man has learned that _every_
+person is interested in seeing that conflicting claims are settled on a
+better basis than that of the relative strength of the contestants. In
+other words, all are interested in the prevalence of peace and the
+rightful settlement of disputes. That this work may surely be done, it is
+obvious that society must appoint certain persons to attend to it; that
+is, society organizes _to establish justice._
+
+Communities take their character from that of the individuals composing
+them, therefore communities are selfish. A third reason appears, then, for
+the organization of society, namely, _the common defense._
+
+But this organization of society is the very thing that we call
+government. We may, therefore, answer the two questions proposed at the
+beginning in this way:
+
+_Government is the organization of society to carry on public works, to
+establish justice, and to provide for the common defense._
+
+The term _government_ is also applied to the body of persons into whose
+hands is committed the management of public affairs.
+
+To show that government is a necessity to man, let us imagine a company of
+several hundred men, women, and children, who have left their former home
+on account of the tyranny of the government. So harshly have they been
+treated, that they have ascribed all their misery to the thing called
+government, and they resolve that they will have none in their new home.
+They discover an island in the ocean, which seems never to have been
+occupied, and which appears "a goodly land." Here they resolve to settle.
+
+They help each other in building the houses; each takes from the forest
+the wood that he needs for fuel; they graze the cattle in a common meadow;
+they till a common field and all share in the harvest. For a time all goes
+well. But mutterings begin to be heard. It is found that some are
+unwilling to do their share of the work. It becomes manifest to the
+thoughtful that community of property must be given up and private
+ownership be introduced, or else that the common work must be regulated.
+In the latter case, government is established by the very act of
+regulation; they are establishing justice. If they resolve to adopt
+private ownership, industry will diversify, they will begin to spread out
+over the island, and public improvements will be needed, such as those
+specified above. The conflict of interests will soon necessitate tribunals
+for the settlement of disputes. And thus government would, in either case,
+inevitably be established. A visit from savages inhabiting another island
+would show the utility of the organization for common defense.
+
+Thus government seems a necessary consequence of man's nature.
+
+In this country we have the general government and state governments, the
+latter acting chiefly through local organizations. For obvious reasons,
+the common defense is vested in the general government. For reasons that
+will appear, most of the work of public improvement and establishing
+justice is entrusted to the state and local governments.
+
+These we shall now proceed to study, beginning at home.
+
+
+QUERIES.--Would government be necessary if man were morally perfect? Why
+is this organization of society called _government?_
+
+
+
+
+PART I.
+
+GOVERNMENT WITHIN THE STATE.
+
+
+
+
+
+CHAPTER I.
+
+THE TOWN: WHY AND HOW ORGANIZED; OFFICERS; TOWN BUSINESS.
+
+
+Necessity.--Now instead of a company going to an island to found new
+homes, let us think of immigrants to a new part of a state.
+
+Like the people on the island, they will need roads, bridges, and schools;
+and they will desire to preserve the local peace. Hence they, too, will
+need to organize as a political body.
+
+Size.--Since these people are going to meet at stated periods to agree
+upon the amounts to be put into public improvements and to select officers
+to carry out their wishes, the territory covered by the organization
+should not be very large. It should be of such a size that every one
+entitled to do so can reach the place of meeting, take part in the work
+thereof, and return home the same day, even if he has no team.
+
+Basis.--Will anything be found already done to facilitate matters? Yes.
+Those parts of the state open to settlement will be found surveyed into
+portions six miles square. These squares are called in the survey
+"townships," plainly indicating that they were meant by the general
+government to be convenient bases for the organization of "towns." And
+they have been so accepted.
+
+Draw a township. Subdivide it into sections and number them in accordance
+with the U.S. survey. Subdivide a section into forties, and describe each
+forty. Why do we have such divisions of a township? Locate your father's
+farm. What is the difference between a _township_ and a _town?_ [Footnote:
+In some states the terms "congressional township" and "civil township" are
+used.]
+
+Corporate Powers.--A town is in some respects like an individual. It can
+sue and be sued. It can borrow money. It can buy or rent property needed
+for public purposes. And it can sell property for which it has no further
+use. Because a town can do these things as an individual can it is called
+a corporation, and such powers are called corporate powers.
+
+When we say that "the town" can do these things, we mean of course that
+the people of the town as a political body can do them, through the proper
+officers.
+
+Officers Needed.--The town needs one or more persons to act for it in its
+corporate capacity and to have general charge of its interests.
+
+Should there be one, or more than one? Why? How many are there?
+
+Every business transaction should be recorded, and the town should have a
+recording officer or secretary.
+
+What is the recording officer in this town called? What is his name? Which
+officer would naturally be the custodian of public papers?
+
+It takes money to build bridges and to carry on other public works, and
+the town needs some one to take charge of the public funds.
+
+What is the officer called? Who occupies that position in this town? How
+is he prevented from misappropriating the money belonging to the people?
+
+Our plan for raising public money for local purposes is, in general, that
+each person shall contribute _according to the value of his property._
+Hence the town needs a competent and reliable man to value each person's
+property.
+
+What is such an officer called? What is the name of the one in this town?
+Is any property exempt from taxation? Why? Just how is the value of the
+real estate in the town ascertained for the purpose of taxation? The value
+of the personal property? Get a list and find out what questions this
+officer asks. Read the statement at the bottom of the list carefully, and
+then form an opinion of a person who would answer the questions
+untruthfully for the purpose of lowering his taxes.
+
+The immediate care of the roads will demand the attention of one or more
+officers.
+
+How many in this town? What are such officers called? Name them.
+
+Differences about property of small value sometimes arise, and to go far
+from home to have them settled would involve too much expense of time and
+money; hence the necessity of local officers of justice. These officers
+are needed also because petty acts of lawlessness are liable to occur.
+
+How many justices of the peace are there in each town? Why that number?
+What is the extent of their jurisdiction?
+
+The arrest of criminals, the serving of legal papers, and the carrying out
+of the decisions of justices of the peace, make it necessary to have one
+or more other officers.
+
+What are such officers called? How many in each town? Why? Look up the
+history of this office; it is interesting.
+
+The public schools of the town may be managed either by a town board of
+trustees, who locate all of the school-houses, engage all of the teachers,
+and provide necessary material for all of the schools in the town; or the
+town may be divided into districts, the school in each being managed by
+its own school board.
+
+
+Does the township system or the district system prevail in this state?
+Name some state in which the other system prevails.
+
+
+How Chosen.--In this country most of the public officers are chosen by the
+people interested. The great problem of election is how to ascertain the
+real will of those entitled to express an opinion or have a choice. And
+all the arrangements for conducting elections have in view one of two
+things: either to facilitate voting or to prevent fraud. The town serves
+as a convenient voting precinct.
+
+
+Find out from the statutes or from the town manual or by inquiry, when the
+town meeting is held; how notice is given; how it is known who may vote;
+who are judges of election; how many clerks there are; how voting is done;
+how the votes are counted and the result made known; what reports of the
+election are made. Give the reason for each provision. Can a person vote
+by proxy? Why? What is to prevent a person from voting more than once? If
+the polls are open seven hours, and it takes one minute to vote, how many
+persons can vote at one polling place? What may be done in case there are
+more than that number of voters in the town? How are road overseers
+elected, and in what part of the day? Why then? What other business is
+transacted at town meeting? How do the people know how much money will be
+needed for the coming year's improvements? How do they learn the nature
+and expense of last year's improvements?
+
+Give four general reasons for our having towns.
+
+       *       *       *       *       *
+
+PRACTICAL WORK FOR STUDENTS.
+
+I. ORGANIZING A TOWN.
+
+Prepare in due form a petition to the proper authorities asking that a new
+town be organized. [Footnote: For forms see Appendix. If necessary, all
+the pupils in the room or school may act as "legal voters." (This
+"Practical Work" may be omitted until the review, if deemed best.)] Be
+sure that the order establishing the new town is duly made out, signed,
+attested and filed. Give reasons for each step.
+
+
+II. HOLDING ANNUAL TOWN MEETING.
+
+1. Preliminary.--What report does each road overseer make to the
+supervisors? When is the report due? What do the supervisors require this
+information for?
+
+Who gives notice of the town meeting? When? How?
+
+When does the town treasurer make his report to the persons appointed to
+examine his accounts? When does this examination take place? What is its
+purpose?
+
+What report does the board of supervisors make to the people at the town
+meeting? When is it prepared? Why is it necessary?
+
+Why so many preliminaries?
+
+2. The Town Meeting.--That everything may be done "decently and in order,"
+it will be necessary to consult carefully the statutes or the town manual.
+Be sure
+
+ (a) That the proper officers are in charge.
+ (b) That the order of business is announced and followed.
+ (c) That the polls are duly declared open.
+ (d) That the voting is done in exact accordance with law.
+ (e) That general business is attended to at the proper time.
+ (f) That reports of officers are duly read and acted upon.
+ (g) That appropriations for the succeeding year are duly made.
+ (h) That the minutes of the meeting are carefully kept.
+ (i) That the polls are closed in due form.
+ (j) That the votes are counted and the result made known according to law.
+ (k) That all reports of the meeting are made on time and in due form.
+
+3. After Town Meeting.--See that all officers elected "qualify" on time
+and in strict accordance with law. Especial care will be needed in making
+out the bonds.
+
+Town clerk must certify to proper officer the tax levied at town meeting.
+
+
+III. LAYING OUT AND MAINTAINING ROADS.
+
+1. Laying out a Road.--Make out a petition for a town road, have it duly
+signed and posted. In due season present it to the supervisors who were
+elected at your town meeting.
+
+The supervisors, after examining the petition carefully and being sure
+that it is in proper form and that it has been duly posted, will appoint a
+time and place of hearing and give due notice thereof.
+
+When the day of hearing arrives they will examine the proofs of the
+posting and service of the notices of hearing before proceeding to act
+upon the petition.
+
+Having heard arguments for and against the laying of the road, the
+supervisors will render their decision in due form.
+
+In awarding damages, the supervisors will probably find four classes of
+persons: first, those to whom the road is of as much benefit as damage,
+and who admit the fact; second, those who should have damages, and are
+reasonable in their demands; third, those who claim more damages than they
+are in the judgment of the supervisors entitled to; and fourth, those who
+from some cause, (absence, perhaps,) do not present any claim. From the
+first class, the supervisors can readily get a release of damages. With
+the second, they can easily come to an agreement as to damages. To the
+third and fourth, they must make an award of damages. Let all of these
+cases arise and be taken care of.
+
+The supervisors must be careful to issue their road order in proper form,
+and to see that the order, together with the petition, notices, affidavits
+and awards of damages, are filed correctly and on time. The town clerk
+must read the law carefully to ascertain his duty, and then perform it
+exactly. See that fences are ordered to be removed. Let one of the persons
+who feels himself aggrieved by the decision of the supervisors, "appeal"
+to a proper court. Let this be done in due form. As each step is taken,
+let the reasons for it be made clear.
+
+2. Maintaining Roads.--Road overseers return the list of persons liable to
+road labor. How are these facts ascertained, and when must the "return" be
+made?
+
+Supervisors meet and assess road labor, and sign road tax warrants. When
+and how is this done?
+
+How is the road tax usually paid? How else may it be paid? How does the
+overseer indicate that a person's tax is paid? If a person liable to road
+tax does not "commute," and yet neglects or refuses to appear when duly
+notified by the road overseer, what can the latter do about it? How is
+delinquent road tax collected? How can a person who has paid his tax prove
+that he has paid it?
+
+Under which of the three great purposes of government mentioned in the
+preliminary chapter does the making of roads come?
+
+
+
+
+THE TOWN--_Continued_.
+
+THE SCHOOLS.
+
+
+Does the town system or the district system prevail in this state? If the
+latter, tell how a school district is organized. Give an account of the
+organization of this district.
+
+How many and what officers have charge of the schools? State the duties of
+each. Name the officers in this district. When are the officers chosen,
+and how long do they serve? Are all chosen at once? Why? How do they
+"qualify?" Are women eligible to school offices? To any other?
+
+Did you ever attend the annual meeting? When is it held? Why held then?
+Who take part? What business is transacted? What are "special" school
+meetings?
+
+What expenses must be met in having a school? Where does the money come
+from? How does the treasurer get it into his possession? What is to
+prevent his misusing it?
+
+By whom is the teacher chosen? Why not elect the teacher at the annual
+meeting? Get a teacher's contract and find out who the contracting parties
+are, and what each agrees to do. Why is the contract in writing? How many
+copies of it are made? Who keep them, and why?
+
+If you had a bill against the district, how would you proceed to get your
+money? If the district refused or neglected to pay you, what could you do?
+If some one owed the district and refused to pay, what could it do?
+
+Who owns the school buildings and grounds? How was ownership obtained? If
+it seemed best to erect a new schoolhouse in some other part of the
+district, what could be done with the present buildings and grounds? Could
+the district buy land for other than school purposes? Could it lend money
+if it had any to spare? If the district had not money enough to erect its
+buildings, what could it do? What are the corporate powers of a district?
+
+
+_Questions for Debate._
+
+_Resolved,_ That it is unfair to tax a bachelor to support a school.
+
+_Resolved,_ That the town system is better than the district system.
+
+
+
+
+CHAPTER II.
+
+PRIMITIVE MODES OF ADMINISTERING JUSTICE.
+
+
+Trial by Ordeal.--Boys settle some matters about which they cannot agree
+by "tossing up a penny," or by "drawing cuts." In a game of ball they
+determine "first innings" by "tossing the bat." Differences in a game of
+marbles, they settle by guessing "odd or even," or by "trying it over to
+prove it." In all these modes of adjustment there is an appeal to
+_chance._ Probably behind these practices is the feeling that the boy who
+ought to win will somehow guess right. This appealing to chance to settle
+questions of fact is characteristic of society in its primitive state.
+Modes of establishing justice similar in principle to these boy practices
+prevail to this day among superstitious peoples. They have prevailed even
+in Europe, not only among people of low mental power, but also among the
+cultured Greeks. Among our own Saxon ancestors the following modes of
+trial are known to have been used: A person accused of crime was required
+to walk blindfolded and barefoot over a piece of ground on which hot
+ploughshares lay at unequal distances, or to plunge his arm into hot
+water. If in either case he escaped unhurt he was declared innocent. This
+was called Trial by Ordeal. The theory was that Providence would protect
+the innocent.
+
+Trial by Battle.--Sometimes boys settle their disputes by _fighting_.
+This, too, was one of the modes of adjudication prevalent in early times
+among men. Trial by Battle was introduced into England by the Normans. "It
+was the last and most solemn resort to try titles to real estate."
+[Footnote: Dole's Talks about Law, p. 53.] The duel remained until
+recently, and indeed yet remains in some countries, as a reminder of that
+time. And disputes between countries are even now, almost without
+exception, settled by an appeal to arms. Perhaps the thought is that "he
+is thrice armed that hath his quarrel just." Sometimes when one of the
+boys is too small to fight for his rights, another boy will take his part
+and fight in his stead. Similarly, in the Trial by Battle, the parties
+could fight personally or by "champion." Interesting accounts of this mode
+of trial are given by Green and Blackstone, and in Scott's "Talisman."
+
+Arbitration.--Two boys who have a difference may "leave it to" some other
+boy in whom they both have confidence. And men did and do settle disputes
+in a similar way. They call it settlement by Arbitration.
+
+A boy would hardly refer a matter for decision to his little brother. Why?
+
+Folk-Moot.--Still another common way for two boys to decide a question
+about which they differ is to "leave it to the boys," some of whom are
+knowing to the facts and others not. Each of the disputants tells his
+story, subject to more or less interruption, and calls upon other boys to
+corroborate his statements. The assembled company then decides the matter,
+"renders its verdict," and if necessary carries it into execution. In this
+procedure the boys are re-enacting the scenes of the _Folk-moot_ or town
+meeting of our Saxon ancestors.
+
+Boy-Courts.--Let us look at this boy-court again to discover its principal
+elements.
+
+In the first place, we see that _every_ boy in the crowd feels that he has
+a right to assist in arriving at the decision, that "the boys"
+collectively are to settle the matter. In other words, that _the
+establishment of justice is a public trust._ So our Saxon forefathers used
+to come together in the Folk-moot and as a body decide differences between
+man and man. The boys have no special persons to perform special duties;
+that is, no court officers. Neither, at first, did those old Saxons.
+
+Secondly, in the boy-court the _facts_ in the case are brought out by
+means of _witnesses_. So it was in the Folk-moot, and so it is in most
+civilized countries today. Among those old Saxons the custom grew up of
+allowing the facts in the case to be determined by _twelve_ men of the
+neighborhood, _who were most intimately acquainted with those facts_. When
+they came over to England these Saxons brought this custom with them, and
+from it has been developed the Trial by Jury. The colonists of this
+country, most of whom came from England, brought with them this important
+element in the establishment of justice, and it is found today in nearly
+all the states.
+
+Again, when in the boy-court the facts of the case have been established
+and it becomes necessary to apply the rules of the game to the particular
+case, the boys frequently, invariably in difficult cases, turn to some boy
+or boys known to be well versed in the principles of the game, and defer
+to his or their opinion. And, similarly, in the Folk-moot, much deference
+was paid in rendering judgment to the old men who for many years had
+helped to render justice, and who, in consequence, had much knowledge of
+the customs, unwritten laws, in accordance with which decisions were
+rendered. In this deference to one or more persons who are recognized as
+understanding the principles involved in the case, we see the germ of
+_judgeship_ in our present courts.
+
+And finally, a boy naturally reserves the right, mentally or avowedly, of
+_appealing_ from the decision of the boys to the teacher or his father, in
+case he feels that he has been unjustly dealt with.
+
+Thus we see that the principal elements of the courts of today, the
+establishment of justice as a public trust, the determination of the facts
+by means of witnesses and a jury, the application of the law by one or
+more judges, the right of appeal to a higher court, are not artificial,
+but in the nature of things. We inherited them from our primitive
+ancestors, and in that sense they may be said to have been imposed upon
+us. But their naturalness appears in the fact that boys when left to
+themselves introduce the same elements into their boy-courts.
+
+
+CHANGES MADE IN COURSE OF TIME.
+
+In the Jury System.--The jurors were originally, as has been said, persons
+acquainted with the facts. After the Norman conquest, it came about that
+the jury consisted of twelve persons disinterested and _unacquainted_ with
+the facts. Probably the change gradually came about from the difficulty of
+getting twelve men eligible to the jury who knew of the facts. Persons
+ineligible to the jury were then invited to give it information, but not
+to join it in the verdict. The next step, taken about 1400 A.D., was to
+require these witnesses to give their evidence in open court, subject to
+examination and cross-examination. The testimony of the witnesses,
+however, was still merely supplementary. Then in the time of Queen Anne,
+about 1707 A.D., it was decided that any person who had knowledge of the
+facts of the case should appear as a _witness_, that the jury should
+consist of persons unacquainted with the facts, and that the verdict
+should be rendered in accordance with the evidence. And so it is to this
+day, both in England and America. [Footnote: The best history of the jury
+system is probably Forsyth's.]
+
+"It is not true, however, that a man is disqualified from serving on a
+jury simply because he has heard or read of the case, and has formed and
+expressed some impression in regard to its merits; if it were, the
+qualifications for jury service in cases that attract great attention
+would be ignorance and stupidity. The test, therefore, is not whether the
+juryman is entirely ignorant of the case, but whether he has formed such
+an opinion as would be likely to prevent him from impartially weighing the
+evidence and returning a verdict in accordance therewith." [Footnote:
+Dole's Talks about Law, p. 59.]
+
+In the Officers.--As has been said, there were in the old Saxon courts no
+court officers. But quite early the necessity for such officers became
+manifest. And several of the offices then established have come down to
+us. Some of them, however, have been so modified in the progress of time
+as to be hardly recognizable.
+
+
+
+
+CHAPTER III.
+
+PROCEEDINGS IN A JUSTICE COURT.
+
+
+I. IN ORDINARY CIVIL ACTIONS.
+
+Definitions.--A _Civil Action_ is one having for its object the protection
+or enforcement of a private right or the securing of compensation for an
+infraction thereof. For instance a suit brought to secure possession of a
+horse, or to secure damages for a trespass is a civil action. The person
+bringing the action is called the _plaintiff_; the one against whom it is
+brought, the _defendant_. The plaintiff and the defendant are called the
+_parties_ to the action.
+
+_Jurisdiction._--A justice of the peace has jurisdiction within the county
+in most civil actions when the amount in controversy does not exceed a
+certain sum, usually one hundred dollars. (See p. 296.)
+
+
+PRELIMINARY TO TRIAL.
+
+_Complaint and Summons._--In bringing a civil action, the plaintiff or his
+agent appears before the justice of the peace and files a Complaint. In
+this he states the cause of the action. The justice then issues a Summons.
+This is an order to a sheriff or constable commanding him to notify the
+defendant to appear before the justice at a certain time and place to make
+answer to the plaintiff's demands. (Form on p. 277.)
+
+Sometimes on bringing an action or during its progress a writ of
+attachment is obtained. To secure this writ, the creditor must make
+affidavit to the fact of the debt, and that the debtor is disposing or
+preparing to dispose of his property with intent to defraud him, or that
+the debtor is himself not reachable, because hiding or because of
+non-residence. In addition, the creditor must give a bond for the costs of
+the suit, and for any damages sustained by the defendant. The justice then
+issues the writ, which commands the sheriff or constable to take
+possession of and hold sufficient goods of the debtor and summon him as
+defendant in the suit.
+
+Another writ sometimes used is the writ of replevin. To secure this writ,
+the plaintiff must make affidavit that the defendant is in wrongful
+possession of certain (described) personal property belonging to the
+plaintiff. The plaintiff then gives a bond for the costs of the suit and
+for the return of the property in case he fails to secure judgment, and
+for the payment of damages if the return of the property cannot be
+enforced, and the justice issues the writ. This commands the sheriff or
+constable to take the property described and turn it over to the
+plaintiff, and to summon the defendant as before.
+
+Pleadings.--The next step in the process, in any of the cases, is the
+filing of an Answer by the defendant, in which he states the grounds of
+his defense. The complaint of the plaintiff and the answer of the
+defendant constitute what are called the pleadings. [Footnote: For a more
+extensive discussion of pleadings, see chapter VII.; or Dole, pp. 30-42.]
+If the answer contains a counter-claim, the plaintiff is entitled to a
+further pleading called the Reply. The pleadings contain simply a
+statement of the facts upon which the parties rely in support of their
+case. No evidence, inference or argument is permitted in them.
+
+Issue.--It is a principle of pleading that "everything not denied is
+presumed to be admitted." The fact or facts asserted by one party and
+denied by the other constitute the issue. If the defendant does not make
+answer on or before the day appointed in the summons and does not appear
+on that day, judgment may be rendered against him. If the plaintiff fail
+to appear, he loses the suit and has to pay the costs. For sufficient
+cause either party may have the suit adjourned or postponed for a short
+time.
+
+Jury.--On demand of either party a jury must be impaneled. The jury
+usually consists of twelve persons, but by consent of the parties the
+number may be less. The jury is impaneled as follows: The justice directs
+the sheriff or constable to make a list of twenty-four inhabitants of the
+county qualified to serve as jurors in the district court, or of eighteen
+if the jury is to consist of six persons. Each party may then strike out
+six of the names. The justice then issues a venire [Footnote: For forms,
+see page 280.] to the sheriff or a constable, directing him to summon the
+persons whose names remain on the list to act as jurors.
+
+Witnesses.--If any of the witnesses should be unwilling to come, the
+justice issues a subpoena [Footnote: For forms, see page 279.] commanding
+them to appear. The subpoena may contain any number of names and may be
+served by any one. It is "served" by reading it to the person named
+therein, or by delivering a copy of it to him. A witness, however, is not
+bound to come unless paid mileage and one day's service in advance.
+
+
+THE TRIAL.
+
+Opening Statement.--The usual procedure is as follows: After the jury has
+been sworn, the plaintiff's attorney reads the complaint and makes an
+opening statement of the facts which he expects to prove. The purpose of
+the opening statement is to present the salient points of the case, so
+that the importance and bearing of the testimony may be readily seen by
+the jury.
+
+Evidence.--The evidence [Footnote: The most important Rules of Evidence
+are given in chapter VII.] for the plaintiff is then introduced. Each
+witness, after being duly sworn, gives his testimony by answering the
+questions of counsel. After the direct examination by the plaintiff's
+attorney, the witness may be cross-examined by the attorney for the
+defendant. When the evidence for the plaintiff is all in, the defendant's
+attorney makes his opening statement, and then the witnesses for the
+defense are examined. The direct examination is now, of course, conducted
+by the counsel for the defendant, and the cross-examination by opposing
+counsel. When all the evidence for the defense has been introduced, the
+plaintiff may offer evidence in "rebuttal," that is, to contradict or
+disprove new matter adduced by the defense. And the defendant may then
+introduce evidence to refute matter first brought out by the rebuttal.
+
+Argument.--The case is now ready for "argument." One attorney on each side
+addresses the jury. Each tries to show that the evidence adduced has
+proved the facts alleged in his pleadings, and each asks for a decision in
+favor of his client. Usually the side upon which rests the burden of proof
+has the closing argument.
+
+Counsel must confine themselves to the law, the admitted facts and the
+evidence.
+
+Verdict.--The jury then retire in care of an officer to a room set apart
+for their use. Here they deliberate in secret. If after a reasonable time
+they cannot agree, they are discharged, and the case stands as if no trial
+had taken place. But if they agree they return to the court room and
+render their verdict. This is given by the foreman, and is assented to by
+the rest.
+
+Judgment.--After the verdict, the justice enters judgment in accordance
+therewith. Judgment may include certain sums of money allowed to the
+successful party in part compensation of his expenses. Such allowances and
+certain court expenses are called "the costs."
+
+
+AFTER THE TRIAL.
+
+Appeal.--If the defeated party feels that he has not been justly dealt
+with, he may ask for a new trial. If this be refused he may appeal his
+case to a higher court. He must make affidavit that the appeal is not
+taken for the purpose of delay, and must give bonds to cover the judgment
+and the costs of appeal. The higher court affirms or reverses the
+judgment, in the latter case granting a new trial.
+
+Sometimes the case is tried anew in the higher court, just as if there had
+been no trial in the justice court.
+
+Execution.--If no appeal is taken the defeated party may "satisfy" the
+judgment, that is, pay to the justice the sum specified therein. If at the
+expiration of the time allowed for appeal the judgment remains
+unsatisfied, the justice may issue an execution [Footnote: For forms, see
+Appendix, pp. 282-3.] against the property of the debtor.
+
+
+II. IN CRIMINAL ACTIONS.
+
+_Jurisdiction._
+
+Justices of the peace have jurisdiction throughout their respective
+counties, as follows:
+
+1. _To try_ charges where the punishment prescribed by law does not exceed
+a fine of one hundred dollars or imprisonment for three months. [Footnote:
+The extent of this jurisdiction varies somewhat in different states.]
+
+2. _To examine_ persons charged with crimes greater than those specified
+above, and to dismiss them or hold them for trial in a court having
+jurisdiction, as the facts seem to warrant.
+
+3. _To prevent_ crimes, by requiring reckless persons to give security to
+keep the peace.
+
+
+PROCEEDINGS IN CRIMINAL TRIAL.
+
+Preliminary.
+
+Complaint.--If a crime has been committed, the sufferer, or any one else,
+may appear before the justice of the peace and make complaint, under oath,
+specifying the nature of the crime, the time of its commission, and the
+name of the person believed to have perpetrated it, and requesting that he
+be apprehended for trial.
+
+Warrant.--If upon careful examination of the complainant and any witnesses
+whom he may bring, it appears that the offense has probably been
+committed, the justice issues a warrant, reciting the substance of the
+complaint, and commanding an officer to arrest the accused and produce him
+for trial.
+
+Return.--The officer arrests the accused, brings him before the justice,
+and makes a return of the warrant. The return is a statement on the back
+of the warrant telling how its commands have been executed. (See p. 283)
+
+Bail.--The accused is entitled to a speedy trial. But if for good cause it
+seems best to postpone it, the accused may be released from custody upon
+giving sufficient bail for his appearance at the time fixed for trial. If
+he cannot furnish bail, he is committed to jail or left in charge of the
+officer.
+
+Subpoena.--One good reason for postponing a trial is to enable the parties
+to secure witnesses. To this end, the justice issues subpoenas. But in
+this case the witnesses must come without the tender of the fee.
+
+_The Trial._
+
+Arraignment.--The first step in the trial proper is to inform the
+defendant of the nature of the crime with which he is charged. The
+accusation, as stated in the warrant, is distinctly read to him by the
+justice, and he is required to plead thereto. If he pleads guilty,
+conviction and sentence may follow at once. If he pleads not guilty, the
+trial proceeds.
+
+Trial.--After the joining of issue, and before the court proceeds to the
+examination of the merits of the case, a jury is impaneled as in a civil
+action. A jury may be waived by the defendant. Then follow the taking of
+the testimony, the arguments of counsel, the consideration and verdict by
+the jury. The defendant is then discharged if not guilty, or sentenced if
+found guilty. The penalty depends, of course, upon the nature of the
+offense.
+
+
+PROCEEDINGS IN EXAMINATION.
+
+Need of Examination.--Over crimes punishable by fine greater than $100 or
+imprisonment for more than three months, a justice of the peace usually
+has no jurisdiction of trial. The action must be tried in the district
+court, on the indictment of a grand jury. But in the meantime the
+perpetrator of a crime might escape. To prevent this, the accused may be
+arrested and examined by a justice of the peace, to ascertain whether or
+not there are sufficient grounds for holding him for trial.
+
+Proceedings.--The preliminary proceedings are precisely like those in case
+of a trial. Upon complaint duly made a warrant is issued, and the accused
+is arrested and brought before the justice. In the presence of the
+accused, the magistrate examines the complainant and witnesses in support
+of the prosecution, upon oath, "in relation to any matter connected with
+such charge which may be deemed pertinent."
+
+Rights of Accused.--The accused has a right to have witnesses in his
+behalf, and to have the aid of counsel, who may cross-examine the
+witnesses for the prosecution.
+
+The Result.--If it appears upon examination that the accused is innocent
+of the crime, he is discharged. If his guilt seems probable, he is held to
+await the action of the grand jury. In the case of some offenses bail may
+be accepted. But if no suitable bail is offered, or if the offense is not
+bailable, the accused is committed to jail. Material witnesses for the
+prosecution may be required to give bonds for their appearance at the
+trial, or in default thereof may be committed to jail.
+
+Reports.--The justice makes a report of the proceedings in the
+examination, and files it with the clerk of the court before which the
+accused is bound to appear for trial.
+
+
+PROCEEDINGS FOR PREVENTING CRIME.
+
+Prefatory.--But it is better to prevent crime than to punish it. Indeed,
+one reason for punishing wrongdoers is that the fear of punishment may
+deter people from committing crime.
+
+Proceedings.--As a conservator of the public peace, then, a justice may
+require persons to give bonds for good behavior. The preliminary
+proceedings are similar to those in the case of a trial--the complaint,
+warrant and return. But the complainant simply alleges upon oath, that a
+crime against his person or property has been threatened. The examination
+is conducted as in case of a criminal offense.
+
+Result.--If upon examination there appears reason to fear that the crime
+will be committed by the party complained of, he shall be required to
+enter into recognizance to keep the peace, failing in which he shall be
+committed to jail for the time to be covered by the surety, said time not
+to exceed six months.
+
+
+REMARKS ON CRIMINAL TRIALS.
+
+The care for the rights of the accused is based upon the principle in our
+law, that every man shall be held innocent till _proved_ guilty. Another
+principle is that a person accused of crime _cannot be tried in his
+absence._ The purpose of arresting him is to secure his _presence_ at the
+trial. If he can guarantee this by bail he is set at liberty, otherwise he
+is confined in jail. (See p. 231.)
+
+
+_Pertinent Questions._
+
+Are the justices and constables town, county or state officers? How is it
+known at the county seat who the justices and constables in each town are?
+Define docket, summons, warrant, pleading, subpoena, crime, felony,
+misdemeanor, venire, costs, execution, recognizance. Why are there two
+justices in each town? What is meant by "change of venue?" How is an oath
+administered in court? What persons may not serve as witnesses? If a
+criminal should make confession of the crime to his lawyer, could the
+lawyer be subpoenaed as a witness on the trial? Name some things "exempt
+from execution" in this state. What is to hinder a bitter enemy of yours,
+if you have one, from having you committed to prison. Can a _civil_ suit
+proceed in the absence of the defendant?
+
+
+_Practical Work._
+
+Assume that John Smith bought from Reuben White a cow, the price agreed
+upon being $30; that Smith refuses to pay, and White sues him. Write up
+all the papers in the case, make proper entries in the docket, assessing
+costs, etc.
+
+
+
+
+CHAPTER IV.
+
+THE INCORPORATED VILLAGE.
+
+
+Need of.--Owing to conditions, natural and artificial, favorable to
+business enterprises, people group together in certain places. Living in a
+limited area, the amount of land occupied by each family is small, and the
+territory is surveyed into lots and blocks. To make each homestead
+accessible, streets are laid out. The distances traveled being short,
+people go about principally on foot; hence the need of sidewalks. To
+reduce the danger of going about after dark, street-lamps are needed. The
+nearness of the houses to each other renders it necessary to take special
+precautions for the prevention of fires, and for their extinguishment in
+case they break out.
+
+But to provide and maintain all these things takes money, and the people
+living in the other parts of the town not sharing the benefits would
+hardly like to help pay for them. Hence it is but just that the people
+living in the thickly settled portion of the town should be permitted to
+separate from the rest and form an organization by themselves.
+
+Again, the circumstances being different, the regulations must be
+different in this part of the town. For instance, in the country a man may
+drive as fast as he pleases, while here fast driving endangers life and
+must be prohibited. In the country sleigh-bells are not needed, while here
+they must be used to warn people of the approach of teams. In the country,
+if a man's house takes fire no other person's property is endangered; but
+here the danger is such that all the people are interested in each man's
+house, and the community may require that chimneys be properly constructed
+and ashes safely disposed of.
+
+How Incorporated.--Villages are, with rare exceptions, incorporated under
+a general law specifying the number of inhabitants, the mode of voting on
+incorporation, etc.
+
+The method in Minnesota, which may be taken as typical, is as follows:
+Upon petition of thirty or more voters resident upon the lands to be
+incorporated, which lands have been divided into lots and blocks, the
+county commissioners appoint a time, and give due notice thereof, when the
+voters "actually residing within the territory described," may vote upon
+the question. If a majority of those voting favor incorporation, the
+commissioners file with the register of deeds the original petition, a
+true copy of the notice of election, and the certificate showing the
+result of the vote. The village thus becomes incorporated, and has the
+usual corporate powers. It organizes by electing officers.
+
+Elective Officers.--The usual elective officers of a village are a
+president, three trustees, a treasurer, and a recorder, who are chosen for
+one year, and two justices of the peace and a constable, elected for two
+years. [Footnote: The difference in term is accounted for by the fact that
+the justices and constables are in a measure county officers.]
+
+The Council and Its Powers.--The president, the three trustees, and the
+recorder constitute the village council. They may make, for the following
+purposes among others, such ordinances or by-laws as they deem necessary:
+
+1. To establish and regulate a fire department; to purchase apparatus for
+extinguishing fires; to construct water-works; to designate limits within
+which wooden buildings shall not be erected; to regulate the manner of
+building and cleaning chimneys, and of disposing of ashes; and generally
+to enact such necessary measures for the prevention or extinguishment of
+fires as may be proper.
+
+2. To lay out streets, alleys, parks, and other public grounds; to grade,
+improve, or discontinue them; to make, repair, improve, or discontinue
+sidewalks, and to prevent their being encumbered with merchandise, snow or
+other obstructions; to regulate driving on the streets; to appoint a
+street commissioner.
+
+3. To erect lamp-posts and lamps, and provide for the care and lighting of
+the lamps.
+
+4. To appoint a board of health, with due powers; to provide public
+hospitals; to regulate slaughter-houses; to define, prevent, and abate
+nuisances.
+
+5. To establish and maintain a public library and reading-room.
+
+6. To prohibit gambling; to prevent, or license and regulate the sale of
+liquor, the keeping of billiard-tables, and the exhibition of circuses and
+shows of all kinds; to appoint policemen, and provide a place of
+confinement for offenders against the ordinances.
+
+7. In general, "to ordain and establish all such ordinances and by-laws
+for the government and good order of the village, the suppression of vice
+and immorality, the prevention of crime, the protection of public and
+private property, the benefit of trade and commerce, and the promotion of
+health, not inconsistent with the constitution and laws of the United
+States or of this state, as they shall deem expedient," and to provide
+penalties for the violation of the ordinances.
+
+All fines and penalties imposed belong to the village.
+
+Appointive Officers.--The council appoints, as provided by law, a village
+attorney, a poundmaster, one or more keepers of cemeteries, one or more
+fire-wardens, and regular and special policemen; and it prescribes the
+duties and fixes the compensation of these officers. The council also
+elects at its first meeting, a village assessor, who shall hold his office
+one year.
+
+Vacancies and Removals.--Vacancies in any of the village offices are
+filled by the council, and it has power to remove any officer elected or
+appointed by it whenever it seems that the public welfare will be promoted
+thereby.
+
+Like Town Officers.--The assessor, treasurer, justices of the peace, and
+constable, have the same duties and responsibilities as the corresponding
+officers in the town. The village has a seal, of which the recorder is the
+custodian; and he is, as has been said, a member of the council. Otherwise
+the duties of the recorder are similar to those of the town clerk.
+
+Elections.--A village usually constitutes one election district and one
+road district. Village elections are conducted as are those in a town.
+
+Enlargements.--Lands adjoining the village may be annexed to it, at the
+wish and with the consent of the voters of the territory and of the
+village. The will of the voters aforesaid is expressed at an election
+called, after due notice, by the county commissioners.
+
+
+_Some Pertinent Questions._
+
+Name the incorporated villages in your county. Any others that you know.
+Name some villages, so-called, which are not incorporated. Why are the
+petition and other papers of incorporation recorded?
+
+Can a person living in a village build a sidewalk to suit his own fancy?
+Why? Suppose that owing to a defective sidewalk you should break your leg,
+what responsibility would lie on the village?
+
+How would you get your pay if you had a bill against a village?
+
+The village council has power "to establish and regulate markets." Why
+should the sale of meats be regulated any more than the sale of flour or
+of clothing? May the sale of bread be regulated?
+
+What is the difference between a policeman and a constable.
+
+Compare the village and the town, telling wherein they are alike and
+wherein they are different.
+
+
+_Debate_.
+
+Resolved, That for a village of 1000 inhabitants or less it is wise not to
+become incorporated.
+
+
+
+
+CHAPTER V.
+
+THE CITY.
+
+
+Need Of.--A village being one election district has only one polling
+place. The community may increase so in numbers as to make it necessary to
+have several voting places. For the accommodation of the people, these
+would naturally be located in different parts of the community; and to
+prevent fraud, voting precincts would have to be carefully defined. The
+council would naturally be made up of representatives from these
+divisions.
+
+When, under this arrangement, the voters assemble in different parts of
+the community, they could not listen to financial reports and vote taxes,
+as they do in the town and the village. Hence it would be necessary to
+endow the council with increased powers, including the power to levy taxes
+without the direct authorization of the people.
+
+The expenses for public improvements, for waterworks, sewers,
+street-lighting, etc., may take more money than it would be prudent to
+assess upon the community for immediate payment. In this case it would be
+desirable for the community to have the power to issue bonds.
+
+Again, with increase in population there is an increase in the number of
+disputes over private rights, and temptations to crime become more
+numerous. Hence the need of one or more courts having jurisdiction greater
+than that possessed by justices of the peace. The conditions necessitate
+also an increase in the number and the efficiency of the police. And to
+render the police efficient it is necessary that they be under the
+direction of one man, the same one who is responsible for the carrying out
+of the ordinances of the council, namely, the mayor.
+
+A community organized to comply with the foregoing requirements--divided
+into wards, having a council made up of aldermen from those wards, having
+a council authorized to levy taxes at its discretion, having a municipal
+court, having regularly employed police acting under the direction of the
+mayor--is a city, as the term is generally used in the United States.
+
+Another reason for establishing a city government is frequently potent,
+although unmentioned. The pride of the community can be thereby indulged,
+and more citizens can have their ambition to hold public office gratified.
+
+How Organized.--A city may be organized under general law or special
+charter from the legislature. Large cities, and small ones with _great
+expectations_, usually work under a charter. But the custom is growing of
+organizing cities at first under general law. Then if a city outgrows the
+general law, grows so that it needs powers and privileges not granted
+therein, it may properly ask the legislature for a special charter.
+
+As a type, the principal provisions of the general law of Minnesota are
+here given, as follows:
+
+"Whenever the legal voters residing within the limits of a territory
+comprising not less than two thousand inhabitants, and not more than
+fifteen thousand, and which territory they wish to have incorporated as a
+city, shall sign and have presented to the judge of probate of the county
+in which such territory is situated, a petition setting forth the metes
+and bounds of said city, and of the several wards thereof, and praying
+that said city shall be incorporated under such name as may therein be
+designated, the judge of probate shall issue an order declaring such
+territory duly incorporated as a city, and shall designate the metes,
+bounds, wards, and name thereof, as in said petition described." And the
+judge of probate designates the time and places of holding the first
+election, giving due notice thereof. He also appoints three persons in
+each ward, of which there shall be not less than two nor more than five,
+to act as judges of election. The corporation is established upon the
+presentation of the petition, and the organization is completed by the
+election of officers.
+
+The usual elective officers of a city are a mayor, a treasurer, a
+recorder, one justice of the peace for each ward, styled "city justice,"
+all of whom shall be qualified voters of the city, and one or more
+aldermen for each ward, who shall be "qualified voters therein." All other
+city officers are appointed.
+
+The term of mayor, city justices and aldermen is in most states two years;
+that of the other officers, one year.
+
+Any officer of the city may be removed from office by vote of two-thirds
+of the whole number of aldermen. But an elective officer must be given "an
+opportunity to be heard in his own defense."
+
+A vacancy in the office of mayor or alderman is filled by a new election.
+A vacancy in any other office is filled by appointment. The person elected
+or appointed serves for the unexpired term.
+
+The Mayor is the chief executive officer and head of the police of the
+city. By and with the consent of the council, he appoints a chief of
+police and other police officers and watchmen. In case of disturbance he
+may appoint as many special constables as he may think necessary, and he
+may discharge them whenever he thinks their services no longer needed.
+
+The City Council consists of the aldermen. [Footnote: In some states the
+city council consists of two bodies.] It is the judge of the election of
+its own members. A majority of the members elected constitutes a quorum
+for the transaction of business.
+
+The council chooses its own president and vice-president. In case the
+mayor is absent from the city or for any reason is temporarily unable to
+act, the president of the council acts as mayor, with the title Acting
+Mayor.
+
+Passing Ordinances.--The mode of passing an ordinance is unlike anything
+that we have considered up to this time, and deserves special attention on
+account of its resemblance to the mode of making laws in the state and
+general governments. It is as follows. If a proposed ordinance is voted
+for by a majority of the members of the council present at any meeting, it
+is presented to the mayor. If he approves it, he signs it, and it becomes
+an ordinance. But if he does not approve it, he returns it, through the
+recorder, to the council, together with his objections. [Footnote: This is
+called _vetoing_ it, from a Latin word _veto_, meaning _I forbid_.]The
+council, then reconsiders the proposed ordinance in the light of the
+mayor's objections. If, after such reconsideration, two-thirds of the
+members elected vote for it, it becomes an ordinance, just as if approved
+by the mayor. "If an ordinance or resolution shall not be returned by the
+mayor within five days, Sundays excepted, after it shall have been
+presented to him," it shall have the same effect as if approved by him.
+
+Publication of Ordinances.--The ordinances and by-laws of the council are
+published in a newspaper of the city, selected by the council as the
+official means of publication, and are posted in three conspicuous places
+in each ward for two weeks, before they become operative.
+
+Council Powers.--The city council has about the same powers as a village
+council in regard to streets, the prevention and extinguishment of fires,
+etc.--the same in kind but somewhat more extensive. But it can also levy
+taxes for public purposes, as has before been said. It usually elects the
+assessor, the city attorney, the street commissioner, and a city surveyor,
+and in some states other officers.
+
+The recorder, treasurer, assessor, justices of the peace, and police
+constables, have duties similar to those of the corresponding officers in
+a village or a town.
+
+
+_Some Pertinent Questions_.
+
+If two persons should claim the same seat in the city council, who would
+decide the matter?
+
+State three ways in which a proposed ordinance may become an ordinance.
+Two ways in which it may fail. How can persons living in a city find out
+what ordinances the council passes? How far are the ordinances of any city
+operative?
+
+Compare the government of a village with that of a city.
+
+Are school affairs managed by the city council? How is it in a village? In
+a town.
+
+If a new school-house is needed in a city, and there is not money enough
+in the treasury to build it, what can be done?
+
+If you live in a city having a special charter, borrow a copy of it from a
+lawyer or from the city recorder, and find out what powers and privileges
+are granted to the corporation not specified in the general law; what
+limitations are imposed; and, if a municipal court is provided for, what
+its jurisdiction is in civil actions and in criminal prosecutions.
+
+Name the principal officers in your city. The aldermen from your ward.
+
+What are some of the dangers of city government? Consult Macy's Our
+Government, pp. 51-53, and Nordhoff's Politics for Young Americans.
+
+
+_Questions for Debate._
+
+Resolved, That for a community of 5000 inhabitants or less a village
+organization is better than a city organization.
+
+
+
+
+CHAPTER VI.
+
+THE COUNTY.
+
+
+Need Of.--A county organization is needed for the following reasons:
+
+1. _To establish the lower organizations_. As we have seen, the
+organizations within the county are established by county officers. But,
+it may properly be asked, why not have them organized by the state
+directly? There are at least three good reasons: In the first place, it
+would be too burdensome to the state; that is, the state would act through
+the legislature, and to organize all the individual school districts,
+towns, villages, and cities, would take up too much of the time of the
+legislature. In the second place, the organizing could only be done at
+certain times, namely during the session of the legislature, and in the
+meantime communities would have to wait. In the third place, the records
+of incorporation would be inaccessible in case they were needed for
+reference.
+
+2. _To serve as a medium between the state and the lower organizations._
+The state uses the town, village, and city to value property for purposes
+of taxation and as election districts. But it gets its taxes and its
+election returns through the county. Here again may arise the question,
+why not send the state taxes directly to the capital and make election
+returns directly also? At least two good reasons appear: It would increase
+the work and therefore the number of officials at the capital, and if a
+mistake should be made it could not be so easily discovered and corrected.
+
+3. _To carry on public works beyond the power of the towns individually._
+A desired local improvement may be beyond the power of a town either
+because it is outside of the jurisdiction of the town or because of its
+expense. Thus, a road may be needed between two centers of population,
+villages or cities, which would run through several towns, while the
+jurisdiction of the towns individually extends only to their own borders.
+Or a bridge over a wide stream may be needed, which would be too expensive
+for the town in which it is located. The road and the bridge would better
+be provided by the county.[Footnote: Sometimes state aid is secured. Do
+you think it wise, as a rule, for the state to grant such aid?] And the
+poor can generally be better cared for by the county than by the
+individual towns, for the county can erect and maintain a poor-house.
+
+4. _To secure certain local officers not needed in every town;_ for
+instance, a register of deeds, the coroner, the judge of probate, the
+superintendent of schools (in most states), and the surveyor.
+
+5. _To serve as a territorial basis for the apportionment of members of
+the legislature._ This is, perhaps, merely an incidental gain. But its
+convenience in defining legislative districts is obvious.
+
+6. _To make justice cheap and accessible._ It is well in many ways, as we
+have seen, to have in every town, village, and city, courts of limited
+jurisdiction. But to _establish justice_ in any generous or satisfying
+sense there should be within the reach of every citizen a court competent
+to try _any_ difference between individuals regardless of the amount in
+controversy, and able to punish any crime against the laws of the state.
+To bring such a court within the reach of every one was the original
+reason for the establishment of the county, and remains today the greatest
+advantage derived from its existence.
+
+Establishment.--Counties are established by the state legislature.
+
+In thinly settled parts of a state the counties are much larger than in
+the populous parts. A county should be large enough to make its
+administration economical, and yet small enough to bring its seat of
+justice within easy reach of every one within its boundaries. In the ideal
+county a person living in any part thereof can go to the county seat by
+team, have several hours for business, and return home the same day.
+
+County Board.--The administration of county affairs is in the hands of the
+county commissioners or supervisors. This board is usually constructed on
+one of two plans: Either it consists of three or five members, the county
+being divided into commissioner districts; or else it is constituted of
+the chairmen or other member of each of the several town boards. The
+former plan prevails in Minnesota, Iowa, and other states; the latter in
+Wisconsin, Michigan, most of Illinois, and in other states.
+
+The commissioners have charge of county roads and bridges, county
+buildings and other county property, and the care of the county poor.
+Through the commissioners the county exercises the usual corporate powers.
+
+Recording Officer.--The recording officer of the county is called in some
+states the county auditor, in others the recorder, and in others the
+county clerk. As we would expect, he is secretary of the board of
+commissioners and the custodian of county papers; and all orders upon the
+treasurer are issued by him. The auditor is also bookkeeper for the
+county, that is, he keeps an account of the money received and paid out by
+the county treasurer.
+
+In Minnesota and some other states, he computes all the taxes for the
+county, [Footnote: In some states, among them Wisconsin, this computation
+is performed by the several town clerks, and the moneys are collected by
+the town treasurers.] and makes the tax-lists, showing in books provided
+for the purpose just how much the tax is on each piece of real estate and
+on personal property. These books he turns over to the county treasurer to
+be used in collecting the taxes.
+
+Treasurer.--The county treasurer is, in some states, one of the most
+important officers. He is the great financial agent, collecting all the
+taxes paid by the people for school, town, village, city, county and state
+purposes, except assessments for city sidewalks and street grading. Great
+care must, therefore, be taken to guard the public money. The precautions
+serve as a check upon weak or dishonest officials, while right-minded ones
+welcome them as keeping their good name above suspicion. As a type, the
+precautions taken in Minnesota are given, to-wit:
+
+1. The selection of an honest man for the office, so far as possible, is a
+prime consideration.
+
+2. The treasurer must give a bond for such amount as the county
+commissioners direct.
+
+3. He shall pay out money only upon the order of proper authority.
+[Footnote: Moneys belonging to school district, town, village, or city,
+are paid on the warrant of the county auditor; county money, on the order
+of the county commissioners, signed by the chairman and attested by the
+county auditor; state money, on the draft of the state auditor in favor of
+the state treasurer.] This order signed by the payee is the treasurer's
+receipt or voucher.
+
+4. He shall keep his books so as to show the amount received and paid on
+account of separate and distinct funds or appropriations, which he shall
+exhibit in separate accounts.
+
+5. The books must be balanced at the close of each day.
+
+6. When any money is paid to the county treasurer, excepting that paid on
+taxes charged on duplicate, the treasurer shall give, to the person paying
+the same, duplicate receipts therefor, one of which such persons shall
+forthwith deposit with the county auditor, in order that the county
+treasurer may be charged with the amount thereof.
+
+7. The county auditor, the chairman of the board of county commissioners,
+and the clerk of the district court, acting as an auditing board,
+carefully examine at least three times a year the accounts, books and
+vouchers of the county treasurer, and count the money in the treasury.
+
+8. The state examiner makes a similar examination at least once a year. No
+notice is given in either case.
+
+9. As security against robbers, the money in the possession of the county
+treasurer must be deposited on or before the first of every month in one
+or more banks. The banks are designated by the auditing board, and must
+give bonds for twice the amount to be deposited.
+
+Register of Deeds.--Without hope of reward no one would work. To encourage
+frugality, people must be reasonably secure in the possession of their
+savings. One of the things for which a person strives is a home.
+Therefore, great care is taken to render a person who has bought a home,
+or other landed property, secure in its possession. Among the means
+employed are these: 1. The purchaser is given a written title to the land.
+This is called a _deed_. 2. In order that any person may find out who owns
+the land, thus preventing a person reputed to own it from selling it, or
+the owner from selling to several persons, a _copy_ of the deed is made by
+a competent and responsible public officer in a book which is kept for
+that purpose and which is open to public inspection. This is called
+_registering_ the deed, and the officer is called the register of deeds.
+[Footnote: Incidentally this officer records other instruments, such as
+official bonds, official oaths, etc.] The register may have assistants, if
+necessary, he being responsible for their work.
+
+Judge of Probate.--But not only should a person enjoy the fruit of his
+labors while living, he should also be able to feel that at his death his
+property shall descend to his family or others whom he loves. Many persons
+before they die make a written statement, telling how they wish their
+property disposed of. This written statement is called a will or
+testament. Some who are possessed of property die without making a will.
+They are said to die _intestate_. To see that the provisions of wills, if
+any be made, are complied with, and, in case no will is made, to make sure
+that the property comes into possession of those best entitled to it, is
+the important and wellnigh sacred duty of an officer called the judge of
+probate. If no one is named in the will to look after the education and
+property of minor heirs, the judge of probate may appoint a guardian. The
+appointee must give bonds for the faithful discharge of his duty.
+[Footnote: see chapter VII.] Incidentally it is made the duty of the judge
+of probate to appoint guardians for any persons needing them, such as
+insane persons, spendthrifts, and the like. He seems to be the friend of
+the weak.
+
+County Surveyor.--To survey all public improvements for the county, such
+as roads, lands for public buildings, &c., there is an officer called the
+county surveyor. He is required to preserve his "field notes" in county
+books furnished for the purpose. Individuals frequently call upon him to
+settle disputes about boundary lines between their estates.
+
+Superintendent of Schools.--Not every one is competent to teach, and to
+protect the children as far as possible from having their time worse than
+wasted by incompetent would-be teachers, is the very responsible duty of
+the county superintendent of schools. From among those who present
+themselves as candidates he selects by a careful examination those whom he
+deems most competent, and gives to each a certificate of qualification. He
+visits the schools and counsels with the teachers regarding methods of
+instruction and management. It is his duty also to hold teacher's
+meetings. He reports annually to the state superintendent of public
+instruction such facts as the superintendent calls for.
+
+County Attorney.--Like railroads and other corporations, the county keeps
+a regularly employed attorney to act for it in all suits at law. This
+officer is called the county attorney. He represents the state in all
+criminal prosecutions and is for this reason sometimes called the state's
+attorney.
+
+Sheriff.--An ancient officer of the county is the sheriff. He has three
+principal lines of duty: 1. To preserve the peace within the county. 2. To
+attend court. 3. To serve processes. He pursues criminals and commits them
+to jail. He has charge of the county jail and is responsible for the
+custody of the prisoners confined in it. He opens and closes each session
+of the district court, and during the term has charge of the witnesses,
+the juries, and the prisoners. It is his duty to carry into execution the
+sentence of the court. He serves writs and processes not only for the
+district court, but also for justices of the peace and court
+commissioners.
+
+Coroner.--Another officer of the county, ancient almost as the sheriff, is
+the coroner. If the dead body of a human being is found under
+circumstances which warrant the suspicion that the deceased came to his
+death by violence, it is the coroner's duty to investigate the matter and
+ascertain if possible the cause of the death. He is aided by a jury
+summoned by him for the purpose.
+
+At a time in early English history when the only county officers were the
+sheriff and the coroner, the coroner acted as sheriff when the latter was
+for any reason incapacitated. And the practice still continues. Thus, if
+there is a vacancy in the office of sheriff, the coroner acts till a new
+sheriff is chosen. And in most states the coroner is the only officer who
+can serve process upon the sheriff or who can arrest him.
+
+Clerk of the Court.--The district court [Footnote: See next chapter.] is a
+"court of record." That is, it has a seal and a special officer to record
+its proceedings. He is called the clerk of the court. He of course also
+files and preserves the papers in each case. He has also certain
+incidental duties.
+
+Court Commissioner.--Court is not always in session, and there are certain
+powers possessed by a judge "in chambers," that is, which the judge may
+exercise out of court. For instance, he may grant a writ of attachment or
+of _habeas corpus_. Where a judicial district comprises several counties,
+as is usually the case, a provision is made in some states for an officer
+in each county authorized to perform such duties in the absence of the
+judge. In Minnesota and most other states he is called the court
+commissioner.
+
+Election and Term.--The county officers are in most sections of the
+country elected by the people of the county. The term is usually two
+years.
+
+Removals and Vacancies.--Provision is made for the removal of any county
+officer for non-feasance or malfeasance in office. The power to remove is
+generally vested in the governor. The accused must be given an opportunity
+to be "heard in his own defense." Vacancies are generally filled by the
+county commissioners. They appoint some one, not one of themselves, to
+serve until the next election.
+
+Qualifying.--Each officer before assuming the duties of his office takes
+the official oath. All of the officers except the commissioners and the
+superintendent of schools are required to give bonds. Copies of these
+bonds are preserved by the register of deeds, and the originals are
+forwarded to the secretary of state.
+
+Compensation.--Compensation is usually by salary or by fees. The matter is
+usually in the hands of the county commissioners, except so far as
+concerns their own compensation, which is fixed by law. This is usually a
+_per diem_.
+
+Eligibility.--Any voter who has resided in the county a certain time
+(usually about thirty days) is eligible to any county office, except that
+of attorney or court commissioner. The former must be a person admitted to
+practice in all the courts of the state. The latter must be a man "learned
+in the law."
+
+In some cases a person may hold two offices at the same time; thus, a
+person may be court commissioner and judge of probate. But no person can
+hold two offices one of which is meant to be a check upon the other. For
+instance, no one could be auditor and treasurer at the same time. In some
+states there is a bar against holding certain offices for two terms in
+succession.
+
+
+_Some Pertinent Questions._
+
+What is the difference between a town road and a county road? Point out
+one of each kind. If you wanted a change in a county road, to whom would
+you apply?
+
+Get a warranty deed and fill it out for a supposed sale. Compare with it a
+mortgage deed. A quitclaim deed. Compare a mortgage deed with a chattel
+mortgage. Account for the differences. If A buys a farm from B and does
+not file his deed, who owns the farm?
+
+If a man possessing some property should get into habits of gambling and
+debauchery, squandering his money and not providing for his family, what
+could be done? On what grounds could this interference by a public officer
+be justified?
+
+Who would be keeper of the jail if the sheriff should be a prisoner? Why
+not one of the deputy sheriffs?
+
+Study out carefully the derivation of the words auditor, sheriff, coroner,
+probate, commissioner, supervisor, superintendent.
+
+The county attorney is usually paid a salary while the register of deeds
+usually gets the fees of his office. What seems to govern in the matter?
+Name the salaried officers in this county. The officers who are paid fees.
+
+To whom are school taxes paid? Town taxes? County taxes? State taxes? How
+much of the money paid at this time goes to the United States?
+
+How does the tax collector know how much to take from each person? From
+whom does he get this book?
+
+The amount of a person's tax depends upon the _value_ of his property and
+the rate of tax. How is the former fact ascertained? To whom, then, does
+the assessor report when he has concluded his labors?
+
+The rate of tax depends upon the amount to be raised and the value of the
+property on which it is to be assessed. Who determines how much money
+shall be raised in a district for school purposes during any year? When is
+this determined? Who records the proceedings of the meeting? To whom must
+he report the amount of tax voted? Who determines how much money is to be
+raised in the town for bridges, etc.? When? Who records the proceedings of
+the meeting? To whom must he report the amount of tax voted? Who vote the
+taxes in a village? When? Who reports to the computing officer? Who vote
+the taxes in a city? Why not the people? When? How reported to the
+computing officer? Who determines how much money is to be raised for
+county purposes? When? Who is secretary of the meeting? To whom does he
+report? Who determines how much money shall be raised for state purposes?
+How does the proper officer become acquainted with the facts necessary to
+the raising of the money?
+
+State the gist of the matter brought out by the questions in the last four
+paragraphs.
+
+How does the school district treasurer get the school district money?
+
+Trace a dollar from the time it leaves a farmer's hand as taxes till it
+reaches the teacher as salary.
+
+If you had a bill against the county how would you get your pay? What
+could you do if pay were refused? Make out in due form a bill against your
+county.
+
+
+
+
+CHAPTER VII.
+
+ESTABLISHING JUSTICE IN THE COUNTY.
+
+
+Classes of Cases.--There are three general classes of judicial business
+carried on in the county: probate business, civil actions, and criminal
+prosecutions.
+
+
+PROBATE COURTS.
+
+Jurisdiction.--The principal business and characteristic work of probate
+courts is the settlement of the estates of deceased persons. Jurisdiction
+extends in most states over both personal property and real estate.
+Incidentally probate courts appoint guardians for minors and others
+subject to guardianship, and control the conduct and settle the accounts
+of such appointees.
+
+In many states jurisdiction wholly extraneous to the characteristic work
+of these courts is imposed upon them, or the probate business is
+associated with other jurisdiction in the same court. Thus, in Minnesota
+the judge of probate is petitioned in the organization of cities, as we
+have seen. In Wisconsin, the county court, which has charge of the probate
+business, has civil jurisdiction also. In Illinois, the county court in
+addition to the probate business has jurisdiction "in proceedings for the
+collection of taxes and assessments." And in Kansas, the probate court has
+jurisdiction in cases of _habeas corpus_.
+
+Procedure in case a Will has been made.--The proceedings of a probate
+court have in view two chief objects, namely, to pay the debts of the
+deceased and to distribute the remainder of his property among those
+entitled to it. In case the deceased has left a will, the proceedings are
+as follows:
+
+1. _Petition for probate._ Within a short time, usually thirty days, after
+the death of the testator, the executor or other custodian of the will
+presents it to the probate court with a petition that it be admitted to
+probate. (For form of petition, see p. 286.)
+
+2. _Citation to persons interested._ Acting on the petition, the probate
+judge publishes in a newspaper a notice to all persons interested in the
+estate that at a specified time, action will be taken on the petition. To
+afford all who are interested an opportunity to be present at the
+"hearing," the notice must be published for a prescribed time, and in some
+states each of the heirs must, if possible, be personally notified.
+
+3. _Hearing the proofs._ At the time specified in the notice, unless
+postponement be granted for cause, the proofs of the validity of the will
+are presented. It must be shown that the testator is dead, that the
+instrument was executed by him voluntarily, in the manner prescribed by
+statute, and while he was of "sound mind and disposing memory." Usually it
+will be sufficient for the two witnesses to the instrument to appear and
+testify to the material facts. If any one interested in the distribution
+of the property thinks that this will should not be accepted as the "last
+will and testament" of the deceased, he should now enter objections. In
+case of a contest, the proceedings are about the same as those in a
+justice or circuit court; but there is no jury in the probate court, nor
+is there any plea except the petition.
+
+4. _Admission to probate._ If the proofs are satisfactory to the court,
+the will is "admitted to probate," that is, it is accepted as true and
+valid. Its validity is established by a decree of the court, and a
+certificate of the fact is attached to the will. A copy of the will is
+made in a book kept for the purpose. The original and all the papers in
+the case are filed and preserved by the judge of probate. (See pp. 287 and
+288.)
+
+5. _Issuance of letters testamentary_. The genuineness of the will being
+established, it is now in order to carry out its provisions. Usually the
+testator designates in his will the person or persons whom he wishes to
+act as his representative in the settlement of the estate. Such a person
+is called an "executor." If no person is so named, the court appoints an
+"administrator with the will annexed." In either case the person derives
+his authority from the court. Unless excused in the will, the executor or
+administrator is required to give bonds proportioned to the amount of the
+personal property in the estate, the amount of bond being specified by the
+court. The executor is then furnished with a copy of the will and with
+"letters testamentary." (The authority granted by the letters may be seen
+by reference to the form in the appendix, p. 288.)
+
+6. _Notice to creditors_. It is a principle of law that all just debts
+shall be paid out of one's property before any further disposition thereof
+can take effect. In order that all persons having claims against the
+estate of the deceased may have an opportunity to present their accounts,
+a time for such presentation is designated by the court, and due notice
+thereof is given, usually by publication in a newspaper.
+
+7. _Inventory of the estate_. In the meantime, the executor makes an
+inventory of the property, and appraisers appointed for the purpose "put a
+value" thereon, the several items of the inventory being valued
+separately.
+
+8. _Auditing claims._ At the time appointed in the notice, the court
+passes upon the claims of creditors. Since unscrupulous persons are at
+such times tempted to present fraudulent claims, the judge exercises great
+care in examining the accounts. To facilitate matters it is required that
+accounts be itemized, and that they be verified by oath.
+
+Debts are paid out of the personal property, if there be enough. If not,
+the court authorizes the executor to sell real estate to pay the balance.
+
+9. _Settlement of estate and division of property._ The executor having
+collected debts due the estate and settled all claims against it, makes
+his final statement to the court, and the remaining property is
+distributed among the heirs and legatees. To continue and perfect the
+chain of title, the division of the real estate is recorded in the office
+of the register of deeds.
+
+If there are minor heirs, the court appoints guardians for them.
+
+Procedure in case no Will is made.--If there is no will, the four steps
+which have in view the establishment of the validity of the will, are
+unnecessary. The initial step in this case is the appointment of an
+administrator to do the work which under a will is done by the executor.
+In order that an administrator acceptable to the heirs may be appointed,
+the following steps are taken:
+
+1. Someone interested in the estate petitions for the appointment of a
+certain person as administrator.
+
+2. Notice of hearing is given by publication, citing those interested in
+the estate to appear at a certain day if they desire to enter any
+objection to the appointment.
+
+3. If at the time specified for the hearing no objection is made, the
+person petitioned for is appointed administrator, and "letters of
+administration" are issued to him.
+
+Then beginning with the sixth step the proceedings are substantially the
+same as in case of a will, except that the basis of distribution in the
+ninth is the _law_ instead of the _will_.
+
+"As befits an authority which thus pervades the sanctity of a household,
+crosses the threshold and exposes to public view the chamber of mourning,
+probate jurisdiction in the United States is exercised with great
+simplicity of form as well as decorum." [Footnote: Schouler's Executors
+and Administrators.]
+
+
+_Some Pertinent Questions._
+
+What is a will? [Footnote: See Dole's Talks about Law.] Why must it be in
+writing? Must it be in the handwriting of the testator? Why are the
+witnesses essential? Is the form of a will essential? Is it necessary that
+the witnesses know the contents of the will?
+
+What is the difference between an heir and a legatee? May either be
+witness to the will? Why? If the witnesses die before the testator, how
+can the will be proved?
+
+What is a codicil? If there be two wills of different dates, which will
+stand? What difference does it make whether a person having property makes
+a will or not?
+
+Group the proceedings in case of a will into three groups.
+
+A minor may have two guardians, one of its person and the other of its
+property? Why? What is to hinder a guardian from abusing his trust?
+
+
+DISTRICT, CIRCUIT OR SUPERIOR COURTS.
+
+Jurisdiction.--This court has original jurisdiction in all civil and
+criminal cases within the district which do not come within the
+jurisdiction of the justice courts. It has appellate jurisdiction from
+probate and justice courts as provided by law.
+
+Procedure.--The proceedings are substantially the same as in a justice
+court except that in criminal cases they are based upon an indictment by
+the grand jury, and after the arguments the judge "charges" the jury, that
+is, instructs it regarding its duty.
+
+Pleadings.--The pleadings in the district court are somewhat more
+elaborate than in a justice court, and a few words in regard to them
+further than what has already been given may not be out of place here.
+
+The defendant in making his plea may raise a question as to the
+jurisdiction of the court, or he may ask that the case be thrown out of
+court on account of some irregularity of the writ upon which it is based.
+Since these pleas, if successful, simply delay the trial, because a new
+suit may afterwards be brought, they are called _dilatory pleas_.
+
+But he may deny the plaintiff's ground of action by denying the
+allegations of the plaintiff and challenging him to trial. This plea is
+called the general issue. He may admit the plaintiff's allegations but
+plead other facts "to avoid their effect." This is called the plea of
+confession and avoidance. These pleas are on the merits of the case, and
+are called _pleas in bar_. There are other pleas of this kind.
+
+"Pleas in bar, except the general issue, may give rise to counter pleas"
+introduced by the parties alternately.
+
+But the issue may be one of law instead of fact, and the defendant may
+enter a _demurrer_, claiming that the matters alleged are not sufficient
+in law to sustain the action.
+
+Evidence.--Some of the fundamental principles or rules which govern the
+taking of evidence and the weighing of testimony may properly appear here.
+These rules are designed to exclude all irrelevant matter and to secure
+the best proof that can be had.
+
+1. _Witnesses must be competent_. That is, in general, they must be able
+to understand the nature and solemnity of an oath. This will usually
+exclude children below a certain age, insane persons and persons drunk at
+the time of offering testimony.
+
+2. _Witnesses must testify of their own knowledge_. Usually they are
+barred from telling what they simply believe to be the fact or what they
+have learned from hearsay.
+
+3. _Evidence must go to prove the material allegations of the pleadings_.
+It must be confined to the question at issue. It is to be observed that
+the evidence must not only go to prove the matter alleged, but it must be
+the _material_ not the superfluous matter. What is material and what
+superfluous will depend upon the case. Thus if it is alleged that a suit
+of clothes was obtained by the defendant at a certain time, his obtaining
+the clothes is the material fact and the time may be superfluous or
+immaterial. But if a note is in controversy its date is material as
+establishing its identity.
+
+4. _"The evidence must be the best of which the case is susceptible."_
+Thus, in case of a written instrument the best evidence is the instrument
+itself; the next best, a copy of it; the next, oral statement of its
+contents. And a copy will not be accepted if the original can be produced.
+
+5. _The burden of proof lies on the affirmative_. In civil cases the party
+affirming is usually the plaintiff. In criminal cases it is the state.
+Harmonizing with this principle is the constitutional provision that in
+criminal cases the accused shall not be required to give evidence against
+himself.
+
+These are the principal rules of evidence, but they have many
+applications. Learned volumes have been written elaborating them.
+
+Grand Jury.--A grand jury may be defined as a body of men returned at
+stated periods from the citizens of the county, before a court of
+competent jurisdiction, chosen by lot, and sworn to inquire of public
+offenses committed or triable in the county.
+
+The number of grand jurors was formerly twenty-three. By statute many of
+the states have fixed upon a smaller number, Oregon having only seven. A
+common number is fifteen. Some states have no grand jury. In some others
+the grand jury is summoned only when requested by the court.
+
+The United States constitution and most of the State constitutions declare
+that no person shall be held to answer for a criminal offense, except a
+minor one, "unless on the presentment or indictment of a grand jury." This
+is to save people from the vexation and expense of arrest and trial unless
+there is reasonable presumption of their guilt. On the other hand, a grand
+jury should aid in bringing to justice persons who indulge in practices
+subversive of public peace, but which individuals are disinclined to
+prosecute, such as gambling. Incidentally the grand jury examines into the
+condition of the county jail and poor-house.
+
+The mode of selecting grand jurors is in general the same in all the
+states. The steps are three: first, the careful preparation of a list of
+persons in the county qualified to serve; second, the selection, by lot,
+from this list of the number of persons needed; third, the summoning of
+the persons so chosen. The number of persons in the first list is from two
+to three times the number of jurors. The preparation of the list is in
+some states entrusted to the county board; in others, to jury
+commissioners; in others, to the local boards. The names are reported to
+the clerk of the court, who in the presence of witnesses, makes the
+selection by lot. The summoning is done by the sheriff.
+
+On the first day of the term, the court appoints one of the jurors
+foreman. The jury is then sworn, and, after being charged by the court,
+retires to a private room and proceeds to the performance of its duty.
+
+The deliberations of the grand jury are conducted in secret. It may,
+however, summon and examine witnesses, [Footnote: Witnesses for the
+accused are not usually examined by the grand jury.] and may have the
+advice of the court or of the county attorney.
+
+The fact that a crime has been committed within the county may be brought
+to the notice of the grand jury by any member thereof or by any other
+person. If upon examination there seems to be reason for believing that it
+was committed by the person accused, the county attorney is called upon to
+frame a formal accusation against him, called an _indictment_, which is
+endorsed with the words "a true bill," and sent to the court. Upon the
+indictment the person accused is arrested and tried.
+
+If the evidence against the accused is insufficient to warrant indictment,
+but yet his innocence is questionable, the grand jury may bring a
+_presentment_ against him. This is an informal statement in writing
+addressed to the court setting forth the offense and stating that there is
+a reasonable probability that a certain person, named, has committed it. A
+person arrested on a presentment is examined before a justice of the peace
+or other magistrate, as if arrested on a complaint. Neither an indictment
+nor a presentment can issue except upon concurrence of the number of grand
+jurors specified by statute. Under former practice the jury numbered
+twenty-three and the concurrence of twelve was necessary.
+
+The grand jury is bound to investigate the charge against any one held by
+a justice "to await the action of the grand jury;" also any charge brought
+by a member of the grand jury. And conversely it is the sworn duty of each
+member to report any crime known by him to have been committed within the
+county. Any outsider may file information or bring charges, but the grand
+jury may use its own judgment as to the necessity of investigating them.
+
+Petit Jury.--A petit jury is a body of twelve men impaneled and sworn in a
+district court to try and determine by a true and unanimous verdict, any
+question or issue of fact, in any civil or criminal action or proceeding,
+according to law and the evidence as given them in court.
+
+The mode of selecting petit jurors is in general the same as that pursued
+in selecting grand jurors. The "list of persons qualified to serve" is,
+however, usually larger. The "selection by lot" is made thus: slips of
+paper, each containing one of the names, are folded and deposited in a
+box. The box is shaken, and the prescribed number of slips is drawn. The
+persons whose names thus appear are summoned as jurors.
+
+When an action is called for trial by jury, the clerk draws from the jury
+box the ballots containing the names of the jurors, "until the jury is
+completed or the ballots exhausted." If necessary, the sheriff under
+direction of the court summons bystanders or others in the county to
+complete the jury. Such persons are called _talesmen_.
+
+To secure an impartial jury, each party may object to or "challenge," a
+number of the jurors. The challenge may be "peremptory" or "for cause."
+The peremptory challenge, as its name implies, is one in which no reason
+need be assigned. The number of such challenges must, of course, be
+limited. In civil suits it is usually limited to three by each party. In
+criminal cases, the state has usually two peremptory challenges and the
+defendant five. If the offense is punishable with death or state prison
+for life, the state has in Minnesota seven peremptory challenges and the
+defendant twenty.
+
+Challenges for cause may be either general or particular. A general
+challenge of a proposed juror may be made on the basis of his incompetency
+or unworthiness to act in such capacity in _any_ action. A particular
+challenge may be based on some bias in this particular case which would
+unfit the proposed juror for rendering an impartial verdict.
+
+Habeas Corpus.--Not connected directly with trials but related to the
+district court is the writ of _habeas corpus_. This is the most famous
+writ in law, and has been styled "the chief bulwark of liberty." It was
+designed originally to secure a person from being detained in prison
+without due process of law, and it served as a mighty check upon arbitrary
+power. Its operation has been extended so as to include any detention
+against the will of the person detained. The writ, as will be seen by
+reference to the appendix (p. 290), commands the person holding another in
+custody to bring him before the judge and show cause for the detention. If
+the judge finds that the prisoner is detained for cause he remands him to
+custody; if not he orders his discharge.
+
+Concluding Remarks.--This discussion might easily be continued. Volumes
+have been written on the administration of justice. But perhaps enough has
+been given to show that great care is taken to protect the interests of
+the innocent and to do equal and exact justice to all. In view of flippant
+remarks sometimes made regarding courts of justice, it is pertinent and
+proper to go at least so far into detail. The study of Civil Government
+will have been pursued to little purpose if respect for law be not one of
+its fruits.
+
+
+_Some Pertinent Questions_
+
+How many judicial districts in this state? [Footnote: Consult Legislative
+Manual.] How many counties in the largest? In the smallest? How many have
+more than one judge? Why not let each county constitute a judicial
+district?
+
+If some one owed you $40 and refused to pay, in what court could you sue?
+If he owed you $250? If the suit involved $1,000,000?
+
+What is the relation of the plea to the action? Can anything be proved
+which is not alleged in the plea? Show the purpose of each rule of
+pleading. Of each rule of evidence.
+
+What are the differences between a grand jury and a petit jury? Why is
+each so named?
+
+If a person accused of crime is examined and held by a justice of the
+peace, as stated in a previous chapter, must he be indicted by a grand
+jury before he can be tried? Why? May a person's acts be inquired into by
+the grand jury without his knowing anything about it? May grand jurors
+reveal the proceedings of the jury? Why?
+
+Why is there such a thing as a peremptory challenge of a juror? Why so
+many given to a person accused of crime?
+
+Are lawyers officers of the court? What oath does each take on admission
+to the bar?
+
+
+_Questions for Debate_
+
+Resolved, That trial by jury has outlived its usefulness.
+
+Resolved, That capital punishment is not justifiable.
+
+_References_.--Dole's Talks about Law; Lieber's Civil Liberty and Self
+Government, 234-6; The Century, November 1882; Atlantic Monthly, July 1881;
+North American Review, March 1882 and July 1884.
+
+[Illustration: Papers--Prepare with care the "tabular views" of the town,
+village, city and county, as follows]
+
+
+CHAPTER VIII.
+
+HISTORICAL.
+
+
+Old England.--Not only our language but also very many of our political
+institutions we have inherited from England. But the country now called by
+that name is not the real _old_ England. The fatherland of the English
+race is the isthmus in the northern part of Germany which we now call
+Schleswig. Here dwelt the old Angles or English. To the north of them in
+Jutland was the tribe called the Jutes, and to the south of them, in what
+we now call Holstein and Friesland, dwelt the Saxons. "How close was the
+union of these tribes was shown by their use of a common name, while the
+choice of this name points out the tribe which at the moment when we first
+meet them, in the fifth century, must have been the most powerful in the
+confederacy." [Footnote: Green's History of the English People.] Among
+themselves they bore in common the name of Englishmen.
+
+Among the characteristics of those German ancestors of ours are the
+following: They were very independent; the free landholder was "the
+free-necked man." The ties of kinship were very strong. "Each kinsman was
+his kinsman's keeper, bound to protect him from wrong, to hinder him from
+wrong-doing, and to suffer with and pay for him if wrong were done."
+[Footnote: Green's History of the English People.] They were very much
+attached to home. "Land with the German race seems everywhere to have been
+the accompaniment of full freedom.... The landless man ceased for all
+practical purposes to be free, though he was no man's slave." [Footnote:
+Green's History of the English People.] Among themselves they were quite
+social. Though tillers of the soil they lived, not isolated, but grouped
+together in small villages. This may have been partly for mutual
+protection. They were lovers of law and order.
+
+The Township.[Footnote: See American Political Ideas, pp. 31-63.]--The
+derivation of the word "township" shows us to whom we are indebted for the
+institution itself. The word is derived from the Anglo-Saxon _tun-scipe_.
+_Tun_ meant hedge, ditch or defense; and _scipe_, which we have also in
+landscape, meant _what may be seen_. Around the village before mentioned
+was the _tun_, and beyond were the fields and meadows and woodlands, the
+whole forming the tun scipe or township.
+
+To administer justice and to take any other action for the common good,
+the freemen gathered in _folk-moot_ around the moot hill or the sacred
+tree.
+
+Though the proceedings of these assemblies differed in detail from those
+of our town meetings, both contain the great principle of local self
+government.
+
+The County.[Footnote: See American Political Ideas, pp. 31-63.]--Although
+with us the state is divided into counties and the counties into towns,
+the order of formation was originally the other way. The towns are the
+oldest institutions in our system. Later, from uniting forces in war came
+a union of action among adjoining towns during peace. Thus grew up what
+was called the Hundred.
+
+When in the fifth century the English invaded Britain, many of the
+chieftains or military leaders rose to kingship over small areas. On the
+completion of the conquest these kings struggled among themselves for
+leadership, until finally England became united into one kingdom, and the
+little kingdoms were reduced to shires ruled by earls. With the growth of
+the king's power, that of the underkings or earls grew less. Then other
+shires were formed, and this institution became simply an administrative
+division. After the Norman conquest the French terms count and county came
+into use.
+
+The earnest student will find both pleasure and profit in looking up the
+origin and history of the trial by jury, the criminal warrant, the writ of
+habeas corpus, bail, common law, the general rules of parliamentary
+practice, etc.
+
+Town and County in America.--In New England the most important division of
+the state is the town; in the South it is the county.[Footnote: An
+excellent discussion of this may be found in "Samuel Adams, the Man of the
+Town Meeting," John's Hopkins University Studies in History, Volume II,
+Number 4.] In other states the relative importance of the two
+organizations depends upon the influence to which the state was most
+strongly subjected.
+
+The reason for the difference is found in the character and circumstances
+of the early colonists.
+
+In New England, the church was the center of the community. The severity
+of the climate and the character of the soil made it impracticable to
+cultivate large farms. The colonists had come mainly from the towns of
+England. These considerations and the presence of fierce and unfriendly
+Indians caused the settlers to group themselves into compact settlements.
+Their self assertion prompted them, and their intelligence enabled them,
+to take active part in public affairs. Hence the importance of the town in
+New England.
+
+In the South, the colonies were planted largely in the interests of the
+proprietaries. The leading spirits had been county gentlemen in England
+and they naturally favored the county system. The mass of the people were
+unaccustomed and indifferent to direct participation in the government.
+Again, the warm climate and fertile lands were favorable to large
+plantations and a dispersed population; so that the character of the
+people and the circumstances under which they lived were alike favorable
+to the establishment of the county system pure and simple. To quote the
+pithy statement of Professor Macy, "The southern county was a modified
+English shire, with the towns left out. Local government in New England
+was made up of English towns with the shire left out."
+
+Subsequently counties were formed in New England for judicial purposes,
+but the towns retained the greater number of their functions; and in the
+south, the counties were afterwards subdivided into election and police
+districts, but the administrative power remained with the county.
+
+The Middle States divided the local power between the town and the county.
+
+Migration is chiefly along the parallels of latitude. And people from
+habit and instinct organize new governments largely on the plans to which
+they are accustomed. Hence we are not surprised to find that in the states
+formed south of the line of the Ohio, the county is the principal division;
+while in the northwestern states the town is the important factor. Though
+in the Northwest the county is more important than in New England, the
+influence of the towns in county affairs is generally maintained by the
+selection of members of the county board from the several towns.
+
+Illinois is a good example of the truth of the generalizations at the
+beginning of the preceding paragraph. The state is very long and reaches
+far to the south. The southern part of the state was settled first, and
+almost pure county government prevailed. By and by the northern part began
+to settle, and it grew in population faster than the southern part. The
+town was introduced, and now prevails in all but a few counties.
+
+Can you see the relation of these facts to the generalization? Can you
+tell where the people of the two sections of the state came from?
+
+
+
+
+PART II.
+
+THE STATE.
+
+
+
+
+CHAPTER IX.
+
+WHY WE HAVE STATES.
+
+
+1. _Historical reason_. We have states now because we had such
+organizations at the time this government was established. The colonies,
+founded at different times, under different auspices, by people differing
+in religion, politics, and material interests, remained largely
+independent of each other during colonial times, and on separating from
+England became independent _states_.
+
+2. _Geographical reason_. Different climatic and topographic conditions
+give rise to different industries, and therefore necessitate different
+regulations or laws.
+
+3. _Theoretical reason_. The theory of our government is that of
+_decentralization of power_.[Footnote: There being a constant tendency to
+centralization, this thought should be emphasized. See Nordhoff's Politics
+for Young Americans. (71)] That is, we think it best to keep power as near
+as possible to the people. If a certain work can be accomplished fairly by
+individual enterprise, we prefer that it be done so rather than through
+any governmental agency. If work can be done by the town just as well as
+by the county, we assign it to the town. And as between the state and the
+general government, we assign no duty to the latter which can be performed
+as well by the former.
+
+4. _Practical reasons_. There are many practical reasons. Among them may
+be mentioned the following:
+
+We need the state as a basis for the apportionment of members of congress.
+This is a federal republic, and representation in the national councils
+can be had only through statehood.
+
+We need the state to establish a system of education, to control
+corporations, to put down riots when the local authorities cannot do so,
+to establish the smaller organizations, etc. These are some of the things
+referred to in paragraph three, which the state can do better than the
+general government.
+
+There is in the state also a high court of justice to which cases may be
+appealed from the courts below.
+
+
+HOW STATES ARE CREATED.
+
+The "old thirteen" originated in revolution. They _declared_ themselves
+"free and independent states," and maintained the declaration by force of
+arms. Each became a state "in the Union" by ratifying the constitution.
+Under the constitution states have been admitted into the Union on terms
+prescribed by congress. The plan in general is as follows:
+
+1. When the number of people in a territory equals or nearly equals the
+number required to secure a representative in congress, the inhabitants
+thereof may petition congress, through their delegate, for an act
+authorizing the formation of a state government.
+
+2. If the petition is granted, an "enabling act" is passed. This usually
+defines the territory to be comprised in the new state, provides for the
+calling of a constitutional convention, requires that the state government
+to be framed shall be republican in form, states the number of
+representatives in congress which the state shall have until the next
+census, and offers a number of propositions for acceptance or rejection by
+the convention. Among these are proposals giving land for the support of
+common schools and of a university, and for the erection of public
+buildings; and offering a portion of the net proceeds of the sale of
+public lands within the state for internal improvements. These offers are
+conditioned upon non-interference on the part of the state with the
+holding and selling by the United States of the lands within the state
+owned by the general government, and their exemption from taxation. The
+enabling act for Minnesota is given in the appendix, pp. 355-8. It is in a
+large measure typical. Students in most of the states can find the
+enabling act for their state in the legislative manual thereof.
+
+Michigan, Kansas and Oregon formed their constitutions without an enabling
+act.
+
+3. The constitutional convention provided for in the enabling act, having
+ascertained that it is the wish of the people to form a state, frames a
+constitution and submits it to the people of the proposed state for
+adoption.
+
+4. If it is adopted, [Footnote: Wisconsin rejected the constitution of
+1846, and New York that of 1867.] copies of the constitution are sent to
+the president and to each house of congress.
+
+5. If the constitution framed is in accordance with our institutions, it
+is accepted and the state is admitted. [Footnote: The acts of congress of
+1866 and 1867, admitting Colorado, were both vetoed by president Andrew
+Johnson.]
+
+Kentucky, West Virginia, Maine, California and Texas became states in the
+Union without having been territories. The first two were detached from
+Virginia, and the third from Massachusetts, and admitted at once as
+states. California and Texas had been independent states before admission.
+
+As typical of the mode of restoring the southern states to their old place
+in the Union, the act restoring Tennessee is given on page 358.
+
+
+
+
+CHAPTER X.
+
+STATE CONSTITUTIONS.
+
+
+Their purpose.--A constitution in the American sense of the term is a
+written instrument defining the powers of government and distributing
+those powers among the branches or departments thereof. It is the
+fundamental law, the voice of the people granting or withholding power. A
+primary purpose of the instrument is to give form and authority to the
+government; another is to protect individuals and minorities from the
+tyranny of the majority. Each of the states has a constitution.
+
+Their origin.--In most of the countries of Europe, including England, what
+is called the constitution is not written. It consists largely of the
+maxims of experience, the principles sanctioned by custom. When a new
+political custom becomes prevalent it gradually becomes recognized as part
+of the constitution.
+
+Written constitutions in this country probably arose from the fact that
+the charters granted to the colonies and securing to them privileges, were
+in writing. And these written charters themselves grew out of a practice
+prevalent in England of securing the rights of towns and cities by written
+charters wrung from the king. Some general charters of liberties, too, had
+been secured. Among these may be mentioned the charter granted by Henry I.
+in 1100; the Magna Charta, or great charter, wrung from King John in 1215;
+and the Petition of Right, the Habeas Corpus Act, and the Bill of Rights,
+secured in the seventeenth century.
+
+Some of the charters granted to colonies were so liberal in their terms
+that they were adopted as constitutions when the colonies became states.
+The charter of Connecticut remained its constitution till 1818. And even
+in 1842 it was with difficulty that the people of Rhode Island could be
+prevailed upon to give up the old charter for a new constitution.
+
+Their Contents.--The state constitutions are very much alike in their
+general characteristics. After a preamble, setting forth the purpose of
+the instrument, they usually contain a bill of rights, intended to secure
+personal liberty and other personal rights. They then distribute the
+powers of government among three branches or departments, and provide for
+the organization and general procedure of each. Then follow miscellaneous
+provisions, relating to franchise, education, amendments, etc.
+
+Their usual defects.--We have flourished so wonderfully under our system
+of government that we naturally have a great reverence for our national
+and state constitutions. So far has this feeling gone that a large number
+of people seem to fancy that there is some magic in the very word
+constitution. As a consequence state constitutions are usually too long;
+they contain too many miscellaneous provisions. Most of these relate to
+transient or petty matters which, if made affairs for public action at
+all, should be left to legislation. Changes in the constitution weaken our
+respect for it. Rarely should anything go into that great charter which
+has not stood the test of time, unless it has the promise of endurance as
+a necessary safeguard of the rights and liberties of the people.
+
+
+BILLS OF RIGHTS.
+
+These usually assert or guarantee the following:
+
+Republican Principles.--That governments are instituted by the people and
+for their benefit; that all persons are equal before the law; that no
+title of nobility shall be granted.
+
+Freedom of Conscience.--That there shall be perfect religious freedom,
+not, however, covering immoral practices; that there shall be no
+established or state church; that no religious test shall be required for
+the performance of any public function.
+
+Freedom of Speech.--That any one may freely think, and publish his
+opinions, on any subject, being responsible for the abuse of this right.
+
+Freedom of Assembly.--That the people may peaceably assemble to discuss
+matters of public interest and to petition the government for redress of
+grievances. This, of course, does not permit meetings designed to arrange
+for the commission of crime.
+
+Freedom of Person.--That there shall be no slavery; nor imprisonment for
+debt, except in cases of fraud; nor unwarranted searches or seizures of
+persons or property; that no general warrants shall be issued; that the
+writ of _habeas corpus_ shall not be suspended, except in certain
+emergencies; that persons may freely move from place to place.
+
+Security of Property.--That private property shall not be taken for public
+use without just compensation therefor, previously paid or secured; that
+to prevent feudal tenure of land, long leases of agricultural land shall
+not be made, in most states the longest permitted term being twenty-one
+years.
+
+Right to bear Arms.--That the right of the people to keep and bear arms
+shall not be infringed.
+
+Freedom from Military Tyranny.--That the military shall be in strict
+subordination to the civil power; that there shall be no standing army in
+time of peace; nor shall any soldier in time of peace be quartered in
+private houses without the consent of the owner.
+
+Forbidden Laws.--That no _ex post facto_ law, no law impairing the
+obligation of contracts, nor any bill of attainder shall be passed; that
+there shall be no special laws in certain specified cases.
+
+Rights of Accused Persons.--(a) _Before trial_. That no unwarranted
+searches or seizures shall be made; that, except in capital offenses, the
+accused shall, while awaiting trial, be bailable; that, except in minor
+cases, a person shall not be held to answer for a criminal offense unless
+on the presentment or indictment of a grand jury. (b) _On trial_. That the
+accused person shall have a speedy and public trial in the district where
+the crime was committed; that trial by jury shall remain inviolable; that
+the accused shall be informed of the nature of the charge against him;
+that he shall be confronted with the witnesses against him; that he may be
+heard in his own defense and shall have the benefit of counsel in his
+behalf; that he shall not be required to witness against himself; that he
+shall have compulsory process to compel the attendance of witnesses in his
+behalf; that he shall not be deprived of life, liberty or property without
+due process of law. (c) _After trial_. That no cruel or unusual punishment
+shall be inflicted; that no one shall twice be placed in jeopardy for the
+same offense.
+
+Rights not enumerated.--There is usually a final statement that the
+enumeration of the above rights shall not be construed to deny or impair
+others inherent in the people.
+
+
+COMMENTS ON THE ABOVE.
+
+The rights above enumerated are among those which to us in America to-day
+seem almost matters of course. It seems strange that any one ever
+seriously questioned the fairness or the justice of the claims there set
+forth. But in enumerating them we are treading on sacred ground. Their
+establishment cost our ancestors hundreds of years of struggle against
+arbitrary power, in which they gave freely of their blood and treasure.
+
+Many of these rights are guaranteed in the constitution of the United
+States, but only as against the general government. That they may not be
+invaded by the state government, the people have reserved them in the
+state constitutions.
+
+
+_Pertinent Questions_.
+
+In what sense are all men created equal? Is there anything in good blood?
+What was meant by the "divine right" of kings to rule?
+
+Could a Mormon practice polygamy in this state, it being part of his
+religious creed? Why? Can an atheist give evidence in court?
+
+What constitutes libel? Slander?
+
+On what basis may a mob be dispersed? What cases of petition have you
+known?
+
+What is a general warrant? A passport? Why may _habeas corpus_ be
+suspended in time of war.
+
+Give instances of private property taken for public use. What is meant by
+feudal tenure? How long a lease of agricultural lands may be given in this
+state? How about business property in a city?
+
+May a person lawfully carry a revolver in his pocket? Why?
+
+What is meant by the military being subordinate to the civil power? Which
+outranks, the secretary of war or the general of the army? Why should the
+statement be made about quartering soldiers, in view of the preceding
+statement?
+
+What is meant by an _ex post facto_ law? Why forbidden? May a law be
+passed legalizing an act which was performed as a matter of necessity but
+without authority?
+
+What is to hinder an enemy of yours from having you arrested and cast into
+prison and kept there a long time? What is the purpose of bail? Why
+regarded as an important element of liberty? Why should a grand jury have
+to indict a person who has been examined and held for trial by a justice
+of the peace? Does a prisoner charged with murder or other high crime
+remain in handcuffs during his trial? Name the three or four most
+important guarantees to an accused person. Why are so many provisions made
+in his behalf?
+
+If a ruler should wish to subvert the liberties of a people used to these
+guarantees, where would he begin?
+
+What are some of the advantages possessed by a written constitution over
+an unwritten one? Of an unwritten over a written one? Is any part of our
+constitution unwritten?
+
+
+
+
+CHAPTER XI.
+
+BRANCHES OF GOVERNMENT.
+
+
+Regulations and Laws.--When the school officers, acting for the people of
+the district, state formally what may and what may not be done by teachers
+and pupils, the formal expressions of governing will are called rules and
+regulations. Similar expressions by the town, village, city, or county
+authorities are called ordinances or by-laws. But when the state expresses
+its will through the regular channels, the formal expression is called a
+law.
+
+The Three Branches of Government.--After a law is made it needs to be
+carried into effect. Incidentally questions will come up as to its meaning
+and application. Government, then, has three great functions or powers
+with regard to law.
+
+In our government, and to a greater or less extent in all free countries,
+these powers are vested in three _distinct_ sets of persons. If one person
+or group of persons could make the laws, interpret them, and enforce
+obedience to them as interpreted, the power of such person or persons
+would be unlimited, and unlimited power begets tyranny. One of the
+purposes of a constitution is to limit the power of the government within
+its proper sphere, and to prevent misuse of authority; and this
+organization of the government in three departments, each acting
+independently so far as may be, and acting as a check upon the others, is
+one of the modes of limitation.
+
+The law-making, the law-interpreting, and the law-enforcing branches are
+called respectively the legislative, the judicial, and the executive
+branches.
+
+
+
+
+CHAPTER XII.
+
+THE LEGISLATIVE BRANCH.
+
+
+Bicameral.--The legislature of every state consists of two chambers or
+houses. The _reason_ for this is that during colonial times most of the
+legislatures consisted of two houses, the governor's council and the
+representative assembly. Then on becoming states, each of the "old
+thirteen," except Pennsylvania, organized bicameral legislatures. And the
+new states, being largely settled by people from the older states,
+naturally followed their example. The structure of congress has also had
+much influence.
+
+The _advantages_ to be derived from having two houses are numerous.
+Perhaps the only one which it is necessary to mention here is that it
+tends to prevent hasty legislation, because under this arrangement a bill
+must be considered at least twice before passage.
+
+Apportionment.--As the population of a state is changeful, the
+constitution does not usually specify the number of members to compose
+each house. This is determined, within certain limitations imposed in the
+constitution, by the legislature itself. A re-apportionment is usually
+made every five years, after a census by the state or general government.
+The number of senators usually ranges between thirty and fifty; that of
+representatives from seventy-five to one hundred and fifty.
+
+Meeting.--The legislature meets biennially in most of the states. People
+are beginning to understand that they may suffer from an excess of
+legislation. Some of the English kings used to try to run the government
+without parliament, and frequent sessions of parliament were then demanded
+as a protection to popular rights. Hence our forefathers instinctively
+favored frequent sessions of the legislature. But such necessity no longer
+exists, and for many reasons the states have with a few exceptions changed
+from annual to biennial sessions. [Footnote: Extra sessions may be called
+by the governor. Mississippi has its regular sessions for general
+legislation once in four years, and special sessions midway between.]
+
+Election.--Senators and representatives are both elected by the people. In
+some cases the states are divided into senatorial and representative
+districts in such a way that each elects one senator and one
+representative, the senate districts being of course the larger. In other
+cases, the state is divided into senate districts only, and each senate
+district chooses one senator and an assigned number of representatives.
+The former plan prevails in Wisconsin, for instance, and the latter in
+Minnesota. The number of representatives chosen in a senatorial district
+varies from one to half a dozen, dependent upon population. Illinois has a
+peculiar, and it would seem an excellent, plan. The state is divided on
+the basis of population into fifty-one parts as nearly equal as possible.
+Each of these districts elects one senator and three representatives. In
+voting for representatives, a person may mass his three votes on one
+candidate, or give them to two or three. The purpose is to enable a party
+in the minority to secure some representation.
+
+Term.--The length of term of legislators usually depends upon the
+frequency of sessions. The general principle seems to be that
+representatives shall serve through one session and senators through two.
+How long, then, would you expect the respective terms to be in states
+having annual sessions? In states having biennial sessions? By reference
+to the comparative legislative table on page 293 confirm or reverse your
+judgment.
+
+Vacancy.--In case of a vacancy in either house the governor orders a new
+election in the district affected by the vacancy.
+
+Individual House Powers.--Each house has certain powers conferred by the
+constitution having for their object the preservation of the purity and
+independence of the legislature. Among these are the following:
+
+1. _Each house is the judge of the election, returns, and qualification of
+its own members._ Each person elected to either house receives from the
+canvassing board of the district through its clerk a certificate of
+election, which he presents when he goes to take his seat. Should two
+persons claim the same seat, the house to which admission is claimed
+determines between the contestants. The contest may be based, among other
+things, upon fraud in the election, a mistake in the returns, or alleged
+lack of legal qualification on the part of the person holding the
+certificate. Into any or all of these matters the house interested, _and
+it only_, may probe, and upon the question of admission it may pass final
+judgment.
+
+2. _Each house makes its own rules of procedure._ These, usually called
+rules of parliamentary practice, you can find in the legislative manual.
+Upon their importance as related to civil liberty, consult Lieber's Civil
+Liberty and Self-Government.
+
+The power to preserve order applies not only to members but to spectators
+also. Disorderly spectators may be removed by the sergeant-at-arms. On the
+order of the presiding officer such persons may be placed in confinement
+during the remainder of the daily session.
+
+Unruly members are as a general thing simply called to order. For
+persistent disorder they may be reprimanded or fined. [Footnote: See Among
+the Lawmakers, pp. 230-3.] But in extreme cases they may be expelled. To
+prevent a partizan majority from trumping up charges and expelling members
+of the opposite party, it is a common constitutional provision that the
+concurrence of two-thirds of all the members elected shall be necessary
+for expulsion.
+
+3. _Each house chooses its own officers_. Each house has a presiding
+officer, several secretaries or clerks, a sergeant-at-arms, a postmaster,
+and a chaplain. The sergeant-at-arms usually has a number of assistants
+appointed by himself, and there are a number of pages appointed by the
+presiding officer. These, however, hardly count as officers. The only
+exception to the rule enunciated is in those states having a lieutenant
+governor, who is _ex officio_ president of the senate. Even in that case,
+the senate elects in case of a vacancy, the person so elected being chosen
+from among their own number and receiving usually the title of president
+_pro tempore_.
+
+Quorum.--It would hardly be possible for all members to be present every
+day, therefore a number less than the whole should have authority to act.
+But this number should not be very small. The several constitutions fix
+the quorum for each house, usually at a majority of the members elected to
+it. But a smaller number has power of adjournment from day to day, so that
+the organization may not be lost; and it may compel the attendance of
+absent members, by sending the sergeant-at-arms after them.
+
+Publicity.--On the theory that legislators are servants of the people, we
+would naturally expect the proceedings to be made public. And so they are.
+Publicity is secured in the following ways:
+
+1. In accordance with the constitutional provision, each house keeps a
+journal of its proceedings which it publishes from time to time, usually
+every day.
+
+2. Spectators are admitted to witness the daily sessions.
+
+3. Newspaper reporters are admitted, and are furnished facilities for
+making full and accurate reports.
+
+Privileges of Members.--In order that their constituents may not, for
+frivolous or sinister reasons, be deprived of their services in the
+legislature, the members of each house are _privileged from arrest_
+"during the session of their respective houses, and in going to and
+returning from the same." Nor can civil suit be brought against them
+during that time. But they may be arrested for treason, (defined in the
+constitution), felony, or breach of the peace, because if guilty they are
+unworthy of a seat in the legislature.
+
+And in order that there may be the utmost _freedom of speech_ in the
+legislature, that any member who knows of wrong being done may feel
+perfectly free to say so, the constitution of each state provides that
+"for any speech or debate in either house, they shall not be questioned in
+any other place."
+
+Compensation.--Members of the legislature receive for their services a
+salary, which is sometimes specified in the constitution, but which is
+usually fixed by law. In the latter case no increase voted can be in
+effect until a new legislative term begins. This proviso is, of course,
+designed to remove the temptation to increase the salary for selfish ends.
+
+In some countries no salary is paid to legislators, the theory being that
+with the temptation of salary removed only persons of public spirit will
+accept election. Our argument is that unless some remuneration be given,
+many persons of public spirit and possessed of capacity for public service
+would be barred from accepting seats in the legislature. In other words,
+the state wants the services of her best citizens, and does not wish lack
+of wealth on the part of any competent person to stand in the way. On the
+other hand, that there may be no temptation to continue the sessions for
+the purpose of drawing the pay, the constitution provides, where a _per
+diem_ salary is paid, that members shall not receive more than a certain
+sum for any regular session, or a certain other sum for any extra session.
+
+Prohibitions on Members.--To secure for his legislative duties the
+undivided attention of each member, the constitution provides that "no
+senator or representative shall, during the time for which he is elected,
+hold any office under the United States or the State." In some states, as
+in Minnesota, the office of postmaster is excepted. And in order that
+legislators may be freed from the temptation to create offices for
+themselves or to increase the emoluments of any office for their own
+benefit, it provides that "no senator or representative shall hold any
+office under the state which has been created or the emoluments of which
+have been increased during the session of the legislature of which he was
+a member, until one year after the expiration of his term of office in the
+legislature."
+
+Eligibility.--To be eligible to the legislature a person must be a
+qualified voter of the state, and a resident thereof for, usually, one or
+two years; and shall have resided for some time, usually six months or a
+year, immediately preceding election, in the district from which he is
+chosen. This last provision is made to preclude people who have not been
+living in the district, and who therefore cannot know it or be interested
+particularly in its welfare, from representing it in the legislature.
+
+Sole Powers.--The mode of making laws is discussed in another place.
+[Footnote: See "How Laws Are Made," page 344.] In making laws the houses
+have concurrent jurisdiction--they both take part. But there are some
+parts which belong to each house separately, besides the election of
+officers before mentioned. The house of representatives has in all states
+the sole power of impeachment, [Footnote: For mode of proceeding see page
+331.] and in some states of originating bills for raising revenue. This
+latter power is given to it because being elected for a short term it is
+more directly under the control of the people than is the senate.
+
+The power to impeach is vested in the representatives because for the
+reason stated, they seem more immediately in fact as well as in name to
+represent the people, who it will be remembered are always the complainant
+in criminal cases. And the senate has the sole power of trying
+impeachments. [Footnote: When the governor is being tried, the lieutenant
+governor cannot act as a member of the court.] The length of term frees
+the members from the fear of immediate punishment in case of an unpopular
+verdict. And if they are right time will show it. Historically, this
+division of power in cases of impeachment is derived from colonial
+practice and from the constitution of the United States.
+
+The senate has also the sole power of confirming or rejecting the
+appointments of the governor.
+
+Forbidden Laws.--In addition to the laws forbidden in that part of the
+constitution called the bill of rights, the legislature is usually
+forbidden to pass laws authorizing any lottery; or granting divorces; or
+giving state aid to private corporations; or involving the state in debt,
+except in case of war or other emergency.
+
+
+_Pertinent Questions._
+
+Define constitution. What is a law? What is meant by common law? Statute
+law? Equity?
+
+By reference to the comparative legislative table in the appendix, tell
+the most common name applied to the legislative body; any peculiar names;
+the names most commonly applied to the respective houses; the usual
+qualifications of members; the frequency of regular sessions, and the
+month of meeting most usual. Why is this time of year so uniformly chosen?
+What relation do you see between the frequency of sessions and the term of
+members? What is the relation between the terms of the respective houses?
+How does the number of senators compare with the number in the lower
+house? What state has the largest house? The smallest? Why is the term
+_senate_ so common? Look up the derivation of the word. In what section of
+the country are the terms the shortest? Can you account for this? Which
+states require the highest qualifications in members?
+
+Find out whether in your state there are any requirements not given in the
+tabulation. By reference to the legislative manual or other source of
+information find out any other facts of interest, such as the names of the
+speaker and other legislative officers; the number of your senatorial
+district, and the name of your senator; of your representative district,
+and the name of your representative; what committees are appointed in each
+house, and on which your local representatives are, and how they came to
+be selected for these particular committees; how vacancies are filled in
+the legislature; any contested elections that have occurred in your state
+and the basis of the contest; some of the important rules of parliamentary
+practice; the salary paid members in your state; any cases of impeachment,
+the charge, and the outcome; other forbidden laws.
+
+If two persons claim the same seat in the senate, who will decide between
+them? In the lower house? What are the returns, and where are they kept?
+What appeal from decision is there? If your legislature is now in session,
+write to your representatives asking them to send you regular reports of
+the proceedings. Don't expect to get such reports for the whole session,
+however; that would be asking too much. From the newspapers, report on
+Monday the principal proceedings of the previous week. Have you ever seen
+a legislature in session? What is to keep a member of the legislature from
+slandering people?
+
+State five powers which can be exercised only by the senate. Five, in some
+states four, which can be exercised only by the lower house.
+
+Are you eligible to the legislature? If not, what legal qualifications do
+you lack? Could a member of the legislature be elected governor or United
+States senator?
+
+At the last election did you preserve any of the tickets? Could you secure
+any of the ballots that were actually used in voting? Why?
+
+
+
+
+CHAPTER XIII.
+
+THE EXECUTIVE BRANCH.
+
+
+Officers.--The chief executive office in every state is that of governor.
+There is in each a secretary of state and a state treasurer. Most states
+have also a lieutenant governor, a state auditor or comptroller, an
+attorney general, and a state superintendent of public instruction. In
+nearly every case these offices are created by the state constitution.
+
+Eligibility.--The qualifications required in the governor and lieutenant
+governor are age, citizenship of the United States, and residence within
+the State. The age qualification is required because the responsibilities
+are so great as to demand the maturity of judgment that comes only with
+years. The requirement of citizenship and that of residence are so
+obviously proper as to need no comment.
+
+For the other offices the qualifications required in most states are
+simply those required in a voter. [Footnote: For which see page 298.]
+
+Election.--In every state the governor is elected by the people, and in
+most states the other officers are also. In a few states, some of the
+officers are chosen by the legislature on joint ballot, or are appointed
+by the governor and confirmed by the senate.
+
+Term.--The terms of office of the governors are given in the table. Unless
+otherwise stated, the term of the other officers in each state is the same
+as that of the governor thereof. For the highest efficiency the term of a
+state officer should not be very short, two years being better than one,
+and four years better than two. When the term is four years, it may be
+well to limit the number of terms for which an officer may be elected. In
+some cases this is done.
+
+Removal.--These officers and the others provided by statute may be removed
+on impeachment by the house of representatives, and conviction by the
+senate.
+
+Vacancy.--For the office of governor there is in every state a line of
+succession appointed in its constitution. By reference to the comparative
+table, it will be seen that there is considerable uniformity in the order
+of succession. In case of a vacancy in any of the other elective offices,
+the most usual plan is for the governor to make a temporary appointment
+until a new election can be held. For an appointive office, the
+appointment is usually good until the end of the next legislature or for
+the remainder of the term.
+
+Salary.-The salary attached to each office is usually fixed by law,
+subject to the constitutional limitation that it shall not be increased
+nor diminished during the term of the incumbent. See page 294.
+
+The Duties of the Officers.
+
+Governor.--The great, the characteristic duty of the governor is to see
+that the laws are faithfully executed. Since this may sometimes require
+force, he is made by the constitution commander-in-chief of the military
+forces of the state, and may call out these forces to execute the laws,
+suppress insurrection, or repel invasion.
+
+He appoints, "by and with the advice and consent of the senate," most of
+the important state officers and boards, as provided by law. The advice of
+the senate is rarely if ever asked. But its consent must be obtained to
+make any such appointment valid.
+
+As his duties continue through the year and have to do with the whole
+state, and as he may require the opinion, in writing, of the principal
+officer in each of the executive departments upon any subject pertaining
+to the duties of their respective offices, he is supposed to know more
+than any other person about the situation and needs of the state as a
+whole; and it is, therefore, made his duty to communicate by message to
+each session of the legislature such information touching the affairs of
+the state as he deems expedient. The regular message is sent at the
+opening of the legislative session, and special messages at any time
+during the session as they seem to be needed. On extraordinary occasions
+he may convene the legislature in extra session.
+
+To place another obstruction in the way of hasty legislation, the governor
+(except in Delaware, North Carolina, Ohio, and Rhode Island) has a limited
+veto. [Footnote: See comments on the president's veto, page 150.]
+
+In the administration of justice mistakes are some times made. An innocent
+person may be found guilty, or a guilty person may be sentenced too
+severely, mitigating circumstances appearing after sentence is passed. For
+these and other reasons, there should be power somewhere to grant
+reprieves, commutations, and pardons. In most of the states this power is
+vested in the governor. It does not, for obvious reasons, extend to cases
+of impeachment. Many thoughtful people, including some governors and
+ex-governors, question very seriously the wisdom of this absolute
+assignment of the pardoning power. One suggestion by way of limitation is
+that no pardon issue except upon recommendation of the judge of the court
+in which conviction was wrought.
+
+Lieutenant Governor.--As may be seen by reference to the comparative
+table, several of the states have no such officer. The office is designed
+simply to save confusion in case of a vacancy in the office of governor,
+in which case the lieutenant governor acts as governor during the vacancy.
+To give him something to do the lieutenant governor is _ex officio_
+president of the senate. [Footnote: In case of a vacancy in this office,
+the senate, in most states, chooses one of its own number to act as
+president _pro tempore_.] In most of the states, he has no voice in
+legislation, except a casting vote in case of a tie. But in some states,
+as indicated in the comparative table on page 294, he can debate in
+committee of the whole.
+
+State Treasurer.--This officer has duties and responsibilities similar to
+those of a county treasurer.
+
+Attorney General.--This officer has two chief duties. He represents the
+state in suits at law, and may be called upon to aid county attorneys in
+criminal prosecutions. When invited to do so he gives legal advice to the
+legislature and to the executive officers, on matters pertaining to their
+official duties.
+
+Secretary of State and Auditor.--The county auditor, you remember, has
+three general lines of duty: 1. To act as official recorder and custodian
+of papers for the county board. 2. To be bookkeeper for the county, and in
+connection therewith to audit all claims against the county, and issue
+warrants on the county treasurer for their payment. 3. To apportion the
+taxes.
+
+The corresponding duties in the state, except recording the acts of the
+legislature, which is done by legislative clerks, are in most states
+divided between two officers, the secretary of state and the state auditor
+or comptroller.
+
+The secretary of state has, as his characteristic duty, the preservation
+or custody of state papers, acts of the legislature, etc. He is also
+keeper of the great seal of the state, and authenticates state documents,
+commissions, etc. Incidentally he has other duties. In some states he
+prepares the legislative manual; he sees that the halls are ready for the
+sessions of the legislature, calls the house to order at its first
+meeting, and presides until a speaker is chosen. He also indexes the laws
+and other state documents, and superintends their printing and
+distribution. [Footnote: In some states there is a superintendent of
+printing.]
+
+The auditor or comptroller is bookkeeper for the state, audits accounts
+against it, and draws warrants upon the state treasurer for their payment.
+[Footnote: No money can be paid out except on appropriation by the
+legislature.] The state auditor, also, comparing the legislative
+appropriations with the assessed value of the property of the state,
+computes the rate of the state tax and reports it to county auditors.
+
+In some states, Wisconsin, for instance, the duties of both offices are
+performed by the secretary of state.
+
+In some states the auditor is _ex officio_ land commissioner. In other
+states there is a separate officer to take charge of state lands.
+
+Superintendent of Public Instruction.--This officer has general
+supervision and control of the educational interests of the state. He is
+often _ex officio_ a member of the board of regents of the state
+university, of the board of directors of the state normal schools, and of
+the state high school board. He has the appointment and general management
+of state teachers' institutes. He meets and counsels with county and city
+superintendents. Thus an active, earnest, competent man may influence for
+good the schools of all grades throughout the state. He reports to the
+legislature at each session, through the governor, the condition and needs
+of the schools of the state. In this report he recommends such measures
+for the improvement of the educational system of the state as he deems
+advisable. In many states he apportions the state school money.
+
+Assistants.--Usually the above officers have assistants appointed by
+themselves.
+
+
+OTHER STATE OFFICERS.
+
+The officers given above are the typical state officers, but every state
+has others. Of these the most important are shown in the comparative
+tabulation.
+
+Some states provide the governor with a council. This is in most cases
+simply an advisory, not an administrative or executive body.
+
+
+_Some Pertinent Questions._
+
+What are the qualifications required in the governor of this state? The
+lieutenant governor? The other officers? The names of the state officers?
+The length of their terms? The officers not mentioned in the text, and
+their duties? Name the state officers whom you have seen.
+
+Which states require the highest qualifications in the governor? The
+lowest? Which give the longest term? The shortest? The highest salary? The
+lowest? Which states limit the number of terms? Which have no lieutenant
+governor? In which states is a majority vote required? Does there seem to
+be any sectional law as to these things; that is, is there anything
+peculiar to New England, or to the south, or to the northwest? What seems
+to be the general law of succession to the governorship? What exceptions?
+
+What is meant by saying that the governor executes the law? Is this saying
+strictly true? Is a sheriff an executive or a judicial officer? The
+constable? The mayor of a city? Can an executive officer be sued? A
+judicial officer?
+
+How many senators and representatives would it take to pass a bill over
+the governor's veto? Have you ever known of its being done? If the
+governor should go to Washington on business of the state or on private
+business, who would act as governor? How long would he so act? Could he
+pardon convicts at that time? Have you ever read a message of the
+governor?
+
+If the state superintendent of public instruction wants information on
+some point of school law, to whom should he appeal? How much would he have
+to pay for the advice? What force would the opinion have? Could he obtain
+a legal opinion as to a private matter on the same terms?
+
+If you had a bill against the state, how would you get your pay? If
+payment were refused what could you do? (Do not try to answer off-hand.
+Ask a lawyer.)
+
+How are the expenses of the state government met? The amount of state
+expenses last year? (See report of treasurer.)
+
+What are the sources of the school fund, of this state? Did you ever know
+of school lands being sold in your county? By whom, how, and on what
+terms?
+
+Name your county superintendent of schools. The state superintendent. Is
+there a United States superintendent? Get the report of the state
+superintendent and find out what it contains. Ask your teacher to let you
+see the teachers' report to the county superintendent. How much state
+money did your district receive last year?
+
+
+
+
+CHAPTER XIV.
+
+OTHER STATE OFFICERS.
+
+
+Adjutant-General.--To aid the governor in the discharge of his duties as
+commander-in-chief, there is an officer called the adjutant-general.
+Through him all general orders to the state militia are issued. He also
+keeps the rolls and records of the militia. In some states he is required
+by law to act as attorney for those seeking pensions from the United
+States.
+
+Railroad Commissioners.--To prevent railroads from charging extortionate
+rates for passengers or freight; to see that reasonable facilities are
+provided, such as depots, side tracks to warehouses, cars for transporting
+grain, etc.; to prevent discrimination for or against any person or
+corporation needing these cars; in other words, to secure fair play
+between the railroads and the people, a railroad commission consisting of
+from one to three members has been established in many states by the
+legislature.
+
+Insurance Commissioner.--To protect the people from unreliable insurance
+companies, there is an officer called the insurance commissioner. No
+insurance company can legally transact business in the state until it has
+satisfied the commissioner that its methods of insurance and its financial
+condition are such as to give the security promised to those insured by
+it. The certificate of authority granted to any company may be revoked by
+the commissioner at any time if the company refuses or neglects to comply
+with the conditions established by law.
+
+State Librarian.--Each state has a valuable library, composed chiefly of
+law books, but containing also many other valuable books and pamphlets.
+This library is open to the public. It is in charge of the state
+librarian, who acts under prescribed rules.
+
+Public Examiner.--To render assurance doubly sure that public money shall
+be used only for the purposes for which it is designed, provision is made
+for the appointment of "a skillful accountant, well versed in the theory
+and practice of bookkeeping," to exercise constant supervision over the
+financial accounts of state and county officers and of banking
+institutions incorporated under state laws. This officer is called the
+public examiner.
+
+The officers visited are required by law to furnish the public examiner
+facilities for his work, and to make returns to him under oath. The
+examiner reports to the governor, who is empowered to take action to
+protect the interests of the people.
+
+Oil Inspector.--To protect the people from the danger of burning oil unfit
+for illuminating purposes, there is an officer called the inspector of
+illuminating oils. The inspector appoints a deputy for each county. It is
+the duty of these officers to test the illuminating oils offered for sale,
+and to mark the barrel or package containing it "approved" or "unsafe for
+illuminating purposes," as the case may be. Penalties are attached to the
+selling of oils not approved.
+
+Boiler Inspector.--Steam is now used as power in threshing grain and in
+grinding it, in sawing lumber, in propelling boats and cars, etc. To
+prevent loss of life, engineers must pass an examination and secure a
+certificate of qualification. And boilers must be inspected at least once
+a year to prevent explosions. The latter duty devolves upon the state
+boiler inspector and his assistants. Locomotive engines on railroads are
+sometimes exempt from government inspection, because of the invariably
+high skill of the engineers and the great care of the companies.
+
+Labor Commissioner.--Among the questions now receiving consideration from
+states and nations are many referring to labor--the healthfulness of
+factories, hours of labor, employment of children, protection against
+accidents, etc. In many of the states there is a commissioner of labor to
+make inspections and formulate statistics pertaining to labor.
+
+Officers Peculiar to Certain States.--There are in some states other
+officers, necessitated by special industries. Thus, in Minnesota, where
+the grain, dairy and lumber interests are very important, there are
+inspectors of grain, a dairy commissioner, and surveyors-general of logs.
+
+Appointment and Term.--The officers named in this chapter are elected in
+some states; in others they are appointed by the governor and confirmed by
+the senate. The term is usually two years.
+
+All are required to give bonds for the faithful discharge of their duties.
+All have clerks, deputies, or assistants, appointed by themselves, for
+whose official acts they are responsible.
+
+
+ADMINISTRATIVE BOARDS.
+
+Besides the boards in charge of the several state institutions there are
+usually a number of administrative boards. Of these the most important are:
+
+
+1. _The state hoard of health_, whose duty it is "to make inquiries
+concerning the causes of disease, especially of epidemics; the effect of
+employments, conditions, and circumstances upon the public health," etc.
+
+2. _The state board of charities and corrections_, whose duty it is "to
+investigate the whole system of public charities and correctional
+institutions of the state, and examine into the condition and management
+thereof, especially of prisons, jails, infirmaries, public hospitals, and
+asylums."
+
+3. _State board of equalization_, which equalizes assessments throughout
+the state so as to render taxation as nearly just as possible. This board
+takes cognizance only of _classes_ of property; it does not attempt to
+correct individual grievances.
+
+4. _The state board of immigration_, appointed "to encourage immigration,
+by disseminating information regarding the advantages offered by this
+state to immigrants."
+
+5. _The commissioners of fisheries_, whose duty is to take means to
+increase the number of food fish in lakes and rivers. To this end the
+board secures from the United States commissioner of fisheries the quota
+of spawn allotted from time to time to the state, and from other sources
+spawn of such fish as seem desirable, and has them placed in such lakes
+and rivers as they will be most likely to thrive in.
+
+The members of these boards are appointed by the governor. They serve
+without pay, except the board of equalization. The state pays the expenses
+incident to the discharge of their duty. The secretary of each board
+receives a salary, specified by law.
+
+There are also boards to examine candidates for admission to practice
+medicine, pharmacy, dentistry, and law.
+
+
+_Some Pertinent Questions._
+
+Locate the state university, the state normal schools, all of the schools
+for the unfortunate, the lunatic asylums, the state prisons.
+
+What is the maximum rate per mile that can be charged by railroads for the
+transportation of passengers in this state? How came this to be? If a
+farmer wished to ship a carload of wheat without putting it into a
+warehouse, how could he get a car? If a car were refused what could he do?
+
+Examine the end of a kerosene cask, and find out what the marks on it
+mean. By reference to the latest report of the secretary of the state
+board of immigration, find out what inducements to immigrants this state
+offers. Is there probably such a board as this in the eastern states? Why?
+In European countries? Why?
+
+Does your school receive copies of the pamphlets issued by the state board
+of health?
+
+
+
+
+CHAPTER XV.
+
+THE JUDICIAL BRANCH.
+
+
+We have seen that minor differences may be adjudicated in each town,
+village and city, by justices of the peace and municipal courts; and that
+courts having jurisdiction unlimited as to the amount at controversy are
+held in every county. And these may all be properly called state courts,
+the state being subdivided into judicial districts, each comprising one or
+more counties, for the purpose of bringing justice within the reach of
+every person. But there is also in every state a
+
+
+STATE SUPREME COURT.
+
+Need of.--The supreme court is needed for the following reasons:
+
+1. _To review cases on appeal._ Notwithstanding the great care exercised
+in the lower courts, errors are liable to occur, and the person aggrieved
+may ask for a new trial. If this be denied, he may appeal to the supreme
+court. Appeals are usually taken on one or more of three grounds--(a) On
+exceptions to rulings of the judge as to the admissibility of testimony;
+(b) On exceptions to the judge's charge to the jury; (c) On the ground
+that the verdict of the jury is not warranted by the evidence.
+
+2. _To interpret the law._ The exceptions referred to in the preceding
+paragraph may involve the meaning of a law. In that case the decision of
+the supreme court establishes the meaning of the law in question, and the
+lower courts of the state are thereafter bound by the interpretation
+given.
+
+3. _To pass upon the constitutionality of a law._ The appeal may be made
+for the purpose of testing the constitutionality of a law. If declared
+unconstitutional by the supreme court, the law is void.
+
+4. _To issue certain remedial writs._ Among these may be mentioned the
+writ of _habeas corpus_ and the writ of _mandamus_. Thus, if a person has
+been committed to prison by decree of one of the lower courts, to appeal
+the case and get it reviewed, might take so much time that the term of
+imprisonment would expire before relief could be obtained. To bring the
+matter quickly to the test, the writ of _habeas corpus_ may be used.
+
+How Constituted.--The supreme court consists of one chief justice and two
+or more associate justices. The number in each state may be seen by
+reference to the appendix (pp. 296-7), as may also the term of service,
+the number of sessions held during the year, etc.
+
+Reports.--Since the decisions of the supreme court are binding upon all
+the lower courts of the state, they must be published in permanent form.
+To this end, the clerk of the supreme court makes an elaborate record of
+each case; the judges render their decisions in writing, giving their
+reasons at length; and the reports of the decisions are prepared for
+publication with great care by an officer called the reporter. The
+decision is written by one of the judges, who signs it, but it must be
+agreed to by a majority of the court. The bound volumes of reports are
+found in every lawyer's library.
+
+A Court of Final Appeal.--In all cases involving only state laws, and this
+includes a large majority of cases, the decision of the state supreme
+court is final. Only on the ground that the state law is not in harmony
+with the constitution or laws of the United States can a case involving
+such a law be appealed from the supreme court of the state. The appeal is
+to the supreme court of the United States, which decides merely the
+question of the validity of the law.
+
+State Courts and Federal Courts.--The jurisdiction of the United States
+courts is given in the constitution of the United States, Article III,
+section 2. If during the progress of a trial in a state court, rights
+claimed under the United States constitution or laws or under a treaty of
+the United States become involved, the case may be removed to a federal
+court.
+
+No Jury in the Supreme Court.--There is no jury in the supreme court.
+Questions of fact are determined in the lower courts. Appeals are on
+questions of law. A transcript of the proceedings in the trial court is
+submitted to the supreme court. Ask a lawyer to show you a brief and a
+paper book.
+
+
+_Some Pertinent Questions._
+
+Give the jurisdiction of a justice court. Of a probate court. Of a
+district or circuit court. Of the supreme court?
+
+Who is the recording officer of a justice court? Of a probate court? Of a
+district court? Of the supreme court?
+
+Who keeps a record of the testimony in a justice court? In a district
+court? What is meant by "noting an exception," and why is it done? If a
+person is dissatisfied with the decision of the supreme court, what can he
+do about it?
+
+Who besides the judges of the supreme court can issue the writ of _habeas
+corpus?_
+
+Name the justices of the supreme court of this state. How are they chosen?
+How long do they serve? How many terms does this court hold annually?
+Where are they held? How long do they last? Read some of the syllabi of
+the decisions as they appear in the newspapers. Who prepares these
+outlines for the press?
+
+Which state in the Union has the largest supreme court? Which has the
+smallest? Which demands the highest qualifications? In which is the term
+the longest? In which the shortest? Does a decision of the supreme court
+of New York have any weight in Minnesota? Which states rank highest in the
+value attached to the decisions of their supreme courts? How do you
+account for this?
+
+Paper: By means of pages 292-7, &c., prepare a tabular view of your state,
+taking that on pages 314-15 as a model.
+
+
+
+
+CHAPTER XVI.
+
+RETROSPECT AND PROSPECT.
+
+
+Each Organization a Miniature Government.--Some things of general interest
+are matters for regulation by the state as a whole, through its
+legislature. But many things are properly left to local regulation. For
+instance, in a timbered town, where fences can be cheaply built, it may be
+desirable, especially if there is much wild land, to let cattle run at
+large, each person _fencing out_ the cattle from his crops. On the other
+hand, in a prairie town, where fencing is expensive, or where there is
+little wild land, it may seem best to arrange that each person shall
+_fence in_ his own cattle. No persons can judge which is the better plan
+for a given neighborhood so well as the people who live there. And to them
+it is left, to be determined at the annual meeting. In passing upon such
+questions, in appropriating money for local improvements, &c., powers
+pseudo-_legislative_ are exercised. Matters of detail are determined by
+the supervisors, and they with the clerk, the treasurer, the road
+overseers, the constables, and the assessor, constitute what may be called
+the _executive_, or more properly the _administrative_, department. And
+the local _judicial_ functions are performed by the justices of the peace.
+Similarly it may be shown that the village, the city, and the county are
+governments in miniature.
+
+Local Officers as State Officers.--The governor is the _chief_ executive
+officer of the state, but not the _only_ one. There are others enumerated
+on pages 90-99. But besides these, the state uses local officers in part
+to carry into execution the acts of the legislature. For instance, when
+the legislature has appropriated a certain sum for a specific purpose, the
+executive department raises and applies the money. To this end, the
+taxable property of the state is "valued" by the assessors; these
+estimates are reviewed by the boards of equalization; the county auditors
+make up the tax lists; the county treasurers collect the money and
+transmit it to the state treasurer, from whom it goes to the institution
+for whose benefit it was appropriated.
+
+All writs issued by justices of the peace run in the name of the state,
+showing that these are in a certain sense state judicial officers.
+
+State Officers as United States Officers.--As a rule the United States
+appoints its own officers, and stations them where they are needed. But in
+a very few cases, state officers are used. For instance, in order that
+persons accused of crime against the United States may be promptly
+apprehended, commissioners of the United States circuit court are
+appointed in every state with power to issue warrants of arrest and take
+testimony. But in the absence of a commissioner, the warrant may be issued
+and testimony taken by any judicial officer of the state. In such a case,
+a justice of the peace may act temporarily as a United States officer. The
+best interests of society are served thereby.
+
+Elective and Appointive Officers.--In the school district and the town all
+officers are elected, none being appointed except to fill vacancies. As
+the organizations increase in size, appointive offices increase relatively
+in number, until among officers of the United States only two are elected.
+Members of the _legislative_ department in each of the organizations are
+elected.
+
+Vacancies.--These occur usually either by death or resignation,
+occasionally by removal from office. To save the expense of a special
+election, vacancies in elective offices are filled by temporary
+appointment, except in the case of members of the legislature and members
+of the United States house of representatives.
+
+Resignations.--These are sent as a rule: (a) by elective officers, to that
+officer who is authorized to make the temporary appointment or to order a
+new election; (b) by appointive officers, to the body, board, or officer
+that appointed them.
+
+
+_Pertinent Questions._
+
+Who constitute the legislative department in a town? In a village? In a
+city? In a county? The executive in each? The judicial? Show that the
+county superintendent of schools is also one of the executive officers of
+the state. Do any local officers belong to the state legislative
+department? Should the judges of the circuit court be elected or
+appointed? Should all the county officers be elected at the same time? To
+whom would a member of congress send his resignation if he desired to be
+relieved? A judge of the state supreme court? The county auditor?
+
+
+
+
+PART III.
+
+THE NATION.
+
+
+
+
+CHAPTER XVII.
+
+HISTORICAL.
+
+
+In order to understand the government of the United States, we must
+examine its beginnings and antecedents.
+
+
+THE COLONIES.
+
+When Columbus returned to Spain with his marvelous stories of the New
+World, expeditions were fitted out which soon filled the coffers of that
+country with wealth from Mexico, Central and South America, and the West
+Indies. Spain became the wealthiest nation of the world. Other countries
+soon caught the infection, and expeditions were sent from France, Holland
+and England, the other great commercial nations of western Europe.
+
+For a long time scarcely any effort was made to form permanent
+settlements, and the attempts that were by and by made were unsuccessful.
+For more than a hundred years the territory now included within the United
+States remained unoccupied, except at a few points in the southern part.
+Explorations were, however, pushed with vigor, and many conflicting claims
+were based upon them.
+
+About the beginning of the seventeenth century permanent settlements began
+to be made, yet the increase in population was for the succeeding hundred
+and fifty years very slow. During this time settlements were made in the
+tropical part of America by the Spanish; the French founded settlements in
+Canada and established a chain of forts along the Ohio and Mississippi;
+and the English, though claiming all the land to the Pacific, made
+settlements only along the Atlantic. The Dutch and the Swedes made
+settlements along the Hudson and about Delaware Bay, respectively.
+
+By the middle of the eighteenth century, the Swedes had been dispossessed
+by the Dutch, who in turn had succumbed to the English. And in 1756 began
+the great struggle between France and England for the possession of the
+Mississippi Valley. England won, and the existence of the United States as
+we know and love it became a possibility.
+
+
+THE CAUSES OF THE REVOLUTION.
+
+The causes of the Revolutionary War fall naturally into two great classes,
+the remote and the immediate.
+
+The Remote Causes.--Among the underlying causes of the war may be
+mentioned the following:
+
+1. _The location of the colonies._ They were separated from the mother
+country by a great ocean, which then seemed many times as wide as it does
+now. Communication was so infrequent that the authorities in England could
+not keep track of what was going on in America, and misgovernment could
+flourish unchecked because unknown. And so far away and so differently
+circumstanced from the people in England were the people of the colonies
+that the former could not appreciate the real needs of the latter.
+
+2. _The character of the colonists._ Character is the product largely of
+ancestry and circumstances. The ancestors of these people, after a
+struggle lasting hundreds of years, had established liberty in England and
+intrenched it in guarantees the wisest ever devised by man. From them the
+colonists inherited the right of freedom from arbitrary arrest; of giving
+bail in ordinary offenses; of a speedy, public trial by jury, near the
+place where the crime was alleged to have been committed; of the writ of
+habeas corpus; of established rules of evidence; and, indeed, of nearly
+all the rights mentioned in the first ten amendments to the constitution
+of the United States. Their ancestors had, in the war between Cromwell and
+Charles I., laid down their lives to establish the principle that taxes
+can be laid only by the people or by their representatives. The colonists
+themselves had been compelled to face difficulties incident to life in a
+new country, and had developed the power to act independently in matters
+pertaining to their individual good. And in the management of their
+several commonwealths they had gained considerable experience in
+governmental affairs. With such ancestry and such experience they would
+not tamely endure being imposed upon.
+
+3. _The character of the king._ On the death of Queen Anne without an
+heir, George I., elector of Hanover, had become king of England, and he
+had been succeeded by his son, George II. To both of these kings England
+was really a foreign country, of whose institutions, and of whose language
+even, they were profoundly ignorant. As a consequence, their personal
+influence in England was small. When, in 1760, young George III. ascended
+the throne, he resolved to be king in fact as well as in name. This
+determination, which he adhered to, coupled with his unfamiliarity with
+English institutions, explains many things otherwise difficult to
+understand. (See Fiske's War of Independence, pp. 58-70.)
+
+4. _The prevailing mode of colonization._ Many of the colonies had been
+founded for commercial reasons merely, with no intention of forming
+governmental institutions, Chartered companies and individuals planted
+settlements for the profit there was supposed to be in doing so. These
+colonies were designed to be merely "self-supporting trading outposts of
+England." Money had been put into these enterprises, and in the effort to
+secure a profitable return many unjust commercial restrictions were
+imposed upon the colonists.
+
+Immediate Causes.--Among the immediate causes of the Revolutionary War may
+be mentioned:
+
+1. _The French and Indian War._ In the first place, this war facilitated
+the union of the colonies. Several attempts at union had failed; there
+were too many opposing influences. While by far the greater number of the
+colonists were English, there were many Dutch in New York, and some Swedes
+remained in Delaware. Moreover, the English themselves differed radically
+in politics, those in the South having been royalists, while those in New
+England sympathized with Cromwell and parliament. But more serious than
+these political differences, were the differences in religion. The old
+European quarrels had an echo here, and the catholics of Maryland, the
+episcopalians of Virginia, the puritans of Massachusetts, the baptists of
+Rhode Island, the lutherans of New York, and the quakers of Pennsylvania,
+all had grievances to remember. Travel, which does so much to broaden the
+mind and free it from prejudice, was both difficult and dangerous. The
+French and Indian War, bringing together men from all the colonies, was of
+great service in breaking down intercolonial animosities. Facing the same
+dangers, standing shoulder to shoulder in battle, and mingling with each
+other around the camp fires, the men of the several colonies came to know
+each other better, and this knowledge ripened into affection. The soldiers
+on their return home did much to disseminate the good feeling.
+
+In the second place, the French and Indian War by annihilating all the
+claims of France to American soil removed the principal enemy that had
+rendered the protection of England necessary to the colonies.
+
+In the third place, this war gave the colonists an experience in military
+affairs and a confidence in their own powers which emboldened them to dare
+open rebellion.
+
+And in the fourth place, this war produced the debt which led to the
+taxation which was the most immediate cause of the outbreak.
+
+2. _Various tyrannical acts of the king_. These are given explicitly in
+the Declaration of Independence.
+
+
+_Some Pertinent Questions._
+
+Name a country in the world's history that ever allowed its colonies
+representation in its home parliament or legislative body. Name one that
+does it today. Why do territories in this country desire to become states?
+
+Name some country, other than England, which could have given birth to the
+United States. Prove your proposition.
+
+The Duc de Choiseul, the French minister who signed the treaty whereby
+France yielded to England her claims to American soil, remarked after
+doing it, "That is the beginning of the end of English power in America."
+What did he mean? Upon what did he base his opinion? Why did France help
+the Americans in the Revolutionary War?
+
+What is meant, in speaking of the colonies, by _royal province?_ _Charter_
+government? _Proprietary_ government?
+
+What experience in law making did the colonists have? Where and when did
+the first representative assembly in America convene? Find in the
+Declaration of Independence an expression complaining of
+non-representation in parliament.
+
+To the patriotic and far sighted men who had striven to form a union of
+the colonies, did the religious differences which frustrated their plans
+seem fortunate or unfortunate? Can you see how it came about that we have
+no state church, that we enjoy religious freedom? Doesn't it seem that
+there must have been a Planner wiser than any man who was working out His
+own designs?
+
+
+
+
+CHAPTER XVIII.
+
+THE ARTICLES OF CONFEDERATION.
+
+
+WHAT PRECEDED THEM.
+
+The Revolutionary Period.--The nation was born July 4, 1776. From that
+time until the adoption of the articles of confederation in 1781 the
+people of the United States carried on their governmental affairs by means
+of a congress "clothed with undefined powers for the general good."
+
+This congress had, speaking "in the name and by the authority of the good
+people of these colonies," issued the declaration of independence; it had
+entered into an alliance with France; and it had prosecuted the war almost
+to a successful issue, before it had received any definite warrant for its
+acts. Its acts were justified by necessity, and had their authority in the
+"common consent" of a majority of the people. During nearly all of the
+revolutionary war, the people of the colonies were largely "held together
+by their fears."
+
+
+THE ARTICLES THEMSELVES.
+
+Their History.--But these were pre-eminently a people of peace and good
+order. This is shown in part by the spirit and form of the declaration of
+independence. They had no idea of allowing themselves to lapse or drift
+into anarchy. They understood the necessity for a permanent government.
+
+Accordingly, when, on the eleventh of June, 1776, a committee of congress
+was appointed to "abolish" one form of government by drafting a
+declaration of independence, another committee was appointed to frame a
+plan on which to "institute a new government."
+
+After more than a month's deliberation this committee reported its plan,
+embodied in what is called articles of confederation. This plan was
+discussed from time to time, and finally, somewhat modified, was agreed to
+by congress, November 15, 1777. It was then submitted to the states for
+ratification.
+
+In July, 1778, the articles were ratified by ten of the states. New Jersey
+ratified in November, 1778, and Delaware in February, 1779. But the
+articles were not to become binding until ratified by all the states, and
+Maryland did not authorize her delegates in congress to sign the
+instrument in ratification until March 1, 1781. (Maryland claims to have
+fought through the revolutionary war, not as a member but as an ally of
+the United States.)
+
+Their peculiarities.--The articles of confederation were different from
+our present constitution, both in principle and in method of operation, as
+follows:
+
+1. _The nature of the government formed._ The government was that of a
+"confederation of states," each retaining its sovereignty and
+independence. The union was declared to be a "firm league of friendship."
+It was to be perpetual.
+
+2. _The branches of government._ Only one was provided for, a congress. No
+provision was made for executive or judicial officers apart from the
+congress itself.
+
+3. _The structure of the congress._ The congress consisted of only one
+house or chamber. Members were elected for one year, subject to recall at
+any time, and they were paid by their respective states. No person was
+eligible to membership for more than three years in any period of six
+years. No state could be represented by "less than two, nor more than
+seven members." Each state had one vote.
+
+4. _The powers of congress._ "The United States in congress assembled" had
+power to treat with foreign countries, to send and receive ambassadors, to
+determine peace and war. Congress was the last resort on appeal in all
+disputes between the states; could fix the standard of weights and
+measures, and of the fineness of coin; could establish and regulate
+postoffices; could ascertain and appropriate "the necessary sums of money
+to be raised for the service of the United States;" could borrow money "on
+the credit of the United States;" could agree upon the number of land
+forces and make requisition on each state for its quota; and could appoint
+a committee consisting of one member from each state, to sit during the
+vacations of congress.
+
+5. _Powers denied to the states._ No state could enter into any treaty
+with another state or with a foreign nation, nor engage in war, except by
+consent of "the United States in congress assembled;" nor keep vessels of
+war or a standing army in time of peace, except such number as congress
+should deem necessary.
+
+Reasons for the peculiarities.--Suffering breeds caution. Every one of the
+peculiarities was based upon distrust.
+
+The people were afraid to trust their delegates. This is manifest in the
+shortness of the term, the provision for recall, the reserved right to
+control the delegates by controlling their pay, and the limitation as to
+service.
+
+The states were afraid of each other, especially were the small states
+distrustful of the large ones. This is evidenced in the provision that
+each state should have one vote. By this arrangement the states had equal
+power in the congress.
+
+The people and the states were afraid of the general government. A central
+government was a necessity, but it was given only very limited powers. The
+people would not have an executive officer, because they feared anything
+resembling kingly rule. They did not dare to establish a national
+judiciary having jurisdiction over persons and property, because their
+experience with "trials beyond the sea" had made them wary of outside
+tribunals.
+
+It is to be observed, however, that with all their distrust, in spite of
+the fact that their colonial or state jealousies and habits had returned
+upon them, notwithstanding their specific statement in the instrument
+itself that "each state retains its sovereignty," the instinct of
+nationality was yet strong enough to cause them to continue in the general
+government the actual sovereign powers. Thus, the "United States" alone
+could treat with foreign nations, declare war, and make peace. Another
+great sovereign power, that of coining money, was unfortunately shared by
+the states.
+
+Their defects.--The great defect in the articles of confederation was that
+they placed too little power in the hands of the general government.
+Although congress possessed the right to declare war, it could only
+apportion the quota of men to each state; the states raised the troops.
+And so on with the other powers. The government of the United States
+during the confederation period was "a name without a body, a shadow
+without a substance." An eminent statesman of the time remarked that "by
+this political compact the continental congress have exclusive power for
+the following purposes without being able to execute one of them: They may
+make and conclude treaties; but they can only recommend the observance of
+them. They may appoint ambassadors; but they cannot defray even the
+expenses of their tables. They may borrow money on the faith of the Union;
+but they cannot pay a dollar. They may coin money; but they cannot buy an
+ounce of bullion. They may make war and determine what troops are
+necessary; but they cannot raise a single soldier. In short, they may
+declare everything, but they can do nothing."
+
+The consequences.--"The history of the confederation during the twelve
+years beyond which it was not able to maintain itself, is the history of
+the utter prostration, throughout the whole country, of every public and
+private interest,--of that which was, beyond all comparison, the most
+trying period of our national and social life. For it was the extreme
+weakness of the confederate government, if such it could be called, which
+caused the war of independence to drag its slow length along through seven
+dreary years, and which, but for a providential concurrence of
+circumstances in Europe, must have prevented it from reaching any other
+than a disastrous conclusion. When, at last, peace was proclaimed, the
+confederate congress had dwindled down to a feeble junto of about twenty
+persons, and was so degraded and demoralized, that its decisions were
+hardly more respected than those of any voluntary and irresponsible
+association. The treaties which the confederation had made with foreign
+powers, it was forced to see violated, and treated with contempt by its
+own members; which brought upon it distrust from its friends, and scorn
+from its enemies. It had no standing among the nations of the world,
+because it had no power to secure the faith of its national obligations.
+For want of an uniform system of duties and imposts, [Footnote: Each state
+regulated its own commerce.] and by conflicting commercial regulations in
+the different states, the commerce of the whole country was prostrated and
+well-nigh ruined.... Bankruptcy and distress were the rule rather than the
+exception.... The currency of the country had hardly a nominal value. The
+states themselves were the objects of jealous hostility to each other....
+In some of the states rebellion was already raising its horrid front,
+threatening the overthrow of all regular government and the inauguration
+or universal anarchy." [Footnote: Dr. J. H. McIlvaine in Princeton Review,
+October, 1861. Read also Fiske's Critical Period of American History,
+chapter IV.]
+
+
+
+
+CHAPTER XIX.
+
+THE ORIGIN OF THE CONSTITUTION.
+
+
+"For several years efforts were made by some of our wisest and best
+patriots to procure an enlargement of the powers of the continental
+congress, but from the predominance of state jealousies, and the supposed
+incompatibility of state interests with each other, they all failed. At
+length, however, it became apparent, that the confederation, being left
+without resources and without powers, must soon expire of its own
+debility. It had not only lost all vigor, but it had ceased even to be
+respected. It had approached the last stages of its decline; and the only
+question which remained was whether it should be left to a silent
+dissolution, or an attempt should be made to form a more efficient
+government before the great interests of the Union were buried beneath its
+ruins." [Footnote: Story]
+
+Preliminary Movements.--In 1785 a resolution was passed by the legislature
+of Massachusetts declaring the articles of confederation inadequate, and
+suggesting a convention of delegates from all the states to amend them. No
+action, however, was taken. In the same year commissioners from Virginia
+and Maryland met at Alexandria, Va., to arrange differences relative to
+the navigation of the Potomac, the Roanoke, and Chesapeake Bay. The
+deliberations showed the necessity of having other states participate in
+the arrangement of a compact. In 1786 the legislature of Virginia
+appointed commissioners "to meet such as might be appointed by the other
+states of the Union, ... to take into consideration the trade of the
+United States." Only four states accepted the invitation. Commissioners
+from the five states met at Annapolis, and framed a report advising that
+the states appoint commissioners "to meet at Philadelphia on the second
+Monday in May next, to take into consideration the situation of the United
+States, to devise such further provisions as shall appear to them
+necessary to render the constitution of the federal government adequate to
+the exigencies of the Union." [Footnote: Elliot's Debates] In accordance
+with this suggestion, congress passed a resolution, February 21, 1787,
+recommending that a convention of delegates, "who shall have been
+appointed by the several states, be held at Philadelphia, for the sole and
+express purpose of revising the articles of confederation." [Footnote:
+Elliott's Debates]
+
+
+The Constitutional Convention.--In response to the call of congress,
+delegates from all the states except Rhode Island met in Philadelphia. By
+May 25, a quorum had assembled, the convention organized, with George
+Washington as chairman, and began its momentous work.
+
+It was soon discovered that it would be useless to attempt to amend the
+articles of confederation. They were radically defective, and a new plan
+of government was seen to be necessary. The _national_ idea must be
+re-established as the basis of the political organization.
+
+"It was objected by some members that they had no power, no authority, to
+construct a new government. They certainly had no authority, if their
+decisions were to be final; and no authority whatever, under the articles
+of confederation, to adopt the course they did. But they knew that their
+labors were only to be suggestions; and that they as well as any private
+individuals, and any private individuals as well as they, had a right to
+propose a plan of government to the people for their adoption.... The
+people, by their expressed will, transformed this suggestion, this
+proposal, into an organic law, and the people might have done the same
+with a constitution submitted to them by a single citizen." [Pomeroy's
+Constitutional Law, p. 55]
+
+The labors of the convention lasted four months. The constitution was
+agreed to September 15, 1787.
+
+Some of the difficulties encountered.--Of these perhaps the most
+formidable was the adjustment of power so as to satisfy both the large and
+the small states. So long as the idea of having the congress consist of
+one house remained, this difficulty seemed insurmountable. But the
+proposal of the bicameral congress proved a happy solution of the
+question. [Footnote: See discussion of section 1, Article I.,
+Constitution, page 124.]
+
+Although so much distress had followed state regulation of commerce, and
+although most of the delegates from the commercial states were in favor of
+vesting this power in the federal government, it was only after much
+deliberation, and after making the concession that no export duties should
+be levied, that the power to regulate commerce was vested in congress.
+
+Another perplexing question was the regulation of the slave trade. For two
+days there was a stormy debate on this question. By a compromise congress
+was forbidden to prohibit the importation of slaves prior to 1808, but the
+imposition of a tax of ten dollars a head was permitted.
+
+The men who constituted the convention.--The convention included such men
+as George Washington, Alexander Hamilton, Benjamin Franklin, James
+Madison, Roger Sherman, Gouverneur Morris, Edmund Randolph, and the
+Pinckneys. "Of the destructive element, that which can point out defects
+but cannot remedy them, which is eager to tear down but inapt to build up,
+it would be difficult to name a representative in the convention."
+[Footnote: Cyclopedia of Political Science, vol. I., article
+"Compromises."]
+
+The constitution a growth.--The constitution was not an entirely new
+invention. The men who prepared it were wise enough not to theorize very
+much, but rather to avail themselves of the experience of the ages. Almost
+every state furnished some feature. For instance: The title President had
+been used in Pennsylvania, New Hampshire, Delaware, and South Carolina;
+The term Senate had been used in eight states; the appointment and
+confirmation of judicial officers had been practiced in all the states;
+the practice of New York suggested the president's message, and that of
+Massachusetts his veto; each power of the president had its analogy in
+some state; the office of vice-president came from that of lieutenant
+governor in several of the states.
+
+Some of its peculiarities.--And yet the instrument is one of the most
+remarkable ever penned by man.
+
+1. _It is short_. It would not occupy more than about two columns of a
+newspaper.
+
+2. _It covers the right ground_. It deals with things permanent, and
+leaves transient matters to legislation. Its adaptation to our needs is
+seen in the fact that it has remained substantially unchanged, although in
+territory and population our country has grown immensely.
+
+3. _It is a model in arrangement and language_. The lucidity and
+perspicuity of the language of the constitution have called forth
+expressions of admiration from all who have studied it carefully.
+
+Probably its master-stroke is the creation of the national judiciary.
+
+Let us now proceed to a study of the instrument itself, prepared to weigh
+carefully every sentence.
+
+
+_Some Pertinent Questions_.
+
+Group all the defects of the government under the articles of
+confederation using these two heads: 1. Defects in organization. 2.
+Defects in essential powers.
+
+In the constitutional convention there were several "plans" proposing
+forms of government. State the provisions of the Virginia plan; of the New
+Jersey plan; of the Hamilton plan; the Connecticut plan. Watch for traces
+of each as you proceed in your study of the constitution.
+
+Memorize the following outline of the constitution:
+
+GENERAL OUTLINE OF THE CONSTITUTION.
+
+PREAMBLE, giving reasons for the formation of the constitution.
+
+
+ARTICLE I.--_The Legislative Department_.
+
+Sec. 1. Vestment of power in a congress of two houses.
+
+Sec. 2. House of representatives: apportionment, qualifications, election,
+term, sole powers.
+
+Sec. 3. Senate: apportionment, qualifications, election, term, sole
+powers.
+
+Sec. 4. Congress: time and place of election, time of meeting.
+
+Sec. 5. Houses respectively: relations to members.
+
+Sec. 6. Provisions common: privileges and disabilities.
+
+Sec. 7. Mode of passing laws.
+
+Sec. 8. Powers of congress.
+
+Sec. 9. Prohibitions on congress.
+
+Sec. 10. Prohibitions on the states.
+
+
+ARTICLE II.--_The Executive Department_.
+
+Sec. 1. Vestment of power, term, qualifications, election, etc.
+
+Sec. 2. Powers.
+
+Sec. 3. Duties.
+
+Sec. 4. Responsibility.
+
+
+ARTICLE III.--_The Judicial Department_.
+
+Sec. 1. Vestment of authority, appointment, term, etc.
+
+Sec. 2. Jurisdiction.
+
+Sec. 3. Treason, definition, procedure.
+
+
+ARTICLE IV.--_The States_.
+
+Sec. 1. Mutual credit of official papers.
+
+Sec. 2. Inter-state relations.
+
+Sec. 3. New states and territories.
+
+Sec. 4. Republican form of government guaranteed.
+
+
+ARTICLE V.--_Mode of Amending the Constitution_
+
+
+ARTICLE VI.--_Miscellaneous_
+
+
+ARTICLE VII.--_Ratification_
+
+
+AMENDMENTS.
+
+1-10. Personal rights guaranteed.
+
+11. Limitation on Jurisdiction of U.S. Courts.
+
+12. Mode of electing the president and vice-president.
+
+13-15. Fruits of the Civil War.
+
+[Illustration: PRINCIPAL STORY (For Key see back of page.)]
+
+[Illustration: THE PRINCIPAL STORY OF THE CAPITOL.]
+
+
+
+
+CHAPTER XX.
+
+THE CONSTITUTION OF THE UNITED STATES.
+
+
+THE ENACTING CLAUSE [1] OR PREAMBLE.
+
+_We, the people of the United States,[2] in order to form a more perfect
+union,[3] establish justice,[4] insure domestic tranquillity,[5] provide
+for the common defense,[6] promote the general welfare,[7] and secure the
+blessings of liberty to ourselves and our posterity,[8] do ordain and
+establish this constitution for the United States of America._
+
+[1] The preamble or enacting clause is very important, because it states
+the purposes for which the constitution was framed, and is, therefore, a
+valuable aid in interpreting its provisions.
+
+[2] These words are important, because: First, they recognize the people
+as the source of power. Second, they show that the constitution is
+different in nature from the articles of confederation. The latter was a
+compact between states, adopted by state legislatures acting for the
+states as such; the former was "ordained and established" by "the people
+of the United States," _one_ people, acting as a unit. And the expression,
+which was inserted in the preamble after due deliberation, is, therefore,
+an argument in favor of the proposition that this is a _nation_ and not a
+mere confederacy.
+
+[3] "More perfect" than under the articles of confederation, in which the
+states were declared sovereign and independent. The sovereignty is given
+by the constitution to the general government, which is clothed with ample
+power to maintain its independence. At the same time such limitations are
+placed upon its power as will prevent its becoming despotic.
+
+[4] To establish justice is one of the primary purposes of government.
+Under the articles of confederation there had been no national judiciary,
+and state courts often discriminated against foreigners and citizens of
+other states. To remedy this, to establish fair-handed justice throughout
+the land, the national judiciary was created by the constitution.
+
+[5] "Domestic tranquillity" means here peace among the states and within
+each state. The condition of affairs during the confederation period had
+been woeful. A long war had impoverished the people, and unable to pay
+their taxes they had in several places broken out in rebellion. Each state
+by commercial regulations was trying to better its fortunes even at the
+expense of the others. These regulations, and disputes about boundaries,
+kept the states quarreling among themselves.
+
+By transferring to the general government the power to regulate commerce
+with foreign nations and among the states, by giving it power to enforce
+treaties, and by creating a tribunal with authority to settle
+controversies between states, the framers of the constitution removed in a
+large measure the irritating causes of discord. But to _insure_ peace, the
+general government was expressly given power to put down insurrections in
+the states.
+
+[6] To defend the country is another of the important duties of
+government. The United States could do this better than each state could
+defend itself. Several reasons are obvious. Therefore the general
+government was empowered to raise and maintain an army and navy, and it
+thus became "competent to inspire confidence at home and respect abroad."
+
+[7] "To promote the general welfare" was the great object for which the
+government was organized, and all the provisions of the constitution have
+that in view. This expression was intended to cover all those things which
+a government may properly do for the good of the people. It is very
+elastic, as it was intended to be, and has covered acts as different as
+the purchase of Louisiana, and the endowment of agricultural colleges, the
+granting of a patent, and the establishment of post-offices.
+
+[8] This is a worthy climax to the preamble. The great struggle, which
+began in the mother country, continued through colonial times, and
+culminated in the revolution, had been for liberty. The love of liberty
+had illumined the pathway of the pilgrims crossing unknown seas; it had
+glowed in the Declaration of Independence; it had warmed the hearts of the
+half-clad soldiers at Valley Forge.
+
+Liberty had now been won; the problem was how to render it secure. The
+desired security was to be found only in the formation of a government
+having all powers necessary for national sovereignty and independence,
+while retaining in the states all powers necessary for local
+self-government.
+
+
+
+
+CHAPTER XXI.
+
+ARTICLE I.--THE LEGISLATIVE BRANCH.[1]
+
+
+SECTION I.--CONGRESS.
+
+_All legislative powers herein granted, shall be vested in a congress of
+the United States, which shall consist of a senate and house of
+representatives._[2]
+
+[1] The division of governmental functions among three branches has
+already been discussed on page 79.
+
+The legislative branch comes first and occupies most space in the
+constitution because its framers regarded the legislative as the most
+important branch. And laws must be _made_ before they can be interpreted
+or executed.
+
+[2] The _reason_ for the creation of two houses or chambers was that thus
+only could the conflicting claims of the large and small states be
+reconciled. It was, in fact, a _compromise_, the first of a series.
+
+Only a few in the convention thought at first of having two houses, the
+plan being to continue as under the articles of confederation with one
+house. On the question of apportioning representatives, it was found that
+there was a decided difference of opinion. The small states wished to
+continue the principle of the articles of confederation, which gave the
+several states equal power. But the large states insisted that the power
+of a state should be _in proportion to its population_. The differences
+were finally settled by the creation of two houses, in one of which the
+states should have equal power, and in the other the representation should
+be based upon population.
+
+Connecticut has the honor of furnishing this valuable compromise. In her
+legislature, representation in one house was based on population; in the
+other, the towns had equal representation.
+
+Among the _advantages_ of having two houses, aside from that mentioned on
+page 80, are these: It tends to prevent a few popular leaders from
+carrying through laws not designed for the common good; it secures a
+review of any proposed measure by men elected in different ways and
+looking at it from different standpoints. As our congress is organized,
+the members of the house of representatives, being elected by popular vote
+and for a short term, are likely to represent with considerable
+faithfulness the wishes of the people. But the people may be for a time
+wrong--as, for instance, in the persecution of the "witches"--and
+senators, who by their mode of election and length of term are made
+somewhat independent, can comparatively without fear do what seems right,
+even if temporarily unsupported by public opinion.
+
+
+SECTION II.--HOUSE OF REPRESENTATIVES.[1]
+
+_Clause 1.--Composition and Term._
+
+_The house of representatives shall be composed of members chosen every
+second year[2] by the people[3] of the several states, and the electors[4]
+in each state shall have the qualifications requisite for electors of the
+most numerous branch of the state legislature.[5]_
+
+[1] So called because it represents the people.
+
+[2] The term under the confederation had been one year. This was too short
+to permit any adequate study of the subjects to be legislated upon. This
+longer term, two years, is still short enough to impose upon
+representatives the feeling of responsibility.
+
+The term begins March 4, at noon. The time covered by a representative's
+term is called _a congress;_ thus we speak of the fortieth congress,
+meaning the fortieth two years of our constitutional existence. The name
+also applies to the body constituting our national legislative department
+during that time. Thus we say that a certain person is a member of
+congress.
+
+"A congress" includes two regular sessions and any number of extra
+sessions which the president may see fit to call or which may be provided
+for by law. The first regular session is called "the long session,"
+because congress may remain in session through the summer, if it choose.
+The second is called "the short session," because it must end March 4, at
+noon. Expiring thus by limitation, it lasts not more than about three
+months.
+
+[3] The word _people_ here means _voters_.
+
+Each state is divided by its legislature into congressional districts
+equal in number to the representatives to which it is entitled, and the
+people of each district elect one representative. Sometimes when a state
+has its representation increased after a new census, the old congressional
+districts are left for a time undisturbed, and the added representatives
+are elected "at large," while the others are chosen by districts as
+before.
+
+[4] Voters.
+
+[5] The qualifications for voting in any state are fixed by the state
+itself, and different states require different qualifications. When the
+constitution was framed, but not now, some states required higher
+qualifications in voters for the upper house of the state legislature than
+in voters for the lower; so that more persons could vote for members of
+the lower, which is always the "most numerous" branch, than for the
+higher. Desiring to make the United States house of representatives as
+"popular" as possible, the framers of the constitution determined that all
+whom any state was willing to trust to vote for a member of the lower
+house of the state legislature, the United States could trust to vote for
+members of its lower house.
+
+_Clause 2.--Qualifications_.
+
+_No person shall be a representative who shall not have attained the age
+of twenty-five years,[1] and been seven years a citizen of the United
+States,[2] and who shall not, when elected, be an inhabitant of that state
+in which he shall he chosen.[3]_
+
+[1] For business and voting purposes a man "comes of age" at twenty-one
+years. Four years of probation are considered the least amount of time
+necessary to fit him for the responsibilities of a member of the house of
+representatives.
+
+[2] A born citizen will at twenty-five years of age have been a citizen
+for twenty-five years. A naturalized citizen must have lived in the United
+States for at least twelve years, [Footnote: Eight years in the case of an
+honorably discharged soldier who may become a citizen on one year's
+residence.] five years to become a citizen and seven years afterwards,
+before being eligible to the house of representatives. These twelve years
+will have given him time to become "Americanized."
+
+[3] Residence in the state is required in order that the state may be
+represented by persons interested in its welfare. No length of time is
+specified, however. Residence in the district is not required by the
+constitution, because the distribution of representatives within a state
+is left to the state itself. A person _may_ be chosen to represent a
+district in which he does not live, and this has been done in a few
+instances. One does not lose his seat by moving from the district or even
+from the state, but propriety would impel resignation.
+
+
+WHO MAY NOT BE REPRESENTATIVES.
+
+1. Persons holding any office under the United States. [I., 6, 2.]
+
+2. Persons who by engaging in rebellion against the United States have
+violated their oath to support the constitution, unless the disability be
+removed. [Am. XIV., 3.]
+
+_Clause 3.--Apportionment._
+
+The parts of this clause enclosed in brackets are now obsolete.
+
+_Representatives and direct taxes[1] shall be apportioned among the
+several states which may be included within this Union, according to their
+respective numbers,[2] [which shall he determined by adding to the whole
+number of free persons[3] including those bound to service [4] for a
+number of years, and] excluding Indians not taxed, [three-fifths of all
+other persons.[5]] The actual enumeration[6] shall he made within three
+years after the first meeting of the congress of the United States,[7] and
+within every subsequent term of ten years, in such manner as they shall by
+law direct. The number of representatives shall not exceed one for every
+thirty thousand,[8] but each state shall have at least one
+representative,[9] [and until such enumeration shall he made, the State of
+New Hampshire, shall be entitled to choose three, Massachusetts eight,
+Rhode Island and Providence Plantations one, Connecticut five, New York
+six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six,
+Virginia ten, North Carolina five, South Carolina five, and Georgia
+three.]_
+
+[1] These are like the usual local taxes; that is, "poll" taxes and taxes
+on real and personal property. A tax on incomes derived from such property
+was, in May, 1895, declared by the United States Supreme Court to be a
+direct tax. United States direct taxes have been laid only in 1798, 1813,
+1815, 1816, 1862.
+
+[2] The revolutionary war had just been fought to maintain the principle,
+"taxation and representation go hand in hand," and this provision was made
+in harmony therewith. The including of direct taxes was a concession to
+the slaveholding states.
+
+[3] Men, women and children. [4] Apprentices.
+
+[5] Slaves. The framers of the constitution did not like to use the word
+"slave," and therefore used this expression. Most of them, even the
+slaveholders, hoped that slavery would soon cease to be.
+
+In determining the persons to be enumerated, much difficulty was
+encountered. The slaveholding states wished the slaves counted as
+individuals, claiming that they had as much right to be represented as had
+women, children and other non-voters. The non-slaveholding [Footnote: In
+all the states except Massachusetts slavery then existed. But in the
+northern states the number of slaves was so small, that we may call them
+"non-slaveholding."] states thought that being held as property they
+should not be counted at all for purposes of representation. This
+provision in the constitution was the outcome,--another compromise.
+
+[6] Called the _Census_. The prime purpose in taking the census is to find
+out the number of people in each state, so that representation may be
+equalized. But the census takers collect at the same time a vast amount of
+other useful information upon the agriculture, manufactures, commerce,
+etc., of the country. Reports of the census are published by the
+government for gratuitous distribution.
+
+[7] The first meeting of congress was held in 1789, and the first census
+was taken in 1790.
+
+[8] To prevent the House from becoming too large. But the population of
+the United States has constantly and rapidly increased, so that the "ratio
+of representation," as it is called, has been made greater at each census.
+It now takes 173,901 people to secure a representative. (For ratio in each
+decade, see pages 312-13.)
+
+[9] So that even the smallest states shall be represented.
+
+_Clause 4.--Vacancies._
+
+_When vacancies[1] happen in the representation from any state, the
+executive authority[2] thereof shall issue writs of election[3] to fill
+such vacancies.[4]_
+
+[1] Vacancies usually happen through the death or resignation of the
+incumbent. But a vacancy may be made by the expulsion of a member or by
+the election of an ineligible person.
+
+[2] The governor or acting governor.
+
+[3] That is, he orders an election. The order is printed in the newspapers
+of the district, and specifies the time the election is to be held. At the
+time specified the electors vote as in regular elections. This is called a
+"special election."
+
+[4] The person elected serves for the unexpired term.
+
+_Clause 5.--House Powers.
+
+The House of Representatives shall choose their speaker[1] and other
+officers;[2] and shall have the sole power of impeachment[3]._
+
+[1] Called so in imitation of the title of the presiding officer of the
+British House of Commons, who was originally called the speaker because he
+acted as spokesman in communicating to the king the wishes of the House.
+
+The speaker is chosen by ballot from among the members, and serves during
+the pleasure of the House. At the beginning of each congress a new
+election is held. A speaker may be re-elected. Henry Clay served as
+speaker for ten years.
+
+The duties of the speaker are prescribed by the rules of the House. So
+far, he has always appointed the committees. As the work of legislation is
+largely shaped by committees, it may be fairly asked whether any one else
+can so affect the legislation of the country as can the speaker--whether,
+indeed, he has not too much power.
+
+[2] The most important "other officers" are the clerk and the
+sergeant-at-arms.
+
+The clerk, as his title would indicate, has charge of the records of the
+House. He has a number of assistants.
+
+The sergeant-at-arms acts under the orders of the speaker in keeping order
+and in serving processes. His duties in the House resemble those of the
+sheriff in court.
+
+The doorkeeper, postmaster, and chaplain, have duties indicated by their
+titles.
+
+These officers are elected by the House and serve during its pleasure,
+usually two years. Assistants are appointed by the officers whom they
+assist.
+
+None of these officers are members of the House.
+
+[3] An impeachment is a solemn accusation in writing, formally charging a
+public officer with crime. "The articles of impeachment are a sort of
+indictment; and the House, in presenting them, acts as a grand jury, and
+also as a public prosecutor." [Footnote: Story's Exposition of the
+Constitution of the United States.]
+
+For further discussion of impeachment, see pages 138, 203 and 331. A very
+interesting account of the impeachment trial of Secretary Belknap is given
+in Alton's _Among the Lawmakers_, pages 245-250. Mr. B. is hidden under a
+fictitious name.
+
+On impeachment, see also Wilson's _Congressional Government_, page 275.
+
+
+WRITTEN EXERCISE.
+
+Each member of the class should prepare a tabulation like this, filling
+out the blanks briefly.
+
+HOUSE OF REPRESENTATIVES.
+
+I. NUMBER--
+   1. Based upon.
+   2. Limitations.
+      (a)
+      (b)
+II. QUALIFICATIONS.
+   1.
+   2.
+   3.
+   4.
+   5.
+III. ELECTION--
+IV. TERM--
+Y. VACANCY--
+
+
+_Pertinent Questions._
+
+What is a constitution? A law? A preamble? How many of the reasons
+assigned in the preamble for establishing this government are general and
+how many are special?
+
+How many houses do most legislative bodies have? How many did the congress
+under the confederation have? Why? Why has congress two houses?
+
+How many representatives has this state in the U.S. congress? Give their
+names by districts. In which district do you live? When was your
+representative elected? By the census of 1880, Alabama had a population of
+1,262,505; how many representatives should it have? Nevada had only 62,261
+inhabitants, but has a representative; how do you account for the fact?
+What proportion of U.S. officers are elected?
+
+What is the "most numerous branch" of this state's legislature called?
+What qualifications must electors to that house have? Whom else can such
+persons therefore vote for? If this state desired higher qualifications in
+electors for United States representatives, how could she require them?
+Should not the United States designate the qualifications of voters for
+members of congress? May one who is not a citizen of the United States
+vote for a member of congress?
+
+What is the number of the present congress? When did it begin? How many
+members in the present House of Representatives? Just how was that number
+determined? Name the speaker. What political party is in the majority in
+the present House? Is congress now in session?
+
+Must a representative reside in the _district_ from which he is chosen? If
+your representative should move to another state, would he lose his seat?
+If a person twenty-four years and ten months old at the time of election
+should be chosen representative, would he be eligible?
+
+How long must an alien live in the United States to be eligible to the
+house? Is there any exception?
+
+If $13,000,000 were to be raised for the use of the United States by
+direct taxation, how much would this state have to pay? How much would
+Alaska have to pay? How would this state raise the money?
+
+Are there any people in this state who are not counted in making up the
+representative population?
+
+When was the first United States census taken? How many have since been
+taken? When was the last taken? When will the next be taken?
+
+How did members of congress vote under the confederation? How do they now
+vote?
+
+How is Utah represented in congress? The District of Columbia?
+
+What five states had the largest representation in the first congress?
+What five have now? Which two have fewer members now than in the first
+congress? Which three have just the same number?
+
+Name the present officers of the House of Representatives. Are any of them
+from this state?
+
+How does our House of Representatives compare with the British House of
+Commons in the number of members? In the length of their terms? In the age
+required for eligibility? What famous speech have you read in reply to one
+in which a certain member of the House of Commons had been alluded to
+contemptuously as "a young man?"
+
+Could one who is not a voter be elected to the house? Is a woman eligible?
+Could the state impose other qualifications than those mentioned in the
+constitution?
+
+
+SECTION III.--THE SENATE.[1]
+
+_Clause 1.--Composition._
+
+_The Senate of the United States shall be composed of two senators from
+each state,[2] chosen by the legislature thereof,[3] for six years;[4] and
+each senator shall have one vote.[5]_
+
+[1] Latin _senatus_, from _senex_, an old man. This dignified term seems a
+favorite, being used in many countries to designate the upper house. In
+other countries a term is used having the same signification.
+
+[2] This arrangement will be remembered as the concession made by the
+large states to the small ones.
+
+Had the number of senators been fixed at one from each state, equality of
+power among the states would still have been secured; but sickness or
+accident might then leave a state unrepresented. By having two, this
+difficulty is obviated. The two can consult about the needs of their state;
+and the Senate is large enough to "confer power and encourage firmness."
+Three from each state would bring no advantages which are not now secured,
+while the Senate would be unnecessarily large and expensive.
+
+[3] This mode of election was fixed upon for two reasons: First, the
+senators represent the state, as such, and hence it seemed proper that
+they should be chosen by the body which acts for the state in its
+corporate capacity; second, the members of the House of Representatives
+being elected by the people, it was deemed advisable to elect the senators
+in a different way, in order that, by representing different elements,
+each house might act as a check upon the other. Incidentally, election by
+the legislature was considered good, because it would serve as a
+connecting link between the states and the United States.
+
+[4] The long term gives dignity and independence to the position of
+senator; it gives assurance of stability in the national councils, and
+tends to secure for them confidence at home and respect abroad; it raises
+senators "above the whims and caprices of their constituents, so that they
+may consult their solid interests, rather than their immediate wishes."
+
+[5] Under the confederation each state had from two to seven members of
+congress, but only one vote. If the delegation was equally divided on any
+question, or if only one member was present, the state lost its vote.
+
+By the present arrangement a state need not go entirely unrepresented on
+account of the absence of one of its senators.
+
+_Clause 2.--Classification and Vacancies._
+
+_Immediately after they shall be assembled in consequence of the first
+election, they shall be divided, as equally as may be, into three
+classes.[1] The seats of the senators of the first class shall be vacated
+at the expiration of the second year; of the second class, at the
+expiration of the fourth year; and of the third class, at the expiration
+of the sixth year;[2] so that one-third may be chosen every second year;
+and if vacancies happen by resignation, or otherwise, during the recess of
+the legislature of any state, the executive thereof may make temporary
+appointments until the next meeting of the legislature, which shall then
+fill such vacancies.[3]_
+
+[1] The object of this division is to secure for the Senate at all times a
+large proportion of experienced members. By this arrangement, too, the
+Senate becomes a permanent body, ready at any time to convene for the
+consideration of treaties, for the trial of impeachments, or for
+confirming executive appointments.
+
+[2] Only ten states were represented when, on May 15, 1789, this
+classification was first made. (North Carolina and Rhode Island had not
+yet ratified the constitution, and New York's senators had not yet
+presented their credentials.) The twenty senators had on the preceding day
+been grouped by name into three classes, two of seven senators each, and
+one of six. By the drawing of three numbered slips of paper, seven fell
+into class 1, seven into class 2, and six into class 3, with terms ending
+March 3, 1791, 1793, and 1795, respectively. After the classification had
+been fixed, the two senators from New York appeared. One was placed, by
+lot, in class 3 (thus filling the classes), and then the other, also by
+lot, in class 1. The two senators from the next state, North Carolina,
+were therefore placed in the unfilled classes 2 and 3. Since 1795, each
+class holds for six years, and a senator's term expires with that of his
+class.
+
+[3] Senators represent the state, and are elected by the body which acts
+for the state,--by the legislature if in session, temporarily by the
+governor if it is not.
+
+_Clause 3.--Qualifications_.
+
+_No person shall be a senator, who shall not have attained to the age of
+thirty years,[1] and been nine years a citizen of the United States,[2]
+and who shall not, when elected, be an inhabitant of that state from which
+he shall be chosen.[3]_
+
+[1] This was also the age for eligibility to the Roman Senate. It is five
+years more than the requirement for membership in the House.
+
+[2] Two years of citizenship more than required of a representative. As
+the Senate acts with the president in making treaties, this requirement
+seems none too great.
+
+[3] The propriety of this is self-evident. (I. 2: 2.)
+
+_Clause 4.--Presiding Officer._
+
+_The vice-president of the United States shall be president of the
+Senate,[1] but shall have no vote,[2] unless they be equally divided.[3]_
+
+[1] This arrangement was made for three reasons:
+
+First. It would give the vice-president something to do.
+
+Second. Partaking in the executive business of the Senate would give the
+vice-president excellent training for the duties of the presidency, in
+case he should be called thereto.
+
+Third. The equality of power among the states would remain undisturbed.
+Had it been arranged that the Senate should choose its own presiding
+officer from among its members, one state might thereby gain (or lose)
+power in the Senate.
+
+[2] Because he is not a member of the Senate. For this reason, also, he
+cannot take part in debates, nor can he appoint committees. These are
+elected by the Senate itself.
+
+[3] But for his casting vote; a "dead-lock" might occur on some important
+question. This "might give rise to dangerous feuds, or intrigues, and
+create state or national agitations."
+
+_Clause 5.--Other Officers._
+
+_The Senate shall choose their other officers,[1] and also a president pro
+tempore,[2] in the absence of the vice-president, or when he shall
+exercise the office of president of the United States._
+
+[1] These are similar to those of the House. (See p. 131.)
+
+[2] The president _pro tempore_ is chosen from among the senators. Being a
+senator, he can debate and vote upon any question. He cannot, of course,
+give a "casting vote," because that would virtually give him two votes.
+
+The president _pro tempore_ serves during the pleasure of the Senate, or
+until the expiration of his senatorial term.
+
+It is the general practice for the vice-president to vacate his chair at
+the beginning of the session, to permit the Senate to chose a president
+_pro tempore_, so that if during vacation the vice-president should become
+president, the Senate might not be without a presiding officer. Until
+recently this was quite important, for the president _pro tempore_ of the
+Senate was next to the vice-president in the succession to the presidency.
+But the succession has been changed. (See p. 190.)
+
+_Clause 6.--Impeachment._
+
+_The Senate shall have the sole power to try all impeachments.[1] When
+sitting for that purpose, they shall be on oath or affirmation.[2] When
+the president of the United States is tried, the chief Justice shall
+preside;[3] and no person shall be convicted without the concurrence of
+two-thirds of the members present.[4] Judgement in cases of impeachment
+shall not extend further than to removal from office, and disqualification
+to hold and enjoy any office of honor, trust or profit, under the United
+Sates;[5] but the party convicted shall, nevertheless, be liable and
+subject to indictment, trial, judgment and punishment, according to
+law.[6]_
+
+[1] For the mode of conducting impeachments, see pages 131 and 331.
+
+To have impeachments tried by a court of law would be unwise for several
+reasons: In the first place, judges should be kept free from political
+contests, in order that they may retain the proper judicial frame of mind.
+In the second place, judges are appointed by the executive, who may be the
+one impeached. Lastly, a judge is himself subject to impeachment.
+
+[2] To enhance the solemnity of the occasion. The British House of Lords
+when sitting as a high court of impeachment is not under oath. But courts
+usually are.
+
+[3] The vice-president, having interest in the result, would be
+disqualified. The chief justice, from the dignity of his station and his
+great experience in law, seems the fittest person to preside on such a
+grave occasion. Except in this single instance, however, the
+vice-president presides in trials on impeachment.
+
+[4] In an ordinary court, the verdict of the jury must be unanimous. To
+require similar agreement in this case would be to make it next to
+impossible ever to convict. To allow a bare majority to convict would be
+to place too little protection over a public officer.
+
+[5] But for this provision abuses of power might occur in times of
+political excitement and strife. The question which the Senate settles is
+simply whether, in view of the evidence, the accused is or is not worthy
+to hold public office.
+
+[6] This provision was inserted to prevent an official who had been
+deposed for crime from pleading the principle that "No one can be twice
+tried and punished for the same offense."
+
+
+WRITTEN EXERCISE.
+
+COMPARATIVE TABULATION.
+
+POINTS CONSIDERED.              HOUSE OF R.    SENATE
+
+Number...............................................
+                    Age
+Qualifications......Citizenship......................
+                    Inhabitancy
+Election.............................................
+Term.................................................
+Vacancy..............................................
+Presiding Officer  Title.............................
+                   How Chosen........................
+Sole Powers..........................................
+        _Debate._
+
+Resolved, That United States Senators should be elected by the people.
+
+
+_Pertinent Questions._
+
+Name the present senators from this state. When were they elected? Were
+they elected to fill a vacancy or for a full term? How many times has each
+been elected?
+
+How many more senators has New York that Rhode Island? How many members in
+the present Senate? How many in each class? When the next state is
+admitted, in what classes will its senators be placed? How will the class
+of each be decided?
+
+Why not have senators chosen for life?
+
+If one of our senators should resign today, to whom would the resignation
+be addressed? How would the vacancy be filled? How long would the
+appointee serve? Could the governor appoint himself?
+
+How long at least must an alien live in the United States before being
+eligible to the Senate? Has anyone ever been refused admission, after
+being duly elected, on account of shortness of citizenship?
+
+Who is now vice-president? Who is president _pro tempore_ of the Senate?
+Why is it not correct under any circumstances to speak of the president
+_pro tempore_ as vice-president?
+
+Has the vice-president's vote ever helped to carry any measures of great
+importance?
+
+If every senator be "present," what number of senators would it take to
+convict? Does the accused continue to perform his official duties during
+the trial? Was President Johnson impeached? Is there any appeal from the
+Senate's verdict? How do senators vote in cases of impeachment? How is
+judgment pronounced?
+
+What punishments follow conviction on impeachment in other countries?
+
+What is treason? Bribery? What are crimes? High crimes? Misdemeanors?
+
+How is an impeachment trial conducted? (See appendix.)
+
+
+SECTION IV.--ELECTIONS AND MEETINGS.
+
+_Clause 1.--Elections to Congress._
+
+_The times, places and manner of holding elections for senators and
+representatives, shall be prescribed in each state by the legislature
+thereof: but the congress may at any time, by law, make or alter such
+regulations,[1] except as to the place of choosing senators.[2]_
+
+[1] Until 1842 these matters were left entirely with the several states.
+Congress then provided that representatives should be elected by districts
+of contiguous territory, equal to the number of representatives. It has
+since provided that elections for representatives shall be by ballot, and
+that the election shall be on the first Tuesday after the first Monday of
+November in the even numbered years.
+
+The time and mode of electing senators are given on page 333.
+
+[2] This would in effect be giving congress power to locate the capital of
+a state.
+
+_Clause 2.--Meetings._
+
+_The congress shall assemble at least once in every year, and such meeting
+shall be on the first Monday in December, unless they shall by law appoint
+a different day._
+
+They have _not_ by law appointed a different day.
+
+"Annual meetings of the legislature have long been deemed, both in England
+and America, a great security to liberty and justice." By making provision
+in the constitution for annual meetings, the duty could not be evaded.
+
+Extra sessions of congress may be called at any time by the president or
+be provided by law. There used to be three sessions, one beginning March
+4.
+
+The _place_ of meeting is not named, because the capital had not been
+located, and in some cases it might be desirable to hold the session
+elsewhere.
+
+
+SECTION V. SEPARATE POWERS AND DUTIES.
+
+_Clause 1. Membership: Quorum._
+
+_Each house shall be the judge of the elections, returns and
+qualifications of its own members,[1] and a majority of each shall
+constitute a quorum to do business;[2] but a smaller number may adjourn
+from day to day, and may be authorized to compel the attendance of absent
+members, in such manner, and under such penalties, as each house may
+provide.[3]_
+
+[1] This means simply that each house has the power to determine who are
+entitled to membership in it. This has long been recognized in free
+countries as a right belonging to a legislative body, necessary to the
+maintenance of its independence and purity--even its existence. But when
+the parties are nearly balanced, the majority is tempted to seat its
+fellow-partizan.
+
+[1] This is the number usually established as a quorum for a deliberative
+body. Certainly no smaller number should have a right to transact
+business, for that would give too much power to an active minority. And to
+require more than a majority, would make it possible for a minority to
+prevent legislation.
+
+[3] Under the rules no member has a right to be absent from a session
+unless excused or sick. Unexcused absentees, unless sick, may be arrested
+and brought to the capitol by the sergeant-at-arms or a special messenger.
+
+When fewer than fifteen members are present, they usually adjourn.
+
+_Clause 2.--Discipline._
+
+_Each house may determine the rules of its proceedings,[1] punish its
+members for disorderly behavior, and with the concurrence of two-thirds,
+expel a member.[2]_
+
+[1] The rules are intended to facilitate business, by preventing confusion
+and unnecessary delay. They are designed also to check undue haste.
+
+The rules of each house are based upon the English parliamentary practice,
+as are the rules of all legislative or deliberative bodies wherever the
+English language is spoken. (See "Manuals" of Senate and House.)
+
+[2] It seems unlikely that even in times of great excitement two-thirds of
+either house would favor expulsion unless it were deserved. This is also,
+it will be observed, the number necessary to convict in case of
+impeachment.
+
+_Clause 3.--Publicity._
+
+_Each house shall keep a journal of its proceedings, and, from time to
+time, publish the same,[1] excepting such parts as may, in their judgment,
+require secrecy;[2] and the yeas and nays[3] of the members of either
+house, shall at the desire of one-fifth of those present, be entered on
+the journal.[4]_
+
+[1] This is to give publicity to the proceedings of congress, for the
+benefit of both legislators and constituents. This provision is a valuable
+one, in spite of the fact that demagogues are sometimes able thereby to
+gain cheap glory.
+
+To give still further publicity to the proceedings, spectators and
+newspaper reporters are admitted to the gallery of each house, and members
+may have their speeches printed and distributed.
+
+[2] The House of Representatives rarely has a secret session. But the
+Senate still keeps its executive sessions secret.
+
+[3] For methods of voting see page 314.
+
+[4] The purpose of this provision is to make members careful how they
+vote, for the record is preserved. It will be noticed that the number
+necessary to secure the record is small.
+
+While this provision is intended to protect the minority, by enabling them
+to impose responsibility upon the majority, it is open to abuse. It is
+sometimes used by a minority to delay unnecessarily the proper transaction
+of business. (For a graphic account of "filibustering," see Among the Law
+Makers, 165-173.)
+
+_Clause 4--Adjournment._
+
+_Neither house, during the session of congress, shall without the consent
+of the other, adjourn for more than three days, nor to any other place
+than that in which the two houses shall be sitting._
+
+The purpose of this provision is evident.
+
+The sessions of congress may end in any one of three ways:
+
+1. The terms of representatives may end.
+
+2. The houses may agree to adjourn.
+
+[Illustration: SENATE CHAMBER]
+
+[Illustration: HOUSE OF REPRESENTATIVES]
+
+[Illustration: STATE, WAR AND NAVY DEPARTMENTS.]
+
+[Illustration: INTERIOR DEPARTMENT]
+
+3. In case of disagreement between the houses as to the time of
+adjournment, the president may adjourn them. (This contingency has never
+yet arisen, however.)
+
+
+SECTION VI. MEMBERS.
+
+_Clause 1.--Privileges._
+
+_The senators and representatives shall receive a compensation for the
+services,[1] to be ascertained by law,[2] and paid out of the treasury of
+the United States.[3] They shall in all cases except treason,[4]
+felony,[4] and breach of the peace, be privileged from arrest during their
+attendance at the session of their respective houses, and in going to and
+returning from the same;[5] and for any speech or debate in either house,
+they shall not be questioned in any other place.[6]_
+
+[1] See discussion in connection with state legislature, p. 85.
+
+[2] The salary of congressmen is, therefore, fixed by themselves, subject
+only to the approval of the president. It is now $5000 a year, and
+mileage. The speaker receives $8000 a year and mileage. The president _pro
+tempore_ of the Senate receives the same while serving as president of the
+Senate.
+
+[3] They are serving the United States.
+
+[4] Defined on pages 158 and 211.
+
+[5] So that their constituents may not for frivolous or sinister reasons
+be deprived of representation.
+
+[6] That is, he cannot be sued for slander in a court of justice, but he
+can be checked by his house, if necessary, and the offensive matter
+omitted from the Record.
+
+The purpose of this provision is not to shield cowards in speaking ill of
+persons who do not deserve reproach, but to protect right-minded members
+in exposing iniquity, no matter how the doers of it may be intrenched in
+wealth or power.
+
+_Clause 2.--Restrictions._
+
+_No senator or representative shall, during the time for which he was
+elected, be appointed to any civil office under the authority of the
+United States, which shall have been created, or the emoluments whereof
+shall have been increased during such time;[1] and no person holding any
+office under the United States shall be a member of either house during
+his continuance in office.[2]_
+
+[1] The obvious purpose of this provision is to remove from members of
+congress the temptation to create offices with large salaries for their
+own benefit, or to increase for a similar reason the salaries of offices
+already existing. It was designed also to secure congress from undue
+influence on the part of the president.
+
+The wisdom of the provision has, however, been seriously questioned. "As
+there is a degree of depravity in mankind, which requires a certain degree
+of circumspection and distrust, so there are other qualities in human
+nature, which justify a certain portion of esteem and confidence.
+Republican government presupposes the existence of these qualities in a
+higher form, than any other. It might well be deemed harsh to disqualify
+an individual from any office, clearly required by the exigencies of the
+country, simply because he had done his duty.... The chances of receiving
+an appointment to a new office are not so many, or so enticing, as to
+bewilder many minds; and if they are, the aberrations from duty are so
+easily traced, that they rarely, if ever, escape the public reproaches.
+And if influence is to be exerted by the executive, for improper purposes,
+it will be quite as easy, and its operation less seen, and less suspected,
+to give the stipulated patronage in another form." [Footnote: Judge
+Story.]
+
+[2] This was to obviate state jealousy, to allay the fears entertained by
+some that the general government would obtain undue influence in the
+national councils.
+
+
+TABULAR VIEW.
+
+Each pupil may make out a tabulation, giving briefly the facts called for
+in this outline:
+
+I. CONGRESSIONAL ELECTIONS, HOW REGULATED.
+II. SESSIONS OF CONGRESS--
+     1. Frequency.
+     2. Time of beginning.
+III. POWERS AND DUTIES OF EACH HOUSE--
+     1. Membership.
+     2. Quorum.
+     3. Discipline.
+     4. Publicity.
+     5. Adjournment.
+IV. MEMBERS OF CONGRESS--
+     1. Privileges.
+     2. Restrictions.
+
+
+_Debate._
+
+Resolved, That members of the cabinet should have seats in congress _ex
+officio._
+
+
+_Pertinent Questions._
+
+Why not leave the power to regulate congressional elections unreservedly
+with the states? Where are the United States senators from this state
+elected?
+
+How are United States senators elected? See appendix.
+
+Is congress now in session? Will the next session be the long or the short
+one? When, within your recollection, was there an "extra session" of
+congress? Could the president convene one house without the other? Which
+is the longest session of congress on record? Does congress meet too
+often?
+
+Where does congress now meet? Is that the best place? At what different
+places has congress met since the adoption of the constitution?
+
+If two persons should claim the same seat in the House of Representatives,
+who would decide between them? How would the contest be carried on? (See
+page 330.) Has there ever been a "contested" election from this state?
+
+What number of representatives is the least that could transact business?
+The least number of senators? The least number of representatives that
+could possibly pass a bill? Of senators? What is done if at any time
+during the proceedings it is found that there is "no quorum present?"
+
+Has a member ever been expelled from either house? May either house punish
+for disorder persons who are not members? Can either house temporarily set
+aside all of its rules?
+
+Did you ever see a copy of the Congressional Record? If congress be now in
+session, make a weekly report of its proceedings. How could you see
+congress in session? Could you be a spectator at a committee meeting? How
+could you witness an "executive session" of the Senate?
+
+Can a member be punished for an offense committed before he was elected?
+
+How is voting usually done in a deliberative assembly? How in Congress?
+How are territories represented in congress?
+
+Distinguish between the "capital" and the "capitol" of the United States.
+Who has power to locate the capital of the United States?
+
+Has the salary of congressmen ever been more than $5000 a year? How were
+congressmen paid under the confederation?
+
+What is meant by the House resolving itself into a _committee of the
+whole?_
+
+When does the freedom from arrest of a member of congress begin? When does
+it end? Could a summons be served upon him during that time?
+
+What is slander? Libel? Is a member of congress liable for the publication
+of his speech in the Congressional Record? Would he be responsible if he
+should have it published in any other than the official way?
+
+Can a member of congress resign to accept an office already in existence,
+and whose emoluments have not been increased during his term? Give
+examples. If a United States officer be elected to congress, how long can
+he retain his office? Could a member of congress be appointed to a
+_military_ office created during his term? Can a member be appointed
+_after his term is out_ to an office created during his term?
+
+Is a member of congress an officer of the United States?
+
+
+SECTION VII.--LAW MAKING.
+
+_Clause 1.--Revenue Bills._
+
+_All bills for raising revenue[1] shall originate in the House of
+Representatives;[2] but the Senate may propose or concur with amendments,
+as on other bills.[3]_
+
+[1] That is, bills in relation to the levying of taxes or for bringing
+money into the treasury in any other way.
+
+[2] Because the representatives are nearer to the people, who must pay the
+taxes, and can therefore be more readily held to account.
+
+[3] Such bills in England originate in the House of Commons, and the House
+of Lords has no power of amendment.
+
+The purpose of giving the Senate power to amend is to preserve the due
+influence of the small states in this important matter.
+
+_Clause 2.--Mode of Making Laws._
+
+_Every bill which shall have passed the House of Representatives and the
+Senate,[1] shall, before it becomes a law, be presented to the president
+of the United States;[2] if he approve, he shall sign it; but if not, he
+shall return it, with his objections, to that house in which it shall have
+originated, who shall enter the objections at large on their journal, and
+proceed to reconsider it. If, after such reconsideration, two-thirds of
+that house shall agree to pass the bill, it shall be sent, together with
+the objections, to the other house, by which it shall likewise be
+considered, and, if approved by two-thirds of that house, it shall become
+a law.[3] But in all such cases the votes of both houses shall be
+determined by yeas and nays, and the names of the persons voting for and
+against the bill shall be entered on the journal of each house,
+respectively.[4] If any bill shall not he returned by the president within
+ten days (Sundays excepted) after it shall have been presented to him, the
+same shall he a law, in like manner as if he had signed it,[5] unless the
+congress, by their adjournment, prevent its return, in which case it shall
+not be a law.[6] [1] Or the Senate and House of Representatives, since any
+bills except those for raising revenue may originate in either house.
+
+[2] The two great purposes of giving the president a negative upon
+legislative acts, are to protect the proper authority of the executive
+from the encroachments of the congress, and to interpose a stay on hasty
+legislation.
+
+[3] The veto of the Roman Tribune was final, as is that of almost every
+European sovereign today. _But no British king or queen has vetoed an act
+of Parliament in the last hundred and eighty years._ In Norway, if a bill,
+vetoed by the king, passes three successive Storthings, it becomes a law.
+
+[4] To secure a permanent record for future reference. This helps to
+render members careful how they vote.
+
+[5] This gives due time for consideration, but prevents the president's
+killing a bill by ignoring or neglecting it.
+
+[6] Thus congress (which has the very human failing of "putting off" or
+postponing) cannot break down the veto power of the president, by pouring
+an avalanche of bills upon him within the last few days of the session.
+
+But the president can easily kill any bill which he does not like, if it
+is presented within ten days of the adjournment of congress, simply by
+keeping it. This is called "pocketing" a bill, or "the pocket veto."
+
+_Clause 3.--Joint Resolutions._
+
+_Every order, resolution, or vote to which the concurrence of the Senate
+and House of Representatives may be necessary (except on a question of
+adjournment), shall be presented to the president of the United States;
+and before the same shall take effect, shall be approved by him, or, being
+disapproved by him, shall be repassed by two-thirds of the Senate and
+House of Representatives, according to the rules and limitations
+prescribed in the case of a bill._
+
+The purpose of this provision is to prevent congress from passing a law
+under some other name.
+
+The resolution to adjourn is excepted, because, as we have seen, the time
+for adjournment is generally a matter of agreement between the houses.
+
+A resolution passed by the two houses, but not intended to have the force
+of law, such as an agreement to do something, is called a concurrent
+resolution, and does not require the president's signature.
+
+
+_Pertinent Questions._
+
+What is a "bill?" What is meant by entering the objections "at large?" Why
+is there no committee of ways and means in the Senate?
+
+How many members in each house does it take for the first passage of a
+bill? How many after the president's veto? Does the expression two-thirds
+refer to the entire number in a house, or to the number voting?
+
+State three ways in which a bill may become a law. Five ways in which it
+may fail.
+
+During what time has the president the equivalent of an absolute veto?
+
+Does a resolution merely expressing an _opinion_ of either or both houses
+need the president's signature? Does a resolution proposing an amendment
+to the constitution?
+
+Is the president bound to enforce a law passed over his veto?
+
+
+_A Summary._
+
+"We have now completed the review of the structure and organization of the
+legislative department; and it has been shown that it is admirably adapted
+for a wholesome and upright exercise of the powers confided to it. All the
+checks which human ingenuity has been able to devise, or at least all
+which, with reference to our habits, our institutions, and our diversities
+of local interests, to give perfect operation to the machinery, to adjust
+its movements, to prevent its eccentricities, and to balance its forces:
+all these have been introduced, with singular skill, ingenuity and wisdom,
+into the arrangements. Yet, after all, the fabric may fall; for the work
+of man is perishable. Nay, it must fall, if there be not that vital spirit
+in the people, which alone can nourish, sustain and direct all its
+movements. If ever the day shall arrive, in which the best talents and the
+best virtues, shall be driven from office by intrigue or corruption, by
+the denunciations of the press or by the persecution of party factions,
+legislation will cease to be national. It will be wise by accident, and
+bad by system." [Footnote: Story's Exposition of the Constitution of the
+United States.]
+
+
+_Review._
+
+Compare the organization of congress under the constitution with that of
+congress under the confederation. Show the superiority of our present
+organization. Specify some of the "checks" referred to by Judge Story.
+
+Read Woodrow Wilson's Congressional Government, pp. 40, 41, 52, 219, 228,
+283-5, 311. Also, Among the Lawmakers, Chapter 33.
+
+
+
+
+CHAPTER XXII.
+
+SECTION VIII.--POWERS VESTED IN CONGRESS.
+
+
+_Clause 1.--Taxation._
+
+_Congress shall have power:_
+
+_To lay and collect taxes[1], duties, imposts and excises, to pay the
+debts and provide for the common defense and general welfare of the United
+States;[2] but all duties, imposts and excises shall be uniform throughout
+the United States.[3]_
+
+For discussion of methods of taxation, see page 316.
+
+[1] The want of power in congress to impose taxes was, perhaps, the
+greatest defect of the articles of confederation; therefore in the
+constitution this was the first power granted to congress.
+
+[2] As usually interpreted, the phrase beginning, "to pay the debts," is
+intended to state the purposes for which taxes may be levied. But this
+limitation is merely theoretical, for taxes are levied before being
+expended.
+
+[3] This is to prevent legislation in favor of any state or section, as
+against other states or sections.
+
+_Clause 2.--Borrowing._
+
+_To borrow money on the credit of the United States._
+
+It should not be necessary, ordinarily, for congress to exercise this
+power. But in times of war the regular sources of income may not be
+sufficient, hence the necessity of this power to provide for extraordinary
+expenses. It is one of the prerogatives of sovereignty; it is
+indispensable to the existence of a nation.
+
+For more about national borrowing, see page 317.
+
+_Clause 3.--Regulation of Commerce._
+
+_To regulate commerce[1] with foreign nations, and among the several
+states,[2] and with the Indian tribes.[3]_
+
+[1] The power to regulate commerce implies the power to prescribe rules
+for traffic and navigation, and to do such things as are necessary to
+render them safe. It has been interpreted to cover, among other things,
+the imposition of duties, the designation of ports of entry, the removal
+of obstructions in bays and rivers, the establishment and maintenance of
+buoys and lighthouses, and legislation governing pilotage, salvage from
+wrecks, maritime insurance, and the privileges of American and foreign
+ships.
+
+[2] The power to regulate commerce with foreign nations should go hand in
+hand with that of regulating commerce among the states. This power had,
+under the confederation, been in the hands of the several states. Their
+jealousies and rivalries had led to retaliatory measures upon each other.
+This condition of affairs was encouraged by other nations, because they
+profited by it. At the time of the adoption of the constitution, business
+was terribly depressed, and the bitterness of feeling among the states
+would probably soon have disrupted the Union. Therefore, "to insure
+domestic tranquility," and "to promote the general welfare," the power to
+regulate commerce was delegated to the general government.
+
+[3] This control is exercised even when the Indians live within the
+boundaries of a state.
+
+By placing the power to regulate commerce with Indians in the hands of the
+general government it was hoped that uniformity of regulations and the
+strength of the government would secure peace and safety to the frontier
+states.
+
+_Clause 4.--Naturalization and Bankruptcy._
+
+_To establish a uniform rule of naturalization[1] and uniform laws on the
+subject of bankruptcies[2] throughout the United States._
+
+[1] Naturalization is the process by which an alien becomes a citizen. The
+mode is given on page 319.
+
+[2] A bankrupt is one who has been declared by a court to be owing more
+than he can pay.
+
+The purposes of a bankrupt law are:
+
+1. To secure an equitable distribution of all the debtor's property among
+the creditors.
+
+2. To secure to the debtor a complete discharge from the indebtedness.
+
+_Clause 5.--Coinage and Measures._
+
+_To coin money,[1] regulate the value thereof[2] and of foreign coin,[3]
+and fix the standard of weights and measures.[4]_
+
+[1] This is another "sovereign power," and cannot be exercised by states,
+counties or cities. Coinage by the United States secures uniformity in
+value, and thereby facilitates business.
+
+To "coin money" is simply to stamp upon a precious metal the value of the
+given piece. [Footnote: When metals were first used as money, they were
+weighed and their purity was determined by testing. This invited fraud.]
+For convenience in business transactions, these are coined of certain
+sizes. To discourage the mutilation of coins for sinister purposes, they
+are "milled" on the edges, and the stamp covers each face so that the
+metal could hardly be cut off without the coin showing defacement.
+
+[2] The value is shown by the stamp.
+
+[3] Otherwise, foreign coin would become an article of commerce, and it
+would be more difficult to regulate the value of domestic coin.
+
+[4] This power congress has never exercised. But see Johnson's Cyclopedia,
+article Gallon.
+
+_Clause 6.--Punishment of Counterfeiting._
+
+_To provide for the punishment of counterfeiting the securities and
+current coin of the United States._
+
+This is "an indispensable appendage" of the power granted in the preceding
+clause, that of coining money.
+
+To discourage counterfeiting, the "securities" are engraved with rare
+skill and upon peculiar paper. The penalties for counterfeiting are
+printed on the back of some of the "greenbacks."
+
+Under "securities" are included bonds, coupons, national currency,
+"greenbacks," revenue and postage stamps, and all other representatives of
+value issued under any act of congress.
+
+_Clause 7.--Postoffices._
+
+_To establish postoffices[1] and post roads.[2]_
+
+[1] The beneficence and usefulness of the postoffice every one can
+appreciate; it ministers to the comfort of all, rich and poor.
+
+Placing the management of the postoffices with the general government
+secures greater efficiency and economy than would be possible if it were
+vested in the states.
+
+[2] Congress generally uses roads already in existence. These are
+regularly selected, however, and declared to be post roads before they are
+used as such. The "road" may be a waterway.
+
+But under authority of this clause congress has established some post
+roads. The principal highway thus established was the Cumberland road from
+the Potomac to the Ohio. The Union Pacific and Central Pacific railways
+were built under the authority and with the assistance of the United
+States as post and military roads.
+
+_Clause 8.--Copyrights and Patents._
+
+_To promote the progress of science and useful arts, by securing, for
+limited times, to authors and inventors, the exclusive right to their
+respective writings and discoveries._
+
+No one denies that an author or inventor is entitled to a fair reward for
+what he has done. But if every one were at liberty to print the book or to
+make the article invented, the due reward might not be received.
+
+The wisdom of granting this power to the general government becomes
+apparent when we consider how poorly the end might be secured if the
+matter were left to the states. A person might secure a patent in one
+state and be entirely unprotected in the rest.
+
+For further information upon this subject, see pages 318-19.
+
+_Clause 9.--United States Courts._
+
+_To constitute tribunals inferior to the Supreme Court._
+
+Under this provision, congress has thus far constituted the following:
+
+1. United States Circuit Courts of Appeal, one in each of the nine
+judicial circuits of the United States.
+
+2. United States Circuit Courts, holding at least one session annually in
+each state.
+
+3. United States District Courts, from one to three in each state. See
+pages 307-9.
+
+4. A United States Court of Claims, to hear claims against the government.
+Such claims were formerly examined by congress.
+
+Although not strictly United States Courts, the following may also be
+mentioned here, because they were established under authority of this
+clause:
+
+1. The Supreme Court of the District of Columbia.
+
+2. A Supreme Court and District Courts in each territory.
+
+"Constituting" these courts involves establishing them, designating the
+number, appointment, and salaries of the judges, and the powers of each
+court. The term of United States judges is "during good behavior." This is
+fixed by the constitution (Art. III., section 1). The term of a
+territorial judge is four years.
+
+_Clause 10.--Crimes at Sea._
+
+_To define and punish piracies[1] and felonies[2] committed on the high
+seas[3] and offenses against the law of nations.[4]_
+
+[1] Piracy is robbery at sea, performed not by an individual but by a
+ship's crew. Pirates are outlaws, and may be put to death by any nation
+capturing them.
+
+[2] A felony is any crime punishable by death or state prison. Felony
+covers murder, arson, larceny, burglary, etc. But congress may define
+piracy and felony to cover more or fewer crimes.
+
+[3] The "high seas" are the waters of the ocean beyond low water mark. Low
+water mark is the limit of jurisdiction of a state, but the jurisdiction
+of the United States extends three miles further into the ocean, and
+includes all bays and gulfs.
+
+Beyond the three-mile limit, the ocean is "common ground," belonging not
+to one nation but to all. Each nation has jurisdiction, however, over its
+merchant ships on the high seas, but not in a foreign port, and over its
+war ships everywhere.
+
+[4] For an outline of the Law of Nations, see page 346.
+
+Cases arising under this clause have been placed in the jurisdiction of
+the United States District Courts.
+
+_Clause 11.--Declaration of War._
+
+_To declare war,[1] grant letters of marque and reprisal[2] and make rules
+concerning captures on land and water.[3]_
+
+[1]: A declaration of war is a solemn notice to the world that hostilities
+actually exist or are about to commence.
+
+The power to declare war is one of the attributes of sovereignty. If this
+power were in the hands of the several states, any one of them could at
+any time involve the whole country in the calamities of war, against the
+wishes of all the other states. With all their fear of the general
+government, shown in the character of the articles of confederation, the
+people in framing that instrument saw the necessity of vesting this power
+in the general government.
+
+In monarchies, the power to declare war is generally vested in the
+executive. But in a republic, it would be dangerous to the interests and
+even the liberties of the people, to entrust this power to the president.
+
+To put the thought in other words, the power to declare war belongs to the
+sovereign: in this country, the people are sovereign, therefore the power
+to declare war belongs to the people, and they act through their
+representative body, congress. (See pages 351-4.)
+
+[2] These are commissions granted to private persons usually in time of
+war, authorizing the bearer to pass beyond the boundaries of his own
+country for the purpose of seizing the property of an enemy.
+
+Sometimes such a letter is granted in times of peace, "to redress a
+grievance to a private citizen, which the offending nation refuses to
+redress." By authority of such a commission, the injured individual may
+seize property to the value of his injury from the subjects of the nation
+so refusing. But this practice is properly becoming rare.
+
+[3] Vessels acting under letters of marque and reprisal are called
+_privateers_, and the captured vessels are called _prizes_.
+
+Prizes are usually sold under authority of the United States District
+Court, and the proceeds divided among the crew of the ship making the
+capture.
+
+The proceeds of captures on land belong to the government.
+
+_Clause 12.--Maintenance of Armies._
+
+To raise and support armies;[1] but no appropriation of money to that use
+shall be for a longer term than two years.[2]_
+
+[1] This is another sovereign power, and would seem the necessary
+accompaniment of the power to declare war. Under the confederation,
+however, congress could only designate the quota of men which each state
+ought to raise, and the actual enlistment of men was done by the several
+states. Their experience in carrying on the Revolutionary War on that
+basis satisfied them that efficiency and economy would both be secured by
+vesting this power in the general government.
+
+[2] But to prevent misuse of the power, this proviso was inserted. As
+representatives are elected every two years, the people can promptly check
+any attempt to maintain an unnecessarily large army in times of peace.
+
+A standing army is dangerous to liberty, because it is commanded by the
+executive, to whom it yields unquestioning obedience. Armies obey
+_commands_, while citizens comply with _laws_. And thus a large standing
+army creates a _caste_, out of sympathy with the lives of citizens. More
+than one republic has been overthrown by a successful military leader,
+supported by a devoted army.
+
+As a matter of fact, congress makes the appropriation annually.
+
+_Clause 13.--The Navy._
+
+_To provide and maintain a navy._
+
+The navy is necessary to protect fisheries and commerce. And in times of
+war the navy is needed to protect our sea coast, to transport soldiers, to
+cripple the enemy's resources, and to render blockades effectual.
+
+It will be noticed that there is no limitation upon appropriations for the
+navy. This is for two general reasons: First, there is nothing to fear
+from a navy. "No nation was ever deprived of its liberty by its navy."
+Second, it takes time to provide a navy, and it should therefore be kept
+at all times in a state of efficiency.
+
+For further information about the army and navy, see page 309.
+
+_Clause 14.--Army and Navy Regulations._
+
+_To make rules for the government and regulation of the land and naval
+forces._
+
+This is an incident to the preceding powers.
+
+The army and navy regulations prescribe duties of officers, soldiers and
+seamen, and provide for the organization and management of courts martial.
+Disobedience to orders and insubordination are crimes in a soldier or
+sailor; and refusal to pay just debts or any other conduct "unbecoming to
+a gentleman," are punishable offenses in an officer. Thus it is seen that
+military law takes cognizance of offenses not usually noticed by civil
+law.
+
+_Clause 15.--The Militia._
+
+_To provide for calling forth the militia[1] to execute the laws of the
+Union, suppress insurrections and repel invasions.[2]_
+
+[1] Congress has declared the militia to be "all citizens and those who
+have declared their intention to become such, between the ages of eighteen
+and forty-five." These constitute what is called the unorganized militia.
+The military companies and regiments formed by authority of United States
+and state laws constitute the organized militia.
+
+One of two policies we must pursue, either to maintain a large standing
+army or to depend upon the citizen-soldiers to meet emergencies. For
+several reasons, we prefer the latter. That our citizen-soldier may be
+depended upon has been demonstrated on many a battlefield.
+
+[2] The clause specifies the purposes for which the militia may be called
+out. These are three in number. Each state may for similar purposes call
+forth its own militia.
+
+Under the laws of congress, the president is authorized in certain
+emergencies to issue the call. This he directs to the governors of states,
+and those called on are bound to furnish the troops required.
+
+On three occasions only have the militia been called out under this clause:
+In the Whisky Rebellion of 1794, to enforce the laws; in the war of 1812,
+to repel invasion; and in the Civil War, to suppress insurrection.
+
+_Clause 16.--Organization of the Militia._
+
+_To provide for organizing, arming, and disciplining the militia, and for
+governing such part of them as may be employed in the service of the
+United States,[1] reserving to the states respectively, the appointment of
+the officers, and the authority of training the militia according to the
+discipline prescribed by congress.[2]_
+
+[1] Thus only can the uniformity so essential to efficiency be secured.
+
+[2] This is designed as a proper recognition of the right of each state to
+have militia companies and to control them, subject only to the necessary
+limitation mentioned.
+
+The militia of a state consists of one or more regiments, with the proper
+regimental and company officers appointed by state authority. When these
+are mustered into the service of the United States and are formed into
+brigades and divisions, the appointment of the general officers is vested
+in the president.
+
+_Clause 17.--Exclusive Legislation._
+
+_To exercise exclusive legislation in all cases whatsoever, over such
+district (not exceeding ten miles square) as may, by the cession of
+particular states, and the acceptance of congress, become the seat of
+government of the United States,[1] and to exercise like authority over
+all places purchased by the consent of the legislature of the state in
+which the same shall be, for the erection of forts, magazines, arsenals,
+dock yards, and other needful buildings.[2]_
+
+[1] This refers to the territory afterwards selected, and now known as the
+District of Columbia.
+
+The purpose of this provision is to free the general government from
+having to depend upon the protection of any state, and to enable it to
+secure the public buildings and archives from injury and itself from
+insult. [Footnote: The Continental Congress, while the capital was at
+Philadelphia, had to adjourn to Princeton to escape the violence of some
+dissatisfied soldiers. See Fiske's Critical Period of American History,
+page 112.]
+
+Congress governed the District of Columbia directly until 1871, when for
+three years the experiment was tried of governing it as a territory. The
+territorial government in that time ran in debt over $20,000,000 for
+"public improvements," and congress abolished it.
+
+The supervision of the district is now in the hands of three
+commissioners, appointed by the president, but controlled by congressional
+legislation.
+
+[2] The propriety of the general government having exclusive authority
+over such places is too obvious to need comment. Crimes committed there
+are tried in the United States District Courts, but according to the laws
+of the state or territory.
+
+The state in making the cession usually reserves the right to serve civil
+and criminal writs upon persons found within the ceded territory, in order
+that such places may not become asylums for fugitives from justice.
+
+_Clause 18.--Implied Powers._
+
+_To make all laws which shall be necessary and proper for carrying into
+execution the foregoing powers, and all other powers vested by this
+constitution in the government of the United States, or in any department
+or officer thereof._
+
+This clause does not grant any new power. "It is merely a declaration, to
+remove all uncertainty, that every power is to be so interpreted, as to
+include suitable means to carry it into execution." [Footnote: Story.]
+
+It will be noticed that the powers of congress are enumerated, not
+defined, in the constitution; and the above clause has given rise to the
+doctrine of "implied powers," the basis of many political controversies.
+
+Following are samples of "implied powers:"
+
+By clause 2, congress has power "to borrow money on the credit of the
+United States." Implied in this, is the power to issue securities or
+evidences of debt, such as treasury notes. "To increase the credit of the
+United States, congress may make such evidences of debt a legal tender for
+debts, public and private." [Footnote: Lalor's Cylopedia of Political
+Science.]
+
+Congress has power (clause 11) "to declare war." By implication it has
+power to prosecute the war "by all the legitimate methods known to
+international law." To that end, it may confiscate the property of public
+enemies, foreign or domestic; it may confiscate, therefore, their slaves.
+(See Emancipation Proclamation, page 362. For a hint of what congress
+_might_ do, see Among the Lawmakers, p. 296.)
+
+
+_Pertinent Questions._
+
+1. In what two ways may the first part of the first clause be interpreted?
+In what ways does the government levy taxes? How much of the money paid to
+the local treasurer goes to the United States? Have you ever paid a U.S.
+tax? Did you ever buy a pound of nails? Do you remember the "stamps" that
+used to be on match boxes? How came they there? Was that a direct or an
+indirect tax? A man who pays for a glass of beer or whisky pays a U.S.
+tax. How? Every time a person buys a cigar he pays a U.S. tax. If there be
+a cigar factory within reach, talk with the proprietor about this matter.
+Look at a cigar box and a beer keg to find some evidence of the tax paid.
+Name some things which were taxed a few years ago but are not now. What is
+a custom house? A port of entry? What are they for? Name the port of entry
+nearest to you. What is the present income of the United States from all
+kinds of taxation? What is done with the money? Look up the derivation of
+the word _tariff_.
+
+2. _How_ does the government "borrow?" Does the government owe you any
+money? If you have a "greenback," read its face. If the government is
+unable or unwilling to pay a creditor, what can he do? What is the
+"credit" of the United States? How much does the United States government
+owe, and in what form is the debt? How came it to be so large? Is the
+government paying it up? How much has been paid this fiscal year? What
+rate of interest has the government to pay? What is the current rate for
+private borrowers? How is it that the government can borrow at so low a
+rate? What is a "bond-call," and how is it made?
+
+3. Has congress power to _prohibit_ commerce with one or more foreign
+nations? Has it power to regulate commerce carried on wholly within a
+state? Can you buy lands from the Indians? Can the state? Has congress
+imposed a tariff to be paid in going from one state to another? What has
+requiring the engineer of a steamboat to secure a government license to do
+with "regulating commerce?" When did congress under this clause prohibit
+American merchant ships from leaving port? Under what provision of the
+constitution does congress impose restrictions upon the railroads? Does
+congress exercise any control over railroads lying wholly within one
+state? Why?
+
+4. How can an alien become naturalized? Who are citizens of the United
+States? (See Amend. XIV.) Is a child of American parents, born during a
+temporary absence from this country, a citizen or an alien? An alien
+living in this country has children born here; are they citizens or
+aliens? A child is born on the ocean, while its parents are on the way
+here to found a new home and intending to become citizens; what is the
+status of the child? Are you a citizen? How may female aliens become
+citizens? Why should they desire to do so? How did citizens of Texas at
+the time of its admission become citizens of the United States?
+
+What is an insolvent law? Has this state such a law? Can this state pass a
+bankrupt law? Can any state? Why? Is there any United States bankrupt law?
+Has congress ever passed such a law?
+
+5. What is money? Is a bank bill money? Read one and see whether it
+pretends to be. What gold coins have you ever seen? What others have you
+heard of? What silver coins have you ever seen? What others have you heard
+of? What other coins have you seen or heard of? How are coins made? Where
+is the United States mint located? Where are the branch mints? How much
+value does the stamp of the government add to a piece of gold? Is there a
+dollar's worth of silver in a silver dollar? Why? (See Jevons' Money and
+the Mechanism of Exchange.)
+
+How are national banks organized? (See appendix.) Under what
+constitutional provision does congress exercise this power? Are any banks
+organized under state authority? What is meant by "legal tender?"
+
+Are foreign coins "legal tender" at the rate fixed by congress? For the
+value of the principal foreign coins, see appendix. Can congress punish
+counterfeiting of these coins?
+
+Is there a standard pound in this state? A standard bushel?
+
+6. Look on the back of a greenback for the law about counterfeiting. Is
+there any law against _passing_ counterfeits?
+
+7. When was our postoffice department established? Who was placed at the
+head of it? Who is the postmaster general? What is meant by "presidential
+offices" in speaking of postoffices? What are the present rates of postage
+in the United States? How much does it cost to send a letter to England?
+To Prussia? To Australia? When were postage stamps introduced? Stamped
+envelopes? Postal cards? In what four ways may money be sent by mail?
+Explain the workings and advantages of each method. What is the dead
+letter office?
+
+What is meant by the franking privilege? Find the rates of postage in the
+United States, in 1795, 1815, 1845, 1850, 1860. Does the power to
+establish post roads, authorize congress to make internal improvements?
+What is meant by "star route?"
+
+8. Is this book copyrighted? Name some book that is not copyrighted. What
+things besides books are copyrighted? Can a copyright be sold? How is a
+copyright secured? How long do copyrights continue in force? How may they
+be renewed? Must new editions be copyrighted?
+
+What is a patent? How are "letters patent" secured? How may an inventor
+secure time to perfect his invention? How can a patent be sold? May a
+person, not the patentee, make a patented article for his own use? Name
+ten important patented inventions. What is the purpose of the government
+in granting patents? Is this always secured? How does the expiration of a
+patent affect the price of an invention? If a person invents an article
+which proves helpful to millions of people, is it unfair that he should
+make a fortune out of it?
+
+9. By what authority does congress organize courts in the territories?
+Could congress establish more than _one_ Supreme Court? Name the United
+States District Judge for this state. The United States Attorney. The
+United States Marshal. If you had a claim against the United States how
+would you get your money?
+
+10. Who may punish a pirate? Can a pirate claim the protection of the
+American flag?
+
+11. Has the United States ever formally declared war? May war begin
+without a formal declaration? Does the president act with congress in
+declaring war, as in case of a law?
+
+What protection is afforded by letters of marque and reprisal? Name some
+well known privateers. Tell about the "Alabama Claims," and their
+settlement. Upon what principle of international law did the decision
+hinge? See page 353.
+
+12. With what other power is that of _raising an army_ intimately
+connected? That of maintaining an army? How large is the United States
+army at the present time? Give arguments in favor of the _militia_ system,
+as against that of a large standing army. What circumstances favor us in
+adopting the militia system? What country in Europe is most like us in
+this respect? Why is this possible in that country? Where are most of the
+officers of the U.S. army educated? How are appointments to the
+institution made? By what authority has congress established it? What is a
+military "draft?"
+
+Who has charge of this department of the government? Name the four highest
+officers in the U. S. army. For the organization of the army, see page
+309.
+
+13. Name the present secretary of the navy; the two highest naval
+officers. Where are most of the naval officers educated? How does the navy
+of the United States compare with the navies of other great powers? Why?
+For organization of navy, see appendix.
+
+14. What is the difference between military law and martial law? How are
+these "rules" made known? What is the source of authority in a military
+court? In a civil court? Is there any liability of a conflict of
+jurisdiction between these courts? When was flogging abolished in the
+army? In the navy? What punishments are inflicted by courts martial?
+
+15. Distinguish between the militia and the regular army. Between militia
+and "volunteers."
+
+16. How many regiments of organized militia in this state? Name the
+principal regimental officers. By whose authority were these appointed? Is
+there any "company" near you? Have you seen them drilling? Who prescribed
+the "tactics?"
+
+17. Over what portions of this state has congress this "exclusive
+jurisdiction?" Give a brief sketch of the District of Columbia. When and
+by whom was slavery abolished therein?
+
+18. Why should this be spoken of as "the sweeping clause?"
+
+
+_Debate._
+
+Resolved, That free trade should be the ultimate policy for any country.
+
+
+_References._
+
+PROTECTION.--Articles in Cyclopedias; Casey's Social Science, McKean's
+Abridgment; Greeley's Political Economy; Byle's Sophisms of Free Trade;
+Elder's Questions of the Day; Bowen's Political Economy.
+
+FREE TRADE.--Articles in Cyclopedias; Grosvenor's Does Protection Protect?
+Sumner's History of Protection in U.S.; Fawcett's Free Trade and
+Protection; David A. Wells' Essays; Pamphlets published by the Free Trade
+Club, N.Y.
+
+A very fair statement of both views may be found in Macvane's Political
+Economy.
+
+
+SECTION IX.--PROHIBITIONS ON CONGRESS.
+
+_Clause 1.--The Slave Trade._
+
+_The migration or importation of such persons[1] as any of the states now
+existing shall think proper to admit, shall not be prohibited by congress
+prior to the year one thousand eight hundred and eight, but a tax or duty
+may he imposed on such importation,[2] not exceeding ten dollars for each
+person.[1]_
+
+[1] The framers of the constitution disliked to tarnish the instrument by
+using the word slave, and adopted this euphemism.
+
+At that time there was a general desire, not ripened into a purpose
+however, that slavery might soon cease to exist in the United States.
+
+This clause, which permitted the continuance for a time of the slave
+_trade_, was a concession to North Carolina, South Carolina and Georgia.
+The other states had already prohibited the slave trade, and it was hoped
+by all that before the time specified the abolition of slavery would be
+gradually accomplished.
+
+[2] No such tax was imposed.
+
+This provision is now obsolete, and is of interest only historically. (For
+further discussion of slavery, see page 343.)
+
+_Clause 2.--The Writ of Habeas Corpus._
+
+_The privileges of the writ of habeas corpus shall not be suspended,
+unless when in cases of rebellion or invasion the public safety may
+require it._
+
+"It has been judicially decided that the right to suspend the privilege of
+the writ rests in congress, but that congress may by act give the power to
+the president." [Footnote: Lalor's Cyclopedia of Political Economy]
+
+The privilege of the writ never was suspended by the general government
+until 1861. Questionable suspensions of the writ, covering a very limited
+territory, had been made in two or three instances by generals.
+
+So valuable as a "bulwark of liberty" is this writ considered to be, that
+the courts of the United States have decided that, even in time of war,
+the privilege of the writ can be suspended only in that part of the
+country actually invaded, or in such a state of war as to obstruct the
+action of the federal courts.
+
+_Clause 3.--Certain Laws Forbidden._
+
+_No bill of attainder[1] or ex post facto law[2] shall be passed._
+
+[1] A bill of attainder was a legislative conviction for alleged crime,
+with judgment of death. Those legislative convictions which imposed
+punishments less than that of death were called bills of pains and
+penalties. [Footnote: Cooley's Constitutional Limitations] The term is
+here used in its generic sense, so as to include bills of pains and
+penalties.
+
+The great objection to _bills_ of attainder is that they are purely
+_judicial_ acts performed by a _legislative_ body. A legislative body may
+and should try a _political_ offense, and render a verdict as to the
+worthiness of the accused to hold public office. But to try him when
+conviction would deprive him of any of his personal rights--life, liberty,
+or property,--should be the work of a duly organized _judicial_ body.
+
+This provision, then is directed not so much against the penalty (for
+limitations upon penalties are found elsewhere in the constitution,) as
+against the mode of trial. Or we may say that it is intended to prevent
+conviction _without_ a trial; for in previous times legislative bodies had
+frequently punished political enemies without even the form of a trial, or
+without giving them an opportunity to be heard in their own defense, by
+passing against them bills of attainder.
+
+[2] An _ex post facto_ law is, literally, one which acts back upon a deed
+previously performed. But as here intended, it means a law making _worse_
+such an act, either by declaring criminal that which was not so regarded
+in law when committed, or by increasing the penalty and applying it to the
+act previously performed.
+
+But a law may be passed making _better_, in a sense, some previous act.
+That is, an unforseen but imperative necessity may call for the doing of
+something which is not unlawful, but which needs, yet has not received,
+the sanction of law. This act may _afterwards_ be _legalized_ by the
+legislature.
+
+The things forbidden by this clause would, if permitted, render unsafe all
+those personal rights for the security of which the constitution was
+framed and the government founded.
+
+_Clause 4.--Direct Taxes_
+
+_No capitation or other direct tax shall be laid, unless in proportion to
+the census or enumeration hereinbefore directed to be taken._
+
+This clause emphasizes the first sentence of clause three, section two, of
+this article. It was _intended_ to prevent the taxation of the _two-fifths
+of the slaves_ not enumerated for representation, and was evidently
+inserted as a concession to the slave states. But the abolition of slavery
+takes from the clause all force except that mentioned at the beginning of
+this paragraph.
+
+No capitation tax (that is, so much _per head_) has ever been levied by
+the general government.
+
+_Clause 5.--Duties on Exports._
+
+_No tax or duty shall be laid on articles exported from any state._
+
+This was designed to prevent discrimination against any state or section.
+
+Though the question has never been judicially determined, it is generally
+understood that since anything exported must be exported from some state
+(or territory), this clause prohibits _all_ export duties.
+
+_Clause 6.--Commercial Restrictions._
+
+_No preference shall be given by any regulation of commerce or revenue to
+the ports of one state over those of another; nor shall vessels bound to
+or from one state, be obliged to enter, clear or pay duties in another._
+
+This provision has the same object in view as that which requires duties
+to be uniform--the impartial treatment of the several states. It shows,
+too, the fear felt by many that the general government _might_ show
+partiality.
+
+The latter part of the clause virtually establishes free trade among the
+states.
+
+_Clause 7.--Care of Public Funds._
+
+_No money shall be drawn from the treasury but in consequence of
+appropriations made by law; and a regular statement and account of the
+receipts and expenditures of all public money shall he published from time
+to time._
+
+There are two great purposes to be subserved by this provision: First, to
+impose upon those handling the money a feeling of responsibility, and thus
+to increase the probability of carefulness; second, to prevent the use of
+public funds for any purpose except those authorized by the
+representatives of the people. This is in harmony with the provision which
+gives to congress the power to raise money.
+
+Incidentally, too, this is a protector of our liberties. Those who have
+charge of the public purse are appointees of the president. But for this
+provision he might, as rulers in arbitrary governments do, use the public
+treasury to accomplish his own private purposes; and one of these purposes
+might be the overthrow of our liberties. This thought undoubtedly was a
+prominent one in the minds of the framers of the constitution.
+
+The account of receipts and expenditures is reported to congress annually
+by the secretary of the treasury.
+
+_Clause 8.--Titles of Nobility._
+
+No title of nobility shall be granted by the United States;[1] and no
+person holding an office of profit or trust under them, shall, without the
+consent of the congress, accept of any present, emolument, office, or
+title of any kind whatever, from any king, prince, or foreign state[2]_.
+
+[1] This is in harmony with the principle "All men are created equal."
+And, while in society there are classes and grades based upon learning,
+wealth, etc., we intend that all shall be equal before the law, that there
+shall be no "privileged classes."
+
+[2] The purpose of this is evident--to free public officers from
+blandishments, which are many times the precursors of temptations to
+treason.
+
+An amendment to the constitution was proposed in 1811, prohibiting any
+citizen from receiving any kind of office or present from a foreign power,
+but it was not ratified.
+
+
+SECTION X.--PROHIBITIONS ON THE STATES.
+
+_Clause 1.--Unconditional Prohibitions._
+
+_No state shall enter into any treaty, alliance, or confederation;[1]
+grant letters of marque and reprisal;[2] coin money;[3] emit bills of
+credit;[4] make anything but gold and silver coin a tender in payment of
+debts;[5] pass any bill of attainder,[6] ex post facto law,[6] or law
+impairing the obligation of contracts,[7] or grant any title of
+nobility.[6]_
+
+[1] Otherwise the intrigues of foreign nations would soon break up the
+Union.
+
+[2] Had the states this power, it would be possible for any one of them to
+involve the whole country in war.
+
+[3] This provision secures the uniformity and reliability of our coinage.
+
+[4] A state may borrow money and may issue bonds for the purpose. But
+these bonds are not bills of credit, because they are not designed to
+circulate as money.
+
+The evils of state issuance of bills of credit we cannot appreciate, but
+the framers of the constitution had experienced them, and based this
+provision on that bitter experience.
+
+[5] This has the same general purpose as the preceding.
+
+It will be observed that there is no such prohibition on the United
+States, and the implied power to emit bills of credit and to make things
+other than gold and silver legal tender, has been exercised.
+
+[6] Forbidden to the states for the same reason that they are forbidden to
+the United States.
+
+[7] The purpose is to preserve the legal obligation of contracts. "The
+spirit of the provision is this: A contract which is legally binding upon
+the parties at the time and place it is entered into by them, shall remain
+so, any law of the states to the contrary notwithstanding." [Footnote:
+Tiffany quoted by Andrews.]
+
+Under this provision many questions have arisen. One of them is this: May
+a state pass insolvent or bankrupt laws? It has been decided by the United
+States Supreme Court that a state may pass insolvent laws upon _future_
+contracts, but not upon _past_ contracts. But no state can pass a bankrupt
+law.
+
+_Clause 2.--Conditional Prohibitions._
+
+No state shall, without the consent of the congress,[1] lay any imposts or
+duties on imports or exports, except what may be absolutely necessary for
+executing its inspection laws;[2] and the net produce of all duties and
+imposts, laid by any state on imports or exports, shall be for the use of
+the treasury of the United States;[3] and all such laws shall be subject
+to the revision of the congress.[4] No state shall, without the consent of
+congress, lay any duty of tonnage,[5] keep troops or ships of war in time
+of peace,[6] enter into any agreement or compact with another state,[7] or
+with a foreign power,[7] or engage in war, unless actually invaded, or in
+such imminent danger as not to admit of delay.[8]_
+
+[1] By implication, congress may give the states permission to do the
+things enumerated in this paragraph. But it never has.
+
+[2] The inspection laws are designed to secure to consumers quality and
+quantity in commodities purchased. Thus, in some states there is a dairy
+commissioner whose duty it is to see that no substance is offered for sale
+as butter which is not butter. And officers may be appointed to inspect
+the weights and measures in stores. Such officers may be provided for
+without the consent of congress. But no fees can be charged for this
+service more than are necessary to pay the officers. In other words, the
+offices cannot be made a source of revenue to the state.
+
+[3] This is to free the states from any temptation to use the power which
+might be conferred under this clause for their own gain, to the detriment
+of a sister state.
+
+[4] This secures to congress the control of the matter.
+
+[5] That is, a tax upon the carrying power of a ship. This is in harmony
+with the provision which forbids the states to levy duties on imports.
+
+[6] This prohibits the keeping of a standing army, but each state may have
+its organized militia.
+
+[7] In the preceding clause, the states are forbidden to enter into
+treaties, etc.,--that is, into _political_ compacts; and the prohibition
+is absolute. Here they are prohibited from entering into _business_
+compacts, unless permitted by congress.
+
+[8] For a state to engage in war would be to embroil the country in war.
+But the militia might be sent to repel invasion. They would, however, be
+defending not the state simply, but also the United States.
+
+"We have thus passed through the positive prohibitions introduced upon the
+powers of the states. It will be observed that they divide themselves into
+two classes: those which are political in their character, as an exercise
+of sovereignty, and those which more especially regard the private rights
+of individuals. In the latter the prohibition is absolute and universal.
+In the former it is sometimes absolute and sometimes subjected to the
+consent of congress. It will at once be perceived how full of difficulty
+and delicacy the task was, to reconcile the jealous tenacity of the states
+over their own sovereignty, with the permanent security of the national
+government, and the inviolability of private rights. The task has been
+accomplished with eminent success." [Footnote: Story.]
+
+
+_Pertinent Questions._
+
+When was slavery introduced into the United States? Give an account of the
+steps taken to abolish it.
+
+What is the use of the writ of habeas corpus? If a sane person were
+confined in an asylum, how could he be got out? Could a person who had
+taken religious vows imposing seclusion from the world, be released by
+means of this writ? Show the necessity of power to suspend the writ in
+cases of rebellion or invasion.
+
+Could the thing forbidden in a _bill_ of attainder be done by a court?
+Give an example of an _ex post facto_ law.
+
+What is meant by "entering" and "clearing" a port?
+
+How could the president get hold of any United States money other than
+that received in payment of his salary?
+
+Could you receive a present from a foreign government? Name any American
+who has received a title or a present from a foreign government. Must a
+titled foreigner renounce his title on becoming an American citizen?
+
+What are "greenbacks?" Did you ever see a state "greenback?" When do you
+expect to see one?
+
+What is a contract? Could a legislature pass a law doing away with
+imprisonment for debt? What argument did Daniel Webster make in the famous
+Dartmouth College Case?
+
+Name the various state inspectors in this state. How are they paid? May a
+state impose taxes to defray its own expenses? What prohibitions apply to
+both the general and the state governments. Arrange all the prohibitions
+in tabular form, classifying as indicated by Judge Story in the paragraph
+quoted.
+
+
+
+
+CHAPTER XXIII.
+
+ARTICLE II.--THE EXECUTIVE BRANCH.
+
+
+It seems to us a matter of course that after the laws are made there
+should be some person or persons whose duty it should be to carry them
+into execution. But it will be remembered that under the confederation
+there was no executive department. The colonists had suffered from kingly
+rule, and in forming their first government after independence, they
+naturally avoided anything having the appearance of kingliness. After
+trying their experiment for some years, however, their "sober second
+sense" told them that the executive branch is a necessity, and when the
+convention assembled to "revise the articles of confederation" (as they at
+first intended to do) one of the things upon which there was practical
+unanimity of opinion was the necessity of having the government organized
+into three branches, or, as they are sometimes called, departments.
+
+The question in regard to the executive branch was how to organize it, so
+as to secure two chief qualities; namely, energy of execution and safety
+to the people. The former was fully appreciated, for the weakness of
+execution during the confederation period, or the lack of execution, had
+impressed upon all thinking persons the necessity of more vigor in
+carrying out the laws. The experience during colonial days emphasized the
+necessity of surrounding the office with proper safeguards. And among
+those intrusted with the organization of a scheme of government, were many
+who were well versed in history--men who knew that the executive branch is
+the one in which lies the menace to human liberty. Under these two main
+divisions of the problem, arose such questions as: How many persons shall
+constitute the executive? What shall the term be? How shall the executive
+be chosen? What powers, other than those which are purely executive, shall
+be vested in this branch? How shall this branch be held responsible,
+without crippling its efficiency?
+
+How well the problem was solved, we shall find out in our study of the
+provisions of the constitution pertaining to this branch.
+
+
+SECTION I.--ELECTION AND SERVICE.
+
+_Clause 1.--Vestment of Power._
+
+_The executive power shall be vested in a president of the United States
+of America.[1] He shall hold his office during the term of four years,[2]
+and together with the vice-president,[3] chosen for the same term, shall
+be elected as follows:_
+
+[1] This sentence answers the question, "How many persons shall constitute
+the executive?" and gives the official title thereof.
+
+The executive authority is vested in one person for two chief reasons: To
+secure energy in execution, and to impose upon the executive a sense of
+responsibility. If the executive power were vested in a number of persons,
+the differences and jealousies sure to arise, and the absence of
+responsibility, would result in a feeble administration, which is but
+another name for a bad administration.
+
+[2] The term first reported by the committee of the whole was seven years,
+with the provision forbidding re-election. Some of the delegates were in
+favor of annual elections, while others thought that the executive should
+be elected for life or good behavior. And other terms, varying from two to
+ten years, had their advocates. After much discussion, the term of four
+years was agreed upon as a compromise, and no limitation was put upon the
+number of terms for which a person might be elected.
+
+In another place it is made the duty of the president to recommended to
+congress such measures as he deems necessary for the good of the country.
+He should, therefore, have a term long enough to fairly test his "policy"
+and to stimulate him to personal firmness in the execution of his duties,
+yet not so long as to free him from a sense of responsibility. It was
+thought that a term of four years would cover both of the conditions
+mentioned.
+
+[3] The purpose of having a vice-president is to provide a successor for
+the president in case of his disability or death.
+
+
+CHOOSING THE PRESIDENT AND VICE-PRESIDENT.
+
+_Clause 2.--Number and Appointment of Electors._
+
+_Each state shall appoint, in such manner as the legislature thereof may
+direct, a number of electors equal to the whole number of senators and
+representatives to which the state may be entitled in the congress; but no
+senator or representative, or person holding an office of trust or profit
+under the United States, shall be appointed an elector._
+
+Three plans for the election of president and vice-president were proposed:
+First, election by congress; second, election by the people; third,
+election by persons chosen by the people for that special purpose.
+
+The objection to the first plan was, that it would rob the executive
+branch of that independence which in our plan of government it is designed
+to possess--it would render the executive branch in a measure subordinate
+to the legislative.
+
+The objections to the second plan came from two sources. Some of the
+delegates feared that, inexperienced as they were, the people could not be
+trusted to act wisely in the choice of a president--that they would be
+swayed by partizan feeling, instead of acting with cool deliberation. And
+the small states feared that in a popular election their power would count
+for little.
+
+Then the compromise in the organization of the congress was remembered,
+and it was resolved that the election of the president and vice-president
+should be placed in the hands of persons chosen for that special purpose,
+and that the number of the electors from each state should be that of its
+representation in congress. This satisfied both parties. Those who thought
+that the people could not be intrusted with so important a matter as the
+choice of the president, hoped that this mode would place the election in
+the hands of the wise men of the several states. And the delegates from
+the small states secured in this all the concession which they could
+fairly ask.
+
+This matter being settled, the next question was: How shall the electors
+be chosen? There being much difference of opinion on the subject, it was
+thought best to let each state choose its electors in the way which it
+might prefer.
+
+Naturally the modes of choosing electors varied. In some states the
+legislature chose them, but this mode soon became unpopular. [Footnote:
+South Carolina, however, retained this mode until very recently.] In some
+states they were chosen by the people on a general ticket, and in others,
+by the people by congressional districts. The last is the fairest way,
+because it most nearly represents the wishes of the people. By electing on
+a general ticket, the party which is in the majority in any state can
+elect _all_ of the electors. But, for this very reason, the majority in
+each state has finally arranged the matter so that this is now the
+practice in nearly all the states.
+
+The present system of nominations and pledged electors was undreamed of by
+the framers of the constitution. They intended that in the selection of
+the president each elector should be free to vote according to his own
+best judgment. But it has come to pass that the electors simply register a
+verdict already rendered. Briefly the history of the change is this:
+During the administration of Washington (who had been elected unanimously)
+differences of opinion on questions of policy gave rise to political
+parties. To secure the unity of action so essential to success, the
+leaders of the respective parties, by agreement among themselves,
+designated, as each election approached, persons whom they recommended for
+support by electors of their party. Gradually the recommendation came to
+be looked upon as binding. In 1828 the Anti-Masonic party, having no
+members of congress to act as leaders, held a "people's convention." Its
+nominees received a surprisingly large vote. The popularity of this mode
+of nomination thus appearing, the other parties gradually adopted it, and
+since 1840 it has remained a recognized part of our political machinery.
+
+_Clause 3.--Election of President and Vice-President._
+
+_The electors shall meet in their respective states, and vote by ballot
+for two persons, of whom one at least shall not be an inhabitant of the
+same state with themselves. And they shall make a list of all the persons
+voted for, and the number of votes for each; which list they shall sign
+and certify, and transmit, sealed, to the seat of the government of the
+United States, directed to the president of the senate. The president of
+the senate shall, in the presence of the senate and house of
+representatives, open all the certificates, and the votes shall then be
+counted. The person having the greatest number of votes shall be
+president, if such number be a majority of the whole number of electors
+appointed; and if there be more than one who have such a majority, and
+have an equal number of votes, then the house of representatives shall
+immediately choose by ballot one of them president, and if no person have
+a majority, then from the five highest on the list the said house shall in
+like manner choose the president. But in choosing the president, the vote
+shall be taken by states, the representation from each state having one
+vote; a quorum for this purpose shall consist of a member or members from
+two-thirds of the states, and a majority of all the states shall be
+necessary to a choice. In every case, after the choice of the president,
+the person having the greatest number of votes of the electors, shall be
+vice-president. But if there should remain two or more who have equal
+votes, the senate shall choose from them by ballot the vice-president._
+
+Under this provision Washington was elected president twice and Adams
+once. In the disputed election of 1800, it was found that this mode would
+not do. The faulty feature in the plan is found in the first sentence,
+which requires the electors to vote for two persons for president. In this
+election, Jefferson and Burr, candidates of the same party, received the
+same number of votes and each had a majority. The power to choose then
+devolved upon the house of representatives. There were at that time
+sixteen states, and consequently sixteen votes. Of these Jefferson
+received eight, Burr six, and the remaining two were "scattering." As it
+required nine votes to make a majority, no one was elected. The balloting
+was continued for seven days, thirty-six ballots being taken. On the
+thirty-sixth ballot Jefferson received ten votes to four for Burr.
+Jefferson thus became president and Burr vice-president. But the
+consequent bitterness of feeling was much regretted, and it was determined
+to change, slightly, the mode of election. The changes consisted in having
+the electors vote for one person for president and for a different person
+for vice-president; and when the election is thrown into the house of
+representatives, the selection is to be made from the _three_ highest
+instead of the _five_ highest as originally. The change was made by the
+twelfth amendment, passed in 1804, which is here given in full.
+
+_The Twelfth Amendment._
+
+_The electors shall meet in their respective states and vote by ballot for
+president and vice-president, one of whom, at least, shall not be an
+inhabitant of the same state with themselves; they shall name in their
+ballots the person voted for as president, and in distinct ballots the
+person voted for as vice-president, and they shall make distinct lists of
+all persons voted for as president, and of all persons voted for as
+vice-president, and of the number of votes for each; which lists they
+shall sign and certify, and transmit sealed to the seat of government of
+the United States, directed to the president of the senate. The president
+of the senate shall, in the presence of the senate and house of
+representatives, open all the certificates, and the votes shall then be
+counted; the person having the greatest number of votes for president
+shall be president, if such number be a majority of the whole number of
+electors appointed; and if no person have such majority, then from the
+persons having the highest numbers not exceeding three on the list of
+those voted for as president, the house of representatives shall choose
+immediately by ballot, the president. But in choosing the president, the
+votes shall be taken by states, the representation from each state having
+one vote; a quorum for this purpose shall consist of a member or members
+from two-thirds of the states, and a majority of all the states shall be
+necessary to a choice. And if the house of representatives shall not
+choose a president whenever the right of choice shall devolve upon them,
+before the fourth day of March, next following, then the vice-president
+shall act as president, as in the case of the death or other
+constitutional disability of the president._
+
+_The person having the greatest number of votes as vice-president, shall
+be the vice-president, if such number be a majority of the whole number of
+electors appointed, and if no person have a majority, then from the two
+highest numbers on the list the senate shall choose the vice-president; a
+quorum for the purpose shall consist of two-thirds of the whole number of
+senators, and a majority of the whole number shall be necessary to a
+choice. But no person constitutionally ineligible to office of president
+shall be eligible to that of vice-president of the United States._
+
+Thus we see that the president may be elected in one of two ways--by
+electors or by the house of representatives; and that the vice-president
+may also be elected in one of two ways--by electors or by the senate.
+
+The mode of choosing the president is regarded by many as difficult to
+remember. Perhaps making an outline like the following will aid the memory:
+
+
+_First Mode or Process._
+
+I. The electors, after they are chosen:
+   1. MEET in their respective states.
+   2. VOTE by ballot, for president and vice-president.
+   3. MAKE LISTS of the persons voted for and the number
+          of votes for each.
+   4. SIGN, CERTIFY and SEAL those lists.
+   5. TRANSMIT them to the seat of government, addressed
+          to the president of the senate.
+
+II. The president of the senate:
+   1. OPENS the certificates, in presence of both houses.
+   2. DECLARES THE RESULT, after the votes have been
+          counted.
+
+
+_Second Mode or Process._
+
+Points--            President--                Vice-President--
+Chosen by.......... House of Representatives   The Senate.
+From............... Three highest.             Two highest.
+Voting............. By ballot.                 By ballot.
+State power........ Each one vote.             Each two votes.
+Quorum............. Representatives from       Two-thirds of senators.
+                      two-thirds of the states.
+Necessary to choice Majority of states.         Majority of senators
+
+The place of meeting is usually the capital of the state.
+
+Three "lists" of the vote for president and three for vice-president are
+prepared, and "signed, certified and sealed." One pair of these lists is
+sent by mail and another by special messenger. The third is deposited with
+the judge of the United States District Court in whose district the
+electors meet, to be called for if necessary. The purpose of these
+precautions is to make sure that the vote of the state may not be lost,
+but shall without fail reach the president of the senate.
+
+_Clause 4.--Times of These Elections._
+
+_The congress may determine the time of choosing the electors,[1] and the
+day on which they shall give their votes;[2] which day shall be the same
+throughout the United States.[3]_
+
+[1] The day designated by congress is the first Tuesday after the first
+Monday in November. The election always comes in "leap year."
+
+[2] The electors meet and vote on the second Monday in January.
+
+[3] This provision was designed, first, to prevent fraud in voting; and
+second to leave each state free to act as it thought best in the matter of
+persons for the offices, unbiased by the probability of success or failure
+which would be shown if the elections occurred on different days in
+different states.
+
+It may be desirable to know in this connection that:
+
+The president of the senate sends for missing votes, if there be any, on
+the fourth Monday in January.
+
+The counting of votes is begun on the second Wednesday in February and
+continued until the count is finished. (See page 334.)
+
+In case the electors have not given any one a majority for the presidency,
+the house proceeds at once to elect. In a similar case the senate proceeds
+at once to choose a vice-president.
+
+The provisions of the continental congress for the first election were:
+
+1. Electors to be chosen, first Wednesday in January, 1789.
+
+2. Electors to vote, first Wednesday in February.
+
+3. The presidential term to commence first Wednesday in March. The first
+Wednesday in March in 1789 was the fourth day of the month, and on that
+day the presidential terms have continued to begin.
+
+_Clause 5.--Qualifications of President and Vice-President.
+
+No person except a natural born citizen,[1] or a citizen of the United
+States at the time of the adoption of this constitution,[2] shall be
+eligible to the office of president; neither shall any person be eligible
+to that office, who shall not have attained to the age of thirty-five
+years,[3] and been fourteen years a resident within the United States.[4]_
+
+[1] The importance of the office is such as, in the opinion of the framers
+of the constitution, to necessitate this requirement. And it does not seem
+unjust to make this limitation.
+
+[2] This exception was made from a sense of gratitude to many
+distinguished persons, who, though not native citizens, had placed their
+lives and fortunes at the service of this country during the revolution,
+and who had already become citizens of the young republic. This provision
+is now, of course, obsolete.
+
+[3] Age should bring wisdom. The age specified is great enough to permit
+the passions of youth to become moderated and the judgment matured. As a
+matter of fact, the youngest president yet elected was much older than
+this minimum. In monarchies the rulers are sometimes children. It cannot
+be so with us.
+
+[4] But a "natural born citizen," even, may live so long in a foreign
+country as to lose his interest in his native land. This provision is
+intended to preclude the election of such persons to the presidency. They
+might seek it at the instance of a foreign government, for sinister
+purposes.
+
+Will residence during _any_ fourteen years satisfy the requirement?
+Commentators generally have expressed an affirmative opinion, based upon
+the fact that James Buchanan and others were elected president on their
+return from diplomatic service abroad. It must be remembered, however,
+that a person sent abroad to represent this government _does not lose his
+residence in this country_. Therefore the fact of Mr. Buchanan being
+elected after acting as our minister to England, has no bearing upon the
+question. On the other hand, the evident purpose of the provision could
+hardly be satisfied if a boy, a native of this country, should live here
+until fourteen years of age and then spend the rest of his years in a
+foreign country. And when the matter is carefully considered, it will be
+seen that the only fourteen years which will secure that state of mind in
+the candidate which is sought by the provision, are the fourteen years
+_immediately preceding election_. Again, twenty-one and fourteen equal
+thirty-five. A person "comes of age" at twenty-one. The fourteen years of
+_manhood_ added would just make thirty-five years, the minimum age
+required. This coincidence could hardly have been accidental, and
+justifies the view expressed.
+
+According to the twelfth amendment, the qualifications of the
+vice-president are the same as those of the president.
+
+_Clause 6.--Vacancies._
+
+_In case of the removal of the president from office, or of his death,
+resignation or inability to discharge the powers and duties of the said
+office, the same shall devolve on the vice-president, and the congress may
+by law provide for the case of removal, death, resignation or inability,
+both of the president and vice-president, declaring what officer shall
+then act as president, and such officer shall act accordingly, until the
+disability be removed, or a president shall be elected._
+
+If no regular succession were established, there would be danger of
+anarchy.
+
+By an act passed March 1, 1792, congress provided that in case of the
+disability of both president and vice-president, the duties of the office
+of president should devolve upon the president _pro tempore_ of the senate;
+and in case of a vacancy in that office, that they should then devolve
+upon the speaker of the house of representatives.
+
+But when president Garfield died there was no president _pro tempore_ of
+the senate and no speaker of the house; so that when vice-president Arthur
+became president, there was no one to succeed him in case of his
+disability. It was then expected that congress would devise another plan
+of succession; but it did not. When vice-president Hendricks died, there
+was again no president _pro tempore_ of the senate or speaker of the
+house. This recurrence of the danger within four years prompted congress
+to provide an order of succession less liable to accident than the one so
+long in use. The succession was placed in the cabinet in the following
+order: Secretary of state, secretary of the treasury, secretary of war,
+attorney-general, postmaster-general, secretary of the navy, and secretary
+of the interior.
+
+When the vice-president or secretary becomes president, he serves for the
+remainder of the term.
+
+One very important item in this connection the constitution leaves
+unprovided for, namely, who shall determine when "disability," other than
+death, occurs or ceases? Certainly the decision should not be left to
+those interested in the succession. No official answer to this question
+has yet been given.
+
+_Clause 7.--President's Salary._
+
+_The president shall, at stated times, receive for his services a
+compensation[1] which shall be neither increased nor diminished during the
+period for which he shall have been elected,[2] and he shall not receive
+within that period any other emolument from the United States or any of
+them.[3]_
+
+[1] Otherwise a person of moderate means would be debarred from accepting
+the position, and the country might thereby be deprived of the services of
+some man of lofty character.
+
+[2] Thus congress can neither bribe nor drive the president into doing
+anything which he may regard as unwise or wrong. And on the other hand,
+the president has no temptation to try to "undermine the virtue" of
+congress for his own pecuniary benefit.
+
+[3] This provision has the same purpose in view as the last. "He is thus
+secured, in a great measure, against all sinister foreign influences. And
+he must be lost to all just sense of high duties of his station, if he
+does not conduct himself with an exclusive devotion to the good of the
+whole people, unmindful at once of the blandishments of courtiers, who
+seek to deceive him, and of partizans, who aim to govern him, and thus
+accomplish their own selfish purposes." [Footnote: Story]
+
+Till 1873 the salary of the president was $25,000 a year. It was then
+raised to $50,000 a year. He also has the use of the White House, which is
+furnished at national expense; and special appropriations are frequently
+made to cover special expenses. And yet few presidents have been able to
+save anything out of their salaries.
+
+The vice-president receives $8000 a year.
+
+_Clause 8.--Oath of Office._
+
+_Before he enter upon the execution of his office, he shall take the
+following oath or affirmation: "I do solemnly swear (or affirm) that I
+will faithfully execute the office of president of the United States, and
+will to the best of my ability, preserve, protect and defend the
+constitution of the United States."_
+
+This oath is usually administered by the chief justice of the Supreme
+Court. It is very simple, pledging the president to two things only; but
+they are the essential things.
+
+"Taking the oath" is a part of the inauguration ceremonies which occur,
+usually, on the fourth of March.
+
+
+_Pertinent Questions._
+
+Was there any president under the confederation? Why? When does the
+president's term begin? Suppose that day comes on Sunday? How does a
+presidential term compare with that of senator? Of representative? The
+first proposition in the constitutional convention was to make the
+presidential term seven years, and limit a person to one term. Is the
+present plan better or not as good? For how many terms may a person be
+elected president? What presidents have been elected for a second term?
+
+How many presidential electors is this state entitled to? New York?
+Illinois? Wisconsin? Delaware? How many are there altogether? Show how the
+present mode is an advantage to the small states. Who were the electors of
+this state in the last presidential election? Get a "ticket" or ballot and
+study it. Tear off, beginning at the top, all that you can without
+affecting the vote. How could a person have voted for one of the
+republican candidates without voting for the other? Where did the electors
+of this state meet? When? Did you preserve the newspaper report of their
+proceedings?
+
+Could the president and vice-president be chosen from the same state? How
+many electoral votes were necessary to a choice last time? How many did
+each candidate receive? In case of election by the house of
+representatives, what is the smallest possible number that could elect? In
+case the house should fail to choose a president before the fourth of
+March, who would be president? Have we ever been threatened with a case of
+this kind? Which presidents have been elected by the house? Has a
+vice-president ever been chosen by the senate?
+
+Specify four differences between the old and the new way of electing
+president and vice-president. Which was the most important change? What
+statement in the twelfth amendment was unnecessary in the original
+provision? If "two-thirds of the senators" are present, are two-thirds of
+the states necessarily represented? What is the smallest number of
+senators that could elect a vice-president? How many times has the
+vice-president succeeded to the presidency? What caused the vacancies? Is
+the result of the election known before the meeting of the electors?
+
+Who is our present minister to England? Would a son of his born in England
+today be eligible in due time to the presidency? Make a comparative table,
+giving the qualifications, mode of election (general), and term of
+representatives, senators and president.
+
+Who is now vice-president of the United States? Have we ever had more than
+one vice-president at the same time? Name the persons, in their order, who
+would succeed to the presidency if the president should be unable to
+perform his duties. If the president should become insane, who would
+decide that such is the fact? How long would the person thus succeeding to
+the position of acting president serve? State four ways in which a vacancy
+in the office of president may occur. If the president leaves Washington,
+is a vacancy created? If he leaves the country? If he is impeached? In
+case of the non-election of either president or vice-president, who would
+serve? How long? How is a vacancy in the office of vice-president filled?
+
+At what "stated times" is the salary of the president paid? In November,
+1872, President Grant was re-elected. His new term began March, 1873. In
+the meantime the salary of the president was increased to $50,000. Did
+President Grant get the increase? Explain.
+
+Does the vice-president take an "oath of office?" If he succeeds to the
+presidency must he take the oath prescribed in the constitution? What
+constitutional provision for the salary of the vice president? Compare the
+duties of a governor of a state with those of the president.
+
+
+_Debate._
+
+Resolved, That the president should be elected by a direct vote of the
+people.
+
+Resolved, That the presidential term should be lengthened, and a second
+term forbidden.
+
+
+SECTION II.--POWERS OF THE PRESIDENT.
+
+_Clause 1.--Some Sole Powers._
+
+_The president shall be commander-in-chief of the army and navy of the
+United States, and of the militia of the several states, when called into
+the actual service of the United States;[1] he may require the opinion, in
+writing, of the principal officer in each of the executive departments,
+upon any subject relating to the duties of their respective offices,[2]
+and he shall have power to grant reprieves and pardons for offenses
+against the United States, except in cases of impeachment.[3]_
+
+[1] Elsewhere it is made the duty of the president to see "that the laws
+are faithfully executed." The execution of the law may sometimes require
+force, hence it seems proper that the command of the army should be vested
+in him. Again, an army may be necessary to defend the country. In order
+that it may act promptly and efficiently, it must be directed by one
+person; and the person whom we instinctively designate for the purpose is
+the president.
+
+The possession of this power by the president is fraught with danger,
+however. Unless surrounded by proper checks, it might be used to overturn
+our system of government. But the president can hardly, as now situated,
+misuse this power. In the first place, the general rules for the
+management and government of the army are made by congress. In the second
+place, the army is supported by appropriations made by congress, and these
+are made for short periods. In the third place, congress could reduce or
+even abolish the army, if that step seemed necessary in defense of our
+liberties. In brief, the support and control of the army are in the hands
+of congress; the president merely directs its movements.
+
+Thus far the president has never actually taken the field in command of
+the army; he has appointed military commanders, and has simply given them
+general directions, which they have carried out as best they could. At any
+time, however, if dissatisfied with the results, he may change the
+commander.
+
+[2] The president cannot personally see to the carrying out of all the
+laws, and yet he is the one responsible for their execution. To assist
+him, the work is divided up into parts, and each part is placed in the
+hands of an officer appointed by the president (with the consent of the
+senate) and responsible to him. These persons constitute what is known as
+the cabinet, and all but two have the title secretary.
+
+The one who keeps the originals of the public documents, the great seal,
+and the public records, is called the secretary of state. He is to the
+United States somewhat as the clerk is to the district or town, or the
+auditor to the county. But in addition, he is the one who has charge of
+our relations with foreign countries. He is the one to whom you would
+apply for a passport, if you were going to travel in foreign lands. He has
+an assistant and many subordinate officers. In this department are three
+bureaus, as they are called--the diplomatic, the consular, and the
+domestic. (For further information, see pages 321, 349, 350.)
+
+The officer who has general charge of the receiving and paying out of
+money is called the secretary of the treasury. He has two assistants and
+thousands of subordinates, some in Washington and others throughout the
+country. Under his direction money is coined, "greenbacks" and other
+tokens of indebtedness are issued and redeemed. He also has general charge
+of all government provisions for making navigation safe along the coast,
+such as lighthouses, etc.
+
+All that pertains to executive control of the army is in charge of the
+secretary of war. The chiefs of bureaus in this department are army
+officers. The secretary may or may not be. The military academy at West
+Point is also, as we might expect, in charge of this department. (See p.
+311.)
+
+The control of the navy is exercised by the secretary of the navy. The
+chiefs of bureaus here are navy officers. The secretary may or may not be.
+This department has charge of the construction of war ships and the
+equipment of them; and, as we would expect it has charge of the naval
+academy at Annapolis (p. 311).
+
+The department which has the greatest diversity of duties is that of the
+interior. This department has charge of patents and trade-marks, of
+pensions, of United States lands, of the Indians, of the census, and of
+education. Its chief officer is called the secretary of the interior. The
+chiefs of bureaus in this department, except that of the census, are
+called commissioners.
+
+The chief officer of the postoffice department is called the postmaster
+general. Here there are five bureaus, in charge respectively of
+appointments, contracts, finances, money orders, and foreign mail.
+
+The officer who has charge of prosecution or defense of suits for or
+against the United States is called the attorney general. He is to the
+United States what the county attorney is to the county. He has, of
+necessity, many assistants. All United States district attorneys and
+marshals act under direction of this department. He is also legal adviser
+of the government.
+
+By an act approved February 11, 1889, the department of agriculture was
+established with appropriate duties assigned to it.
+
+The practice of holding regular cabinet meetings was begun by Jefferson,
+and has continued as a matter of custom and expediency ever since. The
+meetings are attended only by the president, his private secretary, and
+the cabinet. They are held for the purpose of consultation. The president
+may act upon the advice of his cabinet or not as he chooses.
+
+The reports or opinions referred to in the provision of the constitution
+now under consideration, are called for at least once a year and are
+transmitted to congress with the president's message. But they may be
+called for at any time.
+
+Cabinet officers are not directly authorized by the constitution, but
+provisions of this section seem to take it for granted that the president
+would have such assistants.
+
+[3] This power extends to military offenses as well as to the criminal
+offenses of civilians.
+
+The Supreme Court has decided that the president has power also to commute
+sentences; and that he may act in the matter at any time after the offense
+is committed, even before the trial. He may also stop proceedings in any
+criminal case prosecuted in the name of the United States.
+
+The exception in case of impeachment was first made in England, to prevent
+the king from shielding his ministers. It is in our constitution as a
+similar check upon the president.
+
+_Clause 2.--Powers shared by the Senate._
+
+_He shall have power, by and with the advice and consent of the senate, to
+make treaties, provided that two-thirds of the senators present concur;[1]
+and he shall nominate and by and with the advice and consent of the
+senate, shall appoint ambassadors, other public ministers and consuls,
+judges of the Supreme Court, and all other officers of the United States,
+whose appointments are not otherwise herein provided for, and which shall
+be established by law;[2] but congress may by law vest the appointment for
+such inferior officers as they may think proper, in the president alone,
+in the courts of law, or in the heads of departments.[3]_
+
+[1] The "advice" of the senate is rarely, if ever, asked; but its
+"consent" must be had in order to make the treaties lawful.
+
+For the mode of making treaties, see pp. 320, 350, 360.
+
+The power to make treaties was confided to the president originally
+because it had been the custom for the executive to possess the
+treaty-making power. But it is defensible on other grounds. Some treaties
+need to be considered secretly. This could hardly be done if congress were
+the treaty-making power. But the president and the cabinet can consider
+the matter in secret. Then promptness is sometimes needed, as in case of a
+treaty to close a war. Promptness may prevent useless loss of life. If
+congress had to be summoned, valuable time would be taken. As two-thirds
+of the senators present must agree to the provisions of the treaty, the
+president cannot misuse the power granted in this provision.
+
+When the treaty necessitates the raising of money, the house of
+representatives is generally consulted, also. In fact, if the house
+opposed such a treaty it is questionable whether it could be carried out.
+In each of the three great purchases of territory the president consulted
+congress before making the purchase.
+
+[2] The nominations are made in writing, and the senate may either confirm
+or reject the nominees. The person or persons confirmed are then appointed
+by the president. When a nominee is rejected, the president generally
+sends in a new nomination.
+
+This mode of appointment is thus defended by Alexander Hamilton, in the
+_Federalist:_ "The blame of a bad nomination would fall upon the president
+singly and absolutely. The censure of rejecting a good one would lie
+entirely at the door of the senate; aggravated by the consideration of
+their having counteracted the good intentions of the executive. If an ill
+appointment should be made, the executive for nominating, and the senate
+for approving would participate, though in different degrees, in the
+opprobrium and disgrace."
+
+It will be noted in this connection that, while in the state most of the
+officers are elected, in the general government all officers except the
+president and vice-president are appointed.
+
+In Washington's administration the question was raised, can the president
+remove officers without the consent of congress? And it was decided that
+the president can remove all officers whom he can appoint. Judges, who
+hold for life, are of course excepted. During Johnson's administration,
+the power of the president in this direction was declared to be exactly
+equal to his power of appointment,--that is, if the consent of the senate
+be necessary to an appointment, it would also be necessary for removal.
+But afterwards the law was amended, so that now the president may suspend
+an officer until the end of the next session of the senate, and make a
+temporary appointment. If the senate does not at its next session confirm
+the nomination to fill the vacancy, the old officer is re-instated. But if
+the president is determined to carry his point, he may immediately suspend
+the old officer again, and re-appoint the rejected candidate, and continue
+so to do.
+
+During the early administrations comparatively few removals were made,
+except where it seemed necessary for the improvement of the public
+service. But Andrew Jackson introduced into our politics the proposition,
+"To the victors belong the spoils;" which means that the party electing
+the president should have all the offices. This view of the case presents
+to every public officer the temptation to secure himself in place, not by
+meritorious service in the line of his duty, but by activity in the
+service of his party; the tendency is, to displace love of country and
+devotion to duty, and to substitute therefor subserviency to strong party
+leaders. So crying has the evil become, that many of the wisest and most
+patriotic men in the country are seeking to so far reform the public
+service that an officer may feel reasonably secure in his position so long
+as he performs his duties faithfully, and that vacancies shall be filled
+by the promotion of worthy subordinates.
+
+[3] This is to secure two objects: first, to relieve the president of the
+burden of appointing thousands of such officers; and second, to place the
+appointment in the hands of the officers responsible for the work of these
+subordinates.
+
+The principal officers thus appointed are:
+
+1. Postmasters having salaries less than $1000 a year, appointed by the
+postmaster general.
+
+2. Clerks, messengers, janitors, etc., in the several departments,
+appointed by the respective secretaries. The chiefs of bureaus and some of
+the more important officers in each department are appointed by the
+president with the consent of the senate.
+
+3. The subordinates in each custom house, appointed by the collector
+thereof.
+
+4. Clerks of United States courts, appointed by the judges. The United
+States district attorneys and marshals are appointed by the president,
+with the consent of the senate.
+
+The term of appointees is four years, unless sooner removed. They may be
+and are removed, however, as before said, not only for unfitness, but also
+for political reasons.
+
+_Clause 3.--Temporary Appointments._
+
+_The president shall have power to fill up all vacancies that may happen
+during the recess of the senate, by granting commissions which shall
+expire at the end of their next session._
+
+This provision is necessary because the senate is not always in session,
+and it would not pay to convene it for the purpose of acting upon
+nominations every time a vacancy occurs. The president may wait, however,
+if the case will permit, until the next session of congress before making
+an appointment.
+
+
+SECTION III.--DUTIES OF THE PRESIDENT.
+
+_He shall from time to time give to congress information of the state of
+the Union, and recommend to their consideration such measures as he shall
+judge necessary and expedient;[1] he may on extraordinary occasions,
+convene both houses or either of them,[2] and in case of disagreement
+between them, with respect to the time of adjournment, he may adjourn them
+to such time as he shall think proper;[3] he shall receive ambassadors and
+other public ministers;[4] he shall take care that the laws be faithfully
+executed,[5] and shall commission all officers of the United States.[6]
+
+[1] The president complies with this provision by sending to congress at
+the beginning of each regular session his annual message. And at other
+times, as occasion demands, he sends special messages.
+
+[2] Congress has been convened in extra session by presidential
+proclamation only twelve times in all. The senate is frequently convened
+in extra session at the close of the regular session to consider
+appointments. This usually happens on the accession of a new president.
+
+[3] No occasion has ever arisen for the exercise of this power.
+
+[4] In all governments, diplomatic intercourse with other governments is
+carried on through the executive department. (See pages 347 and 349.)
+
+By "receiving" an ambassador, the country from which he comes is
+"recognized" as an independent sovereignty, a nation. Ambassadors may be
+rejected or dismissed, if personally objectionable to this country, if the
+countries from which they come are not recognized as belonging to the
+sisterhood of nations, or if the relations between their country and this
+become unfriendly. Nations at war with each other do not exchange
+ambassadors; each recalls its representative at the time of declaring war.
+Our ambassadors or other public ministers may be rejected by other nations
+for the reasons given above.
+
+It will readily be seen that this power or duty may impose upon the
+president at times, grave responsibility. The nature of this
+responsibility may be understood when we remember the efforts made by the
+confederate states to secure recognition of their agents at the courts of
+London and Paris, during the civil war. For either country to have
+recognized them would have been to interrupt our friendly relations with
+that country, and might have led to war between it and us. (See page 347.)
+
+[5] This is the president's most important duty; and it is his duty to
+enforce the law whether he believes in its wisdom or not. He acts through
+the executive officers previously referred to.
+
+[6] The commission bears the signature of the president and the great seal
+of the United States, the latter affixed by the secretary of state.
+
+
+SECTION IV.--RESPONSIBILITY OF OFFICERS.
+
+_The president, vice-president, and all civil officers of the United
+States, shall be removed from office on impeachment for, and conviction
+of, treason, bribery, or other high crimes and misdemeanors._
+
+The word "civil" in the provision is used here in distinction from
+_military_ and _naval_. It is generally understood that members of
+congress are not "civil officers" within the meaning of this provision.
+Military and naval officers are tried by courts-martial, and members of
+congress are subject to trial by the house to which they belong.
+
+The definition of "high crimes and misdemeanors" rests with the senate.
+Treason is defined in the constitution, and bribery has a meaning
+understood by all.
+
+There have been seven cases of impeachment before the United States
+Senate. (See pages 131, 138 and 333.)
+
+
+_Pertinent Questions._
+
+When, near the close of the late war, General Grant commanded all the
+armies of the Union, had he any superior officer? (That is, was there any
+officer higher in rank than he?) Who is commander-in-chief of the United
+States army today? Who is the highest purely military officer, and what is
+his rank?
+
+Name the members of the present cabinet. If you wanted to trade with the
+Indians, to whom would you make application for permission?
+
+Can the president pardon before trial? What cases can he not pardon? Name
+some one pardoned by the president. Could he pardon prisoners confined for
+breach of state law? Where does the general government confine its
+prisoners?
+
+What is the smallest number of senators that could confirm or reject a
+treaty? What is meant by the executive session of the senate? How could
+you witness the proceedings at such a session? How large a vote is
+necessary to confirm a nomination of the president?
+
+What is an ambassador? A minister? A consul? What is meant by "inferior"
+officers? By "civil service reform?"
+
+State the principle which seems to cover the matter of removals.
+
+Have you read the president's last annual message? What "information" did
+he give to congress? What "recommendations" did he make? How was the
+message delivered to congress? What "extra sessions" of congress do you
+remember? What ones have you read about in books? When were the different
+extra sessions called?
+
+Give the number of bills vetoed by each president.
+
+Has the president ever had to adjourn congress? For how long could he do
+it? How is the British parliament prorogued?
+
+Where do impeachments originate? By whom are they tried? Who may be
+impeached? What for? Can persons who have ceased to be officers be
+impeached? What is the extent of sentence? Was President Johnson
+impeached? How is an impeachment trial conducted? What persons have been
+impeached?
+
+Prepare a tabulation telling:
+
+  1. Mode of election of president (general statement only)
+  2. Qualifications.
+  3. Term.
+  4. Vacancy.
+  5. Salary--constitutional provision; law.
+  6. Powers.
+  7. Duties.
+
+
+
+
+CHAPTER XXIV.
+
+ARTICLE III.--THE JUDICIAL BRANCH.
+
+
+In the two articles so far considered, we have studied about the
+law-_making_ and the law-_enforcing_ branches of the government. We shall
+next examine the third great branch, the one which _interprets_ and
+_applies_ the laws.
+
+
+SECTION I.--ORGANIZATION.
+
+_The judicial power of the United States shall be vested in one Supreme
+Court,[1] and in such inferior courts as the congress may from time to
+time ordain and establish.[2] The judges both of the Supreme and inferior
+courts, shall hold their offices during good behavior,[3] and shall at
+stated times receive for their services a compensation[4] which shall not
+be diminished during their continuance in office.[5]_
+
+[1] The creation of the Supreme Court, a distinct coordinate branch for
+the final interpretation of law, was the master-stroke of the
+constitution. "The Supreme Court has no prototype in history."
+
+While the _existence_ of the Supreme Court is thus provided for in the
+constitution, the _number of judges_ to constitute it was wisely left with
+congress. Thus the organization may be changed as circumstances change.
+The Supreme Court at first consisted of six justices, as they are called;
+but owing to the growth of the country and the consequent increase of
+labor to be performed, the number of justices has been increased to nine.
+
+[2] Under this provision congress has established three grades of
+"inferior" United States courts, the Circuit Courts of Appeal, Circuit
+Courts, and the District Courts. The United States is divided into nine
+judicial _circuits_, to each of which are assigned one justice of the
+Supreme Court and two circuit judges. (See page 307.) These constitute
+what is called the Circuit Court of Appeals, having appellate jurisdiction
+in their respective circuits and holding annual sessions for that purpose.
+(See page 210.)
+
+The United States is further subdivided into more than sixty judicial
+_districts_. In each of these districts, at least one session of the
+circuit court and one of the district court is held each year. (See pages
+210 and 307-9.) A full circuit court bench consists of a supreme court
+justice, a circuit judge, and a district judge; but court may be held by
+any one or two of them. The district court consists of the district judge.
+
+[3] This virtually means during life. The purpose of this provision is to
+raise the judges above temptation, to put them in a position where they
+may feel safe in doing their exact duty, unawed by any outside power. If
+with this opportunity they prove unjust, they may be impeached. But so
+far, almost without exception, those who have been honored with a place on
+a United States court have proved worthy of their high calling.
+
+[4] The purpose of this also is to remove temptation from the judges. The
+salary of the chief justice is $10,500 a year, and that of each associate
+justice, $10,000. This seems like a generous amount. But several times a
+place on the supreme bench has been declined, on the plea that the nominee
+could not afford to serve for the salary attached.
+
+[5] This is to prevent the other two branches from occupying a threatening
+attitude toward the judiciary. But the salary may be increased. And the
+salary may be reduced, to take effect with appointments made after the
+passage of the law.
+
+
+SECTION II.--JURISDICTION OF THE COURTS.
+
+_Clause 1.--Extent._
+
+The judicial power shall extend to all cases,[1] in law and equity,[2]
+arising under this constitution, the laws of the United States, and
+treaties made or which shall be made, under their authority;[3] to all
+cases affecting ambassadors, other public ministers, and consuls;[4] to
+all cases of admiralty jurisdiction;[5] to controversies to which the
+United States shall be a party;[6] to controversies between two or more
+states;[7] between a state and citizens of another state;[8] between
+citizens of different states;[9] between citizens of the same state
+claiming lands under grants of different states;[10] and between a state
+or the citizens thereof, and foreign states, citizens or subjects.[11]_
+
+[1] The courts decide what the law is, whether a specified law is
+constitutional or not, and what the meaning of constitutional provisions
+is, but only as these questions arise in _cases_ brought before them for
+trial. They do not advise congress or the president as to the
+constitutionality or unconstitutionally of a law. They do not directly
+make law. But in determining the meaning of certain laws and of
+constitutional provisions they may determine what the law is, and thus
+they may be said to make law indirectly. But sometimes a legal question or
+a question as to the meaning of a constitutional provision remains for a
+long time unanswered, because no _case_ involving the question comes
+before the courts.
+
+[2] Sometimes the law provides no adequate remedy for a wrong. Here is the
+necessity for a court of equity. For instance, A sells his business to B,
+agreeing not to become a rival, but immediately reopens in the next block.
+B's only remedy in law is to secure damages. If this remedy is shown to be
+inadequate, a court of equity will close A's store. Or if C, having
+contracted to do a certain act for D, fails or declines to perform his
+part, the law can only award D damages; equity will compel the fulfillment
+of the contract. Law is curative, equity is preventive. (See Dole, 502.)
+
+In some states there are separate courts of law and of equity. But the
+provision under discussion gives the United States courts jurisdiction in
+cases both of law and of equity. "There are no juries in equity cases, and
+no criminal trials."
+
+[3] These pertain to the whole United States, so cases arising under them
+should be tried by a national, not by a state, court.
+
+[4] Thus showing respect for the governments represented by them.
+
+[5] That is, to cases arising on the high seas or on navigable waters.
+These matters, according also to I. 8: 10, 11, are under the jurisdiction
+of the United States, and therefore this provision is simply a consequence
+of the two referred to.
+
+[6] Because then the interests of the whole country are at stake, and
+should not be left to any state.
+
+[7] Because the United States was organized to "insure domestic
+tranquility."
+
+[8] This provision has been modified by the eleventh amendment, which
+reads as follows: "The judicial power of the United States shall not be
+construed to extend to any suit in law or equity, commenced or prosecuted
+against one of the United States by citizens of another state, or by
+citizens or subjects of any foreign state." That is, if the state is the
+_plaintiff_, the suit may be tried by the United States Supreme Court
+(compare clause 2). Claims of individuals against a state, if denied by
+the auditor, may be referred by them to the legislature. A state cannot be
+sued by an individual or corporation.
+
+When a citizen is sued he must be sued either in the courts of the United
+States or in those of his own state. It would be a source of irritation to
+compel a state to sue a citizen of another state in the courts of his own
+state, hence this provision that such suits shall be in the United States
+court.
+
+[9] To remove temptation to injustice through local prejudice. But the
+suit is tried in, and in accordance with the laws of, the state of which
+the defendant is a citizen.
+
+[10] Because the states are involved in the suit, and it would be unfair
+to let either decide the controversy.
+
+This provision is not of much importance now, because state boundaries are
+clearly defined. But when the constitution was framed, this kind of
+question meant a good deal. The charters given during colonial times were
+very loosely drawn, and claims of different colonies and proprietors
+overlapped each other. The question of ownership had not been settled at
+the time of the revolution. During the formative or confederation period,
+these disputes had been a source of much ill-feeling.
+
+[11] Because the general government, and not the individual states, has
+charge of our foreign relations. A foreign country holds the United States
+responsible for the acts of its citizens; and only the United States can
+be looked to, to secure justice to its citizens on the part of foreign
+countries or citizens.
+
+_Clause 2.--Jurisdiction of the Supreme Court._
+
+_In all cases affecting ambassadors, other public ministers and consuls,
+and those in which a state shall be a party, the Supreme Court shall have
+original jurisdiction.[1] In all the other cases before mentioned, the
+Supreme Court shall have appellate jurisdiction,[2] both as to law and
+fact, with such exceptions and under such regulations as the congress
+shall make.[3]_
+
+[1] That is, such a suit must _commence_ in the Supreme Court, and so
+cannot be tried elsewhere.
+
+[2] That is, the action must commence in some lower court, but it may be
+appealed to the Supreme Court.
+
+The U.S. District Court has jurisdiction over crimes committed on the high
+seas, and over admiralty cases in general; over crimes cognizable by the
+authority of the United States (not capital) committed within the
+district, and over cases in bankruptcy.
+
+The U.S. Circuit Court has original jurisdiction in civil suits involving
+$2000 or more, over equity cases, and over cases arising under patent and
+copyright laws.
+
+[3] To relieve the Supreme Court, which was years behind with its work,
+congress recently provided for a U.S. Circuit Court of Appeals in each of
+the nine circuits, which has final appellate jurisdiction in nearly all
+cases except those involving the constitutionality of a law.
+
+_Clause_ 3.--_The Trial of Crimes._
+
+_The trial of all crimes, except in cases of impeachment, shall be by
+jury,[1] and such trial shall be held in the state where said crimes shall
+have been committed;[4] but when not committed within any state,[3] the
+trial shall be at such place or places as congress may by law have
+directed.[4]_
+
+[1] A trial by jury is a trial by twelve men impartially selected. This is
+regarded as one of the great bulwarks of liberty.
+
+Civil cases may, at the desire of both parties, be tried by the court
+only. But for criminal trials a jury is guaranteed by this provision. In a
+criminal trial, the state or the nation is the prosecutor, and state or
+national judges _might_ be tempted to decide unjustly, if the matter were
+left to them.
+
+[2] This leaves the accused in better condition to defend himself, than if
+he could be taken away far from home. He is thus able at the least expense
+to bring witnesses in his own behalf. In harmony with this, each state has
+at least one U. S. District Court for the trial of crimes against the
+general government. (See Declaration of Independence.)
+
+This provision is probably binding also upon the states.
+
+[3] That is, in the District of Columbia, in one of the territories, in
+the Indian country, in the forts or arsenals of the United States, or upon
+the high seas.
+
+[4] Congress has specified courts for the trial of such crimes. Those
+committed on the high seas are tried in the state where the vessel
+arrives. (See pages 230-4.)
+
+
+SECTION III.--TREASON.
+
+_Clause 1.--Definition and Trial._
+
+_Treason against the United States shall consist only in levying war
+against them, or in adhering to their enemies, giving them aid and
+comfort.[1] No person shall be convicted of treason unless on the
+testimony of two witnesses to the same overt act, or on confession in open
+court.[2]_
+
+[1] Treason is, in essence, a deliberate and violent breach of the
+allegiance due from a citizen or subject to his government. Being directed
+against the powers that be, the government in self defense is tempted to
+punish it severely. The more tyrannical a government is the more likely it
+is to be plotted against, and the more suspicious it becomes. If treason
+were undefined, the government might declare acts to be treasonable which
+the people never suspected to be so. This had occurred so many times, and
+good men had so often been sent on this charge to an ignominious death,
+that the framers of the constitution deemed it prudent to define treason
+carefully in the fundamental law itself.
+
+These provisions are taken from the famous statute of Edward III which
+first defined treason in England. This statute declared five things to be
+treasonable, only the third and fourth of which are held by our
+constitution to be so.
+
+[2] An overt act is an open act, not one that is simply meditated or
+talked about, but one actually performed.
+
+The Supreme Court has decided that there must be an actual levying of war;
+that plotting to overthrow the government is not treason. But if
+hostilities have actually begun, if war has commenced, "all those who
+perform any part, however minute, or however remote from the scene of
+action, and who are leagued in the general conspiracy, are to be
+considered traitors."
+
+Two witnesses, at least, "to the _same_ overt act," are required, because
+thus only can a "preponderance of testimony" be secured.
+
+_Clause 2.--Punishment._
+
+_The congress shall have power to declare the punishment of treason, but
+no attainder of treason shall work corruption of blood or forfeiture
+except during the life of the person attainted._
+
+As has been hinted, the punishment of treason had been very severe in
+European countries. Not only was the person convicted of treason put to
+death in the most horrible ways, but his property was forfeited, and no
+one could inherit property from him or through him. Thus not only the
+person himself, but also his children and his children's children, were
+punished. The purpose of this provision is, in the words of Mr. Madison,
+to restrain congress "from extending the consequences of guilt beyond the
+person of its author."
+
+
+_Pertinent Questions._
+
+By what authority was the Supreme Court established? By whom is it
+organized? Why is such a court necessary? How many judges or justices
+constitute the Supreme Court? Name them. Tell what president appointed
+each.
+
+How many and what "inferior courts" has congress established? Name the
+Supreme Court justice assigned to this circuit. How many other states in
+this circuit? Name our two United States circuit judges. Name the United
+States district judge. How are these officers appointed? How long do they
+serve? State the salary of each class of judges. What legal provision is
+there in regard to retiring United States judges?
+
+If a person should rob the mail, in what court would he be tried? Tell
+about the Dartmouth College case. If any one should be caught making
+cigars without a license, before what court would he be tried? If an
+American owed money to an ambassador from a foreign country, and declined
+to pay it, how could the ambassador get his pay? If the ambassador owed an
+American, how could the American get his pay? Would you, if the United
+States government asked you to represent it in a foreign country, like to
+be tried by a court of that country?
+
+If a murder be committed in the District of Columbia, in what court is the
+trial had? If committed in Minnesota? In Wyoming? If a sailor should steal
+from a passenger, when out on the ocean, where would the case be tried and
+in what court?
+
+If a state other than the one in which you live should sue you where could
+the case be tried? How can the United States be a party to a suit?
+
+Have you knowledge of any case in which one state sued another? If a
+merchant in your town should buy goods from a wholesale house in Chicago
+or New York, and should fail or refuse to pay for them, how could the
+house get its pay? What laws would apply to the case? What principle seems
+to be involved in these answers?
+
+How many acts of congress have been declared unconstitutional by the
+Supreme Court?
+
+Can a citizen of Wyoming bring a suit in a United States court? If you
+lived in Montana, how could you recover money owed you in Minnesota? Can a
+United States official be sued for acts performed in the discharge of his
+duties?
+
+What famous case of treason was tried in 1807? Was Jefferson Davis ever
+tried for treason?
+
+If the property of a traitor is taken by the government, must it be
+restored to his heirs at his death? Can you commit treason against this
+state? What do you know about the John Brown case?
+
+Compare III. 2, 3, with amendments 5 and 6, and state the rights of a
+person accused of crime, which are guaranteed by the constitution.
+
+
+_Debate._
+
+Resolved, That all judicial officers should be appointed.
+
+
+_Tabular View._
+
+Prepare a tabular view comparing the three departments of the United
+States government.
+
+
+
+
+CHAPTER XXV.
+
+ARTICLE IV.--THE RELATIONS OF THE STATES.
+
+
+SECTION I.--STATE RECORDS.
+
+_Full faith and credit[1] shall be given in each state to the public
+acts,[2] records,[3] and judicial proceedings[4]of every other state. And
+the congress may by general laws prescribe the manner in which such acts,
+records and proceedings shall be proved,[5] and the effect thereof._
+
+[1] That is, such faith and credit as would be given to such acts, etc.,
+in the state in which they originated.
+
+[2] That is, the legislative acts,--the statutes and the constitutions.
+
+[3] Such as the registration of deeds, wills, marriages, journals of the
+legislature, etc.
+
+[4] The proceedings, judgments, orders, etc., of the courts.
+
+[5] The records of a court are "proved" (that is, shown to be authentic)
+by the attestation of the clerk, with the seal of the court affixed, and
+the certificate of the judge. The acts of the legislature are
+authenticated by the state seal.
+
+
+SECTION II.--RELATIONS TO INHABITANTS OF OTHER STATES.
+
+_Clause 1.--Citizens._
+
+_The citizens of each state shall be entitled to all privileges and
+immunities of citizens in the several states._
+
+That is, no state can give its citizens any privileges which it denies to
+citizens of other states. For instance, a citizen of Wisconsin, New York
+or California, coming to Minnesota has all the privileges of a citizen of
+Minnesota. To be sure he cannot vote in Minnesota until he has resided
+here for a time. This is simply a police regulation, to prevent fraud in
+voting. But he is entitled to the protection of the laws of Minnesota, may
+hold property here, and may engage in any business in which a citizen of
+Minnesota may engage.
+
+He cannot, however, carry with him any special privileges which he may
+have enjoyed in the state from which he came. Thus, if one state permits a
+person to vote upon declaring his intention to become a citizen while
+another requires that a voter shall be a full citizen, a person coming
+from the first state cannot claim the right to vote in the second until he
+becomes a full citizen.
+
+Study in this connection the first clause of the fourteenth amendment.
+
+_Clause 2.--Fugitives from Justice._
+
+_A person charged in any state with treason, felony or other crime, who
+shall flee from justice, and be found in another state, shall, on demand
+of the executive authority of the state from which he fled, be delivered
+up, to be removed to the state having jurisdiction of the crime._
+
+The necessity for this provision will readily be understood, when it is
+remembered that each state has jurisdiction only within its own limits.
+But for this provision, criminals would be comparatively free from
+restraint, because they could in most cases get into another state. And
+this would of course tend to increase the number of criminals. (See pp.
+337, 349.)
+
+As civilization advances, countries independent of each other politically
+agree, for their mutual protection, to surrender to each other fugitives
+from justice. Treaties made for this purpose are called _extradition_
+treaties.
+
+_Clause 3.--Fugitives from Service._
+
+_No person held to service or labor in one state, under the laws thereof,
+escaping into another, shall, in consequence of any law or regulation
+therein, be discharged from such service or labor, but shall be delivered
+up on claim of the party to whom such service or labor may be due._
+
+This clause was inserted as a concession to the slave-holding states, and
+had special reference to slaves, though it also applied to apprentices and
+any other persons who for any reason might be "bound to service." But as
+slavery no longer exists, and apprenticeship and other binding to service
+are almost things of the past, this provision is practically obsolete.
+
+
+SECTION III.--NEW STATES AND TERRITORIES.
+
+_Clause 1.--The Admission of New States._
+
+_New states may be admitted by the congress into this Union;[1] but no new
+state shall be formed or erected within the jurisdiction of any other
+state;[2] nor shall any state be formed by the junction of two or more
+states or parts of states, without the consent of the legislatures of the
+states concerned as well as of the congress.[3]_
+
+[1] These few words mark an era in political history. Heretofore nations
+had acquired new territory merely to enlarge the extent of their
+_provinces_ or subject states, never with a view of uniting the acquired
+territory with the original system, allowing it equal political
+privileges. But when we look at the matter carefully, we shall see that
+our government could not consistently do otherwise than it did. The
+proposition involved in the revolution was that new territory should
+either be permitted to enjoy equal privileges with the parent state, or it
+should become independent.
+
+But it was not simply to carry out a political theory that this provision
+was made; it was to solve a practical difficulty. At the close of the
+Revolutionary War, the United States extended west to the Mississippi
+river. The territory west of the Alleghany mountains contained almost no
+inhabitants, and was of course unorganized. This territory became the
+object of contention. Some of the states claimed jurisdiction over it,
+while others maintained that it was not within the limits of any states,
+and that, as it had been secured by a war waged by the general government,
+this territory should be considered common property, to be managed by the
+general government. The states having claims upon the territory expressed
+a willingness to relinquish them upon the condition that the territory
+should be formed into states as soon as the population would warrant.
+Accordingly, before the constitution was framed all these states except
+North Carolina and Georgia had relinquished their claims, and all but a
+small portion of the territory was under the jurisdiction of the general
+government. And July 13, 1787, that portion of the country west of
+Pennsylvania and north of the Ohio, had been organized into the Northwest
+Territory. This act of congress is generally known as The Ordinance of
+1787. It was for a long time the model upon which other territories were
+organized.
+
+[2] This shows the fear entertained lest the general government should try
+to control a state by threatening its existence.
+
+[3] Vermont was claimed by both New York and New Hampshire. Both consented
+to her admission.
+
+Kentucky was a part of Virginia, and became a state with her consent.
+
+Maine became a state with the consent of Massachusetts, of which it had
+been a part.
+
+West Virginia was admitted during the war, the consent of Virginia being
+obtained afterwards.
+
+_Clause 2.--The Territories._
+
+_The congress shall have power to dispose of and make all needful rules
+and regulations respecting the territory or other property belonging to
+the United States;[1] and nothing in this constitution shall be so
+construed as to prejudice any claims of the United States, or of any
+particular state.[2]_
+
+[1] The power to _acquire_ territory is not expressly granted in the
+constitution, but it is implied as an act of sovereignty. Territory was
+acquired by the general government before the constitution by cession from
+states, and since the adoption of the constitution it has been acquired by
+purchase, by discovery, by conquest, and by annexation.
+
+The power to _dispose_ of territory is also an attribute of sovereignty,
+and would have belonged to the general government without this provision.
+But this provision places the power in the hands of _congress_; otherwise
+land could be sold by the treaty-making power. Under this provision
+congress receded to Virginia that portion of the District of Columbia
+south of the Potomac.
+
+The power to govern any territory which it possesses is also an attribute
+of sovereignty. This clause gives the power to congress; but any law for
+the regulation of territories needs the president's signature, the same as
+any other law.
+
+[2] It will be remembered that North Carolina and Georgia had not at the
+time of the adoption of the constitution relinquished their claims to
+certain territory lying outside of their state limits. This provision was
+made as a concession to them. But they afterwards, North Carolina in 1790
+and Georgia in 1802, ceded the disputed territory to the United States.
+
+
+SECTION IV.--GUARANTIES TO THE STATES.
+
+_The United States shall guarantee to every state in this Union a
+republican form of government,[1] and shall protect each of them against
+invasion,[2] and on application of the legislature, or of the executive
+(when the legislature cannot be convened), against domestic violence.[3]_
+
+[1] That is, the United States will protect each state against one man or
+a few men who may try to usurp the functions of the state government. By
+inference, the United States could insist upon a republican form of
+government even if the people of the state desired some other. Happily, no
+necessity for the exercise of this power has yet arisen.
+
+[2] This would have been the duty of the general government, even if this
+provision had not been made. To defend the country against invasion is one
+of the principal duties of government. The government was organized "to
+provide for the common defense."
+
+[3] To "insure domestic tranquillity" was another reason given for the
+establishment of the constitution. But lest the general government should
+make every little disturbance a pretext for interfering with the local
+affairs of a state, it was provided that no interference should occur
+until asked for by state authority.
+
+
+_Pertinent Questions_.
+
+If a judgment is secured against a resident of New York and he moves to
+Minnesota without paying it, could he be held responsible in Minnesota
+without another suit? Is a marriage ceremony performed in Illinois binding
+in Kansas?
+
+Define citizen. Can a person be a citizen of the United States without
+being a citizen of any state? Could he be a citizen of a state and not be
+a citizen of the United States? A certain southern state imposed a tax
+upon commercial travelers not residents of that state; was the act
+constitutional? What is the Civil Rights bill, and why was it passed? Can
+a citizen of any state claim in another state any privileges peculiar to
+the state from which he removed?
+
+How is a "fugitive from justice" secured when he has escaped into another
+state? Is a governor obliged to surrender an escaped criminal upon demand
+of the authorities of the state from which he escaped? How is a criminal
+secured if he escapes into another country? Name countries with which we
+have _extradition_ treaties. Have we any with Canada?
+
+What were the provisions of the fugitive slave law?
+
+Did the articles of confederation provide for the admission of new states
+into the union? Name the first state admitted into the Union. The last.
+What territories are now seeking admission into the sisterhood of states?
+How does a territory become a state? What advantages are gained by
+becoming a state? Is congress bound to admit new states? Can congress
+compel a territory to become a state? Can it compel a state to remain a
+state? Is there such a thing in our system as _a state out of the Union?_
+
+What does a citizen of the United States lose by moving into a territory?
+
+Does the constitution define a _republican_ government? Is any particular
+department charged with the duty of guaranteeing to each state a
+republican form of government?
+
+When did the United States protect a state against invasion? Against
+domestic violence? Have any states been admitted into the Union more than
+once?
+
+
+
+
+CHAPTER XXVI.
+
+ARTICLE V.--AMENDMENTS TO THE CONSTITUTION.
+
+
+_The congress, whenever two-thirds of both houses shall deem it necessary,
+shall propose amendments to this constitution, or, on the application of
+the legislatures of two-thirds of the several states, shall call a
+convention for proposing amendments, which, in either case, shall be valid
+to all intents and purposes, as a part of this constitution, when ratified
+by the legislatures of three-fourths of the several states, or by
+conventions in three-fourths thereof, as the one or the other mode of
+ratification may be proposed by the congress;[1] provided, that no
+amendment, which may be made prior to the year one thousand eight hundred
+and eight, shall, in any manner, affect the first and fourth clauses in
+the ninth section of the first article;[2] and that no state, without its
+consent, shall be deprived of its equal suffrage in the senate.[3]_
+
+[1] No one realized more fully than the framers of the constitution that,
+with the best thought which they could give to it, the constitution might
+need amending, and therefore they provided ways for proposing and
+ratifying amendments.
+
+It is purposely made difficult to amend the constitution because the
+fundamental law should not be changed except for weighty reasons. If these
+exist, the amendments may be made; the difficulty is not so great as to be
+insurmountable.
+
+[2] By reading the clauses referred to, the student will readily see whom
+this was a concession to.
+
+[3] This was to protect the small states, in whose interest the senate was
+organized.
+
+The first ten amendments were proposed by congress at its first session in
+1789, and they were ratified in 1791.
+
+Two other amendments were proposed at the same time, but they were not
+ratified. One of them was to regulate the number of representatives; the
+other, to prevent congressmen from increasing their own salaries.
+
+The eleventh amendment was proposed in 1796, and ratified in 1798.
+
+The twelfth amendment, a consequence of the disputed election of 1801, was
+proposed in 1803, and ratified in 1804.
+
+An amendment prohibiting citizens of the United States from accepting any
+titles, pensions, presents, or other emoluments from any foreign power, on
+pain of loss of citizenship, was proposed in 1811, but it was not
+ratified.
+
+An amendment making slavery perpetual was proposed in 1861, in the hope
+that this might avert the war, but it was not ratified.
+
+The thirteenth and fourteenth amendments were proposed in 1865 and 1868
+respectively, and they were ratified the same years.
+
+The fifteenth amendment was proposed in 1869, and ratified in 1870.
+
+The propositions of amendments have thus far been made by congress, and
+all ratifications have been made by the state legislatures.
+
+
+_Pertinent Questions._
+
+State four ways in which the constitution may be amended. What _temporary_
+limitation was placed upon the power to amend the constitution? What
+_permanent_ prohibition? How is the English constitution amended? In what
+case _must_ congress call a convention to propose amendments? Must the
+convention thus called propose any amendments? Which is the better of the
+two ways of proposing amendments? When an amendment is proposed by
+two-thirds of both houses of congress, is it necessary to secure the
+approval of the president? Can a state withdraw its ratification of an
+amendment? When is an amendment, once proposed, dead? Did it take
+three-fourths of _all_ the states or only three-fourths of the loyal
+states to ratify the thirteenth amendment? How many of the disloyal states
+finally ratified it? How is the ratification and consequent validity of
+any proposed amendment made known?
+
+
+
+
+CHAPTER XXVII.
+
+ARTICLE VI.--MISCELLANEOUS.
+
+
+_Clause 1.--Prior Debts and Engagements._
+
+_All debts contracted and engagements entered into before the adoption of
+this constitution, shall be as valid against the United States under this
+constitution as under the confederation._
+
+The debts were incurred and the engagements were entered into by the
+United States, and changing the _form of government_ would not release the
+country from its obligations. The insertion of this provision however,
+served as an explicit statement of the purpose of the government to live
+up to its engagements.
+
+_Clause 2.--National Supremacy._
+
+_This constitution, and the laws of the United States which shall be made
+in pursuance thereof, and all treaties made, or which shall be made, under
+the authority of the United States, shall be the supreme law of the land;
+and the judges in every state shall be bound thereby, anything in the
+constitution or laws of any state to the contrary notwithstanding._
+
+This provision settles definitely, and in what would seem to be
+unmistakable terms, the question of supremacy, about which so much
+discussion has been carried on. Within its sphere, within the limitations
+placed upon it by the constitution itself, the national government has the
+supremacy over any and all state governments.
+
+_Clause 3.--Oath of Office._
+
+_The senators and representatives before mentioned, and the members of the
+several state legislatures, and all executive and judicial officers, both
+of the United States and of the several states, shall be bound by oath or
+affirmation, to support this constitution;[1] but no religious test shall
+ever be required as a qualification to any office or public trust under
+the United States.[2]
+
+[1] The first law passed by congress under the constitution was an act
+prescribing the form of the oath required by the provision above. It is as
+follows: "I, A. B., do solemnly swear, or affirm (as the case may be),
+that I will support the constitution of the United States."
+
+[2] In all other countries at the time of the adoption of this
+constitution eligibility to public office was limited to members of the
+established church of the country. This constitution set the example of
+abolishing religious tests for public office, and the wisdom of this is so
+apparent that it has been followed entirely or in part by many of the
+civilized nations.
+
+
+
+
+CHAPTER XXVIII.
+
+ARTICLE VII.--RATIFICATION OF THIS CONSTITUTION.
+
+
+_The ratification of the conventions of nine states shall be sufficient
+for the establishment of this constitution between the states so ratifying
+the same._
+
+Nine states made two-thirds of the entire number. Eleven states ratified
+the constitution within nine months of the time of its submission to them.
+As soon as nine states had ratified, congress made arrangements for
+putting the new form of government into operation.
+
+The mode of ratification herein specified ignored the existence of the
+articles of confederation, and in specifying this mode the convention
+disregarded the instructions of the congress which called it. The congress
+had expressly provided that the work of the convention should be submitted
+to the congress and the state legislatures for approval. But this
+provision places the power to ratify in the hands of conventions elected
+by the people in the several states, which arrangement is in harmony with
+the opening words of the preamble.
+
+
+_Pertinent Questions._
+
+What is the recognized law of nations in regard to the payment of the
+debts of a nation when it changes its form of government? If England
+should become a republic would this rule apply? Does it apply when a
+territory becomes a state? Were the debts of the confederation paid? How?
+What was the amount of the debt of the United States at the time of the
+adoption of the constitution? What is the value of the notes and bonds of
+the "Confederate States of America"? Why?
+
+Which is sovereign, the nation or the individual states? Where else are
+there any provisions which teach the same thing? Why should _judges_ be
+specially mentioned in VI. 2? What department of the government makes
+treaties? Are they binding upon the other departments? Upon the several
+states? Can a state nullify an act of congress? Has any state ever tried
+to do so?
+
+Why are _state_ officers bound to support the constitution of the _United
+States_? Is the requirement to take the "oath of office" a religious test?
+Why is the choice of oath or affirmation given? What was the iron-clad
+oath?
+
+Would the ratification of the constitution by nine states have made it
+binding upon the other four? The articles of confederation required the
+consent of all the states to any amendment to them; by what right was this
+constitution adopted against the wishes of Rhode Island and North
+Carolina? If those two states had persisted in their refusal to ratify the
+constitution, what would have been their relations to the United States?
+Justify your answer.
+
+
+
+
+CHAPTER XXIX.
+
+THE AMENDMENTS.
+
+
+We have now considered the constitution about as it was presented to the
+states for ratification. Judging by our own affection for the noble
+instrument we would expect to learn that it was ratified promptly and
+unanimously. But, as a matter of fact, much hard work was required on the
+part of its friends to secure its ratification. Its every provision had to
+be explained and justified. Probably the most able exposition was made by
+Hamilton, Madison and Jay, in a series of papers entitled, "The
+Federalist."
+
+One of the greatest objections urged against the constitution was that it
+did not guarantee sufficiently the rights of individuals. It will be
+remembered in this connection that the principal grievance against
+England, as expressed in the Declaration of Independence, was that
+personal rights had not been respected; and that, in consequence, the
+first form of government organized after independence, The Articles of
+Confederation, gave the general government no power to reach individuals.
+Experience showed this to have been a mistake, and the constitution
+authorizes the general government to execute its laws directly, enabling
+it to hold individuals responsible. On account of this re-enlargement of
+power, many people honestly feared that the new government might trespass
+upon personal rights as England had done. And several states at the time
+of ratifying suggested the propriety of so amending the constitution as to
+remove these fears.
+
+In accordance with these recommendations, amendments were proposed at the
+first session of congress. The house of representatives proposed
+seventeen, to twelve of which the senate agreed. Only ten, however, were
+ratified by the legislatures of three-fourths of the states. They are, of
+course, the first ten among those that follow. It was decided by the same
+congress that the amendments should not be incorporated into the main body
+of the constitution, but should be appended to it as distinct articles.
+They have, however, the same force as the original constitution.
+
+
+ARTICLE I.
+
+FREEDOM OF RELIGION, OF SPEECH, AND OF ASSEMBLY.
+
+_Congress shall make no law respecting an establishment of religion, or
+prohibiting the free exercise thereof;[1] or abridging the freedom of
+speech or of the press;[2] or the right of the people peaceably to
+assemble and to petition the government for a redress or grievances.[3]_
+
+[1] The chief purpose for which many of the early settlers came to America
+was that they might "worship God according to the dictates of their own
+conscience." Hence their descendants put _first_ among the individual
+rights to be protected, this freedom of religion. But this provision does
+not authorize any one to commit crime in the name of religion.
+
+[2] The only limitation upon speech in this country is that the rights of
+others be respected. Any one may think as he pleases upon any subject, and
+may freely express his opinion, provided that in doing so he does not
+trespass upon the rights of others.
+
+[3] It would seem that under a republican form of government this right
+might be assumed to be secure. The provision is meant to "make assurance
+doubly sure." History had shown the necessity of such precaution.
+
+
+ARTICLE II.
+
+RIGHT TO BEAR ARMS.
+
+_A well-regulated militia being necessary to the security of a free state,
+the right of the people to keep and bear arms shall not be infringed._
+
+It should not be the policy of a republic to keep a large standing army.
+An army is expensive, it takes so many men from productive industries, and
+it is dangerous to liberty--it may from its training become the instrument
+of tyranny.
+
+But a republic must have defenders against foes foreign or domestic. A
+well-trained militia may be depended upon to fight with valor against a
+foreign foe, and may at the same time serve as a check upon usurpation.
+
+For definition of _militia_, see page 162.
+
+
+ARTICLE III.
+
+QUARTERING SOLDIERS.
+
+_No soldier shall, in time of peace, be quartered in any house without the
+consent of the owner, nor in time of war, but in a manner to be described
+by law._
+
+To "quarter" soldiers in any house is to allot them to it for food and
+shelter.
+
+This, it will be remembered, was one of the grievances of the colonies.
+This quartering of soldiers had been, and indeed is in some countries to
+this day, a mode of watching and worrying persons for whom officers of the
+government entertained suspicion or ill will.
+
+
+ARTICLE IV.
+
+SECURITY AGAINST UNWARRANTED SEARCHES.
+
+_The right of the people to be secure in their persons, houses, papers,
+and effects, against unreasonable searches, and seizures, shall not be
+violated, and no warrants shall issue, but upon probable cause, supported
+by oath or affirmation, and particularly describing the place to be
+searched, and the persons or things to be seized._
+
+This, as well as the preceding provision, recognizes the maxim, "A man's
+house is his castle." It prevents the issuance of general warrants.
+
+
+ARTICLE V.
+
+SECURITY TO LIFE, LIBERTY AND PROPERTY.
+
+_No person shall be held to answer for a capital or otherwise infamous
+crime unless on a presentment or indictment of a grand jury,[1] except in
+cases arising in the land or naval forces, or in the militia when in
+actual service in time of war, or public danger;[2] nor shall any person
+be subject for the same offense to be twice put in jeopardy of life or
+limb;[3] nor shall be compelled in any criminal case to be a witness
+against himself,[4] nor be deprived of life, liberty, or property, without
+due process of law;[5] nor shall private property be taken for public use
+without just compensation.[6]
+
+[1] For information in regard to the method of conducting criminal trials,
+see Division I.
+
+[2] The necessity here for prompt and exact obedience to orders is so
+urgent, that summary methods of trial must be permitted.
+
+For information regarding trial by court martial, see appendix, page 338.
+
+[3] That is, when a jury has rendered its verdict and judgment has been
+pronounced, the accused cannot be compelled to submit to another trial on
+the same charge. But if the jury disagrees and fails to bring in a
+verdict, he may be tried again.
+
+[4] Accused persons used to be tortured for the purpose of extorting from
+them a confession of guilt.
+
+[5] In a despotism, the lives, liberty and property of the people are at
+the command of the ruler, subject to his whim. [6] For an illustration
+of the method of securing private property for public use, see page 18.
+
+
+ARTICLE VI.
+
+RIGHTS OF ACCUSED PERSONS.
+
+_In all criminal prosecutions the accused shall enjoy the right to a
+speedy[1] and public[2] trial by an impartial jury[3] of the state and
+district wherein the crime shall have been committed, which district shall
+have been previously ascertained by law,[4] and to be informed of the
+nature and cause of the accusation;[5] to be confronted with the witnesses
+against him;[6] to have compulsory process for obtaining witnesses in his
+favor;[7] and to have the assistance of counsel for his defense.[8]_
+
+The importance of this provision is likely to be underestimated. Says
+Montesquieu, "Liberty consists in security. This security is never more
+attacked than in public and private accusations. It is, therefore, upon
+the excellence of the criminal laws that chiefly the liberty of the
+citizen depends." And Lieber, in his very able work on Civil Liberty and
+Self-Government, says, "A sound penal trial is invariably one of the last
+fruits of political civilization, partly because it is one of the most
+difficult of subjects to elaborate, and because it requires long
+experience to find the proper mean between a due protection of the
+indicted person and an equally due protection of society.... It is one of
+the most difficult things in all spheres of action to induce irritated
+power to limit itself."
+
+Besides the guarantees of the constitution, Lieber mentions the following
+as characteristic of a sound penal trial: the person to be tried must be
+present (and, of course, living); every man must be held innocent until
+proved otherwise; the indictment must be definite, and the prisoner must
+be allowed reasonable time to prepare his defense; the trial must be oral;
+there must be well-considered law of evidence, which must exclude hearsay
+evidence; the judge must refrain from cross-examining witnesses; the
+verdict must be upon the evidence alone, and it must be _guilty_ or _not
+guilty;_ [Footnote: In some countries the verdict may leave a stigma upon
+an accused person, against whom guilt cannot be proven. Of this nature was
+the old verdict, "_not proven._"] the punishment must be in proportion to
+the offense, and in accordance with common sense and justice; and there
+must be no injudicious pardoning power, which is a direct interference
+with the true government of law.
+
+Most, if not all but the last, of the points mentioned by Dr. Lieber are
+covered by that rich inheritance which we have from England, that
+unwritten constitution, the common law. The question of how best to
+regulate the pardoning power is still unsettled.
+
+[1] He may have his trial at the next term of court, which is never very
+remote. But the accused may, at his own request, have his trial postponed.
+
+[2] Publicity is secured by the keeping of official records to which all
+may have access, by having an oral trial, by the admission of spectators
+to the court room, and by publication of the proceedings in the
+newspapers.
+
+[3] For the mode of securing the "impartial jury," see page 63.
+
+[4] It is provided in the body of the constitution (III., 2, 3,) that
+criminal trial shall be by jury, and in the state where the crime was
+committed. This amendment makes the further limitation that the trial
+shall be in the _district_ where the crime was committed, so a person
+accused of crime cannot be put to the trouble and expense of transporting
+witnesses a great distance.
+
+[5] The nature of the accusation is specified in the _warrant_ and in the
+indictment, both of which, or certified copies of them, the accused has a
+right to see.
+
+[6] Not only do the witnesses give their evidence in the presence of the
+accused, but he has also the right to cross-examine them.
+
+[7] But for this "compulsory process" (_called a subpoena_), persons
+entirely guiltless might be unable to produce evidence in their own
+behalf. The natural desire of people to "keep out of trouble" would keep
+some knowing the circumstances of the case from giving their testimony,
+and others would be afraid to speak up for one under a cloud and with all
+the power of the government arrayed against him.
+
+[8] The accused may plead his own cause, or he may engage a lawyer to do
+it for him. If he is too poor to employ counsel, the judge appoints a
+lawyer to defend him, whose services are paid for out of the public
+treasury.
+
+From the foregoing, it will be seen that great care is exercised to give a
+person accused of crime full opportunity to defend himself. And it must be
+remembered in this connection that it is a principle of our jurisprudence
+that _the burden of proof lies upon the government_. That is, the accused
+is to be deemed innocent until he is _proved_ guilty. We prefer that a
+number of guilty persons should escape punishment rather than that one
+innocent person should suffer.
+
+
+ARTICLE VII.
+
+JURY TRIAL IN COMMON LAW SUITS.
+
+_In suits at common law,[1] where the amount in controversy shall exceed
+twenty dollars, the right of trial by jury shall be preserved; and no fact
+tried by a jury shall be otherwise re-examined in any court of the United
+States, than according to the rules of common law.[2]_
+
+[1] The meaning of this expression is difficult of explanation, but it
+covers most ordinary lawsuits. From the fact that a jury in criminal cases
+has already been guaranteed (III., 2, 3, and Am. VI.), it may be assumed
+that this provision is intended to cover civil suits.
+
+[2] Among the "rules of common law" are these: 1. All suits are tried
+before a judge and a jury, the jury determining the _facts_ in the case
+and the judge applying the _law_. 2. The facts tried by a jury can be
+re-examined only by means of a new trial before the same court or one of
+the same jurisdiction.
+
+The purpose of this provision is to preserve the jury trial as a real
+defense against governmental oppression. In the Supreme Court there is no
+jury; the trials are by the court. If questions of _fact_ could be
+reviewed or re-examined by such a court on appeal the protection now given
+by the jury would be nullified.
+
+
+ARTICLE VIII.
+
+EXCESSIVE BAILS, FINES AND PUNISHMENTS FORBIDDEN.
+
+_Excessive bail shall not he required, nor excessive fines imposed, nor
+cruel and unusual punishments inflicted._
+
+Having enjoyed the protection of this and similar provisions for so many
+years, we can hardly appreciate their value. It must be borne in mind that
+those who "ordained and established" the constitution had been abused in
+just these ways, and that in this provision they provided against a real
+danger.
+
+
+ARTICLE IX.
+
+UNSPECIFIED PERSONAL RIGHTS PRESERVED.
+
+_The enumeration in the constitution of certain rights shall not be
+construed to deny or disparage others retained by the people._
+
+Certain rights which governments are prone to trample on have been
+mentioned in the preceding provisions. But not all of the personal rights
+could be enumerated. Hence this provision covering those unnamed.
+
+
+ARTICLE X.
+
+THE UNITED STATES GOVERNMENT ONE OF LIMITED POWERS.
+
+_The powers not delegated to the United States by the constitution, nor
+prohibited by it to the states, are reserved to the states respectively,
+or to the people._
+
+This provision gives a rule for interpreting the constitution. "It is
+important as a security against two opposite tendencies of opinion, each
+of which is equally subversive of the true import of the constitution. The
+one is to _imply_ all powers, which may be useful to the national
+government, which are not _expressly prohibited;_ and the other is, to
+_deny_ all powers to the national government which are not _expressly
+granted_." [Footnote: Story] The United States is "a government of limited
+powers," and has only such implied powers as are necessary to carry out
+the express powers. On the other hand, a state has all powers not denied
+to it by the state or federal constitutions.
+
+
+_Pertinent Questions._
+
+What is the general purpose of the first ten amendments? Do they restrict
+the general government or the state governments, or both? When and how
+were these amendments proposed? When and how ratified? What three
+limitations to the power of amendment does the constitution contain?
+
+Is there any "established" or state church in the United States? How do
+you suppose that this came about? Are we as a people indifferent to
+religion? Can a person say what he pleases? Can he publish whatever
+opinions he pleases? What is _slander?_ _Libel?_ Why should these last two
+questions be asked here? Petition whom? What's the good of petitioning?
+What petitions did you learn about at the beginning of this study? Can
+soldiers in the regular army petition? Why? Has the "right of petition"
+ever been denied in this country?
+
+Wherein is a standing army dangerous to liberty? Is this true of the navy?
+How is a "well-regulated militia" a check upon usurpation of authority?
+Does Amendment II. authorize you to keep a revolver? To carry it in your
+pocket? How often is the army mentioned in the Declaration of
+Independence, and what is said?
+
+What are the objections to "quartering" soldiers in a private house? Does
+the amendment protect tenants? Why the exception in the amendment? What
+mention of quartering soldiers in the Declaration of Independence?
+
+Get and read a warrant of arrest. A search warrant. Has a warrant always
+been needed as authority for arrest? Are arbitrary arrests, searches and
+seizures permitted in any civilized countries today?
+
+What is a capital crime? An infamous crime? A presentment? An indictment?
+A grand jury? How do the proceedings of a grand jury compare with those of
+a petit jury? Why the differences? Why the exception in the first clause
+of the amendment? Can a convicted and sentenced person ask for a new
+trial? Under what other circumstances can persons be tried again? In what
+connections have you heard of private property being taken for public use.
+
+Taking each guarantee in the sixth amendment, show the wrongs which an
+accused person, presumably innocent, would suffer if the provision were
+not recognized or that guarantee removed.
+
+Find out all you can about _common law_. What is meant by a _civil_ suit
+as distinguished from a _criminal_ suit? What is meant by a case in
+_equity?_ When an appeal is taken what is subject to re-examination? What
+is not? Why?
+
+What conditions determine the just amount of bail? Of fines? What cruel
+punishments have you heard or read of as being administered by public
+authority? When and where were such punishments not "unusual"? Was the
+eighth amendment necessary? What limit is there to things which "The
+People" may do? To the powers of the United States government? To those of
+a State government?
+
+Find the history behind each provision in the ten amendments. From what
+country did we obtain the notions that the rights here preserved belong to
+freemen? From under what other country could the Colonies have come ready
+to be the United States as we love it, or from what other country could we
+have inherited such notions?
+
+Since these ten amendments are intended for the protection of individuals
+against governmental oppression, it will be an excellent scheme now for
+the student to arrange in the form of a tabulation the various directions
+in which such protection is guaranteed by the constitution as amended. The
+following is simply suggestive:
+
+I. From Legislative Oppression.--1. Thought; 2. Expression; 3. Bills of
+Attainder; 4. _Ex post facto_ laws; 5. Social distinctions; 6. Assembly;
+7. Petition.
+
+II. From Executive Oppression.-1. Military; 2. Searches and seizures; 3.
+Life, Liberty, or Property; 4. Suspension of _Habeas Corpus_.
+
+III. From Judicial Oppression.-1. Before trial: arrest, bail, information
+as to accusation, time of trial; 2. During trial: publicity, jury,
+evidence, counsel, punishment; 3. After trial: retrial; 4. Treason.
+
+IV. From State oppression.
+
+
+ARTICLE XI.
+
+LIMITING THE JURISDICTION of UNITED STATES COURTS.
+
+_The judicial power of the United States shall not be construed to extend
+to any suit in law or equity,[1] commenced or prosecuted against one of
+the United States[2] by citizens of another state, or by citizens or
+subjects of any foreign state.[3]_
+
+[1] Equity is hard to define. According to Aristotle it is "the
+rectification of the law, when, by reason of its universality, it is
+deficient." Blackstone says, "Equity, in its true and genuine meaning, is
+the soul and spirit of all law.... Equity is synonymous with justice." It
+is the province of law to establish a code of rules whereby injustice may
+be prevented, and it may therefore be said that all law is equitable. "In
+a technical sense, the term equity is applied to those cases not
+specifically provided for by positive law." (See page 208; also Dole's
+Talk's About Law, page 502.)
+
+[2] According to III. 2, a state could be sued for a debt the same as an
+individual, and shortly after the adoption of the constitution several of
+them were sued for debts incurred during the Revolutionary War. Pride and
+poverty both prompted the states to desire immunity from such suits. Hence
+the adoption of this amendment. (See page 209.)
+
+[3] A non-resident secures the payment of a debt due from a state in the
+same way as a resident--by legislative appropriation.
+
+
+ARTICLE XII.
+
+MODE OF CHOOSING THE PRESIDENT AND VICE-PRESIDENT.
+
+The amendment has been discussed in connection with Article II. of the
+constitution, pages 184-6.
+
+
+ARTICLE XIII.
+
+ABOLITION OF SLAVERY.
+
+_1. Neither slavery nor involuntary servitude, except as a punishment for
+crime, whereof the party shall have been duly convicted, shall exist
+within the United States, or any place subject to their jurisdiction._
+
+_2. Congress shall have power to enforce this article by appropriate
+legislation._
+
+This amendment, one of the "first fruits" of the Civil War, put an end to
+slavery in the United States. The wording was taken, almost verbatim, from
+the Ordinance of 1787.
+
+
+ARTICLE XIV.
+
+MISCELLANEOUS RECONSTRUCTION PROVISIONS.
+
+SECTION I.--"CITIZEN" DEFINED. PRIVILEGES GUARANTEED.
+
+_All persons born or naturalized in the United States, and subject to the
+jurisdiction thereof, are citizens of the United States and of the state
+wherein they reside.[1] No state shall make or enforce any law which shall
+abridge the privileges or immunities of citizens of the United States; nor
+shall deprive any person of life, liberty or property, without due process
+of law, nor deny to any person within its jurisdiction the equal
+protection of the laws.[2]_
+
+[1] This provision defines citizenship. It was worded with the special
+view of including the negroes. It embodies the principle of the Civil
+Rights Bill, and is intended to guarantee to the negroes the protection
+implied in citizenship.
+
+[2] Some of the amendments impose limitations only on the general
+government. Lest the states in which slavery had recently been abolished
+should endeavor to oppress the ex-slaves this provision was made as a
+limitation upon the states.
+
+But this provision is general in it nature, and by means of it the United
+States can protect individuals against oppression on the part of the
+states. Pomeroy [Footnote: Constitutional Law, p. 151.] regards this as
+the most important amendment except the thirteenth.
+
+
+SECTION II.--BASIS of REPRESENTATION.
+
+_Representatives shall be apportioned among the several states according
+to their respective numbers, counting the whole number of persons in each
+state, excluding Indians not taxed. But when the right to vote at any
+election for the choice of electors for president and vice-president of
+the United States, representatives in congress, the executive and judicial
+officers of a state, or the members of the legislature thereof, is denied
+to any of the male inhabitants of such state, being twenty-one years of
+age, and citizens of the United States, or in any way abridged, except for
+participation in rebellion or other crime, the basis of representation
+therein shall be reduced in the proportion which the number of such male
+citizens shall bear to the whole number of male citizens twenty-one years
+of age in such state._
+
+Each state determines who may vote within its borders. This provision was
+intended as an _inducement_ to the former slave states to grant franchise
+to the colored men. It does not _compel_ them to do this. But granting the
+franchise increases their representation. The fifteenth amendment is more
+_imperative_ in this direction.
+
+
+SECTION III.--DISABILITIES of REBELS.
+
+_No person shall be a senator or representative in congress, or elector of
+president or vice-president, or hold any office, civil or military, under
+the United States, or under any state, who, having previously taken an
+oath, as a member of congress, or as an officer of the United States, or
+as a member of any state legislature, or as an executive or judicial
+officer of any state, to support the constitution of the United States,
+shall have engaged in insurrection or rebellion against the same, or given
+aid or comfort to the enemies thereof.[1] But congress may, by a
+two-thirds vote of each house, remove such disability.[2]_
+
+[1] The primary purpose of this provision was to exclude from public
+office those who in the Civil War, by entering the service of the
+Confederate States, broke an oath previously taken. Though the persons
+whom it was immediately intended to affect will soon all be "with the
+silent majority," the provision, by being made part of the constitution,
+will remain a warning to all in the future.
+
+[2] The disabilities have been removed from all but a few of those
+immediately referred to. This clause seems to put another limitation upon
+the power of the president to grant pardons. From 1862 to 1867 the
+president had been specially authorized by congress to grant amnesty to
+political offenders. And in 1867 President Johnson continued to grant such
+amnesty, denying the power of congress to put any limitation upon the
+president's pardoning power. But this provision specifically places the
+power to relieve certain disabilities in the hands of congress. The
+"two-thirds" vote is required in order that such disabilities may not be
+easily removed.
+
+
+SECTION IV.--PUBLIC DEBT.
+
+_The validity of the public debt of the United States, authorized by law,
+including debts incurred for the payment of pensions, and bounties for
+services in suppressing insurrection or rebellion, shall not be
+questioned. But neither the United States nor any state shall assume or
+pay any debt or obligation incurred in aid of insurrection or rebellion
+against the United States, or any claim for the loss or emancipation of
+any slave, but all such debts, obligations and claims shall be held
+illegal and void._
+
+_Congress shall have power to enforce, by appropriate legislation, the
+provisions of this article._
+
+This section needs little comment. It means simply that any expense
+incurred on the part of government in suppressing rebellion _shall be
+paid_; and that debts incurred in aid of rebellion _shall not be paid_. It
+applies not only to the late Civil War but to all future wars of the same
+kind.
+
+
+ARTICLE XV.
+
+SUFFRAGE.
+
+_The right of citizens of the United States to vote shall not be denied or
+abridged by the United States, or by any state, on account of race, color,
+or previous condition of servitude._
+
+_Congress shall have power to enforce this article by appropriate
+legislation._
+
+This amendment was intended to put negroes upon the same footing as white
+people in the matter of suffrage.
+
+Each state, as has previously been stated, prescribes the qualifications
+of voters within its borders. It may require that they be fifteen or
+twenty-five or twenty-one or any other number of years old; it may or may
+not require a property qualification; it may or may not require an
+educational qualification; it may include or exclude women as voters; it
+may draw the line at imbeciles and felons, but it cannot draw the color
+line. A black citizen must be permitted to vote upon the same conditions
+as a white one.
+
+
+_Pertinent Questions._
+
+What is meant by a state "repudiating" a debt? What states have done so?
+What reason did each assign for doing so? Can a city repudiate? A county?
+
+Were amendments XIII., XIV., and XV. constitutionally adopted? [Footnote:
+See Wright, 284; Andrews, 272; and Pomeroy, 76.]
+
+How was slavery abolished in each of the states? [Footnote: See page 343.]
+What does the emancipation proclamation say about slavery? Can slavery
+exist in Alaska? Why?
+
+Are you a citizen of the United States? How may an alien become a citizen?
+May a person be a citizen of the United States without being a citizen of
+any state? A citizen of a state without being a citizen of the United
+States? [Footnote: See Wright, 287.] How does a citizen of the United
+States become a citizen of a certain state? What are some of the
+"privileges and immunities" of a citizen of the United States? [Footnote:
+See Wright, 287.] Can a Chinaman become a citizen? An Indian? Does this
+section give women the right to vote?
+
+What provision of the constitution is amended by the second clause of the
+fourteenth amendment? What change is made? How often does the "counting"
+take place? What is it called? When will the next one occur? Has the
+penalty mentioned in the second clause ever been inflicted?
+
+Name persons affected by the third clause of the fourteenth amendment.
+Name persons from whom the disabilities have been removed. How were they
+removed? Name persons against whom the disabilities still lie. May they
+vote? What provision of the original constitution is affected by the last
+sentence of this clause, and how is it modified?
+
+How much money was expended in suppressing the rebellion? How was it
+raised? How much debt has been paid? How much remains unpaid? Did you ever
+see a United States bond or note? How much is a confederate bond for $1000
+worth? Why? Have any emancipated slaves been paid for by the government?
+
+What is the necessity of the clause commencing, "The congress shall have
+power?"
+
+What is secured to negroes by the thirteenth amendment? By the fourteenth?
+By the fifteenth? Name persons who are citizens but cannot vote. Name
+three eminent colored men.
+
+What clause could be omitted from the constitution without affecting it?
+
+
+
+
+PART IV.
+
+GOVERNMENT IN GENERAL.
+
+
+
+
+CHAPTER XXX.
+
+FORMS OF GOVERNMENT.
+
+
+Classification.--Aristotle divided governments into three chief classes,
+based upon the number of persons constituting the governing element, as
+follows: government by _one_, monarchy; by the _few_, oligarchy; by the
+_many_, democracy.
+
+Subdivisions of these classes may be made as follows.
+
+1. By _one_, monarchy; hereditary or elective; absolute or limited.
+
+2. By the _few_, oligarchy or aristocracy.
+
+3. By the _many_, democracy or republic.
+
+Definitions and examples.--A hereditary monarchy is one in which the
+succession is acquired by birth, the usual order being from father to
+eldest son; examples, England, Prussia, etc.
+
+An elective monarchy is one in which the succession is by election; the
+term for life; example, the old German empire, in which the emperor was
+chosen by certain princes called "electors." [Footnote: Our mode of
+electing a president may have been suggested in part by this old
+practice.]
+
+An absolute monarchy is one in which the three functions of government as
+related to law--the legislative, executive and judicial--are all vested in
+one person; examples, Russia and Turkey in Europe, and most of the
+countries of Asia and Africa.
+
+A limited monarchy is one in which the sovereign's power is confined
+chiefly to executing the laws framed and interpreted by other departments;
+examples, England, and most of the other countries of Europe.
+
+An oligarchy is that form of government in which the supreme power is
+vested in the hands of a few (_oligos_, few); example, the triumvirates of
+Rome.
+
+An aristocracy is really a government by the best (_aristos_, the select,
+the best). This is the sense in which the word was first used. It has come
+to mean government by a privileged class. Aristocracy seldom, if ever,
+exists alone.
+
+A democracy is that form of government in which the functions are
+administered directly by the people, only the clerical or ministerial work
+being done by officers, and they appointed by the people; examples, the
+old German tribes, some of the states of ancient Greece, some of the
+present cantons of Switzerland, the early settlements of New England, and
+in a limited sense our own school districts and towns.
+
+A republic is a representative democracy. A democracy is practicable only
+within a very limited area. When the area grows large the people must
+delegate much of work of government to representatives. Examples, the
+United States, each state in the Union, Switzerland, and most of the
+countries of America.
+
+The Origin of Each Typical Form.--Monarchy and oligarchy both probably owe
+their existence to war. The successful chieftain or leader in war became
+the king, and his retainers or followers became the privileged classes.
+Those who were subdued either became slaves or were simply "the common
+people." Democracy had its beginnings, and flourishes best, in times of
+peace. The people, though they had to fight again and again to secure
+recognition, have really won their right to it by the arts of peace.
+
+The Criteria of Good Government.--Among the tests by which the goodness or
+badness of a government, or form of government, may be determined, are the
+following:
+
+1. A good government is _stable_. Stability is the foundation of
+worthiness of character in governments as well as in persons. The basis of
+progress is permanence--one cannot grow wise, or rich, or strong, unless
+he can preserve at least a part of what he gains. "Conduciveness to
+progress includes the whole excellence of government." [Footnote: Mills
+Representative Government.]
+
+2. A good government _tends to increase the sum of good qualities in the
+governed_. Strength comes from exercise. Therefore a government is
+excellent in proportion as it works up to the possibilities of a people
+for self-government and fits them to go on advancing in intellectual and
+moral power.
+
+3. A good government _has proper machinery_. This should be "adapted to
+take advantage of the amount of good qualities which may at any time
+exist, and make them instrumental to right purposes." [Footnote: Mills
+Representative Government.]
+
+"Representative Government the Ideally Best Polity."--Every student who
+has access to Mills' Representative Government should read the chapter
+with the heading at the beginning of this paragraph. He combats the
+proposition, "if a good despot could be insured, despotic monarchy would
+be the best form of government." Granting that much good might be done, he
+shows that the very passivity of the people must result in deterioration,
+"that is, if the nation had ever attained anything to decline from." On
+the other hand, he shows that participation in public affairs gives a
+mental and moral training otherwise unattainable. After showing the nature
+of the mental development acquired, he says: "Still more salutary is the
+moral part of the instruction afforded by the participation of the private
+citizen, if even rarely, in public functions. He is called upon, while so
+engaged, to weigh interests not his own; to be guided, in case of
+conflicting claims by another rule than his private partialities; to
+apply, at every turn, principles and maxims which have for their reason of
+existence the general good; and he usually finds associated with him in
+the same work minds more familiarized than his own with these ideas and
+operations, whose study it will be to supply reasons to his understanding,
+and stimulation to his feeling for the general good. He is made to feel
+himself one of the public, and whatever is their interest to be his
+interest. Where this school of public spirit does not exist ... a
+neighbor, not being an ally or an associate, since he is never engaged in
+any common undertaking for the joint benefit, is therefore only a rival."
+
+Dangers in Each Form of Government.--While each of the typical forms has
+merits of its own,--the monarchy having stability, the aristocracy
+securing the benefit of inherited good qualities, and democracy the
+advantages referred to in the preceding paragraph--there is danger in each
+form. Monarchy continually tends toward that inconsiderate exercise of
+power which we call tyranny. Aristocracy tends toward oligarchy;
+government by the _best_ is prone to decline into government by the _few_
+without regard to qualification. And democracy is in danger of
+degenerating into mob rule.
+
+Every Government Aims to be Aristocratic.--That is, each government in
+theory seeks to have those rule who are best fitted to manage public
+affairs. This is the thought, for instance, in our requiring certain
+qualifications in voters and office-holders.
+
+Our Own Government.--We fondly believe that our own government combines to
+a high degree the excellencies of all the forms.
+
+Our hope for stability lies chiefly in the fact that our corner stone is
+eternal justice, the equality of all men before the law. Even the severe
+shock of civil war has been endured, and our system is more strongly
+intrenched in the confidence of the world than ever before.
+
+We believe in the potency of good blood and good training. But the worth
+of each individual must be _shown_, it will not be taken for granted. We
+will neither lift him up because he is "his father's son," nor cast him
+down because his father was unworthy.
+
+Situated as we are, with no powerful rivals near us, with the ocean
+between us and the countries of Europe, the common defense requires no
+great standing army to eat up our substance and to menace our liberties.
+Living in the north temperate zone, the belt of highest civilization, in a
+country capable of producing almost everything desirable, there is every
+reason to believe that, if we are true to ourselves and our opportunities,
+we may long enjoy prosperity and peace.
+
+
+_Debate_.
+
+Resolved, That universal suffrage is dangerous to the well being of
+society.
+
+
+
+
+PART V.
+
+COMMERCIAL LAW.
+
+
+RESPONSIBILITY.
+
+_Ignorance of the law is no excuse._
+
+At first sight this would seem unjust, since no one but a lawyer can be
+expected to have much legal knowledge. But as law is simply common sense
+applied, the exercise of ordinary judgment is usually sufficient to enable
+a person to act safely.
+
+To present a few of the more common principles of commercial law, is the
+purpose of the following pages.
+
+
+
+
+CHAPTER XXXI.
+
+CONTRACTS.
+
+
+Definitions.--A contract is an agreement between two or more parties,
+containing on the one hand an _offer_ and on the other an _acceptance_.
+
+Contracts are _express_ or _implied_. An express contract is one whose
+terms are definitely stated in words; an implied contract is one whose
+terms are understood from the circumstances. A written contract is express;
+an oral contract may be express or implied.
+
+Fundamental Principles.--Every one able to contract is free to enter into
+any agreement not forbidden by law. Every such person is bound to fulfill
+every legal contract that he makes.
+
+Essential to a Contract.--To be binding, however:
+
+_1. A contract must be to do a lawful act._
+
+Most contracts are permitted by law. But a contract the carrying out of
+which is recognized as subversive of justice, morality, or the general
+welfare, is illegal, and therefore void.
+
+_2. The thing contracted to be done must be possible in its nature._
+
+That a person finds it impossible _under the circumstances_ to live up to
+his contract should not and does not release him from responsibility.
+
+_3. The parties to the agreement must be competent to contract._
+
+Persons not able to contract are minors, lunatics, idiots and drunk
+people, and married women (except in some states in relation to their
+separate estates). The purpose of this arrangement is to protect those who
+cannot protect themselves. A minor may, however, enforce a contract if he
+chooses to do so. A contract with a minor for the necessaries of life,
+when they are not or cannot be furnished by a parent or guardian, is
+valid. And any contract ratified by a minor after coming of age is binding
+upon him. A person unable to contract personally cannot contract through
+an agent. But he may act as an agent.
+
+_4. The parties to the contract must assent to it._
+
+The assent must be voluntary. It may be given by words, by acts, or by
+accepting the benefits of the offer. If acceptance is by letter, the
+contract is complete when the letter of acceptance is mailed. The parties
+must assent to the same thing. Assent imposing a new condition is no
+assent.
+
+_5. The promise must be for a consideration._
+
+The law will not compel a person to give something for nothing. But the
+amount of the consideration is usually unimportant, so long as it is
+reasonable. Anything is a consideration which is of benefit to the person
+promising or of loss or inconvenience to the other. An illegal
+consideration is, however, not a consideration; nor is the performance of
+a moral duty, nor the doing of what would be a legal duty without the
+promise in question. If the consideration fails, the contract fails. One
+has no right to sue on a contract unless he has performed or offered to
+perform his part.
+
+_6. The contract must be made without fraud._
+
+Fraud may be practiced in two ways, by making statements known to be false
+or by concealing facts that ought to be revealed. But if the parties meet
+on equal terms, with the same sources of information, and if nothing is
+done to conceal faults, there is no fraud in law. "Let the buyer beware,"
+is an ancient maxim, and a buyer must exercise reasonable diligence and
+prudence. Fraud absolves the injured party, but the defrauding party may
+be held to the contract; that is, the contract is voidable at the option
+of the party deceived.
+
+_7. Some contracts must be in writing._
+
+The principal classes of commercial contracts which must be in writing to
+be binding, are: (a) agreements for the sale of property of more than a
+certain value; (b) agreements of guaranty; (c) agreements not to be
+performed within a year.
+
+In the famous English "Statute of Frauds," which is the basis of the
+American local statutes on matters referred to in this section, the value
+of personal property requiring written contract was ten pounds or fifty
+dollars. In the United States the value varies in different states from
+$30 to $200. But if part of the property is delivered or part of the
+purchase money is paid the whole contract is binding, even if not in
+writing.
+
+A guaranty is an agreement by which a person warrants that a certain third
+person shall duly perform an engagement. Thus if A obtains goods from B
+upon the assurance of C that they will be paid for, C is said to guarantee
+the debt.
+
+A contract which _may_ be performed within a year does not come under the
+statute, even if such performance seems improbable at the time of making
+the contract.
+
+The style of the writing is immaterial--it may be formal or informal, in
+ink or pencil. It may be made by the principal or by his agent.
+
+
+_Pertinent Questions._
+
+How are the laws--legislative enactments and decisions of the Supreme
+Court--made public? Why are they thus published?
+
+Tell whether the following agreements are valid contracts or not, and why:
+
+1. An agreement to print a libel. A lease of a house for gambling
+purposes. A contract executed on Sunday. A contract for work to be done
+for five consecutive days, beginning on Friday. How would it affect the
+case if the work were the removing of goods from a building in imminent
+danger of falling? The agreement of a tinsmith never again to work at his
+trade. His agreement not to work at it within a specified time or in a
+certain town.
+
+2. An agreement to swim across the ocean. To pay for a horse at the rate
+of one kernel for the first nail in the horse's shoes, two for the second,
+four for the third, eight for the fourth, and so on. To deliver goods at a
+certain time, though the delivery at the proper time may be prevented by
+some accident. Is a person released from responsibility by sickness?
+
+3. An agreement by an orphan to pay for necessaries at some future time.
+If the price charged is exorbitant, is he bound to pay it or only a fair
+market price? A man while drunk buys a horse for which he has no use, but
+after becoming sober continues to use the horse. If the price is
+excessive, how much must he pay? When a married women buys goods on
+credit, is she acting as the principal or as her husband's agent?
+
+4. An order for goods to be sent to a man's house, nothing being said
+about payment. An offer retracted before acceptance. An offer for a
+certain horse; an acceptance under the impression that a different horse
+is meant. A service permitted though uninvited; give an example. A man in
+St. Paul offers by letter a certain piece of property at a certain price
+to a man in Chicago; an hour after mailing the letter he changes his mind;
+how can he prevent a contract?
+
+5. A agrees to give B $25 for a silver dime. But if this particular dime
+were of a rare kind and desired by A, a wealthy coin collector, to
+complete a set, would the consideration be sufficient? An offer shouted
+from a fourth story window just as the roof is about to fall, in
+consequence of which offer a fireman at unusual personal risk successfully
+attempts the rescue. An offer and acceptance for a horse which is
+afterwards discovered to have been dead at time of sale. A promise made
+under threat of spreading an infamous report. An agreement for the purpose
+of securing the postponement of the payment of a debt. How many
+"considerations" are there in a valid contract?
+
+6. The sale of an unfashionable "ready-made" suit of clothes, nothing
+being said about the style. The sale of a plated watch chain, the dealer
+permitting the purchaser to suppose it solid gold. The sale of a blind
+horse, nothing being said about its sight, no effort being made to conceal
+its blindness, and full opportunity for examination being given to the
+purchaser. The sale of a house and lot at a certain price, greater than
+the purchaser had at first intended to give, upon the representation of
+the seller that he had "been offered" such a sum. The purchase of a piece
+of land which unknown to the vendor contains a valuable mine, nothing
+being said to mislead said vendor.
+
+7. An oral order for goods to the value of $500. How does the buyer's
+receiving part of the goods affect the matter? How else could the contract
+be made binding? What position does a person assume by endorsing a note?
+By orally saying that a debt of another will be paid? An oral engagement
+made December first to work a year beginning January first.
+
+
+
+
+CHAPTER XXXII.
+
+AGENCY.
+
+
+Definitions.--An agent is a person authorized to act for another in
+dealing with third parties. The one for whom the agent acts is called the
+principal.
+
+Authority of Agent.--An agent's authority may be granted orally or in
+writing. When written it is called a "power of attorney." A general agent
+has all the authority implied in his employment. A special agent has only
+such authority as is specifically granted.
+
+Responsibility of the Principal.--Between the principal and his agent
+responsibility is determined by their contract. Expressly or impliedly the
+principal agrees to pay for the service rendered.
+
+It is in the principal's relation to third parties that the most important
+rule of agency appears. It is this: _The principal is responsible for the
+authorized acts of his agent_. The theory is that the acts are those of
+the principal, the agent being merely an instrument. And accordingly, the
+principal is bound not only by such acts of his agent as he has really
+authorized, but also by such as he _apparently_ authorizes.
+
+Responsibility of Agent.--The agent is responsible to his principal for
+any violation of their contract. Expressly or impliedly he is bound to
+obey orders, to exercise ordinary skill and care in the performance of his
+duty, and to refrain from putting his interests in adverse relation to
+those of his principal.
+
+To the third party the agent is not responsible, except in the following
+cases: When he specifically assumes responsibility, when he conceals the
+identity of his principal, when he exceeds his authority, or when he acts
+fraudulently.
+
+Termination of Agency.--An agency terminates at the death of either
+principal or agent. It may also be terminated by revocation of authority,
+which takes effect upon receipt of the notice, or by the bankruptcy or
+lunacy of the principal, judicially declared.
+
+
+_Pertinent Questions._
+
+In the following cases name the principal, the agent, and the third party:
+A clerk in a store; a man employed to sell goods by sample; a cashier in a
+bank; a conductor on a train; a commission merchant; a partner acting for
+a firm, a sheriff.
+
+May a minor act as principal? As agent? A watch left at a jeweler's store
+for repairs is injured by the workman; who is responsible to the owner? On
+account of a road overseer's neglect a horse is injured by stepping
+through a hole in a bridge; to whom shall the owner look for damages? If a
+person is notified that another claims to represent him as agent and he
+neglects to repudiate the claim, is he responsible for acts of the
+claimant as agent?
+
+May an agent having authority to fix prices sell to himself?
+
+May a clerk in a store take goods at regular marked prices?
+
+An agent transacts business after his principal's death but before he has
+received notice thereof, is the transaction binding upon the heirs?
+
+
+
+
+CHAPTER XXXIII.
+
+PARTNERSHIP.
+
+
+What it is.--Partnership is the relation existing between persons who have
+agreed to combine their property or skill for the prosecution of a given
+enterprise, and to share the profits or losses resulting therefrom.
+
+How Formed.--Partnership being a matter of agreement is subject to the law
+of contracts. When the agreement is in writing, it is called "articles of
+copartnership." The articles usually specify the parties and the firm
+name, the nature and the location of the business to be carried on, the
+investment of each party, the basis for apportioning profits and losses,
+and sometimes the duration of the co-partnership. There are generally
+other provisions, their nature depending upon the circumstances.
+
+Responsibility.--As to each other, the partners have the rights and duties
+which they agree upon.
+
+As to third parties, the two most important rules of law are: first, that
+_the firm is bound by the acts of each member_, in matters pertaining to
+the firm's business; second, _each member is liable for all the debts of
+the firm_.
+
+Dissolution.--If the duration of the partnership is not specified, it may
+be dissolved by any partner at any time. If its duration is specified, it
+expires, of course, by limitation or by mutual consent. In either case,
+the death of a partner dissolves the firm. If a partner becomes insane or
+acts fraudulently, the partnership may be dissolved by a decree of the
+court. The sale of an interest (which must have the consent of each
+partner) dissolves the partnership and forms a new one.
+
+Notice of Dissolution.--That the retiring partners may be freed from
+responsibility for new debts, if the dissolution be by sale of interest
+(and this is a very common way), notice of the dissolution must be given
+to the world, and special notice of the fact must be given to those from
+whom the firm has been in the habit of buying.
+
+Limited Partnership.--In most states, what is called a limited partnership
+may be formed, whereby the responsibility of some of the partners may be
+limited to their investment in the business. By this arrangement the
+private property of the special partners (as they are called) cannot be
+taken for debts of the firm.
+
+In such a case, however, it is but just, and the law therefore demands,
+that notice of the fact of limited responsibility be given and that no
+appearance of responsibility be assumed. To this end it is required: (a)
+that the articles of copartnership be in writing, and that they be
+published and recorded; (b) that the amount contributed by the special
+partners be actually paid in; (c) that the names of the special partners
+do not appear in the firm name; (d) that they take no active part in the
+management of the business.
+
+
+_Pertinent Questions._
+
+Why are partnerships formed? May one person invest money while another
+invests skill? Is a person who receives a percentage of his sales by way
+of salary a partner?
+
+Why cannot a partner sell his interest without consulting the other
+members of the firm? Why may the fraudulent act of a partner dissolve the
+firm? Why does the death of a member end the firm--that is, why not let
+his heir succeed to his right in the firm as he succeeds to his real
+estate?
+
+May the _private_ property of a partner be taken to satisfy the debts of
+his firm? May the firm's property be taken to satisfy the debt of one of
+its members? Can men dissolve their debts by dissolving their partnership?
+If one partner continues the business agreeing to pay all indebtedness of
+the firm, is the retiring partner released from obligation in relation to
+the debts? Show the justice of each requirement in case of special
+partners.
+
+
+
+
+CHAPTER XXXIV.
+
+CORPORATIONS.
+
+
+Purpose--Partnership enables a number of persons, as we have seen, to
+accomplish by combining their property and skill what would be
+unattainable by them acting individually.
+
+But the individual responsibility involved in partnership, and the
+difficulty of transferring interest, render necessary some other mode of
+combining capital for carrying on enterprises requiring vast resources,
+and, from their nature, demanding long time and freedom from interruption
+for their accomplishment. For instance, no one would dare to assume
+personal responsibility for the debts of a railroad, nor could such an
+enterprise be managed if every transfer of interest dissolved the company.
+The desired limitation of responsibility and facility of transfer of
+interest are secured by the formation of _corporations_.
+
+Nature.--But responsibility there must be, or the combination could
+transact no business. And responsibility depends upon personality--a
+_thing_ cannot be held responsible. As this personality does not exist
+aside from the persons of those uniting their resources, it must be
+created. The creative power is the legislature. The personality created is
+the corporation. [Footnote: From the Latin _corpus, corporis,_ a body.] A
+corporation is, therefore, an artificial or fictitious person, created
+under general law or by a special act of the legislature, [Footnote: This
+special act defining the powers and duties of the corporation is called
+its _charter_.] and capable of acting within prescribed limits as if it
+were a natural person, but beyond those limits incapable of acting at all.
+
+Management.--The persons who contribute to the capital of the corporation,
+or company, receive certificates of stock, that is, pieces of paper
+certifying that said persons own so many shares in the company. The
+capital, be it remembered, is the property of the corporation, not of the
+individuals. The number of these stockholders may be large or small, a
+dozen or a thousand. The general management of corporate business is
+necessarily entrusted to a small number of persons called directors. These
+are elected by the stockholders, each share having one vote. The directors
+select from their own number a president, a secretary, and other necessary
+officers. These persons and the other agents of the corporation carry out
+the policy determined upon by the directors.
+
+Why Limited in Powers.--The question suggests itself, Why can a
+corporation do only certain things? The most obvious answer is, that this
+is consequent upon its mode of creation. Being a creature of the
+legislature, it can have only those powers which are specifically or
+impliedly granted to it. But pushing the matter farther, it may
+pertinently be asked, Why doesn't the legislature endow it with power to
+do anything that may properly be done by a natural person? Two reasons, at
+least, appear. First, from the corporation's standpoint, it is a matter of
+business prudence to have its purpose and powers defined: (a) to enable it
+to secure subscribers to its stock, as no one would like to risk his money
+blindly; and (b) because thus only can the directors be held to
+accountability. Second, from the standpoint of the public, for whom the
+legislature acts, the defining is necessary in order that corporations may
+be controlled and dangerous combinations prevented.
+
+In this connection it may be noted that corporations are granted some
+privileges not possessed by individuals. For instance, private property
+such as land may be taken, even against the wishes of the owner, to permit
+the building of a railroad. This can be done, however, only on the ground
+of public good, and by giving the owner just compensation.
+
+Responsibility.--A corporation, like any other person is responsible for
+any contracts that it makes, within its charter. It necessarily acts
+entirely through agents, hence the law of agency has an important bearing
+upon all contracts with a corporation.
+
+Debts incurred lie against the corporation, not as a rule against the
+stockholders individually. Sometimes stockholders are by the charter made
+liable to limited extent, say to an amount equal to the par value of their
+stock.
+
+Dissolution.--Some companies are incorporated so that they may last
+forever. Others are incorporated for a specified time. The latter expire
+by limitation or by becoming insolvent. A corporation of either kind may
+secure dissolution by voluntarily surrendering its charter. And sometimes
+the legislature reserves in the charter the right to dissolve the company
+under certain conditions.
+
+The affairs of a corporation are usually closed up by a "receiver," who
+collects the bills, disposes of the property, pays the indebtedness as far
+as he can, and distributes the residue among the stockholders.
+
+COMPARISON OF PARTNERSHIP WITH CORPORATION.
+
+POINTS OF         PARTNERSHIP.                  CORPORATION.
+COMPARISON.
+
+1. Status.        A collection of natural       A fictitious person.
+                  persons.
+
+2. Formation.     By agreement.                 By legislative
+                                                enactment.
+
+3. Powers.        Those of natural persons.     Only those conferred
+                                                by law.
+
+4. Debts.         All partners liable for all   Stockholders not
+                  debts.                        usually liable.
+
+5. Transfer of    Dissolves partnership.        New stockholder
+interest by sale                                succeeds to shares of
+or death.                                       the old.
+
+
+_Pertinent Questions._
+
+Who constitute the managing body in a school district? In a town? In a
+village? In a city? In a county? In the state? In the United States?
+[Footnote: The United States: "Its charter, the constitution.... Its flag
+the symbol of its power; its seal, of its authority."--Dole.] In a
+railroad? In a mining company? In a bank? In a church? In a college?
+
+Write a list of all the corporations that you know or have ever heard of,
+grouping them under the heads _public_ and _private._
+
+How could a pastor collect his salary if the church should refuse to pay
+it?
+
+Could a bank buy a piece of ground "on speculation?" To build its
+banking-house on? Could a county lend money if it had a surplus? State the
+general powers of a corporation. Some of the special powers of a bank. Of
+a city.
+
+A portion of a man's farm is taken for a highway, and he is paid damages;
+to whom does said land belong? The road intersects the farm, and crossing
+the road is a brook containing trout, which have been put there and cared
+for by the farmer; may a boy sit on the public bridge and catch trout from
+that brook? If the road should be abandoned or lifted, to whom would the
+use of the land go?
+
+
+
+
+CHAPTER XXXV.
+
+COMMERCIAL PAPER.
+
+
+Kinds and Uses.--If a man wishes to buy some commodity from another but
+has not the money to pay for it, he may secure what he wants by giving his
+written promise to pay at some future time. This written promise, or
+_note_, the seller prefers to an oral promise for several reasons, only
+two of which need be mentioned here: first, because it is _prima facie_
+evidence of the debt; and, second, because it may be more easily
+transferred or handed over to some one else.
+
+If J.M. Johnson, of Saint Paul, owes C.M. Jones, of Chicago, a hundred
+dollars, and Nelson Blake, of Chicago, owes J.M. Johnson a hundred
+dollars, it is plain that the risk, expense, time and trouble of sending
+the money to and from Chicago may be avoided, and the indebtedness wiped
+out by J.M. Johnson ordering Nelson Blake to pay the hundred dollars to
+C.M. Jones. The written order to this effect, called a _draft_, would be
+sent to C.M. Jones, who would present it for payment to Nelson Blake, and
+upon receiving his money would turn _the draft_ over to Blake.
+
+To avoid the risk of being robbed, merchants and some others are in the
+habit of depositing each evening in a bank the receipts of the day, with
+the understanding that the money will be paid out, at any time, to any
+person whom they order it paid to. The order on the bank is called a
+_check_.
+
+It is very easy to see that these three devices are of immense value to
+the commercial world; the first by rendering available future resources,
+and the other two by enabling payments to be made safely.
+
+Definitions.--A _note_ is an unconditional promise in writing, to pay a
+definite sum of money at a certain time to a specified person.
+
+A _draft_ is an order, written by one person and addressed to another,
+directing him to pay a definite sum of money at a certain time to a
+specified third party.
+
+A _check_ is a draft for immediate payment, drawn upon a bank or banker.
+
+In the case of a note, the person who promises to pay is called the
+_maker_ of the note; and the person named to be paid, the _payee_.
+
+In the case of a draft or check, the person ordering the payment is called
+the _drawer_; the person addressed, the _person drawn upon_ or the
+_drawee_; and the person to be paid, the _payee_.
+
+Negotiability.--The payee in any of these cases may wish to transfer the
+paper to some other person. For instance, the holder of the note may wish
+to use the money before it is due, or the payee of a draft may wish to
+realize without going to the drawee. In either case, the desired
+accommodation can be secured only by selling the paper to some one else.
+This ability to be transferred is part of what is meant by the term
+_negotiability_.
+
+But this liability to have to pay another person than the one named,
+cannot be imposed upon the maker or drawer without his consent. This he
+gives by inserting after the name of the payee the words "or order," or
+the words "or bearer." In the latter case, whoever holds the paper when it
+becomes due can collect upon it. In case the former words are used, the
+paper can be transferred only by _indorsement_, of which more anon.
+
+A very important characteristic of negotiability is that it enables a
+person to grant to another rights which he may not himself possess. To
+illustrate: As between the maker and the payee, a note is a contract, and
+is binding only if it has all the requisites of a binding contract.
+Therefore, if there was no consideration, or if the note was obtained by
+fraud or by intimidation, the payee, knowing these facts, has no right to
+collect upon the note, and he could not by law compel payment. But with a
+third party it is different. He sees only the note, and may not--
+presumably does not--know anything else about the contract. To compel him
+before buying the note to learn all the details of its history, might be
+embarrassing to the parties, even where everything is all right, and would
+certainly delay, perhaps materially, the transfer. Therefore, to enable
+people to keep their business to themselves, and to facilitate transfers
+of commercial paper, it has seemed best not to require this investigation.
+The law presumes that when a person makes a transferable note, he has done
+so deliberately; and if loss ensues, it says that he must bear it rather
+than the innocent purchaser of his note.
+
+Conditions of Negotiability.--But this peculiar protection is given, be it
+observed, only to an _innocent purchaser_. If in good faith, in the
+regular course of business, a person comes into possession of commercial
+paper, negotiable in form, not yet mature, and for which he has given a
+reasonable consideration, he can collect on it. On the other hand, if he
+has found the paper or stolen it, or if he has bought it under
+circumstances calculated to raise a suspicion as to right of the seller,
+he should not have, and will not by law receive, this privilege. Thus if a
+man is offered commercial paper of perfectly responsible parties at
+one-third its value, it would be reasonable to suppose that the person
+offering it had found or stolen it, and the buyer would obtain only the
+rights of the person from whom he bought. Or if a note past due is offered
+for sale, the presumption is that it is paid or that it is for some reason
+uncollectable, and the purchaser would buy at his peril. In other words,
+_if there is anything on the face of the paper or in the circumstances of
+the case to warn the purchaser, he buys at his own risk_, and secures only
+such rights as the vendor has.
+
+Transfer.--Negotiable paper with the words "or bearer" is transferable by
+delivery alone. If made payable to some person "or order," it is
+transferable only by his _indorsement_. An "indorsement in full" consists
+of the signature of the payee and his order that the money be paid to a
+specified person. An "indorsement in blank" consists simply of the
+signature of the payee. The effect of the latter mode of indorsing is to
+make the paper payable to bearer.
+
+Responsibility of Maker.--A note being a contract, the maker of one is
+responsible to the payee, as has been said, only if all the requisites of
+a binding contract are present. If the note is negotiable in form, he is
+responsible to the innocent purchaser of it.
+
+Responsibility of Drawee.--The person drawn upon may know nothing of the
+draft. He cannot be made a party to a contract without his knowledge and
+consent. That he may have knowledge of the draft, it must be presented to
+him. If upon seeing it he is willing to assume the responsibility of
+paying it when due, he signifies his willingness by writing across the
+face of the draft the word "accepted," with the date of presentation and
+his name. The draft thereby becomes his unconditional promise, and he
+becomes the principal debtor, occupying the position of a maker of a note.
+
+Responsibility of Indorser.--When a person endorses any commercial paper,
+he not only expresses thereby his consent to the transfer of it, but he
+also enters into a conditional contract with each person who may afterward
+come into possession of the paper, whereby he becomes responsible for its
+payment, if the principal debtor fails to meet his obligation. To fix
+responsibility upon an indorser, payment must be demanded of the principal
+debtor on the very day when the obligation matures, and if payment is not
+made notice of the fact must be sent to the indorser before the end of the
+following day.
+
+Responsibility of Drawer.--Between the drawer and the payee a draft is a
+conditional contract, whereby the former impliedly agrees to pay the draft
+if the person drawn upon does not. His obligation is that of a surety or
+first indorser. To fix responsibility upon the drawer, the holder of the
+draft must promptly present it for acceptance to the person drawn upon;
+then, if it is not accepted, he must immediately notify the drawer.
+
+Forged Paper.--Forgery is the fraudulent making or altering of a written
+instrument. One whose name is forged cannot be made responsible, since the
+act is not his. And since money paid under a mistake must be refunded, a
+person who, deceived by the skill of the forger, should pay the seeming
+obligation, would be entitled to get his money back.
+
+But every person is bound to use reasonable effort to prevent forgery.
+Thus, if a merchant writes out a note all but the amount, and authorizes a
+clerk to put that in at some other time, and the clerk inserts a larger
+sum, any innocent purchaser can compel the merchant to pay the full
+amount. In some states it is held that a person who leaves space in an
+obligation wherein the amount can readily be raised, is bound to stand the
+loss caused by his negligence.
+
+Accommodation Paper.--A man may be perfectly willing to lend a friend some
+money and yet be unable to do so. He may, however, in any one of several
+ways, make it possible for his friend to obtain the money. Thus A, wishing
+to accommodate his friend B, may make a note payable to B's order; or he
+may endorse B's note; or he may make a draft payable to B's order; or he
+may accept B's draft on him. By selling the paper, B secures the money
+desired. The implied contract between A and B is that B will pay the
+obligation.
+
+In none of these cases could B compel A to pay him any money, because the
+contract between them lacks consideration. But A would be responsible to
+an innocent purchaser, because there is nothing on the face of the paper
+to indicate the defect. And he would be responsible even to a purchaser
+who knows the paper to be accommodation, because by signing he binds
+himself to pay if B does not, and his signature is what enables the sale
+to be made.
+
+Certified Checks.--Business men make most of their payments by check. If
+the receiver of a check does not, for any reason, wish the money, he may
+deposit the check in the bank as if it were cash. If he is going away from
+home, or if he wishes to make a payment in some other place, he may save
+the expense of a draft, and make a check equally as acceptable, by getting
+the cashier of the bank to "certify" it, that is to state officially that
+the drawer has the money in the bank. This he does by writing across the
+face of the draft the word "Good," with his signature as cashier. When
+this is done the responsibility rests primarily on the bank. It occupies
+the position of the acceptor of a draft.
+
+
+_Pertinent Questions._
+
+Two of the following are valid notes; which two? The others are not; Why?
+1. March 5, 1890, I promise to pay John Smith one hundred dollars, if he
+is then living.--William Jones. 2. On or before March 5, 1890, I promise
+to pay John Smith one hundred bushels of wheat.--William Jones. 3. On
+March 5, 1890, I promise to pay John Smith whatever is then due him.--
+William Jones. 4. When he comes of age, I promise to pay John Smith one
+hundred dollars.--William Jones. 5. March 5, 1890, I promise to pay one
+hundred dollars.--William Jones. 6. One year after date, I promise to pay
+to John Smith one hundred dollars.--William Jones. 7. Mankato, Minn.,
+December 11, 1888. One year after date I promise to pay John Smith one
+hundred dollars. 8. On the death of his father, I promise to pay John
+Smith one hundred dollars.--William Jones. 9. On March 5, 1890, I, William
+Jones, promise to pay John Smith one hundred dollars.
+
+How many parties may there be to a note? How many, at least, must there
+be? As between them, must there be consideration to make it binding? Must
+the words "for value received" appear on the note? A note being a
+contract, what things are necessary to make it binding? Write two valid
+notes in different forms. Write a negotiable note transferable without
+indorsement. A note transferable by indorsement. Which is safer to carry
+in the pocket? Why? Which imposes the less responsibility if transferred?
+If you were taking a note payable to bearer, would you require the person
+from whom you were getting it to indorse it? A man has some non-negotiable
+notes; if he dies can his heir collect them? A note payable "to order" is
+indorsed in blank; to whom is it payable? May a note payable "to bearer"
+be made payable only "to order?" When does a note cease to be negotiable?
+Under what circumstances may a person have to pay a note which he has
+already paid? What is a "greenback?"
+
+How many persons, at least, must there be to an accepted draft? When does
+the responsibility of the drawer begin? That of the person drawn upon? How
+does the acceptance of a draft affect the responsibility of the drawer? If
+the draft is not accepted, to whom shall the holder look for pay? Are
+drafts negotiable before acceptance?
+
+Compare and contrast a note and a draft. A draft and a check. Is the bank
+under any obligation to the holder of an uncertified check? Does
+certifying a check release the drawer of it? Are checks negotiable?
+
+What responsibility does an indorser assume in case of a note? Of an
+unaccepted draft? Of an accepted draft? Of a check? What does "without
+recourse" mean? To how many persons is the maker of a note responsible?
+The first indorser? The second? How can the first indorser be
+distinguished from the second? To whom is the second indorser not
+responsible?
+
+Who are not responsible to the holder of a negotiable paper unless
+notified? Who are responsible without notice? What principle do you
+discover? When is a demand note due? A check? A time note? A sight draft?
+A time draft?
+
+What should you do, and why, in the following cases:
+
+1. When you pay a note? 2. When you make a partial payment on a note? 3.
+If you should lose a note? 4. If you have a note without indorsees, to
+render the maker responsible? 5. If you hold a note having indorsers, to
+render the indorsers responsible? 6. If you hold an unaccepted draft? 7.
+In case acceptance is refused? 8. If you hold an accepted draft? 9. If the
+acceptor fails to pay when the paper becomes due? 10. If you hold an
+uncertified check, in order to render the drawer responsible? 11. If it is
+indorsed, to make the indorsers responsible? 12. If you have a certified
+check, to make the bank responsible? 13. If you are a third indorser of a
+note, whom can you hold responsible in case the paper is dishonored, and
+how? 14. If you have a bearer note and you wish to transfer it without
+assuming responsibility? 15. How if it is an order note?
+
+
+
+
+APPENDIX A.--FORMS.
+
+
+TOWN BUSINESS.
+
+_I. Organization of a Town._
+
+
+PETITION.
+
+To the board of county commissioners of the county of
+__________,__________ : The undersigned, a majority of the legal voters of
+congressional township number ______ north, of range number ______ west,
+in said county, containing not less than twenty-five legal voters, hereby
+petition your honorable board to be organized as a new town under the
+township organization law, and respectfully ask that you forthwith proceed
+to fix and determine the boundaries of such new town and to name the same
+(giving the proposed name.)
+
+(Dated, and signed by a majority of all the legal voters in the town.)
+
+
+COMMISSIONERS' REPORT.
+
+State of __________, county of __________, ss.
+
+Upon receiving a petition of a majority of all the legal voters of
+congressional township number ______ north, of range number ______ west,
+in said county, asking that the same be organized as a new town under the
+township organization law, to be named __________, we, the county
+commissioners of said county did, on the ______ day of A.D. 18______,
+proceed to fix the boundaries of such new town and name the same
+__________, in accordance with the said petition, and designated
+__________ as the place for holding the first town meeting in such town,
+to be held on __________, 18______. The boundaries of said town of
+__________, as fixed and established by us, are as follows: (Beginning at
+the southeast corner of section ______, town ______ north, of range ______
+west, thence west on the township line ______ to the southwest corner of
+section ______, town and range as aforesaid, thence north, &c., giving the
+boundary lines complete.) Given under our hands this ______ day of
+__________, 18______.
+
+[Auditor's official seal.]
+
+(Signed by the Commissioners.)
+
+Attest: O.J., County Auditor.
+
+
+
+II. Elections.
+
+
+NOTICE OF ANNUAL ELECTION.
+
+Notice is hereby given, that on Tuesday, the ______ day of November,
+18_____, at ___________, in the election district composed of the
+__________, in the county of __________, and state of __________, an
+election will be held for (here name the state, judicial, congressional,
+legislative and county officers to be elected); (if constitutional
+amendments are to be submitted, add:) also the following amendments to the
+constitution of the state will be submitted to the people for their
+approval or rejection, viz.: amendment to section _____, article _____, of
+the constitution (naming each one proposed); (and if any special matters,
+such as removal of county seat, &c., are to be voted on, then specifically
+state them); which election will be opened at nine o'clock in the morning,
+and will continue open until five o'clock in the afternoon of the same
+day, at which time the polls will be closed.
+
+Dated at ________ this _____ day of October, 18____.
+
+C.O.S., Town Clerk (or City or Village Recorder.)
+
+
+REGISTER POLL LIST.
+
+List of qualified electors in the election district composed of the
+__________ of __________, in the county of __________, and state of
+__________, for an election to be held in the said election district, on
+Tuesday, the _____ day of November, 18_____:
+
+Adams, James      | Little, Joseph
+Babcock, George   | Mann, Oscar.
+
+(Write the surnames in alphabetical order, and leave sufficient space
+between the alphabetical letters to insert all additional names.)
+
+Notice is hereby given that the undersigned judges of election of said
+election district, will be present at the __________, in said __________,
+at the times named below, for the purpose of making corrections in the
+foregoing list, viz.: On "Wednesday, October _____, and (here insert the
+days and times of the day they are to meet), from 9 o'clock A.M. till 4
+o'clock P.M. of each day, and also on the morning of election day, from 7
+o'clock A.M. to 9 o'clock A.M."
+
+Given under our hands this _____ day of October, 18_____.
+
+(Signed by all the judges of election.)
+
+
+MINUTES OF TOWN MEETING.
+
+At the annual (special) town meeting held in the town of __________,
+county of __________, state of __________, at _____, on the day of _____,
+18 _____, the meeting was called to order by R.G., town clerk. M.J.H. was
+then chosen to preside as moderator of the meeting.
+
+The moderator, at the opening of the meeting, stated the business to be
+transacted and the order of the same as follows: That the business to be
+transacted would be to elect three supervisors, &c., (stating the officers
+to be elected,) and to do any other business proper to be done at said
+meeting.
+
+That said business would be entertained in the following order: 1st--The
+election by ballot of town officers, the polls to be kept open throughout
+the day. 2d--At one o'clock P.M., election of overseers of highways for
+each road district in the town. 3d--That immediately following the
+election of overseers of highways the general business of the town would
+be taken up and proceeded with until disposed of.
+
+Proclamation of opening the polls was then made by the moderator and the
+polls opened and the election of town officers proceeded.
+
+The hour of one o'clock P.M. having arrived and the general business of
+the town being now in order, the following named persons were elected, by
+ayes and noes, overseers of highways for the ensuing year in the following
+road districts, viz.: (here give the numbers of the road districts and the
+names of the persons elected overseers thereof.)
+
+A.B. was elected poundmaster of said town. On motion, ordered that a
+pound, &c., (give the location, cost, &c., of pound, if ordered.)
+
+The following three places were determined and designated by the voters
+present as the most public places in said town for the posting up of legal
+notices, and suitable posts for such purpose were ordered to be erected or
+maintained by the supervisors at each of such places, viz.: (describe the
+places.)
+
+The supervisors submitted to the electors a report of all the places at
+which guide posts are erected and maintained within the town, and of all
+places at which, in their opinion, they ought to be erected and
+maintained. Thereupon, it was ordered that guide posts be erected and
+maintained at the following places, viz.: (describe the places.)
+
+The town clerk read publicly the report of the board of auditors,
+including a statement of the fiscal concerns of the town and an estimate
+of the sum necessary for the current and incidental expenses of the town
+for the ensuing year.
+
+The supervisors rendered an account in writing, stating the labor assessed
+and performed in the town, the sums received by them for fines and
+commutation, &c.; a statement of the improvements necessary to be made on
+the roads and bridges, and an estimate of the probable expense of making
+such improvements beyond that of the labor to be assessed for this year,
+that the road tax will accomplish; also a statement in writing of all
+expenses and damages in consequence of laying out, altering or
+discontinuing roads.
+
+On motion, it was ordered that the following sums of money be raised by
+tax upon the taxable property in said town for the following purposes for
+the current year: (enter the specific amounts carefully.)
+
+On motion of H.S.H.H., the following by-law was adopted, ayes _____, noes
+_____: "It is hereby ordered and determined that it shall be lawful for
+horses, mules and asses to run at large in the town of __________, in the
+day time, from the first day of April to the 15th day of October, in each
+year, until further ordered."
+
+On motion, it was resolved, &c., (set forth in order each resolution or
+order as it transpires.)
+
+The next annual town meeting was ordered to be held at (naming the place.)
+
+At five o'clock the polls were closed, proclamation thereof being made by
+the moderator. The judges then proceeded to publicly canvass the votes,
+and the persons having the greatest number of votes for the respective
+offices voted for were declared elected.
+
+STATEMENT OF RESULT OF CANVASS. (To be read publicly.)
+
+The following is a statement of the result of the canvass of votes by
+ballot for the election of officers at the annual town meeting in the of
+__________, county of __________, and state of __________, March _____,
+18_____, as publicly canvassed by the judges at said meeting:
+
+H.B. had _____ votes for chairman of supervisors.
+
+J.L. had _____ votes for chairman of supervisors.
+
+H.B. was declared elected chairman of supervisors.
+
+(In this way give a statement of the votes cast for each officer.)
+
+On motion the meeting adjourned without day.
+
+J.H.T., C.O.C., Judges
+
+Attest: R.G., Clerk.
+
+
+OFFICIAL OATH.
+
+State of __________, county of __________, town of __________, ss.
+
+I, J.A., do solemnly swear (or affirm) that I will support the
+constitution of the United States and of the state of __________, and
+faithfully discharge the duties of the office of __________ of the town of
+__________, in the county of __________, and state of __________, to the
+best of my ability. J.A.
+
+Subscribed and sworn to before me this _____ day of __________ A.D.
+18_____
+
+T.S., Justice of the Peace.
+
+
+OFFICIAL BOND.
+
+Know all men by these presents, that we, R.S., as principal, and B.B.S.
+and J.E. as sureties, all of the county of __________, and state of
+__________, are held and firmly bound unto J.D.E., E.C., and E.E., as
+supervisors of the town of __________, in said county, and their
+successors in office, in the sum of (five hundred) dollars, lawful money
+of the United States of America, to be paid to them as such supervisors,
+their successors or assigns; for which payment well and truly to be made,
+we bind ourselves, our heirs, executors and administrators, jointly and
+severally, firmly by these presents. Sealed with our seals dated the _____
+day of __________, 18_____.
+
+The condition of the above obligation is such, that whereas, the above
+bounded R.S. was, on the _____ day of __________, A.D. 18_____, duly
+elected (or appointed) __________ in and for the town of __________, in
+said county, for the term of __________, and is about to enter upon the
+duties of said office; now, therefore, if the said R.S. shall, will and
+does faithfully discharge all his duties as such __________ in and for
+said town, then the above obligation to be void, otherwise to remain in
+full force and virtue.
+
+R.S. [Seal.] B.B.S. [Seal.] J.E. [Seal.]
+
+Sealed and delivered in presence of
+
+J.B. and G.J.
+
+State of __________, County of __________, ss.
+
+On this _____ day of __________, A.D. 18_____, before me, the subscriber,
+a __________ in and for said county, personally appeared __________ to me
+known to be the person described in, and who executed the foregoing
+instrument, and acknowledged that he executed the same as __________ free
+act and deed.
+
+County of __________, ss. B.B.S. and J.E., being duly sworn, say each for
+himself, that he is surety in the within bond; that he is a resident and
+freeholder of the state of __________, and that he is worth the sum of
+(five hundred) dollars over and above his debts and liabilities, and
+exclusive of property exempt from execution.
+
+B.B.S. and J.E.
+
+Subscribed and sworn to before me, this _____ day of __________, 18_____.
+
+W.R.P., Justice of the Peace.
+
+(After folding the instrument the approving officer must indorse on its
+back the following words:) "I hereby approve the within bond and the
+sureties therein contained, this _____ day of __________, 18_____."
+
+(Signed officially by the approving officer.)
+
+
+NOTICE TO CLERK OF DISTRICT COURT OF ELECTION OF JUSTICE OF THE PEACE.
+
+State of __________, county of __________, town of __________, ss.
+
+To H.A.B., (address,) clerk of the district court of the county of
+__________.
+
+You are hereby notified that at the _____ town meeting held in the town of
+__________, in the county of __________, and state of __________, on the
+_____ day of March, A.D. 18_____, P.E.C. was duly elected to the office of
+justice of the peace, for the term of two years. (If elected to fill a
+vacancy, state who was the last incumbent.) Given under my hand, this
+_____ day of March, A.D. 18_____.
+
+A.R., Town Clerk.
+
+
+
+_III. Roads._
+
+
+PETITION.
+
+To the supervisors of the town of __________, in the county of __________,
+and state of __________:
+
+The undersigned, legal voters (who own real estate, or who occupy real
+estate under the homestead or pre-emption laws of the United States, or
+under contract from the state of __________, within one mile), (or who are
+freeholders and residents of the town within two miles) of the road to be
+laid out (or altered, or discontinued), hereby petition you to lay out a
+new road (or alter, or discontinue a road) as follows: Beginning (give the
+point at which it is to commence, its general course and its termination.)
+
+The description of the lands over which the said (new) road passes, and
+the names of the owners thereof which are known, as well as the lands
+whose owners are unknown, are as follows: (Give the owners of the lands
+that are known and describe the lands whose owners are unknown.)
+
+And your petitioners pray that you will proceed to lay out said new road
+and cause the same to be opened (or alter, or discontinue said road)
+according to law. (Dated, and signed by at least six resident legal voters
+owning real estate or occupying United States or school lands within one
+mile, or at least eight resident freeholders within two miles of the
+road.)
+
+
+PROOF OF POSTING.
+
+State of __________, county of __________, town of __________, ss.
+
+D.S. being sworn, says, that on the ______ day of __________, 18______, he
+posted copies of the within petition in three of the most public places of
+said town, to-wit: At (naming the places.) _________________________ D.S.
+
+Subscribed and sworn to before me this ______ day of __________, 18______.
+
+E.W.R., Justice of the Peace.
+
+
+SUPERVISORS' NOTICE OF HEARING.
+
+Notice is hereby given that the supervisors of the town of __________, in
+the county of __________, and state of __________, will meet on the ______
+day of __________ A.D. 18______, at ______ o'clock in the ______noon, at
+__________, in said town, for the purpose of personally examining the
+route named below, proposed for a new (or altering, or discontinuing a)
+road, and for hearing all reasons for or against said proposed laying out
+(or altering, or discontinuance) and deciding upon said application. Said
+proposed new road (or alteration, or discontinuance) as described in the
+petition is as follows: (Here give the description of the route as
+contained in the petition.)
+
+The several tracts of land through which said road will pass (passes) and
+the occupants thereof, as nearly as we can determine the same, are as
+follows: (Give a description of the lands and the names of the occupants,
+and if any have no occupants and the owners are unknown, state that fact.)
+(Dated, and signed officially by the supervisors.)
+
+
+PROOF OF POSTING NOTICE.
+
+State of __________, county of __________, town of __________, ss.
+
+D.S. being sworn, says that on the ______ day of __________, A.D.
+18______, he served the within notice upon each of the occupants of the
+land through which the within described road may pass, by leaving copies
+as follows: To A.B. personally; to C.D. at his usual place of abode with
+E.F., a person of suitable age and discretion, (describing each service.)
+
+That, also, on the ______ day of __________ A.D. 18______, he posted
+copies of the within notice in three public places in said town, to-wit:
+At (naming the places.)
+
+D.S.
+
+Subscribed and sworn to before me this ______ day of __________, 18______.
+
+E.W.R., Justice of the Peace.
+
+
+SUPERVISOR'S ROAD ORDER.
+
+State of __________, county of __________, town of __________, ss.
+
+Whereas, upon the petition of (six) legal voters, owning real estate, or
+occupying real estate under the homestead or pre-emption laws of the
+United States, or under contract from the state of __________, within one
+mile (or eight legal voters, freeholders and residents of the town, within
+two miles), of the road proposed in said petition to be laid out (altered
+or discontinued), copies of said petition having been first duly posted up
+in three of the most public places of said town at least twenty days
+before any action was had in relation thereto, proof of which posting was
+duly shown to us by affidavit; Which said proposed new road (alteration or
+discontinuance) is set forth and described in said petition as follows,
+viz.: Beginning, etc., (set forth the road as given in the petition.)
+
+And whereas, upon receiving said petition we did, within thirty days
+thereafter, make out a notice and fix therein a time and place at which we
+would meet and decide upon such application, to-wit: on the day of _____,
+A.D. 18_____, at __________, causing copies of such notice to be posted in
+three public places in said town, at least ten days previous to such
+meeting; and having met at such time and place as above named in said
+notice, and being satisfied that the applicant had, at least ten days
+previous to said time, caused said notice of time and place of hearing to
+be given to all the occupants of the land through which such highway might
+pass, by serving the same personally or by copy left at the usual place of
+abode of each of said occupants, proof of which was shown by affidavit, we
+proceeded to examine personally such highway and heard any and all reasons
+for or against laying out (altering or discontinuing) the same, and being
+of the opinion that such laying out (or altering, or discontinuing,) was
+necessary and proper and that the public interest would be promoted
+thereby, we granted the prayer of said petitioners and determined to lay
+out (alter or discontinue) said road, the description of which as so laid
+out is as follows, to-wit: Beginning, &c.
+
+It is therefore ordered and determined that a road be and the same is
+hereby laid out (or altered) and established according to the description
+last aforesaid, and it is hereby declared to be a public highway, four
+rods wide, the said description above given being the center of said road.
+
+Given under our hands, this, &c., (dated and signed officially by the
+supervisors.)
+
+
+SURVEYOR'S REPORT.
+
+To the supervisors of the town of __________, county of __________, and
+state of __________:
+
+The undersigned having been employed by you to make a survey of a road in
+said town would report that the following is a correct survey thereof, as
+made by me under your directions, to-wit: (Give an accurate description of
+the road by course and distance) and that below is a correct plot of said
+road according to said survey. (Dated and signed.)
+
+
+RELEASE OF DAMAGES.
+
+State of __________, county of __________, town of __________, ss.:
+
+Whereas, a road was laid out (or altered or discontinued) on the _____ day
+of __________, A.D. 18_____, by the supervisors of the said town of
+__________, on the petition of (six) legal voters, owning real estate, or
+occupying real estate under the homestead or pre-emption laws of the
+United States, or under contract from the state of __________, within one
+mile (or eight legal voters freeholders and residents of the town within
+two miles) of said road; which said road (or alteration, or
+discontinuance) is set forth and described in the supervisors' order, as
+follows, viz.: Beginning (describe the road as in the order laying it out);
+which said road passes through certain lands owned by us as described
+below:
+
+Now, therefore, know all men by these presents, that we, the owners of the
+lands described below, for value received, do hereby * release all claims
+to damages sustained by us by reason of the laying out (or altering, or
+discontinuing) and opening said road through our lands, viz.: (Here give a
+description of the lands and their owners' names.)*
+
+In witness whereof, we have hereunto set our hands and seals this day of
+__________, A.D. 18_____. (Signatures and seals.) Signed, sealed and
+delivered in presence of two witnesses.
+
+
+AGREEMENT AS TO DAMAGES.
+
+(Use form "Release of Damages" to the * then substitute to the next * as
+follows:) do hereby "agree to and with the said supervisors that the
+damages sustained by us by reason of laying out (or altering, or
+discontinuing) said road be ascertained and fixed, and the same are hereby
+ascertained and fixed as follows: (Describe the lands, give the owners'
+names, and the amounts agreed on;" and conclude as in form "Release of
+Damages.")
+
+
+AWARD OF DAMAGES.
+
+State of __________, county of __________, town of __________, ss.:
+
+Whereas, a road was laid out (or altered or discontinued) on the day of
+__________, A.D. 18_____, by the undersigned supervisors of the said town
+of __________, on the petition of (six) legal voters, owning real estate,
+or occupying real estate under the homestead or pre-emption laws of the
+United States, or under contract from the state of __________, within one
+mile (or eight legal voters, freeholders and residents of the town within
+two miles) of said road; which said road (or alteration, or
+discontinuance) is set forth and described in the supervisors' order as
+follows, viz.: Beginning (describe the road as in the order laying it
+out.) And not being able to agree with the owners of the following
+described lands, claiming damages by reason of said highway passing
+through, we have assessed the damages to each of such individual claimants
+with whom we could not agree, and awarded damages to the owners of such
+lands through which such highway passes as are unknown, at what we deemed
+just and right; taking into account and estimating the advantages and
+benefits the road will confer on the claimants and owners, as well as the
+disadvantages. We have assessed and awarded damages as follows:
+
+(Here give a particular description of each tract of land and its owner,
+if known; but if not known, state that fact also.)
+
+And in case of the following lands and claimants for damages, we estimate
+that the advantages and benefits said road will confer on them are equal
+to all damages sustained by them by reason of laying out (or altering, or
+discontinuing) said road, to-wit: (Set forth lands and owners as far as
+known; and describe the unknown lands, stating that the owners are
+unknown.) (Dated, and signed by the supervisors.)
+
+
+APPLICATION FOR JURY.
+
+State of __________, county of __________, town of __________, ss.
+
+To J.P., justice of the peace in and for said county:
+
+I, J.A.B., of said town, feeling myself aggrieved by the determination
+(award of damages) made by the supervisors of said town (county
+commissioners of said county) by their order bearing date the _____ day of
+__________, A.D. 18_____, in laying out (altering or discontinuing) (or
+refusing to lay out, alter or discontinue) a highway in said town
+(county), do hereby appeal to you for a jury to be summoned by you to hear
+and determine such appeal.
+
+The highway (alteration or discontinuance) in question is described in
+said order, filed in the town clerk's (county auditor's) office of said
+town (county) ________, A.D. 18_____, as follows: (describe the road, as
+in the order on file), which said road passes through lands owned by me,
+viz.: (describing them.)
+
+The grounds upon which this appeal is brought, are: (to recover $80
+damages to my said land by reason of such laying out, instead of $40 as
+awarded in said order) (or, in relation to the laying out, or altering, or
+discontinuing said highway;) (or their refusal to lay out, or alter, or
+discontinue said highway;) (or said appeal is brought to reverse entirely
+the decision of the said supervisors or commissioners;) (or is brought to
+reverse that part of their order [specifying which part,] &c.) (Dated and
+signed by the appellant.)
+
+
+
+JUSTICE COURT.
+
+
+_I. Civil Suit._
+
+
+SUMMONS.
+
+State of _____, }ss.
+ County of ____ }
+
+[Footnote: This brace of lines, giving the state and county as
+introductory to a process, certificate, affidavit or other paper, is
+called a "venue," and should be inserted wherever the word _(Venue)_ is
+expressed in forms given hereafter.]
+
+The state of _______ to the sheriff or any constable of said county:
+
+You are hereby commanded to summon A.M., if he shall be found in your
+county, to be and appear before the undersigned, one of the justices of
+the peace in and for said county, on the ___ day of _____ 18_____, at ___
+o'clock in the ____noon, at my office in the ____, in said county, to
+answer to J.T. in a civil action; and have you then and there this writ.
+
+Given under my hand this ___ day of ___, A.D. 18_____.
+
+W.D.D., Justice of the Peace.
+
+
+CONSTABLE'S RETURN.
+
+_(Venue as in Summons.)_
+
+I hereby certify that I personally served the within summons upon the
+within named defendant, by reading the same to him, in said county, on the
+__ day of _________, 18_____.
+
+Fees--Mileage, 8 miles, - - .80
+Service,  - - - - - - - - - .15
+                             --
+                            .95
+
+G.M.G., Constable.
+
+
+COMPLAINT.
+
+State of ______} ss.                  In Justice Court,
+ County of ____}            Before W.D.D., Justice of the Peace.
+                    J.T., plaintiff,
+                         against
+                    A.M., defendant.
+
+[Footnote: All the affidavits, pleadings, and other papers filed by
+parties in an action should be "entitled," that is to say, should begin
+with a caption similar to the above, giving the state and county, name of
+justice, and the names of the parties, plaintiff and defendant, to the
+action. This caption (_title of cause_) is to be inserted in every form
+given hereafter, wherever it is so expressed.]
+
+The complaint of the plaintiff shows to this court that at ___, in the
+state of ___, on the _____ day of ____, 18___, the defendant made his
+promissory note in writing, dated on that day, and thereby promised to pay
+to the plaintiff (one year after date) the sum of (eighty) dollars, for
+value received, with interest thereon from the said date at the rate of
+(ten) per cent, per annum until fully paid, and delivered the same to the
+plaintiff.
+
+That the plaintiff is now the holder and owner of said note; that the same
+has not been paid, nor any part thereof; but the defendant is now justly
+indebted to the plaintiff thereon in the sum of (eighty) dollars, with
+interest as aforesaid.
+
+Wherefore, the plaintiff demands judgment against the defendant for the
+sum of (eighty-nine) dollars and (sixty) cents, with costs of suit.
+
+J.T. (_Venue._)
+
+J.T., the plaintiff (or defendant) in this action, being duly sworn, says
+that the foregoing complaint (or answer, or reply,) is true, to his own
+knowledge, except as to those matters stated on his information and
+belief, and as to those matters, that he believes it to be true.
+
+J.T. (_Jurat._)
+
+
+ANSWER.
+
+(_Title of cause._)
+
+The answer of the defendant to the complaint herein, shows to this court:
+
+1. That he admits the making and delivering of the note therein stated,
+but denies each and every other allegation therein contained.
+
+2. And for a further defense this defendant shows that on the _____ day of
+_________, 18_____, he bought (a horse) of the plaintiff for the sum of
+(one hundred and thirty) dollars, and paid him (fifty) dollars in money,
+and the note of (eighty) dollars described in the complaint; which
+(horse), by the contract of sale, the plaintiff warranted to the defendant
+to be sound; and the defendant further states that the said (horse) was
+unsound at the time, whereby the defendant sustained damage in the sum of
+(one hundred) dollars.
+
+Wherefore he asks that said amount of damage be set off against the amount
+of said note, and demands judgment for the balance of (twenty) dollars,
+besides costs of suit.
+
+A.M. (_Verified._)
+
+
+REPLY.
+
+(_Title of cause._)
+
+The reply of the plaintiff to the facts set forth in the answer of the
+defendant, denies each and every allegation therein contained.
+
+J.T. (_Verified._)
+
+
+ADJOURNMENT.
+
+(_Title of cause._)
+
+(_Venue._) A.M., being duly sworn, says, that he is the defendant in this
+action; that J.C.S., who resides in the town of _________, in said county,
+is a material witness for this defendant, without whose testimony he
+cannot safely proceed to the trial of this action; that the said J.C.S.,
+if examined as a witness on the trial, will testify that he was present at
+the time the horse mentioned in the answer was purchased, and heard the
+plaintiff say to the defendant, "the horse is sound, and I warrant him
+so;" that he heard this defendant reply, "well, I shall rely entirely upon
+your warranty;" and that thereupon defendant gave his note for the balance
+of the purchase money of the horse.
+
+That on the _____ day of _________, 18_____, he procured a subpoena for
+the said J.C.S., and went with the same to his residence to serve the
+same, when he there learned for the first time that said J.C.S. had
+unexpectedly left home the day before and had gone to _________, in the
+state of _________, to be absent (three) weeks. That he knows of no other
+person by whom he can prove these facts; and that he expects to be able to
+procure the attendance of said J.C.S. as a witness on the trial, if this
+cause is adjourned for (thirty) days.
+
+A.M.
+
+(_Jurat_.)
+
+
+SUBPOENA.
+
+  State of ____, } ss.
+    County of ___}
+
+The State of _________ to J.K., J.L. and G.G.:
+
+You are hereby required to appear before the undersigned, one of the
+justices of the peace in and for said county, at my office in the town of
+_________, on the _____ day of _________, 18_____, at _____ o'clock in the
+_________ noon of said day, to give evidence in a certain cause then and
+there to be tried between J.T., plaintiff, and A.M., defendant, on the
+part of the plaintiff (or defendant.)
+
+Given under my hand this _____ day of _________, 18_____.
+
+W.D.D., Justice of the Peace.
+
+
+ATTACHMENT AGAINST WITNESS.
+
+(_Venue_.)
+
+The State of _________ to the sheriff or any constable of said county:
+
+You are hereby commanded to attach the body of S.K.B., if he shall be
+found in your county, and bring him forthwith before the undersigned, one
+of the justices of the peace in and for said county, at my office in the
+town of _________, in said county, to give evidence in a certain cause now
+pending before me, between J.T., plaintiff, and A.M., defendant, on the
+part of the defendant (or plaintiff); and also to answer all such matters
+as shall be objected against him, for that the said S.K.B., having been
+duly subpoenaed to attend at the trial of said action, had refused (or
+failed without just cause) to attend, in conformity to said subpoena; and
+have you then and there this writ.
+
+Given under my hand, etc. W.B.D., Justice of the Peace.
+
+
+CONSTABLE'S JURY LIST.
+
+(_Title of cause_.)
+
+List of names of (twenty-four) inhabitants of the county of _________,
+qualified to serve as jurors in the district court of said county, made by
+me as directed by said justice of the peace, from which to impanel a jury
+in the above entitled cause.
+
+G.W., Constable.
+
+Dated, etc.
+
+John J. Cooke, X
+
+Allan K. Ware,
+
+X Jared S. Benson,
+
+Walter G. Brown,
+
+George W. Jones,
+
+Elias Bedall,
+
+Erick Peterson,
+
+Patrick Kelly, X
+
+X Thomas O. Jones,
+
+Julius Graetz,
+
+John Shannon, X
+
+X David F. Lamb,
+
+Wm. W. Wertsel,
+
+X Daniel G Pratt,
+
+Horace S Roberts, X
+
+J.W. Everstine,
+
+Aaron M Ozmun,
+
+X Ole T. Ruhd,
+
+Lars Anderson,
+
+Conrad Schacht,
+
+O.P. Whitcomb,
+
+X J.Q. Leonard,
+
+Zera Fairman, X
+
+Russell Blakely. X
+
+** Names struck off by plaintiff checked on the right; by defendant
+checked on the left.
+
+W.D.D., Justice of the Peace.
+
+
+VENIRE.
+
+State of __________,}
+ County of _________}ss.
+
+The State of __________ to the sheriff or any constable of said county:
+
+You are hereby commanded to summon (here insert the names in full), to be
+and appear before the undersigned, one of the justices of the peace in and
+for said county, on the ______ day of __________, 18______, at ______
+o'clock in the ______noon of said day, in the (town) of __________, in
+said county, to make a jury for the trial of a civil action between J.T.,
+plaintiff, and A.M., defendant, and have you then and there this writ.
+
+Given under my hand this ______ day of __________, A.D. 18______.
+
+W.D.D., Justice of the Peace.
+
+
+RETURN.
+
+(_Venue_.)
+
+I hereby certify that, by virtue of the within writ, I have personally
+summoned as jurors the several persons named therein, viz. (give the list
+served; and if any are not served, add): and that the following named
+persons could not be found (giving their names.)
+
+Dated this ______ day of __________, 18______. G.W., Constable. Fees,
+etc.
+
+
+WARRANT FOR JUROR.
+
+State of __________,}
+ County of _________}ss.
+
+The State of __________ to the sheriff or any constable of said county:
+
+Whereas, on the ______ day of __________, A. D. 18______, a venire was
+duly issued by the undersigned, one of the justices of the peace of the
+said county, in the case of J.T. _vs_ A. M., then pending before me as
+such justice; and, whereas, one E.F. was duly named as juror therein, and
+said venire was duly served upon said E.F. by G.H., a constable of said
+county; and, whereas, the said E.F. failed to appear as such juror, or to
+render any reasonable excuse for his default, as appears from the return
+of said constable, and from my docket; now, therefore, you are hereby
+commanded forthwith to apprehend the said E.F. and bring him before me to
+show cause why he should not be fined for contempt in not obeying said
+writ, and to be further dealt with according to law.
+
+Given under my hand, etc.
+
+W.D.D., Justice of the Peace.
+
+
+DOCKET.
+
+(_With oral pleadings, jury trial, execution, etc._)
+
+State of _________,}
+ County of _______,}ss.
+
+In Justice Court.
+
+Before W.D.D., Justice of the Peace.
+
+
+J.T., Plaintiff,
+
+_against_
+
+A.M., Defendant.
+
+
+PLAINTIFF'S COSTS.
+
+_Justice's Fees_.
+
+Summons...............$  25
+Complaint.............   15
+Answer................   15
+Reply.................   15
+Adjournment...........   15
+Oath, 2d adjt.........   15
+2d adjournment........   15
+Filing two papers.....   10
+3d adjournment........   15
+Swearing jury.........   25
+Oath, nine witnesses.. 1 35
+Oath, officer.........   15
+Judgment..............   25
+Taxing costs..........   15
+
+                      $3 55
+
+_Constable's Fees_.
+
+On summons............$1 10
+Jury list.............   15
+Summoning jury........ 1 00
+1 day's att. court.... 1 00
+Attending jury........   50
+
+                      $3 75
+
+_Plaintiff's Witnesses_.
+W.A.,att. and mil.....$1 48
+L.D.,   "     "  ..... 1 24
+Z.S.,   "     "  ..... 1 12
+J.B.,   "     "  ..... 1 36
+
+                      $5 20
+
+                     $12 50
+
+August l, 1887.--Summons issued, returnable August 9,1887, at 1 o'clock
+P.M.
+
+August 5.--Summons returned by Constable S. (Here give the return of the
+officer.)
+
+August 9, 1 P.M.--Parties appeared and joined issue. Plaintiff complained
+orally upon a promissory note, and delivered the same to the court, and
+stated that there was due him $80 and interest thereon, which he claimed
+to recover Of defendant; verified the same. Defendant answered orally,
+alleging that said note was given for a horse, which horse was warranted
+to be sound, whereas, in fact, it was unsound, claiming $100 damages
+thereby; verified. Plaintiff replied orally, denying the warranty;
+verified. Plaintiff then applied for an adjournment, and the suit was
+adjourned to August 16, 1887, at 1 P.M., at my office.
+
+August 16, 1 P.M.--Parties appeared, and defendant applied for an
+adjournment of thirty days, to obtain material witness, and having shown
+cause therefor, upon oath, the suit was adjourned to September 16, 1887,
+at 1 P.M., at my office.
+
+September 16, 1887, 1 P.M.--Parties appeared, and defendant demanded a
+jury of twelve persons, paying their fees. Venire issued and delivered to
+Constable G.W. Cause adjourned to September 17, 1887, at 1 P.M., at my
+office, to give time to summon the jury, and for them to appear.
+
+September 17, 1 P.M.--Parties appear. Two of the jurors not appearing,
+G.D. and E.F. were summoned as talesmen. The following jurors were sworn:
+(Give the list.) The following witnesses were sworn for the plaintiff:
+(Note in order in the docket all exceptions taken to any testimony.) The
+following witnesses were sworn for the defendant, etc. The following
+witnesses were sworn in rebuttal, etc. (All exceptions to rulings of the
+court are to be noted in the docket in order whenever they occur.)
+
+September 17, 5 P.M.--After hearing the testimony, the jury retire, under
+charge of Constable G.W., sworn for that purpose.
+
+6 P.M.--Jury returned into court, and say that they find for the plaintiff
+for the sum of $86.00.
+
+Judgment rendered thereupon against the defendant for $86.00 and costs of
+suit, taxed at $12.50, on this 17th day of September, 1887.
+
+W.D.D., Justice of the Peace.
+
+September 29, 1887.--Execution issued for $86.00, and interest from
+September 17, and for $12.50 costs, and delivered to Constable G.W. to
+collect.
+
+W.D.D., Justice of the Peace.
+
+October 11.--Execution returned satisfied.
+
+W.D.D., Justice of the Peace.
+
+October 15,1887.--Received the above judgment and costs in full.
+
+J.T., Plaintiff.
+
+
+OATH TO JURORS.
+
+"You do solemnly swear that you will well and truly try the matters in
+difference between the parties in this cause, and a true verdict give,
+according to the evidence given you in court and the laws of this state.
+So help you God."
+
+
+OATH TO WITNESS.
+
+"You do solemnly swear that the evidence you shall give relative to the
+cause now under consideration shall be the whole truth, and nothing but
+the truth. So help you God."
+
+
+OATH TO OFFICER.
+
+"You do solemnly swear that you will keep this jury together in some
+suitable place, without food or drink, unless ordered by the court; that
+you will suffer no person to speak to them upon the matters submitted to
+their charge until they are agreed, nor will you speak to them yourself
+about the cause, except to ask them whether they are agreed; that you will
+permit no person to listen to, or overhear, any conversation or discussion
+they may have while deliberating on their verdict; that you will not
+disclose their verdict nor any conversation they may have respecting the
+cause, until they have delivered their verdict in court, or been
+discharged by order of the court. So help you God."
+
+
+EXECUTION.
+
+State of __________,}
+ County of _________}ss.
+
+The state of _________ to the sheriff or any constable of said county:
+
+Whereas, judgment against A.M. for the sum of (eighty-six) dollars, lawful
+money of the United States, and for (twelve) dollars and (fifty) cents,
+costs of suit, was recovered the _____ day of _________, 18_____, before
+me, at the suit of J.T.; these are therefore to command you to levy
+distress on the goods and chattels of the said A.M. (excepting as the law
+exempts), and make sale thereof according to law, in such case made and
+provided, to the amount of the said sum, together with twenty-five cents
+for this execution, and the same return to me within thirty days, to be
+rendered to the said J.T. for his said judgment and costs. Hereof fail
+not, under penalty of the law.
+
+W.D.D., Justice of the Peace
+
+
+ENDORSEMENTS ON EXECUTION.
+
+
+IN JUSTICE COURT
+
+COUNTY OF.........................................
+
+J.T., plaintiff
+
+_against_
+
+A.M., defendant
+
+EXECUTION.
+
+Collect Judgment........$86 00
+Costs................... 12 00
+                        ______
+                        $98 50
+
+Interest thereon at seven per cent, from Sept. 17, 1887, and your fees.
+
+W.D.D., Justice of the Peace
+
+Received the within execution Sept. 29, 1887.
+
+G.W., Constable.
+
+(See constable's return.)
+
+
+RETURN OF EXECUTION.
+
+(_Venue_.)
+
+By virtue of the within execution, on this first day of October, 1887, I
+have levied on one bay horse about seven years old, one single harness,
+and one single buggy, the property of the said A.M.
+
+G.W., Constable.
+
+
+CONSTABLE'S SALE.
+
+(_Venue_.)
+
+By virtue of an execution issued by E.M., justice of the peace, against
+the goods and chattels of A.M., I have seized and taken the following
+described property, to-wit: (describing it), which I shall expose for sale
+at public vendue to the highest bidder, on Tuesday, the eleventh day of
+October, 1887, at ten o'clock A.M. (in front of the postoffice), at _____,
+in said county.
+
+G. W., Constable.
+
+Dated Oct. 1, 1887.
+
+
+FINAL RETURN.
+
+(_Venue_.)
+
+I hereby certify that, by virtue of the within execution, on the first day
+of October, 1887, I levied on the goods and chattels in the annexed
+inventory named, the property of said A.M., and on the first day of
+October, 1887, I advertised the said property for sale by posting up in
+three public places in the election district where it was to be sold,
+to-wit, in the town of _________, three notices describing said property,
+and giving notice of the time and place, when and where the same would be
+exposed for sale; that at the time so appointed (naming it), I attended at
+the place mentioned in said notice (naming the place), and then and there
+exposed the said goods and chattels to sale at public vendue to the
+highest bidder; and sold the said horse to John Smith, for $76; the
+harness to Edward White, for $13.50; and the buggy to Samuel Jones, for
+$23.40, they being the highest bidders therefor; that I have retained
+$4.16, my fees and disbursements, from said amount, and have applied
+$86.40 in payment of the within execution, Which is hereby returned fully
+satisfied.
+
+G. W., Constable.
+
+(Dated and signed.)
+
+
+
+_II. Criminal Prosecutions._
+
+
+OATH TO COMPLAINANT.
+
+"You do solemnly swear that you will true answers make to such questions
+as shall be put to you touching this complaint against R.F. So help you
+God."
+
+
+CRIMINAL COMPLAINT.
+
+State of _________,}
+ County of _______,}ss.
+
+The complaint of J.D., of said county, made before A.J.S., Esq., one of
+the justices of the peace in and for said county, who, being duly sworn,
+on his oath says, that on the _____ day of _________, 18_____, at the
+_____ of _________, in said county, one R.F. did * threaten to beat (or
+wound, or maim, or as the case may be) him, the said J.D., and to do him
+great bodily harm; (or to burn his dwelling-house; or as the case may be);
+and that he has great cause for fear the said R.F. will beat, etc., (as
+above.) The said J.D., therefore, prays surety of the peace to be granted
+him against the said R.F., and this he does, not from any private malice
+or ill-will towards the said R.F., but simply because he is afraid, and
+has good cause to fear, that the said R.F. will beat, etc., (as above),
+against the form of the statute in such case made and provided, and
+against the peace and dignity of the state of Minnesota, * and prays that
+the said R.F. may be arrested and dealt with according to law.
+
+J.D.
+
+(_Jurat_.)
+
+A.J.S., Justice of the Peace.
+
+
+WARRANT.
+
+State of _________,}
+ County of _______,}ss.
+
+The State of _________ to the sheriff or any constable of said county:
+
+Whereas, J.D. has this day complained in writing to me, on oath, that
+R.F., on the _____ day of _________, 18_____, at _________ in said county,
+did (insert the statement of the offense, as in the complaint); and prayed
+that the said R.F. might be arrested and dealt with according to law; Now,
+therefore, you are commanded forthwith to apprehend the said R.F., and
+bring him before me, to be dealt with according to law; and you are also
+commanded to summon A.B., C.D., and E.F., material witnesses in said
+complaint, to appear and testify concerning the same.
+
+Given under my hand this day of, A.D. 18_____.
+
+A.J.S., Justice of the Peace.
+
+
+RETURN ON WARRANT.
+
+(_Venue_.)
+
+I hereby certify that by virtue of the within warrant I have arrested the
+within named defendant, and have him now before the court in custody.
+
+(Fees, etc.)
+
+(Dated.)
+
+J.N., Constable.
+
+
+RECOGNIZANCE.
+
+State of _________,}
+ County of _______,}ss.
+
+We, R.F., as principal, and J.B. and L.O., as sureties, of _________, in
+said county, acknowledge ourselves to owe and be indebted unto the state
+of Minnesota in the sum of (two hundred) dollars, to be levied of our
+several goods and chattels, lands and tenements, to the use of said state,
+if default be made in the condition following, to-wit:
+
+The condition of this recognizance is such, that if the above bounden R.F.
+shall and does keep the peace, and be of good behavior, for the period of
+(three months) from the date hereof, towards all the people of this state,
+and particularly towards J.D., then this recognizance to be void;
+otherwise of force.
+
+R.F.
+
+J.B.
+
+L.O.
+
+Taken and acknowledged before me, etc.
+
+A.J.S., Justice of the Peace.
+
+
+COMMITMENT.
+
+State of _________,}
+ County of _______,}ss.
+
+The State of _________ to the sheriff or any constable, and to the keeper
+of the common jail of said county:
+
+Whereas, B.F. was, on the _____ day of _________, 18_____, brought before
+the undersigned, one of the justices of the peace in and for said county,
+charged, on the oath of J.D., with having, on the _____ day of _________,
+18_____, at _____, in the said county (here state the offense as charged
+in the warrant), and upon examination of the said charge, it appearing to
+me that there is just cause to fear that such offense will be committed by
+the said R.F., he was ordered to enter into a recognizance, with
+sufficient sureties in the sum of ($200), to keep the peace toward all the
+people of this state, and especially toward the said J.D., for the term of
+(three) months; and the said R.F. having refused (or failed, or
+neglected,) to comply with such order: Now, therefore, you, the said
+constable, are commanded forthwith to convey and deliver into the custody
+of the said keeper the body of the said R.F., and you, the said keeper,
+are hereby commanded to receive the said R.F. into your custody in the
+said jail, and him there safely kept for the term of (three) months from
+the date hereof, or until he so recognizes as aforesaid, or until he shall
+thence be discharged by due course of law.
+
+Given under my hand this _____ day of _________, A.D. 18_____.
+
+J.P., Justice of the Peace.
+
+
+JAILER'S RECEIPT.
+
+(_Venue_.)
+
+I hereby certify that I have received into my custody the within named
+R.F., and have lodged him in the common jail of said county, as within
+commanded.
+
+Dated, etc.
+
+L.S.P., Sheriff, by G.S., Deputy.
+
+
+CONSTABLE'S RETURN.
+
+(_Venue_.)
+
+I hereby certify that by virtue of the within warrant I have delivered the
+within named R.F. to the keeper of the common jail of the said county, as
+appears by his receipt indorsed hereon.
+
+Dated, etc. T.R., Constable.
+
+Fees, etc.
+
+
+
+_III. Miscellaneous._
+
+
+COMPLAINT FOR SEARCH WARRANT.
+
+(Follow form "Criminal Complaint" to the *, then say): Divers goods and
+chattels, viz.: (describing them particularly, and their value,) were
+feloniously stolen, taken and carried away; and that the said C.W. has
+good reason to believe, and does believe, that the said goods and chattels
+are concealed in the (dwelling-house) of one J.S., situated in the (town)
+of _________, in said county (particularly describing the place), and that
+the grounds of his said belief are as follows: (here state the facts and
+circumstances on which his belief is founded.) He, therefore, prays that a
+warrant may issue to make search for said goods and chattels in said
+(dwelling-house) of the said J.S., according to the statute in such case
+made and provided.
+
+C.W.
+
+(_Jurat_.)
+
+
+SEARCH WARRANT.
+
+(Use the general form of warrant, except in the concluding sentence say):
+Now, therefore, you are commanded forthwith to enter the (dwelling-house)
+of one J.S., situated, etc., (particularly describing the place), and
+there make search for the above described property (or, as the case may
+be); and if the same, or any part thereof, shall there be found, you are
+hereby commanded to bring the same, together with the person(s) in whose
+possession the same may be found, before me, to be dealt with according to
+law.
+
+Given under my hand, etc.
+
+A.J.S., Justice of the Peace.
+
+
+
+_Probate Court._
+
+
+PETITION FOR ADMISSION OF WILL.
+
+State of _________,}
+ County of _______,}ss.
+
+In Probate Court.
+
+To the Judge of said Court:
+
+The petition of _________ of said _________, respectfully represents that
+_________ late of _________, deceased the _____ day of _________, at
+_____, died testate, as petitioner believe; that the instrument in writing
+herewith presented to this court, is the last will and testament of said
+deceased as petitioner believe; and that _________ the said petitioner
+_________ the identical _________ named and appointed in and by said last
+will and testament as executor thereof; that the heirs at law of said
+deceased are _________.
+
+Your petitioner would further represent, that the goods, chattels and
+personal estate of said deceased amount to about _____ dollars; and that
+the said deceased left debts due and unpaid to the probable amount of
+_____ dollars.
+
+Your petitioner would pray that a day be appointed for hearing the proofs
+of said last will and testament, and that public notice thereof be given
+to all persons interested, as this court shall direct; and that upon the
+proof and allowance of said will, and the approval of the bond of your
+petitioner _________, letters testamentary be to _________ issued thereon,
+and appraisers and commissioners appointed, according to the rules and
+practices of this court.
+
+Dated at _____, this _____ day of _____, A.D. 18_____.
+
+
+State of _________,}
+ County of _______,}ss.
+
+On this day of _____, A.D. 18_____, before me personally appeared the
+above named _____ and made oath that _____ he heard read the above and
+foregoing petition, subscribed by _____ and know the contents thereof, and
+that the same is true of _____ own knowledge, except as to the matters
+which are therein stated to be on _____ information and belief, and as to
+those matters he believe it to be true.
+
+
+ORDER ADMITTING WILL.
+
+State of _________,}
+ County of _______,}ss.
+
+In Probate Court. Term _____, 18_____
+
+In the matter of the estate of _____, deceased.
+
+Pursuant to an order of this court made in the above entitled matter, on
+the _____ day of _____, 18_____, the hearing of the proofs of that certain
+instrument bearing date the _____ day of _____, 18_____, purporting to be
+the last will and testament of _____, deceased, came on this day; and it
+appearing to the satisfaction of the court that the notice directed in the
+order aforesaid to be given, has been given; thereupon _____ and _____,
+the subscribing witnesses to said instrument, were duly sworn and examined
+on behalf of the proponent thereof, their testimony reduced to writing,
+subscribed by them, and filed. And it appearing to the court after a full
+hearing and examination of the testimony in said matter, that said _____
+died on the _____ day of _____, 18_____, testate, in the said county of
+_____, and that he was at the time of his death a resident of said county,
+and left assets therein; that said instrument offered for probate as and
+for the last will and testament of said deceased, was duly executed as his
+last will and testament by said testator according to law; that said
+testator, at the time of executing the same, was of sound mind, of lawful
+age and under no restraint, and that the same is valid and genuine; and no
+adverse appearance or objection being made:
+
+Now, therefore, it is ordered, adjudged, and decreed, that said instrument
+be and hereby is established and allowed as the last will and testament of
+said _____, deceased, and that the same hereby is admitted to probate.
+Ordered, further, that said last will and testament, with a certificate of
+the probate thereof, be recorded.
+
+Judge of Probate.
+
+
+CERTIFICATE OF PROOF OF WILL.
+
+State of _______,}
+ County of ______}
+
+In Probate Court.
+
+In the matter of the estate of _____, deceased:
+
+Be it remembered, that on the day of the date hereof, at a _____ term of
+said probate court, pursuant to notice duly given, the last will and
+testament of _____, late of said county of _____, deceased, bearing date
+the _____ day of_____, 18_____, and being the annexed written instrument,
+was duly proved before the probate court in and for the county of
+aforesaid; and was duly allowed and admitted to probate by said court
+according to law, as and for the last will and testament of said
+_________, deceased, which said last will and testament is recorded and
+the examination taken thereon filed in this office.
+
+In testimony whereof, the judge of the probate court of said county hath
+hereunto set his hand and affixed the seal of the said court, at _____ in
+said county, this _____ day of _________, A.D. 18_____
+
+Judge of Probate.
+
+
+LETTERS TESTAMENTARY.
+
+State of _______,}
+ County of ______}ss
+
+The State of _______, to all to whom these presents shall come or may
+concern, and especially to _______ of the county of _______ and state of
+_______, greeting:
+
+Know ye, that whereas, _______ late of the county of _______ and state of
+_______, lately died testate, and being at the time of his decease a
+_______ of said county, by means whereof the proving and recording his
+last will and testament, and granting administration of all and singular
+the goods, chattels, rights, credits and estate whereof he died possessed,
+and also the auditing, allowing and finally discharging the account
+thereof, is within the jurisdiction of the probate court of said county of
+_______.
+
+And whereas, on the _____ day of _______, A.D. 18_____, at _______ in said
+county, before the Hon. _______, probate judge of said county, the last
+will and testament of the said _______ (a copy whereof is hereunto
+annexed) was proved, allowed and admitted to probate: And, whereas,
+_______, executor named and appointed in and by said last will and
+testament, has given bond, as required by law, for the faithful execution
+of said trust, which said bond has been approved by said judge, and filed
+in the aforesaid probate court; we therefore, reposing full confidence in
+your integrity and ability, have granted and by these presents do grant
+the administration of all and singular the goods, chattels, rights,
+credits and estate of the said deceased, and any way concerning his said
+last will and testament, unto you, the said _______ executor aforesaid:
+Hereby authorizing and empowering you to take and have possession of all
+the real and personal estate of said deceased, and to receive the rents,
+issues and profits thereof, until said estate shall have been settled, or
+until delivered over by order of said court, to the heirs or devisees of
+said deceased; and to demand, collect, recover and receive all and
+singular, the debts, claims, demands, rights, and chooses in action, which
+to the said deceased while living and at the time of his death did belong;
+and requiring you to keep in good tenantable repair, all houses, buildings
+and fences on said real estate, which may and shall be under your control,
+and in accordance with your bond approved and filed as aforesaid, to make
+and return into the probate court of said county of _______ within three
+months, a true and perfect inventory of all the goods, chattels, rights,
+credits and estate of said deceased, which shall come to your possession
+or knowledge, or to the possession of any other person for you; to
+administer, according to law, and to said last will and testament, all the
+goods, chattels, rights, credits and estate of the said deceased, which
+shall at any time come to your possession or to the possession of any
+other person for you, and out of the same to pay and discharge all debts,
+legacies and charges chargeable on the same, or such dividends thereon as
+shall be ordered and decreed by said court; to render a just and true
+account of your administration to said court within one year, and at any
+other time when required by said court, and to perform all orders and
+decrees of said court, by you to be performed in the premises.
+
+In testimony whereof, we have caused the seal of our probate court to be
+hereunto affixed: Witness the Hon. _______, judge of probate, at _______,
+in said county, this _____ day of _______, A.D. 18_____.
+
+ Judge of Probate Court,   County of _______, _______.
+
+
+FORM OF WILL.
+
+I, (name of testator), of (residence), being of sound mind and memory, do
+hereby make, publish, and declare this to be my last will and testament,
+hereby revoking and making void all former wills by me at any time
+heretofore made.
+
+First.--I order and direct my executors, as soon after my death as
+possible, to pay off and discharge all debts and liabilities that may
+exist against me at the time of my decease.
+
+Second.--I give and bequeath unto my wife, (naming her, and specifying
+property bequeathed.)
+
+Third.--I give and bequeath unto my son, (naming him, and specifying
+property bequeathed.)
+
+And so on for each legacy.
+
+Fourth.--I hereby nominate and appoint (naming the person or persons) as
+the executors of this, my last will and testament.
+
+In witness whereof, I have hereunto subscribed my name, this day of
+_______, A.D. _______ Autograph signature of testator.
+
+The above and foregoing instrument was at the date thereof signed, sealed,
+published, and declared, by the said (name of testator), as and for his
+last will and testament, in presence of us, who, at his request, and in
+his presence, and in the presence of each other, have subscribed our names
+as witnesses.
+
+ Name _______,     Residence.   Name _______,     Residence.
+
+
+For citations, pupils should watch the newspapers and make clippings.
+
+
+_District Court_.
+
+HABEAS CORPUS.
+
+State of _______,}
+ County of ______}ss
+
+District Court, Judicial District.
+
+The State of ________ to
+
+You are hereby commanded to have the body of ________, by you imprisoned
+and detained, as it is said, together with the time and cause of such
+imprisonment and detention, by whatsoever name the said ________ shall be
+called or charged, before the Honorable ________, judge of the district
+court, ________ to do and receive what shall then and there be considered
+concerning the said ________. And have you then and there this writ.
+
+Witness the Honorable ________, judge of said district court, at ________
+in said county, this _____ day of ________, A.D. 18_____.
+
+________ Clerk.
+
+
+
+INDICTMENT.
+
+State of _______,}
+ County of ______}ss
+
+District Court, Judicial District.
+
+The State of ________ against ________, accused by the grand jury of the
+county of ________, in the state of ________, by this indictment of the
+crime of ________, committed as follows:
+
+The said ________, on the _____ day of ________, A.D. 18_____, at the city
+of ________, in the county of ________, and state of ________, did,
+without the authority of law, and with malice aforethought, ________,
+contrary to the form of the statute in such case made and provided, and
+against the peace and dignity of the state of ________.
+
+Dated at the city of ________, in the county of ________, and state of
+________, this _____ day of ________, A.D. 18_____.
+
+A.L.H., Foreman of the Grand Jury.
+
+Names of witnesses examined before the grand jury: B.F.H., R.D.H., A.F.B.,
+E.S., H.P.C., L.H.
+
+
+NATURALIZATION PAPERS.
+
+(_First Paper_.)
+
+State of _______,}
+ County of ______}ss
+
+I, ________, do solemnly declare on oath to ________, clerk of the
+district court of the county of ________, and state of ________, that it
+is bona fide my intention to become a citizen of the United States, and to
+renounce forever all allegiance and fidelity to any foreign prince,
+potentate, state or sovereignty whatever, and particularly to the
+sovereign of ________, whereof I was heretofore a citizen or subject.
+
+
+(Signed.)
+
+Subscribed and sworn to before me this _____ day of _______, A.D. 18__.
+
+Clerk of said Court.
+
+
+State of _______,}
+ County of ______}ss
+
+I hereby certify that the foregoing is a true copy of the original
+declaration of _______, this day filed in my office.
+
+In testimony whereof, I have hereunto subscribed my name and affixed the
+seal of the district court aforesaid, at _______, this ____ day of
+_______, A.D. 18__.
+
+Clerk.
+
+
+(Second Paper.)
+
+State of _______,}
+ County of ______}ss
+
+District Court, Judicial District.
+
+Be it remembered, that on this ____ day of _______, 18__, _______ appeared
+in the district court of the _____ judicial district of the State of
+_______, and for the county aforesaid, the said court being a court of
+record, having a common law jurisdiction and a clerk and seal, and applied
+to said court to be admitted to become a citizen of the United States of
+America, pursuant to the several acts of congress of the United States of
+America for that purpose made and provided; and the said applicant having
+thereupon produced to the court such evidence, declaration and
+renunciation, and having taken such oaths as are by the said acts required:
+Thereupon it was ordered by the said court that the said applicant be
+admitted, and he was accordingly admitted by the said court to be a
+citizen of the United States of America.
+
+In testimony whereof, I have hereunto subscribed my name and affixed the
+seal of the court aforesaid, this ____ day of _______, A.D. 18__.
+
+Clerk of said Court.
+
+
+SATISFACTION OF JUDGMENT.
+
+State of _______,}
+ County of ______}ss
+
+District Court, Judicial District.
+
+(_Title of Cause._)
+
+The judgment in the above entitled action, rendered in _______ county,
+_______, on the ____ day of _______, A.D. 18__, and duly docketed in the
+office of the clerk of the district court of said county, on the ____ day
+of _______, A.D. 18__, for $____ in favor of _______ against _______, is
+paid and satisfied in full; and the clerk of said court is hereby
+authorized to discharge said judgment of record.
+
+In testimony whereof, _______ has hereunto set _____ hand and seal this
+____ day of _______, A.D. 18__.
+
+Signed, sealed and delivered in presence of _______
+
+[Seal.] [Seal.] [Seal.]
+
+
+State of _______,}
+ County of ______}ss
+
+On this ____ day of _______, A.D. 18__, before me, the subscriber, a
+_______ in and for said county, personally appeared _______ to me known to
+be the person described in, and who executed the foregoing instrument, and
+acknowledged that he executed the same as _______ free act and deed.
+
+
+
+APPENDIX B.--TABLES.
+
+
+COMPARATIVE LEGISLATIVE TABLE OF THE STATES.
+
++====+================+=============================+================+
+|    |State           |Legislature                  |Senate          |
+|    |                +--------------+--------------+-------+-----+--|
+|    |                |Name          |Houses        |Number |Term/Age|
++====+================+==============+==============+=======+===+====+
+|1   |Alabama         |Leg.          |S. & R.[2]    |33     |4  |27  |
+|2   |Arkansas        |"             |S. & R.       |32     |4  |25  |
+|3   |California      |"             |S. & A.       |40     |4  |21  |
+|4   |Colorado        |"             |S. & R.       |26     |4  |25  |
+|5   |Connecticut     |Gen. A. [d]   |"             |24     |2  |21  |
+|6   |Delaware        |Leg.          |"             |9      |4  |27  |
+|7   |Florida         |"             |S. & A.       |32     |4  |21  |
+|8   |Georgia         |Gen. A.       |S. & R.       |44     |4  |25  |
+|9   |Idaho           |Leg.          |"             |48     |2  |21  |
+|10  |Illinois        |"             |"             |51     |4  |25  |
+|11  |Indiana         |"             |"             |50     |4  |25  |
+|12  |Iowa            |Gen. A.       |"             |50     |4  |25  |
+|13  |Kansas          |Leg.          |"             |40     |4  |21  |
+|14  |Kentucky        |"             |"             |38     |4  |30  |
+|15  |Louisiana       |Gen. A.       |"             |35     |4  |25  |
+|16  |Maine           |Leg.          |"             |31     |2  |25  |
+|17  |Maryland        |Gen. A.       |S. & D.[e]    |26     |4  |25  |
+|18  |Massachusetts   |Gen. Ct. [f]  |S. & R.       |40     |1  |21  |
+|19  |Michigan        |Leg.          |"             |32     |2  |21  |
+|20  |Minnesota       |"             |"             |63     |4  |21  |
+|21  |Mississippi     |"             |"             |40     |4  |25  |
+|22  |Missouri        |Gen. A.       |"             |34     |4  |30  |
+|23  |Montana         |Leg. A.       |"             |16     |4  |24  |
+|24  |Nebraska        |Leg.          |"             |33     |2  |21  |
+|25  |Nevada          |"             |S. & Ass.     |20     |4  |21  |
+|26  |New Hampshire   |Gen. Ct.      |S. & R.       |24     |2  |30  |
+|27  |New Jersey      |Leg.          |S. & Gen. A.  |21     |3  |30  |
+|28  |New York        |"             |S. & Ass.     |50     |2  |21  |
+|29  |North Carolina  |Gen. A.       |S. & R.       |50     |2  |25  |
+|30  |North Dakota    |Leg. A.       |"             |50[3]  |4  |25  |
+|31  |Ohio            |Gen. A.       |"             |37     |2  |30  |
+|32  |Oregon          |Leg. A.       |"             |30     |4  |21  |
+|33  |Pennsylvania    |Gen. A.       |"             |50     |4  |25  |
+|34  |Rhode Island    |"             |"             |36     |1  |21  |
+|35  |South Carolina  |"             |"             |35[h]  |4  |25  |
+|36  |South Dakota    |Leg.          |"             |45[3]  |2  |25  |
+|37  |Tennessee       |Gen. A.       |"             |33     |2  |30  |
+|38  |Texas           |Leg.          |"             |31     |4  |26  |
+|39  |Utah            |"             |"             |18     |4  |25  |
+|40  |Vermont         |Gen. A.       |"             |30     |2  |30  |
+|41  |Virginia        |"             |S. & D.[e]    |40     |4  |21  |
+|42  |Washington      |Leg.          |S. & R.       |35     |4  |21  |
+|43  |West Virginia   |"             |S. & D.       |24     |4  |21  |
+|44  |Wisconsin       |"             |S. & Ass.     |33     |4  |21  |
+|45  |Wyoming         |"             |S. & R.       |16     |4  |25  |
+|46  |Territories     |"             |Leg. C. & R.  |12     |2  |21  |
++====+================+==============+==============+=======+===+====+
+
+COMPARATIVE LEGISLATIVE TABLE OF THE STATES.
+
+[Transcriber's Note: Right-hand page, continuing previous table]
+
++===+===============+===============+======+========================+
+|   |House.         |Meeting.              | Salary                 |
++---+------+----+---+-----+---------+------+------------------------+
+|   |Number|Term|Age|Freq |Duration |Begins| Same for each House,   |
+|   |      |    |   |     |         |      | presiding Officer      |
+|   |      |    |   |     |         |      | usually double.        |
++===+======\====/===/=====+=========+=====/=========================+
+|1  |100    |2 |21 |B.    |50       |Nov. |$4 and 10c. mileage.[1]  |
+|2  |92     |2 |21 |B.    |60       |Jan. |$6 a day.                |
+|3  |80     |2 |21 |B.    |60       |"    |$8 and 10c. mileage,     |
+|   |       |  |   |      |         |     |and $25.                 |
+|4  |49     |2 |25 |B.    |90       |"    |$7 and 15.c mileage.     |
+|5  |249[a] |2 |21 |B.    |.....[b] |"    |$300 and mileage.        |
+|6  |20     |2 |24 |B.    |.....    |"    |$3 and mileage.          |
+|7  |76     |2 |21 |B.    |60       |"    |$6 and 10c. mileage.     |
+|8  |175    |2 |21 |A.    |50[c]    |Oct. |$4 and mileage.          |
+|9  |36     |2 |21 |B.    |60       |Jan. |$5 and 10c. mileage.     |
+|10 |153    |2 |21 |B.    |.....    |"    |$5 and 10c. mileage,     |
+|   |       |  |   |      |         |     |and $50.                 |
+|11 |100    |2 |21 |B.    |60       |"    |$6 and 20c. mileage.     |
+|12 |100    |2 |21 |B.    |.....    |"    |$500 per term and 10c.   |
+|   |       |  |   |      |         |     |mileage.                 |
+|13 |125    |2 |21 |B.    |50       |"    |$3 and 15c. mileage.[1]  |
+|14 |100    |2 |24 |B.    |60[c]    |Dec. |$5 and 15c. mileage.     |
+|15 |98     |4 |21 |B.    |60       |May. |$4 and mileage.          |
+|16 |151    |2 |21 |B.    |.....    |Jan. |$150 a year and 20c.     |
+|   |       |  |   |      |         |     |mileage.                 |
+|17 |91     |2 |21 |B.    |90       |"    |$5 and mileage.[1]       |
+|18 |240    |1 |21 |A.    |.....    |"    |$170 a year and 20c.     |
+|   |       |  |   |      |         |     |mileage.                 |
+|19 |100    |2 |21 |B.    |.....    |"    |$3 and 10c. mileage.[1]  |
+|20 |119    |2 |21 |B.    |90       |"    |$5 and 15c. mileage.     |
+|21 |120    |4 |21 |Q.[j] |.....    |"    |$400 per reg. sess. and  |
+|   |       |  |   |      |         |     |10c. mileage.            |
+|22 |140    |2 |24 |B.    |70       |"    |$5 and mileage, and $30. |
+|23 |55     |2 |21 |B.    |60       |"    |$6 and 20c. mileage.[1]  |
+|24 |100    |2 |21 |B.    |90       |"    |$5 and 10c. mileage.[1]  |
+|25 |40     |2 |21 |B.    |60       |"    |$7 and 40c. mileage.     |
+|26 |321    |2 |21 |B.    |.....    |"    |$200 per term.           |
+|27 |60     |1 |21 |A.    |.....    |"    |$500 a year.[1]          |
+|28 |150    |1 |21 |A.    |.....    |"    |$1500 and 10c.           |
+|   |       |  |   |      |         |     |mileage.[1]              |
+|29 |120    |2 |21 |B.    |60       |"    |$4 and 10c. mileage.[1]  |
+|30 |140[3] |2 |21 |B.    |60       |"    |$5 and 10c. mileage.[1]  |
+|31 |110    |2 |25 |B.    |.....    |"    |$600 and 10c. mileage.   |
+|32 |60     |2 |21 |B.    |40       |"    |$3 and 15c. mileage.[1]  |
+|33 |201    |2 |21 |B.    |.....    |"    |$1500 and 5c. mileage,   |
+|   |       |  |   |      |         |     |and $100.                |
+|34 |72[a]  |1 |21 |A.[g] |.....    |May. |$1 and 8c. mileage.[1]   |
+|35 |123    |2 |22 |A.    |.....    |Jan. |$4 and 10c. mileage.     |
+|36 |135[3] |2 |25 |B.    |.....    |"    |$5 and 10c. mileage.[1]  |
+|37 |99     |2 |21 |B.    |75       |"    |$4 and 16c. mileage.[1]  |
+|38 |106    |2 |21 |B.    |90       |"    |$5 and 20c. mileage.[1]  |
+|39 |45     |2 |25 |B.    |60       |"    |$4 and 10c. mileage.     |
+|40 |240    |2 |21 |B.    |.....    |Oct. |$3 a day.                |
+|41 |100    |2 |21 |B.    |90[c]    |Dec. |$540 a year.             |
+|42 |70     |2 |21 |B.    |60       |Jan. |$5 and 10c. mileage.[1]  |
+|43 |65     |2 |21 |B.    |45[c]    |"    |$4 and 10c. mileage.[1]  |
+|44 |100    |2 |21 |B.    |.....    |"    |$500 and 10c. mileage.[1]|
+|45 |33     |2 |21 |B.    |40       |"    |$5 and 15c. mileage.     |
+|46 |24     |2 |21 |B.    |60       |"[i] |$4 and 20c. mileage.     |
++===+=======+==+===+======+=========+=====+=========================+
+
+[Footnote a: "One from each town."]
+
+[Footnote b: No limitation.]
+
+[Footnote c: May be extended by special vote.]
+
+[Footnote d: General Assembly.]
+
+[Footnote e: House of Delegates.]
+
+[Footnote f: General Court.]
+
+[Footnote g: Two sess. annually, in May and Oct.]
+
+[Footnote h: "One for each county."--State Const.]
+
+[Footnote i: New Mexico in December.]
+
+[Footnote j: Quadrennially in general session, with sp. sess midway
+between.]
+
+[Footnote 1: State constitution.]
+
+[Footnote 2: Senate and house of representatives.]
+
+[Footnote 3: "Not more than."--Constitution.]
+
+
+COMPARATIVE EXECUTIVE TABLE OF THE STATES.
+
+[Transcriber's Note: These pages were modified slightly from their
+original form. The originals were printed lengthwise (landscape-style)
+across both pages to take maximum advantage of space. As this cannot be
+done in an ASCII medium, the table has had line numbers added to it like
+the Legislative Table above (which _was_ done in the original), and will
+be shown in continuing pieces.]
+
++===+===============+=============================================+
+|   |STATES.        |               GOVERNOR.                     |
+|   |               +----------------+------+----------+----------|
+|   |               |Qualifications. |Term. |Salary.   |Election. |
+|   |               |                |years.|          |          |
++===+===============+================+======+==========+==========+
+|1  |Alabama        |30,c,r7[a]      |2     |$3,000    |P[b]      |
+|2  |Arkansas       |30,c,r7         |2     | 3,500    |P         |
+|3  |California     |30,c,r2         |4     | 6,000    |P         |
+|4  |Colorado       |30,c,r2         |2     | 5,000    |P         |
+|5  |Connecticut    |30,voter        |2     | 4,000    |M[d]      |
+|6  |Delaware       |30,C12,c6[4][i] |4[h]  | 2,000[1] |P         |
+|7  |Florida        |C 9,c3          |4     | 3,500    |P         |
+|8  |Georgia        |30,C15,C6       |2     | 3,000[1] |M         |
+|9  |Idaho          |30,c,r2         |2     | 3,000    |P         |
+|10 |Illinois       |30,C5,c5        |4     | 6,000[1] |P         |
+|11 |Indiana        |30,C5,r5        |4[h]  | 5,000    |P         |
+|12 |Iowa           |30,C,r2         |2     | 3,000    |P         |
+|13 |Kansas         |............... |2     | 3,000    |P         |
+|14 |Kentucky       |35,C,r6         |4[h]  | 6,500[1] |P         |
+|15 |Louisiana      |C,r2            |4[h]  | 4,000    |P         |
+|16 |Maine          |30,C,r5[f]      |2     | 2,500    |M[d]      |
+|17 |Maryland       |30,c10,r5       |4     | 4,500[1] |P         |
+|18 |Massachusetts  |37,Christian    |1     | 8,000    |M[d]      |
+|19 |Michigan       |30,C5,r2        |2     | 4,000    |P         |
+|20 |Minnesota      |25,C,r1         |2     | 5,000    |P         |
+|21 |Mississippi    |30,C20,r2       |4     | 4,000[1] |P         |
+|22 |Missouri       |35,C10,r7       |4     | 5,000[1] |P         |
+|23 |Montana        |30,C,r2         |4     | 5,000    |P         |
+|24 |Nebraska       |30,C2,c2        |2     | 2,500    |P         |
+|25 |Nevada         |25,C,r2         |4     | 5,000    |P         |
+|26 |New Hampshire  |30,r7           |2     | 2,000    |M[d]      |
+|27 |New Jersey     |30,C20,r7       |3[h]  |10,000    |P         |
+|28 |New York       |30,C,r5         |2     |10,000[1] |P         |
+|29 |North Carolina |30,C5,r2        |4     | 3,000[1] |P         |
+|30 |North Dakota   |30,C,c,r5       |2     | 3,000    |P         |
+|31 |Ohio           |Voter           |2     | 8,000    |P         |
+|32 |Oregon         |30,C,r3         |4     | 1,500    |P         |
+|33 |Pennsylvania   |30,r7           |4     |10,000[1] |P         |
+|34 |Rhode Island   |Voter,c         |1     | 3,000    |M[d]      |
+|35 |South Carolina |30,C2,c,r2      |2     | 3,500[1] |P         |
+|36 |South Dakota   |30,c,c,r2       |2     | 2,500    |P         |
+|37 |Tennessee      |30,C,c7         |2     | 4,000    |P         |
+|38 |Texas          |30,C,r5         |2     | 4,000[1] |P         |
+|39 |Utah           |30,c,r5         |4     | 2,000    |P         |
+|40 |Vermont        |Voter           |2     | 1,500    |M         |
+|41 |Virginia       |30,c,r3         |4[h]  | 5,000[1] |P         |
+|42 |Washington     |C,c             |4     | 4,000    |P         |
+|43 |West Virginia  |Voter           |4     | 2,700    |P         |
+|44 |Wisconsin      |Voter           |2     | 5,000    |P         |
+|45 |Wyoming        |30,C,r5         |4     | 2,500    |P         |
+|46 |Territories    |Partisan        |4     | 2,600    |A[j]      |
++===+===============+================+======+==========+==========+
+
+COMPARATIVE EXECUTIVE TABLE OF THE STATES.
+
+[Transcriber's Notes: Next set of columns, continuing table.]
+
++===+===========================+==================================+
+|   |    Lieut. Gov.            |Usual Administrative Officers     |
++---+------------+--------------+-----------+----------+-----------+
+|   |Term and    |Succession to |Secretary  |State     |State      |
+|   |Salary      |Governorship  |of state   |Treasurer |Auditor or |
+|   |            |              |           |          |Comptroller|
++===+============+==============+===========+==========+===========+
+|1  |None        |P,S[3]        |2, 1800    |2, 2150   |2, 1800    |
+|2  |None        |P,S           |2, 1800    |2, 2250   |2, 2250    |
+|3  |4, 3000     |L,P           |4, 3000    |4, 3000   |4, 3000    |
+|4  |2, 1000     |L,P,S[e]      |2, 3000    |2, 3000   |2, 2000    |
+|5  |2,  500[2]  |L,P,S         |2, 1500    |2, 1500   |2, 1200    |
+|6  |None        |P,S           |4, 1000[j] |2, 1450   |4,  200    |
+|7  |4,  500     |L,P           |4, 1500    |4, 2000   |4, 1500    |
+|8  |None.       |P             |2, 2000    |2, 2000   |2, 2000    |
+|9  |2, $7.50/day|L,P,S         |2, 1800    |2, 1000   |2, 2000    |
+|10 |4, 1000     |L,P           |4, 3500    |2, 3500   |4, 3500    |
+|11 |4, $8/day[2]|L,P           |2, 2000    |2, 3500   |2, 2500    |
+|12 |2, 1100     |L,P,S         |2, 2200    |2, 2200   |   1500    |
+|13 |2, $6/day   |L,P,S         |2, 2000    |2, 2500   |2, 2500    |
+|14 |4,          |L,P,S         |4, 1500    |2, 2400   |4,  500    |
+|   |$10/day[2]  |              |           |          |           |
+|15 |4, $8/day   |L,P           |4, 1800    |4, 2000   |4, 3000    |
+|16 |None.       |P,S           |2, 1200    |2, 1600   |2, 1000    |
+|17 |None.       |P,S           |4, 2000    |2, 2500   |4, 3000    |
+|18 |1,  200     |L. Council    |1, 3000    |1, 5000   |1, 4000    |
+|19 |2, 1200     |L,P           |2, 2000    |2, 2000   |2, 3000    |
+|20 |2, $10/day  |L,P           |2, 3500    |2, 3500   |2, 3500    |
+|21 |4,  800[2]  |L,P,S         |4, 2500    |4, 2500   |4, 2500    |
+|22 |4, $5/day[2]|L,P,S         |4, 3000    |4, 3000   |.......    |
+|23 |4, $12/day  |L,P,S         |4, 3000    |4, 3000   |4, 3000    |
+|24 |2, $6/day   |L,P,S         |2, 2000    |2, 2500   |2, 2500    |
+|25 |Lib.        |L,P           |4, 3000    |4, 3000   |4, 3000    |
+|   |4, 2700     |              |           |          |           |
+|26 |None.       |P             |2,  800    |2, 1800   |.......    |
+|27 |None.       |P             |5, 6000    |3, 6000   |3, 6000    |
+|28 |3, 5000     |L,P           |2, 5000    |2, 5000   |2, 6000    |
+|29 |4, $8/day   |L,P           |4, 2000    |4, 3000   |4, 1500    |
+|30 |2, 1000     |L,Sec         |2, 2000    |2, 2000   |2, 2000    |
+|31 |2,  800     |L,P           |2, 3000    |2, 3000   |4, 3000    |
+|32 |Sec St.     |L,P           |4, 1500[g] |4,  800   |.......    |
+|   |ex-officio  |              |           |          |           |
+|33 |4, 3000     |L,P           |   4000[j] |2, 5000   |3, 3000    |
+|34 |1,  500     |L,P           |1, 3500    |1, 2500   |1, 1500    |
+|35 |2, 1000     |L,P           |2, 2100    |2, 2100   |2, 2100    |
+|36 |2, $10/day  |L,Sec         |2, 1800    |2, 1800   |2, 1800    |
+|37 |None.       |P,S           |4, 1800    |2, 2750   |2, 2750    |
+|38 |2, $5/day   |L,P           |   2000[j] |2, 2500   |2, 2500    |
+|39 |None.       |Sec,P         |4, 2000    |4, 1000   |4, 1500    |
+|40 |2, $6/day   |L             |2, 1700[j] |2, 1700   |2, 2000[j] |
+|41 |4,  900     |L             |2, 2000    |2, 2000   |2, 3000    |
+|42 |4, 1000     |L             |4, 2500    |4, 2000   |4, 2000    |
+|43 |None        |P,S           |4, 1000    |4, 1400   |4, 2000    |
+|44 |2, 1000     |L,Sec,S       |2, 5000    |2, 5000   |           |
+|45 |None        |Sec           |4, 2000    |4, 2000   |4, 2000    |
+|46 |.......     |.......       |4, 1800    |2, varies |2, varies  |
++===+============+==============+===========+==========+===========+
+
+COMPARATIVE EXECUTIVE TABLE OF THE STATES.
+
+[Transcriber's Notes: Next set of columns, continuing table.]
+
++===+===========================================+
+|   |    Usual Administrative Officers.         |
++---+-----------+----------------+--------------+
+|   |Attorney   |Supt. of Public |Railroad      |
+|   |General    |Instruction     |Commissioners |
++===+===========================================+
+|1  |2, 1500    |   2250[j]      |2, 3000[c]    |
+|2  |2, 1500    |2, 1600         |Gov., Sec.    |
+|3  |4, 3000    |4, 3000         |4, 4000       |
+|4  |2, 2000    |2, 3000         |..........    |
+|5  |2, 1200    |2, 3000         |2, 3000       |
+|6  |4,  200    |4, 1500         |..........    |
+|7  |4, 1500    |4, 1500         |..........    |
+|8  |2, 2000    |2, 2000         |2, 2500       |
+|9  |2, 2000    |2, 1500         |..........    |
+|10 |4, 3500    |4, 3500         |2, 3500       |
+|11 |2, 2500    |2, 2500         |..........    |
+|12 |   1500    |2, 2200         |3, 3000       |
+|13 |2, 2500    |2, 2000         |3, 3000       |
+|14 |4,  500    |4, 2400         |2, 2000       |
+|15 |4, 3000    |4, 2000         |..........    |
+|16 |2, 1000    |3, 1000         |3, 1000       |
+|17 |4, 3000    |2, 2500         |..........    |
+|18 |1, 4000    |1, 3400         |3, 3500       |
+|19 |2, 3000    |2, 2000         |2, $10/day    |
+|20 |2, 3500    |2, 2500[j]      |3, 3000       |
+|21 |4, 2500    |4, 2000         |3, 2500       |
+|22 |.......    |4, 3000         |6, 3000       |
+|23 |4, 3000    |4, 2500         |..........    |
+|24 |2, 2000    |2, 2000         |..........    |
+|25 |4, 3000    |4, 2400         |..........    |
+|26 |5, 2200    |2, 2500         |3, 2500       |
+|27 |5, 7000    |3, 3000         |..........    |
+|28 |2, 5000    |3, 5000         |3, 8000       |
+|29 |4, 2000    |4, 1500         |              |
+|30 |2, 2000    |2, 2000         |2, 2000       |
+|31 |2, 2000    |3, 2000         |2, 2000       |
+|32 |           |4, 1500         |..........    |
+|33 |   3500[j] |4, 2500         |..........    |
+|34 |1, 4500    |   3000[j]      |1,  500       |
+|35 |2, 2100    |2, 2100         |6, 3000       |
+|36 |2, 1000    |2, 1800         |..........    |
+|37 |6, 3000    |2, 1300         |              |
+|38 |2, 2000    |2, 2500         |2, 3000       |
+|39 |4, 1500    |4, 1500         |..........    |
+|40 |.......... |2, 1400         |2,  500[j]    |
+|41 |4, 2500    |4, 2500         |   3000       |
+|42 |4, 2000    |4, 2500         |..........    |
+|43 |4, 1300    |4, 1500         |..........    |
+|44 |2, 3000    |2, 3500         |2, 3000       |
+|45 |.......... |4, 2000         |..........    |
+|46 |.......... |2, varies       |..........    |
++===+===========+================+==============+
+
+[Footnote a: That is, 30 years old, a citizen of the state, and a resident
+thereof 7 years.]
+
+[Footnote b: Plurality or majority to elect.]
+
+[Footnote c: There are three railroad commissioners each in Ala., Cal.,
+Conn., Ga., Ill., Iowa, Kan., Ky., Me., Mass., Minn., Miss., Mo., N.D.,
+N.H., N.Y., S.C; one in other states.]
+
+[Footnote d: In case no one has a majority, election goes to legislature.]
+
+[Footnote e: That is, the order of succession is Lieutenant Governor,
+President of Senate, Speaker of House.]
+
+[Footnote f: Governor must be native citizen of U.S.]
+
+[Footnote g: In Oregon the Secretary of State is also ex-officio
+Lieutenant Governor, Auditor, and one of the Land Commissioners.]
+
+[Footnote h: Ineligible for succeeding term.]
+
+[Footnote i: In Delaware, North Carolina, Ohio, and Rhode Island the
+Governor has no veto.]
+
+[Footnote j: Appointed.]
+
+[Footnote 1: In these thirteen states the Governor also has the use of the
+"Executive Mansion" of the state.]
+
+[Footnote 2: In these states the Lieutenant Governor may debate in
+"committee of the whole."]
+
+[Footnote 3: That is, the order of succession is President of Senate,
+Speaker of House.]
+
+[Footnote 4: Thirty years old; citizen of the United States, 12; and of
+the state, 6 years. In Me., Mass., N.H., and Vt. the Governor is assisted
+by an executive council of 7, 8, 12, and 5 members respectively.]
+
+
+COMPARATIVE JUDICIAL TABLE OF THE STATES.
+
+[Transcriber's Note: This table is formatted in the same way as the
+Executive and Legislative Tables above it. See notes above for details. In
+addition, places where the scanned text is illegible are marked with a
+"*".]
+
++=====+=================+=========================================+
+|     |                 |             Supreme Court               |
+|     |                 +----------+----------+-----------+-------+
+|     |                 |          |Chief     |           |       |
+|     |States.          |Members   |Justice   |Election   |Term   |
++=====+=================+==========+==========+===========+=======+
+|1    |Alabama          |3         |A         |P'ple      |6      |
+|2    |Arkansas         |3         |A         |P          |8      |
+|3    |California       |7         |C         |P          |12     |
+|4    |Colorado         |3         |C         |P          |9      |
+|5    |Connecticut      |5         |A         |Leg.       |8      |
+|6    |Delaware         |5         |A         |Gov.       |Life   |
+|7    |Florida          |3         |A         |Gov.       |Life   |
+|8    |Georgia          |3         |A         |Leg.       |12     |
+|9    |Idaho            |3         |C         |P          |6      |
+|10   |Illinois         |7         |B         |P          |9      |
+|11   |Indiana          |5         |B         |P          |6      |
+|12   |Iowa             |5         |C         |P          |6      |
+|13   |Kansas           |3         |A         |P          |6      |
+|14   |Kentucky         |4         |C         |P          |6      |
+|15   |Louisiana        |5         |A         |Gov.       |12     |
+|16   |Maine            |8         |A         |Gov.       |7      |
+|17   |Maryland         |9         |A         |P          |15     |
+|18   |Massachusetts    |7         |A         |Gov.       |Life   |
+|19   |Michigan         |5         |A         |P          |10     |
+|20   |Minnesota        |5         |A         |P          |6      |
+|21   |Mississippi      |3         |A         |Gov.       |9      |
+|22   |Missouri         |5         |A         |P          |10     |
+|23   |Montana          |3         |A         |P          |6      |
+|24   |Nebraska         |3         |C         |P          |6      |
+|25   |Nevada           |3         |A         |P          |6      |
+|26   |New Hampshire    |7         |A         |Gov.       |till 70|
+|27   |New Jersey       |9         |A         |Gov.       |7      |
+|28   |New York         |7         |A         |P          |14     |
+|29   |North Carolina   |3         |A         |P          |8      |
+|30   |North Dakota     |3         |C         |P          |6      |
+|31   |Ohio             |*         |A         |P          |5      |
+|32   |Oregon           |4         |C         |P          |6      |
+|33   |Pennsylvania     |7         |C         |P          |21     |
+|34   |Rhode Island     |6         |A         |Leg.       |Life   |
+|35   |South Carolina   |3         |A         |Leg.       |6      |
+|36   |South Dakota     |3         |B         |P          |6      |
+|37   |Tennessee        |5         |A         |P          |8      |
+|38   |Texas            |3         |A         |P          |6      |
+|39   |Utah             |3         |C         |P          |6      |
+|40   |Vermont          |*         |*         |Leg.       |2      |
+|41   |Virginia         |*         |B         |Leg.       |12     |
+|42   |Washington       |3         |C         |P          |6      |
+|43   |West Virginia    |4         |A         |P          |12     |
+|44   |Wyoming          |3         |C         |P          |8      |
+|45   |Territories      |3-6       |A         |Pres.      |4      |
++=====+=================+==========+==========+===========+=======+
+
+COMPARATIVE JUDICIAL TABLE OF THE STATES.
+
+[Transcriber's Notes: Next set of columns, continuing table.]
+
++====+=================================+===========================+
+|    |        Supreme Court            |        Circuit Court      |
+|    +----------+---------+------------+---------+----------+------+
+|    |          |         |Qualifi-    |Juris-   |          |      |
+|    |Meetings  |Salary   |cations     |diction  |Election  |Term  |
++====+==========+=========+============+=========+==========+======+
+|1   |1         |$ 3600   |25          |L        |P         |6     |
+|2   |2         |  3000   |30,C,r2,L8  |L        |P         |4     |
+|3   |[3]       |  6000   |..........  |LE       |P         |6     |
+|4   |2         |  5000   |30,C,r2,LL  |LE       |P         |6     |
+|5   |6[1]      |{ 4500   |..........  |LE       |........  |8     |
+|    |          |{ 4000   |            |         |          |      |
+|6   |2         |{ 2500   |..........  |   Held by S.C. Judges.    |
+|    |          |{ 2200   |            |         |          |      |
+|7   |3         |  3000   |..........  |LE       |Gov.      |6     |
+|8   |2         |  3000   |30,c3,L7    |LE       |P         |4     |
+|9   |4         |  3000   |30,C,r2     |LE       |P         |4     |
+|10  |6[1]      |  5000   |30,C,r5     |LE       |P         |4     |
+|11  |2         |  5000   |..........  |LE       |P         |6     |
+|12  |4         |  4000   |..........  |LE       |P         |4     |
+|13  |11        |  3000   |..........  |LE       |P         |4     |
+|14  |2         |  4000   |30,C,r2,L8  |LE       |P         |6     |
+|15  |4         |  5000   |..........  |L        |P         |4     |
+|16  |3         |  3000   |..........  |   By Judges Supreme Ct.   |
+|17  |[3]       |  3500   |30,c5,LL    |LE       |P         |15    |
+|18  |[3]       |  3000   |..........  |L        |Gov.      |Lf.   |
+|19  |4         |  5000   |..........  |LE       |P         |6     |
+|20  |2         |  5000   |..........  |LE       |P         |6     |
+|21  |2         |  3500   |30,c2       |L        |Gov.      |6     |
+|22  |2         |  4500   |30,C,c5,LL  |LE       |P         |6     |
+|23  |3         |  4000   |30,C,r2,LL  |LE       |P         |4     |
+|24  |2         |  2500   |30,C,r3     |LE       |P         |4     |
+|25  |4         |{ 7000   |..........  |LE       |P         |      |
+|    |          |{ 6000   |            |         |          |      |
+|26  |2         |{ 3500   |..........  | Held by Judges of Sup. Ct.|
+|    |          |{ 3300   |            |         |          |      |
+|27  |3         |{10000   |..........  |L        |Leg       |5     |
+|    |          |{ 9000   |            |         |          |      |
+|28  |2         | 12500   |            | Held by Judges of Sup. Ct.|
+|29  |2         |  2500   |            |         |          |      |
+|30  |3         |        |30,C,r3,LL  |LE       |P         |4     |
+|31  |1         |  5000   |            |         |P         |5     |
+|32  |2         |  2000   |            |LE       |P         |6     |
+|33  |3         |{ 8*00   |            |L        |P         |10    |
+|    |          |{        |            |         |          |      |
+|34  |*         |{ **00   |            | Held by Judges of Sup. Ct.|
+|    |          |{ *000   |            |         |          |      |
+|35  |2         |{ 4000   |30,C,r5     |L        |Leg       |4     |
+|    |          |{ 3500   |            |         |          |      |
+|36  |2         |  2500   |30,C,r2,LL  |LE       |P         |4     |
+|37  |3         |  4000   |30,r5       |L        |P         |8     |
+|38  |3         |  3500   |30,C,c,L7   |LE       |P         |4     |
+|39  |3         |  3000   |30,LL,r5    |L        |P         |4     |
+|40  |          |  3000   |            | Held by Judges of Sup. Ct.|
+|41  |3         |{ 3*50   |            |LE       |Leg       |8     |
+|    |          |{ *000   |            |         |          |      |
+|42  |[3]       |  4000   |            |[1]LE    |P         |4     |
+|43  |3         |  2250   |            |LE       |P         |8     |
+|44  |2         |         |30,C,r3,L9  |LE       |P         |6     |
+|45  |          |  3000   |            |LE       |Judges of S.C.   |
++====+==========+=========+============+=========+==========+======+
+
+COMPARATIVE JUDICIAL TABLE OF THE STATES.
+
+[Transcriber's Notes: Next set of columns, continuing table.]
+
++===+=========================+======================+===============+
+|   |     Probate Court       |   Justice Court      | Remarks       |
+|   +---------+---------+-----+--------+-------+-----+---------------+
+|   |Juris-   |Election |Term |Juris-  |Number |Term |(Municipal and |
+|   |diction  |         |     |diction |       |     |Special courts |
+|   |         |         |     |        |       |     |  not given)   |
++===+=========+=========+=====+========+=======+=====+===============+
+|1  |Pr.[2]   |P'ple    |6    |$100    |2      |.... |Chancery.      |
+|2  |Pr.[2]   |P        |2    | 100    |2      |2    |Com. Pleas.    |
+|3  |Pr.[2]L  |P        |4    | 300    |2      |2    |Naturalization |
+|4  |Pr.[2]C  |P        |3    | 300    |...... |2    | in County     |
+|   |         |         |     |        |       |     | Court         |
+|5  |........ |.....    |.... | 100    |...... |.... |Common Pleas,  |
+|   |         |         |     |        |       |     | less than $500|
+|6  | Held by the Chancellor  | 100    |...... |.... |Chancery.      |
+|7  |Pr. & L  |Gov.     |4    | 100    |Gov.   |4    |               |
+|8  |Pr.[2]   |P        |4    | 100    |P      |4    |Superior Ct.   |
+|   |         |         |     |        |       |     | between. C.   |
+|   |         |         |     |        |       |     | and S.C.      |
+|9  |Pr.[2]   |P        |.... | 300    |...... |.... |               |
+|10 |Pr.[2]   |P        |4    | 200    |...... |4    |Appellate      |
+|   |         |         |     |        |       |     | Courts        |
+|11 |    In Circuit Court     | 200    |...... |4    | compos'd of   |
+|   |         |         |     |        |       |     | Circuit Judges|
+|12 |    In Circuit Court     | 100    |...... |.... |By consent of  |
+|   |         |         |     |        |       |     | parties, $300.|
+|13 |Pr.[2]   |P        |2    | 300    |2      |2    |               |
+|14 |Pr.[2]   |P        |4    |  50    |2      |4    |               |
+|15 |Pr. $500 |.....    |.... | 100    |...... |2    |No equity      |
+|   |         |         |     |        |       |     | proceedings in|
+|   |         |         |     |        |       |     | La.           |
+|16 |Pr.[2]L  |.....    |.... |  50    |...... |.... |Probate Court  |
+|17 |Pr.      |P        |6    | 100    |Gov.   |2    | also Court of |
+|   |         |         |     |        |       |     | Insolvency.   |
+|18 |Pr.[2]L  |Gov.     |Lf.  | 300    |Gov.   |7    |Probate Court  |
+|19 |P.       |P        |4    | 300    |4      |4    | also Court of |
+|   |         |         |     |        |       |     | Insolvency.   |
+|20 |Pr.[2]   |P        |2    | 100    |2      |2    |               |
+|21 | In Chancery Court       | 150    |[4]    |2    |Chancery.      |
+|22 |Pr.      |P        |.... | 150    |[5]    |.... |               |
+|23 |........ |.....    |.... | 300    |2      |.... |               |
+|24 |Pr.[2]L  |P        |2    | 100    |2      |2    |               |
+|25 |         |         |     | 300    |       |     |               |
+|26 |Pr.      |         |     | 100    |       |     |               |
+|27 |         |         |     | 100    |       |     |Chancellor,    |
+|   |         |         |     |        |       |     | $10,000.      |
+|28 |Pr.      |P        |     | 200    |       |     |Probate Court  |
+|   |         |         |     |        |       |     | called        |
+|   |         |         |     |        |       |     | "Surrogate"   |
+|29 |Clk Superior Ct acts as  | 200    |       |     |Cir. Ct called |
+|   |   Probate Judge         |        |       |     | "Superior Ct."|
+|30 |Pr.[2]L  |         |     | 200    |       |     |               |
+|31 |Pr.[2]   |P        |3    | 100    |       |3    |There is a     |
+|   |         |         |     |        |       |     | Court of      |
+|32 |Pr.[2]   |P        |4    | 250    |       |     | Common Pleas  |
+|33 |Pr.[2]   |P        |     | 100    |2      |     |Prob. Ct called|
+|34 |Town Councils are Prb Cts| 100    |       |     | "Orphan's Ct."|
+|35 |Pr.[2]   |P        |2    | 100    |[4]    |     |               |
+|36 |Pr.[2]L  |P        |2    | 100    |       |2    |               |
+|37 |Pr.      |         |     | 100    |2      |     |               |
+|38 |Pr.[2]   |P        |2    | 200    |1      |6    |Just. of Peace |
+|   |         |         |     |        |       |     | are County    |
+|   |         |         |     |        |       |     | Com'rs and    |
+|   |         |         |     |        |       |     | Prob. Ct.     |
+|39 |    District Judges      |        |       |2    |Ct of Appeals  |
+|   |         |         |     |        |       |     | below S.C.    |
+|40 |Pr.[2]L  |         |2    | 200    |       |2    |Chancery Court |
+|   |         |         |     |        |       |     | by Judges of  |
+|   |         |         |     |        |       |     | S.C.          |
+|41 |Pr.[2]   |Leg      |6    | 100    |       |     |               |
+|42 |         |         |     |        |       |     |               |
+|43 |Pr.[2]   |P        |4    | 100    |2      |4    |Two J.P.s      |
+|   |         |         |     |        |       |     | associated    |
+|   |         |         |     |        |       |     | with Pr. J in |
+|   |         |         |     |        |       |     | holding court |
+|44 |         |         |     | 200    |[5]    |     |               |
+|45 |Pr.[2]   |         |     | 100    |       |     |               |
++===+=========+=========+=====+========+=======+=====+===============+
+
+The three modes of selecting the Chief Justice are by electing or
+appointing one as such, by leaving the judges themselves to determine
+which shall act, or by a provision making the one whose term expires first
+act. These modes are indicated in the table by A, B, and C, respectively.
+In the salary column, where two numbers appear, the upper is the salary of
+the Chief Justice. In giving jurisdiction of Circuit courts, L means law
+only, LE means jurisdiction in both law and equity, 30, C, c, L7 means 30
+years old, a citizen of the US and of the state, and seven years legal
+practice. LL means "learned in the law".
+
+In Me, Mass, N.H., and S.D., the Supreme Court is required to give legal
+advice to the Governor.
+
+[Footnote 1: Called Superior Court, at least one in each county. This
+court also exercises the Probate powers.]
+
+[Footnote 2: Probate Court given some other duty, unrelated to its regular
+function. L means that it has also certain civil jurisdiction.]
+
+[Footnote 3: Continuous.]
+
+[Footnote 4: Competent number.]
+
+[Footnote 5: As many as are needed.]
+
+
+COMPARATIVE SUFFRAGE TABLE.
+
+[Transcriber's Note: This table crosses facing pages of the book
+("Portrait" orientation). Thus, reference numbers are used as in the
+tables above to refer to the states the information belongs to.]
+
++===+===============+====+=====================+==========+==========+
+|   |States         |Age |Requirement As To    |Residence |Residence |
+|   |               |    |Citizenship of U.S.  |In State  |In County |
++===+===============+====+=====================+==========+==========+
+|1  |Alabama        |21  |Citizens or declared |1 year    |3 months  |
+|   |               |    | intention           |          |          |
+|2  |Arkansas       |21  |Citizens or declared |1 year    |6 months  |
+|   |               |    | intention           |          |          |
+|3  |California     |21  |Actual citizens      |1 year    |90 days   |
+|4  |Colorado       |21  |Citizens or declared |6 months  |          |
+|   |               |    | intention           |          |          |
+|5  |Connecticut    |21  |Actual citizens      |1 year    |6 months  |
+|6  |Delaware       |21  |Actual county        |1 year    |1 month   |
+|   |               |    | taxpayers           |          |          |
+|7  |Florida        |21  |United States        |1 year    |6 months  |
+|   |               |    | citizens or         |          |          |
+|   |               |    | declared intention  |          |          |
+|8  |Georgia        |21  |Actual citizens      |1 year    |6 months  |
+|9  |Idaho          |21  |Actual citizens      |6 months  |30 days   |
+|10 |Illinois       |21  |Actual citizens      |1 year    |90 days   |
+|11 |Indiana        |21  |Citizens or declared |6 months  |60 days   |
+|   |               |    | intention           |          |          |
+|12 |Iowa           |21  |Actual citizens      |6 months  |60 days   |
+|13 |Kansas         |21  |Citizens or declared |6 months  |          |
+|   |               |    | intention           |          |          |
+|14 |Kentucky       |21  |Free white male      |2 years   |1 year    |
+|   |               |    | citizens            |          |          |
+|15 |Louisiana      |21  |Citizens or declared |1 year    |6 months  |
+|   |               |    | intention           |          |          |
+|16 |Maine          |21  |Actual citizens      |3 months  |          |
+|17 |Maryland       |21  |Actual citizens      |1 year    |6 months  |
+|18 |Massachusetts  |21  |Actual citizens      |1 year    |          |
+|19 |Michigan       |21  |Citizens or declared |3 months  |          |
+|   |               |    | intention           |          |          |
+|20 |Minnesota      |21  |Actual citizens for  |1 year    |          |
+|   |               |    | 3 months            |          |          |
+|21 |Mississippi    |21  |Actual citizens      |6 months  |1 month   |
+|22 |Missouri       |21  |Citizens or declared |1 year    |60 days   |
+|   |               |    | intention           |          |          |
+|23 |Montana        |21  |Actual citizens      |1 year    |          |
+|24 |Nebraska       |21  |Citizens or declared |6 months  |          |
+|   |               |    | intention           |          |          |
+|25 |Nevada         |21  |Citizens or declared |6 months  |30 days   |
+|   |               |    | intention           |          |          |
+|26 |New Hampshire  |21  |Actual citizens      |          |          |
+|27 |New Jersey     |21  |Actual citizens      |1 year    |5 months  |
+|28 |New York       |21  |Actual citizens for  |1 year    |4 months  |
+|   |               |    | 90 days             |          |          |
+|29 |North Carolina |21  |Actual citizens      |12 months |90 days   |
+|30 |North Dakota   |21  |Cit or dec intent or |1 year    |6 months  |
+|   |               |    | Indians 2 yrs out   |          |          |
+|   |               |    | of tribal relations |          |          |
+|31 |Ohio           |21  |Actual citizens      |1 year    |          |
+|32 |Oregon         |21  |Citizens or declared |6 months  |          |
+|   |               |    | intention           |          |          |
+|33 |Pennsylvania   |21  |Actual citizens      |1 year    |          |
+|34 |Rhode Island   |21  |Actual tax paying    |1 year    |          |
+|   |               |    | citizens            |          |          |
+|35 |South Carolina |21  |Actual citizens      |1 year    |          |
+|36 |South Dakota   |21  |Citizens or declared |6 months  |60 days   |
+|   |               |    | intention           |          |          |
+|37 |Tennessee      |21  |Actual citizens      |12 months |30 days   |
+|38 |Texas          |21  |Citizens or declared |1 year    |6 months  |
+|   |               |    | intention           |          |          |
+|39 |Utah           |21  |Actual citizens for  |1 year    |4 months  |
+|   |               |    | 90 days             |          |          |
+|40 |Vermont        |21  |Actual citizens      |1 year    |          |
+|41 |Virginia       |21  |Actual citizens      |12 months |          |
+|42 |Washington     |21  |Actual citizens      |1 year    |90 days   |
+|43 |West Virginia  |21  |Actual citizens      |1 year    |60 days   |
+|44 |Wisconsin      |21  |Citizens or declared |1 year    |          |
+|   |               |    | intention           |          |          |
+|45 |Wyoming        |21  |Actual citizens      |1 year    |60 days   |
++===+===============+====+=====================+==========+==========+
+
+COMPARATIVE SUFFRAGE TABLE.
+
+[Transcriber's Notes: Next set of columns, continuing table.]
+
++===+==========+=========================+===========================+
+|   |Residence |Registration             |Excluded From Voting       |
+|   |In Voting |                         |                           |
+|   |Precinct  |                         |                           |
++===+==========+=========================+===========================+
+|1  |1 month   |Legislature may regulate |Idiots Indians convicted of|
+|   |          |                         | crime                     |
+|2  |1 month   |Prohibited as a bar to   |Idiots Indians convicted of|
+|   |          | suffrage                | crime                     |
+|3  |30 days   |Registration required by |Idiots Indians convicts    |
+|   |          | law                     | Chinese                   |
+|4  |          |Required by constitution |Persons in prison          |
+|5  |6 months  |Required by law          |Those unable to read and   |
+|   |          |                         | convicts                  |
+|6  |          |No registration required |Idiots insane paupers      |
+|   |          |                         | criminals                 |
+|7  |          |Required by constitution |Idiots insane criminals    |
+|   |          |                         | bettors on elections      |
+|   |          |                         | duelists                  |
+|8  |          |Leg may regulate no act  |Idiots insane criminals    |
+|   |          |                         | non-taxpayers             |
+|9  |          |Required by constitution |Idiots criminals           |
+|   |          |                         | polygamists               |
+|10 |30 days   |Required by law          |Convicts                   |
+|11 |30 days   |No law for registration  |Fraudulent voters and      |
+|   |          |                         | bribers                   |
+|12 |          |Required by law          |Idiots insane criminals    |
+|13 |30 days   |Required in cities only  |Idiots insane convicts     |
+|14 |60 days   |No registration required |Bribery robbery forgery &c |
+|15 |30 days   |Legislature my regulate  |Idiots insane criminals    |
+|16 |          |Required by law          |Paupers Indians not taxed  |
+|17 |          |Required by constitution |Lunatics convicts, and     |
+|   |          |                         | guilty of bribery         |
+|18 |6 months  |Required by law          |Paupers persons under      |
+|   |          |                         | guardians non-taxpayers   |
+|   |          |                         | and men unable to read    |
+|   |          |                         | and write                 |
+|19 |10 days   |Required by law          |Duelists                   |
+|20 |10 days   |Required by law          |Idiots insane convicts     |
+|21 |          |Required by constitution |Idiots insane criminals    |
+|22 |          |Required by constitution |Inmates of asylums,        |
+|   |          | in cities only          | poorhouses, and prisons,  |
+|   |          |                         | US army                   |
+|23 |          |Leg may require          |Insane                     |
+|24 |          |Required by law          |Idiots convicts US army    |
+|25 |          |Required by constitution |Idiots insane convicts     |
+|26 |Town 6 ms |Required by law          |Paupers                    |
+|27 |          |Required in cities of    |Paupers idiots insane      |
+|   |          | 10,000                  | convicts                  |
+|28 |30 days   |Required in cities of    |Election bettors or bribers|
+|   |          | 10,000                  | convicts                  |
+|29 |          |Required by constitution |Convicts                   |
+|30 |90 days   |                         |Convicts, insane           |
+|31 |          |No registration required |Idiots insane              |
+|32 |          |                         |Idiots insane convicts US  |
+|   |          |                         | army Chinese              |
+|33 |2 months  |Required by constitution |Non-taxpayers political    |
+|   |          |                         | bribers                   |
+|34 |Town 6 ms |Required by law          |Persons without property to|
+|   |          |                         | the value of $134         |
+|35 |          |Required by constitution |Insane inmates of asylums  |
+|   |          |                         | almshouses prisons, US    |
+|   |          |                         | army, duelists            |
+|36 |10 days   |                         |Convicts insane            |
+|37 |          |No registration required |Non-payers of poll tax     |
+|38 |6 months  |Prohibited by            |Lunatics, idiots, paupers, |
+|   |          | constitution            | convicts, US army         |
+|39 |60 days   |                         |Idiots criminals           |
+|40 |Town 3 ms |Required by law          |Bribers                    |
+|41 |          |Required by law          |Lunatics idiots convicts,  |
+|   |          |                         | duelists, US army         |
+|42 |30 days   |Required by law          |Convicts, insane           |
+|43 |          |Prohibited by            |Lunatics paupers convicts  |
+|   |          | constitution            |                           |
+|44 |          |Required by law          |Insane idiot convict briber|
+|   |          |                         | bettor, duelist           |
+|45 |          |Required by constitution |Idiots insane criminals    |
++===+==========+=========================+===========================+
+
+
+COMPARATIVE LEGISLATIVE TABLE OF PRINCIPAL CONSTITUTIONAL GOVERNMENTS.
+
+[Transcriber's Note: This table crosses facing pages of the book
+("Portrait" orientation). Thus, reference numbers are used as in the
+tables above to refer to the nations the information belongs to.]
+
++===+==============+==========+======================================+
+|   |              |          |          Both Houses                 |
+|   |              |          +-------------+-----------------+------+
+|   |Names of      |Kind of   |Name applied |Names of the     |Mtgs. |
+|   |  Nations.    | Gov't.   | to the      | Houses.         |      |
+|   |              |          | Legislative |                 |      |
+|   |              |          | Body.       |                 |      |
++===+==============+==========+=============+=================+======+
+|1  |Austria-      |F.H.M.    |Delegations. |Upper,           |A     |
+|   | Hungary      |          |             | Lower           |      |
+|2  |Austria       |S.H.M.    |Diet or      |Herrenhaus,      |A     |
+|   |              |          | Reichsrath. | Abgeordnetenhaus|      |
+|3  |Hungary       |S.H.M.    |Diet or      |Magnates,        |A     |
+|   |              |          | Reichstag.  | Representatives.|      |
+|4  |Belgium       |S.H.M.    |Legislative  |Senate,          |A     |
+|   |              |          | Chambers.   | Deputies.       |      |
+|5  |Denmark       |S.H.M.    |Diet or      |Landsthing,      |A     |
+|   |              |          | Rigsdag.    | Folkething.     |      |
+|6  |France        |S.R.      |Assembly.    |Senate,          |A     |
+|   |              |          |             | Deputies.       |      |
+|7  |Germany       |F.H.M.    |............ |Bundesrath,      |A     |
+|   |              |          |             | Reichstag.      |      |
+|8  |Prussia       |S.H.M.    |Legislative  |Herrenhaus,      |A     |
+|   |              |          | Chambers.   | Abgeordnetenhaus|      |
+|9  |Great Britain |F.H.M.    |Parliament.  |Lords,           |A     |
+|   |              |          |             | Commons.        |      |
+|10 |Italy         |S.H.M.    |Legislative  |Senate,          |A     |
+|   |              |          | Chambers.   | Deputati.       |      |
+|11 |Netherlands   |S.H.M.    |States-      |Upper,           |A     |
+|   |              |          | General.    | Lower.          |      |
+|12 |Spain         |S.H.M.    |Cortex.      |Senate,          |A     |
+|   |              |          |             | Congress.       |      |
+|13 |Sweden        |S.H.M.[3] |Diet.        |Upper,           |A     |
+|   |              |          |             | Lower.          |      |
+|14 |Norway        |S.H.M.    |Storthing.   |Lagthing,        |A     |
+|   |              |          |             | Odolsthing.     |      |
+|15 |Switzerland   |F.R.      |Bundes-      |Standerath,      |A     |
+|   |              |          | Versammlung.| Nationalrath.   |      |
+|16 |Argentina     |F.R.      |Congress.    |Senate,          |A     |
+|   |              |          |             | Deputies        |      |
+|17 |Columbia      |F.R.      |Congress.    |Senate,          |A     |
+|   |              |          |             | H. of R.        |      |
+|18 |Mexico        |F.R.      |Congress.    |Senate,          |A     |
+|   |              |          |             | H. of R.        |      |
+|19 |Brazil        |F.R.      |Legislative  |Senate,          |A     |
+|   |              |          | Assembly.   | Congress.       |      |
++===+==============+==========+=============+=================+======+
+
+COMPARATIVE LEGISLATIVE TABLE OF PRINCIPAL CONSTITUTIONAL GOVERNMENTS.
+
+[Transcriber's Notes: Next set of columns, continuing table.]
+
++===+=================================================+
+|   |             Upper House                         |
+|   +---------------+-----------+-----+---------------+
+|   |How Composed.  |Election   |Term |Qualifications |
++===+===============+===========+=====+===============+
+|1  |20 Austrians,  |State Leg. |     |               |
+|   |20 Hungarians  |           |     |               |
+|2  {Royal Princes, |           |life |               |
+|   { Nobles,       |           |     |               |
+|3  { Archbishops,  |           |life |               |
+|   { Appointees    |           |     |               |
+|4  |68             |People     |8    |40,c,r,P       |
+|5  |66             |{12 ap,    |8    |25,r           |
+|   |               |{54 el     |     |               |
+|6  |300            |{75 for    |life |40,c           |
+|   |               |{225 for   |9    |               |
+|7  |59             |States     |1    |               |
+|8  |Royal Princes, |Sovereign  |life |               |
+|   | Hered Nobles, |           |     |               |
+|   | Appointees, &c|           |     |               |
+|9  |Hered Nobles,  |Sovereign  |life |               |
+|   | Bishops, Life |           |     |               |
+|   | Peers, etc.   |           |     |               |
+|10 |Royal Princes, |Sovereign  |life |               |
+|   | Appointees    |           |     |40[2]          |
+|11 |39             |By         |2    |               |
+|   |               | Divisions |     |               |
+|12 |Hered Nobles,  |Sovereign  |     |               |
+|   | 100 Life Sen  |           |     |               |
+|   | 130 elected by|States     |10   |               |
+|13 |137, one for   |           |9    |35,P           |
+|   | 30,000        |           |     |               |
+|14 |One-fourth of  |People     |3    |               |
+|   | Storthing     | indirectly|     |               |
+|15 |44, 2 from     |By cantons |3    |Voter          |
+|   | each canton   |           |     |               |
+|16 |28, 2 from     |By         |     |               |
+|   | each province | provinces |     |               |
+|17 |27, 3 from     |By the     |     |               |
+|   | each state    | states    |     |               |
+|18 |54, 2 from     |State Leg. |6    |30             |
+|   | each state    |           |     |               |
+|19 |58             |People     |     |40,N,P         |
+|   |               | indirectly|     |               |
++===+===============+===========+=====+===============+
+
+COMPARATIVE LEGISLATIVE TABLE OF PRINCIPAL CONSTITUTIONAL GOVERNMENTS.
+
+[Transcriber's Notes: Next set of columns, continuing table.]
+
++===+==============+===========+=====+===============+==========+
+|   |                 Lower House                    |          |
+|   +--------------+-----------+-----+---------------+          |
+|   |How Composed. |Election   |Term |Qualifications |Salaries  |
++===+==============+===========+=====+===============+==========+
+|1  |40 Austrians, |State Leg. |     |               |          |
+|   |40 Hungarians |           |     |               |          |
+|2  |353           |People     |6    |               |$1780, yr |
+|3  |445           |"          |3    |               |          |
+|4  |136, one for  |"          |4    |25,c,r         |$84, m h  |
+|   | 40,000 inh   |           |     |               |          |
+|5  |102           |"          |3    |25,r           |$4, day   |
+|6  |557           |"          |4    |25,c           |$1780, yr |
+|7  |397           |"          |3    |               |          |
+|8  |433           |People     |3    |30,c           |          |
+|   |              | indirectly|     |               |          |
+|9  |658           |People     |7    |21,c           |None      |
+|   |              | indirectly|     |               |          |
+|10 |508, one for  |"          |5    |30,V,P         |None      |
+|   | 40,000 inh   |           |     |               |          |
+|11 | 86, one for  |"          |3    |               |$830, yr  |
+|   | 45,000 inh   |           |     |               |          |
+|12 |One for       |"          |5    |25             |          |
+|   | 50,000 inh   |           |     |               |          |
+|13 | 64, town,    |"          |3    |21,P           |          |
+|   |140, country  |           |     |               |          |
+|14 |3/4 of        |People     |3    |               |          |
+|   | Storthing    | indirectly|     |               |          |
+|15 |135, one for  |People     |3    |Voter          |$2.50, dy |
+|   | 20,000 inh   |           |     |               |          |
+|16 |50            |"          |     |               |$1040, yr |
+|17 |66, one for   |"          |2    |               |          |
+|   | 50,000 inh   |           |     |               |          |
+|18 |331, one for  |"          |2    |25,r,8         |          |
+|   | 80,000 inh   |           |     |               |          |
+|19 |122           |People     |4    |N,P            |          |
+|   |              | indirectly|     |               |          |
++===+==============+===========+=====+===============+==========+
+
+[Transcriber's Note: Perhaps because of a poor scan, I cannot find the
+places where footnotes 1 and 2 are referenced.]
+
+[Footnote 1: The Chancellor is responsible only to the Emperor. The
+administration is through the Bundesrath in seven standing committees.]
+
+[Footnote 2: These appointees must have held high office, or be eminent in
+science, literature or art, or pay annual taxes of at least $600.]
+
+[Footnote 3: Sweden and Norway form a F.H.M.]
+
+In giving qualifications, N means _native_, and P means a _property_
+qualification.
+
+Greece has only one chamber in its legislature. Consult the Statesman's
+Year-Book, or an encyclopedia.
+
+
+TABLE OF RULERS or PRINCIPAL NATIONS, 1897.
+
+                                                YEAR OF  DATE OF
+GOVERNMENTS       RULERS              TITLE      BIRTH  ACCESSION
+===================================================================
+Argentina         Jose E. Uriburu     President         Jan 22, '95
+Austria Hungary   Franz Joset I       Emperor     1830  Dec 2   '48
+Belgium           Leopold II          King        1835  Dec 10  '65
+Bolivia           General Alonzo      President         Aug --  '96
+Brazil            Prudente de Moraes  President   1841  Nov 15  '94
+Bulgaria          Ferdinand I         Prince      1861  July 7  '87
+Chili             Fed. Errazuriz      President   1850  Sept 18 '96
+China             Tsai Tien           Emperor     1872  Jan 12  '75
+Colombia (US of)  M.A. Caro           President         Sept 18 '94
+Denmark           Christian IX        King        1818  Nov 15  '63
+Ecuador           Gen Eloy Alfaro     President   1843  ------- '97
+France            François F. Faure   President   1841  Jan 17  '95
+Germany           Wilhelm II          Emperor     1859  June 15 '88
+  Baden           Friedrich I         Grand Duke  1826  Apr 24  '52
+  Bavaria         Otto I              King        1848  June 13 '86
+  Hesse           Ernst Louis V       Grand Duke  1868  Mar 13  '92
+  Mecklenburg
+    Schwerm       Friedrich Franz III Grand Duke  1831  Apr 15  '83
+  Mecklenburg
+    Strelitz      Friedrich Wilhelm   Grand Duke  1819  Sept 6  '60
+  Oldenburg       Nicholas F. Peter   Grand Duke  1827  Feb 27  '33
+  Prussia         Wilhelm II          King        1859  June 15 '88
+  Saxony          Albert              King        1828  Oct 29  '73
+  Wurttemberg     Wilhelm II          King        1848  Oct 6   '91
+Great Britain and
+    Ireland       Victoria I          Queen       1819  June 20 '37
+  British India   Earl of Elgan       Viceroy     1849  ------- '94
+  Canada Dominion
+    of            Earl of Aberdeen    Gov Gen     1847  Sept -- '93
+Greece            Georgios I          King        1845  June 5  '63
+Guatemala         Gen. J.M.R. Burios  President   1853  Mar 15  '92
+Haiti             Gen. Tiresias A.S.  President         ------- '96
+                    Sam
+Hawaiian Islands  Sanford B. Dole     President   1844  July 4  '94
+Honduras          Dr. P. Bonilla      President         Jan 1   '95
+Italy             Humbert I           King        1844  Jan 9   '78
+Japan             Mutsu Hito          Emperor     1852  Feb 13  '67
+Korea             Yi Hi               King        1851  ------- '64
+Mexico            Porfirio Diaz       President   1830  ------- '84
+Montenegro        Nicholas I          Prince      1841  Aug 14  '60
+Morocco           Abdul Azziz         Sultan      1878  June 7  '94
+Netherlands       Wilhelmina          Queen       1880  Nov 23  '90
+Nicaragua         Gen. Santos Zelaya  President   1853  Feb 1   '94
+Paraguay          Gen. Fgusquiza      President         Nov 25  '94
+Persia            Mozaffer ed Din     Shah        1853  May 1   '96
+Peru              Nicolas de Pierola  President         Aug 12  '95
+Portugal          Carlos I            King        1863  Oct 19  '89
+Rome (Pontificate
+    of)           Leo XIII            Pope        1810  Feb 20  '78
+Romania           Carol I             King        1839  Mar 26  '81
+Russia            Nicholas II         Emperor     1868  Nov 1   '94
+Santo Domingo     Ulises Heureaux     President         ----    '86
+Servia            Alexander I         King        1876  Mar 6   '89
+Siam              Chulalongkorn I     King        1853  Oct 1   '68
+South African
+    Rep'blic      S.J. Paul Kruger    President   1825  May 12  '93
+Spain             Alfonso XIII        King        1886  May 17  '86
+Sweden and Norway Oscar II            King        1829  Sept 18 '72
+Switzerland       Adrien Lachenal     President         Jan 1   '96
+Turkey            Abdul Hamid II      Sultan      1842  Aug 31, '76
+  Egypt           Abbas II            Khedive     1874  Jan 7   '92
+United States     William McKinley    President   1843  Mar 4   '97
+Uruguay           Idiarte  Borda      President   1844  Mar 1   '94
+Venezuela         Joaquin Crespo      President   1841  Mar 5,  '94
+
+
+PRESIDENTS OF THE UNITED STATES.
+
++===+==================+===============+=====+=========+======+======+
+|   |Name              |Birthplace     |Year |Paternal |Resi- |Year  |
+|   |                  |               |     |Ancestry |dence |Inaug.|
++===+==================+===============+=====+=========+======+======+
+|1  |George Washington |Westmoreland   |1732 |English  |Va.   |1789  |
+|   |                  | Co., Va.      |     |         |      |      |
+|2  |John Adams        |Quincey, Mass. |1735 |English  |Mass. |1797  |
+|3  |Thomas Jefferson  |Shadwell, Va.  |1743 |Welsh    |Va.   |1801  |
+|4  |James Madison     |Port Conway,   |1751 |English  |Va.   |1809  |
+|   |                  | Va.           |     |         |      |      |
+|5  |James Monroe      |Westmoreland   |1758 |Scotch   |Va.   |1817  |
+|   |                  | Co., Va.      |     |         |      |      |
+|6  |John Quincy Adams |Quincey, Mass. |1767 |English  |Mass. |1825  |
+|7  |Andrew Jackson    |Union Co., N.C.|1767 |Scotch-  |Tenn. |1829  |
+|   |                  |               |     | Irish   |      |      |
+|8  |Martin Van Buren  |Kinderhook,    |1782 |Dutch    |N.Y.  |1837  |
+|   |                  | N.Y.          |     |         |      |      |
+|9  |William H.        |Berkeley, Va.  |1773 |English  |O.    |1841  |
+|   | Harrison         |               |     |         |      |      |
+|10 |John Tyler        |Greenway, Va.  |1790 |English  |Va.   |1841  |
+|11 |James K. Polk     |Mecklenburg    |1795 |Scotch-  |Tenn. |1845  |
+|   |                  | Co., N.C.     |     | Irish   |      |      |
+|12 |Zachary Taylor    |Orange Co., Va.|1784 |English  |La.   |1849  |
+|13 |Millard Fillmore  |Summer Hill,   |1800 |English  |N.Y.  |1850  |
+|   |                  | N.Y.          |     |         |      |      |
+|14 |Franklin Pierce   |Hillsboro, N.H.|1804 |English  |N.H.  |1853  |
+|15 |James Buchanan    |Cove Gam, Pa.  |1791 |Scotch-  |Pa.   |1857  |
+|   |                  |               |     | Irish   |      |      |
+|16 |Abraham Lincoln   |Larue Co., Ky. |1809 |English  |Ill.  |1861  |
+|17 |Andrew Johnson    |Raleigh, N.C.  |1808 |English  |Tenn. |1865  |
+|18 |Ulysses S. Grant  |Point Pleasant,|1822 |Scotch   |D.C.  |1869  |
+|   |                  | O.            |     |         |      |      |
+|19 |Rutherford B.     |Delaware, O.   |1822 |Scotch   |O.    |1877  |
+|   | Hayes            |               |     |         |      |      |
+|20 |James A. Garfield |Cuyahoga Co.,  |1831 |English  |O.    |1881  |
+|   |                  | O.            |     |         |      |      |
+|21 |Chester A. Arthur |Fairfield, Vt. |1830 |Scotch-  |N.Y.  |1881  |
+|   |                  |               |     | Irish   |      |      |
+|22 |Grover Cleveland  |Caldwell, N.J. |1837 |English  |N.Y.  |1883  |
+|23 |Benjamin Harrison |North Bend, O. |1833 |English  |Ind.  |1889  |
+|24 |Grover Cleveland  |Caldwell, N.J. |1837 |English  |N.Y.  |1893  |
+|25 |William McKinley  |Niles, O.      |1843 |Scotch-  |O.    |1897  |
+|   |                  |               |     | Irish   |      |      |
++===+==================+===============+=====+=========+======+======+
+
+
+VICE-PRESIDENTS OF THE UNITED STATES.
+
++===+===============+==================+=====+=========+======+=======+
+|   |Name           |Birthplace        |Year |Paternal |Resi- |Inaug. |
+|   |               |                  |     |Ancestry |dence |       |
++===+===============+==================+=====+=========+======+=======+
+|1  |John Adams     |Quincey, Mass.    |1735 |English  |Mass. |1789   |
+|2  |Thomas         |Shadwell, Va.     |1743 |Welsh    |Va.   |1797   |
+|   | Jefferson     |                  |     |         |      |       |
+|3  |Aaron Burr     |Newark, N.J.      |1756 |English  |N.Y.  |1801   |
+|4  |George Clinton |Ulster Co., N.Y.  |1739 |English  |N.Y.  |1805   |
+|5  |Elbridge Gerry |Marblehead, Mass. |1744 |English  |Mass. |1813   |
+|6  |Daniel D.      |Scarsdale, N.Y.   |1774 |English  |N.Y.  |1817   |
+|   | Tompkins      |                  |     |         |      |       |
+|7  |John C.        |Abbeville, S.C.   |1782 |Scotch-  |S.C.  |1825   |
+|   | Calhoun       |                  |     | Irish   |      |       |
+|8  |Martin Van     |Kinderhook, N.Y.  |1782 |Dutch    |N.Y.  |1833   |
+|   | Buren         |                  |     |         |      |       |
+|9  |Richard M.     |Louisville, Ky.   |1780 |English  |Ky.   |1837   |
+|   | Johnson       |                  |     |         |      |       |
+|10 |John Tyler     |Greenway, Va.     |1790 |English  |Va.   |1841   |
+|11 |George M.      |Philadelphia, Pa. |1792 |English  |Pa.   |1845   |
+|   | Dallas        |                  |     |         |      |       |
+|12 |Millard        |Summer Hill, N.Y. |1800 |English  |N.Y.  |1849   |
+|   | Fillmore      |                  |     |         |      |       |
+|13 |William R.     |Sampson Co., N.C. |1786 |English  |Ala.  |1853   |
+|   | King          |                  |     |         |      |       |
+|14 |John C.        |Lexington, Ky.    |1821 |Scotch   |Ky.   |1857   |
+|   | Breckinridge  |                  |     |         |      |       |
+|15 |Hannibal       |Paris, Me.        |1809 |English  |Me.   |1861   |
+|   | Hamlin        |                  |     |         |      |       |
+|16 |Andrew Johnson |Raleigh, N.C.     |1808 |English  |Tenn. |1865   |
+|17 |Schuyler       |New York City     |1823 |English  |Ind.  |1869   |
+|   | Colfax        |                  |     |         |      |       |
+|18 |Henry Wilson   |Farmington, N.H.  |1822 |English  |Mass. |1873   |
+|19 |William A.     |Malone, N.Y.      |1819 |English  |N.Y.  |1877   |
+|   | Wheeler       |                  |     |         |      |       |
+|20 |Chester A.     |Fairfield, Vt.    |1830 |Scotch-  |N.Y.  |1881   |
+|   | Arthur        |                  |     | Irish   |      |       |
+|21 |Thomas A.      |Muskingum Co., O. |1819 |Scotch-  |Ind.  |1885   |
+|   | Hendricks     |                  |     | Irish   |      |       |
+|22 |Levi P. Morton |Shoreham, Vt.     |1824 |Scotch   |N.Y.  |1889   |
+|23 |Adlai E.       |Christian Co., Ky.|1835 |Scotch-  |Ill.  |1893   |
+|   | Stevenson     |                  |     | Irish   |      |       |
+|24 |Garret A.      |Long Branch, N.J. |1844 |English  |N.J.  |1897   |
+|   | Hobart        |                  |     |         |      |       |
++===+===============+==================+=====+=========+======+=======+
+
+
+PRESIDENTS PRO TEMPORE OF THE UNITED STATES SENATE.
+CONGRESS     YEARS     NAME                STATE    BORN     DIED
+=================================================================
+1, 2        1789-92    John Langdon        N H      1739     1819
+2           1792       Richard H Lee       Va       1732     1794
+2, 3        1792 94    John Langdon        N H      1739     1819
+3           1794 95    Ralph Izard         S C      1742     1804
+3, 4        1795 96    Henry Tazewell      Va       1753     1799
+4           1796 97    Samuel Livermore    N H      1732     1803
+4, 5        1797       William Bingham     Pa       1751     1804
+5           1797       William Bradford    R I      1729     1808
+5           1797 98    Jacob Read          S C      1752     1816
+5           1798       Theo Sedgwick       Mass     1746     1813
+5           1798 99    John Laurence       N Y      1750     1810
+5           1799       James Ross          Pa       1762     1847
+6           1799-1800  Samuel Livermore    N H      1732     1803
+6           1800       Uriah Tracy         Ct       1755     1807
+6           1800-1801  John E Howard       Md       1752     1827
+6           1801       James Hillhouse     Ct       1754     1832
+7           1801 02    Abraham Baldwin     Ga       1754     1807
+7           1802-03    Stephen R Bradley   Vt       1754     1830
+8           1803 04    John Brown          Ky       1757     1837
+8           1804-05    Jesse Franklin      N C      1758     1823
+8           1805       Joseph Anderson     Tenn     1757     1837
+9, 10       1805-08    Samuel Smith        Md       1752     1823
+10          1808-09    Stephen R Bradley   Vt       1754     1837
+10, 11      1809       John Milledge       Ga       1757     1839
+11          1809-10    Andrew Gregg        Pa       1755     1835
+11          1810 11    John Gaillard       S C               1826
+11, 12      1811-12    John Pope           Ky       1770     1845
+12, 13      1812 13    Wm H. Crawford      Ga       1772     1834
+13          1813 14    Jos B Varnum        Mass     1750     1821
+13-15       1814-18    John Gaillard       S C               1826
+15 16       1818 19    James Barbour       Va       1775     1842
+16 19       1820-26    John Gaillard       S C               1826
+19, 20      1826 28    Nathaniel Macon     N C      1757     1837
+20 22       1828-32    Samuel Smith        Md       1752     1839
+22          1832       L W Tazewell        Va       1774     1863
+22, 23      1832-34    Hugh L White        Tenn     1773     1840
+23          1834 35    Geo Poindexter      Miss     1779     1853
+24          1835 35    John Tyler          Va       1790     1862
+24-26       1836 41    William R King      Ala      1786     1853
+26, 27      1841 42    Samuel L Southard   N J      1787     1842
+27 29       1842 46    W P Mangum          N C      1792     1861
+29, 30      1846-49    D R Atchison        Mo       1807     1886
+31, 32      1850 52    William R King      Ala      1786     1853
+32 33       1852 54    D R Atchison        Mo       1807     1886
+33 34       1854-57    Jesse D Bright      Ind      1812     1875
+34          1857       James M Mason       Va       1798     1871
+35, 36      1857 61    Benj Fitzpatrick    Ala      1802     1869
+36 38       1861-64    Solomon Foot        Vt       1802     1866
+38          1864-65    Daniel Clark        N H      1809     1891
+39          1865-67    Lafayette S. Foster Ct       1806     1880
+40          1867-69    Benj F Wade         Ohio     1800     1878
+41, 42      1869-73    Henry B Anthony     R I      1815     1884
+43          1873-75    M H Carpenter       Wis      1824     1881
+44, 45      1875 79    Thomas W Ferry      Mich     1827     1896
+46          1879-81    A G Thurman         Ohio     1813     1895
+47          1881       Thomas F Bayard     Del      1828
+47          1881-83    David David         Ill      1815     1886
+48          1883 85    Geo F Edmunds       Vt       1818
+49          1885 87    John Sherman        Ohio     1823     1900
+49-51       1887 91    John J Ingalls      Kan      1833
+52          1891-93    C F Manderson       Neb      1837
+53          1893-95    Isham G Harris      Tenn     1818     ....
+54, 55      1895-99    William P Frye      Me       1831     ....
+
+
+SPEAKERS OF THE U.S. HOUSE OF REPRESENTATIVES.
+
+CONGRESS.  YEARS.    NAME.                   STATE. BORN. DIED.
+===============================================================
+1          1789-91   F.A. Muhlenburg         Pa.    1750  1801
+2          1791-93   Jonathan Trumbull       Ct.    1740  1809
+3          1793-95   F.A. Muhlenburg         Pa.    1750  1801
+4, 5       1795-99   Jonathan Dayton         N.J.   1760  1824
+6          1799-1801 Theo. Sedgwick          Mass.  1746  1813
+7-9        1801-07   Nathaniel Macon         N.C.   1757  1837
+10, 11     1807-11   Joseph B. Varnum        Mass.  1750  1821
+12, 13     1811-14   Henry Clay              Ky.    1777  1852
+13         1814-15   Langdon Cheves          S.C.   1776  1857
+14-16      1815-20   Henry Clay              Ky.    1777  1852
+16         1820-21   John W. Taylor          N.Y.   1784  1854
+17         1821-23   Philip P. Barbour       Va.    1783  1841
+18         1823-25   Henry Clay              Ky.    1777  1852
+19         1825-27   John W. Taylor          N.Y.   1784  1854
+20-23      1827-34   Andrew Stevenson        Va.    1784  1857
+23         1834-35   John Bell               Tenn.  1797  1869
+24, 25     1835-39   James K. Polk           Tenn.  1795  1849
+26         1839-41   R. M. T. Hunter         Va.    1809  1887
+27         1841-43   John White              Ky.    1805  1845
+28         1843-45   John W. Jones           Va.    1805  1848
+29         1845-47   John W. Davis           Ind.   1799  1850
+30         1847-49   Robert C. Winthrop      Mass.  1809  1894
+31         1849-51   Howell Cobb             Ga.    1815  1868
+32, 33     1851-55   Linn Boyd               Ky.    1800  1859
+34         1855-57   Nathaniel P. Banks      Mass.  1816  1894
+35         1857-59   James L. Orr            S.C.   1822  1873
+36         1860-61   Wm. Pennington          N.J.   1796  1862
+37         1861-63   Galusha A. Grow         Pa.    1823  ....
+38-40      1863-69   Schuyler Colfax         Ind.   1823  1885
+41-43      1869-75   James G. Blaine         Me.    1830  1893
+44         1875-76   Michael C. Kerr         Ind.   1827  1876
+44-46      1876-81   Samuel J. Randall       Pa.    1828  1890
+47         1881-83   John W. Keifer          O.     1836  ....
+48-50      1883-89   John G. Carlisle        Ky.    1835  ....
+51         1889-91   Thomas B. Reed          Me.    1839  ....
+52, 53     1891-95   Charles F. Crisp        Ga.    1845  1896
+54, 55     1895-99   Thomas B. Reed          Me.    1839  ....
+
+
+PRINCIPAL UNITED STATES EXECUTIVE OFFICERS AND SALARIES.
+
+EXECUTIVE MANSION.
+
+Office.                         Salary.
+President of United States..... $30,000
+Vice President.................   8,000
+
+DEPARTMENT OF STATE.
+
+Secretary of State............. $ 8,000
+Assistant Secretary............   4,500
+Second Assistant Sec'y.........   3,500
+Third Assistant Sec'y..........   3,500
+Chief Clerk....................   2,750
+Chief of Diplomatic Bureau.....   2,100
+Chiel of Consular Bureau.......   2,100
+Chief of Indexes & Archives....   2,100
+Four other bureau officers.....   2,100
+
+TREASURY DEPARTMENT.
+
+Secretary of the Treasury...... $ 8,000
+2 Assistant Secretaries........   4,500
+Chief Clerk of Department......   3,000
+Chief of Appointmerit Div......   2,750
+Chief of Warrant Division......    ,000 [Transcriber's Note: misprint]
+Chief of Public Moneys Div.....   2,500
+Chief of Customs Division......   2,750
+Chief Mer.Mar.& Int. Rev.......   2,500
+Chief Loans & Currency Div.....   3,500
+Chief Revenue Marine Div.......   2,500
+Chief Stationery & Printing....   2,500
+Supervising Inspector-General
+  of Steamboats................   3,500
+Director of the Mint...........   4,500
+Chief of Bureau of Statistics..   3,000
+Supt. of Life-Saving Service...   4,000
+Chairman Light-House Board.....   .....
+Supervising Surgeon-General....   4,000
+Chief of Bureau of Engraving
+  and Printing.................   4,500
+Supervising Architect..........   4,500
+Supt, U.S. Coast Survey (Acting)  6,000
+2 Comptrollers..................  5,000
+Commissioner of Customs.........  4,000
+6 Auditors......................  3,600
+Treasurer of the U. S...........  6,000
+Register of the Treasury........  4,000
+Comptroller of the Currency.....  5,000
+Com'r of Internal Revenue.......  6,000
+
+WAR DEPARTMENT.
+
+Secretary of War............... $ 8,000
+Chief Clerk....................   2,750
+Adjutant-General...............   5,500
+Inspector-General..............   5,500
+Quartermaster-General..........   5,500
+Paymaster-General..............   5,500
+Commissary-General.............   5,500
+Surgeon-General................   5,500
+Judge Advocate Gen. (Acting)...   5,500
+Chief of Engineers.............   5,500
+Chief Signal Officer...........   5,500
+Chief of Ordnance..............   5,500
+Officer in Charge War Records..   3,500
+
+NAVY DEPARTMENT.
+
+Secretary of the Navy.......... $ 8,000
+Chief Clerk....................   2,500
+Judge-Advocate General.........   4,500
+Chief of Bureau of Yards and
+  Docks........................   5,000
+Chief of Bureau of Navigation..   5,000
+Chief of Bureau of Ordnance....   5,000
+Chief of Bureau of Provisions
+  and Clothing.................   5,000
+Chief of Bureau of Medicine
+  and Surgery..................   5,000
+Chief of Bureau of Equipment
+  and Recruiting...............   5,000
+Chief of Bureau of Construction
+  and Repair...................   5,000
+Chief of Bureau of Steam
+  Engineering..................   5,000
+Chief of Library and War
+  Records......................   3,000
+Pay Director...................   3,000
+Supt. Naval Observatory........   5,000
+Supt. Nautical Almanac.........   3,500
+
+POST-OFFICE DEPARTMENT.
+
+Postmaster-General............. $ 8,000
+Chief Clerk....................   2,200
+3 Ass't Postmaster-Generals....   4,000
+Supt. of Foreign Mails.........   3,000
+Supt. of Money Order System....   3,500
+Asst. Attorney-General for
+  Post-Office Department.......   4,000
+
+DEPARTMENT OF THE INTERIOR.
+
+Secretary of the Interior...... $ 8,000
+First Assistant Secretary......   4,500
+Assistant Secretary............   4,000
+Chief Clerk & Superintendent...   2,750
+Assistant Attorney-General.....   5,000
+Com'r General Land Office......   4,000
+Com'r Pension Office...........   5,000
+Com'r of Indian Affairs........   4,000
+Commissioner Patent Office.....   5,000
+Assistant Commissioner.........   3,000
+3 Examiners-in-Chief...........   3,000
+30 Principal Examiners, each...   2,400
+Commissioner of Education......   3,000
+Director Geological Survey.....   6,000
+Commissioner of Labor..........   3,000
+Commissioner of Railroads......   4,500
+3 Civil Service Com'rs, each...   3,500
+
+DEPARTMENT OF JUSTICE.
+
+Attorney-General............... $ 8,000
+Solicitor-General..............   7,000
+Two Asst. Attorney-Generals....   5,000
+
+DEPARTMENT OF AGRICULTURE.
+
+Secretary of Agriculture....... $ 8,000
+Entomologist...................   2,500
+Botanist.......................   2,000
+Chemist........................   2,500
+Microscopist...................   2,000
+
+NOTE.--For appointees consult any political almanac of this year.
+
+UNITED STATES JUDICIAL DEPARTMENT.
+
+SUPREME COURT OF THE UNITED STATES.
+
+The court holds annual sessions at Washington, commencing on the second
+Monday in October.
+
+                           Appointed          Date of        Salary
+                           from               Commission
+--------------------------------------------------------------------
+Chief Justice Melville W.  Illinois           July 20, 1888  $10,500
+  Fuller
+Justice Stephen J. Field   California         Mar  10, 1863   10,000
+Justice John M. Harlan     Kentucky           Nov  29, 1877   10,000
+Justice Horace Gray        Massachusetts      Dec  20, 1881   10,000
+Justice David J. Brewer    Kansas             Dec  18, 1889   10,000
+Justice Henry B. Brown     Michigan           Dec  30, 1890   10,000
+Justice George Shiras      Pennsylvania       Oct  --, 1892   10,000
+Justice Edward D. White    Louisiana          Feb  --, 1894   10,000
+Justice Rufus W. Peckham   New York           Dec  --, 1893   10,000
+Clerk of the Supreme       Dist. of Columbia           1880    6,000
+  Court: James H. McKenny
+Marshal: John M. Wright    Kentucky           Jan   4, 1888    3,000
+Reporter: J.C. Bancroft    New York                    1883    5,700
+  Davis
+
+
+CIRCUIT COURTS OF THE UNITED STATES
+
+(Salary of Circuit Judges $6,000 a year)
+
+First Judicial Circuit--Mr Justice Gray, Boston, Mass
+  Districts of Maine, New Hampshire, Massachusetts, and Rhode Island.
+  Circuit Judges--Le Baron B. Colt, R.I. 1884
+                  Wm. L. Putnam, Me. 1892
+
+Second Judicial Circuit--Mr Justice Peckham, New York City.
+  Districts of Vermont, Connecticut and New York
+  Circuit Judges--Wm. J. Wallace, N.Y. 1882
+                  E. Henry Lacombe, N.Y. 1888
+                  Nathaniel Shipman, Ct. 1892
+
+Third Judicial Circuit--Mr Justice Shiras, Pittsburgh, Pa.
+  Districts of New Jersey, Pennsylvania, and Delaware
+  Circuit Judges--Marcus W. Acheson, Pa. 1891
+                  Geo. M. Dallas, Pa. 1892
+
+Fourth Judicial Circuit--Mr Chief Justice Fuller, Washington, D.C.
+  Districts of Maryland, Virginia, West Virginia, North and South Carolina
+  Circuit Judges--Nathan Goff, W. Va. 1892
+                  Charles H. Simonton, S.C. 1893
+
+Fifth Judicial Circuit--Mr Justice White, New Orleans, La.
+  Districts of Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas.
+  Circuit Judges--Don A. Pardee, La. 1881
+                  A.P. McCormick, Tex. 1892
+
+Sixth Judicial Circuit--Mr Justice Harlan, Nashville, Tenn.
+  Districts of Ohio, Michigan, Kentucky, and Tennessee
+  Circuit Judges--William H. Taft, Ohio 1892
+                  Horace H. Lurton, Tenn. 1893
+
+Seventh Judicial Circuit--Mr Justice Brown, Chicago, I11.
+  Districts of Indiana, Illinois and Wisconsin
+  Circuit Judges--William A. Woods, Ind. 1892
+                  James G. Jenkins, Wis. 1893
+
+Eighth Judicial Circuit--Mr Justice Brewer, Leavenworth, Kan.
+  Districts of Minnesota, Iowa, Missouri, Kansas, Arkansas, Nebraska,
+  Colorado, North and South Dakota, Wyoming
+  Circuit Judges--Henry C. Caldwell, Ark. 1890
+                  Walter H. Sanborn, Minn. 1892
+                  Amos M. Thayer, Mo. 1892
+
+Ninth Judicial Circuit--Mr Justice Field, San Francisco, Cal.
+  Districts of California, Oregon, Washington, Idaho, Nevada, and Montana.
+  Circuit Judges--Joseph McKenna, Cal. 1892
+                  William B. Gilbert, Ore. 1892
+
+
+JUDGES OF THE UNITED STATES DISTRICT COURTS. (Salary, $5,000 a year.)
+
+DISTRICTS.             NAME.             RESIDENCE.    DATE OF
+                                                       COMMISSION
+Alabama:
+  N. Mobile District   John Bruce        Montgomery    Feb. 27, 1875
+  Southern    "        Harry T. Toulmin  Mobile        Dec. 14, 1886
+Arkansas:
+  Eastern District     John A. Williams  Pine Bluff    -------- 1890
+  Western    "         John H. Rodgers   Fort Smith
+California:
+  Northern District    W.W. Morrow       San Francisco
+  Southern   "         Olin Wellborn     Los Angeles
+Colorado               Moses Hallett     Denver        Jan. 20, 1877
+Connecticut            W.K. Townsend     New Haven     -------- 1892
+Delaware               Leonard E. Wales  Wilmington    Mar. 20, 1884
+Florida:
+  Northern District    Charles Swayne    Jacksonville
+  Southern    "        James W. Locke    Key West      Feb. 1, 1872
+Georgia:
+  Northern District    William T. Newman Atlanta       Aug. 13, 1886
+  Southern   "         Emory Speer       Savannah      Feb. 18, 1885
+Idaho                  J.H. Beatty       Hailey        -------- 1890
+Illinois:
+  Northern District    P.S. Grosscup     Chicago.
+  Southern    "        William J. Allen  Springfield  April 18, 1887
+Indiana                John H. Baker     Goshen        -------- 1892
+Iowa:
+  Northern District    Oliver P. Shiras  Dubuque       Aug. 14, 1882
+  Southern    "        John S. Woolson   Keokuk
+Kansas                 Cassius G. Foster Topeka        Mar. 10, 1874
+Kentucky               John W. Barr      Louisville   April 15, 1880
+Louisiana:
+  Eastern District     Charles Parlange  New Orleans
+  Western     "        Aleck Boarman     Shreveport    May 18,  1881
+Maine                  Nathan Webb       Portland      Jan. 24, 1882
+Maryland               Thomas J. Morris  Baltimore     July 1,  1879
+Massachusetts          Thomas L. Nelson  Worcester     Jan. 10, 1879
+Michigan:
+  Eastern District     Henry H. Swan     Detroit       -------- 1890
+  Western    "         Henry F. Severens Kalamazoo     May 25,  1886
+Minnesota              William Lochren   Minneapolis   -------- 1896
+Mississippi
+  (Two Districts)      Henry C. Niles    Jackson
+Missouri:
+  Eastern District     Elmer E. Adams    St. Louis     -------- 1896
+  Western    "         John F. Phillips                -------- 1888
+Montana                Henry Knowles     Helena        -------- 1889
+Nebraska               W.D.M. Hugh       Omaha
+Nevada                 T.P. Hawley       Carson City
+New Hampshire          Edgar Aldrich     Littleton
+New Jersey             A. Kirkpatrick    Trenton
+New York
+  Northern District    Alfred C. Coxe    Utica         May 4,   1882
+  Southern    "        Addison Brown     New York      June 2,  1881
+                                           City
+  Eastern     "        Charles L.         Brooklyn     Mar. 9,  1865
+                         Benedict
+North Carolina:
+  Eastern District
+  Western    "         Robert P. Dick.    Greensboro   June 7,  1872
+North Dakota           C.F. Amidon        Fargo        -------- 1896
+Ohio:
+  Northern District    A.J. Ricks         Cleveland
+  Southern    "        George R. Sage     Cincinnati   Mar. 20, 1883
+Oregon                 C.B. Bellinger     Portland
+Pennsylvania:
+  Eastern District     William Butler     Philadelphia Feb. 19, 1879
+  Western    "         J. Buffington      Pittsburgh   -------- 1891
+Rhode Island           Arthur L. Brown    Providence
+South Carolina         W.H. Brawley       Charleston   -------- 1893
+South Dakota           John E. Carland    Sioux Falls
+Tennessee:
+  East & Mid. Dist.    C.D. Clark         Chattanooga
+  Western District     S. Hammond         Memphis      June 17, 1878
+Texas:
+ Eastern District      D.E. Bryant        Sherman
+ Western    "          Thos S. Maxey      Austin       -------- 1888
+ Northern   "          John B. Rector     Dallas
+Utah                   John A. Marshall   Salt Lake City
+Vermont                Hoyt H. Wheeler    Jamaica      Mar. 16, 1877
+Virginia:
+ Eastern District      Robert W. Hughes   Norfolk      Jan. 14, 1874
+ Western    "          John Paul          Harrisonburg Mar.  3, 1883
+Washington             C.H. Hanford       Seattle      -------- 1889
+West Virginia          John J.Jackson, Jr Parkersburg  Aug.  3, 1861
+Wisconsin:
+ Eastern District      W.H. Seaman        Sheboygan    -------- 1898
+ Western    "          Romanzo E. Bunn    Madison      Oct. 30, 1877
+Wyoming                John A. Riner      Cheyenne     -------- 1890
+
+
+CORRESPONDING OFFICERS OF U.S. ARMY AND NAVY.
+
+FIELD OFFICERS:
+
+ 1 General, $13,500.
+ 2 Lieutenant General, $11,000.
+ 3 Major Generals, $7,500.
+ 4 Brigadier Generals, $5,500.
+
+REGIMENTAL OFFICERS:
+
+ 5 Colonels, $3,500 to $4,500.
+ 6 Lieutenant Colonels, $3,000 to $4,000.
+ 7 Majors, $2,500 to $3,500.
+
+COMPANY OFFICERS:
+
+ 8 Captains, $1,800 to $2,800.
+ 9 First Lieutenants, $1,500 to $2,240.
+10 Second Lieutenants, $1,400 to $2,100
+
+FLEET OFFICERS:
+
+ 1 Admiral, $13,000.
+ 2 Vice-Admiral, $9,000.
+ 3 Rear Admirals, $6,000.
+ 4 Commodores, $5,000.
+
+SHIP OFFICERS:
+
+ 5 Captains, $4,500
+ 6 Commanders, $3,500.
+ 7 Lieutenant Commanders, $2,800.
+
+SUBORDINATE SHIP OFFICERS:
+
+ 8 Lieutenants, $2,400 to $2,600.
+ 9 Masters, $1,800 to $2,000.
+10 Ensigns, $1,200 to $1,400.
+
+For names of officers, see Political Almanac.
+
+
+JUSTICES OF THE UNITED STATES SUPREME COURT. (Names of the Chief Justices
+in italics)
+
+                          SERVICE
+NAME                        TERM    YEARS BORN DIED
+_John Jay_, N Y      1789 1795    6  1745 1829
+John Rutledge, S C        1789 1791    2  1739 1800
+William Cushing, Mass     1789 1800   21  1733 1810
+James Wilson, Pa          1789 1798    9  1742 1798
+John Blair, Va            1789 1796    7  1732 1800
+Robert H Harrison, Md     1789 1790    1  1745 1790
+James Iredell, N C        1790 1799    9  1751 1799
+Thomas Johnson, Md        1791 1793    2  1732 1819
+William Paterson, N J     1793 1806   13  1745 1806
+_John Rutledge_, S C 1795            1739 1800
+Samuel Chase, Md          1796 1811   15  1741 1811
+_Oliver Ellsworth_,
+  Ct                      1796 1800    5  1745 1807
+Bushrod Washington, Va    1798 1829   31  1762 1829
+Alfred Moore, N C         1799 1804    5  1755 1835
+_John Marshall_, Va  1801 1835   34  1771 1834
+William Johnson, S C      1804 1834   30  1757 1823
+Brock Livingston, N Y     1806 1823   17  1765 1826
+Thomas Todd, Ky           1807 1826   19  1765 1826
+Joseph Story, Mass        1811 1845   34  1770 1846
+Gabriel Duval, Md         1811 1836   25  1732 1844
+Smith Thompson, N Y       1823 1843   20  1767 1843
+Robert Trimble, Ky        1826 1828    2  1777 1828
+John McLean, Ohio         1829 1861   32  1785 1861
+Henry Baldwin, Pa         1830 1844   16  1779 1844
+James M Wayne, Ga         1835 1867   32  1790 1867
+_Roger B Taney_, Md  1836 1864   28  1777 1864
+Philip P Barbour, Va      1836 1841    5  1783 1841
+John Catron, Tenn         1837 1865   28  1786 1865
+John McKinley, Ala        1837 1852   15  1780 1852
+Peter V Daniel, Va        1841 1860   19  1785 1860
+Samuel Nelson, N Y        1845 1872   27  1792 1873
+Levi Woodbury, N H        1845 1851    6  1789 1851
+Robert C Grier, Pa        1846 1870   23  1794 1870
+Benj R Curtis, Mass       1851 1857    6  1800 1874
+John A Campbell, Ala      1853 1861    8  1811 1889
+Nathan Clifford, Maine    1858 1881   23  1803 1881
+Noah H Swayne, Ohio       1861 1881   20  1804 1884
+Samuel F Miller, Iowa     1862 1890   28  1816 1890
+David Davis, Ill          1862 1877   15  1815 1885
+Stephen J Field, Cal      1863            1816
+_Salmon P Chase_,
+  Ohio                    1864 1873    9  1808 1873
+William Strong, Pa        1870 1880   10  1808
+Joseph P Bradley, N J     1870 1892   22  1818 1892
+Ward Hunt, N Y            1872 1882   10  1811 1886
+_Morrison R Waite_,
+  Ohio                    1874 1888   14  1816 1888
+John M Harlan, Ky         1877            1877
+William B Woods, Ga       1880 1887    7  1824 1887
+Stanley Matthews, Ohio    1881 1889    8  1824 1889
+Horace Gray, Mass         1881            1828
+Samuel Blatchford, N Y    1882 1893   11  1820 1893
+Lucius Q C Lamar, Miss    1888 1993    5  1825 1893
+_Melville W Fuller_,
+  Ill                     1888            1833
+David J Brewer, Kan       1889            1837
+Henry B Brown, Mich       1890            1836
+George Shiras Jr, Pa      1892            1832
+Howell D Jackson, Tenn    1893 1895    2  1832 1895
+Edward D White, La        1893            1845
+Rufus W Peckham           1895            1837
+
+
+UNITED STATES MILITARY ACADEMY AT WEST POINT.
+
+Each Congressional District and Territory--also the District of Columbia--
+is entitled to have one cadet at the Academy. There are also ten
+appointments at large, specially conferred by the President of the United
+States. The number of students is thus limited to three hundred and
+seventy-one.
+
+Appointments are usually made one year in advance of date of admission, by
+the Secretary of War, upon the nomination of the Representative. These
+nominations may either be made after competitive examinations or given
+direct, at the option of the Representative. Appointees to the Military
+Academy must be between seventeen and twenty-two years of age, free from
+any infirmity which may render them unfit for military service, and able
+to pass a careful examination in reading, writing, orthography,
+arithmetic, grammar, geography, and history of the United States.
+
+The course of instruction, which is quite thorough, requires four years,
+and is largely mathematical and professional. About one-fourth of those
+appointed usually fail to pass the preliminary examination, and but little
+over one-half the remainder are finally graduated. The discipline is very
+strict--even more so than in the army--and the enforcement of penalties
+for offences is inflexible rather than severe. Academic duties begin
+September 1 and continue until June 1. Examinations are held in each
+January and June.
+
+From about the middle of June to the end of August cadets live in camp,
+engaged only in military duties and receiving practical military
+instruction. Cadets are allowed but one leave of absence during the four
+years' course, and this is granted at the expiration of the first two
+years. The pay of a cadet is five hundred and forty dollars per year. Upon
+graduating, cadets are commissioned as second lieutenants in the United
+States Army.
+
+The Academy was established by act of Congress in 1802. An annual Board of
+Visitors is appointed, seven being appointed by the President of the
+United States, two by the President of the Senate, and three by the
+Speaker of the House of Representatives. They visit the Academy in June,
+and are present at the concluding exercises of the graduating class of
+that year.
+
+
+UNITED STATES NAVAL ACADEMY AT ANNAPOLIS.
+
+There are allowed at the Academy one naval cadet for each Member or
+Delegate of the United States House of Representatives, one for the
+District of Columbia, and ten at large. The appointment of cadets at large
+and for the District of Columbia is made by the President. The Secretary
+of the Navy, as soon after March 5 in each year as possible, must notify
+in writing each Member and Delegate of the House of Representatives of any
+vacancy that may exist in his district. The nomination of a candidate to
+fill the vacancy is made, on the recommendation of the Member or Delegate,
+by the Secretary. Candidates must be actual residents of the districts
+from which they are nominated.
+
+The course of naval cadets is six years, the last two of which are spent
+at sea. Candidates at the time of their examination for admission must be
+not under fifteen nor over twenty years of age, and physically sound, well
+formed, and of robust condition. They enter the Academy immediately after
+passing the prescribed examinations, and are required to sign articles
+binding themselves to serve in the United States Navy eight years
+(including the time of probation at the Naval Academy), unless sooner
+discharged. The pay of a naval cadet is five hundred dollars a year,
+beginning at the date of admission.
+
+At least ten appointments from among the graduates are made each year.
+Surplus graduates who do not receive appointments are given a certificate
+of graduation, an honorable discharge, and one year's sea pay.
+
+The Academy was founded in 1845 by the Hon. George Bancroft, Secretary of
+the Navy in the administration of President Polk. It was formally opened
+October 10 of that year, with Commander Franklin Buchanan as
+Superintendent. During the Civil War it was removed from Annapolis, Md.,
+to Newport, R.I., but was returned to the former place in 1865. It is
+under the direct supervision of the Bureau of Navigation, Navy Department.
+
+
+REPRESENTATION IN CONGRESS FOR EACH DECADE WITH RATIOS.
+
+[Transcriber's Note: This table went horizontally across two pages, so
+it's given in pieces, with line numbers, as some of the others were.]
+
++===+===============+========+=======+=======+=======+=======+=======+
+|   |Ratios         |Consti- |33,900 |33,900 |35,000 |40,000 |47,000 |
+|   |               |tution  |       |       |       |       |       |
+|   +===============+========+=======+=======+=======+=======+=======+
+|   |States         |1787    |1790   |1800   |1810   |1820   |1830   |
++===+===============+========+=======+=======+=======+=======+=======+
+|1  |Alabama        |....    |....   |....   |1[1]   |8      |5      |
+|2  |Arkansas       |....    |....   |....   |....   |....   |1[1]   |
+|3  |California     |....    |....   |....   |....   |....   |....   |
+|4  |Colorado       |....    |....   |....   |....   |....   |....   |
+|5  |Connecticut    |5       |7      |7      |7      |6      |6      |
+|6  |Delaware       |1       |1      |1      |2      |1      |1      |
+|7  |Florida        |....    |....   |....   |....   |....   |....   |
+|8  |Georgia        |3       |2      |4      |6      |7      |9      |
+|9  |Idaho          |....    |....   |....   |....   |....   |....   |
+|10 |Illinois       |....    |....   |....   |1[1]   |1      |8      |
+|11 |Indiana        |....    |....   |....   |1[1]   |3      |7      |
+|12 |Iowa           |....    |....   |....   |....   |....   |....   |
+|13 |Kansas         |....    |....   |....   |....   |....   |....   |
+|14 |Kentucky       |....    |2[1]   |6      |10     |12     |13     |
+|15 |Louisiana      |....    |....   |....   |1[1]   |3      |3      |
+|16 |Maine          |....    |....   |....   |7[1]   |7      |8      |
+|17 |Maryland       |8       |8      |9      |9      |9      |8      |
+|18 |Massachusetts  |8       |14     |17     |20     |13     |12     |
+|19 |Michigan       |....    |....   |....   |....   |....   |1[1]   |
+|20 |Minnesota      |....    |....   |....   |....   |....   |....   |
+|21 |Mississippi    |....    |....   |....   |1[1]   |1      |3      |
+|22 |Missouri       |....    |....   |....   |....   |1[1]   |2      |
+|23 |Montana        |....    |....   |....   |....   |....   |....   |
+|24 |Nebraska       |....    |....   |....   |....   |....   |....   |
+|25 |Nevada         |....    |....   |....   |....   |....   |....   |
+|26 |New Hampshire  |3       |4      |5      |6      |6      |5      |
+|27 |New Jersey     |4       |5      |6      |6      |6      |6      |
+|28 |New York       |6       |10     |17     |27     |34     |40     |
+|29 |North Carolina |5       |10     |12     |13     |13     |13     |
+|30 |North Dakota   |....    |....   |....   |....   |....   |....   |
+|31 |Ohio           |....    |....   |1[1]   |6      |14     |19     |
+|32 |Oregon         |....    |....   |....   |....   |....   |....   |
+|33 |Pennsylvania   |8       |13     |18     |23     |25     |28     |
+|34 |Rhode Island   |1       |2      |2      |2      |2      |2      |
+|35 |South Carolina |5       |6      |8      |9      |9      |9      |
+|36 |South Dakota   |....    |....   |....   |....   |....   |....   |
+|37 |Tennessee      |....    |1[1]   |3      |6      |9      |13     |
+|38 |Texas          |....    |....   |....   |....   |....   |....   |
+|39 |Utah           |....    |....   |....   |....   |....   |....   |
+|40 |Vermont        |....    |2[1]   |4      |6      |5      |5      |
+|41 |Virginia       |10      |19     |22     |23     |22     |12     |
+|42 |Washington     |....    |....   |....   |....   |....   |....   |
+|43 |West Virginia  |....    |....   |....   |....   |....   |....   |
+|44 |Wisconsin      |....    |....   |....   |....   |....   |....   |
+|45 |Wyoming        |....    |....   |....   |....   |....   |....   |
++===+===============+========+=======+=======+=======+=======+=======+
+|46 |Totals         |65      |106    |142    |193    |213    |234    |
++===+===============+========+=======+=======+=======+=======+=======+
+
+REPRESENTATION IN CONGRESS FOR EACH DECADE WITH RATIOS.
+
+[Transcriber's Note: Continued from previous table.]
+
++===+=======+=======+========+========+========+========+=======+
+|   |70,680 |93,420 |127,000 |131,425 |151,912 |173,901 |47,000 |
+|   +=======+=======+========+========+========+========+=======+
+|   |1840   |1850   |1860    |1870    |1880    |1890    |1830   |
++===+=======+=======+========+========+========+========+=======+
+|1  |7      |7      |6       |8       |8       |9       |5      |
+|2  |1      |2      |3       |4       |5       |6       |1[1]   |
+|3  |2[1]   |2      |3       |4       |6       |7       |....   |
+|4  |....   |....   |....    |1[1]    |1       |2       |....   |
+|5  |4      |4      |4       |4       |4       |4       |6      |
+|6  |1      |1      |1       |1       |1       |1       |1      |
+|7  |1[1]   |1      |1       |2       |2       |2       |....   |
+|8  |8      |8      |7       |9       |10      |11      |9      |
+|9  |....   |....   |....    |....    |....    |....    |....   |
+|10 |7      |9      |14      |19      |20      |22      |8      |
+|11 |10     |11     |11      |13      |13      |13      |7      |
+|12 |2[1]   |2      |6       |9       |11      |11      |....   |
+|13 |....   |....   |1[1]    |3       |7       |8       |....   |
+|14 |10     |10     |9       |10      |11      |11      |13     |
+|15 |4      |4      |5       |6       |6       |6       |3      |
+|16 |7      |6      |5       |5       |4       |4       |8      |
+|17 |6      |6      |5       |6       |6       |6       |8      |
+|18 |10     |11     |10      |11      |12      |13      |12     |
+|19 |3      |4      |6       |9       |11      |12      |1[1]   |
+|20 |....   |2[1]   |2       |3       |5       |7       |....   |
+|21 |4      |5      |5       |6       |7       |7       |3      |
+|22 |5      |7      |9       |13      |14      |15      |2      |
+|23 |....   |....   |....    |....    |1[1]    |1       |....   |
+|24 |....   |....   |1[1]    |1       |3       |6       |....   |
+|25 |....   |....   |1[1]    |1       |1       |1       |....   |
+|26 |4      |3      |3       |3       |2       |2       |5      |
+|27 |5      |5      |5       |7       |7       |8       |6      |
+|28 |34     |33     |31      |33      |34      |34      |40     |
+|29 |9      |8      |7       |8       |9       |9       |13     |
+|30 |....   |....   |....    |....    |1[1]    |1       |....   |
+|31 |21     |21     |19      |20      |21      |21      |19     |
+|32 |....   |1[1]   |1       |1       |1       |2       |....   |
+|33 |24     |25     |24      |27      |28      |30      |28     |
+|34 |2      |2      |2       |2       |2       |2       |2      |
+|35 |7      |6      |4       |5       |7       |7       |9      |
+|36 |....   |....   |....    |....    |2[1]    |2       |....   |
+|37 |11     |10     |8       |10      |10      |10      |13     |
+|38 |2[1]   |2      |4       |6       |11      |13      |....   |
+|39 |....   |....   |....    |....    |....    |1[1]    |....   |
+|40 |4      |3      |3       |3       |2       |2       |5      |
+|41 |15     |13     |11      |9       |10      |10      |12     |
+|42 |....   |....   |....    |....    |1[1]    |2       |....   |
+|43 |....   |....   |3[1]    |3       |4       |4       |....   |
+|44 |2[1]   |3      |6       |8       |9       |10      |....   |
+|45 |....   |....   |....    |....    |....    |1       |....   |
++===+=======+=======+========+========+========+========+=======+
+|46 |232    |246    |246     |293     |330     |357     |234    |
++===+=======+=======+========+========+========+========+=======+
+
+REPRESENTATION IN CONGRESS FOR EACH DECADE WITH RATIOS.
+
+[Transcriber's Note: The data below is from the same table, but can stand
+on its own.]
+
++===============+=================================+
+|States         |Territory, How Obtained          |
++===============+=================================+
+|Alabama        |Ceded by S.C. and Ga.            |
+|Arkansas       |Part of Louisiana purchase.      |
+|California     |Ceded by Mexico.                 |
+|Colorado       |From France and Mexico.          |
+|Connecticut    |One of original thirteen.        |
+|Delaware       |One of original thirteen.        |
+|Florida        |Part of Florida purchase.        |
+|Georgia        |One of original thirteen.        |
+|Idaho          |Part of "Oregon Country."        |
+|Illinois       |Ceded to U.S. by Virginia.       |
+|Indiana        |Ceded to U.S. by Virginia.       |
+|Iowa           |Part of Louisiana Purchase.      |
+|Kansas         |From France and Texas.           |
+|Kentucky       |Ceded to U.S. by Virginia.       |
+|Louisiana      |Part of Louisiana Purchase.      |
+|Maine          |From Massachusetts.              |
+|Maryland       |One of original thirteen.        |
+|Massachusetts  |One of original thirteen.        |
+|Michigan       |Ceded to U.S. by Virginia.       |
+|Minnesota      |From Virginia and France.        |
+|Mississippi    |Ceded by Ga. and S. Carolina.    |
+|Missouri       |Part of Louisiana purchase.      |
+|Montana        |Part of Louisiana purchase.      |
+|Nebraska       |Part of Louisiana purchase.      |
+|Nevada         |Part of Mexican cession.         |
+|New Hampshire  |One of original thirteen.        |
+|New Jersey     |One of original thirteen.        |
+|New York       |One of original thirteen.        |
+|North Carolina |One of original thirteen.        |
+|North Dakota   |Part of Louisiana purchase.      |
+|Ohio           |Ceded to U.S. by Virginia.       |
+|Oregon         |France, Spain and Great Britain. |
+|Pennsylvania   |One of original thirteen.        |
+|Rhode Island   |One of original thirteen.        |
+|South Carolina |One of original thirteen.        |
+|South Dakota   |Part of Louisiana purchase.      |
+|Tennessee      |Ceded to U.S. by N. Carolina.    |
+|Texas          |Independent republic.            |
+|Utah           |Part of Mexican cession.         |
+|Vermont        |Ceded to U.S. by New York.       |
+|Virginia       |One of original thirteen.        |
+|Washington     |Exploration and treaty.          |
+|West Virginia  |Portion of Virginia.             |
+|Wisconsin      |Ceded to U.S. by Virginia.       |
+|Wyoming        |Part of "Oregon Country."        |
++===============+=================================+
+
+
+TABULAR VIEW OF THE STATE GOVERNMENT OF MINNESOTA
+
+
+Senators/Representatives:
+  Created   : Constitution.
+  How Chosen: By the People in Senatorial Districts.
+  Duties    : Make Laws.
+  Beginning : First Monday in January.
+  Vacancy   : New Election.
+  Bonds     : None.
+
+Senators:
+  No.       : 63
+  Duties    : Try Impeachments, Confirm Appointments.
+  Term      : 4 years.
+  Removal   : 2/3 of Senate.
+  Salary    : $5 a day and Mileage.
+
+Representatives:
+  No.       : 119
+  Duties    : Impeach, Originate Revenue Bills.
+  Term      : 2 years.
+  Removal   : 2/3 of H. of R.
+  Salary    : $5 a day and Mileage; Speaker, $10.
+
+
+Governor/Lieutenant-Governor/State Auditor/State
+Treasurer/Secretary of State/Attorney General:
+  Created   : By the Constitution.
+  No.       : 1
+  How Chosen: By the People of the State on a General Ticket.
+  Beginning : First Monday in January.
+  Removal   : Impeachment by House of R. and Conviction by Senate.
+
+Governor:
+  Duties    : Execute Laws, Veto, Appointments, Pardons.
+  Term      : 2 years.
+  Vacancy   : Lieut.-Gov.
+  Bonds     : None.
+  Salary    : $5,000 a year.
+
+Lieutenant-Governor:
+  Duties    : Preside over Senate, Act as Governor in Vacancy.
+  Term      : 2 years.
+  Vacancy   : Not filled.
+  Bonds     : None.
+  Salary    : $10 a day during Leg.
+
+State Auditor:
+  Duties    : Book-Keeper, Examine Accounts, Warrants,
+              Land Commissioner.
+  Term      : 4 years.
+  Vacancy   : Appointment by Governor till next Election.
+  Bonds     : $20,000
+  Salary    : $3,600 a year.
+
+State Treasurer:
+  Duties    : Act as Custodian of State Funds.
+  Term      : 2 years.
+  Vacancy   : Appointment by Governor till next Election.
+  Bonds     : $400,000
+  Salary    : $3,500 a year.
+
+Secretary of State:
+  Duties: Keep State Papers and Great Seal, Manual, Public Printing.
+  Term      : 2 years.
+  Vacancy   : Appointment by Governor till next Election.
+  Bonds     : None.
+  Salary    : $3,500 a year.
+
+Attorney General:
+  Duties: Represent State in Suits, Legal Advice to other
+          State Officers.
+  Term      : 2 years.
+  Vacancy   : Appointment by Governor till next Election.
+  Bonds     : None.
+  Salary    : $3,500 a year.
+
+
+State Supt. Pub. Inst./Public Examiner/State Librarian/Insurance
+Commissioner/State Oil Inspector/Dairy Commissioner/:
+  Created   : Except Librarian, by Statute.
+  No.       : 1
+  How Chosen: Appointed by the Governor and Confirmed by the Senate.
+  Term      : 2 years.
+  Beginning : First Monday in January.
+  Removal   : By Governor after due Examination.
+  Vacancy   : New Appointment made by Governor.
+
+State Supt. Pub. Inst.:
+  Duties    : Act as Chief Educational Officer, Secretary of
+              Educational Boards.
+  Bonds     : None.
+  Salary    : $2,500 a year.
+
+Public Examiner:
+  Duties    : Inspect Books, &c., of State and County Financial Officers.
+  Bonds     : $50,000
+  Salary    : $3,500 a year.
+
+State Librarian:
+  Duties    : Take care of State Library.
+  Bonds     : $2,000
+  Salary    : $2,000 a year.
+
+R.R. Commissioners:
+  Created   : By Statute.
+  No.       : 3
+  Duties    : Regulate Railroads and Warehouses, Appoint Grain
+              Inspectors.
+  How Chosen: Appointed by the Governor and Confirmed by the Senate.
+  Term      : 2 years.
+  Beginning : First Monday in January.
+  Removal   : By Governor after due Examination.
+  Vacancy   : New Appointment made by Governor.
+  Bonds     : $20,000 each.
+  Salary    : $3,000 each.
+
+Insurance Commissioner:
+  Duties    : Authorize Operation of Insurance Companies.
+  Bonds     : $5,000
+  Salary    : $2,000 of Fees.
+
+State Oil Inspector:
+  Duties    : Render the Use of Illuminating Oils Safe.
+  Bonds     : $5,000
+  Salary    : Fees.
+
+Dairy Commissioner:
+  Duties    : Regulate Sale of Dairy Products.
+  Bonds     : None.
+  Salary    : $1,800 and Expenses.
+
+Surveyors-General:
+  Created   : By Statute.
+  No.       : 7
+  Duties    : Scale Logs, Record Marks, Secure Laborers' Liens.
+  How Chosen: Appointed by the Governor and Confirmed by the Senate.
+  Term      : 2 years.
+  Beginning : First Monday in January.
+  Removal   : By Governor after due Examination.
+  Vacancy   : New Appointment made by Governor.
+  Bonds     : $5,000
+  Salary    : Fees.
+
+
+Administrative Boards/Boards of Trustees:
+  Created   : By Statute.
+  No.       : Varies
+  How Chosen: Appointed as Above.
+  Term      : Various.
+  Beginning : Specified in Appointment.
+  Removal   : By Governor after due Examination.
+  Vacancy   : New Appointment made by Governor.
+  Bonds     : None.
+  Salary    : None, except Sec.
+
+Administrative Boards:
+  Duties    : Immigration, Health, Fisheries, Charities, Taxes.
+
+Boards of Trustees:
+  Duties    : State Institutions, Educational, Charitable and Penal.
+
+
+Justices of Supreme Court:
+  Created   : Constitution.
+  No.       : 5
+  Duties    : Interpret Laws, Try Appealed Cases.
+  How Chosen: By People of State.
+  Term      : 6 years.
+  Beginning : First Monday in January.
+  Removal   : Impeachment and Conviction.
+  Vacancy   : Same as Auditor, etc.
+  Bonds     : None.
+  Salary    : $5,000 a year.
+
+Clerk of Supreme Court:
+  Created   : Constitution.
+  No.       : 1
+  Duties    : Keep Records of Supreme Court.
+  How Chosen: By People of State.
+  Term      : 4 years.
+  Beginning : First Monday in January.
+  Removal   : Impeachment and Conviction.
+  Vacancy   : Same as Auditor, etc.
+  Bonds     : $1,000
+  Salary    : $1,500 a year and fees.
+
+Justices of District Courts:
+  Created   : Constitution.
+  No.       : 21
+  Duties    : Establish Justice in Counties.
+  How Chosen: By People in Judicial Dist.
+  Term      : 6 years.
+  Beginning : First Monday in January.
+  Removal   : Impeachment and Conviction.
+  Vacancy   : Same as Auditor, etc.
+  Bonds     : None.
+  Salary    : $3,500 a year.
+
+
+
+
+APPENDIX C.--HOW SOME THINGS ARE DONE.
+
+
+HOW TAXES ARE LEVIED.
+
+Definitions.--Taxes may be defined as the moneys contributed by the people
+to defray the public expenses. They are spoken of as direct and indirect,
+the former being paid as taxes, the latter as part of the price of a
+commodity.
+
+Within the State.--Local and state taxes are all direct. They are meant to
+be proportioned to a person's ability to pay. In fact, however, a person's
+tax is based upon the value of his _discoverable property_. The value of
+such property is estimated by local officers called assessors. The
+estimates of these officers are reviewed by the local board, and the
+reviewed estimates are again examined and equalized by the county board.
+But assessors, local boards, and county boards are all tempted to make the
+estimates low, to reduce their share of taxation for the use of the state.
+So a final review is made by the state board of equalization. The final
+estimates being reported to the computing officer, and the various sums to
+be raised having been reported to him, he finds the _rate_ of taxation,
+computes the taxes, and turns the books over to the collecting officer.
+
+Certain classes of property are exempt from taxation. Among those usually
+exempt may be mentioned property owned by the United States, the state, or
+the municipal corporation; church property; educational and charitable
+institutions; and a certain amount of personal property. United States
+bonds cannot be taxed.
+
+By the General Government.--The sources of revenue to the general
+government are: 1, customs; 2, excises; 3, direct taxes; 4, public lands;
+5, receipts from post offices, patents, copyrights, fines, escheats, &c.
+The last two classes cannot be called taxes. As it cannot compel a state
+to collect taxes for it, the general government is practically barred, on
+account of expense, from laying direct taxes. So that it is practically
+true that national taxation is all indirect. The "customs" are duties on
+imports. The "excises," or internal revenue, consist of taxes on tobacco,
+fermented and alcoholic liquors, &c.
+
+A Difficult Problem.--Though taxes have been levied for untold centuries,
+it is still one of the unsolved problems how to levy them so as to be just
+to all. Much progress has been made, but entirely satisfactory answers
+have not yet been wrought out to the questions: What are the proper things
+to tax? For what purposes should taxes be levied?
+
+
+HOW THE GOVERNMENT BORROWS.
+
+When an individual wishes to borrow money, he looks around for some one
+who has the money to spare and who has confidence enough in him to let him
+have it. He gives his note or bond, and gets the money. Similarly the
+United States borrows. The secretary of the treasury looks for lenders in
+the money-centers of the world, consults great banking-houses, and
+sometimes advertises in newspapers.
+
+A private borrower pays for the use of the money, and similarly the debt
+of the United States is largely interest-bearing. The notes called
+"greenbacks" bear no interest, because, being legal tender, they circulate
+as money, as do also the gold and silver certificates of deposit.
+
+
+HOW NATIONAL BANKS ARE ESTABLISHED.
+
+Organization.--Associations for carrying on the business of banking may be
+formed by any number of natural persons not less than five. A signed and
+certified copy of the articles of association is forwarded to the
+comptroller of the currency; also a certificate giving the name of the
+association, its place of business, its capital, the number of shares and
+their owners.
+
+Capital.--The minimum capital required is: in cities of less than 6000
+inhabitants, $50,000; less than 50,000 inhabitants, $100,000; others,
+$200,000.
+
+Powers.--Such associations have the usual corporate and banking powers. In
+addition, they may issue their notes to circulate as currency on the
+following conditions: Upon depositing with the U. S. Treasurer registered
+bonds of the United States, to an amount not less than $30,000 nor less
+than one-third of its capital, the bank receives from the comptroller of
+the currency blank notes of face value not to exceed ninety per cent of
+the par value of the bonds. These notes, after being signed by the
+president and the cashier of the bank, may circulate as money, but are not
+legal tender for private debts.
+
+
+HOW TO OBTAIN A COPYRIGHT.
+
+[By A. R. Spofford, Librarian of Congress]
+
+Every applicant for a copyright must state distinctly the name and
+residence of the claimant, and whether right is claimed as author,
+designer, or proprietor. No affidavit or formal application is required.
+
+A printed copy of the title of the book, map, chart, dramatic or musical
+composition, engraving, cut, print, or photograph, or a description of the
+painting, drawing, chromo, statue, statuary, or model or design for a work
+of the fine arts, for which copyright is desired, must be sent by mail or
+otherwise, prepaid, addressed, "Librarian of Congress, Washington, D.C."
+This must be done before publication of the book or other article.
+
+A fee of 50 cents, for recording the title of each book or other article,
+must be inclosed with the title as above, and 50 cents in addition (or one
+dollar in all) for each certificate of copyright under seal of the
+Librarian of Congress, which will be transmitted by early mail.
+
+Within ten days after publication of each book or other article, two
+complete copies must be sent prepaid, or under free labels, furnished by
+the Librarian, to perfect the copyright, with the address, "Librarian of
+Congress, Washington, D.C."
+
+No copyright is valid unless notice is given by inserting in every copy
+published, "Entered according to the act of Congress, in the year ----, by
+----, in the office of the Librarian of Congress, at Washington," or, at
+the option of the person entering the copyright, the words "Copyright,
+18--, by ----."
+
+The law imposes a penalty of $1*0 [Transcriber's Note: Illegible] upon any
+person who has not obtained copyright who shall insert the notice "Entered
+according to act of Congress," or "Copyright," or words of the same
+import, in or upon any book or other article.
+
+Each copyright secures the exclusive right of publishing the book or
+article copyrighted for the term of twenty-eight years. Six months before
+the end of that time, the author or designer, or his widow or children,
+may secure a renewal for the further term of fourteen years, making
+forty-two years in all.
+
+Any copyright is assignable in law by any instrument of writing, but such
+assignment must be recorded in the office of the Librarian of Congress
+within sixty days from its date. The fee for this record and certificate
+is one dollar.
+
+A copy of the record (or duplicate certificate) of any copyright entry
+will be furnished, under seal, at the rate of fifty cents.
+
+Copyrights cannot be granted upon Trade-marks, nor upon Labels intended to
+be used with any article of manufacture. If protection for such prints or
+labels is desired, application must be made to the Patent Office, where
+they are registered at a fee of $6 for labels and $25 for trade-marks.
+
+Up to 1849 the secretary of state had the care of issuing copyrights. It
+was then assigned to the department of the interior, newly created. In
+1870 it was transferred to the librarian of congress.
+
+
+HOW TO OBTAIN A PATENT.
+
+1. The person desiring a patent must declare upon oath that he believes
+himself to be the inventor or discoverer of the art, machine, or
+improvement for which he solicits the patent.
+
+2. He must also give in writing a definite and minute description of it,
+accompanied by drawings to illustrate. If necessary, he must make and
+deliver to the commissioner of patents a model of his invention.
+
+To be patentable, the invention must be new, unused and unknown before,
+and useful.
+
+The invention is carefully examined by the appropriate expert at the
+patent office, and if found to be deserving a patent is issued, signed by
+the secretary of the interior, countersigned by the commissioner of
+patents, and sealed with his seal. This gives the patentee the sole right
+of manufacture and sale and use for seventeen years. The right to make,
+sell, or use the invention may be sold by the patentee. He may assign the
+patent entire, an interest in it, or the exclusive right for a certain
+specified district.
+
+
+HOW AN ALIEN BECOMES A CITIZEN.
+
+1. Declaration of Intention.--An alien, who has come to the United States
+after reaching the age of eighteen, may appear before any court of record
+in the United States having common law jurisdiction, or the clerk thereof,
+and declare upon oath that it is _bona fide_ his intention to become a
+citizen of the United States, and to renounce forever "all allegiance to
+any foreign prince, potentate, state, or sovereignty whatever," and
+particularly by name the potentate or sovereignty whereof such alien may
+at any time have been a citizen or subject. This declaration is recorded,
+and a certified copy of it is furnished by the clerk of the court to the
+person so declaring his intention. He is then said to have his "first
+papers." See page 290. 2. The Final Step.--After two years from the time
+of declaring his intention, provided that he has resided in the United
+States continuously for five years, and also at least one year within the
+state or territory wherein the court is held, he may appear in open court
+and there upon oath renounce all allegiance, as declared in his statement
+of intention, and swear to support the constitution of the United States.
+If he has borne any hereditary title, he must renounce it. He must have
+two witnesses to certify to his residence and to his moral character.
+These proceedings are recorded, and he is given a certificate of
+naturalization. See page 201.
+
+An alien arriving in the United States before reaching the age of eighteen
+and continuously residing therein until making his application for
+citizenship, provided that he has resided in the United States five years,
+may on coming of age be admitted to citizenship at once, without the
+interval between the declaration and the consummation. He must, however,
+make declaration, must prove his moral character by two witnesses, and
+must satisfy the court that for three years it has been _bona fide_ his
+intention to become a citizen of the United States.
+
+Status of Minors.--The naturalization of a man confers citizenship upon
+his wife and upon such of his children as are minors at the time. A child
+of his born in this country, either before or after his naturalization, is
+a "natural-born" citizen. This is also the case if the child is born on
+the ocean while the parents are coming to this country, provided that they
+are coming with the intention of seeking citizenship. If an alien dies
+after declaring his intention, his wife and minor children may become
+citizens upon taking the oath required.
+
+Losing Citizenship.--By treaties with Austria, Baden, Bavaria, Belgium,
+Great Britain, Germany, the Grand Duchy of Hesse, Mexico, Norway and
+Sweden, Denmark, and Wurtemberg, it is provided that "a renewal of
+domicile in the mother country, with the intent not to return (and two
+years residence is presumptive evidence of such intent), shall work
+renewal of the former allegiance."
+
+In some of the treaties it is further provided that when the subject has
+emigrated to avoid military duty, "the right to exact which was complete
+before his departure, such service may be enforced on his return in spite
+of intervening naturalization." (See also U.S. Revised Statutes of 1878,
+§§ 2165-74.)
+
+
+HOW CITIZENS ABROAD ARE PROTECTED.
+
+One of the things that makes citizenship desirable is the protection which
+it secures. This is particularly grateful when one is in a foreign
+country. What a feeling of strength and security one has when far away
+from home among strangers to know that his rights must be respected, to
+realize that behind him is the might of the nation!
+
+Passports.--A United States passport is an instrument in writing, issued
+by the secretary of state and under his seal, informing the world that the
+bearer is a citizen of the United States, that he travels under its
+protection. That passport is a means of identification for the bearer and
+secures to him all the rights and privileges guaranteed to citizens of the
+United States by treaties with the country in which he may be traveling.
+
+Passports, as a means of ingress or egress, are now required in only a few
+countries of Europe. For the convenience of citizens who may have left
+home without securing passports, arrangements have been made whereby they
+may be obtained from our representatives in foreign countries.
+
+Another kind of passport is that for American ships. Each ship-master
+obtains one before leaving for a foreign port. It tells the nationality of
+the ship, shows that she is under the protection of the United States.
+
+Consuls.--These are the business representatives of the government
+residing in foreign lands. They are "the guardians of their countrymen
+against the vexations, injuries, and injustices of the country where they
+reside; and they exercise certain police powers over all the individuals
+of their nation" within their respective consulates.
+
+The origin of consulates dates back to the time of the Crusades. They were
+instituted by the great commercial cities of the Mediterranean. The
+Pisans, Venetians, and Genoese had trading-places in various parts of
+Asia, and they secured from the princes of the countries where these
+trading-posts were located the right to have judges or arbitrators of
+their own nation located at each of these posts who were privileged to
+settle disputes between citizens of these cities in accordance with their
+own laws. At first, then, the consuls were only arbitrators in commercial
+matters. But their prerogatives have increased until now they are
+intrusted with the protection of merchants of their country in their
+relations with the countries to which they come to trade.
+
+In some countries, such as China, Japan, Siam, and Turkey, our consuls are
+by treaty invested with judicial powers. They try and punish American
+citizens for crimes committed there.
+
+Incidentally it is the duty of a consul to provide for sick, disabled or
+destitute American seamen, and to send them home to the United States; to
+receive and take care of the personal property of any American citizen who
+dies within his consulate, and to forward to the secretary of state the
+balance remaining after the necessary funeral expenses, to be held in
+trust for the heirs. (See also page 350.)
+
+Some of the consular reports contain very valuable information regarding
+the products and industries of the countries where they are located. These
+reports can sometimes be obtained in limited numbers through a member of
+congress.
+
+
+HOW WE ARE PROTECTED AT HOME.
+
+Life.--Our lives are protected very carefully, not only against crime, but
+also against accident. Taking human life is made the worst crime and
+suffers the severest punishment. Death-dealing weapons, such as revolvers
+and dirks, cannot lawfully be carried concealed. Poisons are cautiously
+sold, and usually a record is made of the sale. If death results from
+accident the person to blame is held responsible. But every precaution is
+taken to prevent accidents. Lamps are provided for streets; fast driving
+is prohibited; horses are not allowed to be left standing unhitched;
+business dangerous to life, such as powder-making, must be carried on at a
+distance from residences; railroads are required to stop trains at
+crossings, to ring a bell in going through a town, to carry axes and
+buckets to be used in case of fire; steamboats must be inspected, and must
+be supplied with life-boats, life-preservers, and other appliances.
+
+Health.--To protect our health precautions are taken against the outbreak
+of preventable diseases, such as diphtheria, typhoid fever, etc., by
+requiring cleanliness in yards and alleys; and against small pox by
+requiring vaccination. The government also supports hospitals for the care
+of the sick.
+
+Reputation.--To secure to each person as good a reputation as his
+character will warrant it is made a crime to make false and malicious
+statements about any one. If spoken, the malicious statement is called
+slander; if written or printed, it is called libel. The essential elements
+of these crimes are malice and injury. If a false statement is made
+without intent to injure, it is not slander. And a true statement injuring
+another must not be made except for a proper purpose.
+
+Liberty.--This includes all those rights guaranteed in the Bills of Rights
+of the several constitutions, and the right to come and go without
+restraint, the right to choose a vocation and to change it, and other
+rights. To appreciate the protection received in this direction, the
+student should read up the history of each of the guarantees, and of
+caste, curfew, passports, etc.
+
+Property.--"The right of private property covers the acquiring, using, and
+disposing of anything that a person may call his own, including time and
+labor." A person's property rights may be interfered with in so many ways
+that many laws are necessary to protect him. A brief outline of commercial
+law is given elsewhere.
+
+
+HOW ELECTIONS ARE CONDUCTED.
+
+Electors.--The voters of each state are designated by the constitution
+thereof. See page 298.
+
+Time.--The time of elections is usually also a matter of constitutional
+provision. The local (town, village, and city) elections are, in most if
+not all of the states, held in the spring; probably because the public
+improvements contemplated are to be made chiefly in the summer. The
+general elections are held in the fall. This may be partly at least, in
+order that the official year may begin with the calendar year.
+
+Place.--Towns, villages, and city wards are the usual election precincts,
+but any of these may be divided if necessary. The location of the
+polling-place is determined by the convenience of the voters.
+
+Supervision.--Each polling-place is in charge of supervisors of election,
+usually three. In towns and villages, the regular trustees supervise the
+elections. In cities, three persons for each precinct are appointed to act
+by the council or by the mayor. The supervisors are assisted by one or two
+clerks.
+
+Registration.--To prevent fraud, it is required that a person shall have
+been a resident of the precinct in which he offers to vote for at least
+ten days. In the cities, where population fluctuates greatly, it has been
+found necessary to require voters to register before the day of election;
+that is, to enroll their names and places of residence with the officers
+of election.
+
+Notices.--Due notice of the times and places of registration and election
+is given, at least ten days in advance.
+
+Voting.--This is by ballot, the two chief reasons being, (_a_) to permit
+the voter to express his choice uninfluenced by any one else; (_b_) to
+facilitate the voting.
+
+The voter hands to the chairman of the supervisors his ballot, folded so
+as to conceal the names. After ascertaining from the other supervisors
+that the name of the person offering the vote is registered, or being
+satisfied in some other way that he is entitled to vote, the chairman, in
+the presence of the voter, deposits the ballot in the box. The voter's
+name is then checked on the register, and enrolled by the clerks on the
+"list of persons who have voted."
+
+Counting.--Each name as it is written by the clerks is numbered, and the
+supervisors in checking the register do so by writing the number of the
+vote. At the close of the polls, therefore, the number of persons who have
+voted is known. The ballots are then turned out of the box upon a table,
+and, without being unfolded, are carefully counted, to see whether they
+correspond in number with the records. If, as once in a while happens, it
+is found that there are too many ballots, those in excess are drawn
+hap-hazard from the pile by the supervisors and destroyed. The ballots are
+then unfolded, and the count of the persons voted for is carefully made
+and recorded. These proceedings are all open to the public.
+
+Reporting.--In local elections, the result of the vote is read by a clerk
+to those present. An abstract of the vote is filed in the office of the
+clerk of the corporation, and a list of the persons elected is sent to the
+auditor (clerk) of the county. The names of the justices of the peace and
+the constables are reported to the clerk of the court.
+
+In general elections, the abstract of the vote is sent to the county
+auditor. He makes a general abstract of the vote of the county on state
+officers, members of congress, and presidential electors, and sends it to
+the state auditor. He also sends to the same officer a list of the persons
+elected to county offices. An abstract of the vote is published in one or
+more of the county papers.
+
+Canvassing Boards.--The persons composing these boards are designated by
+statute. The secretary of the organization is always a member. He is
+usually assisted by two or more judicial officers.
+
+Certificates of Election.--These are furnished to officers-elect by the
+secretary of the organization. Certificates of members of congress and
+presidential electors are signed by the governor and the secretary of
+state, and are authenticated by the state seal.
+
+Defects.--With all the thought that has been given to the subject, it is
+still an unsolved problem how to secure "a free vote and a fair count." Of
+the two purposes given above to be subserved by the use of the ballot
+rather than by _viva voce_ voting, the first is too commonly not realized.
+Perhaps the greatest danger to our government is bribery or overawing of
+the voter.
+
+A remedy suggested.--The main reliance for the purity of the ballot must
+of course be the intelligence and uprightness of the people, and he who
+enlightens and uplifts one or more individuals is to that extent truly a
+patriot.
+
+The second reliance is the removal of temptation. There may be "honor
+among thieves," but wrong doing makes a person suspicious, and if the
+briber cannot see the bribed deposit his ballot he has no good reason for
+believing that he did as directed.
+
+In Australia they have a plan which seems to obviate bribery, and to have
+certain other incidental advantages. The plan includes two main features:
+1. The printing of ballots at state expense, the ballots to contain all
+the nominees of all the parties and appropriate blank spaces for the
+insertion of other names; 2. The secret preparation of the ballot by the
+voter and his casting it in the presence of the officers only. The
+operation of the plan slightly modified, as now proposed in Massachusetts,
+is briefly this: In the polling room as now, is the ballot-box; this none
+but those in the act of voting and the officers are allowed to approach.
+As the voters enter the enclosed area a stile numbers them, and an officer
+hands each a ballot, containing the names of all nominees. The voter takes
+this into a booth, and makes a cross in ink opposite the name of each
+person that he wishes to vote for. Having thus prepared his ballot alone,
+he deposits it in the usual way.
+
+The advantages promised by this plan are obvious. The printing of the
+ballots at state expense would do away with one of the pretexts for
+bleeding a candidate for "legitimate expenses." It would take their
+occupation from the ticket-peddlers, and do away with the deceiving
+"pasters." The electors would be freed from the nuisance of personal
+solicitation or dictation. The polling-places would be quieter and more
+orderly. Best of all, it would greatly minify the evils of bribery for
+reasons given above.
+
+The principle is certainly a good one, and the machinery is worthy of the
+careful consideration of our legislators.
+
+Later: This system is now used in several states.
+
+
+WHY AND HOW NOMINATIONS ARE MADE.
+
+A political party may be defined as a number of persons holding similar
+views in relation to one or more questions of public policy, and who
+through unity of action seek to have these views prevail.
+
+The great instrument for securing unity is the convention. It may be a
+mass meeting, or, as is more usual among the large and well-organized
+parties, a convention of delegates. In either case it is, be it
+remembered, not a part of the elective machinery designed by the
+legislature, but a political device to increase the chances of victory
+through unity of purpose and action.
+
+Party organization consists of "committees"--town, village, city-ward,
+county, state, and national. The local committees are chosen by the
+resident partisans; the county committees by the county conventions; the
+state committees by state conventions; and the national committee,
+consisting usually of one member from each state, by the delegates of the
+respective states to the national convention. Each committee chooses its
+own chairman and secretary. Besides those mentioned, there are district
+committees, such as congressional-district committees, senate-district
+committees, etc., whose members are appointed in a manner similar to that
+given above. The term of a member is, as might be expected, from the close
+of one regular convention to the close of the succeeding one.  Thus a town
+committeeman's term is one year, while that of a national committeeman is
+four years.
+
+The mode of nominating a candidate for the presidency of the United States
+will illustrate the way of making nominations in general.
+
+1. By long-established practice, each state is entitled to twice as many
+delegates to the national convention as the number of its presidential
+electors, and each territory to two delegates. Thus, Minnesota being
+entitled to nine electors, may send eighteen delegates: and New York,
+having thirty-six electors, is entitled to seventy-two delegates. Each
+delegate has an alternate, who acts in the delegate's absence.
+
+2. Though the popular election does not take place until November, the
+national conventions are usually held in June or July. This is probably to
+allow plenty of time for the campaign.
+
+3. To allow the machinery time to grind out the delegates, the national
+committee, having early determined upon the time and place for holding the
+convention, issues its "call" some months in advance, say in February or
+March. This is published in the newspapers throughout the country.
+
+4. The next step in the process is the issuance of calls by the several
+state committees. These are issued as soon as practicable after that of
+the national committee, and usually appoint the state convention for the
+latter part of May.
+
+5. In some states all of the delegates to the national convention are
+chosen by the state convention. But the number of states is increasing,
+and properly so, in which each congressional district chooses its own two
+delegates, leaving only the four "delegates at large" to be chosen by the
+state convention. In these states, the next step is the call of the
+district committee for a convention slightly antedating that of the state.
+
+6. As soon as practicable after the district call is announced, the
+several county committees issue their call for county conventions, to be
+held shortly before the district convention.
+
+7. Lastly, the local committees issue their calls, usually giving a week
+or ten days' notice. The local convention is called a "caucus."
+
+8. Then in succession the local, county, district, state, and national
+conventions are held. The caucuses send representatives to the county
+conventions, which in turn choose the deputations to the district and
+state conventions, and these finally select the delegates to the national
+convention. An equal number of "alternates" are chosen at the same time.
+The state convention also names the presidential electors to be supported
+by the party.
+
+Thus the national convention is the first to be called and the last to be
+held, while the caucuses are the last to be called and the first to be
+held. The caucuses are the real battling-place for the people.
+
+The delegates from each convention receive certificates of election signed
+by the chairman and secretary thereof. These "credentials" are given to
+prevent fraud, and constitute the delegates' title to seats in the
+convention to which they are sent.
+
+The first step taken in the national convention, after securing a
+"temporary organization," is the appointment of a committee on credentials
+and another on permanent organization, by the temporary chairman. When the
+former committee reports, it is known who are entitled to participate in
+the proceedings; and when the latter committee reports, the convention
+almost invariably adopts the report and thereby perfects its organization.
+A committee on rules and one on platform are then appointed.
+
+The states are then called in alphabetical order, and each one that cares
+to, presents to the convention the name of her "favorite son." Thus in the
+republican convention of 1860, when Illinois was called, the name of
+Abraham Lincoln was presented; and when New York was called, the name of
+William H. Seward was presented, and so on.
+
+When the "roll of the states" is completed, the balloting begins. In the
+republican convention, nomination is by majority vote; in the democratic,
+it takes a two-thirds vote to nominate.
+
+The vice-president is then nominated in a similar manner.
+
+After adopting a platform the convention adjourns.
+
+
+HOW CONGRESS IS ORGANIZED. [Footnote: See also Among the Lawmakers,
+chapter III. ]
+
+Though the senate is quite a permanent body, two-thirds of its members
+holding over from one congress to another, its committees are reorganized
+at the beginning of each congress.
+
+The terms of all members of the house of representatives expire March 4 of
+the odd-numbered years, and, though many of the old members are
+re-elected, the house must be reorganized at the beginning of each
+congress. The mode of organizing the house is briefly as follows:
+
+1. At the first session, the house is called to order by the clerk of the
+preceding house, who then calls the roll of members-elect [Footnote: The
+members-elect have previously sent him their certificates of election,
+received from the state canvassing board.] by states. If a quorum is found
+to be present, the clerk declares it to be in order to proceed to the
+election of a speaker. The vote is _viva voce_ on the call of the roll,
+each member when his name is called pronouncing the name of his choice for
+speaker. Election is by majority of the votes given. The result is
+declared by the clerk, who "then designates two members (usually of
+different politics, and from the number of those voted for as speaker) to
+conduct the speaker-elect to the chair; and also one member (usually that
+one who has been longest in continuous service a member of the house) to
+administer to him the oath required by the constitution." [Footnote:
+Manual of the House of Representatives.]
+
+The speaker then administers the oath to the members, in groups of about
+forty, all standing in line before the speaker's desk.
+
+3. The organization is completed by the election of a clerk, a
+sergeant-at-arms; a doorkeeper, a postmaster, and a chaplain. The vote is
+_viva voce_, and the term is "until their successors are chosen and
+qualified"--usually about two years, though all are subject to removal at
+the will of the house.
+
+The delegates from the territories are then sworn in.
+
+"At this stage it is usual for the house to adopt an order that a message
+be sent to the senate to inform that body that a quorum of the house of
+representatives has assembled, and that --------, one of the
+representatives from the state of ----, has been elected speaker, and -----
+---, a citizen of the state of ---, has been chosen clerk, and that the
+house is now ready to proceed to business." [Footnote: Manual of the House
+of Representatives.]
+
+Each house then orders a committee of three members to be appointed, the
+joint committee "to wait upon the president of the United States and
+inform him that a quorum of the two houses has assembled, and that
+congress is ready to receive any communication he may be pleased to make."
+[Footnote: Manual of the House of Representatives.] It is in order then
+for the president to forward his message to congress.
+
+The above are the _usual_ proceedings, and they generally occur on the
+first day of the session.
+
+The seating of the members is by lot, except in the case of certain
+members privileged by very long experience or otherwise, who are by
+courtesy permitted to make the first selection. Each member is numbered,
+and corresponding numbers are placed in a box "and thoroughly
+intermingled." Then the numbers are drawn from the box successively by a
+page, the member whose number is drawn first having first choice of seat,
+and so on. This may be done while the committees are waiting on the
+president, as above described.
+
+
+HOW CONTESTED ELECTIONS ARE SETTLED.
+
+"Each house shall be the judge of the elections, returns, and
+qualifications of its own members."--Constitution, I., 5, 5.
+
+A contested election resembles very much in its mode of settlement the
+trial of a civil suit.
+
+1. Within thirty days after the result of the election is made known, the
+contestant must serve upon the person declared elected by the canvassing
+board a notice of intention to contest his seat, and the grounds therefor.
+
+2. Within thirty days of receiving said notice, the member-elect must
+answer it, stating specifically the grounds of his defense, and must serve
+a copy of this answer upon the contestant.
+
+3. Ninety days are then allowed for the taking of testimony--the first
+forty to the contestant, the second forty to the member-elect, and the
+remaining ten to the contestant for testimony in rebuttal.
+
+Testimony may be taken before any United States, state or municipal judge,
+notary public, or by two justices of the peace. The opposite party must
+have due notice of the times and places of taking the evidence; but
+testimony may be taken at several places at the same time. The witnesses
+are summoned by subpoena served in the usual way. The examination of the
+witnesses is by the officer issuing the subpoena, but either party may
+propose questions. The questions and answers are committed to writing, and
+authenticated.
+
+All the papers in each case, certified, carefully sealed, and the
+envelopes indorsed with name of the case, are sent by mail to Washington,
+addressed to the clerk of the house in which is the contested seat.
+
+The matter is referred to the committee on elections. [Footnote: This is
+the oldest of all the committees, having been established at the beginning
+of the first congress.] This committee having carefully considered the
+matter may bring in its report at any time, this being what is known as a
+"privileged question." The decision is by majority vote of the house
+interested.
+
+In the meantime the person who has obtained the certificate of election
+from the state canvassing board is presumed to have been elected, and is
+treated accordingly.
+
+In order that lack of means may not compel a man to submit to a wrong, and
+that the real will of the congressional district as expressed in the
+election may be ascertained, the contestant may be allowed not to exceed
+two thousand dollars for expenses.
+
+
+HOW AN IMPEACHMENT CASE IS CONDUCTED.
+
+"The house of representatives ... shall have the sole power of
+impeachment."--Constitution I. 2: 9.
+
+"The senate shall have the sole power to try all impeachments.'--Ib., I. 3:
+6.
+
+"The president, vice-president, and all civil officers of the United
+States, shall be removed from office on impeachment for, and conviction
+of, treason, bribery, or other high crimes and misdemeanors."--Ib., II. 4:
+17.
+
+The house, having resolved that a certain civil officer be impeached,
+orders that a committee be appointed to notify the senate of the fact; and
+to state that "the house of representatives will, in due time, exhibit
+particular articles of impeachment against him, and make good the same;"
+and to demand that the senate prepare to try the impeachment.
+
+The house then, on motion, appoints a committee (usually of five members)
+to prepare carefully the articles of impeachment. [Footnote: This
+corresponds to the indictment of a grand jury.] The report of this
+committee, having been considered in committee of the whole, is reported
+to the house, with such amendments as seem necessary. If the report is
+agreed to by the house, a committee of five "managers" is appointed to
+conduct the impeachment on the part of the house.
+
+The senate is then notified by the clerk of the house, that the managers,
+naming them, have been appointed, and that the articles of impeachment are
+ready to be exhibited.
+
+The senate having appointed the time when it would resolve itself into a
+court of impeachment notifies the house. At the appointed time the
+managers carry the articles to the senate, and on their return report to
+the house.
+
+The senate then issues a summons to the defendant, ordering him to file
+his answer with the secretary of the senate by a certain day.
+
+On the day appointed, the house, having resolved itself into committee of
+the whole, attends the trial in the senate chamber. The next day the house
+attends similarly, if a reply is to be made to the defendant's answer.
+During the taking of the testimony only the managers attend, the house
+devoting itself to its regular business. When the case is ready for
+argument, the house attends daily, as committee of the whole.
+
+The report of the final action of the senate is made to the house by the
+chairman of the committee of the whole.
+
+In an impeachment trial the senate is both judge and jury. But, for
+convenience, the functions of judge are usually performed by the president
+of the court of impeachment; and a senator may be called upon to testify.
+
+The secretary of the senate corresponds to the clerk of the court, and the
+sergeant-at-arms corresponds to the sheriff in an ordinary court.
+
+"On the final question whether the impeachment is sustained, the yeas and
+nays shall be taken on each article of impeachment separately; and if the
+impeachment shall not, upon any of the articles presented, be sustained by
+the votes of two-thirds of the members present, a judgment of acquittal
+shall be entered; but if the person accused in such articles of
+impeachment shall be convicted upon any of said articles by the votes of
+two-thirds of the members present, the senate shall proceed to pronounce
+judgment, and a certified copy of such judgment shall be deposited in the
+office of the secretary of state." [Footnote: Manual of the United States
+Senate.] Only seven cases of impeachment before the U.S. senate have
+occurred. To save space they are shown in tabular form:
+
+Time Name.           Office.           Charge.         Result.
+1798 William Blount. U.S. Senator     Intrigues with   Case dismissed;
+                      from Tennessee.  Indians.         not an
+                                                        "officer"
+
+1803 John Pickering. U.S. district     Intemperance    Removed from
+                      judge, N.H.       and malfeasance office.[1]
+                                        in office.
+
+1804 Samuel Chase.    Associate Just.   Partiality and  Acquitted.[1]
+                      U.S. Sup. Ct.      injustice.
+
+1830 James Peck.      U.S. district     Abuse of power. Acquitted.
+                       judge, Mo.
+
+1860 West W.          U.S. district     Treason in      Removed and
+      Humphreys        judge, Tenn.      advocating and  disqualified.
+                                         aiding secession.
+
+1868 Andrew Johnson.  President of the  Violation of    Acquitted by
+                       United States.    Tenure of       one vote.
+                                         Office act and
+                                         other crimes.
+
+1876 William W.        Sec'y of war.     Malfeasance in Acquitted.
+      Belknap.                            office and
+                                          accepting
+                                          bribes.
+
+[Footnote 1: See Thomas Jefferson, American Statesmen Series, pp. 259-63.]
+
+
+HOW UNITED STATES SENATORS ARE ELECTED.
+
+"The senate of the United States shall be composed of two senators from
+each state, chosen by the legislature thereof."--Constitution, I. 3: 1.
+
+The time of this election is the second Tuesday after the meeting and
+organization of the legislature. If a vacancy occurs in the senate during
+the session of the legislature, the election occurs on the second Tuesday
+after notice of the vacancy is received by the legislature.
+
+On the day appointed, the roll of each house being called, each member
+responds by naming one person for the senatorship. The result of the vote
+is entered on the journal of each house by the clerk thereof.
+
+The next day at noon, the members of both houses convene in joint
+assembly, and the journal of each house is read. If the same person has
+received a majority of all the votes in each house, he is declared
+elected.
+
+But if no person has received such majority, the joint assembly proceeds
+to choose, by _viva voce_ vote of each member present, a person for
+senator. A quorum consists of a majority of each house, and a majority of
+those present and voting is necessary to a choice.
+
+If no one receives such majority on the first day, the joint assembly
+meets daily at noon, and takes at least one vote, until a senator is
+elected.
+
+A certificate of election is made out by the governor, countersigned and
+authenticated under seal of the state by the secretary of state, and
+forwarded to the president of the senate of the United States.
+
+
+HOW THE ELECTORAL VOTE IS COUNTED.
+
+"The president of the senate shall, in the presence of the senate and
+house of representatives, open all the certificates, and the vote shall
+then be counted."--Constitution, Amendment XII.
+
+The constitution gives no directions as to the manner of counting. No
+trouble was experienced, however, until the Hayes-Tilden election. The
+result of this election depended upon the votes of three states, each of
+which sent in two conflicting sets of certificates. There being no legal
+provision for the settlement of such disputes, the famous electoral
+commission was created to determine which certificates should be counted.
+It consisted of five senators, five representatives, and five justices of
+the supreme court.
+
+The gravity of the danger thus revealed made it obviously necessary that
+some general plan be devised whereby such disputes might be obviated.
+Though consideration of the subject began at once, and various measures
+were from time to time proposed, no satisfactory solution was presented
+until February 3, 1887, when the Electoral Count Bill was passed and
+received the signature of the president.
+
+An outline of the bill is here given, the principal provisions being the
+second and sixth as here numbered.
+
+1. The electors shall meet and vote on the second Monday in January
+following their election. [Footnote: The time of meeting had been the
+first Wednesday in December. The change was made to give time for the
+settlement of any disputes, as provided in the second section.]
+
+2. If there be any disputes as to the choice of the electors, they are to
+be settled in the respective states in the way that each state shall
+determine, provided that the laws governing the matter shall have been
+passed before the election, and that disputes shall have been settled at
+least six days before the time fixed for the meeting of the electors. A
+report of the contest and its mode of settlement shall be made by the
+governor, and forwarded under seal to the secretary of state of the United
+States.
+
+3. As soon as practicable after it shall have been ascertained who have
+been chosen electors, the executive of the state shall transmit under the
+seal of the state to the secretary of state of the United States the names
+of the electors, with an abstract of the popular vote for each candidate
+for elector. The executive shall also deliver to the electors, on or
+before the day of meeting, three copies of said certificate, one of which
+the electors shall enclose with each "list of persons voted for as
+president and vice-president."
+
+4. As soon as practicable after receiving the certificates as aforesaid,
+the secretary of state shall publish them in full in such newspaper as he
+shall designate; and at the first meeting of congress thereafter he shall
+transmit to each house a copy in full of each certificate received.
+
+5. The counting of the vote will take place, as heretofore, on the second
+Wednesday in February following the meeting of the electors. At one
+o'clock in the afternoon the senate and house of representatives meet in
+the hall of the house of representatives, and the president of the senate
+takes the chair.
+
+"Two tellers shall be previously appointed on the part of the senate and
+two on the part of the house of representatives, to whom shall be handed,
+as they are opened by the president of the senate, all the certificates
+and papers purporting to be certificates of the electoral votes, which
+certificates and papers shall be opened, presented, and acted upon in the
+alphabetical order of the states, beginning with the letter A; and said
+tellers, having then read the same in the presence and hearing of the two
+houses, shall make a list of the votes as they shall appear from the said
+certificates; and the votes having been ascertained and counted in the
+manner and according to the rules in this act provided the result of the
+same shall be delivered to the president of the senate, who shall
+thereupon announce the state of the vote, which announcement shall be
+deemed a sufficient declaration of the persons, if any, elected president
+and vice-president of the United States, and, together with a list of the
+votes, be entered on the journals of the two houses."
+
+6. Upon the reading of each certificate the president of the senate asks
+whether there be any objections to it. Objection must be made in writing,
+and must "state clearly and concisely, and without argument, the ground
+thereof." To entitle it to consideration, the objection must be signed by
+at least one senator and one representative.
+
+When all the objections to any paper have been received and read, the
+senate withdraws, and the two houses proceed separately to consider them.
+
+If from any state but one set of electors are certified, and the
+certification has been done as prescribed in section three, the
+certificate cannot be rejected. But if not properly certified, the two
+houses acting concurrently "may reject the vote or votes when they agree
+that such vote or votes have not been so regularly given by those whose
+appointment has been so certified."
+
+If more than one return has been received from any state, those votes only
+shall be counted which have been determined as provided in section two.
+
+If two or more returns appear, each certified by authorities claiming to
+be the lawful tribunal of the state, the vote shall be counted which the
+two houses, acting separately, "concurrently decide is supported by the
+decision of such state so authorized by its laws."
+
+If more than one return comes in from any state, no determination such as
+is prescribed in section two having been made, the two houses concurrently
+decide which, if any, of the votes shall be counted. If in such a case the
+houses disagree, the votes of those electors shall be counted whose
+appointment shall have been certified by the executive of the state.
+
+When the case in question has been disposed of, the joint session is
+resumed and the counting continued.
+
+7. In the joint meeting, the president of the senate has authority to
+preserve order. No debate is allowed, and no question can be put, "except
+to either house on a motion to withdraw."
+
+8. When discussing an objection, in separate session, no member can speak
+more than once, and then for not longer than five minutes. The entire time
+for discussion is limited to two hours.
+
+9. Provision is made for the seating of every one entitled to a seat on
+the floor of the house; and the act declares that "such joint meeting
+shall not be dissolved until the count of electoral votes shall be
+completed and the result declared."
+
+Some time after the passage of the law, it was discovered that a strange
+omission had been made. By the old law, the electors in each state were
+required to appoint a messenger to take one of the certificates of votes
+cast, and deliver it to the president of the senate on or before the
+_first Wednesday_ in January. By the new law the electors do not meet
+until the _second Monday_ in January. The inconsitency was remedied,
+however, by a supplementary act, providing that certificates shall be
+forwarded "as soon as possible," and authorizing the president of the
+senate to send for missing certificates on the fourth Monday in January.
+
+
+HOW FUGITIVES FROM JUSTICE ARE EXTRADITED.
+
+Extradition is "the delivering up to justice of fugitive criminals by the
+authorities of one state or country to those of another." [Footnote:
+Lalor's Cyclopedia of Political Science.]
+
+The duty of extradition between the states of this republic is imposed by
+the federal constitution, IV. 2; and the mode of procedure is prescribed
+by an act of congress passed in 1793. The term "other crimes" used in the
+constitution is generally interpreted "so as to include any offense
+against the laws of the state or territory making the demand." On the
+question whether the executive upon whom demand is made is bound to
+comply, the federal courts have decided that his duty in the matter is
+imperative; that he must deliver up the fugitive, unless the accused shall
+also be under prosecution for breach of the laws of the state to which he
+has fled.
+
+The procedure is this: "The accused must be indicted in the state in which
+the crime was committed, or a charge must be brought against him before a
+magistrate, who, if satisfied that the charge is true, issues a warrant
+for the arrest of the criminal. A copy of the indictment or affidavit is
+forwarded to the executive of the state, and he issues to the executive of
+the state to which the fugitive has gone, a requisition for his surrender.
+If the executive upon whom the requisition is made is satisfied that the
+papers are regular and the proof of the crime sufficient," he issues a
+warrant "for the arrest and delivery of the accused to the agent of the
+state making the demand."
+
+The expense of these proceedings is borne by the state making the demand.
+
+Between nations extradition is regarded as a matter of comity, and is
+based upon special treaty. "In this country, power to make such a
+surrender is conferred upon the executive [Footnote: This of course means
+the president, as states cannot treat with foreign powers.] only where the
+United States are bound by treaty, and have a reciprocal right to claim
+similar surrender from the other power." In relation to the crimes for
+which extradition may be demanded, it may be said in general that they are
+specified in the treaty, and are such offenses as are recognized as crimes
+by both countries. Consequently no two treaties are exactly alike.
+Generally only things wrong in themselves, not things wrong by local
+prohibition, are included. Offenses merely political are not included; and
+"as opinions differ in different countries on what constitutes a political
+crime, the surrendering nation is very properly made the judge of this
+question."
+
+As a corollary to the preceding, it is a well-established rule of
+international law, that the surrendered party can be tried only on the
+allegations for which extradition has been accorded. This principle is
+also generally recognized among the states.
+
+
+HOW A COURT MARTIAL IS CONDUCTED.
+
+A court martial is "a court consisting of military or naval officers, for
+the trial of offenses against military or naval laws."
+
+Courts martial are of three classes, general, garrison, and regimental.
+General courts martial consists of from five to thirteen officers,
+appointed by a general or by the president. Garrison and regimental courts
+martial consist of three officers appointed respectively by the garrison
+and the regimental commanders. Only general courts martial have
+jurisdiction of capital offenses.
+
+There are two marked characteristics of courts martial. First, the accused
+is tried, not as in a civil court by his peers, but by his superiors.
+Second, there is no distinction between judge and jury; the officers
+comprising the court act in both capacities--they determine the fact and
+apply the law. Sentence is by majority vote, except that to pronounce
+sentence of death a two-thirds vote is necessary.
+
+For convenience, one of the officers is designated to act as president by
+the order convening the court. As prosecutor in the case, and also as the
+_responsible_ adviser of the court, a judge-advocate is appointed, usually
+by the same order. The accused is entitled to counsel; but if he is unable
+to obtain any, the judge-advocate "must insist upon all rights belonging
+to the accused under the law and the evidence."
+
+The "findings" of a court martial must in each case be transmitted to the
+convening authority and by it be approved, before being carried into
+execution. "In time of peace, no sentence of a court martial involving
+loss of life or the dismissal of a commissioned officer, and either in
+time of peace or war no sentence against a general officer, can be carried
+into effect without approval by the president of the United States."
+
+The jurisdiction of courts martial extend only over offenses committed by
+persons enlisted in the military or the naval service of the country.
+
+
+WHY AND HOW TERRITORIES ARE ORGANIZED.
+
+The organization of territories in the United States is for two purposes:
+to provide good government while population is sparse, and to encourage
+their development into self-governing commonwealths, and their
+incorporation into the federal system as rapidly as possible. (See page
+217.)
+
+Territories are organized by congress. In the organic act the boundaries
+of the territory are defined, and a system of government is established.
+"The governor and the administrative and judicial officers are appointed
+by the president, but a territorial legislature is entrusted with limited
+powers, subject to the approval of congress."
+
+Each of the several territories may elect one delegate to a seat in the
+United States Congress. The delegate may speak on subjects in which his
+territory is interested, but he cannot vote.
+
+WHY AND HOW THE PUBLIC LANDS ARE SURVEYED.
+
+The public lands are not meant to be held forever by the general
+government. They are designed to be owned and occupied by American
+citizens. To divide the land into pieces and thus to facilitate the
+description and the location of any piece, is the principal purpose of the
+survey. Incidentally the portions six miles square serve as bases for the
+political divisions called towns, and this was part of the original plan.
+
+The "old thirteen" and Maine, Vermont, Kentucky, Tennessee, and West
+Virginia were surveyed in a very irregular way. Lands were described as
+bounded by lines running from stumps to stones, thence to a creek and down
+the main channel thereof. In 1785, a committee of the continental congress
+was appointed, with Thomas Jefferson as chairman, to devise a simple and
+uniform mode of surveying the public lands in what was about to be
+organized as the Northwest Territory.
+
+The most noticeable peculiarity of the system is that it is rectangular. A
+prime meridian is first determined, then a baseline crossing it at right
+angles. Then from points on the baseline six miles and multiples thereof
+from the meridian, lines are run due north. And parallels to the base-line
+are run at distances of six miles. The approximate squares thus formed are
+called townships. The rows of townships running north and south are called
+ranges. Townships are numbered north and south from the base-line; ranges
+east and west from the meridian. The diagram on page 341 illustrates the
+system.
+
+Since meridians all terminate at the poles, the lines between ranges,
+being meridians, gradually approach each other as they go northward. The
+lines, then, soon become so much less than six miles apart that a new
+beginning has to be made. The parallel upon which this correction is made
+is naturally called the correction line. Corrections were at first made
+every thirty-six miles, but they are now made every twenty-four miles.
+
+The first prime meridian starts at the mouth of the Great Miami and forms
+the western boundary of Ohio. The second prime meridian begins at the
+mouth of Little Blue Creek, in Indiana. The third, at the mouth of the
+Ohio; the fourth at the mouth of the Illinois; and the fifth at the mouth
+of the Arkansas. [Illustration: RANGES AND TOWNSHIPS] [Illustration: The
+numbering of sections in a township.] [Illustration: Divisions of a
+section.] The first prime meridian has several base-lines. The base-line
+of the second meridian crosses it about twenty-four miles north of its
+point of beginning, and the base-line of the third is a continuation of
+that of the second. The principal base-line of the fourth meridian
+coincides with the southern boundary of Wisconsin. It has also a short
+base-line about six miles north of Quincy, Ills. The base-line of the
+fifth meridian is just south of Little Rock, Ark.
+
+From the first meridian most of Ohio is surveyed; from the second, Indiana
+and the eastern twenty-four miles of Illinois; from the third, the rest of
+Illinois, except a small portion north of Quincy; from the fourth, the
+portion of Illinois just referred to, all of Wisconsin, and that part of
+Minnesota east of the Mississippi; from the fifth, Arkansas, Missouri,
+Iowa, Minnesota west of the Mississippi, and the Dakotas east of the
+Missouri.
+
+The sixth coincides with meridian 97° 22', west of Greenwich. From it are
+surveyed Kansas, Nebraska, Dakota south and west of the Missouri, Wyoming,
+and all of Colorado except the valley of the Rio Grande del Norte.
+
+Michigan, Florida, Alabama, Mississippi, and the states and territories in
+the far west are surveyed from special meridians.
+
+
+HOW TO SECURE PUBLIC LANDS.
+
+As a general rule, only surveyed lands are subject to entry. Under the
+mineral land laws, however, claims can be located upon unsurveyed lands.
+
+The public lands are divided as to price into two classes: those whose
+minimum price is $1.25 per acre and those whose minimum is $2.50 per acre.
+The latter, usually called "double minimum lands," are in most cases the
+alternate sections reserved in railroad or other public land grants. In
+some cases Indian reservations restored to the public domain have been
+rated differently, the price varying from below the single minimum to
+above the double minimum.
+
+The remaining public lands are subject to entry under the homestead law,
+the desert land law, and the timber and stone act; by the location of
+scrip; and as town-site entries. Mineral lands are subject to entry only
+under the mining laws; and special laws provide for the disposal of coal
+lands and lands containing petroleum. Any person who is the head of a
+family or is over twenty-one years old, and who is a citizen of the United
+States, or has declared his or her intention to become such, may enter 160
+acres of land without cost, except the land-office fees provided by law,
+inhabiting, cultivating, and making actual residence thereon for the
+period of five years; or such a settler may at the expiration of fourteen
+months from date of settlement commute the entry by paying the government
+price for the land.
+
+No part of the public domain is now (since 1889) subject to private cash
+entry, except in the state of Missouri and in cases where Congress has
+made special provision therefor. The preemption and timber culture laws
+were repealed in 1891. It has also been provided that no public lands of
+the United States shall be sold by public sale, except abandoned military
+reservations of less than 5,000 acres, mineral lands and other lands of a
+special nature, and isolated tracts that have been subject to homestead
+entry for three years after the surrounding land has been disposed of.
+
+
+HOW SLAVERY WAS ABOLISHED IN THE SEVERAL STATES.
+
+The slave _trade_ was prohibited by congress in 1808. From that time on it
+was a felony to bring slaves into the United States.
+
+Slavery never legally existed in the states carved out of the Northwest
+Territory. It was forbidden by the ordinance of 1787.
+
+Vermont abolished it in forming her state constitution in 1777. [Footnote:
+Before her admission into the Union.]
+
+Massachusetts, by constitution, 1780.
+
+Pennsylvania, gradual abolition by statute, began in 1780; had 64 in 1840.
+
+New Hampshire, by constitution, 1783.
+
+Rhode Island and Connecticut, gradual abolition, 1784.
+
+New York began in 1799, finished July 4, 1827.
+
+New Jersey began in 1804, but had 18 in 1860.
+
+By the Missouri compromise, 1820, slavery ceased "in all that territory
+ceded by France to the United States, under the name of Louisiana, which
+lies north of 36 degrees and 30 minutes north latitude," [Footnote: Thomas
+amendment to act for admitting Missouri.] except Missouri. This part of
+the act was, in the Dred Scott case, declared by the supreme court to be
+invalid, still a provision forbidding slavery found its way into the
+constitution of each of the states afterward seeking admission.
+
+By the emancipation proclamation, Jan. 1, 1863, the slaves of those in
+arms against the United States were declared free.
+
+The thirteenth amendment, adopted 1865, abolished slavery in all parts of
+the United States.
+
+
+HOW VOTING IS DONE IN LEGISLATIVE BODIES. [Footnote: See also Among the
+Lawmakers, pp. 168-70.]
+
+Acclamation.--The most common way of voting on ordinary questions is by
+acclamation; that is, when a question is put those in favor of it say
+"aye," and then those opposed say "no." In this case, a majority of those
+voting prevails. This is sometimes called voting _viva voce._
+
+Division.--If the presiding officer is uncertain as to which side is in
+the majority, he may call for a division, or this may be demanded by any
+member. Then those voting in the affirmative stand and are counted, after
+which those voting in the negative do similarly.
+
+Yea and Nay.--On important questions in congress, or on any question by
+demand of one-fifth of the members, the vote is by "yeas and nays" that
+is, the roll is called, and each member responds "yea" or "nay." In some
+states, including Minnesota, _all bills_ must be voted on in this way, and
+must receive a majority of the total membership in order to pass.
+
+
+HOW LAWS ARE MADE. [Footnote: The Minnesota process, given as a type.]
+
+Framing a Bill.--A bill is a proposed law. The framing or drawing up of a
+bill may be done by any person. For instance, a citizen desiring
+legislation on any matter may formulate a bill for consideration by the
+legislature. But many requests for legislation come in the form of
+petitions, in which case the member to whom the matter is committed by the
+petitioners usually frames the bill. Many bills originate in committee,
+some of them as substitutes.
+
+Bringing in.--At the time set in the daily order of business for
+introducing bills, the member announces his bill by title, which should
+indicate the matter considered therein, and sends it to the clerk's desk.
+
+First Reading.--No bill can pass without at least three readings. When a
+bill is first presented, the clerk reads it at the table, and hands it to
+the speaker, who, rising, states to the house the title of the bill, and
+that this is the first reading of it.
+
+Commitment.--Unless objection is made, the bill, if not one which has been
+formulated by a committee, is then referred for careful consideration to a
+committee, standing or special. The number of subjects coming before a
+legislative body is too great to permit the initial consideration of each
+by the whole body. It is a note-worthy fact that our lawmaking is
+virtually committee legislation. All bills for appropriating money shall
+before passage be referred to the finance committee.
+
+Second Reading.--When reported favorably by the committee, with
+amendments, such amendments must be read in full, and if they are adopted
+the bill passes to its second reading, which is by title only. If the bill
+is of a general nature, it is printed and placed on the General Orders or
+list of bills ready for consideration by the committee of the whole.
+
+Committee of the Whole.-This consists of the entire membership of the
+house. Its work is to perfect bills before they come up for final passage.
+To this end great freedom of debate is permitted. This is the last
+opportunity to offer amendments, except by unanimous consent. When the
+house resolves itself into committee, the regular presiding officer leaves
+the chair after designating a member to act as chairman. When the
+committee rises, the presiding officer resumes the chair and the chairman
+of the committee reports its action. Bills reported favorably are
+engrossed, that is, rewritten neatly as amended, and are placed on the
+Calendar, or list of bills ready for third reading.
+
+Third Reading.--This is in full, and the question is on the passage of the
+bill. If passed the bill is sent to the other house, with the announcement
+that it has passed the first house.
+
+Action in other House.--The bill is treated in the other house as in the
+first. If passed, it is returned similarly to the house in which it
+originated. If passed with amendments, these are considered.  ENROLLMENT.--
+When it has passed both houses, the bill is plainly and accurately written
+on parchment, under supervision of the committee on enrolled bills.
+
+SIGNING.--The enrolled bill is signed by the presiding officer of each
+house, and, if he approves it, by the executive.
+
+DISPOSITION.--The bill is then carried by the executive to the secretary
+of state, who deposits it among the archives. Copies are made for
+publication. [Footnote: Read Among the Lawmakers, pp. 60-64.]
+
+
+
+
+APPENDIX D.--SOME PRINCIPLES OF INTERNATIONAL LAW.
+
+
+Nature and Origin.--A savage meeting in the forest a person whom he has
+never seen before is apt to look upon him as a foe. As civilization
+increases, danger to one's personal rights decreases, and stranger ceases
+to mean enemy. It has gradually come about that the confidence and
+courtesy shown to one another by men in their individual relations have
+extended to the relations of states. Morality, reason, and custom have
+established among the nations certain rules of conduct with respect to one
+another. The rules constitute what is called international law.
+
+As might be guessed, international law is a matter of comparatively recent
+origin, and exists only among the most highly civilized nations. Not being
+the enactment of any general legislative body, having no courts competent
+to pass upon it nor executive to enforce its provisions, this law must be
+framed by agreement, and its carrying out must rest upon national good
+faith.
+
+
+PEACE RELATIONS.
+
+The great purpose of international law being to preserve peace by removing
+the causes of war, we shall first consider some of the arrangements
+operative in times of peace.
+
+Non-interference.--Among individuals it is found that, as a rule, it is
+best for each person to mind his own business. Similarly, among nations
+non-interference by one with the internal affairs of another is a cardinal
+principle. It is, therefore, a general rule that a people may adopt such
+form of government as they choose, and that whenever they wish they may
+amend or entirely alter it. [Footnote: A change in the form of government
+does not release the nation from prior obligations.] And the government
+formed has a right to operate without dictation from other powers. Nor has
+any foreign nation a right to inquire _how_ the government has come into
+being; sufficient that it _is_ the government.
+
+This right of a nation to manage its own affairs is called _sovereignty_.
+It belongs to a small independent nation as completely as to a large one.
+The act of one government in acknowledging the validity and sovereignty of
+another is called _recognizing_ it. (See page 349, last paragraph.)
+
+It is sometimes a delicate question to determine whether to recognize a
+community as a nation or not. Thus, if a dependency is seeking to become
+independent, our personal sympathies are naturally with it, and yet it
+might be contrary to the law of nations, an "unfriendly act" to the
+sovereign power, for our government to recognize its independence. During
+the struggle of the Spanish-American colonies for separate political
+existence, John Quincy Adams, then (1822) secretary of state, formulated
+the proper rule of action thus: "In every question relating to the
+independence of a nation two principles are involved, one of right and the
+other of fact, the former exclusively depending upon the determination of
+the nation itself, and the latter resulting from the successful execution
+of that determination ... The government of the United States yielded to
+an obligation of duty of the highest order by recognizing as independent
+states nations which, after deliberately asserting their right to that
+character, have maintained and established it against all the resistance
+which had been or could be brought to oppose it. This recognition is ...
+the mere acknowledgment of existing facts." [Footnote: Wharton's
+International Law Digest, Volume I., page 162.]
+
+Although sovereignty implies the right of a government to enter freely
+into such relations with any other nation as may be mutually agreeable,
+the nations of Europe feel at liberty in self-defense to interfere with
+any arrangements that threaten the "balance of power." Thus France would
+feel justified in opposing a very close alliance between Prussia and
+Spain.
+
+It is our good fortune not to have any dangerous neighbors. We are
+reasonably sure of peace so long as we act in accordance with the counsel
+of Washington, "Friendly relations with all, entangling alliances with
+none."
+
+Jurisdiction.--It is clear that the authority of a nation properly extends
+over the land within its borders and over its inland waters. It is equally
+clear that no nation should have exclusive jurisdiction over the ocean. It
+is generally understood that a nation's authority extends out into the sea
+a marine league from shore. But difficulty is encountered in determining a
+rule of jurisdiction over bays, straits, wide-mouthed rivers and other
+coast-waters. Shall the United States of right freely navigate the St.
+Lawrence to its mouth, and the British the Yukon? Should Denmark receive
+tribute of ships passing through the sounds to the Baltic, and may Turkey
+prohibit foreign war vessels from passing through the Bosphorus? Is the
+mouth of the Amazon part of the "high seas?" Is Hudson's Bay? Is Delaware
+Bay? The difficulty is to formulate a rule that shall not unnecessarily
+abridge commercial freedom but shall still have due regard to national
+defense. The question at large is not settled yet, but it seems to be
+agreed that in the cases of bays not more than ten miles wide at the
+mouth, the marine league shall be measured from a straight line joining
+the headlands.
+
+"The United States cannot purchase a grant of land in, or concession of
+right of way over, the territories of another nation, as could an
+individual or a private corporation."
+
+Intercourse.--While as an act of sovereignty a nation may shut out from
+its borders any or all of the rest of mankind, intercourse is so natural
+and is usually so mutually profitable that such prohibition is almost
+unknown among civilized nations. Intercourse is regulated in different
+nations in various ways. Some limit or control it by a passport system;
+some by special supervision of strangers; some by a protective tariff;
+others by giving to one nation commercial privileges not given to another.
+
+Among the general rules that govern intercourse are these: Aliens are
+entitled to protection from violence for themselves and their property.
+They are amenable to the laws of the country in which they are sojourning,
+except in certain oriental and other partly civilized countries. Aliens
+may expatriate themselves and may become naturalized in the land of their
+adoption. "The right of emigration is inalienable; only self-imposed or
+unfulfilled obligations can restrict it." [Footnote: Heffter, quoted, in
+Woolsey's International Law.]
+
+The principle that crime should be tried and punished where committed
+stands in the way of the trial of a culprit who has escaped to another
+country. But for mutual protection most of the civilized nations have
+treaties for the extradition of criminals. The United States have
+extradition treaties with over twenty countries. (See How Criminals Are
+Extradited, page 337.)
+
+Ambassadors and Consuls.--We have considered briefly the rights and duties
+of individual sojourners in foreign lands. Let us now consider the modes
+and means of intercourse between the governments themselves.
+
+Formerly when a nation wished to come to an understanding with another it
+sent a special messenger clothed with necessary authority to act; but for
+about two hundred years these representatives have, as a rule, taken up
+their residence at the capitals of the countries to which they are sent.
+
+There are various grades of these ambassadors. Ours in order of rank are
+ambassadors, envoys-extraordinary and ministers plenipotentiary, ministers
+resident, envoys, charges d'affaires, and, temporarily, secretaries of
+legation.
+
+"Ambassadors [including all of the above] always and everywhere have had
+special immunities and often something of a sacred character ... Neither
+public authority nor private persons can use any force, or do any violence
+to him, without offending against the law of nations." [Footnote: Except
+that if necessary for self-defense, passive resistance may be made.] This
+immunity extends to his house, furniture, and attendants. Except in
+extreme cases, he is exempt from civil or criminal process.
+
+These diplomatic agents are appointees of the executive. Official
+communications with the president are made through the secretary of state.
+"In all negotiations between nations, sovereign should always speak to
+sovereign and minister to minister."
+
+A country may decline to receive _any_ ambassador from a certain nation;
+and this may be necessary in case of a civil war in which two parties
+claim to be the legal authorities, because receiving the ambassador of one
+party would be equivalent to recognizing it as the legitimate authority.
+And it may, without offense, decline to receive a _particular_ ambassador,
+on account of some objection to him personally. It may also decline to
+treat with a minister who has so deported himself as to become
+distasteful.
+
+When an ambassador arrives at the capitol of the country to which he is
+sent, he seeks an interview with the secretary in charge of foreign
+affairs and delivers to him a copy of his credentials. Afterwards on a day
+appointed for the purpose, the secretary presents him to the executive
+(sovereign or president), to whom he delivers the original commission.
+
+Ambassadors of all grades are expected to avoid all interference with
+political movements in the countries where they are stationed.
+
+Consuls are the commercial agents of a country. They are stationed at the
+principal ports of the world. Their chief functions are:
+
+1. To furnish their government information that may be of service in the
+commercial relations of the countries.
+
+2. To settle disputes between masters and crews of merchant vessels in the
+port sailing under the protection of the flag of the consul's country.
+
+3. To reclaim deserters from vessels, and provide for destitute seamen.
+
+4. In some non-Christian lands to act as judge in cases in which a
+countryman or other person from a Christian state is a party. (See also
+page 321.)
+
+Treaties.--Treaties are contracts between nations[1], and in international
+law much resemble ordinary contracts in municipal law. For instance, they
+can be made only by certain persons--the constituted authorities of
+nations, or by persons specially deputed by them for that purpose. A
+treaty cannot obligate to do an unlawful act. There must be consideration
+--a treaty which sacrifices the interests of one party is not binding upon
+that party. Treaties obtained by fraud or force are not binding.
+
+[Footnote 1: This from Woolsey's International Law is too good to be
+omitted: "A contract is one of the highest acts of human free-will; it is
+the will binding itself in regard to the future, and surrendering its
+right to change expressed intention, so that it becomes morally and
+jurally a wrong to act otherwise; it is the act of two parties in which
+each or one of the two conveys power over himself to the other in
+consideration of something; done or to be done by the other. The binding
+force of contracts is to be deduced from the freedom and foresight of man,
+which would have almost no sphere in society or power of co-operation,
+unless trust could be excited. Trust lies at the basis of society; society
+is essential for the development of the individual; the individual could
+not develop his free forethought unless an acknowledged obligation made
+him sure in regard to the actions of others. That nations as well as
+individuals are bound by contract, will not be doubted when we remember
+that they have the same properties of free will and foresight; that they
+can have no safe intercourse otherwise."]
+
+Further similarity between municipal and international law is to be seen.
+The minister appointed to negotiate the treaty is an agent, and his work
+is subject to the general law of agency. Thus, if he acts within his
+instructions, his principal (the nation) is bound by what he does, and the
+treaty-making power is in honor bound to ratify the treaty. From this it
+will properly be inferred that there is an implied understanding that the
+sovereign, or other power intrusted with the making of treaties, reserves
+the right to accept or reject the work of the agent. (See sample treaty,
+page 360.)
+
+Remedy.--In municipal law, remedy for a wrong is obtained through the
+courts, if personal influence fails. Among nations there is no general
+court having jurisdiction. If redress cannot be obtained by remonstrance,
+arbitration, or other peaceful means, it may be sought through retaliation
+or finally in war.
+
+
+WAR RELATIONS.
+
+"International law assumes that there must be wars and fightings among
+nations, and endeavors to lay down rules by which they shall be brought
+within the limits of justice and humanity."
+
+Causes.--A nation may wage war to defend any right which as a state it is
+bound to protect, to redress wrong, or to prevent injury; for instance, to
+defend its own sovereignty; to protect a citizen in his rights; to obtain
+satisfaction for insults to its flag, its ambassadors, or its good name;
+for the violation of treaty rights; to prevent injury, as by checking the
+onward march of some "conquering hero." War for conquest is not now
+recognized as legitimate.
+
+Beginning.--"War between independent sovereignties, is and ought to be, an
+_avowed, open_ way of obtaining justice." Even among the ancients
+announcements were usually made before war was begun. The Greeks sent a
+herald to carry the news. "Among the Romans the ceremonies of making known
+the state of war were very punctilious." But formal declarations of war
+are now falling into disuse; not from any intention of taking the enemy
+unawares, but because of the rapidity with which news is now disseminated.
+Still a state is in honor bound to indicate in some way its changed
+relation. This is due to the enemy, and just to its own citizens and to
+neutrals, that they may know how to act. The enemy is usually informed by
+the peremptory dismissal of its ambassador; the citizens and neutrals by a
+manifesto of some kind. (See p.354.)
+
+Between whom.--War being an interruption of peaceful relations, commerce
+between the citizens is at an end--is forbidden. Contracts between them
+then become either "impossible in their nature" or "unlawful," and
+therefore void.
+
+The war is not between the individual citizens of the two countries, it is
+between the governments and is waged by authorized agents--the soldiers
+and sailors enlisted for the purpose. "The smallest amount of injury
+consistent with self-defense and the sad necessity of war, is to be
+inflicted." Passive citizens are not unnecessarily to be molested.
+
+Weapons.--Not "all things are fair in war." Though ingenuity may properly
+tax itself to produce death-dealing instruments, underhanded means, such
+as poisoning springs or spreading a plague, are condemned; nor is it now
+regarded as consistent with right for a civilized nation to employ against
+another, persons accustomed to an inhuman mode of warfare.
+
+Heralds and Spies.--Heralds bearing flags of truce are inviolable--they
+must not be molested. Spies, unless in their regimentals, are subject to
+the death penalty if caught.
+
+Pirates and Privateers.--Pirates, acting under no authority, having no
+purpose to serve except to enrich themselves at the expense of any one
+else, are not protected by any nation, and may be put to death by any one
+capturing them. But privateers, acting as an arm of the government and by
+its authority, granted by its letters of marque and reprisal, must be
+treated as prisoners of war.
+
+Prisoners of War.--Prisoners taken in war were formerly the property of
+their captors, to be used for their pleasure or profit as slaves. Modern
+usage requires that they be merely detained; that they be fed and
+sheltered with reasonable comfort, and not treated with any unnecessary
+harshness. A common practice, worthy of encouragement, is that of
+exchanging prisoners, thus restoring them to their own side. Sometimes,
+too, prisoners are released on _parole,_ that is, on their word of honor
+not to re-enter the army. If a paroled prisoner breaks his word in this
+respect, upon recapture he is liable to be put to death.
+
+Termination.--Peace comes by treaty. There is usually a preliminary
+treaty, containing the general statement of conditions to which both
+parties will consent. When all the details have been arranged, a
+definitive treaty is concluded. Treaties of peace go into effect as
+between the parties, when they are signed; as between individuals of the
+belligerent nations, when they are notified.
+
+
+RIGHTS AND OBLIGATIONS OF NEUTRALS.
+
+When intercourse between the countries of the world was small, owing to
+lack of facilities, the rights of neutrals were regarded as unimportant.
+But intercourse has increased so enormously, that no great war can be
+waged without interfering with the interests of almost all the rest of the
+world, and the rights of neutrals are assuming more importance in
+international law.
+
+The great obligation resting upon neutrals is "to allow nothing to the
+belligerents which either would object to as being adverse to his
+interests."
+
+What Neutrals may do.--The common instincts of humanity may be complied
+with. Thus a ship of war in distress may run into a neutral port. Soldiers
+running into neutral territory may be disarmed and then protected as
+non-combatants.
+
+Things Contraband.--It is a breach of neutrality to lend money or furnish
+troops or munitions of war to a belligerent, or to allow ships of war to
+be built by citizens of the neutral power within its borders, if it knows
+(or _should_ know) that they are to be armored and used in the service of
+one of the belligerents.
+
+Citizens of Neutral States.--Members of a neutral state may lend money to
+a belligerent or may go into the army or navy of a belligerent without
+breach of the neutrality of their nation. They may sell goods, except
+materials of war, to either belligerent,  Blockade.--A belligerent may, as
+a war measure, close the ports of the enemy. This is called a blockade.
+Two things are necessary to make a blockade valid--due notice must be
+given, and the blockade must be made effective by placing before the ports
+armed vessels to prevent the entrance of trading vessels. If the
+conditions have been complied with, neutrals trade with the port at the
+risk of losing all captured ships and cargoes.
+
+
+DECLARATION OF WAR--1812.
+
+An act declaring war between the United Kingdom of Great Britain and
+Ireland, and the dependencies thereof, and the United States of America
+and their territories.[Footnote: Drawn by William Pinckney, Attorney
+General of the United States.]
+
+Be it enacted by the Senate and House of Representatives of the United
+States of America in Congress assembled, That war be, and the same is
+hereby declared to exist between the United Kingdom of Great Britain and
+Ireland, and the dependencies thereof, and the United States of America
+and their territories; and that the President of the United States is
+hereby authorized to use the whole land and naval force of the United
+States to carry the same into effect, and to issue to private armed
+vessels of the United States commissions, or letters of marque and general
+reprisal, in such form as he shall think proper, and under the seal of the
+United States, against the vessels, goods, and effects, of the government
+of the United Kingdom of Great Britain and Ireland and the subjects
+thereof.
+
+
+
+
+APPENDIX E.--DOCUMENTS.
+
+
+ACT AUTHORIZING A STATE GOVERNMENT.
+
+[Passed February 26, 1857.]
+
+SECTION 1. Be it enacted by the Senate and House of Representatives of the
+United States of America, in Congress assembled, That the inhabitants of
+that portion of the Territory of Minnesota which is embraced within the
+following limits, to-wit: beginning at the point in the center of the main
+channel of the Red River of the North, where the boundary line between the
+United States and the British Possessions crosses the same; thence up the
+main channel of said river to that of the Bois de Sioux River; thence up
+the main channel of said river to Lake Traverse; thence up the centre of
+said lake to the southern extremity thereof; thence in a direct line to
+the head of Big Stone Lake; thence through its centre to its outlet;
+thence by a due south line to the north line of the State of Iowa; thence
+along the northern boundary of said state to the main channel of the
+Mississippi River; thence up the main channel of said river, and following
+the boundary line of the State of Wisconsin, until the same intersects the
+St. Louis River; thence down the said river to and through Lake Superior
+on the boundary line of Wisconsin and Michigan, until it intersects the
+dividing line between the United States and the British Possessions;
+thence up Pigeon River and following said dividing line to the place of
+beginning, be, and they hereby are authorized to form for themselves a
+constitution and state government by the name of the State of Minnesota,
+and to come into the Union on an equal footing with the original states,
+according to the federal constitution.
+
+SEC. 2. And be it further enacted, That the State of Minnesota shall have
+concurrent jurisdiction on the Mississippi and all other rivers and waters
+bordering on the said State of Minnesota, so far as the same shall form a
+common boundary to said state and any state or states now or hereafter to
+be formed or bounded by the same; and said river or waters leading into
+the same shall be common highways, and forever free, as well to the
+inhabitants of said state as to all other citizens of the United States,
+without any tax, duty, impost, or toll therefor.
+
+SEC. 3. And be it further enacted, That on the first Monday in June next,
+the legal voters in each representative district then existing within the
+limits of the proposed state, are hereby authorized to elect two delegates
+for each representative to which said district may be entitled according
+to the apportionment for representatives to the territorial legislature,
+which election for delegates shall be held and conducted, and the returns
+made, in all respects in conformity with the laws of said territory
+regulating the election of representatives; and the delegates so elected
+shall assemble at the capitol of said territory on the second Monday in
+July next, and first determine by a vote whether it is the wish of the
+people of the proposed state to be admitted into the Union at that time;
+and if so, shall proceed to form a constitution, and take all necessary
+steps for the establishment of a state government, in conformity with the
+federal constitution, subject to the approval and ratification of the
+people of the proposed state.
+
+SEC 4. And be it further enacted, That in the event said convention shall
+decide in favor of the immediate admission of the proposed state into the
+Union, it shall be the duty of the United States marshal for said
+territory to proceed to take a census or enumeration of the inhabitants
+within the limits of the proposed state, under such rules and regulations
+as shall be prescribed by the Secretary of the Interior, with a view of
+ascertaining the number of representatives to which said state may be
+entitled in the Congress of the United States. And said state shall be
+entitled to one representative, and such additional representatives as the
+population of the state shall, according to the census, show it would be
+entitled to according to the present ratio of representation.
+
+SEC 5. And be it further enacted, That the following propositions be, and
+the same are hereby offered to the said convention of the people of
+Minnesota for their free acceptance or rejection, which, if accepted by
+the convention, shall be obligatory on the United States, and upon the
+said State of Minnesota, to-wit.
+
+_First_--That sections numbered sixteen and thirty-six in every township
+of public lands in said state, and where either of said sections, or any
+part thereof, has been sold or otherwise disposed of, other lands,
+equivalent thereto, and as contiguous as may be, shall be granted to said
+state for the use of schools.
+
+_Second_--That seventy-two sections of land shall be set apart and
+reserved for the use and support of a state university, to be selected by
+the Governor of said state, subject to the approval of the Commissioner of
+the General Land Office, and to be appropriated and applied in such manner
+as the legislature of said state may prescribe, for the purpose aforesaid,
+but for no other purpose.
+
+_Third_--Ten entire sections of land to be selected by the Governor of
+said state, in legal sub-divisions, shall be granted to said state for the
+purpose of completing the public buildings, or for the erection of others
+at the seat of government, under the direction of the legislature thereof.
+
+_Fourth_--That all salt springs within said state, not exceeding twelve in
+number, with six sections of land adjoining or as contiguous as may be to
+each, shall be granted to said state for its use, and the same to be
+selected by the Governor thereof within one year after the admission of
+said state, and, when so selected, to be used or disposed of on such
+terms, conditions and regulations as the legislature shall direct,
+provided, that no salt spring or land, the right whereof is now vested in
+any individual or individuals, or which may be hereafter confirmed or
+adjudged to any individual or individuals, shall by this article be
+granted to said state.
+
+_Fifth_--That five per centum of the net proceeds of sales of all public
+lands lying within said state, which shall be sold by Congress after the
+admission of said state into the Union, after deducting all the expenses
+incident to the same, shall be paid to said state for the purpose of
+making public roads and internal improvements, as the legislature shall
+direct, provided, the foregoing propositions herein offered, are on the
+condition that the said convention which shall form the constitution of
+said state, shall provide, by a clause in said constitution, or an
+ordinance, unrevocable without the consent of the United States, that said
+state shall never interfere with the primary disposal of the soil within
+the same by the United States, or with any regulations Congress may find
+necessary for securing the title in said soil to _bona fide_ purchasers
+thereof; and that no tax shall be imposed on lands belonging to the United
+States, and that in no case shall non-resident proprietors be taxed higher
+than residents.
+
+
+ACT ADMITTING MINNESOTA INTO THE UNION.
+
+[Passed May 11, 1858.]
+
+Whereas, an act of Congress was passed February twenty-sixth, eighteen
+hundred and fifty-seven, entitled "An act to authorize the people of the
+Territory of Minnesota to form a constitution and state government
+preparatory to their admission into the Union on an equal footing with the
+original states;" and whereas, the people of said territory did, on the
+twenty-ninth day of August, eighteen hundred and fifty-seven, by delegates
+elected for that purpose, form for themselves a constitution and state
+government, which is republican in form, and was ratified and adopted by
+the people at an election held on the thirteenth day of October, eighteen
+hundred and fifty-seven, for that purpose; therefore,
+
+Be it enacted by the Senate and House of Representatives of the United
+States of America in Congress assembled, That the State of Minnesota shall
+be one, and is hereby declared to be one of the United States of America,
+and admitted into the Union on an equal footing with the original states,
+in all respects whatever.
+
+SEC. 2. And be it further enacted, That said state shall be entitled to
+two representatives in Congress, until the next apportionment of
+representatives amongst the several states.
+
+SEC. 3. And be it further enacted, That from and after the admission of
+the State of Minnesota, as hereinbefore provided, all the laws of the
+United States, which are not locally inapplicable, shall have the same
+force and effect within that state as in other states of the Union; and
+the said state is hereby constituted a judicial district of the United
+States, within which a district court with the like powers and
+jurisdiction as the district court of the United States for the district
+of Iowa, shall be established; the judge, attorney and marshal of the
+United States for the said district of Minnesota, shall reside within the
+same, and shall be entitled to the same compensation as the judge,
+attorney and marshal of the district of Iowa; and in all cases of appeal
+or writ of error heretofore prosecuted and now pending in the supreme
+court of the United States upon any record from the supreme court of
+Minnesota Territory, the mandate of execution or order of further
+proceedings shall be directed by the supreme court of the United States to
+the district court of the United States for the district of Minnesota, or
+to the supreme court of the State of Minnesota, as the nature of such
+appeal or writ of error may require; and each of those courts shall be the
+successor of the supreme court of Minnesota Territory, as to all such
+cases, with full power to hear and determine the same, and to award mesne
+or final process therein.
+
+
+RESTORATION OF TENNESSEE TO THE UNION, 1866.
+
+(Thirty-ninth Congress, First Session.)
+
+Joint resolution restoring Tennessee to her relations to the Union.
+
+Whereas, in the year eighteen hundred and sixty-one, the government of
+the state of Tennessee was seized upon and taken possession of by persons
+in hostility to the United States, and the inhabitants of the state in
+pursuance of an act of Congress, were declared to be in a state of
+insurrection against the United States; and whereas, said state government
+can only be restored to its former political relations in the Union by
+consent of the law-making power of the United States; and whereas, the
+people of said state did on the twenty-second day of February, eighteen
+hundred and sixty-five, by a large popular vote, adopt and ratify a
+constitution of government whereby slavery was abolished, and all
+ordinances and laws of secession and debts contracted under the same were
+declared void; and whereas a state government has been organized under
+said constitution which has ratified the amendment to the constitution of
+the United States abolishing slavery, also the amendment proposed by the
+thirty-ninth Congress, and has done other acts proclaiming and denoting
+loyalty; Therefore,
+
+Be it resolved by the Senate and House of Representatives of the United
+States of America in Congress assembled, That the state of Tennessee is
+hereby restored to her former proper, practical relations to the Union,
+and is again entitled to be represented by senators and representatives in
+Congress.
+
+Approved, July 24,1866.
+
+
+THE MECKLENBURGH RESOLUTIONS--1775.
+
+I. Resolved, That whosoever directly or indirectly abets, or in any way,
+form, or manner countenances the unchartered and dangerous invasion of our
+rights, as claimed by Great Britain, is an enemy to this country, to
+America, and to the inherent and inalienable rights of man.
+
+II. Resolved, That we do hereby declare ourselves a free and independent
+people; are, and of right ought to be a sovereign and self-governing
+association, under the control of no power, other than that of our God and
+the general government of the congress: To the maintainance of which
+independence we solemnly pledge to each other our mutual co-operation, our
+lives, our fortunes, and our most sacred honor.
+
+III. Resolved, That as we acknowledge the existence and control of no law
+or legal officer, civil or military, within this county, we do hereby
+ordain and adopt as a rule of life, all, each, and every one of our former
+laws, wherein, nevertheless, the crown of Great Britain never can be
+considered as holding rights, privileges, or authorities therein.
+
+IV. Resolved, That all, each, and every military officer in this county is
+hereby reinstated in his former command and authority, he acting
+conformably to their regulations, and that every member present of this
+delegation, shall henceforth be a civil officer, viz.; a justice of the
+peace, in the character of a committee man, to issue process, hear and
+determine all matters of controversy, according to said adopted laws, and
+to preserve peace, union, and harmony in said county, to use every
+exertion to spread the love of country and fire of freedom throughout
+America, until a more general and organized government be established in
+this province.
+
+ABRAHAM ALEXANDER, Chairman.
+
+JOHN MCKNITT ALEXANDER, Secretary.
+
+NOTE.--This declaration of independence (with a supplementary set of
+resolutions establishing a form of government) was adopted by a convention
+of delegates from different sections of Mecklenburgh county, which
+assembled at Charlotte, May 20, 1775.
+
+
+AGREEMENT BETWEEN THE SETTLERS AT NEW PLYMOUTH.
+
+In the name of God, amen. We, whose names are underwritten, the loyal
+subjects of our dread Sovereign Lord King James, by the grace of God, of
+Great Britain, France, and Ireland, King, Defender of the Faith, &c.
+Having undertaken for the glory of God, and advancement of the Christian
+faith, and the honour of our king and country, a voyage to plant the first
+colony in the northern parts of Virginia;
+
+Do by these presents, solemnly and mutually, in the presence of God and
+one another, covenant and combine ourselves together into a civil body
+politick, for our better ordering and preservation, and furtherance of the
+ends aforesaid. And by virtue hereof do enact, constitute and frame, such
+just and equal laws, ordinances, acts, constitutions, and officers, from
+time to time, as shall be thought most meet and convenient for the general
+good of the colony, unto which we promise all due submission and
+obedience.
+
+In witness whereof we have hereunto subscribed our names at Cape Cod the
+eleventh of November, in the reign of our Sovereign Lord King James, of
+England, France, and Ireland, the eighteenth, and of Scotland, the
+fifty-fourth, anno domini, 1620.
+
+John Carver,      Samuel Fuller,      Edward Tilly,
+William Bradford, Christopher Martin, John Tilly,
+Edward Winslow,   William Mullins,    Francis Cooke,
+William Brewster, William White,      Thomas Rogers,
+Isaac Allerton,   Richard Warren,     Thomas Tinker,
+Miles Standish,   John Howland,       John Ridgdale,
+John Alden,       Steven Hopkins,     Edward Fuller,
+John Turner,      Digery Priest,      Richard Clark,
+Francis Eaton,    Thomas Williams,    Richard Gardiner,
+James Chilton,    Gilbert Winslow,    John Allerton,
+John Craxton,     Edmund Margesson,   Thomas English,
+John Billington,  Peter Brown,        Edward Doten,
+Joses Fletcher,   Richard Bitteridge, Edward Liester,
+John Goodman,     George Soule.
+
+NOTE.--The "Pilgrims" who landed at Plymouth had procured before leaving
+Europe a grant of land from the London or South Virginia Company, but had
+subsequently decided to establish a colony in New England. Before leaving
+the ship which had brought them across the Atlantic they drew up this
+compact. They obtained several successive letters patent from the Plymouth
+Company, but none of them were confirmed by the crown, and in 1691 the
+Plymouth colony was annexed to Massachusetts Bay.
+
+
+TEXAS DECLARATION OF INDEPENDENCE--1836.
+
+Whereas, General Antonio Lopez de Santa Anna and other military chieftains
+have, by force of arms, overthrown the federal institutions of Mexico, and
+dissolved the social compact which existed between Texas and the other
+members of the Mexican Confederacy,--Now, the good people of Texas,
+availing themselves of their natural rights, solemnly declare:
+
+1st. That they have taken up arms in defense of their rights and
+liberties, which were threatened by the encroachments of military despots,
+and in defense of the republican principles of the federal constitution of
+Mexico of eighteen hundred and twenty-four.
+
+2nd. That Texas is no longer, morally or civilly, bound by the compact of
+union; yet, stimulated by the generosity and sympathy common to a free
+people, they offer their support and assistance to such of the members of
+the Mexican Confederacy as will take up arms against military despotism.
+
+3d. That they do not acknowledge that the present authorities of the
+nominal Mexican Republic have the right to govern within the limits of
+Texas.
+
+5th. That they hold it to be their right, during the disorganization of
+the federal system and the reign of despotism, to withdraw from the union,
+to establish an independent government, or to adopt such measures as they
+may deem best calculated to protect their rights and liberties, but that
+they will continue faithful to the Mexican government so long as that
+nation is governed by the constitution and laws that were formed for the
+government of the political association.
+
+6th. That Texas is responsible for the expenses of her armies now in the
+field.
+
+7th. That the public faith of Texas is pledged for the payment of any
+debts contracted by her agents.
+
+8th. That she will reward by donations in land, all who volunteer their
+services in her present struggle, and receive them as citizens.
+
+These declarations we solemnly avow to the world, and call God to witness
+their truth and sincerity; and invoke defeat and disgrace upon our heads,
+should, we prove guilty of duplicity.
+
+RICHARD ELLIS, President.
+
+A.H.S. KIMBLE, Secretary.
+
+
+TREATY WITH GREAT BRITAIN--1846.
+
+The United States of America and Her Majesty the Queen of the United
+Kingdom of Great Britain and Ireland, deeming it to be desirable for the
+future welfare of both countries that the state of doubt and uncertainty
+which has hitherto prevailed respecting the sovereignty and government of
+the territory on the northwest coast of America, lying westward of the
+Rocky or Stony Mountains, should be finally terminated by an amicable
+compromise of the rights mutually asserted by the two parties over the
+said territory, have respectively named plenipotentaries to treat and
+agree concerning the terms of such settlement, that is to say:
+
+The President of the United States of America has, on his part, furnished
+with full powers James Buchanan, Secretary of State of the United  States,
+and Her Majesty the Queen of the United Kingdom of Great Britain and
+Ireland, has, on her part, appointed the Right Honorable Richard
+Parkenham, a member of Her Majesty's Most Honorable Privy Council, and Her
+Majesty's Envoy Extraordinary and Minister Plenipotentiary to the United
+States;
+
+Who after having communicated to each other their respective full powers,
+found in good and due form, have agreed upon and concluded the following
+articles:
+
+ARTICLE I.
+
+From the point on the forty-ninth parallel of north latitude, where the
+boundary laid down in existing treaties and conventions between the United
+States and Great Britain terminates, the line of boundary between the
+territories of the United States and those of Her Brittanic Majesty shall
+be continued westward along the said forty-ninth parallel of north
+latitude to the middle of the channel which separates the continent from
+Vancouver's Island, and thence southerly through the middle of the said
+channel, and of Fuca's Straits, to the Pacific Ocean: _Provided, however,_
+That the navigation of the whole of the said channel and straits, south of
+the forty-ninth parallel of north latitude, remain free and open to both
+parties.
+
+ARTICLE II.
+
+From the point at which the forty-ninth parallel of north latitude shall
+be found to intersect the great northern branch of the Columbia River, the
+navigation of the said branch shall be free and open to the Hudson's Bay
+Company, and to all British subjects trading with the same, to the point
+where the said branch meets the main stream of the Columbia, and thence
+down the said main stream to the ocean, with free access into and through
+the said river or rivers, it being understood that all the usual portages
+along the line thus described shall, in like manner, be free and open.
+
+In navigating the said river or rivers, British subjects, with their goods
+and produce, shall be treated on the same footing as citizens of the
+United States; it being, however, always understood that nothing in this
+article shall be construed as preventing, or intended to prevent, the
+Government of the United States from making any regulations respecting the
+navigation of the said river or rivers not inconsistent with the present
+treaty.
+
+ARTICLE III.
+
+In the future appropriation of the territory south of the forty-ninth
+parallel of north latitude, as provided in the first article of this
+treaty, the possessory rights of the Hudson's Bay Company, and of all
+British subjects who may be already in the occupation of land or other
+property lawfully acquired within the said territory, shall be respected.
+
+ARTICLE IV.
+
+The farms, lands, and other property of every description belonging to the
+Puget's Sound Agricultural Company, on the north side of the Columbia
+River, shall be confirmed to the said company. In case, however, the
+situation of those farms and lands should be considered by the United
+States to be of public and political importance, and the United States
+Government should signify a desire to obtain possession of the whole, or
+of any part thereof, the property so required shall be transferred to the
+said Government, at a proper valuation, to be agreed upon between the
+parties.
+
+ARTICLE V.
+
+The present treaty shall be ratified by the President of the United
+States, by and with the advice and consent of the Senate thereof, and by
+Her Brittanic Majesty; and the ratifications shall be exchanged at London,
+at the expiration of six months from the date hereof, or sooner if
+possible. In witness whereof the respective plenipotentiaries have signed
+the same, and have affixed thereto the seals of their arms.
+
+Done at Washington the fifteenth day of June, in the year of our Lord one
+thousand eight hundred and forty-six.
+
+JAMES BUCHANAN.  [L.S.] RICHARD PARKENHAM. [L.S.]
+
+NOTE.--This treaty was concluded at Washington, June 15, 1846,
+ratifications were exchanged July 17, 1846, and it was proclaimed Aug.
+5,1846.
+
+
+EMANCIPATION PROCLAMATION.
+
+Whereas on the twenty-second day of September, in the year of our Lord one
+thousand eight hundred and sixty two, a proclamation was issued by the
+President of the United States, containing, among other things, the
+following, to-wit:
+
+"That on the first day of January, in the year of our Lord one thousand
+eight hundred and sixty-three, all persons held as slaves within any
+State, or designated part of a State, the people whereof shall then be in
+rebellion against the United States, shall be then, thenceforward, and
+forever free; and the Executive Government of the United States, including
+the military and naval authority thereof, will recognize and maintain the
+freedom of such persons, and will do no act or acts to repress such
+persons, or any of them, in any efforts they may make for their actual
+freedom.
+
+"That the Executive will, on the first day of January aforesaid, by
+proclamation, designate the States and parts of States, if any, in which
+the people thereof, respectively, shall then be in rebellion against the
+United States; and the fact that any State, or the people thereof, shall
+on that day be in good faith represented in the Congress of the United
+States, by members chosen thereto at elections wherein a majority of the
+qualified voters of such state shall have participated, shall, in the
+absence of strong countervailing testimony, be deemed conclusive evidence
+that such State, and the people thereof, are not then in rebellion against
+the United States."
+
+Now, therefore, I, Abraham Lincoln, President of the United States, by
+virtue of the power in me vested as Commander-in-Chief of the Army and
+Navy of the United States in time of actual armed rebellion against the
+authority and Government of the United States, and as a fit and necessary
+war measure for suppressing said rebellion, do, on this first day of
+January, in the year of our Lord one thousand eight hundred and
+sixty-three, and in accordance with my purpose so to do, publicly
+proclaimed for the full period of one hundred days, from the day first
+above mentioned, order and designate as the States and parts of States
+wherein, the people thereof respectively are this day in rebellion against
+the United States, the following, to-wit:
+
+Arkansas, Texas, Louisiana (except the parishes of St. Bernard,
+Plaqueminos, Jefferson, St. John, St. Charles, St. James, Ascension,
+Assumption, Terre Bonne, Lafourche, Ste. Marie, St. Martin, and Orleans,
+including the city of New Orleans), Mississippi, Alabama, Florida,
+Georgia, South Carolina, North Carolina, and Virginia, (except the
+forty-eight counties designated as West Virginia, and also the counties of
+Berkeley, Accomac, Northampton, Elizabeth City, York, Princess Ann, and
+Norfolk, including the cities of Norfolk and Portsmouth), and which
+excepted parts are for the present left precisely as if this proclamation
+were not issued.
+
+And by virtue of the power and for the purpose aforesaid, I do order and
+declare that all persons held as slaves within said designated States and
+parts of States are and henceforward shall be free; and that the Executive
+Government of the United States, including the military and naval
+authorities thereof, will recognize and maintain the freedom of said
+persons.
+
+And I hereby enjoin upon the people so declared to be free to abstain from
+all violence, unless in necessary self-defense; and I recommend to them
+that, in all cases when allowed, they labor faithfully for reasonable
+wages.
+
+And I further declare and make known that such persons, of suitable
+condition, will be received into the armed service of the United States to
+garrison forts, positions, stations, and other places, and to man vessels
+of all sorts in said service.
+
+And upon this act, sincerely believed to be an act of justice, warranted
+by the Constitution upon military necessity, I invoke the considerate
+judgment of mankind, and the gracious favor of Almighty God.
+
+In testimony whereof I have hereunto set my name and caused the seal of
+the United States to be affixed.
+
+Done at the city of Washington this first day of January, in the year of
+our Lord one thousand eight hundred and sixty-three, and of the
+independence of the United States the eighty-seventh.
+
+[Sidenote: L.S.]
+
+ABRAHAM LINCOLN.
+
+By the President:
+
+WILLIAM H. SEWARD, Secretary of State.
+
+
+
+***END OF THE PROJECT GUTENBERG EBOOK STUDIES IN CIVICS***
+
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+******* This file should be named 10733-8.txt or 10733-8.zip *******
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+The Project Gutenberg eBook, Studies in Civics, by James T. McCleary
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+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
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+
+Title: Studies in Civics
+
+Author: James T. McCleary
+
+Release Date: January 17, 2004  [eBook #10733]
+
+Language: English
+
+Character set encoding: US-ASCII
+
+
+***START OF THE PROJECT GUTENBERG EBOOK STUDIES IN CIVICS***
+
+
+E-text prepared by Charles Franks, Andy Schmitt, and Project Gutenberg
+Distributed Proofreaders
+
+
+
+AMERICAN EDUCATIONAL SERIES
+
+STUDIES IN CIVICS
+
+BY JAMES T. McCLEARY, M.C.
+
+LATE TEACHER OF CIVICS AND HISTORY IN THE STATE NORMAL SCHOOL
+MANKATO, MINNESOTA
+LIFE MEMBER MINNESOTA HISTORICAL SOCIETY
+
+REVISED TO 1897
+
+
+
+
+
+
+[Illustration: (House of Representatives) UNITED STATES CAPITOL (Senate.)]
+
+
+
+TO THE MEMBERS OF MY CLASSES IN CIVICS, WHOSE QUESTIONS HAVE AIDED ME IN
+DETERMINING WHAT SUBJECTS TO TREAT, AND WHOSE EARNESTNESS AND INTELLIGENCE
+HAVE MADE IT A PLEASURE TO BE THEIR TEACHER, THIS BOOK IS AFFECTIONATELY
+INSCRIBED.
+
+
+
+
+PREFACE.
+
+
+The thought constantly in mind in the preparation of this book has been to
+furnish useful material in usable form.
+
+Attention is invited to the scope of the work. The Constitution of the
+United States, not a mere abstract of it but a careful study of the text,
+is properly given much space but is not allowed a monopoly of it. Each of
+our governmental institutions deserves and receives a share of
+consideration. The order of presentation--beginning with the town, where
+the student can observe the operations of government, and proceeding
+gradually to the consideration of government in general--is based upon
+conclusions reached during eighteen years of experience in teaching this
+subject.
+
+Matter to be used chiefly for reference is placed in the appendix.
+Attention is asked to the amount of information which, by means of
+tabulations and other modes of condensation, is therein contained.
+Documents easily obtainable, such as the Declaration of Independence, are
+omitted to make room for typical and other interesting documents not
+usually accessible.
+
+Is this book intended to be an office-holders' manual? No; but it _is_
+intended to help students to get an insight into the way in which public
+business is carried on.
+
+Is it designed as an elementary treatise on law? No; but the hope is
+indulged that the young people who study it will catch something of the
+_spirit_ of law, which to know is to respect.
+
+
+
+
+CONTENTS.
+
+PREFACE,
+TO TEACHERS,
+TO STUDENTS,
+
+PRELIMINARY CHAPTER.
+
+GOVERNMENT: WHAT IT IS AND WHY IT IS,
+
+PART I.--GOVERNMENT WITHIN THE STATE.
+
+CHAPTER.
+     I.--THE TOWN: WHY AND HOW ORGANIZED, ETC.,
+    II.--PRIMITIVE MODES OF ADMINISTERING JUSTICE,
+   III.--PROCEEDINGS IN A JUSTICE COURT,
+    IV.--THE INCORPORATED VILLAGE,
+     V.--THE CITY,
+    VI.--THE COUNTY,
+   VII.--ESTABLISHING JUSTICE IN THE COUNTY,
+  VIII.--HISTORICAL,
+
+PART II.--THE STATE.
+
+    IX.--STATES: WHY AND HOW CREATED,
+     X.--STATE CONSTITUTIONS,
+    XI.--DEPARTMENTS OF GOVERNMENT,
+   XII.--THE LEGISLATIVE DEPARTMENT,
+  XIII.--THE EXECUTIVE DEPARTMENT,
+   XIV.--OTHER STATE OFFICERS,
+    XV.--THE JUDICIAL DEPARTMENT,
+   XVI.--RETROSPECT AND PROSPECT,
+
+PART III.--THE NATION.
+
+  XVII.--THE CAUSES OF THE REVOLUTION,
+ XVIII.--THE ARTICLES OF CONFEDERATION,
+   XIX.--THE ORIGIN OF THE CONSTITUTION,
+    XX.--THE CONSTITUTION: PREAMBLE,
+   XXI.--STRUCTURE OF THE LEGISLATIVE BRANCH,
+  XXII.--POWERS OF CONGRESS,
+ XXIII.--THE EXECUTIVE BRANCH,
+  XXIV.--THE JUDICIAL BRANCH,
+   XXV.--THE RELATIONS OF THE STATES,
+  XXVI.--MODES OF AMENDING THE CONSTITUTION,
+ XXVII.--MISCELLANEOUS PROVISIONS,
+XXVIII.--RATIFICATION OF THE CONSTITUTION,
+  XXIX.--THE AMENDMENTS,
+
+PART IV.--GOVERNMENT IN GENERAL.
+
+   XXX.--FORMS OF GOVERNMENT,
+
+PART V.--COMMERCIAL LAW.
+
+  XXXI.--CONTRACTS,
+ XXXII.--AGENCY,
+XXXIII.--PARTNERSHIP,
+ XXXIV.--CORPORATIONS,
+  XXXV.--COMMERCIAL PAPER,
+
+APPENDIX.
+
+A.--FORMS,
+B.--TABLES,
+C.--HOW SOME THINGS ARE DONE,
+D.--SOME PRINCIPLES OF INTERNATIONAL LAW,
+E.--DOCUMENTS,
+
+GENERAL INDEX,
+
+
+
+
+TO TEACHERS.
+
+
+Highly competent teachers are the very ones who receive most kindly
+suggestions meant to be helpful. For such these words are intended.
+
+The local organizations are so related that it is advisable for all
+classes to consider each of them. Especial attention should, however, be
+given to the organization (town, village or city) in which the school is.
+Here considerable time can be profitably spent, and the matter in the book
+may be much amplified. Here must be laid the basis of future study.
+
+Certain typical instruments deserve careful study. For a student to have
+made out understandingly an official bond, for instance, is for him to
+have gained greatly in intelligence.
+
+It will be of great advantage to the class for the teacher to have a
+complete set of the papers whose forms are given in Appendix A. These may
+be obtained at almost any newspaper office, at a cost of about 50 cents.
+
+A scrap-book or series of envelopes in which to file newspaper clippings
+illustrative of the every-day workings of government, may be made very
+useful. Pupils should be permitted and encouraged to contribute.
+
+One good way to review is for the teacher to give out, say once in two
+weeks, a set of twenty-five or more questions, each of which may be
+answered in a few words; have the pupils write their answers; and the
+correct answers being given by teacher or pupils, each may mark his own
+paper. Each pupil may thus discover where he is strong and where weak.
+
+The questions given for debate may be discussed by the literary society.
+Or for morning exercises, one student may on a certain day present one
+side of the argument, and on the following day the negative may be brought
+out by another student.
+
+A student should not be required to submit his good name to the chances of
+answering a certain set of questions, however excellent, at the
+examination, when from anxiety or other causes he may fall far short of
+doing himself justice. One good plan is to allow each student to make up
+50 percent of his record during the progress of the work, by bringing in,
+say, five carefully prepared papers. One of these may be a _resume_ of
+matter pertaining to his local organization; another may be an account of
+a trial observed, or other governmental work which the student may have
+seen performed; a third may be a synopsis of the president's message; the
+fourth, a general tabulation of the constitution; the fifth, a review of
+some book on government, or a paper on a subject of the student's own
+choice.
+
+Among reference books, every school should have at least the Revised
+Statutes of the state and of the United States, the Legislative Manual of
+the state, a good political almanac for the current year, the
+Congressional Directory, and Alton's Among the Lawmakers.
+
+A Teachers' Manual, giving answers to the pertinent questions contained
+herein, and many useful hints as to the details of teaching Civics, is
+published in connection with this book.
+
+
+
+
+TO STUDENTS.
+
+
+You will notice in chapter one that at the close of nearly every paragraph
+questions are thrown in. They are inserted to help you cultivate in
+yourself the very valuable habit of rigid self-examination. We are all
+liable to assume too soon that we have the thought. Not to mar the look of
+the page, the questions are thenceforward placed only at the close of the
+chapters.
+
+You will soon discover that these questions are so framed as to require
+you to read not only on the lines and _between_ them, but also right down
+_into_ them. Even then you will not be able to answer all of the
+questions. The information may not be in the book at all. You may have to
+look around a long time for the answer.
+
+If you occasionally come to a question which you can neither answer nor
+dismiss from your mind, be thankful for the question and that you are
+bright enough to be affected in this way. You have doubtless discovered
+that some of your best intellectual work, your most fruitful study, has
+been done on just such questions.
+
+After studying a provision of the constitution of the United States, you
+should be able to answer these four questions: 1. What does it _say?_ 2.
+What does it _mean?_ 3. _Why_ was the provision inserted? 4. How is it
+carried into practical effect? Some of the provisions should be so
+thoroughly committed to memory that at any time they may be accurately
+quoted. The ability to quote exactly is an accomplishment well worth
+acquiring.
+
+After you have got through with a line of investigation it is a good thing
+to make a synopsis of the conclusions reached. Hints are given at
+appropriate places as to how this may be done. But the doing of it is left
+to you, that you may have the pleasure and profit resulting therefrom.
+
+Finally, without fretting yourself unnecessarily, be possessed of a "noble
+dissatisfaction" with vague half-knowledge. Try to see clearly. Government
+is so much a matter of common sense, that you can assuredly understand
+much of it if you determine so to do.
+
+
+
+
+STUDIES IN CIVICS.
+
+
+
+
+PRELIMINARY CHAPTER.
+
+
+GOVERNMENT: WHAT IT IS AND WHY IT IS.
+
+At the very beginning of our study, two questions naturally present
+themselves: First. What is government? Second. Why do we have such a
+thing?
+
+These questions are much easier to ask than to answer. The wisest men of
+the ages have pondered upon them, and their answers have varied widely.
+Yet we need not despair. Even boys and girls can work out moderately good
+answers, if they will approach the questions seriously and with a
+determination to get as near the root of the matter as possible.
+
+Beginning without attempting an exact definition of government, because we
+all have a notion of what it is, we notice that only certain animals are
+government-forming. Among these may be mentioned the ant, the bee, and
+man. The fox, the bear, and the lion represent the other class. If we
+should make two lists, including in one all the animals of the first class
+and in the other all those of the second class, we should make this
+discovery, that government-forming animals are those which by nature live
+together in companies, while the other class as a rule live apart. The
+generalization reached is, that _only gregarious animals form
+governments_. We would discover upon further investigation that the
+greater the interdependence of the individuals, the more complex the
+government.
+
+Confining our attention now to man, whose government is the most complex,
+we may put our generalization into this form: Man establishes government
+because _by nature he is a social being_. This may be taken as the
+fundamental reason. Let us now proceed to trace the relation between cause
+and effect.
+
+In order that people may go from place to place to meet others for
+pleasure or business, roads are needed. Some of these roads may cross
+streams too deep for fording, so bridges must be provided. These things
+are for the good of all; they are public needs, and should be provided by
+the public. But "what is every body's business is nobody's business." It
+follows that the public must appoint certain persons to look after such
+things. By the act of appointing these persons, society becomes to that
+extent organized. We see, then, that society organizes in order to provide
+certain public improvements, _to carry on certain public works_.
+
+For his own preservation, man is endowed with another quality, namely,
+selfishness. Sometimes this is so strong in a person as to cause him to
+disregard the rights of others. By experience man has learned that _every_
+person is interested in seeing that conflicting claims are settled on a
+better basis than that of the relative strength of the contestants. In
+other words, all are interested in the prevalence of peace and the
+rightful settlement of disputes. That this work may surely be done, it is
+obvious that society must appoint certain persons to attend to it; that
+is, society organizes _to establish justice._
+
+Communities take their character from that of the individuals composing
+them, therefore communities are selfish. A third reason appears, then, for
+the organization of society, namely, _the common defense._
+
+But this organization of society is the very thing that we call
+government. We may, therefore, answer the two questions proposed at the
+beginning in this way:
+
+_Government is the organization of society to carry on public works, to
+establish justice, and to provide for the common defense._
+
+The term _government_ is also applied to the body of persons into whose
+hands is committed the management of public affairs.
+
+To show that government is a necessity to man, let us imagine a company of
+several hundred men, women, and children, who have left their former home
+on account of the tyranny of the government. So harshly have they been
+treated, that they have ascribed all their misery to the thing called
+government, and they resolve that they will have none in their new home.
+They discover an island in the ocean, which seems never to have been
+occupied, and which appears "a goodly land." Here they resolve to settle.
+
+They help each other in building the houses; each takes from the forest
+the wood that he needs for fuel; they graze the cattle in a common meadow;
+they till a common field and all share in the harvest. For a time all goes
+well. But mutterings begin to be heard. It is found that some are
+unwilling to do their share of the work. It becomes manifest to the
+thoughtful that community of property must be given up and private
+ownership be introduced, or else that the common work must be regulated.
+In the latter case, government is established by the very act of
+regulation; they are establishing justice. If they resolve to adopt
+private ownership, industry will diversify, they will begin to spread out
+over the island, and public improvements will be needed, such as those
+specified above. The conflict of interests will soon necessitate tribunals
+for the settlement of disputes. And thus government would, in either case,
+inevitably be established. A visit from savages inhabiting another island
+would show the utility of the organization for common defense.
+
+Thus government seems a necessary consequence of man's nature.
+
+In this country we have the general government and state governments, the
+latter acting chiefly through local organizations. For obvious reasons,
+the common defense is vested in the general government. For reasons that
+will appear, most of the work of public improvement and establishing
+justice is entrusted to the state and local governments.
+
+These we shall now proceed to study, beginning at home.
+
+
+QUERIES.--Would government be necessary if man were morally perfect? Why
+is this organization of society called _government?_
+
+
+
+
+PART I.
+
+GOVERNMENT WITHIN THE STATE.
+
+
+
+
+
+CHAPTER I.
+
+THE TOWN: WHY AND HOW ORGANIZED; OFFICERS; TOWN BUSINESS.
+
+
+Necessity.--Now instead of a company going to an island to found new
+homes, let us think of immigrants to a new part of a state.
+
+Like the people on the island, they will need roads, bridges, and schools;
+and they will desire to preserve the local peace. Hence they, too, will
+need to organize as a political body.
+
+Size.--Since these people are going to meet at stated periods to agree
+upon the amounts to be put into public improvements and to select officers
+to carry out their wishes, the territory covered by the organization
+should not be very large. It should be of such a size that every one
+entitled to do so can reach the place of meeting, take part in the work
+thereof, and return home the same day, even if he has no team.
+
+Basis.--Will anything be found already done to facilitate matters? Yes.
+Those parts of the state open to settlement will be found surveyed into
+portions six miles square. These squares are called in the survey
+"townships," plainly indicating that they were meant by the general
+government to be convenient bases for the organization of "towns." And
+they have been so accepted.
+
+Draw a township. Subdivide it into sections and number them in accordance
+with the U.S. survey. Subdivide a section into forties, and describe each
+forty. Why do we have such divisions of a township? Locate your father's
+farm. What is the difference between a _township_ and a _town?_ [Footnote:
+In some states the terms "congressional township" and "civil township" are
+used.]
+
+Corporate Powers.--A town is in some respects like an individual. It can
+sue and be sued. It can borrow money. It can buy or rent property needed
+for public purposes. And it can sell property for which it has no further
+use. Because a town can do these things as an individual can it is called
+a corporation, and such powers are called corporate powers.
+
+When we say that "the town" can do these things, we mean of course that
+the people of the town as a political body can do them, through the proper
+officers.
+
+Officers Needed.--The town needs one or more persons to act for it in its
+corporate capacity and to have general charge of its interests.
+
+Should there be one, or more than one? Why? How many are there?
+
+Every business transaction should be recorded, and the town should have a
+recording officer or secretary.
+
+What is the recording officer in this town called? What is his name? Which
+officer would naturally be the custodian of public papers?
+
+It takes money to build bridges and to carry on other public works, and
+the town needs some one to take charge of the public funds.
+
+What is the officer called? Who occupies that position in this town? How
+is he prevented from misappropriating the money belonging to the people?
+
+Our plan for raising public money for local purposes is, in general, that
+each person shall contribute _according to the value of his property._
+Hence the town needs a competent and reliable man to value each person's
+property.
+
+What is such an officer called? What is the name of the one in this town?
+Is any property exempt from taxation? Why? Just how is the value of the
+real estate in the town ascertained for the purpose of taxation? The value
+of the personal property? Get a list and find out what questions this
+officer asks. Read the statement at the bottom of the list carefully, and
+then form an opinion of a person who would answer the questions
+untruthfully for the purpose of lowering his taxes.
+
+The immediate care of the roads will demand the attention of one or more
+officers.
+
+How many in this town? What are such officers called? Name them.
+
+Differences about property of small value sometimes arise, and to go far
+from home to have them settled would involve too much expense of time and
+money; hence the necessity of local officers of justice. These officers
+are needed also because petty acts of lawlessness are liable to occur.
+
+How many justices of the peace are there in each town? Why that number?
+What is the extent of their jurisdiction?
+
+The arrest of criminals, the serving of legal papers, and the carrying out
+of the decisions of justices of the peace, make it necessary to have one
+or more other officers.
+
+What are such officers called? How many in each town? Why? Look up the
+history of this office; it is interesting.
+
+The public schools of the town may be managed either by a town board of
+trustees, who locate all of the school-houses, engage all of the teachers,
+and provide necessary material for all of the schools in the town; or the
+town may be divided into districts, the school in each being managed by
+its own school board.
+
+
+Does the township system or the district system prevail in this state?
+Name some state in which the other system prevails.
+
+
+How Chosen.--In this country most of the public officers are chosen by the
+people interested. The great problem of election is how to ascertain the
+real will of those entitled to express an opinion or have a choice. And
+all the arrangements for conducting elections have in view one of two
+things: either to facilitate voting or to prevent fraud. The town serves
+as a convenient voting precinct.
+
+
+Find out from the statutes or from the town manual or by inquiry, when the
+town meeting is held; how notice is given; how it is known who may vote;
+who are judges of election; how many clerks there are; how voting is done;
+how the votes are counted and the result made known; what reports of the
+election are made. Give the reason for each provision. Can a person vote
+by proxy? Why? What is to prevent a person from voting more than once? If
+the polls are open seven hours, and it takes one minute to vote, how many
+persons can vote at one polling place? What may be done in case there are
+more than that number of voters in the town? How are road overseers
+elected, and in what part of the day? Why then? What other business is
+transacted at town meeting? How do the people know how much money will be
+needed for the coming year's improvements? How do they learn the nature
+and expense of last year's improvements?
+
+Give four general reasons for our having towns.
+
+       *       *       *       *       *
+
+PRACTICAL WORK FOR STUDENTS.
+
+I. ORGANIZING A TOWN.
+
+Prepare in due form a petition to the proper authorities asking that a new
+town be organized. [Footnote: For forms see Appendix. If necessary, all
+the pupils in the room or school may act as "legal voters." (This
+"Practical Work" may be omitted until the review, if deemed best.)] Be
+sure that the order establishing the new town is duly made out, signed,
+attested and filed. Give reasons for each step.
+
+
+II. HOLDING ANNUAL TOWN MEETING.
+
+1. Preliminary.--What report does each road overseer make to the
+supervisors? When is the report due? What do the supervisors require this
+information for?
+
+Who gives notice of the town meeting? When? How?
+
+When does the town treasurer make his report to the persons appointed to
+examine his accounts? When does this examination take place? What is its
+purpose?
+
+What report does the board of supervisors make to the people at the town
+meeting? When is it prepared? Why is it necessary?
+
+Why so many preliminaries?
+
+2. The Town Meeting.--That everything may be done "decently and in order,"
+it will be necessary to consult carefully the statutes or the town manual.
+Be sure
+
+ (a) That the proper officers are in charge.
+ (b) That the order of business is announced and followed.
+ (c) That the polls are duly declared open.
+ (d) That the voting is done in exact accordance with law.
+ (e) That general business is attended to at the proper time.
+ (f) That reports of officers are duly read and acted upon.
+ (g) That appropriations for the succeeding year are duly made.
+ (h) That the minutes of the meeting are carefully kept.
+ (i) That the polls are closed in due form.
+ (j) That the votes are counted and the result made known according to law.
+ (k) That all reports of the meeting are made on time and in due form.
+
+3. After Town Meeting.--See that all officers elected "qualify" on time
+and in strict accordance with law. Especial care will be needed in making
+out the bonds.
+
+Town clerk must certify to proper officer the tax levied at town meeting.
+
+
+III. LAYING OUT AND MAINTAINING ROADS.
+
+1. Laying out a Road.--Make out a petition for a town road, have it duly
+signed and posted. In due season present it to the supervisors who were
+elected at your town meeting.
+
+The supervisors, after examining the petition carefully and being sure
+that it is in proper form and that it has been duly posted, will appoint a
+time and place of hearing and give due notice thereof.
+
+When the day of hearing arrives they will examine the proofs of the
+posting and service of the notices of hearing before proceeding to act
+upon the petition.
+
+Having heard arguments for and against the laying of the road, the
+supervisors will render their decision in due form.
+
+In awarding damages, the supervisors will probably find four classes of
+persons: first, those to whom the road is of as much benefit as damage,
+and who admit the fact; second, those who should have damages, and are
+reasonable in their demands; third, those who claim more damages than they
+are in the judgment of the supervisors entitled to; and fourth, those who
+from some cause, (absence, perhaps,) do not present any claim. From the
+first class, the supervisors can readily get a release of damages. With
+the second, they can easily come to an agreement as to damages. To the
+third and fourth, they must make an award of damages. Let all of these
+cases arise and be taken care of.
+
+The supervisors must be careful to issue their road order in proper form,
+and to see that the order, together with the petition, notices, affidavits
+and awards of damages, are filed correctly and on time. The town clerk
+must read the law carefully to ascertain his duty, and then perform it
+exactly. See that fences are ordered to be removed. Let one of the persons
+who feels himself aggrieved by the decision of the supervisors, "appeal"
+to a proper court. Let this be done in due form. As each step is taken,
+let the reasons for it be made clear.
+
+2. Maintaining Roads.--Road overseers return the list of persons liable to
+road labor. How are these facts ascertained, and when must the "return" be
+made?
+
+Supervisors meet and assess road labor, and sign road tax warrants. When
+and how is this done?
+
+How is the road tax usually paid? How else may it be paid? How does the
+overseer indicate that a person's tax is paid? If a person liable to road
+tax does not "commute," and yet neglects or refuses to appear when duly
+notified by the road overseer, what can the latter do about it? How is
+delinquent road tax collected? How can a person who has paid his tax prove
+that he has paid it?
+
+Under which of the three great purposes of government mentioned in the
+preliminary chapter does the making of roads come?
+
+
+
+
+THE TOWN--_Continued_.
+
+THE SCHOOLS.
+
+
+Does the town system or the district system prevail in this state? If the
+latter, tell how a school district is organized. Give an account of the
+organization of this district.
+
+How many and what officers have charge of the schools? State the duties of
+each. Name the officers in this district. When are the officers chosen,
+and how long do they serve? Are all chosen at once? Why? How do they
+"qualify?" Are women eligible to school offices? To any other?
+
+Did you ever attend the annual meeting? When is it held? Why held then?
+Who take part? What business is transacted? What are "special" school
+meetings?
+
+What expenses must be met in having a school? Where does the money come
+from? How does the treasurer get it into his possession? What is to
+prevent his misusing it?
+
+By whom is the teacher chosen? Why not elect the teacher at the annual
+meeting? Get a teacher's contract and find out who the contracting parties
+are, and what each agrees to do. Why is the contract in writing? How many
+copies of it are made? Who keep them, and why?
+
+If you had a bill against the district, how would you proceed to get your
+money? If the district refused or neglected to pay you, what could you do?
+If some one owed the district and refused to pay, what could it do?
+
+Who owns the school buildings and grounds? How was ownership obtained? If
+it seemed best to erect a new schoolhouse in some other part of the
+district, what could be done with the present buildings and grounds? Could
+the district buy land for other than school purposes? Could it lend money
+if it had any to spare? If the district had not money enough to erect its
+buildings, what could it do? What are the corporate powers of a district?
+
+
+_Questions for Debate._
+
+_Resolved,_ That it is unfair to tax a bachelor to support a school.
+
+_Resolved,_ That the town system is better than the district system.
+
+
+
+
+CHAPTER II.
+
+PRIMITIVE MODES OF ADMINISTERING JUSTICE.
+
+
+Trial by Ordeal.--Boys settle some matters about which they cannot agree
+by "tossing up a penny," or by "drawing cuts." In a game of ball they
+determine "first innings" by "tossing the bat." Differences in a game of
+marbles, they settle by guessing "odd or even," or by "trying it over to
+prove it." In all these modes of adjustment there is an appeal to
+_chance._ Probably behind these practices is the feeling that the boy who
+ought to win will somehow guess right. This appealing to chance to settle
+questions of fact is characteristic of society in its primitive state.
+Modes of establishing justice similar in principle to these boy practices
+prevail to this day among superstitious peoples. They have prevailed even
+in Europe, not only among people of low mental power, but also among the
+cultured Greeks. Among our own Saxon ancestors the following modes of
+trial are known to have been used: A person accused of crime was required
+to walk blindfolded and barefoot over a piece of ground on which hot
+ploughshares lay at unequal distances, or to plunge his arm into hot
+water. If in either case he escaped unhurt he was declared innocent. This
+was called Trial by Ordeal. The theory was that Providence would protect
+the innocent.
+
+Trial by Battle.--Sometimes boys settle their disputes by _fighting_.
+This, too, was one of the modes of adjudication prevalent in early times
+among men. Trial by Battle was introduced into England by the Normans. "It
+was the last and most solemn resort to try titles to real estate."
+[Footnote: Dole's Talks about Law, p. 53.] The duel remained until
+recently, and indeed yet remains in some countries, as a reminder of that
+time. And disputes between countries are even now, almost without
+exception, settled by an appeal to arms. Perhaps the thought is that "he
+is thrice armed that hath his quarrel just." Sometimes when one of the
+boys is too small to fight for his rights, another boy will take his part
+and fight in his stead. Similarly, in the Trial by Battle, the parties
+could fight personally or by "champion." Interesting accounts of this mode
+of trial are given by Green and Blackstone, and in Scott's "Talisman."
+
+Arbitration.--Two boys who have a difference may "leave it to" some other
+boy in whom they both have confidence. And men did and do settle disputes
+in a similar way. They call it settlement by Arbitration.
+
+A boy would hardly refer a matter for decision to his little brother. Why?
+
+Folk-Moot.--Still another common way for two boys to decide a question
+about which they differ is to "leave it to the boys," some of whom are
+knowing to the facts and others not. Each of the disputants tells his
+story, subject to more or less interruption, and calls upon other boys to
+corroborate his statements. The assembled company then decides the matter,
+"renders its verdict," and if necessary carries it into execution. In this
+procedure the boys are re-enacting the scenes of the _Folk-moot_ or town
+meeting of our Saxon ancestors.
+
+Boy-Courts.--Let us look at this boy-court again to discover its principal
+elements.
+
+In the first place, we see that _every_ boy in the crowd feels that he has
+a right to assist in arriving at the decision, that "the boys"
+collectively are to settle the matter. In other words, that _the
+establishment of justice is a public trust._ So our Saxon forefathers used
+to come together in the Folk-moot and as a body decide differences between
+man and man. The boys have no special persons to perform special duties;
+that is, no court officers. Neither, at first, did those old Saxons.
+
+Secondly, in the boy-court the _facts_ in the case are brought out by
+means of _witnesses_. So it was in the Folk-moot, and so it is in most
+civilized countries today. Among those old Saxons the custom grew up of
+allowing the facts in the case to be determined by _twelve_ men of the
+neighborhood, _who were most intimately acquainted with those facts_. When
+they came over to England these Saxons brought this custom with them, and
+from it has been developed the Trial by Jury. The colonists of this
+country, most of whom came from England, brought with them this important
+element in the establishment of justice, and it is found today in nearly
+all the states.
+
+Again, when in the boy-court the facts of the case have been established
+and it becomes necessary to apply the rules of the game to the particular
+case, the boys frequently, invariably in difficult cases, turn to some boy
+or boys known to be well versed in the principles of the game, and defer
+to his or their opinion. And, similarly, in the Folk-moot, much deference
+was paid in rendering judgment to the old men who for many years had
+helped to render justice, and who, in consequence, had much knowledge of
+the customs, unwritten laws, in accordance with which decisions were
+rendered. In this deference to one or more persons who are recognized as
+understanding the principles involved in the case, we see the germ of
+_judgeship_ in our present courts.
+
+And finally, a boy naturally reserves the right, mentally or avowedly, of
+_appealing_ from the decision of the boys to the teacher or his father, in
+case he feels that he has been unjustly dealt with.
+
+Thus we see that the principal elements of the courts of today, the
+establishment of justice as a public trust, the determination of the facts
+by means of witnesses and a jury, the application of the law by one or
+more judges, the right of appeal to a higher court, are not artificial,
+but in the nature of things. We inherited them from our primitive
+ancestors, and in that sense they may be said to have been imposed upon
+us. But their naturalness appears in the fact that boys when left to
+themselves introduce the same elements into their boy-courts.
+
+
+CHANGES MADE IN COURSE OF TIME.
+
+In the Jury System.--The jurors were originally, as has been said, persons
+acquainted with the facts. After the Norman conquest, it came about that
+the jury consisted of twelve persons disinterested and _unacquainted_ with
+the facts. Probably the change gradually came about from the difficulty of
+getting twelve men eligible to the jury who knew of the facts. Persons
+ineligible to the jury were then invited to give it information, but not
+to join it in the verdict. The next step, taken about 1400 A.D., was to
+require these witnesses to give their evidence in open court, subject to
+examination and cross-examination. The testimony of the witnesses,
+however, was still merely supplementary. Then in the time of Queen Anne,
+about 1707 A.D., it was decided that any person who had knowledge of the
+facts of the case should appear as a _witness_, that the jury should
+consist of persons unacquainted with the facts, and that the verdict
+should be rendered in accordance with the evidence. And so it is to this
+day, both in England and America. [Footnote: The best history of the jury
+system is probably Forsyth's.]
+
+"It is not true, however, that a man is disqualified from serving on a
+jury simply because he has heard or read of the case, and has formed and
+expressed some impression in regard to its merits; if it were, the
+qualifications for jury service in cases that attract great attention
+would be ignorance and stupidity. The test, therefore, is not whether the
+juryman is entirely ignorant of the case, but whether he has formed such
+an opinion as would be likely to prevent him from impartially weighing the
+evidence and returning a verdict in accordance therewith." [Footnote:
+Dole's Talks about Law, p. 59.]
+
+In the Officers.--As has been said, there were in the old Saxon courts no
+court officers. But quite early the necessity for such officers became
+manifest. And several of the offices then established have come down to
+us. Some of them, however, have been so modified in the progress of time
+as to be hardly recognizable.
+
+
+
+
+CHAPTER III.
+
+PROCEEDINGS IN A JUSTICE COURT.
+
+
+I. IN ORDINARY CIVIL ACTIONS.
+
+Definitions.--A _Civil Action_ is one having for its object the protection
+or enforcement of a private right or the securing of compensation for an
+infraction thereof. For instance a suit brought to secure possession of a
+horse, or to secure damages for a trespass is a civil action. The person
+bringing the action is called the _plaintiff_; the one against whom it is
+brought, the _defendant_. The plaintiff and the defendant are called the
+_parties_ to the action.
+
+_Jurisdiction._--A justice of the peace has jurisdiction within the county
+in most civil actions when the amount in controversy does not exceed a
+certain sum, usually one hundred dollars. (See p. 296.)
+
+
+PRELIMINARY TO TRIAL.
+
+_Complaint and Summons._--In bringing a civil action, the plaintiff or his
+agent appears before the justice of the peace and files a Complaint. In
+this he states the cause of the action. The justice then issues a Summons.
+This is an order to a sheriff or constable commanding him to notify the
+defendant to appear before the justice at a certain time and place to make
+answer to the plaintiff's demands. (Form on p. 277.)
+
+Sometimes on bringing an action or during its progress a writ of
+attachment is obtained. To secure this writ, the creditor must make
+affidavit to the fact of the debt, and that the debtor is disposing or
+preparing to dispose of his property with intent to defraud him, or that
+the debtor is himself not reachable, because hiding or because of
+non-residence. In addition, the creditor must give a bond for the costs of
+the suit, and for any damages sustained by the defendant. The justice then
+issues the writ, which commands the sheriff or constable to take
+possession of and hold sufficient goods of the debtor and summon him as
+defendant in the suit.
+
+Another writ sometimes used is the writ of replevin. To secure this writ,
+the plaintiff must make affidavit that the defendant is in wrongful
+possession of certain (described) personal property belonging to the
+plaintiff. The plaintiff then gives a bond for the costs of the suit and
+for the return of the property in case he fails to secure judgment, and
+for the payment of damages if the return of the property cannot be
+enforced, and the justice issues the writ. This commands the sheriff or
+constable to take the property described and turn it over to the
+plaintiff, and to summon the defendant as before.
+
+Pleadings.--The next step in the process, in any of the cases, is the
+filing of an Answer by the defendant, in which he states the grounds of
+his defense. The complaint of the plaintiff and the answer of the
+defendant constitute what are called the pleadings. [Footnote: For a more
+extensive discussion of pleadings, see chapter VII.; or Dole, pp. 30-42.]
+If the answer contains a counter-claim, the plaintiff is entitled to a
+further pleading called the Reply. The pleadings contain simply a
+statement of the facts upon which the parties rely in support of their
+case. No evidence, inference or argument is permitted in them.
+
+Issue.--It is a principle of pleading that "everything not denied is
+presumed to be admitted." The fact or facts asserted by one party and
+denied by the other constitute the issue. If the defendant does not make
+answer on or before the day appointed in the summons and does not appear
+on that day, judgment may be rendered against him. If the plaintiff fail
+to appear, he loses the suit and has to pay the costs. For sufficient
+cause either party may have the suit adjourned or postponed for a short
+time.
+
+Jury.--On demand of either party a jury must be impaneled. The jury
+usually consists of twelve persons, but by consent of the parties the
+number may be less. The jury is impaneled as follows: The justice directs
+the sheriff or constable to make a list of twenty-four inhabitants of the
+county qualified to serve as jurors in the district court, or of eighteen
+if the jury is to consist of six persons. Each party may then strike out
+six of the names. The justice then issues a venire [Footnote: For forms,
+see page 280.] to the sheriff or a constable, directing him to summon the
+persons whose names remain on the list to act as jurors.
+
+Witnesses.--If any of the witnesses should be unwilling to come, the
+justice issues a subpoena [Footnote: For forms, see page 279.] commanding
+them to appear. The subpoena may contain any number of names and may be
+served by any one. It is "served" by reading it to the person named
+therein, or by delivering a copy of it to him. A witness, however, is not
+bound to come unless paid mileage and one day's service in advance.
+
+
+THE TRIAL.
+
+Opening Statement.--The usual procedure is as follows: After the jury has
+been sworn, the plaintiff's attorney reads the complaint and makes an
+opening statement of the facts which he expects to prove. The purpose of
+the opening statement is to present the salient points of the case, so
+that the importance and bearing of the testimony may be readily seen by
+the jury.
+
+Evidence.--The evidence [Footnote: The most important Rules of Evidence
+are given in chapter VII.] for the plaintiff is then introduced. Each
+witness, after being duly sworn, gives his testimony by answering the
+questions of counsel. After the direct examination by the plaintiff's
+attorney, the witness may be cross-examined by the attorney for the
+defendant. When the evidence for the plaintiff is all in, the defendant's
+attorney makes his opening statement, and then the witnesses for the
+defense are examined. The direct examination is now, of course, conducted
+by the counsel for the defendant, and the cross-examination by opposing
+counsel. When all the evidence for the defense has been introduced, the
+plaintiff may offer evidence in "rebuttal," that is, to contradict or
+disprove new matter adduced by the defense. And the defendant may then
+introduce evidence to refute matter first brought out by the rebuttal.
+
+Argument.--The case is now ready for "argument." One attorney on each side
+addresses the jury. Each tries to show that the evidence adduced has
+proved the facts alleged in his pleadings, and each asks for a decision in
+favor of his client. Usually the side upon which rests the burden of proof
+has the closing argument.
+
+Counsel must confine themselves to the law, the admitted facts and the
+evidence.
+
+Verdict.--The jury then retire in care of an officer to a room set apart
+for their use. Here they deliberate in secret. If after a reasonable time
+they cannot agree, they are discharged, and the case stands as if no trial
+had taken place. But if they agree they return to the court room and
+render their verdict. This is given by the foreman, and is assented to by
+the rest.
+
+Judgment.--After the verdict, the justice enters judgment in accordance
+therewith. Judgment may include certain sums of money allowed to the
+successful party in part compensation of his expenses. Such allowances and
+certain court expenses are called "the costs."
+
+
+AFTER THE TRIAL.
+
+Appeal.--If the defeated party feels that he has not been justly dealt
+with, he may ask for a new trial. If this be refused he may appeal his
+case to a higher court. He must make affidavit that the appeal is not
+taken for the purpose of delay, and must give bonds to cover the judgment
+and the costs of appeal. The higher court affirms or reverses the
+judgment, in the latter case granting a new trial.
+
+Sometimes the case is tried anew in the higher court, just as if there had
+been no trial in the justice court.
+
+Execution.--If no appeal is taken the defeated party may "satisfy" the
+judgment, that is, pay to the justice the sum specified therein. If at the
+expiration of the time allowed for appeal the judgment remains
+unsatisfied, the justice may issue an execution [Footnote: For forms, see
+Appendix, pp. 282-3.] against the property of the debtor.
+
+
+II. IN CRIMINAL ACTIONS.
+
+_Jurisdiction._
+
+Justices of the peace have jurisdiction throughout their respective
+counties, as follows:
+
+1. _To try_ charges where the punishment prescribed by law does not exceed
+a fine of one hundred dollars or imprisonment for three months. [Footnote:
+The extent of this jurisdiction varies somewhat in different states.]
+
+2. _To examine_ persons charged with crimes greater than those specified
+above, and to dismiss them or hold them for trial in a court having
+jurisdiction, as the facts seem to warrant.
+
+3. _To prevent_ crimes, by requiring reckless persons to give security to
+keep the peace.
+
+
+PROCEEDINGS IN CRIMINAL TRIAL.
+
+Preliminary.
+
+Complaint.--If a crime has been committed, the sufferer, or any one else,
+may appear before the justice of the peace and make complaint, under oath,
+specifying the nature of the crime, the time of its commission, and the
+name of the person believed to have perpetrated it, and requesting that he
+be apprehended for trial.
+
+Warrant.--If upon careful examination of the complainant and any witnesses
+whom he may bring, it appears that the offense has probably been
+committed, the justice issues a warrant, reciting the substance of the
+complaint, and commanding an officer to arrest the accused and produce him
+for trial.
+
+Return.--The officer arrests the accused, brings him before the justice,
+and makes a return of the warrant. The return is a statement on the back
+of the warrant telling how its commands have been executed. (See p. 283)
+
+Bail.--The accused is entitled to a speedy trial. But if for good cause it
+seems best to postpone it, the accused may be released from custody upon
+giving sufficient bail for his appearance at the time fixed for trial. If
+he cannot furnish bail, he is committed to jail or left in charge of the
+officer.
+
+Subpoena.--One good reason for postponing a trial is to enable the parties
+to secure witnesses. To this end, the justice issues subpoenas. But in
+this case the witnesses must come without the tender of the fee.
+
+_The Trial._
+
+Arraignment.--The first step in the trial proper is to inform the
+defendant of the nature of the crime with which he is charged. The
+accusation, as stated in the warrant, is distinctly read to him by the
+justice, and he is required to plead thereto. If he pleads guilty,
+conviction and sentence may follow at once. If he pleads not guilty, the
+trial proceeds.
+
+Trial.--After the joining of issue, and before the court proceeds to the
+examination of the merits of the case, a jury is impaneled as in a civil
+action. A jury may be waived by the defendant. Then follow the taking of
+the testimony, the arguments of counsel, the consideration and verdict by
+the jury. The defendant is then discharged if not guilty, or sentenced if
+found guilty. The penalty depends, of course, upon the nature of the
+offense.
+
+
+PROCEEDINGS IN EXAMINATION.
+
+Need of Examination.--Over crimes punishable by fine greater than $100 or
+imprisonment for more than three months, a justice of the peace usually
+has no jurisdiction of trial. The action must be tried in the district
+court, on the indictment of a grand jury. But in the meantime the
+perpetrator of a crime might escape. To prevent this, the accused may be
+arrested and examined by a justice of the peace, to ascertain whether or
+not there are sufficient grounds for holding him for trial.
+
+Proceedings.--The preliminary proceedings are precisely like those in case
+of a trial. Upon complaint duly made a warrant is issued, and the accused
+is arrested and brought before the justice. In the presence of the
+accused, the magistrate examines the complainant and witnesses in support
+of the prosecution, upon oath, "in relation to any matter connected with
+such charge which may be deemed pertinent."
+
+Rights of Accused.--The accused has a right to have witnesses in his
+behalf, and to have the aid of counsel, who may cross-examine the
+witnesses for the prosecution.
+
+The Result.--If it appears upon examination that the accused is innocent
+of the crime, he is discharged. If his guilt seems probable, he is held to
+await the action of the grand jury. In the case of some offenses bail may
+be accepted. But if no suitable bail is offered, or if the offense is not
+bailable, the accused is committed to jail. Material witnesses for the
+prosecution may be required to give bonds for their appearance at the
+trial, or in default thereof may be committed to jail.
+
+Reports.--The justice makes a report of the proceedings in the
+examination, and files it with the clerk of the court before which the
+accused is bound to appear for trial.
+
+
+PROCEEDINGS FOR PREVENTING CRIME.
+
+Prefatory.--But it is better to prevent crime than to punish it. Indeed,
+one reason for punishing wrongdoers is that the fear of punishment may
+deter people from committing crime.
+
+Proceedings.--As a conservator of the public peace, then, a justice may
+require persons to give bonds for good behavior. The preliminary
+proceedings are similar to those in the case of a trial--the complaint,
+warrant and return. But the complainant simply alleges upon oath, that a
+crime against his person or property has been threatened. The examination
+is conducted as in case of a criminal offense.
+
+Result.--If upon examination there appears reason to fear that the crime
+will be committed by the party complained of, he shall be required to
+enter into recognizance to keep the peace, failing in which he shall be
+committed to jail for the time to be covered by the surety, said time not
+to exceed six months.
+
+
+REMARKS ON CRIMINAL TRIALS.
+
+The care for the rights of the accused is based upon the principle in our
+law, that every man shall be held innocent till _proved_ guilty. Another
+principle is that a person accused of crime _cannot be tried in his
+absence._ The purpose of arresting him is to secure his _presence_ at the
+trial. If he can guarantee this by bail he is set at liberty, otherwise he
+is confined in jail. (See p. 231.)
+
+
+_Pertinent Questions._
+
+Are the justices and constables town, county or state officers? How is it
+known at the county seat who the justices and constables in each town are?
+Define docket, summons, warrant, pleading, subpoena, crime, felony,
+misdemeanor, venire, costs, execution, recognizance. Why are there two
+justices in each town? What is meant by "change of venue?" How is an oath
+administered in court? What persons may not serve as witnesses? If a
+criminal should make confession of the crime to his lawyer, could the
+lawyer be subpoenaed as a witness on the trial? Name some things "exempt
+from execution" in this state. What is to hinder a bitter enemy of yours,
+if you have one, from having you committed to prison. Can a _civil_ suit
+proceed in the absence of the defendant?
+
+
+_Practical Work._
+
+Assume that John Smith bought from Reuben White a cow, the price agreed
+upon being $30; that Smith refuses to pay, and White sues him. Write up
+all the papers in the case, make proper entries in the docket, assessing
+costs, etc.
+
+
+
+
+CHAPTER IV.
+
+THE INCORPORATED VILLAGE.
+
+
+Need of.--Owing to conditions, natural and artificial, favorable to
+business enterprises, people group together in certain places. Living in a
+limited area, the amount of land occupied by each family is small, and the
+territory is surveyed into lots and blocks. To make each homestead
+accessible, streets are laid out. The distances traveled being short,
+people go about principally on foot; hence the need of sidewalks. To
+reduce the danger of going about after dark, street-lamps are needed. The
+nearness of the houses to each other renders it necessary to take special
+precautions for the prevention of fires, and for their extinguishment in
+case they break out.
+
+But to provide and maintain all these things takes money, and the people
+living in the other parts of the town not sharing the benefits would
+hardly like to help pay for them. Hence it is but just that the people
+living in the thickly settled portion of the town should be permitted to
+separate from the rest and form an organization by themselves.
+
+Again, the circumstances being different, the regulations must be
+different in this part of the town. For instance, in the country a man may
+drive as fast as he pleases, while here fast driving endangers life and
+must be prohibited. In the country sleigh-bells are not needed, while here
+they must be used to warn people of the approach of teams. In the country,
+if a man's house takes fire no other person's property is endangered; but
+here the danger is such that all the people are interested in each man's
+house, and the community may require that chimneys be properly constructed
+and ashes safely disposed of.
+
+How Incorporated.--Villages are, with rare exceptions, incorporated under
+a general law specifying the number of inhabitants, the mode of voting on
+incorporation, etc.
+
+The method in Minnesota, which may be taken as typical, is as follows:
+Upon petition of thirty or more voters resident upon the lands to be
+incorporated, which lands have been divided into lots and blocks, the
+county commissioners appoint a time, and give due notice thereof, when the
+voters "actually residing within the territory described," may vote upon
+the question. If a majority of those voting favor incorporation, the
+commissioners file with the register of deeds the original petition, a
+true copy of the notice of election, and the certificate showing the
+result of the vote. The village thus becomes incorporated, and has the
+usual corporate powers. It organizes by electing officers.
+
+Elective Officers.--The usual elective officers of a village are a
+president, three trustees, a treasurer, and a recorder, who are chosen for
+one year, and two justices of the peace and a constable, elected for two
+years. [Footnote: The difference in term is accounted for by the fact that
+the justices and constables are in a measure county officers.]
+
+The Council and Its Powers.--The president, the three trustees, and the
+recorder constitute the village council. They may make, for the following
+purposes among others, such ordinances or by-laws as they deem necessary:
+
+1. To establish and regulate a fire department; to purchase apparatus for
+extinguishing fires; to construct water-works; to designate limits within
+which wooden buildings shall not be erected; to regulate the manner of
+building and cleaning chimneys, and of disposing of ashes; and generally
+to enact such necessary measures for the prevention or extinguishment of
+fires as may be proper.
+
+2. To lay out streets, alleys, parks, and other public grounds; to grade,
+improve, or discontinue them; to make, repair, improve, or discontinue
+sidewalks, and to prevent their being encumbered with merchandise, snow or
+other obstructions; to regulate driving on the streets; to appoint a
+street commissioner.
+
+3. To erect lamp-posts and lamps, and provide for the care and lighting of
+the lamps.
+
+4. To appoint a board of health, with due powers; to provide public
+hospitals; to regulate slaughter-houses; to define, prevent, and abate
+nuisances.
+
+5. To establish and maintain a public library and reading-room.
+
+6. To prohibit gambling; to prevent, or license and regulate the sale of
+liquor, the keeping of billiard-tables, and the exhibition of circuses and
+shows of all kinds; to appoint policemen, and provide a place of
+confinement for offenders against the ordinances.
+
+7. In general, "to ordain and establish all such ordinances and by-laws
+for the government and good order of the village, the suppression of vice
+and immorality, the prevention of crime, the protection of public and
+private property, the benefit of trade and commerce, and the promotion of
+health, not inconsistent with the constitution and laws of the United
+States or of this state, as they shall deem expedient," and to provide
+penalties for the violation of the ordinances.
+
+All fines and penalties imposed belong to the village.
+
+Appointive Officers.--The council appoints, as provided by law, a village
+attorney, a poundmaster, one or more keepers of cemeteries, one or more
+fire-wardens, and regular and special policemen; and it prescribes the
+duties and fixes the compensation of these officers. The council also
+elects at its first meeting, a village assessor, who shall hold his office
+one year.
+
+Vacancies and Removals.--Vacancies in any of the village offices are
+filled by the council, and it has power to remove any officer elected or
+appointed by it whenever it seems that the public welfare will be promoted
+thereby.
+
+Like Town Officers.--The assessor, treasurer, justices of the peace, and
+constable, have the same duties and responsibilities as the corresponding
+officers in the town. The village has a seal, of which the recorder is the
+custodian; and he is, as has been said, a member of the council. Otherwise
+the duties of the recorder are similar to those of the town clerk.
+
+Elections.--A village usually constitutes one election district and one
+road district. Village elections are conducted as are those in a town.
+
+Enlargements.--Lands adjoining the village may be annexed to it, at the
+wish and with the consent of the voters of the territory and of the
+village. The will of the voters aforesaid is expressed at an election
+called, after due notice, by the county commissioners.
+
+
+_Some Pertinent Questions._
+
+Name the incorporated villages in your county. Any others that you know.
+Name some villages, so-called, which are not incorporated. Why are the
+petition and other papers of incorporation recorded?
+
+Can a person living in a village build a sidewalk to suit his own fancy?
+Why? Suppose that owing to a defective sidewalk you should break your leg,
+what responsibility would lie on the village?
+
+How would you get your pay if you had a bill against a village?
+
+The village council has power "to establish and regulate markets." Why
+should the sale of meats be regulated any more than the sale of flour or
+of clothing? May the sale of bread be regulated?
+
+What is the difference between a policeman and a constable.
+
+Compare the village and the town, telling wherein they are alike and
+wherein they are different.
+
+
+_Debate_.
+
+Resolved, That for a village of 1000 inhabitants or less it is wise not to
+become incorporated.
+
+
+
+
+CHAPTER V.
+
+THE CITY.
+
+
+Need Of.--A village being one election district has only one polling
+place. The community may increase so in numbers as to make it necessary to
+have several voting places. For the accommodation of the people, these
+would naturally be located in different parts of the community; and to
+prevent fraud, voting precincts would have to be carefully defined. The
+council would naturally be made up of representatives from these
+divisions.
+
+When, under this arrangement, the voters assemble in different parts of
+the community, they could not listen to financial reports and vote taxes,
+as they do in the town and the village. Hence it would be necessary to
+endow the council with increased powers, including the power to levy taxes
+without the direct authorization of the people.
+
+The expenses for public improvements, for waterworks, sewers,
+street-lighting, etc., may take more money than it would be prudent to
+assess upon the community for immediate payment. In this case it would be
+desirable for the community to have the power to issue bonds.
+
+Again, with increase in population there is an increase in the number of
+disputes over private rights, and temptations to crime become more
+numerous. Hence the need of one or more courts having jurisdiction greater
+than that possessed by justices of the peace. The conditions necessitate
+also an increase in the number and the efficiency of the police. And to
+render the police efficient it is necessary that they be under the
+direction of one man, the same one who is responsible for the carrying out
+of the ordinances of the council, namely, the mayor.
+
+A community organized to comply with the foregoing requirements--divided
+into wards, having a council made up of aldermen from those wards, having
+a council authorized to levy taxes at its discretion, having a municipal
+court, having regularly employed police acting under the direction of the
+mayor--is a city, as the term is generally used in the United States.
+
+Another reason for establishing a city government is frequently potent,
+although unmentioned. The pride of the community can be thereby indulged,
+and more citizens can have their ambition to hold public office gratified.
+
+How Organized.--A city may be organized under general law or special
+charter from the legislature. Large cities, and small ones with _great
+expectations_, usually work under a charter. But the custom is growing of
+organizing cities at first under general law. Then if a city outgrows the
+general law, grows so that it needs powers and privileges not granted
+therein, it may properly ask the legislature for a special charter.
+
+As a type, the principal provisions of the general law of Minnesota are
+here given, as follows:
+
+"Whenever the legal voters residing within the limits of a territory
+comprising not less than two thousand inhabitants, and not more than
+fifteen thousand, and which territory they wish to have incorporated as a
+city, shall sign and have presented to the judge of probate of the county
+in which such territory is situated, a petition setting forth the metes
+and bounds of said city, and of the several wards thereof, and praying
+that said city shall be incorporated under such name as may therein be
+designated, the judge of probate shall issue an order declaring such
+territory duly incorporated as a city, and shall designate the metes,
+bounds, wards, and name thereof, as in said petition described." And the
+judge of probate designates the time and places of holding the first
+election, giving due notice thereof. He also appoints three persons in
+each ward, of which there shall be not less than two nor more than five,
+to act as judges of election. The corporation is established upon the
+presentation of the petition, and the organization is completed by the
+election of officers.
+
+The usual elective officers of a city are a mayor, a treasurer, a
+recorder, one justice of the peace for each ward, styled "city justice,"
+all of whom shall be qualified voters of the city, and one or more
+aldermen for each ward, who shall be "qualified voters therein." All other
+city officers are appointed.
+
+The term of mayor, city justices and aldermen is in most states two years;
+that of the other officers, one year.
+
+Any officer of the city may be removed from office by vote of two-thirds
+of the whole number of aldermen. But an elective officer must be given "an
+opportunity to be heard in his own defense."
+
+A vacancy in the office of mayor or alderman is filled by a new election.
+A vacancy in any other office is filled by appointment. The person elected
+or appointed serves for the unexpired term.
+
+The Mayor is the chief executive officer and head of the police of the
+city. By and with the consent of the council, he appoints a chief of
+police and other police officers and watchmen. In case of disturbance he
+may appoint as many special constables as he may think necessary, and he
+may discharge them whenever he thinks their services no longer needed.
+
+The City Council consists of the aldermen. [Footnote: In some states the
+city council consists of two bodies.] It is the judge of the election of
+its own members. A majority of the members elected constitutes a quorum
+for the transaction of business.
+
+The council chooses its own president and vice-president. In case the
+mayor is absent from the city or for any reason is temporarily unable to
+act, the president of the council acts as mayor, with the title Acting
+Mayor.
+
+Passing Ordinances.--The mode of passing an ordinance is unlike anything
+that we have considered up to this time, and deserves special attention on
+account of its resemblance to the mode of making laws in the state and
+general governments. It is as follows. If a proposed ordinance is voted
+for by a majority of the members of the council present at any meeting, it
+is presented to the mayor. If he approves it, he signs it, and it becomes
+an ordinance. But if he does not approve it, he returns it, through the
+recorder, to the council, together with his objections. [Footnote: This is
+called _vetoing_ it, from a Latin word _veto_, meaning _I forbid_.]The
+council, then reconsiders the proposed ordinance in the light of the
+mayor's objections. If, after such reconsideration, two-thirds of the
+members elected vote for it, it becomes an ordinance, just as if approved
+by the mayor. "If an ordinance or resolution shall not be returned by the
+mayor within five days, Sundays excepted, after it shall have been
+presented to him," it shall have the same effect as if approved by him.
+
+Publication of Ordinances.--The ordinances and by-laws of the council are
+published in a newspaper of the city, selected by the council as the
+official means of publication, and are posted in three conspicuous places
+in each ward for two weeks, before they become operative.
+
+Council Powers.--The city council has about the same powers as a village
+council in regard to streets, the prevention and extinguishment of fires,
+etc.--the same in kind but somewhat more extensive. But it can also levy
+taxes for public purposes, as has before been said. It usually elects the
+assessor, the city attorney, the street commissioner, and a city surveyor,
+and in some states other officers.
+
+The recorder, treasurer, assessor, justices of the peace, and police
+constables, have duties similar to those of the corresponding officers in
+a village or a town.
+
+
+_Some Pertinent Questions_.
+
+If two persons should claim the same seat in the city council, who would
+decide the matter?
+
+State three ways in which a proposed ordinance may become an ordinance.
+Two ways in which it may fail. How can persons living in a city find out
+what ordinances the council passes? How far are the ordinances of any city
+operative?
+
+Compare the government of a village with that of a city.
+
+Are school affairs managed by the city council? How is it in a village? In
+a town.
+
+If a new school-house is needed in a city, and there is not money enough
+in the treasury to build it, what can be done?
+
+If you live in a city having a special charter, borrow a copy of it from a
+lawyer or from the city recorder, and find out what powers and privileges
+are granted to the corporation not specified in the general law; what
+limitations are imposed; and, if a municipal court is provided for, what
+its jurisdiction is in civil actions and in criminal prosecutions.
+
+Name the principal officers in your city. The aldermen from your ward.
+
+What are some of the dangers of city government? Consult Macy's Our
+Government, pp. 51-53, and Nordhoff's Politics for Young Americans.
+
+
+_Questions for Debate._
+
+Resolved, That for a community of 5000 inhabitants or less a village
+organization is better than a city organization.
+
+
+
+
+CHAPTER VI.
+
+THE COUNTY.
+
+
+Need Of.--A county organization is needed for the following reasons:
+
+1. _To establish the lower organizations_. As we have seen, the
+organizations within the county are established by county officers. But,
+it may properly be asked, why not have them organized by the state
+directly? There are at least three good reasons: In the first place, it
+would be too burdensome to the state; that is, the state would act through
+the legislature, and to organize all the individual school districts,
+towns, villages, and cities, would take up too much of the time of the
+legislature. In the second place, the organizing could only be done at
+certain times, namely during the session of the legislature, and in the
+meantime communities would have to wait. In the third place, the records
+of incorporation would be inaccessible in case they were needed for
+reference.
+
+2. _To serve as a medium between the state and the lower organizations._
+The state uses the town, village, and city to value property for purposes
+of taxation and as election districts. But it gets its taxes and its
+election returns through the county. Here again may arise the question,
+why not send the state taxes directly to the capital and make election
+returns directly also? At least two good reasons appear: It would increase
+the work and therefore the number of officials at the capital, and if a
+mistake should be made it could not be so easily discovered and corrected.
+
+3. _To carry on public works beyond the power of the towns individually._
+A desired local improvement may be beyond the power of a town either
+because it is outside of the jurisdiction of the town or because of its
+expense. Thus, a road may be needed between two centers of population,
+villages or cities, which would run through several towns, while the
+jurisdiction of the towns individually extends only to their own borders.
+Or a bridge over a wide stream may be needed, which would be too expensive
+for the town in which it is located. The road and the bridge would better
+be provided by the county.[Footnote: Sometimes state aid is secured. Do
+you think it wise, as a rule, for the state to grant such aid?] And the
+poor can generally be better cared for by the county than by the
+individual towns, for the county can erect and maintain a poor-house.
+
+4. _To secure certain local officers not needed in every town;_ for
+instance, a register of deeds, the coroner, the judge of probate, the
+superintendent of schools (in most states), and the surveyor.
+
+5. _To serve as a territorial basis for the apportionment of members of
+the legislature._ This is, perhaps, merely an incidental gain. But its
+convenience in defining legislative districts is obvious.
+
+6. _To make justice cheap and accessible._ It is well in many ways, as we
+have seen, to have in every town, village, and city, courts of limited
+jurisdiction. But to _establish justice_ in any generous or satisfying
+sense there should be within the reach of every citizen a court competent
+to try _any_ difference between individuals regardless of the amount in
+controversy, and able to punish any crime against the laws of the state.
+To bring such a court within the reach of every one was the original
+reason for the establishment of the county, and remains today the greatest
+advantage derived from its existence.
+
+Establishment.--Counties are established by the state legislature.
+
+In thinly settled parts of a state the counties are much larger than in
+the populous parts. A county should be large enough to make its
+administration economical, and yet small enough to bring its seat of
+justice within easy reach of every one within its boundaries. In the ideal
+county a person living in any part thereof can go to the county seat by
+team, have several hours for business, and return home the same day.
+
+County Board.--The administration of county affairs is in the hands of the
+county commissioners or supervisors. This board is usually constructed on
+one of two plans: Either it consists of three or five members, the county
+being divided into commissioner districts; or else it is constituted of
+the chairmen or other member of each of the several town boards. The
+former plan prevails in Minnesota, Iowa, and other states; the latter in
+Wisconsin, Michigan, most of Illinois, and in other states.
+
+The commissioners have charge of county roads and bridges, county
+buildings and other county property, and the care of the county poor.
+Through the commissioners the county exercises the usual corporate powers.
+
+Recording Officer.--The recording officer of the county is called in some
+states the county auditor, in others the recorder, and in others the
+county clerk. As we would expect, he is secretary of the board of
+commissioners and the custodian of county papers; and all orders upon the
+treasurer are issued by him. The auditor is also bookkeeper for the
+county, that is, he keeps an account of the money received and paid out by
+the county treasurer.
+
+In Minnesota and some other states, he computes all the taxes for the
+county, [Footnote: In some states, among them Wisconsin, this computation
+is performed by the several town clerks, and the moneys are collected by
+the town treasurers.] and makes the tax-lists, showing in books provided
+for the purpose just how much the tax is on each piece of real estate and
+on personal property. These books he turns over to the county treasurer to
+be used in collecting the taxes.
+
+Treasurer.--The county treasurer is, in some states, one of the most
+important officers. He is the great financial agent, collecting all the
+taxes paid by the people for school, town, village, city, county and state
+purposes, except assessments for city sidewalks and street grading. Great
+care must, therefore, be taken to guard the public money. The precautions
+serve as a check upon weak or dishonest officials, while right-minded ones
+welcome them as keeping their good name above suspicion. As a type, the
+precautions taken in Minnesota are given, to-wit:
+
+1. The selection of an honest man for the office, so far as possible, is a
+prime consideration.
+
+2. The treasurer must give a bond for such amount as the county
+commissioners direct.
+
+3. He shall pay out money only upon the order of proper authority.
+[Footnote: Moneys belonging to school district, town, village, or city,
+are paid on the warrant of the county auditor; county money, on the order
+of the county commissioners, signed by the chairman and attested by the
+county auditor; state money, on the draft of the state auditor in favor of
+the state treasurer.] This order signed by the payee is the treasurer's
+receipt or voucher.
+
+4. He shall keep his books so as to show the amount received and paid on
+account of separate and distinct funds or appropriations, which he shall
+exhibit in separate accounts.
+
+5. The books must be balanced at the close of each day.
+
+6. When any money is paid to the county treasurer, excepting that paid on
+taxes charged on duplicate, the treasurer shall give, to the person paying
+the same, duplicate receipts therefor, one of which such persons shall
+forthwith deposit with the county auditor, in order that the county
+treasurer may be charged with the amount thereof.
+
+7. The county auditor, the chairman of the board of county commissioners,
+and the clerk of the district court, acting as an auditing board,
+carefully examine at least three times a year the accounts, books and
+vouchers of the county treasurer, and count the money in the treasury.
+
+8. The state examiner makes a similar examination at least once a year. No
+notice is given in either case.
+
+9. As security against robbers, the money in the possession of the county
+treasurer must be deposited on or before the first of every month in one
+or more banks. The banks are designated by the auditing board, and must
+give bonds for twice the amount to be deposited.
+
+Register of Deeds.--Without hope of reward no one would work. To encourage
+frugality, people must be reasonably secure in the possession of their
+savings. One of the things for which a person strives is a home.
+Therefore, great care is taken to render a person who has bought a home,
+or other landed property, secure in its possession. Among the means
+employed are these: 1. The purchaser is given a written title to the land.
+This is called a _deed_. 2. In order that any person may find out who owns
+the land, thus preventing a person reputed to own it from selling it, or
+the owner from selling to several persons, a _copy_ of the deed is made by
+a competent and responsible public officer in a book which is kept for
+that purpose and which is open to public inspection. This is called
+_registering_ the deed, and the officer is called the register of deeds.
+[Footnote: Incidentally this officer records other instruments, such as
+official bonds, official oaths, etc.] The register may have assistants, if
+necessary, he being responsible for their work.
+
+Judge of Probate.--But not only should a person enjoy the fruit of his
+labors while living, he should also be able to feel that at his death his
+property shall descend to his family or others whom he loves. Many persons
+before they die make a written statement, telling how they wish their
+property disposed of. This written statement is called a will or
+testament. Some who are possessed of property die without making a will.
+They are said to die _intestate_. To see that the provisions of wills, if
+any be made, are complied with, and, in case no will is made, to make sure
+that the property comes into possession of those best entitled to it, is
+the important and wellnigh sacred duty of an officer called the judge of
+probate. If no one is named in the will to look after the education and
+property of minor heirs, the judge of probate may appoint a guardian. The
+appointee must give bonds for the faithful discharge of his duty.
+[Footnote: see chapter VII.] Incidentally it is made the duty of the judge
+of probate to appoint guardians for any persons needing them, such as
+insane persons, spendthrifts, and the like. He seems to be the friend of
+the weak.
+
+County Surveyor.--To survey all public improvements for the county, such
+as roads, lands for public buildings, &c., there is an officer called the
+county surveyor. He is required to preserve his "field notes" in county
+books furnished for the purpose. Individuals frequently call upon him to
+settle disputes about boundary lines between their estates.
+
+Superintendent of Schools.--Not every one is competent to teach, and to
+protect the children as far as possible from having their time worse than
+wasted by incompetent would-be teachers, is the very responsible duty of
+the county superintendent of schools. From among those who present
+themselves as candidates he selects by a careful examination those whom he
+deems most competent, and gives to each a certificate of qualification. He
+visits the schools and counsels with the teachers regarding methods of
+instruction and management. It is his duty also to hold teacher's
+meetings. He reports annually to the state superintendent of public
+instruction such facts as the superintendent calls for.
+
+County Attorney.--Like railroads and other corporations, the county keeps
+a regularly employed attorney to act for it in all suits at law. This
+officer is called the county attorney. He represents the state in all
+criminal prosecutions and is for this reason sometimes called the state's
+attorney.
+
+Sheriff.--An ancient officer of the county is the sheriff. He has three
+principal lines of duty: 1. To preserve the peace within the county. 2. To
+attend court. 3. To serve processes. He pursues criminals and commits them
+to jail. He has charge of the county jail and is responsible for the
+custody of the prisoners confined in it. He opens and closes each session
+of the district court, and during the term has charge of the witnesses,
+the juries, and the prisoners. It is his duty to carry into execution the
+sentence of the court. He serves writs and processes not only for the
+district court, but also for justices of the peace and court
+commissioners.
+
+Coroner.--Another officer of the county, ancient almost as the sheriff, is
+the coroner. If the dead body of a human being is found under
+circumstances which warrant the suspicion that the deceased came to his
+death by violence, it is the coroner's duty to investigate the matter and
+ascertain if possible the cause of the death. He is aided by a jury
+summoned by him for the purpose.
+
+At a time in early English history when the only county officers were the
+sheriff and the coroner, the coroner acted as sheriff when the latter was
+for any reason incapacitated. And the practice still continues. Thus, if
+there is a vacancy in the office of sheriff, the coroner acts till a new
+sheriff is chosen. And in most states the coroner is the only officer who
+can serve process upon the sheriff or who can arrest him.
+
+Clerk of the Court.--The district court [Footnote: See next chapter.] is a
+"court of record." That is, it has a seal and a special officer to record
+its proceedings. He is called the clerk of the court. He of course also
+files and preserves the papers in each case. He has also certain
+incidental duties.
+
+Court Commissioner.--Court is not always in session, and there are certain
+powers possessed by a judge "in chambers," that is, which the judge may
+exercise out of court. For instance, he may grant a writ of attachment or
+of _habeas corpus_. Where a judicial district comprises several counties,
+as is usually the case, a provision is made in some states for an officer
+in each county authorized to perform such duties in the absence of the
+judge. In Minnesota and most other states he is called the court
+commissioner.
+
+Election and Term.--The county officers are in most sections of the
+country elected by the people of the county. The term is usually two
+years.
+
+Removals and Vacancies.--Provision is made for the removal of any county
+officer for non-feasance or malfeasance in office. The power to remove is
+generally vested in the governor. The accused must be given an opportunity
+to be "heard in his own defense." Vacancies are generally filled by the
+county commissioners. They appoint some one, not one of themselves, to
+serve until the next election.
+
+Qualifying.--Each officer before assuming the duties of his office takes
+the official oath. All of the officers except the commissioners and the
+superintendent of schools are required to give bonds. Copies of these
+bonds are preserved by the register of deeds, and the originals are
+forwarded to the secretary of state.
+
+Compensation.--Compensation is usually by salary or by fees. The matter is
+usually in the hands of the county commissioners, except so far as
+concerns their own compensation, which is fixed by law. This is usually a
+_per diem_.
+
+Eligibility.--Any voter who has resided in the county a certain time
+(usually about thirty days) is eligible to any county office, except that
+of attorney or court commissioner. The former must be a person admitted to
+practice in all the courts of the state. The latter must be a man "learned
+in the law."
+
+In some cases a person may hold two offices at the same time; thus, a
+person may be court commissioner and judge of probate. But no person can
+hold two offices one of which is meant to be a check upon the other. For
+instance, no one could be auditor and treasurer at the same time. In some
+states there is a bar against holding certain offices for two terms in
+succession.
+
+
+_Some Pertinent Questions._
+
+What is the difference between a town road and a county road? Point out
+one of each kind. If you wanted a change in a county road, to whom would
+you apply?
+
+Get a warranty deed and fill it out for a supposed sale. Compare with it a
+mortgage deed. A quitclaim deed. Compare a mortgage deed with a chattel
+mortgage. Account for the differences. If A buys a farm from B and does
+not file his deed, who owns the farm?
+
+If a man possessing some property should get into habits of gambling and
+debauchery, squandering his money and not providing for his family, what
+could be done? On what grounds could this interference by a public officer
+be justified?
+
+Who would be keeper of the jail if the sheriff should be a prisoner? Why
+not one of the deputy sheriffs?
+
+Study out carefully the derivation of the words auditor, sheriff, coroner,
+probate, commissioner, supervisor, superintendent.
+
+The county attorney is usually paid a salary while the register of deeds
+usually gets the fees of his office. What seems to govern in the matter?
+Name the salaried officers in this county. The officers who are paid fees.
+
+To whom are school taxes paid? Town taxes? County taxes? State taxes? How
+much of the money paid at this time goes to the United States?
+
+How does the tax collector know how much to take from each person? From
+whom does he get this book?
+
+The amount of a person's tax depends upon the _value_ of his property and
+the rate of tax. How is the former fact ascertained? To whom, then, does
+the assessor report when he has concluded his labors?
+
+The rate of tax depends upon the amount to be raised and the value of the
+property on which it is to be assessed. Who determines how much money
+shall be raised in a district for school purposes during any year? When is
+this determined? Who records the proceedings of the meeting? To whom must
+he report the amount of tax voted? Who determines how much money is to be
+raised in the town for bridges, etc.? When? Who records the proceedings of
+the meeting? To whom must he report the amount of tax voted? Who vote the
+taxes in a village? When? Who reports to the computing officer? Who vote
+the taxes in a city? Why not the people? When? How reported to the
+computing officer? Who determines how much money is to be raised for
+county purposes? When? Who is secretary of the meeting? To whom does he
+report? Who determines how much money shall be raised for state purposes?
+How does the proper officer become acquainted with the facts necessary to
+the raising of the money?
+
+State the gist of the matter brought out by the questions in the last four
+paragraphs.
+
+How does the school district treasurer get the school district money?
+
+Trace a dollar from the time it leaves a farmer's hand as taxes till it
+reaches the teacher as salary.
+
+If you had a bill against the county how would you get your pay? What
+could you do if pay were refused? Make out in due form a bill against your
+county.
+
+
+
+
+CHAPTER VII.
+
+ESTABLISHING JUSTICE IN THE COUNTY.
+
+
+Classes of Cases.--There are three general classes of judicial business
+carried on in the county: probate business, civil actions, and criminal
+prosecutions.
+
+
+PROBATE COURTS.
+
+Jurisdiction.--The principal business and characteristic work of probate
+courts is the settlement of the estates of deceased persons. Jurisdiction
+extends in most states over both personal property and real estate.
+Incidentally probate courts appoint guardians for minors and others
+subject to guardianship, and control the conduct and settle the accounts
+of such appointees.
+
+In many states jurisdiction wholly extraneous to the characteristic work
+of these courts is imposed upon them, or the probate business is
+associated with other jurisdiction in the same court. Thus, in Minnesota
+the judge of probate is petitioned in the organization of cities, as we
+have seen. In Wisconsin, the county court, which has charge of the probate
+business, has civil jurisdiction also. In Illinois, the county court in
+addition to the probate business has jurisdiction "in proceedings for the
+collection of taxes and assessments." And in Kansas, the probate court has
+jurisdiction in cases of _habeas corpus_.
+
+Procedure in case a Will has been made.--The proceedings of a probate
+court have in view two chief objects, namely, to pay the debts of the
+deceased and to distribute the remainder of his property among those
+entitled to it. In case the deceased has left a will, the proceedings are
+as follows:
+
+1. _Petition for probate._ Within a short time, usually thirty days, after
+the death of the testator, the executor or other custodian of the will
+presents it to the probate court with a petition that it be admitted to
+probate. (For form of petition, see p. 286.)
+
+2. _Citation to persons interested._ Acting on the petition, the probate
+judge publishes in a newspaper a notice to all persons interested in the
+estate that at a specified time, action will be taken on the petition. To
+afford all who are interested an opportunity to be present at the
+"hearing," the notice must be published for a prescribed time, and in some
+states each of the heirs must, if possible, be personally notified.
+
+3. _Hearing the proofs._ At the time specified in the notice, unless
+postponement be granted for cause, the proofs of the validity of the will
+are presented. It must be shown that the testator is dead, that the
+instrument was executed by him voluntarily, in the manner prescribed by
+statute, and while he was of "sound mind and disposing memory." Usually it
+will be sufficient for the two witnesses to the instrument to appear and
+testify to the material facts. If any one interested in the distribution
+of the property thinks that this will should not be accepted as the "last
+will and testament" of the deceased, he should now enter objections. In
+case of a contest, the proceedings are about the same as those in a
+justice or circuit court; but there is no jury in the probate court, nor
+is there any plea except the petition.
+
+4. _Admission to probate._ If the proofs are satisfactory to the court,
+the will is "admitted to probate," that is, it is accepted as true and
+valid. Its validity is established by a decree of the court, and a
+certificate of the fact is attached to the will. A copy of the will is
+made in a book kept for the purpose. The original and all the papers in
+the case are filed and preserved by the judge of probate. (See pp. 287 and
+288.)
+
+5. _Issuance of letters testamentary_. The genuineness of the will being
+established, it is now in order to carry out its provisions. Usually the
+testator designates in his will the person or persons whom he wishes to
+act as his representative in the settlement of the estate. Such a person
+is called an "executor." If no person is so named, the court appoints an
+"administrator with the will annexed." In either case the person derives
+his authority from the court. Unless excused in the will, the executor or
+administrator is required to give bonds proportioned to the amount of the
+personal property in the estate, the amount of bond being specified by the
+court. The executor is then furnished with a copy of the will and with
+"letters testamentary." (The authority granted by the letters may be seen
+by reference to the form in the appendix, p. 288.)
+
+6. _Notice to creditors_. It is a principle of law that all just debts
+shall be paid out of one's property before any further disposition thereof
+can take effect. In order that all persons having claims against the
+estate of the deceased may have an opportunity to present their accounts,
+a time for such presentation is designated by the court, and due notice
+thereof is given, usually by publication in a newspaper.
+
+7. _Inventory of the estate_. In the meantime, the executor makes an
+inventory of the property, and appraisers appointed for the purpose "put a
+value" thereon, the several items of the inventory being valued
+separately.
+
+8. _Auditing claims._ At the time appointed in the notice, the court
+passes upon the claims of creditors. Since unscrupulous persons are at
+such times tempted to present fraudulent claims, the judge exercises great
+care in examining the accounts. To facilitate matters it is required that
+accounts be itemized, and that they be verified by oath.
+
+Debts are paid out of the personal property, if there be enough. If not,
+the court authorizes the executor to sell real estate to pay the balance.
+
+9. _Settlement of estate and division of property._ The executor having
+collected debts due the estate and settled all claims against it, makes
+his final statement to the court, and the remaining property is
+distributed among the heirs and legatees. To continue and perfect the
+chain of title, the division of the real estate is recorded in the office
+of the register of deeds.
+
+If there are minor heirs, the court appoints guardians for them.
+
+Procedure in case no Will is made.--If there is no will, the four steps
+which have in view the establishment of the validity of the will, are
+unnecessary. The initial step in this case is the appointment of an
+administrator to do the work which under a will is done by the executor.
+In order that an administrator acceptable to the heirs may be appointed,
+the following steps are taken:
+
+1. Someone interested in the estate petitions for the appointment of a
+certain person as administrator.
+
+2. Notice of hearing is given by publication, citing those interested in
+the estate to appear at a certain day if they desire to enter any
+objection to the appointment.
+
+3. If at the time specified for the hearing no objection is made, the
+person petitioned for is appointed administrator, and "letters of
+administration" are issued to him.
+
+Then beginning with the sixth step the proceedings are substantially the
+same as in case of a will, except that the basis of distribution in the
+ninth is the _law_ instead of the _will_.
+
+"As befits an authority which thus pervades the sanctity of a household,
+crosses the threshold and exposes to public view the chamber of mourning,
+probate jurisdiction in the United States is exercised with great
+simplicity of form as well as decorum." [Footnote: Schouler's Executors
+and Administrators.]
+
+
+_Some Pertinent Questions._
+
+What is a will? [Footnote: See Dole's Talks about Law.] Why must it be in
+writing? Must it be in the handwriting of the testator? Why are the
+witnesses essential? Is the form of a will essential? Is it necessary that
+the witnesses know the contents of the will?
+
+What is the difference between an heir and a legatee? May either be
+witness to the will? Why? If the witnesses die before the testator, how
+can the will be proved?
+
+What is a codicil? If there be two wills of different dates, which will
+stand? What difference does it make whether a person having property makes
+a will or not?
+
+Group the proceedings in case of a will into three groups.
+
+A minor may have two guardians, one of its person and the other of its
+property? Why? What is to hinder a guardian from abusing his trust?
+
+
+DISTRICT, CIRCUIT OR SUPERIOR COURTS.
+
+Jurisdiction.--This court has original jurisdiction in all civil and
+criminal cases within the district which do not come within the
+jurisdiction of the justice courts. It has appellate jurisdiction from
+probate and justice courts as provided by law.
+
+Procedure.--The proceedings are substantially the same as in a justice
+court except that in criminal cases they are based upon an indictment by
+the grand jury, and after the arguments the judge "charges" the jury, that
+is, instructs it regarding its duty.
+
+Pleadings.--The pleadings in the district court are somewhat more
+elaborate than in a justice court, and a few words in regard to them
+further than what has already been given may not be out of place here.
+
+The defendant in making his plea may raise a question as to the
+jurisdiction of the court, or he may ask that the case be thrown out of
+court on account of some irregularity of the writ upon which it is based.
+Since these pleas, if successful, simply delay the trial, because a new
+suit may afterwards be brought, they are called _dilatory pleas_.
+
+But he may deny the plaintiff's ground of action by denying the
+allegations of the plaintiff and challenging him to trial. This plea is
+called the general issue. He may admit the plaintiff's allegations but
+plead other facts "to avoid their effect." This is called the plea of
+confession and avoidance. These pleas are on the merits of the case, and
+are called _pleas in bar_. There are other pleas of this kind.
+
+"Pleas in bar, except the general issue, may give rise to counter pleas"
+introduced by the parties alternately.
+
+But the issue may be one of law instead of fact, and the defendant may
+enter a _demurrer_, claiming that the matters alleged are not sufficient
+in law to sustain the action.
+
+Evidence.--Some of the fundamental principles or rules which govern the
+taking of evidence and the weighing of testimony may properly appear here.
+These rules are designed to exclude all irrelevant matter and to secure
+the best proof that can be had.
+
+1. _Witnesses must be competent_. That is, in general, they must be able
+to understand the nature and solemnity of an oath. This will usually
+exclude children below a certain age, insane persons and persons drunk at
+the time of offering testimony.
+
+2. _Witnesses must testify of their own knowledge_. Usually they are
+barred from telling what they simply believe to be the fact or what they
+have learned from hearsay.
+
+3. _Evidence must go to prove the material allegations of the pleadings_.
+It must be confined to the question at issue. It is to be observed that
+the evidence must not only go to prove the matter alleged, but it must be
+the _material_ not the superfluous matter. What is material and what
+superfluous will depend upon the case. Thus if it is alleged that a suit
+of clothes was obtained by the defendant at a certain time, his obtaining
+the clothes is the material fact and the time may be superfluous or
+immaterial. But if a note is in controversy its date is material as
+establishing its identity.
+
+4. _"The evidence must be the best of which the case is susceptible."_
+Thus, in case of a written instrument the best evidence is the instrument
+itself; the next best, a copy of it; the next, oral statement of its
+contents. And a copy will not be accepted if the original can be produced.
+
+5. _The burden of proof lies on the affirmative_. In civil cases the party
+affirming is usually the plaintiff. In criminal cases it is the state.
+Harmonizing with this principle is the constitutional provision that in
+criminal cases the accused shall not be required to give evidence against
+himself.
+
+These are the principal rules of evidence, but they have many
+applications. Learned volumes have been written elaborating them.
+
+Grand Jury.--A grand jury may be defined as a body of men returned at
+stated periods from the citizens of the county, before a court of
+competent jurisdiction, chosen by lot, and sworn to inquire of public
+offenses committed or triable in the county.
+
+The number of grand jurors was formerly twenty-three. By statute many of
+the states have fixed upon a smaller number, Oregon having only seven. A
+common number is fifteen. Some states have no grand jury. In some others
+the grand jury is summoned only when requested by the court.
+
+The United States constitution and most of the State constitutions declare
+that no person shall be held to answer for a criminal offense, except a
+minor one, "unless on the presentment or indictment of a grand jury." This
+is to save people from the vexation and expense of arrest and trial unless
+there is reasonable presumption of their guilt. On the other hand, a grand
+jury should aid in bringing to justice persons who indulge in practices
+subversive of public peace, but which individuals are disinclined to
+prosecute, such as gambling. Incidentally the grand jury examines into the
+condition of the county jail and poor-house.
+
+The mode of selecting grand jurors is in general the same in all the
+states. The steps are three: first, the careful preparation of a list of
+persons in the county qualified to serve; second, the selection, by lot,
+from this list of the number of persons needed; third, the summoning of
+the persons so chosen. The number of persons in the first list is from two
+to three times the number of jurors. The preparation of the list is in
+some states entrusted to the county board; in others, to jury
+commissioners; in others, to the local boards. The names are reported to
+the clerk of the court, who in the presence of witnesses, makes the
+selection by lot. The summoning is done by the sheriff.
+
+On the first day of the term, the court appoints one of the jurors
+foreman. The jury is then sworn, and, after being charged by the court,
+retires to a private room and proceeds to the performance of its duty.
+
+The deliberations of the grand jury are conducted in secret. It may,
+however, summon and examine witnesses, [Footnote: Witnesses for the
+accused are not usually examined by the grand jury.] and may have the
+advice of the court or of the county attorney.
+
+The fact that a crime has been committed within the county may be brought
+to the notice of the grand jury by any member thereof or by any other
+person. If upon examination there seems to be reason for believing that it
+was committed by the person accused, the county attorney is called upon to
+frame a formal accusation against him, called an _indictment_, which is
+endorsed with the words "a true bill," and sent to the court. Upon the
+indictment the person accused is arrested and tried.
+
+If the evidence against the accused is insufficient to warrant indictment,
+but yet his innocence is questionable, the grand jury may bring a
+_presentment_ against him. This is an informal statement in writing
+addressed to the court setting forth the offense and stating that there is
+a reasonable probability that a certain person, named, has committed it. A
+person arrested on a presentment is examined before a justice of the peace
+or other magistrate, as if arrested on a complaint. Neither an indictment
+nor a presentment can issue except upon concurrence of the number of grand
+jurors specified by statute. Under former practice the jury numbered
+twenty-three and the concurrence of twelve was necessary.
+
+The grand jury is bound to investigate the charge against any one held by
+a justice "to await the action of the grand jury;" also any charge brought
+by a member of the grand jury. And conversely it is the sworn duty of each
+member to report any crime known by him to have been committed within the
+county. Any outsider may file information or bring charges, but the grand
+jury may use its own judgment as to the necessity of investigating them.
+
+Petit Jury.--A petit jury is a body of twelve men impaneled and sworn in a
+district court to try and determine by a true and unanimous verdict, any
+question or issue of fact, in any civil or criminal action or proceeding,
+according to law and the evidence as given them in court.
+
+The mode of selecting petit jurors is in general the same as that pursued
+in selecting grand jurors. The "list of persons qualified to serve" is,
+however, usually larger. The "selection by lot" is made thus: slips of
+paper, each containing one of the names, are folded and deposited in a
+box. The box is shaken, and the prescribed number of slips is drawn. The
+persons whose names thus appear are summoned as jurors.
+
+When an action is called for trial by jury, the clerk draws from the jury
+box the ballots containing the names of the jurors, "until the jury is
+completed or the ballots exhausted." If necessary, the sheriff under
+direction of the court summons bystanders or others in the county to
+complete the jury. Such persons are called _talesmen_.
+
+To secure an impartial jury, each party may object to or "challenge," a
+number of the jurors. The challenge may be "peremptory" or "for cause."
+The peremptory challenge, as its name implies, is one in which no reason
+need be assigned. The number of such challenges must, of course, be
+limited. In civil suits it is usually limited to three by each party. In
+criminal cases, the state has usually two peremptory challenges and the
+defendant five. If the offense is punishable with death or state prison
+for life, the state has in Minnesota seven peremptory challenges and the
+defendant twenty.
+
+Challenges for cause may be either general or particular. A general
+challenge of a proposed juror may be made on the basis of his incompetency
+or unworthiness to act in such capacity in _any_ action. A particular
+challenge may be based on some bias in this particular case which would
+unfit the proposed juror for rendering an impartial verdict.
+
+Habeas Corpus.--Not connected directly with trials but related to the
+district court is the writ of _habeas corpus_. This is the most famous
+writ in law, and has been styled "the chief bulwark of liberty." It was
+designed originally to secure a person from being detained in prison
+without due process of law, and it served as a mighty check upon arbitrary
+power. Its operation has been extended so as to include any detention
+against the will of the person detained. The writ, as will be seen by
+reference to the appendix (p. 290), commands the person holding another in
+custody to bring him before the judge and show cause for the detention. If
+the judge finds that the prisoner is detained for cause he remands him to
+custody; if not he orders his discharge.
+
+Concluding Remarks.--This discussion might easily be continued. Volumes
+have been written on the administration of justice. But perhaps enough has
+been given to show that great care is taken to protect the interests of
+the innocent and to do equal and exact justice to all. In view of flippant
+remarks sometimes made regarding courts of justice, it is pertinent and
+proper to go at least so far into detail. The study of Civil Government
+will have been pursued to little purpose if respect for law be not one of
+its fruits.
+
+
+_Some Pertinent Questions_
+
+How many judicial districts in this state? [Footnote: Consult Legislative
+Manual.] How many counties in the largest? In the smallest? How many have
+more than one judge? Why not let each county constitute a judicial
+district?
+
+If some one owed you $40 and refused to pay, in what court could you sue?
+If he owed you $250? If the suit involved $1,000,000?
+
+What is the relation of the plea to the action? Can anything be proved
+which is not alleged in the plea? Show the purpose of each rule of
+pleading. Of each rule of evidence.
+
+What are the differences between a grand jury and a petit jury? Why is
+each so named?
+
+If a person accused of crime is examined and held by a justice of the
+peace, as stated in a previous chapter, must he be indicted by a grand
+jury before he can be tried? Why? May a person's acts be inquired into by
+the grand jury without his knowing anything about it? May grand jurors
+reveal the proceedings of the jury? Why?
+
+Why is there such a thing as a peremptory challenge of a juror? Why so
+many given to a person accused of crime?
+
+Are lawyers officers of the court? What oath does each take on admission
+to the bar?
+
+
+_Questions for Debate_
+
+Resolved, That trial by jury has outlived its usefulness.
+
+Resolved, That capital punishment is not justifiable.
+
+_References_.--Dole's Talks about Law; Lieber's Civil Liberty and Self
+Government, 234-6; The Century, November 1882; Atlantic Monthly, July 1881;
+North American Review, March 1882 and July 1884.
+
+[Illustration: Papers--Prepare with care the "tabular views" of the town,
+village, city and county, as follows]
+
+
+CHAPTER VIII.
+
+HISTORICAL.
+
+
+Old England.--Not only our language but also very many of our political
+institutions we have inherited from England. But the country now called by
+that name is not the real _old_ England. The fatherland of the English
+race is the isthmus in the northern part of Germany which we now call
+Schleswig. Here dwelt the old Angles or English. To the north of them in
+Jutland was the tribe called the Jutes, and to the south of them, in what
+we now call Holstein and Friesland, dwelt the Saxons. "How close was the
+union of these tribes was shown by their use of a common name, while the
+choice of this name points out the tribe which at the moment when we first
+meet them, in the fifth century, must have been the most powerful in the
+confederacy." [Footnote: Green's History of the English People.] Among
+themselves they bore in common the name of Englishmen.
+
+Among the characteristics of those German ancestors of ours are the
+following: They were very independent; the free landholder was "the
+free-necked man." The ties of kinship were very strong. "Each kinsman was
+his kinsman's keeper, bound to protect him from wrong, to hinder him from
+wrong-doing, and to suffer with and pay for him if wrong were done."
+[Footnote: Green's History of the English People.] They were very much
+attached to home. "Land with the German race seems everywhere to have been
+the accompaniment of full freedom.... The landless man ceased for all
+practical purposes to be free, though he was no man's slave." [Footnote:
+Green's History of the English People.] Among themselves they were quite
+social. Though tillers of the soil they lived, not isolated, but grouped
+together in small villages. This may have been partly for mutual
+protection. They were lovers of law and order.
+
+The Township.[Footnote: See American Political Ideas, pp. 31-63.]--The
+derivation of the word "township" shows us to whom we are indebted for the
+institution itself. The word is derived from the Anglo-Saxon _tun-scipe_.
+_Tun_ meant hedge, ditch or defense; and _scipe_, which we have also in
+landscape, meant _what may be seen_. Around the village before mentioned
+was the _tun_, and beyond were the fields and meadows and woodlands, the
+whole forming the tun scipe or township.
+
+To administer justice and to take any other action for the common good,
+the freemen gathered in _folk-moot_ around the moot hill or the sacred
+tree.
+
+Though the proceedings of these assemblies differed in detail from those
+of our town meetings, both contain the great principle of local self
+government.
+
+The County.[Footnote: See American Political Ideas, pp. 31-63.]--Although
+with us the state is divided into counties and the counties into towns,
+the order of formation was originally the other way. The towns are the
+oldest institutions in our system. Later, from uniting forces in war came
+a union of action among adjoining towns during peace. Thus grew up what
+was called the Hundred.
+
+When in the fifth century the English invaded Britain, many of the
+chieftains or military leaders rose to kingship over small areas. On the
+completion of the conquest these kings struggled among themselves for
+leadership, until finally England became united into one kingdom, and the
+little kingdoms were reduced to shires ruled by earls. With the growth of
+the king's power, that of the underkings or earls grew less. Then other
+shires were formed, and this institution became simply an administrative
+division. After the Norman conquest the French terms count and county came
+into use.
+
+The earnest student will find both pleasure and profit in looking up the
+origin and history of the trial by jury, the criminal warrant, the writ of
+habeas corpus, bail, common law, the general rules of parliamentary
+practice, etc.
+
+Town and County in America.--In New England the most important division of
+the state is the town; in the South it is the county.[Footnote: An
+excellent discussion of this may be found in "Samuel Adams, the Man of the
+Town Meeting," John's Hopkins University Studies in History, Volume II,
+Number 4.] In other states the relative importance of the two
+organizations depends upon the influence to which the state was most
+strongly subjected.
+
+The reason for the difference is found in the character and circumstances
+of the early colonists.
+
+In New England, the church was the center of the community. The severity
+of the climate and the character of the soil made it impracticable to
+cultivate large farms. The colonists had come mainly from the towns of
+England. These considerations and the presence of fierce and unfriendly
+Indians caused the settlers to group themselves into compact settlements.
+Their self assertion prompted them, and their intelligence enabled them,
+to take active part in public affairs. Hence the importance of the town in
+New England.
+
+In the South, the colonies were planted largely in the interests of the
+proprietaries. The leading spirits had been county gentlemen in England
+and they naturally favored the county system. The mass of the people were
+unaccustomed and indifferent to direct participation in the government.
+Again, the warm climate and fertile lands were favorable to large
+plantations and a dispersed population; so that the character of the
+people and the circumstances under which they lived were alike favorable
+to the establishment of the county system pure and simple. To quote the
+pithy statement of Professor Macy, "The southern county was a modified
+English shire, with the towns left out. Local government in New England
+was made up of English towns with the shire left out."
+
+Subsequently counties were formed in New England for judicial purposes,
+but the towns retained the greater number of their functions; and in the
+south, the counties were afterwards subdivided into election and police
+districts, but the administrative power remained with the county.
+
+The Middle States divided the local power between the town and the county.
+
+Migration is chiefly along the parallels of latitude. And people from
+habit and instinct organize new governments largely on the plans to which
+they are accustomed. Hence we are not surprised to find that in the states
+formed south of the line of the Ohio, the county is the principal division;
+while in the northwestern states the town is the important factor. Though
+in the Northwest the county is more important than in New England, the
+influence of the towns in county affairs is generally maintained by the
+selection of members of the county board from the several towns.
+
+Illinois is a good example of the truth of the generalizations at the
+beginning of the preceding paragraph. The state is very long and reaches
+far to the south. The southern part of the state was settled first, and
+almost pure county government prevailed. By and by the northern part began
+to settle, and it grew in population faster than the southern part. The
+town was introduced, and now prevails in all but a few counties.
+
+Can you see the relation of these facts to the generalization? Can you
+tell where the people of the two sections of the state came from?
+
+
+
+
+PART II.
+
+THE STATE.
+
+
+
+
+CHAPTER IX.
+
+WHY WE HAVE STATES.
+
+
+1. _Historical reason_. We have states now because we had such
+organizations at the time this government was established. The colonies,
+founded at different times, under different auspices, by people differing
+in religion, politics, and material interests, remained largely
+independent of each other during colonial times, and on separating from
+England became independent _states_.
+
+2. _Geographical reason_. Different climatic and topographic conditions
+give rise to different industries, and therefore necessitate different
+regulations or laws.
+
+3. _Theoretical reason_. The theory of our government is that of
+_decentralization of power_.[Footnote: There being a constant tendency to
+centralization, this thought should be emphasized. See Nordhoff's Politics
+for Young Americans. (71)] That is, we think it best to keep power as near
+as possible to the people. If a certain work can be accomplished fairly by
+individual enterprise, we prefer that it be done so rather than through
+any governmental agency. If work can be done by the town just as well as
+by the county, we assign it to the town. And as between the state and the
+general government, we assign no duty to the latter which can be performed
+as well by the former.
+
+4. _Practical reasons_. There are many practical reasons. Among them may
+be mentioned the following:
+
+We need the state as a basis for the apportionment of members of congress.
+This is a federal republic, and representation in the national councils
+can be had only through statehood.
+
+We need the state to establish a system of education, to control
+corporations, to put down riots when the local authorities cannot do so,
+to establish the smaller organizations, etc. These are some of the things
+referred to in paragraph three, which the state can do better than the
+general government.
+
+There is in the state also a high court of justice to which cases may be
+appealed from the courts below.
+
+
+HOW STATES ARE CREATED.
+
+The "old thirteen" originated in revolution. They _declared_ themselves
+"free and independent states," and maintained the declaration by force of
+arms. Each became a state "in the Union" by ratifying the constitution.
+Under the constitution states have been admitted into the Union on terms
+prescribed by congress. The plan in general is as follows:
+
+1. When the number of people in a territory equals or nearly equals the
+number required to secure a representative in congress, the inhabitants
+thereof may petition congress, through their delegate, for an act
+authorizing the formation of a state government.
+
+2. If the petition is granted, an "enabling act" is passed. This usually
+defines the territory to be comprised in the new state, provides for the
+calling of a constitutional convention, requires that the state government
+to be framed shall be republican in form, states the number of
+representatives in congress which the state shall have until the next
+census, and offers a number of propositions for acceptance or rejection by
+the convention. Among these are proposals giving land for the support of
+common schools and of a university, and for the erection of public
+buildings; and offering a portion of the net proceeds of the sale of
+public lands within the state for internal improvements. These offers are
+conditioned upon non-interference on the part of the state with the
+holding and selling by the United States of the lands within the state
+owned by the general government, and their exemption from taxation. The
+enabling act for Minnesota is given in the appendix, pp. 355-8. It is in a
+large measure typical. Students in most of the states can find the
+enabling act for their state in the legislative manual thereof.
+
+Michigan, Kansas and Oregon formed their constitutions without an enabling
+act.
+
+3. The constitutional convention provided for in the enabling act, having
+ascertained that it is the wish of the people to form a state, frames a
+constitution and submits it to the people of the proposed state for
+adoption.
+
+4. If it is adopted, [Footnote: Wisconsin rejected the constitution of
+1846, and New York that of 1867.] copies of the constitution are sent to
+the president and to each house of congress.
+
+5. If the constitution framed is in accordance with our institutions, it
+is accepted and the state is admitted. [Footnote: The acts of congress of
+1866 and 1867, admitting Colorado, were both vetoed by president Andrew
+Johnson.]
+
+Kentucky, West Virginia, Maine, California and Texas became states in the
+Union without having been territories. The first two were detached from
+Virginia, and the third from Massachusetts, and admitted at once as
+states. California and Texas had been independent states before admission.
+
+As typical of the mode of restoring the southern states to their old place
+in the Union, the act restoring Tennessee is given on page 358.
+
+
+
+
+CHAPTER X.
+
+STATE CONSTITUTIONS.
+
+
+Their purpose.--A constitution in the American sense of the term is a
+written instrument defining the powers of government and distributing
+those powers among the branches or departments thereof. It is the
+fundamental law, the voice of the people granting or withholding power. A
+primary purpose of the instrument is to give form and authority to the
+government; another is to protect individuals and minorities from the
+tyranny of the majority. Each of the states has a constitution.
+
+Their origin.--In most of the countries of Europe, including England, what
+is called the constitution is not written. It consists largely of the
+maxims of experience, the principles sanctioned by custom. When a new
+political custom becomes prevalent it gradually becomes recognized as part
+of the constitution.
+
+Written constitutions in this country probably arose from the fact that
+the charters granted to the colonies and securing to them privileges, were
+in writing. And these written charters themselves grew out of a practice
+prevalent in England of securing the rights of towns and cities by written
+charters wrung from the king. Some general charters of liberties, too, had
+been secured. Among these may be mentioned the charter granted by Henry I.
+in 1100; the Magna Charta, or great charter, wrung from King John in 1215;
+and the Petition of Right, the Habeas Corpus Act, and the Bill of Rights,
+secured in the seventeenth century.
+
+Some of the charters granted to colonies were so liberal in their terms
+that they were adopted as constitutions when the colonies became states.
+The charter of Connecticut remained its constitution till 1818. And even
+in 1842 it was with difficulty that the people of Rhode Island could be
+prevailed upon to give up the old charter for a new constitution.
+
+Their Contents.--The state constitutions are very much alike in their
+general characteristics. After a preamble, setting forth the purpose of
+the instrument, they usually contain a bill of rights, intended to secure
+personal liberty and other personal rights. They then distribute the
+powers of government among three branches or departments, and provide for
+the organization and general procedure of each. Then follow miscellaneous
+provisions, relating to franchise, education, amendments, etc.
+
+Their usual defects.--We have flourished so wonderfully under our system
+of government that we naturally have a great reverence for our national
+and state constitutions. So far has this feeling gone that a large number
+of people seem to fancy that there is some magic in the very word
+constitution. As a consequence state constitutions are usually too long;
+they contain too many miscellaneous provisions. Most of these relate to
+transient or petty matters which, if made affairs for public action at
+all, should be left to legislation. Changes in the constitution weaken our
+respect for it. Rarely should anything go into that great charter which
+has not stood the test of time, unless it has the promise of endurance as
+a necessary safeguard of the rights and liberties of the people.
+
+
+BILLS OF RIGHTS.
+
+These usually assert or guarantee the following:
+
+Republican Principles.--That governments are instituted by the people and
+for their benefit; that all persons are equal before the law; that no
+title of nobility shall be granted.
+
+Freedom of Conscience.--That there shall be perfect religious freedom,
+not, however, covering immoral practices; that there shall be no
+established or state church; that no religious test shall be required for
+the performance of any public function.
+
+Freedom of Speech.--That any one may freely think, and publish his
+opinions, on any subject, being responsible for the abuse of this right.
+
+Freedom of Assembly.--That the people may peaceably assemble to discuss
+matters of public interest and to petition the government for redress of
+grievances. This, of course, does not permit meetings designed to arrange
+for the commission of crime.
+
+Freedom of Person.--That there shall be no slavery; nor imprisonment for
+debt, except in cases of fraud; nor unwarranted searches or seizures of
+persons or property; that no general warrants shall be issued; that the
+writ of _habeas corpus_ shall not be suspended, except in certain
+emergencies; that persons may freely move from place to place.
+
+Security of Property.--That private property shall not be taken for public
+use without just compensation therefor, previously paid or secured; that
+to prevent feudal tenure of land, long leases of agricultural land shall
+not be made, in most states the longest permitted term being twenty-one
+years.
+
+Right to bear Arms.--That the right of the people to keep and bear arms
+shall not be infringed.
+
+Freedom from Military Tyranny.--That the military shall be in strict
+subordination to the civil power; that there shall be no standing army in
+time of peace; nor shall any soldier in time of peace be quartered in
+private houses without the consent of the owner.
+
+Forbidden Laws.--That no _ex post facto_ law, no law impairing the
+obligation of contracts, nor any bill of attainder shall be passed; that
+there shall be no special laws in certain specified cases.
+
+Rights of Accused Persons.--(a) _Before trial_. That no unwarranted
+searches or seizures shall be made; that, except in capital offenses, the
+accused shall, while awaiting trial, be bailable; that, except in minor
+cases, a person shall not be held to answer for a criminal offense unless
+on the presentment or indictment of a grand jury. (b) _On trial_. That the
+accused person shall have a speedy and public trial in the district where
+the crime was committed; that trial by jury shall remain inviolable; that
+the accused shall be informed of the nature of the charge against him;
+that he shall be confronted with the witnesses against him; that he may be
+heard in his own defense and shall have the benefit of counsel in his
+behalf; that he shall not be required to witness against himself; that he
+shall have compulsory process to compel the attendance of witnesses in his
+behalf; that he shall not be deprived of life, liberty or property without
+due process of law. (c) _After trial_. That no cruel or unusual punishment
+shall be inflicted; that no one shall twice be placed in jeopardy for the
+same offense.
+
+Rights not enumerated.--There is usually a final statement that the
+enumeration of the above rights shall not be construed to deny or impair
+others inherent in the people.
+
+
+COMMENTS ON THE ABOVE.
+
+The rights above enumerated are among those which to us in America to-day
+seem almost matters of course. It seems strange that any one ever
+seriously questioned the fairness or the justice of the claims there set
+forth. But in enumerating them we are treading on sacred ground. Their
+establishment cost our ancestors hundreds of years of struggle against
+arbitrary power, in which they gave freely of their blood and treasure.
+
+Many of these rights are guaranteed in the constitution of the United
+States, but only as against the general government. That they may not be
+invaded by the state government, the people have reserved them in the
+state constitutions.
+
+
+_Pertinent Questions_.
+
+In what sense are all men created equal? Is there anything in good blood?
+What was meant by the "divine right" of kings to rule?
+
+Could a Mormon practice polygamy in this state, it being part of his
+religious creed? Why? Can an atheist give evidence in court?
+
+What constitutes libel? Slander?
+
+On what basis may a mob be dispersed? What cases of petition have you
+known?
+
+What is a general warrant? A passport? Why may _habeas corpus_ be
+suspended in time of war.
+
+Give instances of private property taken for public use. What is meant by
+feudal tenure? How long a lease of agricultural lands may be given in this
+state? How about business property in a city?
+
+May a person lawfully carry a revolver in his pocket? Why?
+
+What is meant by the military being subordinate to the civil power? Which
+outranks, the secretary of war or the general of the army? Why should the
+statement be made about quartering soldiers, in view of the preceding
+statement?
+
+What is meant by an _ex post facto_ law? Why forbidden? May a law be
+passed legalizing an act which was performed as a matter of necessity but
+without authority?
+
+What is to hinder an enemy of yours from having you arrested and cast into
+prison and kept there a long time? What is the purpose of bail? Why
+regarded as an important element of liberty? Why should a grand jury have
+to indict a person who has been examined and held for trial by a justice
+of the peace? Does a prisoner charged with murder or other high crime
+remain in handcuffs during his trial? Name the three or four most
+important guarantees to an accused person. Why are so many provisions made
+in his behalf?
+
+If a ruler should wish to subvert the liberties of a people used to these
+guarantees, where would he begin?
+
+What are some of the advantages possessed by a written constitution over
+an unwritten one? Of an unwritten over a written one? Is any part of our
+constitution unwritten?
+
+
+
+
+CHAPTER XI.
+
+BRANCHES OF GOVERNMENT.
+
+
+Regulations and Laws.--When the school officers, acting for the people of
+the district, state formally what may and what may not be done by teachers
+and pupils, the formal expressions of governing will are called rules and
+regulations. Similar expressions by the town, village, city, or county
+authorities are called ordinances or by-laws. But when the state expresses
+its will through the regular channels, the formal expression is called a
+law.
+
+The Three Branches of Government.--After a law is made it needs to be
+carried into effect. Incidentally questions will come up as to its meaning
+and application. Government, then, has three great functions or powers
+with regard to law.
+
+In our government, and to a greater or less extent in all free countries,
+these powers are vested in three _distinct_ sets of persons. If one person
+or group of persons could make the laws, interpret them, and enforce
+obedience to them as interpreted, the power of such person or persons
+would be unlimited, and unlimited power begets tyranny. One of the
+purposes of a constitution is to limit the power of the government within
+its proper sphere, and to prevent misuse of authority; and this
+organization of the government in three departments, each acting
+independently so far as may be, and acting as a check upon the others, is
+one of the modes of limitation.
+
+The law-making, the law-interpreting, and the law-enforcing branches are
+called respectively the legislative, the judicial, and the executive
+branches.
+
+
+
+
+CHAPTER XII.
+
+THE LEGISLATIVE BRANCH.
+
+
+Bicameral.--The legislature of every state consists of two chambers or
+houses. The _reason_ for this is that during colonial times most of the
+legislatures consisted of two houses, the governor's council and the
+representative assembly. Then on becoming states, each of the "old
+thirteen," except Pennsylvania, organized bicameral legislatures. And the
+new states, being largely settled by people from the older states,
+naturally followed their example. The structure of congress has also had
+much influence.
+
+The _advantages_ to be derived from having two houses are numerous.
+Perhaps the only one which it is necessary to mention here is that it
+tends to prevent hasty legislation, because under this arrangement a bill
+must be considered at least twice before passage.
+
+Apportionment.--As the population of a state is changeful, the
+constitution does not usually specify the number of members to compose
+each house. This is determined, within certain limitations imposed in the
+constitution, by the legislature itself. A re-apportionment is usually
+made every five years, after a census by the state or general government.
+The number of senators usually ranges between thirty and fifty; that of
+representatives from seventy-five to one hundred and fifty.
+
+Meeting.--The legislature meets biennially in most of the states. People
+are beginning to understand that they may suffer from an excess of
+legislation. Some of the English kings used to try to run the government
+without parliament, and frequent sessions of parliament were then demanded
+as a protection to popular rights. Hence our forefathers instinctively
+favored frequent sessions of the legislature. But such necessity no longer
+exists, and for many reasons the states have with a few exceptions changed
+from annual to biennial sessions. [Footnote: Extra sessions may be called
+by the governor. Mississippi has its regular sessions for general
+legislation once in four years, and special sessions midway between.]
+
+Election.--Senators and representatives are both elected by the people. In
+some cases the states are divided into senatorial and representative
+districts in such a way that each elects one senator and one
+representative, the senate districts being of course the larger. In other
+cases, the state is divided into senate districts only, and each senate
+district chooses one senator and an assigned number of representatives.
+The former plan prevails in Wisconsin, for instance, and the latter in
+Minnesota. The number of representatives chosen in a senatorial district
+varies from one to half a dozen, dependent upon population. Illinois has a
+peculiar, and it would seem an excellent, plan. The state is divided on
+the basis of population into fifty-one parts as nearly equal as possible.
+Each of these districts elects one senator and three representatives. In
+voting for representatives, a person may mass his three votes on one
+candidate, or give them to two or three. The purpose is to enable a party
+in the minority to secure some representation.
+
+Term.--The length of term of legislators usually depends upon the
+frequency of sessions. The general principle seems to be that
+representatives shall serve through one session and senators through two.
+How long, then, would you expect the respective terms to be in states
+having annual sessions? In states having biennial sessions? By reference
+to the comparative legislative table on page 293 confirm or reverse your
+judgment.
+
+Vacancy.--In case of a vacancy in either house the governor orders a new
+election in the district affected by the vacancy.
+
+Individual House Powers.--Each house has certain powers conferred by the
+constitution having for their object the preservation of the purity and
+independence of the legislature. Among these are the following:
+
+1. _Each house is the judge of the election, returns, and qualification of
+its own members._ Each person elected to either house receives from the
+canvassing board of the district through its clerk a certificate of
+election, which he presents when he goes to take his seat. Should two
+persons claim the same seat, the house to which admission is claimed
+determines between the contestants. The contest may be based, among other
+things, upon fraud in the election, a mistake in the returns, or alleged
+lack of legal qualification on the part of the person holding the
+certificate. Into any or all of these matters the house interested, _and
+it only_, may probe, and upon the question of admission it may pass final
+judgment.
+
+2. _Each house makes its own rules of procedure._ These, usually called
+rules of parliamentary practice, you can find in the legislative manual.
+Upon their importance as related to civil liberty, consult Lieber's Civil
+Liberty and Self-Government.
+
+The power to preserve order applies not only to members but to spectators
+also. Disorderly spectators may be removed by the sergeant-at-arms. On the
+order of the presiding officer such persons may be placed in confinement
+during the remainder of the daily session.
+
+Unruly members are as a general thing simply called to order. For
+persistent disorder they may be reprimanded or fined. [Footnote: See Among
+the Lawmakers, pp. 230-3.] But in extreme cases they may be expelled. To
+prevent a partizan majority from trumping up charges and expelling members
+of the opposite party, it is a common constitutional provision that the
+concurrence of two-thirds of all the members elected shall be necessary
+for expulsion.
+
+3. _Each house chooses its own officers_. Each house has a presiding
+officer, several secretaries or clerks, a sergeant-at-arms, a postmaster,
+and a chaplain. The sergeant-at-arms usually has a number of assistants
+appointed by himself, and there are a number of pages appointed by the
+presiding officer. These, however, hardly count as officers. The only
+exception to the rule enunciated is in those states having a lieutenant
+governor, who is _ex officio_ president of the senate. Even in that case,
+the senate elects in case of a vacancy, the person so elected being chosen
+from among their own number and receiving usually the title of president
+_pro tempore_.
+
+Quorum.--It would hardly be possible for all members to be present every
+day, therefore a number less than the whole should have authority to act.
+But this number should not be very small. The several constitutions fix
+the quorum for each house, usually at a majority of the members elected to
+it. But a smaller number has power of adjournment from day to day, so that
+the organization may not be lost; and it may compel the attendance of
+absent members, by sending the sergeant-at-arms after them.
+
+Publicity.--On the theory that legislators are servants of the people, we
+would naturally expect the proceedings to be made public. And so they are.
+Publicity is secured in the following ways:
+
+1. In accordance with the constitutional provision, each house keeps a
+journal of its proceedings which it publishes from time to time, usually
+every day.
+
+2. Spectators are admitted to witness the daily sessions.
+
+3. Newspaper reporters are admitted, and are furnished facilities for
+making full and accurate reports.
+
+Privileges of Members.--In order that their constituents may not, for
+frivolous or sinister reasons, be deprived of their services in the
+legislature, the members of each house are _privileged from arrest_
+"during the session of their respective houses, and in going to and
+returning from the same." Nor can civil suit be brought against them
+during that time. But they may be arrested for treason, (defined in the
+constitution), felony, or breach of the peace, because if guilty they are
+unworthy of a seat in the legislature.
+
+And in order that there may be the utmost _freedom of speech_ in the
+legislature, that any member who knows of wrong being done may feel
+perfectly free to say so, the constitution of each state provides that
+"for any speech or debate in either house, they shall not be questioned in
+any other place."
+
+Compensation.--Members of the legislature receive for their services a
+salary, which is sometimes specified in the constitution, but which is
+usually fixed by law. In the latter case no increase voted can be in
+effect until a new legislative term begins. This proviso is, of course,
+designed to remove the temptation to increase the salary for selfish ends.
+
+In some countries no salary is paid to legislators, the theory being that
+with the temptation of salary removed only persons of public spirit will
+accept election. Our argument is that unless some remuneration be given,
+many persons of public spirit and possessed of capacity for public service
+would be barred from accepting seats in the legislature. In other words,
+the state wants the services of her best citizens, and does not wish lack
+of wealth on the part of any competent person to stand in the way. On the
+other hand, that there may be no temptation to continue the sessions for
+the purpose of drawing the pay, the constitution provides, where a _per
+diem_ salary is paid, that members shall not receive more than a certain
+sum for any regular session, or a certain other sum for any extra session.
+
+Prohibitions on Members.--To secure for his legislative duties the
+undivided attention of each member, the constitution provides that "no
+senator or representative shall, during the time for which he is elected,
+hold any office under the United States or the State." In some states, as
+in Minnesota, the office of postmaster is excepted. And in order that
+legislators may be freed from the temptation to create offices for
+themselves or to increase the emoluments of any office for their own
+benefit, it provides that "no senator or representative shall hold any
+office under the state which has been created or the emoluments of which
+have been increased during the session of the legislature of which he was
+a member, until one year after the expiration of his term of office in the
+legislature."
+
+Eligibility.--To be eligible to the legislature a person must be a
+qualified voter of the state, and a resident thereof for, usually, one or
+two years; and shall have resided for some time, usually six months or a
+year, immediately preceding election, in the district from which he is
+chosen. This last provision is made to preclude people who have not been
+living in the district, and who therefore cannot know it or be interested
+particularly in its welfare, from representing it in the legislature.
+
+Sole Powers.--The mode of making laws is discussed in another place.
+[Footnote: See "How Laws Are Made," page 344.] In making laws the houses
+have concurrent jurisdiction--they both take part. But there are some
+parts which belong to each house separately, besides the election of
+officers before mentioned. The house of representatives has in all states
+the sole power of impeachment, [Footnote: For mode of proceeding see page
+331.] and in some states of originating bills for raising revenue. This
+latter power is given to it because being elected for a short term it is
+more directly under the control of the people than is the senate.
+
+The power to impeach is vested in the representatives because for the
+reason stated, they seem more immediately in fact as well as in name to
+represent the people, who it will be remembered are always the complainant
+in criminal cases. And the senate has the sole power of trying
+impeachments. [Footnote: When the governor is being tried, the lieutenant
+governor cannot act as a member of the court.] The length of term frees
+the members from the fear of immediate punishment in case of an unpopular
+verdict. And if they are right time will show it. Historically, this
+division of power in cases of impeachment is derived from colonial
+practice and from the constitution of the United States.
+
+The senate has also the sole power of confirming or rejecting the
+appointments of the governor.
+
+Forbidden Laws.--In addition to the laws forbidden in that part of the
+constitution called the bill of rights, the legislature is usually
+forbidden to pass laws authorizing any lottery; or granting divorces; or
+giving state aid to private corporations; or involving the state in debt,
+except in case of war or other emergency.
+
+
+_Pertinent Questions._
+
+Define constitution. What is a law? What is meant by common law? Statute
+law? Equity?
+
+By reference to the comparative legislative table in the appendix, tell
+the most common name applied to the legislative body; any peculiar names;
+the names most commonly applied to the respective houses; the usual
+qualifications of members; the frequency of regular sessions, and the
+month of meeting most usual. Why is this time of year so uniformly chosen?
+What relation do you see between the frequency of sessions and the term of
+members? What is the relation between the terms of the respective houses?
+How does the number of senators compare with the number in the lower
+house? What state has the largest house? The smallest? Why is the term
+_senate_ so common? Look up the derivation of the word. In what section of
+the country are the terms the shortest? Can you account for this? Which
+states require the highest qualifications in members?
+
+Find out whether in your state there are any requirements not given in the
+tabulation. By reference to the legislative manual or other source of
+information find out any other facts of interest, such as the names of the
+speaker and other legislative officers; the number of your senatorial
+district, and the name of your senator; of your representative district,
+and the name of your representative; what committees are appointed in each
+house, and on which your local representatives are, and how they came to
+be selected for these particular committees; how vacancies are filled in
+the legislature; any contested elections that have occurred in your state
+and the basis of the contest; some of the important rules of parliamentary
+practice; the salary paid members in your state; any cases of impeachment,
+the charge, and the outcome; other forbidden laws.
+
+If two persons claim the same seat in the senate, who will decide between
+them? In the lower house? What are the returns, and where are they kept?
+What appeal from decision is there? If your legislature is now in session,
+write to your representatives asking them to send you regular reports of
+the proceedings. Don't expect to get such reports for the whole session,
+however; that would be asking too much. From the newspapers, report on
+Monday the principal proceedings of the previous week. Have you ever seen
+a legislature in session? What is to keep a member of the legislature from
+slandering people?
+
+State five powers which can be exercised only by the senate. Five, in some
+states four, which can be exercised only by the lower house.
+
+Are you eligible to the legislature? If not, what legal qualifications do
+you lack? Could a member of the legislature be elected governor or United
+States senator?
+
+At the last election did you preserve any of the tickets? Could you secure
+any of the ballots that were actually used in voting? Why?
+
+
+
+
+CHAPTER XIII.
+
+THE EXECUTIVE BRANCH.
+
+
+Officers.--The chief executive office in every state is that of governor.
+There is in each a secretary of state and a state treasurer. Most states
+have also a lieutenant governor, a state auditor or comptroller, an
+attorney general, and a state superintendent of public instruction. In
+nearly every case these offices are created by the state constitution.
+
+Eligibility.--The qualifications required in the governor and lieutenant
+governor are age, citizenship of the United States, and residence within
+the State. The age qualification is required because the responsibilities
+are so great as to demand the maturity of judgment that comes only with
+years. The requirement of citizenship and that of residence are so
+obviously proper as to need no comment.
+
+For the other offices the qualifications required in most states are
+simply those required in a voter. [Footnote: For which see page 298.]
+
+Election.--In every state the governor is elected by the people, and in
+most states the other officers are also. In a few states, some of the
+officers are chosen by the legislature on joint ballot, or are appointed
+by the governor and confirmed by the senate.
+
+Term.--The terms of office of the governors are given in the table. Unless
+otherwise stated, the term of the other officers in each state is the same
+as that of the governor thereof. For the highest efficiency the term of a
+state officer should not be very short, two years being better than one,
+and four years better than two. When the term is four years, it may be
+well to limit the number of terms for which an officer may be elected. In
+some cases this is done.
+
+Removal.--These officers and the others provided by statute may be removed
+on impeachment by the house of representatives, and conviction by the
+senate.
+
+Vacancy.--For the office of governor there is in every state a line of
+succession appointed in its constitution. By reference to the comparative
+table, it will be seen that there is considerable uniformity in the order
+of succession. In case of a vacancy in any of the other elective offices,
+the most usual plan is for the governor to make a temporary appointment
+until a new election can be held. For an appointive office, the
+appointment is usually good until the end of the next legislature or for
+the remainder of the term.
+
+Salary.-The salary attached to each office is usually fixed by law,
+subject to the constitutional limitation that it shall not be increased
+nor diminished during the term of the incumbent. See page 294.
+
+The Duties of the Officers.
+
+Governor.--The great, the characteristic duty of the governor is to see
+that the laws are faithfully executed. Since this may sometimes require
+force, he is made by the constitution commander-in-chief of the military
+forces of the state, and may call out these forces to execute the laws,
+suppress insurrection, or repel invasion.
+
+He appoints, "by and with the advice and consent of the senate," most of
+the important state officers and boards, as provided by law. The advice of
+the senate is rarely if ever asked. But its consent must be obtained to
+make any such appointment valid.
+
+As his duties continue through the year and have to do with the whole
+state, and as he may require the opinion, in writing, of the principal
+officer in each of the executive departments upon any subject pertaining
+to the duties of their respective offices, he is supposed to know more
+than any other person about the situation and needs of the state as a
+whole; and it is, therefore, made his duty to communicate by message to
+each session of the legislature such information touching the affairs of
+the state as he deems expedient. The regular message is sent at the
+opening of the legislative session, and special messages at any time
+during the session as they seem to be needed. On extraordinary occasions
+he may convene the legislature in extra session.
+
+To place another obstruction in the way of hasty legislation, the governor
+(except in Delaware, North Carolina, Ohio, and Rhode Island) has a limited
+veto. [Footnote: See comments on the president's veto, page 150.]
+
+In the administration of justice mistakes are some times made. An innocent
+person may be found guilty, or a guilty person may be sentenced too
+severely, mitigating circumstances appearing after sentence is passed. For
+these and other reasons, there should be power somewhere to grant
+reprieves, commutations, and pardons. In most of the states this power is
+vested in the governor. It does not, for obvious reasons, extend to cases
+of impeachment. Many thoughtful people, including some governors and
+ex-governors, question very seriously the wisdom of this absolute
+assignment of the pardoning power. One suggestion by way of limitation is
+that no pardon issue except upon recommendation of the judge of the court
+in which conviction was wrought.
+
+Lieutenant Governor.--As may be seen by reference to the comparative
+table, several of the states have no such officer. The office is designed
+simply to save confusion in case of a vacancy in the office of governor,
+in which case the lieutenant governor acts as governor during the vacancy.
+To give him something to do the lieutenant governor is _ex officio_
+president of the senate. [Footnote: In case of a vacancy in this office,
+the senate, in most states, chooses one of its own number to act as
+president _pro tempore_.] In most of the states, he has no voice in
+legislation, except a casting vote in case of a tie. But in some states,
+as indicated in the comparative table on page 294, he can debate in
+committee of the whole.
+
+State Treasurer.--This officer has duties and responsibilities similar to
+those of a county treasurer.
+
+Attorney General.--This officer has two chief duties. He represents the
+state in suits at law, and may be called upon to aid county attorneys in
+criminal prosecutions. When invited to do so he gives legal advice to the
+legislature and to the executive officers, on matters pertaining to their
+official duties.
+
+Secretary of State and Auditor.--The county auditor, you remember, has
+three general lines of duty: 1. To act as official recorder and custodian
+of papers for the county board. 2. To be bookkeeper for the county, and in
+connection therewith to audit all claims against the county, and issue
+warrants on the county treasurer for their payment. 3. To apportion the
+taxes.
+
+The corresponding duties in the state, except recording the acts of the
+legislature, which is done by legislative clerks, are in most states
+divided between two officers, the secretary of state and the state auditor
+or comptroller.
+
+The secretary of state has, as his characteristic duty, the preservation
+or custody of state papers, acts of the legislature, etc. He is also
+keeper of the great seal of the state, and authenticates state documents,
+commissions, etc. Incidentally he has other duties. In some states he
+prepares the legislative manual; he sees that the halls are ready for the
+sessions of the legislature, calls the house to order at its first
+meeting, and presides until a speaker is chosen. He also indexes the laws
+and other state documents, and superintends their printing and
+distribution. [Footnote: In some states there is a superintendent of
+printing.]
+
+The auditor or comptroller is bookkeeper for the state, audits accounts
+against it, and draws warrants upon the state treasurer for their payment.
+[Footnote: No money can be paid out except on appropriation by the
+legislature.] The state auditor, also, comparing the legislative
+appropriations with the assessed value of the property of the state,
+computes the rate of the state tax and reports it to county auditors.
+
+In some states, Wisconsin, for instance, the duties of both offices are
+performed by the secretary of state.
+
+In some states the auditor is _ex officio_ land commissioner. In other
+states there is a separate officer to take charge of state lands.
+
+Superintendent of Public Instruction.--This officer has general
+supervision and control of the educational interests of the state. He is
+often _ex officio_ a member of the board of regents of the state
+university, of the board of directors of the state normal schools, and of
+the state high school board. He has the appointment and general management
+of state teachers' institutes. He meets and counsels with county and city
+superintendents. Thus an active, earnest, competent man may influence for
+good the schools of all grades throughout the state. He reports to the
+legislature at each session, through the governor, the condition and needs
+of the schools of the state. In this report he recommends such measures
+for the improvement of the educational system of the state as he deems
+advisable. In many states he apportions the state school money.
+
+Assistants.--Usually the above officers have assistants appointed by
+themselves.
+
+
+OTHER STATE OFFICERS.
+
+The officers given above are the typical state officers, but every state
+has others. Of these the most important are shown in the comparative
+tabulation.
+
+Some states provide the governor with a council. This is in most cases
+simply an advisory, not an administrative or executive body.
+
+
+_Some Pertinent Questions._
+
+What are the qualifications required in the governor of this state? The
+lieutenant governor? The other officers? The names of the state officers?
+The length of their terms? The officers not mentioned in the text, and
+their duties? Name the state officers whom you have seen.
+
+Which states require the highest qualifications in the governor? The
+lowest? Which give the longest term? The shortest? The highest salary? The
+lowest? Which states limit the number of terms? Which have no lieutenant
+governor? In which states is a majority vote required? Does there seem to
+be any sectional law as to these things; that is, is there anything
+peculiar to New England, or to the south, or to the northwest? What seems
+to be the general law of succession to the governorship? What exceptions?
+
+What is meant by saying that the governor executes the law? Is this saying
+strictly true? Is a sheriff an executive or a judicial officer? The
+constable? The mayor of a city? Can an executive officer be sued? A
+judicial officer?
+
+How many senators and representatives would it take to pass a bill over
+the governor's veto? Have you ever known of its being done? If the
+governor should go to Washington on business of the state or on private
+business, who would act as governor? How long would he so act? Could he
+pardon convicts at that time? Have you ever read a message of the
+governor?
+
+If the state superintendent of public instruction wants information on
+some point of school law, to whom should he appeal? How much would he have
+to pay for the advice? What force would the opinion have? Could he obtain
+a legal opinion as to a private matter on the same terms?
+
+If you had a bill against the state, how would you get your pay? If
+payment were refused what could you do? (Do not try to answer off-hand.
+Ask a lawyer.)
+
+How are the expenses of the state government met? The amount of state
+expenses last year? (See report of treasurer.)
+
+What are the sources of the school fund, of this state? Did you ever know
+of school lands being sold in your county? By whom, how, and on what
+terms?
+
+Name your county superintendent of schools. The state superintendent. Is
+there a United States superintendent? Get the report of the state
+superintendent and find out what it contains. Ask your teacher to let you
+see the teachers' report to the county superintendent. How much state
+money did your district receive last year?
+
+
+
+
+CHAPTER XIV.
+
+OTHER STATE OFFICERS.
+
+
+Adjutant-General.--To aid the governor in the discharge of his duties as
+commander-in-chief, there is an officer called the adjutant-general.
+Through him all general orders to the state militia are issued. He also
+keeps the rolls and records of the militia. In some states he is required
+by law to act as attorney for those seeking pensions from the United
+States.
+
+Railroad Commissioners.--To prevent railroads from charging extortionate
+rates for passengers or freight; to see that reasonable facilities are
+provided, such as depots, side tracks to warehouses, cars for transporting
+grain, etc.; to prevent discrimination for or against any person or
+corporation needing these cars; in other words, to secure fair play
+between the railroads and the people, a railroad commission consisting of
+from one to three members has been established in many states by the
+legislature.
+
+Insurance Commissioner.--To protect the people from unreliable insurance
+companies, there is an officer called the insurance commissioner. No
+insurance company can legally transact business in the state until it has
+satisfied the commissioner that its methods of insurance and its financial
+condition are such as to give the security promised to those insured by
+it. The certificate of authority granted to any company may be revoked by
+the commissioner at any time if the company refuses or neglects to comply
+with the conditions established by law.
+
+State Librarian.--Each state has a valuable library, composed chiefly of
+law books, but containing also many other valuable books and pamphlets.
+This library is open to the public. It is in charge of the state
+librarian, who acts under prescribed rules.
+
+Public Examiner.--To render assurance doubly sure that public money shall
+be used only for the purposes for which it is designed, provision is made
+for the appointment of "a skillful accountant, well versed in the theory
+and practice of bookkeeping," to exercise constant supervision over the
+financial accounts of state and county officers and of banking
+institutions incorporated under state laws. This officer is called the
+public examiner.
+
+The officers visited are required by law to furnish the public examiner
+facilities for his work, and to make returns to him under oath. The
+examiner reports to the governor, who is empowered to take action to
+protect the interests of the people.
+
+Oil Inspector.--To protect the people from the danger of burning oil unfit
+for illuminating purposes, there is an officer called the inspector of
+illuminating oils. The inspector appoints a deputy for each county. It is
+the duty of these officers to test the illuminating oils offered for sale,
+and to mark the barrel or package containing it "approved" or "unsafe for
+illuminating purposes," as the case may be. Penalties are attached to the
+selling of oils not approved.
+
+Boiler Inspector.--Steam is now used as power in threshing grain and in
+grinding it, in sawing lumber, in propelling boats and cars, etc. To
+prevent loss of life, engineers must pass an examination and secure a
+certificate of qualification. And boilers must be inspected at least once
+a year to prevent explosions. The latter duty devolves upon the state
+boiler inspector and his assistants. Locomotive engines on railroads are
+sometimes exempt from government inspection, because of the invariably
+high skill of the engineers and the great care of the companies.
+
+Labor Commissioner.--Among the questions now receiving consideration from
+states and nations are many referring to labor--the healthfulness of
+factories, hours of labor, employment of children, protection against
+accidents, etc. In many of the states there is a commissioner of labor to
+make inspections and formulate statistics pertaining to labor.
+
+Officers Peculiar to Certain States.--There are in some states other
+officers, necessitated by special industries. Thus, in Minnesota, where
+the grain, dairy and lumber interests are very important, there are
+inspectors of grain, a dairy commissioner, and surveyors-general of logs.
+
+Appointment and Term.--The officers named in this chapter are elected in
+some states; in others they are appointed by the governor and confirmed by
+the senate. The term is usually two years.
+
+All are required to give bonds for the faithful discharge of their duties.
+All have clerks, deputies, or assistants, appointed by themselves, for
+whose official acts they are responsible.
+
+
+ADMINISTRATIVE BOARDS.
+
+Besides the boards in charge of the several state institutions there are
+usually a number of administrative boards. Of these the most important are:
+
+
+1. _The state hoard of health_, whose duty it is "to make inquiries
+concerning the causes of disease, especially of epidemics; the effect of
+employments, conditions, and circumstances upon the public health," etc.
+
+2. _The state board of charities and corrections_, whose duty it is "to
+investigate the whole system of public charities and correctional
+institutions of the state, and examine into the condition and management
+thereof, especially of prisons, jails, infirmaries, public hospitals, and
+asylums."
+
+3. _State board of equalization_, which equalizes assessments throughout
+the state so as to render taxation as nearly just as possible. This board
+takes cognizance only of _classes_ of property; it does not attempt to
+correct individual grievances.
+
+4. _The state board of immigration_, appointed "to encourage immigration,
+by disseminating information regarding the advantages offered by this
+state to immigrants."
+
+5. _The commissioners of fisheries_, whose duty is to take means to
+increase the number of food fish in lakes and rivers. To this end the
+board secures from the United States commissioner of fisheries the quota
+of spawn allotted from time to time to the state, and from other sources
+spawn of such fish as seem desirable, and has them placed in such lakes
+and rivers as they will be most likely to thrive in.
+
+The members of these boards are appointed by the governor. They serve
+without pay, except the board of equalization. The state pays the expenses
+incident to the discharge of their duty. The secretary of each board
+receives a salary, specified by law.
+
+There are also boards to examine candidates for admission to practice
+medicine, pharmacy, dentistry, and law.
+
+
+_Some Pertinent Questions._
+
+Locate the state university, the state normal schools, all of the schools
+for the unfortunate, the lunatic asylums, the state prisons.
+
+What is the maximum rate per mile that can be charged by railroads for the
+transportation of passengers in this state? How came this to be? If a
+farmer wished to ship a carload of wheat without putting it into a
+warehouse, how could he get a car? If a car were refused what could he do?
+
+Examine the end of a kerosene cask, and find out what the marks on it
+mean. By reference to the latest report of the secretary of the state
+board of immigration, find out what inducements to immigrants this state
+offers. Is there probably such a board as this in the eastern states? Why?
+In European countries? Why?
+
+Does your school receive copies of the pamphlets issued by the state board
+of health?
+
+
+
+
+CHAPTER XV.
+
+THE JUDICIAL BRANCH.
+
+
+We have seen that minor differences may be adjudicated in each town,
+village and city, by justices of the peace and municipal courts; and that
+courts having jurisdiction unlimited as to the amount at controversy are
+held in every county. And these may all be properly called state courts,
+the state being subdivided into judicial districts, each comprising one or
+more counties, for the purpose of bringing justice within the reach of
+every person. But there is also in every state a
+
+
+STATE SUPREME COURT.
+
+Need of.--The supreme court is needed for the following reasons:
+
+1. _To review cases on appeal._ Notwithstanding the great care exercised
+in the lower courts, errors are liable to occur, and the person aggrieved
+may ask for a new trial. If this be denied, he may appeal to the supreme
+court. Appeals are usually taken on one or more of three grounds--(a) On
+exceptions to rulings of the judge as to the admissibility of testimony;
+(b) On exceptions to the judge's charge to the jury; (c) On the ground
+that the verdict of the jury is not warranted by the evidence.
+
+2. _To interpret the law._ The exceptions referred to in the preceding
+paragraph may involve the meaning of a law. In that case the decision of
+the supreme court establishes the meaning of the law in question, and the
+lower courts of the state are thereafter bound by the interpretation
+given.
+
+3. _To pass upon the constitutionality of a law._ The appeal may be made
+for the purpose of testing the constitutionality of a law. If declared
+unconstitutional by the supreme court, the law is void.
+
+4. _To issue certain remedial writs._ Among these may be mentioned the
+writ of _habeas corpus_ and the writ of _mandamus_. Thus, if a person has
+been committed to prison by decree of one of the lower courts, to appeal
+the case and get it reviewed, might take so much time that the term of
+imprisonment would expire before relief could be obtained. To bring the
+matter quickly to the test, the writ of _habeas corpus_ may be used.
+
+How Constituted.--The supreme court consists of one chief justice and two
+or more associate justices. The number in each state may be seen by
+reference to the appendix (pp. 296-7), as may also the term of service,
+the number of sessions held during the year, etc.
+
+Reports.--Since the decisions of the supreme court are binding upon all
+the lower courts of the state, they must be published in permanent form.
+To this end, the clerk of the supreme court makes an elaborate record of
+each case; the judges render their decisions in writing, giving their
+reasons at length; and the reports of the decisions are prepared for
+publication with great care by an officer called the reporter. The
+decision is written by one of the judges, who signs it, but it must be
+agreed to by a majority of the court. The bound volumes of reports are
+found in every lawyer's library.
+
+A Court of Final Appeal.--In all cases involving only state laws, and this
+includes a large majority of cases, the decision of the state supreme
+court is final. Only on the ground that the state law is not in harmony
+with the constitution or laws of the United States can a case involving
+such a law be appealed from the supreme court of the state. The appeal is
+to the supreme court of the United States, which decides merely the
+question of the validity of the law.
+
+State Courts and Federal Courts.--The jurisdiction of the United States
+courts is given in the constitution of the United States, Article III,
+section 2. If during the progress of a trial in a state court, rights
+claimed under the United States constitution or laws or under a treaty of
+the United States become involved, the case may be removed to a federal
+court.
+
+No Jury in the Supreme Court.--There is no jury in the supreme court.
+Questions of fact are determined in the lower courts. Appeals are on
+questions of law. A transcript of the proceedings in the trial court is
+submitted to the supreme court. Ask a lawyer to show you a brief and a
+paper book.
+
+
+_Some Pertinent Questions._
+
+Give the jurisdiction of a justice court. Of a probate court. Of a
+district or circuit court. Of the supreme court?
+
+Who is the recording officer of a justice court? Of a probate court? Of a
+district court? Of the supreme court?
+
+Who keeps a record of the testimony in a justice court? In a district
+court? What is meant by "noting an exception," and why is it done? If a
+person is dissatisfied with the decision of the supreme court, what can he
+do about it?
+
+Who besides the judges of the supreme court can issue the writ of _habeas
+corpus?_
+
+Name the justices of the supreme court of this state. How are they chosen?
+How long do they serve? How many terms does this court hold annually?
+Where are they held? How long do they last? Read some of the syllabi of
+the decisions as they appear in the newspapers. Who prepares these
+outlines for the press?
+
+Which state in the Union has the largest supreme court? Which has the
+smallest? Which demands the highest qualifications? In which is the term
+the longest? In which the shortest? Does a decision of the supreme court
+of New York have any weight in Minnesota? Which states rank highest in the
+value attached to the decisions of their supreme courts? How do you
+account for this?
+
+Paper: By means of pages 292-7, &c., prepare a tabular view of your state,
+taking that on pages 314-15 as a model.
+
+
+
+
+CHAPTER XVI.
+
+RETROSPECT AND PROSPECT.
+
+
+Each Organization a Miniature Government.--Some things of general interest
+are matters for regulation by the state as a whole, through its
+legislature. But many things are properly left to local regulation. For
+instance, in a timbered town, where fences can be cheaply built, it may be
+desirable, especially if there is much wild land, to let cattle run at
+large, each person _fencing out_ the cattle from his crops. On the other
+hand, in a prairie town, where fencing is expensive, or where there is
+little wild land, it may seem best to arrange that each person shall
+_fence in_ his own cattle. No persons can judge which is the better plan
+for a given neighborhood so well as the people who live there. And to them
+it is left, to be determined at the annual meeting. In passing upon such
+questions, in appropriating money for local improvements, &c., powers
+pseudo-_legislative_ are exercised. Matters of detail are determined by
+the supervisors, and they with the clerk, the treasurer, the road
+overseers, the constables, and the assessor, constitute what may be called
+the _executive_, or more properly the _administrative_, department. And
+the local _judicial_ functions are performed by the justices of the peace.
+Similarly it may be shown that the village, the city, and the county are
+governments in miniature.
+
+Local Officers as State Officers.--The governor is the _chief_ executive
+officer of the state, but not the _only_ one. There are others enumerated
+on pages 90-99. But besides these, the state uses local officers in part
+to carry into execution the acts of the legislature. For instance, when
+the legislature has appropriated a certain sum for a specific purpose, the
+executive department raises and applies the money. To this end, the
+taxable property of the state is "valued" by the assessors; these
+estimates are reviewed by the boards of equalization; the county auditors
+make up the tax lists; the county treasurers collect the money and
+transmit it to the state treasurer, from whom it goes to the institution
+for whose benefit it was appropriated.
+
+All writs issued by justices of the peace run in the name of the state,
+showing that these are in a certain sense state judicial officers.
+
+State Officers as United States Officers.--As a rule the United States
+appoints its own officers, and stations them where they are needed. But in
+a very few cases, state officers are used. For instance, in order that
+persons accused of crime against the United States may be promptly
+apprehended, commissioners of the United States circuit court are
+appointed in every state with power to issue warrants of arrest and take
+testimony. But in the absence of a commissioner, the warrant may be issued
+and testimony taken by any judicial officer of the state. In such a case,
+a justice of the peace may act temporarily as a United States officer. The
+best interests of society are served thereby.
+
+Elective and Appointive Officers.--In the school district and the town all
+officers are elected, none being appointed except to fill vacancies. As
+the organizations increase in size, appointive offices increase relatively
+in number, until among officers of the United States only two are elected.
+Members of the _legislative_ department in each of the organizations are
+elected.
+
+Vacancies.--These occur usually either by death or resignation,
+occasionally by removal from office. To save the expense of a special
+election, vacancies in elective offices are filled by temporary
+appointment, except in the case of members of the legislature and members
+of the United States house of representatives.
+
+Resignations.--These are sent as a rule: (a) by elective officers, to that
+officer who is authorized to make the temporary appointment or to order a
+new election; (b) by appointive officers, to the body, board, or officer
+that appointed them.
+
+
+_Pertinent Questions._
+
+Who constitute the legislative department in a town? In a village? In a
+city? In a county? The executive in each? The judicial? Show that the
+county superintendent of schools is also one of the executive officers of
+the state. Do any local officers belong to the state legislative
+department? Should the judges of the circuit court be elected or
+appointed? Should all the county officers be elected at the same time? To
+whom would a member of congress send his resignation if he desired to be
+relieved? A judge of the state supreme court? The county auditor?
+
+
+
+
+PART III.
+
+THE NATION.
+
+
+
+
+CHAPTER XVII.
+
+HISTORICAL.
+
+
+In order to understand the government of the United States, we must
+examine its beginnings and antecedents.
+
+
+THE COLONIES.
+
+When Columbus returned to Spain with his marvelous stories of the New
+World, expeditions were fitted out which soon filled the coffers of that
+country with wealth from Mexico, Central and South America, and the West
+Indies. Spain became the wealthiest nation of the world. Other countries
+soon caught the infection, and expeditions were sent from France, Holland
+and England, the other great commercial nations of western Europe.
+
+For a long time scarcely any effort was made to form permanent
+settlements, and the attempts that were by and by made were unsuccessful.
+For more than a hundred years the territory now included within the United
+States remained unoccupied, except at a few points in the southern part.
+Explorations were, however, pushed with vigor, and many conflicting claims
+were based upon them.
+
+About the beginning of the seventeenth century permanent settlements began
+to be made, yet the increase in population was for the succeeding hundred
+and fifty years very slow. During this time settlements were made in the
+tropical part of America by the Spanish; the French founded settlements in
+Canada and established a chain of forts along the Ohio and Mississippi;
+and the English, though claiming all the land to the Pacific, made
+settlements only along the Atlantic. The Dutch and the Swedes made
+settlements along the Hudson and about Delaware Bay, respectively.
+
+By the middle of the eighteenth century, the Swedes had been dispossessed
+by the Dutch, who in turn had succumbed to the English. And in 1756 began
+the great struggle between France and England for the possession of the
+Mississippi Valley. England won, and the existence of the United States as
+we know and love it became a possibility.
+
+
+THE CAUSES OF THE REVOLUTION.
+
+The causes of the Revolutionary War fall naturally into two great classes,
+the remote and the immediate.
+
+The Remote Causes.--Among the underlying causes of the war may be
+mentioned the following:
+
+1. _The location of the colonies._ They were separated from the mother
+country by a great ocean, which then seemed many times as wide as it does
+now. Communication was so infrequent that the authorities in England could
+not keep track of what was going on in America, and misgovernment could
+flourish unchecked because unknown. And so far away and so differently
+circumstanced from the people in England were the people of the colonies
+that the former could not appreciate the real needs of the latter.
+
+2. _The character of the colonists._ Character is the product largely of
+ancestry and circumstances. The ancestors of these people, after a
+struggle lasting hundreds of years, had established liberty in England and
+intrenched it in guarantees the wisest ever devised by man. From them the
+colonists inherited the right of freedom from arbitrary arrest; of giving
+bail in ordinary offenses; of a speedy, public trial by jury, near the
+place where the crime was alleged to have been committed; of the writ of
+habeas corpus; of established rules of evidence; and, indeed, of nearly
+all the rights mentioned in the first ten amendments to the constitution
+of the United States. Their ancestors had, in the war between Cromwell and
+Charles I., laid down their lives to establish the principle that taxes
+can be laid only by the people or by their representatives. The colonists
+themselves had been compelled to face difficulties incident to life in a
+new country, and had developed the power to act independently in matters
+pertaining to their individual good. And in the management of their
+several commonwealths they had gained considerable experience in
+governmental affairs. With such ancestry and such experience they would
+not tamely endure being imposed upon.
+
+3. _The character of the king._ On the death of Queen Anne without an
+heir, George I., elector of Hanover, had become king of England, and he
+had been succeeded by his son, George II. To both of these kings England
+was really a foreign country, of whose institutions, and of whose language
+even, they were profoundly ignorant. As a consequence, their personal
+influence in England was small. When, in 1760, young George III. ascended
+the throne, he resolved to be king in fact as well as in name. This
+determination, which he adhered to, coupled with his unfamiliarity with
+English institutions, explains many things otherwise difficult to
+understand. (See Fiske's War of Independence, pp. 58-70.)
+
+4. _The prevailing mode of colonization._ Many of the colonies had been
+founded for commercial reasons merely, with no intention of forming
+governmental institutions, Chartered companies and individuals planted
+settlements for the profit there was supposed to be in doing so. These
+colonies were designed to be merely "self-supporting trading outposts of
+England." Money had been put into these enterprises, and in the effort to
+secure a profitable return many unjust commercial restrictions were
+imposed upon the colonists.
+
+Immediate Causes.--Among the immediate causes of the Revolutionary War may
+be mentioned:
+
+1. _The French and Indian War._ In the first place, this war facilitated
+the union of the colonies. Several attempts at union had failed; there
+were too many opposing influences. While by far the greater number of the
+colonists were English, there were many Dutch in New York, and some Swedes
+remained in Delaware. Moreover, the English themselves differed radically
+in politics, those in the South having been royalists, while those in New
+England sympathized with Cromwell and parliament. But more serious than
+these political differences, were the differences in religion. The old
+European quarrels had an echo here, and the catholics of Maryland, the
+episcopalians of Virginia, the puritans of Massachusetts, the baptists of
+Rhode Island, the lutherans of New York, and the quakers of Pennsylvania,
+all had grievances to remember. Travel, which does so much to broaden the
+mind and free it from prejudice, was both difficult and dangerous. The
+French and Indian War, bringing together men from all the colonies, was of
+great service in breaking down intercolonial animosities. Facing the same
+dangers, standing shoulder to shoulder in battle, and mingling with each
+other around the camp fires, the men of the several colonies came to know
+each other better, and this knowledge ripened into affection. The soldiers
+on their return home did much to disseminate the good feeling.
+
+In the second place, the French and Indian War by annihilating all the
+claims of France to American soil removed the principal enemy that had
+rendered the protection of England necessary to the colonies.
+
+In the third place, this war gave the colonists an experience in military
+affairs and a confidence in their own powers which emboldened them to dare
+open rebellion.
+
+And in the fourth place, this war produced the debt which led to the
+taxation which was the most immediate cause of the outbreak.
+
+2. _Various tyrannical acts of the king_. These are given explicitly in
+the Declaration of Independence.
+
+
+_Some Pertinent Questions._
+
+Name a country in the world's history that ever allowed its colonies
+representation in its home parliament or legislative body. Name one that
+does it today. Why do territories in this country desire to become states?
+
+Name some country, other than England, which could have given birth to the
+United States. Prove your proposition.
+
+The Duc de Choiseul, the French minister who signed the treaty whereby
+France yielded to England her claims to American soil, remarked after
+doing it, "That is the beginning of the end of English power in America."
+What did he mean? Upon what did he base his opinion? Why did France help
+the Americans in the Revolutionary War?
+
+What is meant, in speaking of the colonies, by _royal province?_ _Charter_
+government? _Proprietary_ government?
+
+What experience in law making did the colonists have? Where and when did
+the first representative assembly in America convene? Find in the
+Declaration of Independence an expression complaining of
+non-representation in parliament.
+
+To the patriotic and far sighted men who had striven to form a union of
+the colonies, did the religious differences which frustrated their plans
+seem fortunate or unfortunate? Can you see how it came about that we have
+no state church, that we enjoy religious freedom? Doesn't it seem that
+there must have been a Planner wiser than any man who was working out His
+own designs?
+
+
+
+
+CHAPTER XVIII.
+
+THE ARTICLES OF CONFEDERATION.
+
+
+WHAT PRECEDED THEM.
+
+The Revolutionary Period.--The nation was born July 4, 1776. From that
+time until the adoption of the articles of confederation in 1781 the
+people of the United States carried on their governmental affairs by means
+of a congress "clothed with undefined powers for the general good."
+
+This congress had, speaking "in the name and by the authority of the good
+people of these colonies," issued the declaration of independence; it had
+entered into an alliance with France; and it had prosecuted the war almost
+to a successful issue, before it had received any definite warrant for its
+acts. Its acts were justified by necessity, and had their authority in the
+"common consent" of a majority of the people. During nearly all of the
+revolutionary war, the people of the colonies were largely "held together
+by their fears."
+
+
+THE ARTICLES THEMSELVES.
+
+Their History.--But these were pre-eminently a people of peace and good
+order. This is shown in part by the spirit and form of the declaration of
+independence. They had no idea of allowing themselves to lapse or drift
+into anarchy. They understood the necessity for a permanent government.
+
+Accordingly, when, on the eleventh of June, 1776, a committee of congress
+was appointed to "abolish" one form of government by drafting a
+declaration of independence, another committee was appointed to frame a
+plan on which to "institute a new government."
+
+After more than a month's deliberation this committee reported its plan,
+embodied in what is called articles of confederation. This plan was
+discussed from time to time, and finally, somewhat modified, was agreed to
+by congress, November 15, 1777. It was then submitted to the states for
+ratification.
+
+In July, 1778, the articles were ratified by ten of the states. New Jersey
+ratified in November, 1778, and Delaware in February, 1779. But the
+articles were not to become binding until ratified by all the states, and
+Maryland did not authorize her delegates in congress to sign the
+instrument in ratification until March 1, 1781. (Maryland claims to have
+fought through the revolutionary war, not as a member but as an ally of
+the United States.)
+
+Their peculiarities.--The articles of confederation were different from
+our present constitution, both in principle and in method of operation, as
+follows:
+
+1. _The nature of the government formed._ The government was that of a
+"confederation of states," each retaining its sovereignty and
+independence. The union was declared to be a "firm league of friendship."
+It was to be perpetual.
+
+2. _The branches of government._ Only one was provided for, a congress. No
+provision was made for executive or judicial officers apart from the
+congress itself.
+
+3. _The structure of the congress._ The congress consisted of only one
+house or chamber. Members were elected for one year, subject to recall at
+any time, and they were paid by their respective states. No person was
+eligible to membership for more than three years in any period of six
+years. No state could be represented by "less than two, nor more than
+seven members." Each state had one vote.
+
+4. _The powers of congress._ "The United States in congress assembled" had
+power to treat with foreign countries, to send and receive ambassadors, to
+determine peace and war. Congress was the last resort on appeal in all
+disputes between the states; could fix the standard of weights and
+measures, and of the fineness of coin; could establish and regulate
+postoffices; could ascertain and appropriate "the necessary sums of money
+to be raised for the service of the United States;" could borrow money "on
+the credit of the United States;" could agree upon the number of land
+forces and make requisition on each state for its quota; and could appoint
+a committee consisting of one member from each state, to sit during the
+vacations of congress.
+
+5. _Powers denied to the states._ No state could enter into any treaty
+with another state or with a foreign nation, nor engage in war, except by
+consent of "the United States in congress assembled;" nor keep vessels of
+war or a standing army in time of peace, except such number as congress
+should deem necessary.
+
+Reasons for the peculiarities.--Suffering breeds caution. Every one of the
+peculiarities was based upon distrust.
+
+The people were afraid to trust their delegates. This is manifest in the
+shortness of the term, the provision for recall, the reserved right to
+control the delegates by controlling their pay, and the limitation as to
+service.
+
+The states were afraid of each other, especially were the small states
+distrustful of the large ones. This is evidenced in the provision that
+each state should have one vote. By this arrangement the states had equal
+power in the congress.
+
+The people and the states were afraid of the general government. A central
+government was a necessity, but it was given only very limited powers. The
+people would not have an executive officer, because they feared anything
+resembling kingly rule. They did not dare to establish a national
+judiciary having jurisdiction over persons and property, because their
+experience with "trials beyond the sea" had made them wary of outside
+tribunals.
+
+It is to be observed, however, that with all their distrust, in spite of
+the fact that their colonial or state jealousies and habits had returned
+upon them, notwithstanding their specific statement in the instrument
+itself that "each state retains its sovereignty," the instinct of
+nationality was yet strong enough to cause them to continue in the general
+government the actual sovereign powers. Thus, the "United States" alone
+could treat with foreign nations, declare war, and make peace. Another
+great sovereign power, that of coining money, was unfortunately shared by
+the states.
+
+Their defects.--The great defect in the articles of confederation was that
+they placed too little power in the hands of the general government.
+Although congress possessed the right to declare war, it could only
+apportion the quota of men to each state; the states raised the troops.
+And so on with the other powers. The government of the United States
+during the confederation period was "a name without a body, a shadow
+without a substance." An eminent statesman of the time remarked that "by
+this political compact the continental congress have exclusive power for
+the following purposes without being able to execute one of them: They may
+make and conclude treaties; but they can only recommend the observance of
+them. They may appoint ambassadors; but they cannot defray even the
+expenses of their tables. They may borrow money on the faith of the Union;
+but they cannot pay a dollar. They may coin money; but they cannot buy an
+ounce of bullion. They may make war and determine what troops are
+necessary; but they cannot raise a single soldier. In short, they may
+declare everything, but they can do nothing."
+
+The consequences.--"The history of the confederation during the twelve
+years beyond which it was not able to maintain itself, is the history of
+the utter prostration, throughout the whole country, of every public and
+private interest,--of that which was, beyond all comparison, the most
+trying period of our national and social life. For it was the extreme
+weakness of the confederate government, if such it could be called, which
+caused the war of independence to drag its slow length along through seven
+dreary years, and which, but for a providential concurrence of
+circumstances in Europe, must have prevented it from reaching any other
+than a disastrous conclusion. When, at last, peace was proclaimed, the
+confederate congress had dwindled down to a feeble junto of about twenty
+persons, and was so degraded and demoralized, that its decisions were
+hardly more respected than those of any voluntary and irresponsible
+association. The treaties which the confederation had made with foreign
+powers, it was forced to see violated, and treated with contempt by its
+own members; which brought upon it distrust from its friends, and scorn
+from its enemies. It had no standing among the nations of the world,
+because it had no power to secure the faith of its national obligations.
+For want of an uniform system of duties and imposts, [Footnote: Each state
+regulated its own commerce.] and by conflicting commercial regulations in
+the different states, the commerce of the whole country was prostrated and
+well-nigh ruined.... Bankruptcy and distress were the rule rather than the
+exception.... The currency of the country had hardly a nominal value. The
+states themselves were the objects of jealous hostility to each other....
+In some of the states rebellion was already raising its horrid front,
+threatening the overthrow of all regular government and the inauguration
+or universal anarchy." [Footnote: Dr. J. H. McIlvaine in Princeton Review,
+October, 1861. Read also Fiske's Critical Period of American History,
+chapter IV.]
+
+
+
+
+CHAPTER XIX.
+
+THE ORIGIN OF THE CONSTITUTION.
+
+
+"For several years efforts were made by some of our wisest and best
+patriots to procure an enlargement of the powers of the continental
+congress, but from the predominance of state jealousies, and the supposed
+incompatibility of state interests with each other, they all failed. At
+length, however, it became apparent, that the confederation, being left
+without resources and without powers, must soon expire of its own
+debility. It had not only lost all vigor, but it had ceased even to be
+respected. It had approached the last stages of its decline; and the only
+question which remained was whether it should be left to a silent
+dissolution, or an attempt should be made to form a more efficient
+government before the great interests of the Union were buried beneath its
+ruins." [Footnote: Story]
+
+Preliminary Movements.--In 1785 a resolution was passed by the legislature
+of Massachusetts declaring the articles of confederation inadequate, and
+suggesting a convention of delegates from all the states to amend them. No
+action, however, was taken. In the same year commissioners from Virginia
+and Maryland met at Alexandria, Va., to arrange differences relative to
+the navigation of the Potomac, the Roanoke, and Chesapeake Bay. The
+deliberations showed the necessity of having other states participate in
+the arrangement of a compact. In 1786 the legislature of Virginia
+appointed commissioners "to meet such as might be appointed by the other
+states of the Union, ... to take into consideration the trade of the
+United States." Only four states accepted the invitation. Commissioners
+from the five states met at Annapolis, and framed a report advising that
+the states appoint commissioners "to meet at Philadelphia on the second
+Monday in May next, to take into consideration the situation of the United
+States, to devise such further provisions as shall appear to them
+necessary to render the constitution of the federal government adequate to
+the exigencies of the Union." [Footnote: Elliot's Debates] In accordance
+with this suggestion, congress passed a resolution, February 21, 1787,
+recommending that a convention of delegates, "who shall have been
+appointed by the several states, be held at Philadelphia, for the sole and
+express purpose of revising the articles of confederation." [Footnote:
+Elliott's Debates]
+
+
+The Constitutional Convention.--In response to the call of congress,
+delegates from all the states except Rhode Island met in Philadelphia. By
+May 25, a quorum had assembled, the convention organized, with George
+Washington as chairman, and began its momentous work.
+
+It was soon discovered that it would be useless to attempt to amend the
+articles of confederation. They were radically defective, and a new plan
+of government was seen to be necessary. The _national_ idea must be
+re-established as the basis of the political organization.
+
+"It was objected by some members that they had no power, no authority, to
+construct a new government. They certainly had no authority, if their
+decisions were to be final; and no authority whatever, under the articles
+of confederation, to adopt the course they did. But they knew that their
+labors were only to be suggestions; and that they as well as any private
+individuals, and any private individuals as well as they, had a right to
+propose a plan of government to the people for their adoption.... The
+people, by their expressed will, transformed this suggestion, this
+proposal, into an organic law, and the people might have done the same
+with a constitution submitted to them by a single citizen." [Pomeroy's
+Constitutional Law, p. 55]
+
+The labors of the convention lasted four months. The constitution was
+agreed to September 15, 1787.
+
+Some of the difficulties encountered.--Of these perhaps the most
+formidable was the adjustment of power so as to satisfy both the large and
+the small states. So long as the idea of having the congress consist of
+one house remained, this difficulty seemed insurmountable. But the
+proposal of the bicameral congress proved a happy solution of the
+question. [Footnote: See discussion of section 1, Article I.,
+Constitution, page 124.]
+
+Although so much distress had followed state regulation of commerce, and
+although most of the delegates from the commercial states were in favor of
+vesting this power in the federal government, it was only after much
+deliberation, and after making the concession that no export duties should
+be levied, that the power to regulate commerce was vested in congress.
+
+Another perplexing question was the regulation of the slave trade. For two
+days there was a stormy debate on this question. By a compromise congress
+was forbidden to prohibit the importation of slaves prior to 1808, but the
+imposition of a tax of ten dollars a head was permitted.
+
+The men who constituted the convention.--The convention included such men
+as George Washington, Alexander Hamilton, Benjamin Franklin, James
+Madison, Roger Sherman, Gouverneur Morris, Edmund Randolph, and the
+Pinckneys. "Of the destructive element, that which can point out defects
+but cannot remedy them, which is eager to tear down but inapt to build up,
+it would be difficult to name a representative in the convention."
+[Footnote: Cyclopedia of Political Science, vol. I., article
+"Compromises."]
+
+The constitution a growth.--The constitution was not an entirely new
+invention. The men who prepared it were wise enough not to theorize very
+much, but rather to avail themselves of the experience of the ages. Almost
+every state furnished some feature. For instance: The title President had
+been used in Pennsylvania, New Hampshire, Delaware, and South Carolina;
+The term Senate had been used in eight states; the appointment and
+confirmation of judicial officers had been practiced in all the states;
+the practice of New York suggested the president's message, and that of
+Massachusetts his veto; each power of the president had its analogy in
+some state; the office of vice-president came from that of lieutenant
+governor in several of the states.
+
+Some of its peculiarities.--And yet the instrument is one of the most
+remarkable ever penned by man.
+
+1. _It is short_. It would not occupy more than about two columns of a
+newspaper.
+
+2. _It covers the right ground_. It deals with things permanent, and
+leaves transient matters to legislation. Its adaptation to our needs is
+seen in the fact that it has remained substantially unchanged, although in
+territory and population our country has grown immensely.
+
+3. _It is a model in arrangement and language_. The lucidity and
+perspicuity of the language of the constitution have called forth
+expressions of admiration from all who have studied it carefully.
+
+Probably its master-stroke is the creation of the national judiciary.
+
+Let us now proceed to a study of the instrument itself, prepared to weigh
+carefully every sentence.
+
+
+_Some Pertinent Questions_.
+
+Group all the defects of the government under the articles of
+confederation using these two heads: 1. Defects in organization. 2.
+Defects in essential powers.
+
+In the constitutional convention there were several "plans" proposing
+forms of government. State the provisions of the Virginia plan; of the New
+Jersey plan; of the Hamilton plan; the Connecticut plan. Watch for traces
+of each as you proceed in your study of the constitution.
+
+Memorize the following outline of the constitution:
+
+GENERAL OUTLINE OF THE CONSTITUTION.
+
+PREAMBLE, giving reasons for the formation of the constitution.
+
+
+ARTICLE I.--_The Legislative Department_.
+
+Sec. 1. Vestment of power in a congress of two houses.
+
+Sec. 2. House of representatives: apportionment, qualifications, election,
+term, sole powers.
+
+Sec. 3. Senate: apportionment, qualifications, election, term, sole
+powers.
+
+Sec. 4. Congress: time and place of election, time of meeting.
+
+Sec. 5. Houses respectively: relations to members.
+
+Sec. 6. Provisions common: privileges and disabilities.
+
+Sec. 7. Mode of passing laws.
+
+Sec. 8. Powers of congress.
+
+Sec. 9. Prohibitions on congress.
+
+Sec. 10. Prohibitions on the states.
+
+
+ARTICLE II.--_The Executive Department_.
+
+Sec. 1. Vestment of power, term, qualifications, election, etc.
+
+Sec. 2. Powers.
+
+Sec. 3. Duties.
+
+Sec. 4. Responsibility.
+
+
+ARTICLE III.--_The Judicial Department_.
+
+Sec. 1. Vestment of authority, appointment, term, etc.
+
+Sec. 2. Jurisdiction.
+
+Sec. 3. Treason, definition, procedure.
+
+
+ARTICLE IV.--_The States_.
+
+Sec. 1. Mutual credit of official papers.
+
+Sec. 2. Inter-state relations.
+
+Sec. 3. New states and territories.
+
+Sec. 4. Republican form of government guaranteed.
+
+
+ARTICLE V.--_Mode of Amending the Constitution_
+
+
+ARTICLE VI.--_Miscellaneous_
+
+
+ARTICLE VII.--_Ratification_
+
+
+AMENDMENTS.
+
+1-10. Personal rights guaranteed.
+
+11. Limitation on Jurisdiction of U.S. Courts.
+
+12. Mode of electing the president and vice-president.
+
+13-15. Fruits of the Civil War.
+
+[Illustration: PRINCIPAL STORY (For Key see back of page.)]
+
+[Illustration: THE PRINCIPAL STORY OF THE CAPITOL.]
+
+
+
+
+CHAPTER XX.
+
+THE CONSTITUTION OF THE UNITED STATES.
+
+
+THE ENACTING CLAUSE [1] OR PREAMBLE.
+
+_We, the people of the United States,[2] in order to form a more perfect
+union,[3] establish justice,[4] insure domestic tranquillity,[5] provide
+for the common defense,[6] promote the general welfare,[7] and secure the
+blessings of liberty to ourselves and our posterity,[8] do ordain and
+establish this constitution for the United States of America._
+
+[1] The preamble or enacting clause is very important, because it states
+the purposes for which the constitution was framed, and is, therefore, a
+valuable aid in interpreting its provisions.
+
+[2] These words are important, because: First, they recognize the people
+as the source of power. Second, they show that the constitution is
+different in nature from the articles of confederation. The latter was a
+compact between states, adopted by state legislatures acting for the
+states as such; the former was "ordained and established" by "the people
+of the United States," _one_ people, acting as a unit. And the expression,
+which was inserted in the preamble after due deliberation, is, therefore,
+an argument in favor of the proposition that this is a _nation_ and not a
+mere confederacy.
+
+[3] "More perfect" than under the articles of confederation, in which the
+states were declared sovereign and independent. The sovereignty is given
+by the constitution to the general government, which is clothed with ample
+power to maintain its independence. At the same time such limitations are
+placed upon its power as will prevent its becoming despotic.
+
+[4] To establish justice is one of the primary purposes of government.
+Under the articles of confederation there had been no national judiciary,
+and state courts often discriminated against foreigners and citizens of
+other states. To remedy this, to establish fair-handed justice throughout
+the land, the national judiciary was created by the constitution.
+
+[5] "Domestic tranquillity" means here peace among the states and within
+each state. The condition of affairs during the confederation period had
+been woeful. A long war had impoverished the people, and unable to pay
+their taxes they had in several places broken out in rebellion. Each state
+by commercial regulations was trying to better its fortunes even at the
+expense of the others. These regulations, and disputes about boundaries,
+kept the states quarreling among themselves.
+
+By transferring to the general government the power to regulate commerce
+with foreign nations and among the states, by giving it power to enforce
+treaties, and by creating a tribunal with authority to settle
+controversies between states, the framers of the constitution removed in a
+large measure the irritating causes of discord. But to _insure_ peace, the
+general government was expressly given power to put down insurrections in
+the states.
+
+[6] To defend the country is another of the important duties of
+government. The United States could do this better than each state could
+defend itself. Several reasons are obvious. Therefore the general
+government was empowered to raise and maintain an army and navy, and it
+thus became "competent to inspire confidence at home and respect abroad."
+
+[7] "To promote the general welfare" was the great object for which the
+government was organized, and all the provisions of the constitution have
+that in view. This expression was intended to cover all those things which
+a government may properly do for the good of the people. It is very
+elastic, as it was intended to be, and has covered acts as different as
+the purchase of Louisiana, and the endowment of agricultural colleges, the
+granting of a patent, and the establishment of post-offices.
+
+[8] This is a worthy climax to the preamble. The great struggle, which
+began in the mother country, continued through colonial times, and
+culminated in the revolution, had been for liberty. The love of liberty
+had illumined the pathway of the pilgrims crossing unknown seas; it had
+glowed in the Declaration of Independence; it had warmed the hearts of the
+half-clad soldiers at Valley Forge.
+
+Liberty had now been won; the problem was how to render it secure. The
+desired security was to be found only in the formation of a government
+having all powers necessary for national sovereignty and independence,
+while retaining in the states all powers necessary for local
+self-government.
+
+
+
+
+CHAPTER XXI.
+
+ARTICLE I.--THE LEGISLATIVE BRANCH.[1]
+
+
+SECTION I.--CONGRESS.
+
+_All legislative powers herein granted, shall be vested in a congress of
+the United States, which shall consist of a senate and house of
+representatives._[2]
+
+[1] The division of governmental functions among three branches has
+already been discussed on page 79.
+
+The legislative branch comes first and occupies most space in the
+constitution because its framers regarded the legislative as the most
+important branch. And laws must be _made_ before they can be interpreted
+or executed.
+
+[2] The _reason_ for the creation of two houses or chambers was that thus
+only could the conflicting claims of the large and small states be
+reconciled. It was, in fact, a _compromise_, the first of a series.
+
+Only a few in the convention thought at first of having two houses, the
+plan being to continue as under the articles of confederation with one
+house. On the question of apportioning representatives, it was found that
+there was a decided difference of opinion. The small states wished to
+continue the principle of the articles of confederation, which gave the
+several states equal power. But the large states insisted that the power
+of a state should be _in proportion to its population_. The differences
+were finally settled by the creation of two houses, in one of which the
+states should have equal power, and in the other the representation should
+be based upon population.
+
+Connecticut has the honor of furnishing this valuable compromise. In her
+legislature, representation in one house was based on population; in the
+other, the towns had equal representation.
+
+Among the _advantages_ of having two houses, aside from that mentioned on
+page 80, are these: It tends to prevent a few popular leaders from
+carrying through laws not designed for the common good; it secures a
+review of any proposed measure by men elected in different ways and
+looking at it from different standpoints. As our congress is organized,
+the members of the house of representatives, being elected by popular vote
+and for a short term, are likely to represent with considerable
+faithfulness the wishes of the people. But the people may be for a time
+wrong--as, for instance, in the persecution of the "witches"--and
+senators, who by their mode of election and length of term are made
+somewhat independent, can comparatively without fear do what seems right,
+even if temporarily unsupported by public opinion.
+
+
+SECTION II.--HOUSE OF REPRESENTATIVES.[1]
+
+_Clause 1.--Composition and Term._
+
+_The house of representatives shall be composed of members chosen every
+second year[2] by the people[3] of the several states, and the electors[4]
+in each state shall have the qualifications requisite for electors of the
+most numerous branch of the state legislature.[5]_
+
+[1] So called because it represents the people.
+
+[2] The term under the confederation had been one year. This was too short
+to permit any adequate study of the subjects to be legislated upon. This
+longer term, two years, is still short enough to impose upon
+representatives the feeling of responsibility.
+
+The term begins March 4, at noon. The time covered by a representative's
+term is called _a congress;_ thus we speak of the fortieth congress,
+meaning the fortieth two years of our constitutional existence. The name
+also applies to the body constituting our national legislative department
+during that time. Thus we say that a certain person is a member of
+congress.
+
+"A congress" includes two regular sessions and any number of extra
+sessions which the president may see fit to call or which may be provided
+for by law. The first regular session is called "the long session,"
+because congress may remain in session through the summer, if it choose.
+The second is called "the short session," because it must end March 4, at
+noon. Expiring thus by limitation, it lasts not more than about three
+months.
+
+[3] The word _people_ here means _voters_.
+
+Each state is divided by its legislature into congressional districts
+equal in number to the representatives to which it is entitled, and the
+people of each district elect one representative. Sometimes when a state
+has its representation increased after a new census, the old congressional
+districts are left for a time undisturbed, and the added representatives
+are elected "at large," while the others are chosen by districts as
+before.
+
+[4] Voters.
+
+[5] The qualifications for voting in any state are fixed by the state
+itself, and different states require different qualifications. When the
+constitution was framed, but not now, some states required higher
+qualifications in voters for the upper house of the state legislature than
+in voters for the lower; so that more persons could vote for members of
+the lower, which is always the "most numerous" branch, than for the
+higher. Desiring to make the United States house of representatives as
+"popular" as possible, the framers of the constitution determined that all
+whom any state was willing to trust to vote for a member of the lower
+house of the state legislature, the United States could trust to vote for
+members of its lower house.
+
+_Clause 2.--Qualifications_.
+
+_No person shall be a representative who shall not have attained the age
+of twenty-five years,[1] and been seven years a citizen of the United
+States,[2] and who shall not, when elected, be an inhabitant of that state
+in which he shall he chosen.[3]_
+
+[1] For business and voting purposes a man "comes of age" at twenty-one
+years. Four years of probation are considered the least amount of time
+necessary to fit him for the responsibilities of a member of the house of
+representatives.
+
+[2] A born citizen will at twenty-five years of age have been a citizen
+for twenty-five years. A naturalized citizen must have lived in the United
+States for at least twelve years, [Footnote: Eight years in the case of an
+honorably discharged soldier who may become a citizen on one year's
+residence.] five years to become a citizen and seven years afterwards,
+before being eligible to the house of representatives. These twelve years
+will have given him time to become "Americanized."
+
+[3] Residence in the state is required in order that the state may be
+represented by persons interested in its welfare. No length of time is
+specified, however. Residence in the district is not required by the
+constitution, because the distribution of representatives within a state
+is left to the state itself. A person _may_ be chosen to represent a
+district in which he does not live, and this has been done in a few
+instances. One does not lose his seat by moving from the district or even
+from the state, but propriety would impel resignation.
+
+
+WHO MAY NOT BE REPRESENTATIVES.
+
+1. Persons holding any office under the United States. [I., 6, 2.]
+
+2. Persons who by engaging in rebellion against the United States have
+violated their oath to support the constitution, unless the disability be
+removed. [Am. XIV., 3.]
+
+_Clause 3.--Apportionment._
+
+The parts of this clause enclosed in brackets are now obsolete.
+
+_Representatives and direct taxes[1] shall be apportioned among the
+several states which may be included within this Union, according to their
+respective numbers,[2] [which shall he determined by adding to the whole
+number of free persons[3] including those bound to service [4] for a
+number of years, and] excluding Indians not taxed, [three-fifths of all
+other persons.[5]] The actual enumeration[6] shall he made within three
+years after the first meeting of the congress of the United States,[7] and
+within every subsequent term of ten years, in such manner as they shall by
+law direct. The number of representatives shall not exceed one for every
+thirty thousand,[8] but each state shall have at least one
+representative,[9] [and until such enumeration shall he made, the State of
+New Hampshire, shall be entitled to choose three, Massachusetts eight,
+Rhode Island and Providence Plantations one, Connecticut five, New York
+six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six,
+Virginia ten, North Carolina five, South Carolina five, and Georgia
+three.]_
+
+[1] These are like the usual local taxes; that is, "poll" taxes and taxes
+on real and personal property. A tax on incomes derived from such property
+was, in May, 1895, declared by the United States Supreme Court to be a
+direct tax. United States direct taxes have been laid only in 1798, 1813,
+1815, 1816, 1862.
+
+[2] The revolutionary war had just been fought to maintain the principle,
+"taxation and representation go hand in hand," and this provision was made
+in harmony therewith. The including of direct taxes was a concession to
+the slaveholding states.
+
+[3] Men, women and children. [4] Apprentices.
+
+[5] Slaves. The framers of the constitution did not like to use the word
+"slave," and therefore used this expression. Most of them, even the
+slaveholders, hoped that slavery would soon cease to be.
+
+In determining the persons to be enumerated, much difficulty was
+encountered. The slaveholding states wished the slaves counted as
+individuals, claiming that they had as much right to be represented as had
+women, children and other non-voters. The non-slaveholding [Footnote: In
+all the states except Massachusetts slavery then existed. But in the
+northern states the number of slaves was so small, that we may call them
+"non-slaveholding."] states thought that being held as property they
+should not be counted at all for purposes of representation. This
+provision in the constitution was the outcome,--another compromise.
+
+[6] Called the _Census_. The prime purpose in taking the census is to find
+out the number of people in each state, so that representation may be
+equalized. But the census takers collect at the same time a vast amount of
+other useful information upon the agriculture, manufactures, commerce,
+etc., of the country. Reports of the census are published by the
+government for gratuitous distribution.
+
+[7] The first meeting of congress was held in 1789, and the first census
+was taken in 1790.
+
+[8] To prevent the House from becoming too large. But the population of
+the United States has constantly and rapidly increased, so that the "ratio
+of representation," as it is called, has been made greater at each census.
+It now takes 173,901 people to secure a representative. (For ratio in each
+decade, see pages 312-13.)
+
+[9] So that even the smallest states shall be represented.
+
+_Clause 4.--Vacancies._
+
+_When vacancies[1] happen in the representation from any state, the
+executive authority[2] thereof shall issue writs of election[3] to fill
+such vacancies.[4]_
+
+[1] Vacancies usually happen through the death or resignation of the
+incumbent. But a vacancy may be made by the expulsion of a member or by
+the election of an ineligible person.
+
+[2] The governor or acting governor.
+
+[3] That is, he orders an election. The order is printed in the newspapers
+of the district, and specifies the time the election is to be held. At the
+time specified the electors vote as in regular elections. This is called a
+"special election."
+
+[4] The person elected serves for the unexpired term.
+
+_Clause 5.--House Powers.
+
+The House of Representatives shall choose their speaker[1] and other
+officers;[2] and shall have the sole power of impeachment[3]._
+
+[1] Called so in imitation of the title of the presiding officer of the
+British House of Commons, who was originally called the speaker because he
+acted as spokesman in communicating to the king the wishes of the House.
+
+The speaker is chosen by ballot from among the members, and serves during
+the pleasure of the House. At the beginning of each congress a new
+election is held. A speaker may be re-elected. Henry Clay served as
+speaker for ten years.
+
+The duties of the speaker are prescribed by the rules of the House. So
+far, he has always appointed the committees. As the work of legislation is
+largely shaped by committees, it may be fairly asked whether any one else
+can so affect the legislation of the country as can the speaker--whether,
+indeed, he has not too much power.
+
+[2] The most important "other officers" are the clerk and the
+sergeant-at-arms.
+
+The clerk, as his title would indicate, has charge of the records of the
+House. He has a number of assistants.
+
+The sergeant-at-arms acts under the orders of the speaker in keeping order
+and in serving processes. His duties in the House resemble those of the
+sheriff in court.
+
+The doorkeeper, postmaster, and chaplain, have duties indicated by their
+titles.
+
+These officers are elected by the House and serve during its pleasure,
+usually two years. Assistants are appointed by the officers whom they
+assist.
+
+None of these officers are members of the House.
+
+[3] An impeachment is a solemn accusation in writing, formally charging a
+public officer with crime. "The articles of impeachment are a sort of
+indictment; and the House, in presenting them, acts as a grand jury, and
+also as a public prosecutor." [Footnote: Story's Exposition of the
+Constitution of the United States.]
+
+For further discussion of impeachment, see pages 138, 203 and 331. A very
+interesting account of the impeachment trial of Secretary Belknap is given
+in Alton's _Among the Lawmakers_, pages 245-250. Mr. B. is hidden under a
+fictitious name.
+
+On impeachment, see also Wilson's _Congressional Government_, page 275.
+
+
+WRITTEN EXERCISE.
+
+Each member of the class should prepare a tabulation like this, filling
+out the blanks briefly.
+
+HOUSE OF REPRESENTATIVES.
+
+I. NUMBER--
+   1. Based upon.
+   2. Limitations.
+      (a)
+      (b)
+II. QUALIFICATIONS.
+   1.
+   2.
+   3.
+   4.
+   5.
+III. ELECTION--
+IV. TERM--
+Y. VACANCY--
+
+
+_Pertinent Questions._
+
+What is a constitution? A law? A preamble? How many of the reasons
+assigned in the preamble for establishing this government are general and
+how many are special?
+
+How many houses do most legislative bodies have? How many did the congress
+under the confederation have? Why? Why has congress two houses?
+
+How many representatives has this state in the U.S. congress? Give their
+names by districts. In which district do you live? When was your
+representative elected? By the census of 1880, Alabama had a population of
+1,262,505; how many representatives should it have? Nevada had only 62,261
+inhabitants, but has a representative; how do you account for the fact?
+What proportion of U.S. officers are elected?
+
+What is the "most numerous branch" of this state's legislature called?
+What qualifications must electors to that house have? Whom else can such
+persons therefore vote for? If this state desired higher qualifications in
+electors for United States representatives, how could she require them?
+Should not the United States designate the qualifications of voters for
+members of congress? May one who is not a citizen of the United States
+vote for a member of congress?
+
+What is the number of the present congress? When did it begin? How many
+members in the present House of Representatives? Just how was that number
+determined? Name the speaker. What political party is in the majority in
+the present House? Is congress now in session?
+
+Must a representative reside in the _district_ from which he is chosen? If
+your representative should move to another state, would he lose his seat?
+If a person twenty-four years and ten months old at the time of election
+should be chosen representative, would he be eligible?
+
+How long must an alien live in the United States to be eligible to the
+house? Is there any exception?
+
+If $13,000,000 were to be raised for the use of the United States by
+direct taxation, how much would this state have to pay? How much would
+Alaska have to pay? How would this state raise the money?
+
+Are there any people in this state who are not counted in making up the
+representative population?
+
+When was the first United States census taken? How many have since been
+taken? When was the last taken? When will the next be taken?
+
+How did members of congress vote under the confederation? How do they now
+vote?
+
+How is Utah represented in congress? The District of Columbia?
+
+What five states had the largest representation in the first congress?
+What five have now? Which two have fewer members now than in the first
+congress? Which three have just the same number?
+
+Name the present officers of the House of Representatives. Are any of them
+from this state?
+
+How does our House of Representatives compare with the British House of
+Commons in the number of members? In the length of their terms? In the age
+required for eligibility? What famous speech have you read in reply to one
+in which a certain member of the House of Commons had been alluded to
+contemptuously as "a young man?"
+
+Could one who is not a voter be elected to the house? Is a woman eligible?
+Could the state impose other qualifications than those mentioned in the
+constitution?
+
+
+SECTION III.--THE SENATE.[1]
+
+_Clause 1.--Composition._
+
+_The Senate of the United States shall be composed of two senators from
+each state,[2] chosen by the legislature thereof,[3] for six years;[4] and
+each senator shall have one vote.[5]_
+
+[1] Latin _senatus_, from _senex_, an old man. This dignified term seems a
+favorite, being used in many countries to designate the upper house. In
+other countries a term is used having the same signification.
+
+[2] This arrangement will be remembered as the concession made by the
+large states to the small ones.
+
+Had the number of senators been fixed at one from each state, equality of
+power among the states would still have been secured; but sickness or
+accident might then leave a state unrepresented. By having two, this
+difficulty is obviated. The two can consult about the needs of their state;
+and the Senate is large enough to "confer power and encourage firmness."
+Three from each state would bring no advantages which are not now secured,
+while the Senate would be unnecessarily large and expensive.
+
+[3] This mode of election was fixed upon for two reasons: First, the
+senators represent the state, as such, and hence it seemed proper that
+they should be chosen by the body which acts for the state in its
+corporate capacity; second, the members of the House of Representatives
+being elected by the people, it was deemed advisable to elect the senators
+in a different way, in order that, by representing different elements,
+each house might act as a check upon the other. Incidentally, election by
+the legislature was considered good, because it would serve as a
+connecting link between the states and the United States.
+
+[4] The long term gives dignity and independence to the position of
+senator; it gives assurance of stability in the national councils, and
+tends to secure for them confidence at home and respect abroad; it raises
+senators "above the whims and caprices of their constituents, so that they
+may consult their solid interests, rather than their immediate wishes."
+
+[5] Under the confederation each state had from two to seven members of
+congress, but only one vote. If the delegation was equally divided on any
+question, or if only one member was present, the state lost its vote.
+
+By the present arrangement a state need not go entirely unrepresented on
+account of the absence of one of its senators.
+
+_Clause 2.--Classification and Vacancies._
+
+_Immediately after they shall be assembled in consequence of the first
+election, they shall be divided, as equally as may be, into three
+classes.[1] The seats of the senators of the first class shall be vacated
+at the expiration of the second year; of the second class, at the
+expiration of the fourth year; and of the third class, at the expiration
+of the sixth year;[2] so that one-third may be chosen every second year;
+and if vacancies happen by resignation, or otherwise, during the recess of
+the legislature of any state, the executive thereof may make temporary
+appointments until the next meeting of the legislature, which shall then
+fill such vacancies.[3]_
+
+[1] The object of this division is to secure for the Senate at all times a
+large proportion of experienced members. By this arrangement, too, the
+Senate becomes a permanent body, ready at any time to convene for the
+consideration of treaties, for the trial of impeachments, or for
+confirming executive appointments.
+
+[2] Only ten states were represented when, on May 15, 1789, this
+classification was first made. (North Carolina and Rhode Island had not
+yet ratified the constitution, and New York's senators had not yet
+presented their credentials.) The twenty senators had on the preceding day
+been grouped by name into three classes, two of seven senators each, and
+one of six. By the drawing of three numbered slips of paper, seven fell
+into class 1, seven into class 2, and six into class 3, with terms ending
+March 3, 1791, 1793, and 1795, respectively. After the classification had
+been fixed, the two senators from New York appeared. One was placed, by
+lot, in class 3 (thus filling the classes), and then the other, also by
+lot, in class 1. The two senators from the next state, North Carolina,
+were therefore placed in the unfilled classes 2 and 3. Since 1795, each
+class holds for six years, and a senator's term expires with that of his
+class.
+
+[3] Senators represent the state, and are elected by the body which acts
+for the state,--by the legislature if in session, temporarily by the
+governor if it is not.
+
+_Clause 3.--Qualifications_.
+
+_No person shall be a senator, who shall not have attained to the age of
+thirty years,[1] and been nine years a citizen of the United States,[2]
+and who shall not, when elected, be an inhabitant of that state from which
+he shall be chosen.[3]_
+
+[1] This was also the age for eligibility to the Roman Senate. It is five
+years more than the requirement for membership in the House.
+
+[2] Two years of citizenship more than required of a representative. As
+the Senate acts with the president in making treaties, this requirement
+seems none too great.
+
+[3] The propriety of this is self-evident. (I. 2: 2.)
+
+_Clause 4.--Presiding Officer._
+
+_The vice-president of the United States shall be president of the
+Senate,[1] but shall have no vote,[2] unless they be equally divided.[3]_
+
+[1] This arrangement was made for three reasons:
+
+First. It would give the vice-president something to do.
+
+Second. Partaking in the executive business of the Senate would give the
+vice-president excellent training for the duties of the presidency, in
+case he should be called thereto.
+
+Third. The equality of power among the states would remain undisturbed.
+Had it been arranged that the Senate should choose its own presiding
+officer from among its members, one state might thereby gain (or lose)
+power in the Senate.
+
+[2] Because he is not a member of the Senate. For this reason, also, he
+cannot take part in debates, nor can he appoint committees. These are
+elected by the Senate itself.
+
+[3] But for his casting vote; a "dead-lock" might occur on some important
+question. This "might give rise to dangerous feuds, or intrigues, and
+create state or national agitations."
+
+_Clause 5.--Other Officers._
+
+_The Senate shall choose their other officers,[1] and also a president pro
+tempore,[2] in the absence of the vice-president, or when he shall
+exercise the office of president of the United States._
+
+[1] These are similar to those of the House. (See p. 131.)
+
+[2] The president _pro tempore_ is chosen from among the senators. Being a
+senator, he can debate and vote upon any question. He cannot, of course,
+give a "casting vote," because that would virtually give him two votes.
+
+The president _pro tempore_ serves during the pleasure of the Senate, or
+until the expiration of his senatorial term.
+
+It is the general practice for the vice-president to vacate his chair at
+the beginning of the session, to permit the Senate to chose a president
+_pro tempore_, so that if during vacation the vice-president should become
+president, the Senate might not be without a presiding officer. Until
+recently this was quite important, for the president _pro tempore_ of the
+Senate was next to the vice-president in the succession to the presidency.
+But the succession has been changed. (See p. 190.)
+
+_Clause 6.--Impeachment._
+
+_The Senate shall have the sole power to try all impeachments.[1] When
+sitting for that purpose, they shall be on oath or affirmation.[2] When
+the president of the United States is tried, the chief Justice shall
+preside;[3] and no person shall be convicted without the concurrence of
+two-thirds of the members present.[4] Judgement in cases of impeachment
+shall not extend further than to removal from office, and disqualification
+to hold and enjoy any office of honor, trust or profit, under the United
+Sates;[5] but the party convicted shall, nevertheless, be liable and
+subject to indictment, trial, judgment and punishment, according to
+law.[6]_
+
+[1] For the mode of conducting impeachments, see pages 131 and 331.
+
+To have impeachments tried by a court of law would be unwise for several
+reasons: In the first place, judges should be kept free from political
+contests, in order that they may retain the proper judicial frame of mind.
+In the second place, judges are appointed by the executive, who may be the
+one impeached. Lastly, a judge is himself subject to impeachment.
+
+[2] To enhance the solemnity of the occasion. The British House of Lords
+when sitting as a high court of impeachment is not under oath. But courts
+usually are.
+
+[3] The vice-president, having interest in the result, would be
+disqualified. The chief justice, from the dignity of his station and his
+great experience in law, seems the fittest person to preside on such a
+grave occasion. Except in this single instance, however, the
+vice-president presides in trials on impeachment.
+
+[4] In an ordinary court, the verdict of the jury must be unanimous. To
+require similar agreement in this case would be to make it next to
+impossible ever to convict. To allow a bare majority to convict would be
+to place too little protection over a public officer.
+
+[5] But for this provision abuses of power might occur in times of
+political excitement and strife. The question which the Senate settles is
+simply whether, in view of the evidence, the accused is or is not worthy
+to hold public office.
+
+[6] This provision was inserted to prevent an official who had been
+deposed for crime from pleading the principle that "No one can be twice
+tried and punished for the same offense."
+
+
+WRITTEN EXERCISE.
+
+COMPARATIVE TABULATION.
+
+POINTS CONSIDERED.              HOUSE OF R.    SENATE
+
+Number...............................................
+                    Age
+Qualifications......Citizenship......................
+                    Inhabitancy
+Election.............................................
+Term.................................................
+Vacancy..............................................
+Presiding Officer  Title.............................
+                   How Chosen........................
+Sole Powers..........................................
+        _Debate._
+
+Resolved, That United States Senators should be elected by the people.
+
+
+_Pertinent Questions._
+
+Name the present senators from this state. When were they elected? Were
+they elected to fill a vacancy or for a full term? How many times has each
+been elected?
+
+How many more senators has New York that Rhode Island? How many members in
+the present Senate? How many in each class? When the next state is
+admitted, in what classes will its senators be placed? How will the class
+of each be decided?
+
+Why not have senators chosen for life?
+
+If one of our senators should resign today, to whom would the resignation
+be addressed? How would the vacancy be filled? How long would the
+appointee serve? Could the governor appoint himself?
+
+How long at least must an alien live in the United States before being
+eligible to the Senate? Has anyone ever been refused admission, after
+being duly elected, on account of shortness of citizenship?
+
+Who is now vice-president? Who is president _pro tempore_ of the Senate?
+Why is it not correct under any circumstances to speak of the president
+_pro tempore_ as vice-president?
+
+Has the vice-president's vote ever helped to carry any measures of great
+importance?
+
+If every senator be "present," what number of senators would it take to
+convict? Does the accused continue to perform his official duties during
+the trial? Was President Johnson impeached? Is there any appeal from the
+Senate's verdict? How do senators vote in cases of impeachment? How is
+judgment pronounced?
+
+What punishments follow conviction on impeachment in other countries?
+
+What is treason? Bribery? What are crimes? High crimes? Misdemeanors?
+
+How is an impeachment trial conducted? (See appendix.)
+
+
+SECTION IV.--ELECTIONS AND MEETINGS.
+
+_Clause 1.--Elections to Congress._
+
+_The times, places and manner of holding elections for senators and
+representatives, shall be prescribed in each state by the legislature
+thereof: but the congress may at any time, by law, make or alter such
+regulations,[1] except as to the place of choosing senators.[2]_
+
+[1] Until 1842 these matters were left entirely with the several states.
+Congress then provided that representatives should be elected by districts
+of contiguous territory, equal to the number of representatives. It has
+since provided that elections for representatives shall be by ballot, and
+that the election shall be on the first Tuesday after the first Monday of
+November in the even numbered years.
+
+The time and mode of electing senators are given on page 333.
+
+[2] This would in effect be giving congress power to locate the capital of
+a state.
+
+_Clause 2.--Meetings._
+
+_The congress shall assemble at least once in every year, and such meeting
+shall be on the first Monday in December, unless they shall by law appoint
+a different day._
+
+They have _not_ by law appointed a different day.
+
+"Annual meetings of the legislature have long been deemed, both in England
+and America, a great security to liberty and justice." By making provision
+in the constitution for annual meetings, the duty could not be evaded.
+
+Extra sessions of congress may be called at any time by the president or
+be provided by law. There used to be three sessions, one beginning March
+4.
+
+The _place_ of meeting is not named, because the capital had not been
+located, and in some cases it might be desirable to hold the session
+elsewhere.
+
+
+SECTION V. SEPARATE POWERS AND DUTIES.
+
+_Clause 1. Membership: Quorum._
+
+_Each house shall be the judge of the elections, returns and
+qualifications of its own members,[1] and a majority of each shall
+constitute a quorum to do business;[2] but a smaller number may adjourn
+from day to day, and may be authorized to compel the attendance of absent
+members, in such manner, and under such penalties, as each house may
+provide.[3]_
+
+[1] This means simply that each house has the power to determine who are
+entitled to membership in it. This has long been recognized in free
+countries as a right belonging to a legislative body, necessary to the
+maintenance of its independence and purity--even its existence. But when
+the parties are nearly balanced, the majority is tempted to seat its
+fellow-partizan.
+
+[1] This is the number usually established as a quorum for a deliberative
+body. Certainly no smaller number should have a right to transact
+business, for that would give too much power to an active minority. And to
+require more than a majority, would make it possible for a minority to
+prevent legislation.
+
+[3] Under the rules no member has a right to be absent from a session
+unless excused or sick. Unexcused absentees, unless sick, may be arrested
+and brought to the capitol by the sergeant-at-arms or a special messenger.
+
+When fewer than fifteen members are present, they usually adjourn.
+
+_Clause 2.--Discipline._
+
+_Each house may determine the rules of its proceedings,[1] punish its
+members for disorderly behavior, and with the concurrence of two-thirds,
+expel a member.[2]_
+
+[1] The rules are intended to facilitate business, by preventing confusion
+and unnecessary delay. They are designed also to check undue haste.
+
+The rules of each house are based upon the English parliamentary practice,
+as are the rules of all legislative or deliberative bodies wherever the
+English language is spoken. (See "Manuals" of Senate and House.)
+
+[2] It seems unlikely that even in times of great excitement two-thirds of
+either house would favor expulsion unless it were deserved. This is also,
+it will be observed, the number necessary to convict in case of
+impeachment.
+
+_Clause 3.--Publicity._
+
+_Each house shall keep a journal of its proceedings, and, from time to
+time, publish the same,[1] excepting such parts as may, in their judgment,
+require secrecy;[2] and the yeas and nays[3] of the members of either
+house, shall at the desire of one-fifth of those present, be entered on
+the journal.[4]_
+
+[1] This is to give publicity to the proceedings of congress, for the
+benefit of both legislators and constituents. This provision is a valuable
+one, in spite of the fact that demagogues are sometimes able thereby to
+gain cheap glory.
+
+To give still further publicity to the proceedings, spectators and
+newspaper reporters are admitted to the gallery of each house, and members
+may have their speeches printed and distributed.
+
+[2] The House of Representatives rarely has a secret session. But the
+Senate still keeps its executive sessions secret.
+
+[3] For methods of voting see page 314.
+
+[4] The purpose of this provision is to make members careful how they
+vote, for the record is preserved. It will be noticed that the number
+necessary to secure the record is small.
+
+While this provision is intended to protect the minority, by enabling them
+to impose responsibility upon the majority, it is open to abuse. It is
+sometimes used by a minority to delay unnecessarily the proper transaction
+of business. (For a graphic account of "filibustering," see Among the Law
+Makers, 165-173.)
+
+_Clause 4--Adjournment._
+
+_Neither house, during the session of congress, shall without the consent
+of the other, adjourn for more than three days, nor to any other place
+than that in which the two houses shall be sitting._
+
+The purpose of this provision is evident.
+
+The sessions of congress may end in any one of three ways:
+
+1. The terms of representatives may end.
+
+2. The houses may agree to adjourn.
+
+[Illustration: SENATE CHAMBER]
+
+[Illustration: HOUSE OF REPRESENTATIVES]
+
+[Illustration: STATE, WAR AND NAVY DEPARTMENTS.]
+
+[Illustration: INTERIOR DEPARTMENT]
+
+3. In case of disagreement between the houses as to the time of
+adjournment, the president may adjourn them. (This contingency has never
+yet arisen, however.)
+
+
+SECTION VI. MEMBERS.
+
+_Clause 1.--Privileges._
+
+_The senators and representatives shall receive a compensation for the
+services,[1] to be ascertained by law,[2] and paid out of the treasury of
+the United States.[3] They shall in all cases except treason,[4]
+felony,[4] and breach of the peace, be privileged from arrest during their
+attendance at the session of their respective houses, and in going to and
+returning from the same;[5] and for any speech or debate in either house,
+they shall not be questioned in any other place.[6]_
+
+[1] See discussion in connection with state legislature, p. 85.
+
+[2] The salary of congressmen is, therefore, fixed by themselves, subject
+only to the approval of the president. It is now $5000 a year, and
+mileage. The speaker receives $8000 a year and mileage. The president _pro
+tempore_ of the Senate receives the same while serving as president of the
+Senate.
+
+[3] They are serving the United States.
+
+[4] Defined on pages 158 and 211.
+
+[5] So that their constituents may not for frivolous or sinister reasons
+be deprived of representation.
+
+[6] That is, he cannot be sued for slander in a court of justice, but he
+can be checked by his house, if necessary, and the offensive matter
+omitted from the Record.
+
+The purpose of this provision is not to shield cowards in speaking ill of
+persons who do not deserve reproach, but to protect right-minded members
+in exposing iniquity, no matter how the doers of it may be intrenched in
+wealth or power.
+
+_Clause 2.--Restrictions._
+
+_No senator or representative shall, during the time for which he was
+elected, be appointed to any civil office under the authority of the
+United States, which shall have been created, or the emoluments whereof
+shall have been increased during such time;[1] and no person holding any
+office under the United States shall be a member of either house during
+his continuance in office.[2]_
+
+[1] The obvious purpose of this provision is to remove from members of
+congress the temptation to create offices with large salaries for their
+own benefit, or to increase for a similar reason the salaries of offices
+already existing. It was designed also to secure congress from undue
+influence on the part of the president.
+
+The wisdom of the provision has, however, been seriously questioned. "As
+there is a degree of depravity in mankind, which requires a certain degree
+of circumspection and distrust, so there are other qualities in human
+nature, which justify a certain portion of esteem and confidence.
+Republican government presupposes the existence of these qualities in a
+higher form, than any other. It might well be deemed harsh to disqualify
+an individual from any office, clearly required by the exigencies of the
+country, simply because he had done his duty.... The chances of receiving
+an appointment to a new office are not so many, or so enticing, as to
+bewilder many minds; and if they are, the aberrations from duty are so
+easily traced, that they rarely, if ever, escape the public reproaches.
+And if influence is to be exerted by the executive, for improper purposes,
+it will be quite as easy, and its operation less seen, and less suspected,
+to give the stipulated patronage in another form." [Footnote: Judge
+Story.]
+
+[2] This was to obviate state jealousy, to allay the fears entertained by
+some that the general government would obtain undue influence in the
+national councils.
+
+
+TABULAR VIEW.
+
+Each pupil may make out a tabulation, giving briefly the facts called for
+in this outline:
+
+I. CONGRESSIONAL ELECTIONS, HOW REGULATED.
+II. SESSIONS OF CONGRESS--
+     1. Frequency.
+     2. Time of beginning.
+III. POWERS AND DUTIES OF EACH HOUSE--
+     1. Membership.
+     2. Quorum.
+     3. Discipline.
+     4. Publicity.
+     5. Adjournment.
+IV. MEMBERS OF CONGRESS--
+     1. Privileges.
+     2. Restrictions.
+
+
+_Debate._
+
+Resolved, That members of the cabinet should have seats in congress _ex
+officio._
+
+
+_Pertinent Questions._
+
+Why not leave the power to regulate congressional elections unreservedly
+with the states? Where are the United States senators from this state
+elected?
+
+How are United States senators elected? See appendix.
+
+Is congress now in session? Will the next session be the long or the short
+one? When, within your recollection, was there an "extra session" of
+congress? Could the president convene one house without the other? Which
+is the longest session of congress on record? Does congress meet too
+often?
+
+Where does congress now meet? Is that the best place? At what different
+places has congress met since the adoption of the constitution?
+
+If two persons should claim the same seat in the House of Representatives,
+who would decide between them? How would the contest be carried on? (See
+page 330.) Has there ever been a "contested" election from this state?
+
+What number of representatives is the least that could transact business?
+The least number of senators? The least number of representatives that
+could possibly pass a bill? Of senators? What is done if at any time
+during the proceedings it is found that there is "no quorum present?"
+
+Has a member ever been expelled from either house? May either house punish
+for disorder persons who are not members? Can either house temporarily set
+aside all of its rules?
+
+Did you ever see a copy of the Congressional Record? If congress be now in
+session, make a weekly report of its proceedings. How could you see
+congress in session? Could you be a spectator at a committee meeting? How
+could you witness an "executive session" of the Senate?
+
+Can a member be punished for an offense committed before he was elected?
+
+How is voting usually done in a deliberative assembly? How in Congress?
+How are territories represented in congress?
+
+Distinguish between the "capital" and the "capitol" of the United States.
+Who has power to locate the capital of the United States?
+
+Has the salary of congressmen ever been more than $5000 a year? How were
+congressmen paid under the confederation?
+
+What is meant by the House resolving itself into a _committee of the
+whole?_
+
+When does the freedom from arrest of a member of congress begin? When does
+it end? Could a summons be served upon him during that time?
+
+What is slander? Libel? Is a member of congress liable for the publication
+of his speech in the Congressional Record? Would he be responsible if he
+should have it published in any other than the official way?
+
+Can a member of congress resign to accept an office already in existence,
+and whose emoluments have not been increased during his term? Give
+examples. If a United States officer be elected to congress, how long can
+he retain his office? Could a member of congress be appointed to a
+_military_ office created during his term? Can a member be appointed
+_after his term is out_ to an office created during his term?
+
+Is a member of congress an officer of the United States?
+
+
+SECTION VII.--LAW MAKING.
+
+_Clause 1.--Revenue Bills._
+
+_All bills for raising revenue[1] shall originate in the House of
+Representatives;[2] but the Senate may propose or concur with amendments,
+as on other bills.[3]_
+
+[1] That is, bills in relation to the levying of taxes or for bringing
+money into the treasury in any other way.
+
+[2] Because the representatives are nearer to the people, who must pay the
+taxes, and can therefore be more readily held to account.
+
+[3] Such bills in England originate in the House of Commons, and the House
+of Lords has no power of amendment.
+
+The purpose of giving the Senate power to amend is to preserve the due
+influence of the small states in this important matter.
+
+_Clause 2.--Mode of Making Laws._
+
+_Every bill which shall have passed the House of Representatives and the
+Senate,[1] shall, before it becomes a law, be presented to the president
+of the United States;[2] if he approve, he shall sign it; but if not, he
+shall return it, with his objections, to that house in which it shall have
+originated, who shall enter the objections at large on their journal, and
+proceed to reconsider it. If, after such reconsideration, two-thirds of
+that house shall agree to pass the bill, it shall be sent, together with
+the objections, to the other house, by which it shall likewise be
+considered, and, if approved by two-thirds of that house, it shall become
+a law.[3] But in all such cases the votes of both houses shall be
+determined by yeas and nays, and the names of the persons voting for and
+against the bill shall be entered on the journal of each house,
+respectively.[4] If any bill shall not he returned by the president within
+ten days (Sundays excepted) after it shall have been presented to him, the
+same shall he a law, in like manner as if he had signed it,[5] unless the
+congress, by their adjournment, prevent its return, in which case it shall
+not be a law.[6] [1] Or the Senate and House of Representatives, since any
+bills except those for raising revenue may originate in either house.
+
+[2] The two great purposes of giving the president a negative upon
+legislative acts, are to protect the proper authority of the executive
+from the encroachments of the congress, and to interpose a stay on hasty
+legislation.
+
+[3] The veto of the Roman Tribune was final, as is that of almost every
+European sovereign today. _But no British king or queen has vetoed an act
+of Parliament in the last hundred and eighty years._ In Norway, if a bill,
+vetoed by the king, passes three successive Storthings, it becomes a law.
+
+[4] To secure a permanent record for future reference. This helps to
+render members careful how they vote.
+
+[5] This gives due time for consideration, but prevents the president's
+killing a bill by ignoring or neglecting it.
+
+[6] Thus congress (which has the very human failing of "putting off" or
+postponing) cannot break down the veto power of the president, by pouring
+an avalanche of bills upon him within the last few days of the session.
+
+But the president can easily kill any bill which he does not like, if it
+is presented within ten days of the adjournment of congress, simply by
+keeping it. This is called "pocketing" a bill, or "the pocket veto."
+
+_Clause 3.--Joint Resolutions._
+
+_Every order, resolution, or vote to which the concurrence of the Senate
+and House of Representatives may be necessary (except on a question of
+adjournment), shall be presented to the president of the United States;
+and before the same shall take effect, shall be approved by him, or, being
+disapproved by him, shall be repassed by two-thirds of the Senate and
+House of Representatives, according to the rules and limitations
+prescribed in the case of a bill._
+
+The purpose of this provision is to prevent congress from passing a law
+under some other name.
+
+The resolution to adjourn is excepted, because, as we have seen, the time
+for adjournment is generally a matter of agreement between the houses.
+
+A resolution passed by the two houses, but not intended to have the force
+of law, such as an agreement to do something, is called a concurrent
+resolution, and does not require the president's signature.
+
+
+_Pertinent Questions._
+
+What is a "bill?" What is meant by entering the objections "at large?" Why
+is there no committee of ways and means in the Senate?
+
+How many members in each house does it take for the first passage of a
+bill? How many after the president's veto? Does the expression two-thirds
+refer to the entire number in a house, or to the number voting?
+
+State three ways in which a bill may become a law. Five ways in which it
+may fail.
+
+During what time has the president the equivalent of an absolute veto?
+
+Does a resolution merely expressing an _opinion_ of either or both houses
+need the president's signature? Does a resolution proposing an amendment
+to the constitution?
+
+Is the president bound to enforce a law passed over his veto?
+
+
+_A Summary._
+
+"We have now completed the review of the structure and organization of the
+legislative department; and it has been shown that it is admirably adapted
+for a wholesome and upright exercise of the powers confided to it. All the
+checks which human ingenuity has been able to devise, or at least all
+which, with reference to our habits, our institutions, and our diversities
+of local interests, to give perfect operation to the machinery, to adjust
+its movements, to prevent its eccentricities, and to balance its forces:
+all these have been introduced, with singular skill, ingenuity and wisdom,
+into the arrangements. Yet, after all, the fabric may fall; for the work
+of man is perishable. Nay, it must fall, if there be not that vital spirit
+in the people, which alone can nourish, sustain and direct all its
+movements. If ever the day shall arrive, in which the best talents and the
+best virtues, shall be driven from office by intrigue or corruption, by
+the denunciations of the press or by the persecution of party factions,
+legislation will cease to be national. It will be wise by accident, and
+bad by system." [Footnote: Story's Exposition of the Constitution of the
+United States.]
+
+
+_Review._
+
+Compare the organization of congress under the constitution with that of
+congress under the confederation. Show the superiority of our present
+organization. Specify some of the "checks" referred to by Judge Story.
+
+Read Woodrow Wilson's Congressional Government, pp. 40, 41, 52, 219, 228,
+283-5, 311. Also, Among the Lawmakers, Chapter 33.
+
+
+
+
+CHAPTER XXII.
+
+SECTION VIII.--POWERS VESTED IN CONGRESS.
+
+
+_Clause 1.--Taxation._
+
+_Congress shall have power:_
+
+_To lay and collect taxes[1], duties, imposts and excises, to pay the
+debts and provide for the common defense and general welfare of the United
+States;[2] but all duties, imposts and excises shall be uniform throughout
+the United States.[3]_
+
+For discussion of methods of taxation, see page 316.
+
+[1] The want of power in congress to impose taxes was, perhaps, the
+greatest defect of the articles of confederation; therefore in the
+constitution this was the first power granted to congress.
+
+[2] As usually interpreted, the phrase beginning, "to pay the debts," is
+intended to state the purposes for which taxes may be levied. But this
+limitation is merely theoretical, for taxes are levied before being
+expended.
+
+[3] This is to prevent legislation in favor of any state or section, as
+against other states or sections.
+
+_Clause 2.--Borrowing._
+
+_To borrow money on the credit of the United States._
+
+It should not be necessary, ordinarily, for congress to exercise this
+power. But in times of war the regular sources of income may not be
+sufficient, hence the necessity of this power to provide for extraordinary
+expenses. It is one of the prerogatives of sovereignty; it is
+indispensable to the existence of a nation.
+
+For more about national borrowing, see page 317.
+
+_Clause 3.--Regulation of Commerce._
+
+_To regulate commerce[1] with foreign nations, and among the several
+states,[2] and with the Indian tribes.[3]_
+
+[1] The power to regulate commerce implies the power to prescribe rules
+for traffic and navigation, and to do such things as are necessary to
+render them safe. It has been interpreted to cover, among other things,
+the imposition of duties, the designation of ports of entry, the removal
+of obstructions in bays and rivers, the establishment and maintenance of
+buoys and lighthouses, and legislation governing pilotage, salvage from
+wrecks, maritime insurance, and the privileges of American and foreign
+ships.
+
+[2] The power to regulate commerce with foreign nations should go hand in
+hand with that of regulating commerce among the states. This power had,
+under the confederation, been in the hands of the several states. Their
+jealousies and rivalries had led to retaliatory measures upon each other.
+This condition of affairs was encouraged by other nations, because they
+profited by it. At the time of the adoption of the constitution, business
+was terribly depressed, and the bitterness of feeling among the states
+would probably soon have disrupted the Union. Therefore, "to insure
+domestic tranquility," and "to promote the general welfare," the power to
+regulate commerce was delegated to the general government.
+
+[3] This control is exercised even when the Indians live within the
+boundaries of a state.
+
+By placing the power to regulate commerce with Indians in the hands of the
+general government it was hoped that uniformity of regulations and the
+strength of the government would secure peace and safety to the frontier
+states.
+
+_Clause 4.--Naturalization and Bankruptcy._
+
+_To establish a uniform rule of naturalization[1] and uniform laws on the
+subject of bankruptcies[2] throughout the United States._
+
+[1] Naturalization is the process by which an alien becomes a citizen. The
+mode is given on page 319.
+
+[2] A bankrupt is one who has been declared by a court to be owing more
+than he can pay.
+
+The purposes of a bankrupt law are:
+
+1. To secure an equitable distribution of all the debtor's property among
+the creditors.
+
+2. To secure to the debtor a complete discharge from the indebtedness.
+
+_Clause 5.--Coinage and Measures._
+
+_To coin money,[1] regulate the value thereof[2] and of foreign coin,[3]
+and fix the standard of weights and measures.[4]_
+
+[1] This is another "sovereign power," and cannot be exercised by states,
+counties or cities. Coinage by the United States secures uniformity in
+value, and thereby facilitates business.
+
+To "coin money" is simply to stamp upon a precious metal the value of the
+given piece. [Footnote: When metals were first used as money, they were
+weighed and their purity was determined by testing. This invited fraud.]
+For convenience in business transactions, these are coined of certain
+sizes. To discourage the mutilation of coins for sinister purposes, they
+are "milled" on the edges, and the stamp covers each face so that the
+metal could hardly be cut off without the coin showing defacement.
+
+[2] The value is shown by the stamp.
+
+[3] Otherwise, foreign coin would become an article of commerce, and it
+would be more difficult to regulate the value of domestic coin.
+
+[4] This power congress has never exercised. But see Johnson's Cyclopedia,
+article Gallon.
+
+_Clause 6.--Punishment of Counterfeiting._
+
+_To provide for the punishment of counterfeiting the securities and
+current coin of the United States._
+
+This is "an indispensable appendage" of the power granted in the preceding
+clause, that of coining money.
+
+To discourage counterfeiting, the "securities" are engraved with rare
+skill and upon peculiar paper. The penalties for counterfeiting are
+printed on the back of some of the "greenbacks."
+
+Under "securities" are included bonds, coupons, national currency,
+"greenbacks," revenue and postage stamps, and all other representatives of
+value issued under any act of congress.
+
+_Clause 7.--Postoffices._
+
+_To establish postoffices[1] and post roads.[2]_
+
+[1] The beneficence and usefulness of the postoffice every one can
+appreciate; it ministers to the comfort of all, rich and poor.
+
+Placing the management of the postoffices with the general government
+secures greater efficiency and economy than would be possible if it were
+vested in the states.
+
+[2] Congress generally uses roads already in existence. These are
+regularly selected, however, and declared to be post roads before they are
+used as such. The "road" may be a waterway.
+
+But under authority of this clause congress has established some post
+roads. The principal highway thus established was the Cumberland road from
+the Potomac to the Ohio. The Union Pacific and Central Pacific railways
+were built under the authority and with the assistance of the United
+States as post and military roads.
+
+_Clause 8.--Copyrights and Patents._
+
+_To promote the progress of science and useful arts, by securing, for
+limited times, to authors and inventors, the exclusive right to their
+respective writings and discoveries._
+
+No one denies that an author or inventor is entitled to a fair reward for
+what he has done. But if every one were at liberty to print the book or to
+make the article invented, the due reward might not be received.
+
+The wisdom of granting this power to the general government becomes
+apparent when we consider how poorly the end might be secured if the
+matter were left to the states. A person might secure a patent in one
+state and be entirely unprotected in the rest.
+
+For further information upon this subject, see pages 318-19.
+
+_Clause 9.--United States Courts._
+
+_To constitute tribunals inferior to the Supreme Court._
+
+Under this provision, congress has thus far constituted the following:
+
+1. United States Circuit Courts of Appeal, one in each of the nine
+judicial circuits of the United States.
+
+2. United States Circuit Courts, holding at least one session annually in
+each state.
+
+3. United States District Courts, from one to three in each state. See
+pages 307-9.
+
+4. A United States Court of Claims, to hear claims against the government.
+Such claims were formerly examined by congress.
+
+Although not strictly United States Courts, the following may also be
+mentioned here, because they were established under authority of this
+clause:
+
+1. The Supreme Court of the District of Columbia.
+
+2. A Supreme Court and District Courts in each territory.
+
+"Constituting" these courts involves establishing them, designating the
+number, appointment, and salaries of the judges, and the powers of each
+court. The term of United States judges is "during good behavior." This is
+fixed by the constitution (Art. III., section 1). The term of a
+territorial judge is four years.
+
+_Clause 10.--Crimes at Sea._
+
+_To define and punish piracies[1] and felonies[2] committed on the high
+seas[3] and offenses against the law of nations.[4]_
+
+[1] Piracy is robbery at sea, performed not by an individual but by a
+ship's crew. Pirates are outlaws, and may be put to death by any nation
+capturing them.
+
+[2] A felony is any crime punishable by death or state prison. Felony
+covers murder, arson, larceny, burglary, etc. But congress may define
+piracy and felony to cover more or fewer crimes.
+
+[3] The "high seas" are the waters of the ocean beyond low water mark. Low
+water mark is the limit of jurisdiction of a state, but the jurisdiction
+of the United States extends three miles further into the ocean, and
+includes all bays and gulfs.
+
+Beyond the three-mile limit, the ocean is "common ground," belonging not
+to one nation but to all. Each nation has jurisdiction, however, over its
+merchant ships on the high seas, but not in a foreign port, and over its
+war ships everywhere.
+
+[4] For an outline of the Law of Nations, see page 346.
+
+Cases arising under this clause have been placed in the jurisdiction of
+the United States District Courts.
+
+_Clause 11.--Declaration of War._
+
+_To declare war,[1] grant letters of marque and reprisal[2] and make rules
+concerning captures on land and water.[3]_
+
+[1]: A declaration of war is a solemn notice to the world that hostilities
+actually exist or are about to commence.
+
+The power to declare war is one of the attributes of sovereignty. If this
+power were in the hands of the several states, any one of them could at
+any time involve the whole country in the calamities of war, against the
+wishes of all the other states. With all their fear of the general
+government, shown in the character of the articles of confederation, the
+people in framing that instrument saw the necessity of vesting this power
+in the general government.
+
+In monarchies, the power to declare war is generally vested in the
+executive. But in a republic, it would be dangerous to the interests and
+even the liberties of the people, to entrust this power to the president.
+
+To put the thought in other words, the power to declare war belongs to the
+sovereign: in this country, the people are sovereign, therefore the power
+to declare war belongs to the people, and they act through their
+representative body, congress. (See pages 351-4.)
+
+[2] These are commissions granted to private persons usually in time of
+war, authorizing the bearer to pass beyond the boundaries of his own
+country for the purpose of seizing the property of an enemy.
+
+Sometimes such a letter is granted in times of peace, "to redress a
+grievance to a private citizen, which the offending nation refuses to
+redress." By authority of such a commission, the injured individual may
+seize property to the value of his injury from the subjects of the nation
+so refusing. But this practice is properly becoming rare.
+
+[3] Vessels acting under letters of marque and reprisal are called
+_privateers_, and the captured vessels are called _prizes_.
+
+Prizes are usually sold under authority of the United States District
+Court, and the proceeds divided among the crew of the ship making the
+capture.
+
+The proceeds of captures on land belong to the government.
+
+_Clause 12.--Maintenance of Armies._
+
+To raise and support armies;[1] but no appropriation of money to that use
+shall be for a longer term than two years.[2]_
+
+[1] This is another sovereign power, and would seem the necessary
+accompaniment of the power to declare war. Under the confederation,
+however, congress could only designate the quota of men which each state
+ought to raise, and the actual enlistment of men was done by the several
+states. Their experience in carrying on the Revolutionary War on that
+basis satisfied them that efficiency and economy would both be secured by
+vesting this power in the general government.
+
+[2] But to prevent misuse of the power, this proviso was inserted. As
+representatives are elected every two years, the people can promptly check
+any attempt to maintain an unnecessarily large army in times of peace.
+
+A standing army is dangerous to liberty, because it is commanded by the
+executive, to whom it yields unquestioning obedience. Armies obey
+_commands_, while citizens comply with _laws_. And thus a large standing
+army creates a _caste_, out of sympathy with the lives of citizens. More
+than one republic has been overthrown by a successful military leader,
+supported by a devoted army.
+
+As a matter of fact, congress makes the appropriation annually.
+
+_Clause 13.--The Navy._
+
+_To provide and maintain a navy._
+
+The navy is necessary to protect fisheries and commerce. And in times of
+war the navy is needed to protect our sea coast, to transport soldiers, to
+cripple the enemy's resources, and to render blockades effectual.
+
+It will be noticed that there is no limitation upon appropriations for the
+navy. This is for two general reasons: First, there is nothing to fear
+from a navy. "No nation was ever deprived of its liberty by its navy."
+Second, it takes time to provide a navy, and it should therefore be kept
+at all times in a state of efficiency.
+
+For further information about the army and navy, see page 309.
+
+_Clause 14.--Army and Navy Regulations._
+
+_To make rules for the government and regulation of the land and naval
+forces._
+
+This is an incident to the preceding powers.
+
+The army and navy regulations prescribe duties of officers, soldiers and
+seamen, and provide for the organization and management of courts martial.
+Disobedience to orders and insubordination are crimes in a soldier or
+sailor; and refusal to pay just debts or any other conduct "unbecoming to
+a gentleman," are punishable offenses in an officer. Thus it is seen that
+military law takes cognizance of offenses not usually noticed by civil
+law.
+
+_Clause 15.--The Militia._
+
+_To provide for calling forth the militia[1] to execute the laws of the
+Union, suppress insurrections and repel invasions.[2]_
+
+[1] Congress has declared the militia to be "all citizens and those who
+have declared their intention to become such, between the ages of eighteen
+and forty-five." These constitute what is called the unorganized militia.
+The military companies and regiments formed by authority of United States
+and state laws constitute the organized militia.
+
+One of two policies we must pursue, either to maintain a large standing
+army or to depend upon the citizen-soldiers to meet emergencies. For
+several reasons, we prefer the latter. That our citizen-soldier may be
+depended upon has been demonstrated on many a battlefield.
+
+[2] The clause specifies the purposes for which the militia may be called
+out. These are three in number. Each state may for similar purposes call
+forth its own militia.
+
+Under the laws of congress, the president is authorized in certain
+emergencies to issue the call. This he directs to the governors of states,
+and those called on are bound to furnish the troops required.
+
+On three occasions only have the militia been called out under this clause:
+In the Whisky Rebellion of 1794, to enforce the laws; in the war of 1812,
+to repel invasion; and in the Civil War, to suppress insurrection.
+
+_Clause 16.--Organization of the Militia._
+
+_To provide for organizing, arming, and disciplining the militia, and for
+governing such part of them as may be employed in the service of the
+United States,[1] reserving to the states respectively, the appointment of
+the officers, and the authority of training the militia according to the
+discipline prescribed by congress.[2]_
+
+[1] Thus only can the uniformity so essential to efficiency be secured.
+
+[2] This is designed as a proper recognition of the right of each state to
+have militia companies and to control them, subject only to the necessary
+limitation mentioned.
+
+The militia of a state consists of one or more regiments, with the proper
+regimental and company officers appointed by state authority. When these
+are mustered into the service of the United States and are formed into
+brigades and divisions, the appointment of the general officers is vested
+in the president.
+
+_Clause 17.--Exclusive Legislation._
+
+_To exercise exclusive legislation in all cases whatsoever, over such
+district (not exceeding ten miles square) as may, by the cession of
+particular states, and the acceptance of congress, become the seat of
+government of the United States,[1] and to exercise like authority over
+all places purchased by the consent of the legislature of the state in
+which the same shall be, for the erection of forts, magazines, arsenals,
+dock yards, and other needful buildings.[2]_
+
+[1] This refers to the territory afterwards selected, and now known as the
+District of Columbia.
+
+The purpose of this provision is to free the general government from
+having to depend upon the protection of any state, and to enable it to
+secure the public buildings and archives from injury and itself from
+insult. [Footnote: The Continental Congress, while the capital was at
+Philadelphia, had to adjourn to Princeton to escape the violence of some
+dissatisfied soldiers. See Fiske's Critical Period of American History,
+page 112.]
+
+Congress governed the District of Columbia directly until 1871, when for
+three years the experiment was tried of governing it as a territory. The
+territorial government in that time ran in debt over $20,000,000 for
+"public improvements," and congress abolished it.
+
+The supervision of the district is now in the hands of three
+commissioners, appointed by the president, but controlled by congressional
+legislation.
+
+[2] The propriety of the general government having exclusive authority
+over such places is too obvious to need comment. Crimes committed there
+are tried in the United States District Courts, but according to the laws
+of the state or territory.
+
+The state in making the cession usually reserves the right to serve civil
+and criminal writs upon persons found within the ceded territory, in order
+that such places may not become asylums for fugitives from justice.
+
+_Clause 18.--Implied Powers._
+
+_To make all laws which shall be necessary and proper for carrying into
+execution the foregoing powers, and all other powers vested by this
+constitution in the government of the United States, or in any department
+or officer thereof._
+
+This clause does not grant any new power. "It is merely a declaration, to
+remove all uncertainty, that every power is to be so interpreted, as to
+include suitable means to carry it into execution." [Footnote: Story.]
+
+It will be noticed that the powers of congress are enumerated, not
+defined, in the constitution; and the above clause has given rise to the
+doctrine of "implied powers," the basis of many political controversies.
+
+Following are samples of "implied powers:"
+
+By clause 2, congress has power "to borrow money on the credit of the
+United States." Implied in this, is the power to issue securities or
+evidences of debt, such as treasury notes. "To increase the credit of the
+United States, congress may make such evidences of debt a legal tender for
+debts, public and private." [Footnote: Lalor's Cylopedia of Political
+Science.]
+
+Congress has power (clause 11) "to declare war." By implication it has
+power to prosecute the war "by all the legitimate methods known to
+international law." To that end, it may confiscate the property of public
+enemies, foreign or domestic; it may confiscate, therefore, their slaves.
+(See Emancipation Proclamation, page 362. For a hint of what congress
+_might_ do, see Among the Lawmakers, p. 296.)
+
+
+_Pertinent Questions._
+
+1. In what two ways may the first part of the first clause be interpreted?
+In what ways does the government levy taxes? How much of the money paid to
+the local treasurer goes to the United States? Have you ever paid a U.S.
+tax? Did you ever buy a pound of nails? Do you remember the "stamps" that
+used to be on match boxes? How came they there? Was that a direct or an
+indirect tax? A man who pays for a glass of beer or whisky pays a U.S.
+tax. How? Every time a person buys a cigar he pays a U.S. tax. If there be
+a cigar factory within reach, talk with the proprietor about this matter.
+Look at a cigar box and a beer keg to find some evidence of the tax paid.
+Name some things which were taxed a few years ago but are not now. What is
+a custom house? A port of entry? What are they for? Name the port of entry
+nearest to you. What is the present income of the United States from all
+kinds of taxation? What is done with the money? Look up the derivation of
+the word _tariff_.
+
+2. _How_ does the government "borrow?" Does the government owe you any
+money? If you have a "greenback," read its face. If the government is
+unable or unwilling to pay a creditor, what can he do? What is the
+"credit" of the United States? How much does the United States government
+owe, and in what form is the debt? How came it to be so large? Is the
+government paying it up? How much has been paid this fiscal year? What
+rate of interest has the government to pay? What is the current rate for
+private borrowers? How is it that the government can borrow at so low a
+rate? What is a "bond-call," and how is it made?
+
+3. Has congress power to _prohibit_ commerce with one or more foreign
+nations? Has it power to regulate commerce carried on wholly within a
+state? Can you buy lands from the Indians? Can the state? Has congress
+imposed a tariff to be paid in going from one state to another? What has
+requiring the engineer of a steamboat to secure a government license to do
+with "regulating commerce?" When did congress under this clause prohibit
+American merchant ships from leaving port? Under what provision of the
+constitution does congress impose restrictions upon the railroads? Does
+congress exercise any control over railroads lying wholly within one
+state? Why?
+
+4. How can an alien become naturalized? Who are citizens of the United
+States? (See Amend. XIV.) Is a child of American parents, born during a
+temporary absence from this country, a citizen or an alien? An alien
+living in this country has children born here; are they citizens or
+aliens? A child is born on the ocean, while its parents are on the way
+here to found a new home and intending to become citizens; what is the
+status of the child? Are you a citizen? How may female aliens become
+citizens? Why should they desire to do so? How did citizens of Texas at
+the time of its admission become citizens of the United States?
+
+What is an insolvent law? Has this state such a law? Can this state pass a
+bankrupt law? Can any state? Why? Is there any United States bankrupt law?
+Has congress ever passed such a law?
+
+5. What is money? Is a bank bill money? Read one and see whether it
+pretends to be. What gold coins have you ever seen? What others have you
+heard of? What silver coins have you ever seen? What others have you heard
+of? What other coins have you seen or heard of? How are coins made? Where
+is the United States mint located? Where are the branch mints? How much
+value does the stamp of the government add to a piece of gold? Is there a
+dollar's worth of silver in a silver dollar? Why? (See Jevons' Money and
+the Mechanism of Exchange.)
+
+How are national banks organized? (See appendix.) Under what
+constitutional provision does congress exercise this power? Are any banks
+organized under state authority? What is meant by "legal tender?"
+
+Are foreign coins "legal tender" at the rate fixed by congress? For the
+value of the principal foreign coins, see appendix. Can congress punish
+counterfeiting of these coins?
+
+Is there a standard pound in this state? A standard bushel?
+
+6. Look on the back of a greenback for the law about counterfeiting. Is
+there any law against _passing_ counterfeits?
+
+7. When was our postoffice department established? Who was placed at the
+head of it? Who is the postmaster general? What is meant by "presidential
+offices" in speaking of postoffices? What are the present rates of postage
+in the United States? How much does it cost to send a letter to England?
+To Prussia? To Australia? When were postage stamps introduced? Stamped
+envelopes? Postal cards? In what four ways may money be sent by mail?
+Explain the workings and advantages of each method. What is the dead
+letter office?
+
+What is meant by the franking privilege? Find the rates of postage in the
+United States, in 1795, 1815, 1845, 1850, 1860. Does the power to
+establish post roads, authorize congress to make internal improvements?
+What is meant by "star route?"
+
+8. Is this book copyrighted? Name some book that is not copyrighted. What
+things besides books are copyrighted? Can a copyright be sold? How is a
+copyright secured? How long do copyrights continue in force? How may they
+be renewed? Must new editions be copyrighted?
+
+What is a patent? How are "letters patent" secured? How may an inventor
+secure time to perfect his invention? How can a patent be sold? May a
+person, not the patentee, make a patented article for his own use? Name
+ten important patented inventions. What is the purpose of the government
+in granting patents? Is this always secured? How does the expiration of a
+patent affect the price of an invention? If a person invents an article
+which proves helpful to millions of people, is it unfair that he should
+make a fortune out of it?
+
+9. By what authority does congress organize courts in the territories?
+Could congress establish more than _one_ Supreme Court? Name the United
+States District Judge for this state. The United States Attorney. The
+United States Marshal. If you had a claim against the United States how
+would you get your money?
+
+10. Who may punish a pirate? Can a pirate claim the protection of the
+American flag?
+
+11. Has the United States ever formally declared war? May war begin
+without a formal declaration? Does the president act with congress in
+declaring war, as in case of a law?
+
+What protection is afforded by letters of marque and reprisal? Name some
+well known privateers. Tell about the "Alabama Claims," and their
+settlement. Upon what principle of international law did the decision
+hinge? See page 353.
+
+12. With what other power is that of _raising an army_ intimately
+connected? That of maintaining an army? How large is the United States
+army at the present time? Give arguments in favor of the _militia_ system,
+as against that of a large standing army. What circumstances favor us in
+adopting the militia system? What country in Europe is most like us in
+this respect? Why is this possible in that country? Where are most of the
+officers of the U.S. army educated? How are appointments to the
+institution made? By what authority has congress established it? What is a
+military "draft?"
+
+Who has charge of this department of the government? Name the four highest
+officers in the U. S. army. For the organization of the army, see page
+309.
+
+13. Name the present secretary of the navy; the two highest naval
+officers. Where are most of the naval officers educated? How does the navy
+of the United States compare with the navies of other great powers? Why?
+For organization of navy, see appendix.
+
+14. What is the difference between military law and martial law? How are
+these "rules" made known? What is the source of authority in a military
+court? In a civil court? Is there any liability of a conflict of
+jurisdiction between these courts? When was flogging abolished in the
+army? In the navy? What punishments are inflicted by courts martial?
+
+15. Distinguish between the militia and the regular army. Between militia
+and "volunteers."
+
+16. How many regiments of organized militia in this state? Name the
+principal regimental officers. By whose authority were these appointed? Is
+there any "company" near you? Have you seen them drilling? Who prescribed
+the "tactics?"
+
+17. Over what portions of this state has congress this "exclusive
+jurisdiction?" Give a brief sketch of the District of Columbia. When and
+by whom was slavery abolished therein?
+
+18. Why should this be spoken of as "the sweeping clause?"
+
+
+_Debate._
+
+Resolved, That free trade should be the ultimate policy for any country.
+
+
+_References._
+
+PROTECTION.--Articles in Cyclopedias; Casey's Social Science, McKean's
+Abridgment; Greeley's Political Economy; Byle's Sophisms of Free Trade;
+Elder's Questions of the Day; Bowen's Political Economy.
+
+FREE TRADE.--Articles in Cyclopedias; Grosvenor's Does Protection Protect?
+Sumner's History of Protection in U.S.; Fawcett's Free Trade and
+Protection; David A. Wells' Essays; Pamphlets published by the Free Trade
+Club, N.Y.
+
+A very fair statement of both views may be found in Macvane's Political
+Economy.
+
+
+SECTION IX.--PROHIBITIONS ON CONGRESS.
+
+_Clause 1.--The Slave Trade._
+
+_The migration or importation of such persons[1] as any of the states now
+existing shall think proper to admit, shall not be prohibited by congress
+prior to the year one thousand eight hundred and eight, but a tax or duty
+may he imposed on such importation,[2] not exceeding ten dollars for each
+person.[1]_
+
+[1] The framers of the constitution disliked to tarnish the instrument by
+using the word slave, and adopted this euphemism.
+
+At that time there was a general desire, not ripened into a purpose
+however, that slavery might soon cease to exist in the United States.
+
+This clause, which permitted the continuance for a time of the slave
+_trade_, was a concession to North Carolina, South Carolina and Georgia.
+The other states had already prohibited the slave trade, and it was hoped
+by all that before the time specified the abolition of slavery would be
+gradually accomplished.
+
+[2] No such tax was imposed.
+
+This provision is now obsolete, and is of interest only historically. (For
+further discussion of slavery, see page 343.)
+
+_Clause 2.--The Writ of Habeas Corpus._
+
+_The privileges of the writ of habeas corpus shall not be suspended,
+unless when in cases of rebellion or invasion the public safety may
+require it._
+
+"It has been judicially decided that the right to suspend the privilege of
+the writ rests in congress, but that congress may by act give the power to
+the president." [Footnote: Lalor's Cyclopedia of Political Economy]
+
+The privilege of the writ never was suspended by the general government
+until 1861. Questionable suspensions of the writ, covering a very limited
+territory, had been made in two or three instances by generals.
+
+So valuable as a "bulwark of liberty" is this writ considered to be, that
+the courts of the United States have decided that, even in time of war,
+the privilege of the writ can be suspended only in that part of the
+country actually invaded, or in such a state of war as to obstruct the
+action of the federal courts.
+
+_Clause 3.--Certain Laws Forbidden._
+
+_No bill of attainder[1] or ex post facto law[2] shall be passed._
+
+[1] A bill of attainder was a legislative conviction for alleged crime,
+with judgment of death. Those legislative convictions which imposed
+punishments less than that of death were called bills of pains and
+penalties. [Footnote: Cooley's Constitutional Limitations] The term is
+here used in its generic sense, so as to include bills of pains and
+penalties.
+
+The great objection to _bills_ of attainder is that they are purely
+_judicial_ acts performed by a _legislative_ body. A legislative body may
+and should try a _political_ offense, and render a verdict as to the
+worthiness of the accused to hold public office. But to try him when
+conviction would deprive him of any of his personal rights--life, liberty,
+or property,--should be the work of a duly organized _judicial_ body.
+
+This provision, then is directed not so much against the penalty (for
+limitations upon penalties are found elsewhere in the constitution,) as
+against the mode of trial. Or we may say that it is intended to prevent
+conviction _without_ a trial; for in previous times legislative bodies had
+frequently punished political enemies without even the form of a trial, or
+without giving them an opportunity to be heard in their own defense, by
+passing against them bills of attainder.
+
+[2] An _ex post facto_ law is, literally, one which acts back upon a deed
+previously performed. But as here intended, it means a law making _worse_
+such an act, either by declaring criminal that which was not so regarded
+in law when committed, or by increasing the penalty and applying it to the
+act previously performed.
+
+But a law may be passed making _better_, in a sense, some previous act.
+That is, an unforseen but imperative necessity may call for the doing of
+something which is not unlawful, but which needs, yet has not received,
+the sanction of law. This act may _afterwards_ be _legalized_ by the
+legislature.
+
+The things forbidden by this clause would, if permitted, render unsafe all
+those personal rights for the security of which the constitution was
+framed and the government founded.
+
+_Clause 4.--Direct Taxes_
+
+_No capitation or other direct tax shall be laid, unless in proportion to
+the census or enumeration hereinbefore directed to be taken._
+
+This clause emphasizes the first sentence of clause three, section two, of
+this article. It was _intended_ to prevent the taxation of the _two-fifths
+of the slaves_ not enumerated for representation, and was evidently
+inserted as a concession to the slave states. But the abolition of slavery
+takes from the clause all force except that mentioned at the beginning of
+this paragraph.
+
+No capitation tax (that is, so much _per head_) has ever been levied by
+the general government.
+
+_Clause 5.--Duties on Exports._
+
+_No tax or duty shall be laid on articles exported from any state._
+
+This was designed to prevent discrimination against any state or section.
+
+Though the question has never been judicially determined, it is generally
+understood that since anything exported must be exported from some state
+(or territory), this clause prohibits _all_ export duties.
+
+_Clause 6.--Commercial Restrictions._
+
+_No preference shall be given by any regulation of commerce or revenue to
+the ports of one state over those of another; nor shall vessels bound to
+or from one state, be obliged to enter, clear or pay duties in another._
+
+This provision has the same object in view as that which requires duties
+to be uniform--the impartial treatment of the several states. It shows,
+too, the fear felt by many that the general government _might_ show
+partiality.
+
+The latter part of the clause virtually establishes free trade among the
+states.
+
+_Clause 7.--Care of Public Funds._
+
+_No money shall be drawn from the treasury but in consequence of
+appropriations made by law; and a regular statement and account of the
+receipts and expenditures of all public money shall he published from time
+to time._
+
+There are two great purposes to be subserved by this provision: First, to
+impose upon those handling the money a feeling of responsibility, and thus
+to increase the probability of carefulness; second, to prevent the use of
+public funds for any purpose except those authorized by the
+representatives of the people. This is in harmony with the provision which
+gives to congress the power to raise money.
+
+Incidentally, too, this is a protector of our liberties. Those who have
+charge of the public purse are appointees of the president. But for this
+provision he might, as rulers in arbitrary governments do, use the public
+treasury to accomplish his own private purposes; and one of these purposes
+might be the overthrow of our liberties. This thought undoubtedly was a
+prominent one in the minds of the framers of the constitution.
+
+The account of receipts and expenditures is reported to congress annually
+by the secretary of the treasury.
+
+_Clause 8.--Titles of Nobility._
+
+No title of nobility shall be granted by the United States;[1] and no
+person holding an office of profit or trust under them, shall, without the
+consent of the congress, accept of any present, emolument, office, or
+title of any kind whatever, from any king, prince, or foreign state[2]_.
+
+[1] This is in harmony with the principle "All men are created equal."
+And, while in society there are classes and grades based upon learning,
+wealth, etc., we intend that all shall be equal before the law, that there
+shall be no "privileged classes."
+
+[2] The purpose of this is evident--to free public officers from
+blandishments, which are many times the precursors of temptations to
+treason.
+
+An amendment to the constitution was proposed in 1811, prohibiting any
+citizen from receiving any kind of office or present from a foreign power,
+but it was not ratified.
+
+
+SECTION X.--PROHIBITIONS ON THE STATES.
+
+_Clause 1.--Unconditional Prohibitions._
+
+_No state shall enter into any treaty, alliance, or confederation;[1]
+grant letters of marque and reprisal;[2] coin money;[3] emit bills of
+credit;[4] make anything but gold and silver coin a tender in payment of
+debts;[5] pass any bill of attainder,[6] ex post facto law,[6] or law
+impairing the obligation of contracts,[7] or grant any title of
+nobility.[6]_
+
+[1] Otherwise the intrigues of foreign nations would soon break up the
+Union.
+
+[2] Had the states this power, it would be possible for any one of them to
+involve the whole country in war.
+
+[3] This provision secures the uniformity and reliability of our coinage.
+
+[4] A state may borrow money and may issue bonds for the purpose. But
+these bonds are not bills of credit, because they are not designed to
+circulate as money.
+
+The evils of state issuance of bills of credit we cannot appreciate, but
+the framers of the constitution had experienced them, and based this
+provision on that bitter experience.
+
+[5] This has the same general purpose as the preceding.
+
+It will be observed that there is no such prohibition on the United
+States, and the implied power to emit bills of credit and to make things
+other than gold and silver legal tender, has been exercised.
+
+[6] Forbidden to the states for the same reason that they are forbidden to
+the United States.
+
+[7] The purpose is to preserve the legal obligation of contracts. "The
+spirit of the provision is this: A contract which is legally binding upon
+the parties at the time and place it is entered into by them, shall remain
+so, any law of the states to the contrary notwithstanding." [Footnote:
+Tiffany quoted by Andrews.]
+
+Under this provision many questions have arisen. One of them is this: May
+a state pass insolvent or bankrupt laws? It has been decided by the United
+States Supreme Court that a state may pass insolvent laws upon _future_
+contracts, but not upon _past_ contracts. But no state can pass a bankrupt
+law.
+
+_Clause 2.--Conditional Prohibitions._
+
+No state shall, without the consent of the congress,[1] lay any imposts or
+duties on imports or exports, except what may be absolutely necessary for
+executing its inspection laws;[2] and the net produce of all duties and
+imposts, laid by any state on imports or exports, shall be for the use of
+the treasury of the United States;[3] and all such laws shall be subject
+to the revision of the congress.[4] No state shall, without the consent of
+congress, lay any duty of tonnage,[5] keep troops or ships of war in time
+of peace,[6] enter into any agreement or compact with another state,[7] or
+with a foreign power,[7] or engage in war, unless actually invaded, or in
+such imminent danger as not to admit of delay.[8]_
+
+[1] By implication, congress may give the states permission to do the
+things enumerated in this paragraph. But it never has.
+
+[2] The inspection laws are designed to secure to consumers quality and
+quantity in commodities purchased. Thus, in some states there is a dairy
+commissioner whose duty it is to see that no substance is offered for sale
+as butter which is not butter. And officers may be appointed to inspect
+the weights and measures in stores. Such officers may be provided for
+without the consent of congress. But no fees can be charged for this
+service more than are necessary to pay the officers. In other words, the
+offices cannot be made a source of revenue to the state.
+
+[3] This is to free the states from any temptation to use the power which
+might be conferred under this clause for their own gain, to the detriment
+of a sister state.
+
+[4] This secures to congress the control of the matter.
+
+[5] That is, a tax upon the carrying power of a ship. This is in harmony
+with the provision which forbids the states to levy duties on imports.
+
+[6] This prohibits the keeping of a standing army, but each state may have
+its organized militia.
+
+[7] In the preceding clause, the states are forbidden to enter into
+treaties, etc.,--that is, into _political_ compacts; and the prohibition
+is absolute. Here they are prohibited from entering into _business_
+compacts, unless permitted by congress.
+
+[8] For a state to engage in war would be to embroil the country in war.
+But the militia might be sent to repel invasion. They would, however, be
+defending not the state simply, but also the United States.
+
+"We have thus passed through the positive prohibitions introduced upon the
+powers of the states. It will be observed that they divide themselves into
+two classes: those which are political in their character, as an exercise
+of sovereignty, and those which more especially regard the private rights
+of individuals. In the latter the prohibition is absolute and universal.
+In the former it is sometimes absolute and sometimes subjected to the
+consent of congress. It will at once be perceived how full of difficulty
+and delicacy the task was, to reconcile the jealous tenacity of the states
+over their own sovereignty, with the permanent security of the national
+government, and the inviolability of private rights. The task has been
+accomplished with eminent success." [Footnote: Story.]
+
+
+_Pertinent Questions._
+
+When was slavery introduced into the United States? Give an account of the
+steps taken to abolish it.
+
+What is the use of the writ of habeas corpus? If a sane person were
+confined in an asylum, how could he be got out? Could a person who had
+taken religious vows imposing seclusion from the world, be released by
+means of this writ? Show the necessity of power to suspend the writ in
+cases of rebellion or invasion.
+
+Could the thing forbidden in a _bill_ of attainder be done by a court?
+Give an example of an _ex post facto_ law.
+
+What is meant by "entering" and "clearing" a port?
+
+How could the president get hold of any United States money other than
+that received in payment of his salary?
+
+Could you receive a present from a foreign government? Name any American
+who has received a title or a present from a foreign government. Must a
+titled foreigner renounce his title on becoming an American citizen?
+
+What are "greenbacks?" Did you ever see a state "greenback?" When do you
+expect to see one?
+
+What is a contract? Could a legislature pass a law doing away with
+imprisonment for debt? What argument did Daniel Webster make in the famous
+Dartmouth College Case?
+
+Name the various state inspectors in this state. How are they paid? May a
+state impose taxes to defray its own expenses? What prohibitions apply to
+both the general and the state governments. Arrange all the prohibitions
+in tabular form, classifying as indicated by Judge Story in the paragraph
+quoted.
+
+
+
+
+CHAPTER XXIII.
+
+ARTICLE II.--THE EXECUTIVE BRANCH.
+
+
+It seems to us a matter of course that after the laws are made there
+should be some person or persons whose duty it should be to carry them
+into execution. But it will be remembered that under the confederation
+there was no executive department. The colonists had suffered from kingly
+rule, and in forming their first government after independence, they
+naturally avoided anything having the appearance of kingliness. After
+trying their experiment for some years, however, their "sober second
+sense" told them that the executive branch is a necessity, and when the
+convention assembled to "revise the articles of confederation" (as they at
+first intended to do) one of the things upon which there was practical
+unanimity of opinion was the necessity of having the government organized
+into three branches, or, as they are sometimes called, departments.
+
+The question in regard to the executive branch was how to organize it, so
+as to secure two chief qualities; namely, energy of execution and safety
+to the people. The former was fully appreciated, for the weakness of
+execution during the confederation period, or the lack of execution, had
+impressed upon all thinking persons the necessity of more vigor in
+carrying out the laws. The experience during colonial days emphasized the
+necessity of surrounding the office with proper safeguards. And among
+those intrusted with the organization of a scheme of government, were many
+who were well versed in history--men who knew that the executive branch is
+the one in which lies the menace to human liberty. Under these two main
+divisions of the problem, arose such questions as: How many persons shall
+constitute the executive? What shall the term be? How shall the executive
+be chosen? What powers, other than those which are purely executive, shall
+be vested in this branch? How shall this branch be held responsible,
+without crippling its efficiency?
+
+How well the problem was solved, we shall find out in our study of the
+provisions of the constitution pertaining to this branch.
+
+
+SECTION I.--ELECTION AND SERVICE.
+
+_Clause 1.--Vestment of Power._
+
+_The executive power shall be vested in a president of the United States
+of America.[1] He shall hold his office during the term of four years,[2]
+and together with the vice-president,[3] chosen for the same term, shall
+be elected as follows:_
+
+[1] This sentence answers the question, "How many persons shall constitute
+the executive?" and gives the official title thereof.
+
+The executive authority is vested in one person for two chief reasons: To
+secure energy in execution, and to impose upon the executive a sense of
+responsibility. If the executive power were vested in a number of persons,
+the differences and jealousies sure to arise, and the absence of
+responsibility, would result in a feeble administration, which is but
+another name for a bad administration.
+
+[2] The term first reported by the committee of the whole was seven years,
+with the provision forbidding re-election. Some of the delegates were in
+favor of annual elections, while others thought that the executive should
+be elected for life or good behavior. And other terms, varying from two to
+ten years, had their advocates. After much discussion, the term of four
+years was agreed upon as a compromise, and no limitation was put upon the
+number of terms for which a person might be elected.
+
+In another place it is made the duty of the president to recommended to
+congress such measures as he deems necessary for the good of the country.
+He should, therefore, have a term long enough to fairly test his "policy"
+and to stimulate him to personal firmness in the execution of his duties,
+yet not so long as to free him from a sense of responsibility. It was
+thought that a term of four years would cover both of the conditions
+mentioned.
+
+[3] The purpose of having a vice-president is to provide a successor for
+the president in case of his disability or death.
+
+
+CHOOSING THE PRESIDENT AND VICE-PRESIDENT.
+
+_Clause 2.--Number and Appointment of Electors._
+
+_Each state shall appoint, in such manner as the legislature thereof may
+direct, a number of electors equal to the whole number of senators and
+representatives to which the state may be entitled in the congress; but no
+senator or representative, or person holding an office of trust or profit
+under the United States, shall be appointed an elector._
+
+Three plans for the election of president and vice-president were proposed:
+First, election by congress; second, election by the people; third,
+election by persons chosen by the people for that special purpose.
+
+The objection to the first plan was, that it would rob the executive
+branch of that independence which in our plan of government it is designed
+to possess--it would render the executive branch in a measure subordinate
+to the legislative.
+
+The objections to the second plan came from two sources. Some of the
+delegates feared that, inexperienced as they were, the people could not be
+trusted to act wisely in the choice of a president--that they would be
+swayed by partizan feeling, instead of acting with cool deliberation. And
+the small states feared that in a popular election their power would count
+for little.
+
+Then the compromise in the organization of the congress was remembered,
+and it was resolved that the election of the president and vice-president
+should be placed in the hands of persons chosen for that special purpose,
+and that the number of the electors from each state should be that of its
+representation in congress. This satisfied both parties. Those who thought
+that the people could not be intrusted with so important a matter as the
+choice of the president, hoped that this mode would place the election in
+the hands of the wise men of the several states. And the delegates from
+the small states secured in this all the concession which they could
+fairly ask.
+
+This matter being settled, the next question was: How shall the electors
+be chosen? There being much difference of opinion on the subject, it was
+thought best to let each state choose its electors in the way which it
+might prefer.
+
+Naturally the modes of choosing electors varied. In some states the
+legislature chose them, but this mode soon became unpopular. [Footnote:
+South Carolina, however, retained this mode until very recently.] In some
+states they were chosen by the people on a general ticket, and in others,
+by the people by congressional districts. The last is the fairest way,
+because it most nearly represents the wishes of the people. By electing on
+a general ticket, the party which is in the majority in any state can
+elect _all_ of the electors. But, for this very reason, the majority in
+each state has finally arranged the matter so that this is now the
+practice in nearly all the states.
+
+The present system of nominations and pledged electors was undreamed of by
+the framers of the constitution. They intended that in the selection of
+the president each elector should be free to vote according to his own
+best judgment. But it has come to pass that the electors simply register a
+verdict already rendered. Briefly the history of the change is this:
+During the administration of Washington (who had been elected unanimously)
+differences of opinion on questions of policy gave rise to political
+parties. To secure the unity of action so essential to success, the
+leaders of the respective parties, by agreement among themselves,
+designated, as each election approached, persons whom they recommended for
+support by electors of their party. Gradually the recommendation came to
+be looked upon as binding. In 1828 the Anti-Masonic party, having no
+members of congress to act as leaders, held a "people's convention." Its
+nominees received a surprisingly large vote. The popularity of this mode
+of nomination thus appearing, the other parties gradually adopted it, and
+since 1840 it has remained a recognized part of our political machinery.
+
+_Clause 3.--Election of President and Vice-President._
+
+_The electors shall meet in their respective states, and vote by ballot
+for two persons, of whom one at least shall not be an inhabitant of the
+same state with themselves. And they shall make a list of all the persons
+voted for, and the number of votes for each; which list they shall sign
+and certify, and transmit, sealed, to the seat of the government of the
+United States, directed to the president of the senate. The president of
+the senate shall, in the presence of the senate and house of
+representatives, open all the certificates, and the votes shall then be
+counted. The person having the greatest number of votes shall be
+president, if such number be a majority of the whole number of electors
+appointed; and if there be more than one who have such a majority, and
+have an equal number of votes, then the house of representatives shall
+immediately choose by ballot one of them president, and if no person have
+a majority, then from the five highest on the list the said house shall in
+like manner choose the president. But in choosing the president, the vote
+shall be taken by states, the representation from each state having one
+vote; a quorum for this purpose shall consist of a member or members from
+two-thirds of the states, and a majority of all the states shall be
+necessary to a choice. In every case, after the choice of the president,
+the person having the greatest number of votes of the electors, shall be
+vice-president. But if there should remain two or more who have equal
+votes, the senate shall choose from them by ballot the vice-president._
+
+Under this provision Washington was elected president twice and Adams
+once. In the disputed election of 1800, it was found that this mode would
+not do. The faulty feature in the plan is found in the first sentence,
+which requires the electors to vote for two persons for president. In this
+election, Jefferson and Burr, candidates of the same party, received the
+same number of votes and each had a majority. The power to choose then
+devolved upon the house of representatives. There were at that time
+sixteen states, and consequently sixteen votes. Of these Jefferson
+received eight, Burr six, and the remaining two were "scattering." As it
+required nine votes to make a majority, no one was elected. The balloting
+was continued for seven days, thirty-six ballots being taken. On the
+thirty-sixth ballot Jefferson received ten votes to four for Burr.
+Jefferson thus became president and Burr vice-president. But the
+consequent bitterness of feeling was much regretted, and it was determined
+to change, slightly, the mode of election. The changes consisted in having
+the electors vote for one person for president and for a different person
+for vice-president; and when the election is thrown into the house of
+representatives, the selection is to be made from the _three_ highest
+instead of the _five_ highest as originally. The change was made by the
+twelfth amendment, passed in 1804, which is here given in full.
+
+_The Twelfth Amendment._
+
+_The electors shall meet in their respective states and vote by ballot for
+president and vice-president, one of whom, at least, shall not be an
+inhabitant of the same state with themselves; they shall name in their
+ballots the person voted for as president, and in distinct ballots the
+person voted for as vice-president, and they shall make distinct lists of
+all persons voted for as president, and of all persons voted for as
+vice-president, and of the number of votes for each; which lists they
+shall sign and certify, and transmit sealed to the seat of government of
+the United States, directed to the president of the senate. The president
+of the senate shall, in the presence of the senate and house of
+representatives, open all the certificates, and the votes shall then be
+counted; the person having the greatest number of votes for president
+shall be president, if such number be a majority of the whole number of
+electors appointed; and if no person have such majority, then from the
+persons having the highest numbers not exceeding three on the list of
+those voted for as president, the house of representatives shall choose
+immediately by ballot, the president. But in choosing the president, the
+votes shall be taken by states, the representation from each state having
+one vote; a quorum for this purpose shall consist of a member or members
+from two-thirds of the states, and a majority of all the states shall be
+necessary to a choice. And if the house of representatives shall not
+choose a president whenever the right of choice shall devolve upon them,
+before the fourth day of March, next following, then the vice-president
+shall act as president, as in the case of the death or other
+constitutional disability of the president._
+
+_The person having the greatest number of votes as vice-president, shall
+be the vice-president, if such number be a majority of the whole number of
+electors appointed, and if no person have a majority, then from the two
+highest numbers on the list the senate shall choose the vice-president; a
+quorum for the purpose shall consist of two-thirds of the whole number of
+senators, and a majority of the whole number shall be necessary to a
+choice. But no person constitutionally ineligible to office of president
+shall be eligible to that of vice-president of the United States._
+
+Thus we see that the president may be elected in one of two ways--by
+electors or by the house of representatives; and that the vice-president
+may also be elected in one of two ways--by electors or by the senate.
+
+The mode of choosing the president is regarded by many as difficult to
+remember. Perhaps making an outline like the following will aid the memory:
+
+
+_First Mode or Process._
+
+I. The electors, after they are chosen:
+   1. MEET in their respective states.
+   2. VOTE by ballot, for president and vice-president.
+   3. MAKE LISTS of the persons voted for and the number
+          of votes for each.
+   4. SIGN, CERTIFY and SEAL those lists.
+   5. TRANSMIT them to the seat of government, addressed
+          to the president of the senate.
+
+II. The president of the senate:
+   1. OPENS the certificates, in presence of both houses.
+   2. DECLARES THE RESULT, after the votes have been
+          counted.
+
+
+_Second Mode or Process._
+
+Points--            President--                Vice-President--
+Chosen by.......... House of Representatives   The Senate.
+From............... Three highest.             Two highest.
+Voting............. By ballot.                 By ballot.
+State power........ Each one vote.             Each two votes.
+Quorum............. Representatives from       Two-thirds of senators.
+                      two-thirds of the states.
+Necessary to choice Majority of states.         Majority of senators
+
+The place of meeting is usually the capital of the state.
+
+Three "lists" of the vote for president and three for vice-president are
+prepared, and "signed, certified and sealed." One pair of these lists is
+sent by mail and another by special messenger. The third is deposited with
+the judge of the United States District Court in whose district the
+electors meet, to be called for if necessary. The purpose of these
+precautions is to make sure that the vote of the state may not be lost,
+but shall without fail reach the president of the senate.
+
+_Clause 4.--Times of These Elections._
+
+_The congress may determine the time of choosing the electors,[1] and the
+day on which they shall give their votes;[2] which day shall be the same
+throughout the United States.[3]_
+
+[1] The day designated by congress is the first Tuesday after the first
+Monday in November. The election always comes in "leap year."
+
+[2] The electors meet and vote on the second Monday in January.
+
+[3] This provision was designed, first, to prevent fraud in voting; and
+second to leave each state free to act as it thought best in the matter of
+persons for the offices, unbiased by the probability of success or failure
+which would be shown if the elections occurred on different days in
+different states.
+
+It may be desirable to know in this connection that:
+
+The president of the senate sends for missing votes, if there be any, on
+the fourth Monday in January.
+
+The counting of votes is begun on the second Wednesday in February and
+continued until the count is finished. (See page 334.)
+
+In case the electors have not given any one a majority for the presidency,
+the house proceeds at once to elect. In a similar case the senate proceeds
+at once to choose a vice-president.
+
+The provisions of the continental congress for the first election were:
+
+1. Electors to be chosen, first Wednesday in January, 1789.
+
+2. Electors to vote, first Wednesday in February.
+
+3. The presidential term to commence first Wednesday in March. The first
+Wednesday in March in 1789 was the fourth day of the month, and on that
+day the presidential terms have continued to begin.
+
+_Clause 5.--Qualifications of President and Vice-President.
+
+No person except a natural born citizen,[1] or a citizen of the United
+States at the time of the adoption of this constitution,[2] shall be
+eligible to the office of president; neither shall any person be eligible
+to that office, who shall not have attained to the age of thirty-five
+years,[3] and been fourteen years a resident within the United States.[4]_
+
+[1] The importance of the office is such as, in the opinion of the framers
+of the constitution, to necessitate this requirement. And it does not seem
+unjust to make this limitation.
+
+[2] This exception was made from a sense of gratitude to many
+distinguished persons, who, though not native citizens, had placed their
+lives and fortunes at the service of this country during the revolution,
+and who had already become citizens of the young republic. This provision
+is now, of course, obsolete.
+
+[3] Age should bring wisdom. The age specified is great enough to permit
+the passions of youth to become moderated and the judgment matured. As a
+matter of fact, the youngest president yet elected was much older than
+this minimum. In monarchies the rulers are sometimes children. It cannot
+be so with us.
+
+[4] But a "natural born citizen," even, may live so long in a foreign
+country as to lose his interest in his native land. This provision is
+intended to preclude the election of such persons to the presidency. They
+might seek it at the instance of a foreign government, for sinister
+purposes.
+
+Will residence during _any_ fourteen years satisfy the requirement?
+Commentators generally have expressed an affirmative opinion, based upon
+the fact that James Buchanan and others were elected president on their
+return from diplomatic service abroad. It must be remembered, however,
+that a person sent abroad to represent this government _does not lose his
+residence in this country_. Therefore the fact of Mr. Buchanan being
+elected after acting as our minister to England, has no bearing upon the
+question. On the other hand, the evident purpose of the provision could
+hardly be satisfied if a boy, a native of this country, should live here
+until fourteen years of age and then spend the rest of his years in a
+foreign country. And when the matter is carefully considered, it will be
+seen that the only fourteen years which will secure that state of mind in
+the candidate which is sought by the provision, are the fourteen years
+_immediately preceding election_. Again, twenty-one and fourteen equal
+thirty-five. A person "comes of age" at twenty-one. The fourteen years of
+_manhood_ added would just make thirty-five years, the minimum age
+required. This coincidence could hardly have been accidental, and
+justifies the view expressed.
+
+According to the twelfth amendment, the qualifications of the
+vice-president are the same as those of the president.
+
+_Clause 6.--Vacancies._
+
+_In case of the removal of the president from office, or of his death,
+resignation or inability to discharge the powers and duties of the said
+office, the same shall devolve on the vice-president, and the congress may
+by law provide for the case of removal, death, resignation or inability,
+both of the president and vice-president, declaring what officer shall
+then act as president, and such officer shall act accordingly, until the
+disability be removed, or a president shall be elected._
+
+If no regular succession were established, there would be danger of
+anarchy.
+
+By an act passed March 1, 1792, congress provided that in case of the
+disability of both president and vice-president, the duties of the office
+of president should devolve upon the president _pro tempore_ of the senate;
+and in case of a vacancy in that office, that they should then devolve
+upon the speaker of the house of representatives.
+
+But when president Garfield died there was no president _pro tempore_ of
+the senate and no speaker of the house; so that when vice-president Arthur
+became president, there was no one to succeed him in case of his
+disability. It was then expected that congress would devise another plan
+of succession; but it did not. When vice-president Hendricks died, there
+was again no president _pro tempore_ of the senate or speaker of the
+house. This recurrence of the danger within four years prompted congress
+to provide an order of succession less liable to accident than the one so
+long in use. The succession was placed in the cabinet in the following
+order: Secretary of state, secretary of the treasury, secretary of war,
+attorney-general, postmaster-general, secretary of the navy, and secretary
+of the interior.
+
+When the vice-president or secretary becomes president, he serves for the
+remainder of the term.
+
+One very important item in this connection the constitution leaves
+unprovided for, namely, who shall determine when "disability," other than
+death, occurs or ceases? Certainly the decision should not be left to
+those interested in the succession. No official answer to this question
+has yet been given.
+
+_Clause 7.--President's Salary._
+
+_The president shall, at stated times, receive for his services a
+compensation[1] which shall be neither increased nor diminished during the
+period for which he shall have been elected,[2] and he shall not receive
+within that period any other emolument from the United States or any of
+them.[3]_
+
+[1] Otherwise a person of moderate means would be debarred from accepting
+the position, and the country might thereby be deprived of the services of
+some man of lofty character.
+
+[2] Thus congress can neither bribe nor drive the president into doing
+anything which he may regard as unwise or wrong. And on the other hand,
+the president has no temptation to try to "undermine the virtue" of
+congress for his own pecuniary benefit.
+
+[3] This provision has the same purpose in view as the last. "He is thus
+secured, in a great measure, against all sinister foreign influences. And
+he must be lost to all just sense of high duties of his station, if he
+does not conduct himself with an exclusive devotion to the good of the
+whole people, unmindful at once of the blandishments of courtiers, who
+seek to deceive him, and of partizans, who aim to govern him, and thus
+accomplish their own selfish purposes." [Footnote: Story]
+
+Till 1873 the salary of the president was $25,000 a year. It was then
+raised to $50,000 a year. He also has the use of the White House, which is
+furnished at national expense; and special appropriations are frequently
+made to cover special expenses. And yet few presidents have been able to
+save anything out of their salaries.
+
+The vice-president receives $8000 a year.
+
+_Clause 8.--Oath of Office._
+
+_Before he enter upon the execution of his office, he shall take the
+following oath or affirmation: "I do solemnly swear (or affirm) that I
+will faithfully execute the office of president of the United States, and
+will to the best of my ability, preserve, protect and defend the
+constitution of the United States."_
+
+This oath is usually administered by the chief justice of the Supreme
+Court. It is very simple, pledging the president to two things only; but
+they are the essential things.
+
+"Taking the oath" is a part of the inauguration ceremonies which occur,
+usually, on the fourth of March.
+
+
+_Pertinent Questions._
+
+Was there any president under the confederation? Why? When does the
+president's term begin? Suppose that day comes on Sunday? How does a
+presidential term compare with that of senator? Of representative? The
+first proposition in the constitutional convention was to make the
+presidential term seven years, and limit a person to one term. Is the
+present plan better or not as good? For how many terms may a person be
+elected president? What presidents have been elected for a second term?
+
+How many presidential electors is this state entitled to? New York?
+Illinois? Wisconsin? Delaware? How many are there altogether? Show how the
+present mode is an advantage to the small states. Who were the electors of
+this state in the last presidential election? Get a "ticket" or ballot and
+study it. Tear off, beginning at the top, all that you can without
+affecting the vote. How could a person have voted for one of the
+republican candidates without voting for the other? Where did the electors
+of this state meet? When? Did you preserve the newspaper report of their
+proceedings?
+
+Could the president and vice-president be chosen from the same state? How
+many electoral votes were necessary to a choice last time? How many did
+each candidate receive? In case of election by the house of
+representatives, what is the smallest possible number that could elect? In
+case the house should fail to choose a president before the fourth of
+March, who would be president? Have we ever been threatened with a case of
+this kind? Which presidents have been elected by the house? Has a
+vice-president ever been chosen by the senate?
+
+Specify four differences between the old and the new way of electing
+president and vice-president. Which was the most important change? What
+statement in the twelfth amendment was unnecessary in the original
+provision? If "two-thirds of the senators" are present, are two-thirds of
+the states necessarily represented? What is the smallest number of
+senators that could elect a vice-president? How many times has the
+vice-president succeeded to the presidency? What caused the vacancies? Is
+the result of the election known before the meeting of the electors?
+
+Who is our present minister to England? Would a son of his born in England
+today be eligible in due time to the presidency? Make a comparative table,
+giving the qualifications, mode of election (general), and term of
+representatives, senators and president.
+
+Who is now vice-president of the United States? Have we ever had more than
+one vice-president at the same time? Name the persons, in their order, who
+would succeed to the presidency if the president should be unable to
+perform his duties. If the president should become insane, who would
+decide that such is the fact? How long would the person thus succeeding to
+the position of acting president serve? State four ways in which a vacancy
+in the office of president may occur. If the president leaves Washington,
+is a vacancy created? If he leaves the country? If he is impeached? In
+case of the non-election of either president or vice-president, who would
+serve? How long? How is a vacancy in the office of vice-president filled?
+
+At what "stated times" is the salary of the president paid? In November,
+1872, President Grant was re-elected. His new term began March, 1873. In
+the meantime the salary of the president was increased to $50,000. Did
+President Grant get the increase? Explain.
+
+Does the vice-president take an "oath of office?" If he succeeds to the
+presidency must he take the oath prescribed in the constitution? What
+constitutional provision for the salary of the vice president? Compare the
+duties of a governor of a state with those of the president.
+
+
+_Debate._
+
+Resolved, That the president should be elected by a direct vote of the
+people.
+
+Resolved, That the presidential term should be lengthened, and a second
+term forbidden.
+
+
+SECTION II.--POWERS OF THE PRESIDENT.
+
+_Clause 1.--Some Sole Powers._
+
+_The president shall be commander-in-chief of the army and navy of the
+United States, and of the militia of the several states, when called into
+the actual service of the United States;[1] he may require the opinion, in
+writing, of the principal officer in each of the executive departments,
+upon any subject relating to the duties of their respective offices,[2]
+and he shall have power to grant reprieves and pardons for offenses
+against the United States, except in cases of impeachment.[3]_
+
+[1] Elsewhere it is made the duty of the president to see "that the laws
+are faithfully executed." The execution of the law may sometimes require
+force, hence it seems proper that the command of the army should be vested
+in him. Again, an army may be necessary to defend the country. In order
+that it may act promptly and efficiently, it must be directed by one
+person; and the person whom we instinctively designate for the purpose is
+the president.
+
+The possession of this power by the president is fraught with danger,
+however. Unless surrounded by proper checks, it might be used to overturn
+our system of government. But the president can hardly, as now situated,
+misuse this power. In the first place, the general rules for the
+management and government of the army are made by congress. In the second
+place, the army is supported by appropriations made by congress, and these
+are made for short periods. In the third place, congress could reduce or
+even abolish the army, if that step seemed necessary in defense of our
+liberties. In brief, the support and control of the army are in the hands
+of congress; the president merely directs its movements.
+
+Thus far the president has never actually taken the field in command of
+the army; he has appointed military commanders, and has simply given them
+general directions, which they have carried out as best they could. At any
+time, however, if dissatisfied with the results, he may change the
+commander.
+
+[2] The president cannot personally see to the carrying out of all the
+laws, and yet he is the one responsible for their execution. To assist
+him, the work is divided up into parts, and each part is placed in the
+hands of an officer appointed by the president (with the consent of the
+senate) and responsible to him. These persons constitute what is known as
+the cabinet, and all but two have the title secretary.
+
+The one who keeps the originals of the public documents, the great seal,
+and the public records, is called the secretary of state. He is to the
+United States somewhat as the clerk is to the district or town, or the
+auditor to the county. But in addition, he is the one who has charge of
+our relations with foreign countries. He is the one to whom you would
+apply for a passport, if you were going to travel in foreign lands. He has
+an assistant and many subordinate officers. In this department are three
+bureaus, as they are called--the diplomatic, the consular, and the
+domestic. (For further information, see pages 321, 349, 350.)
+
+The officer who has general charge of the receiving and paying out of
+money is called the secretary of the treasury. He has two assistants and
+thousands of subordinates, some in Washington and others throughout the
+country. Under his direction money is coined, "greenbacks" and other
+tokens of indebtedness are issued and redeemed. He also has general charge
+of all government provisions for making navigation safe along the coast,
+such as lighthouses, etc.
+
+All that pertains to executive control of the army is in charge of the
+secretary of war. The chiefs of bureaus in this department are army
+officers. The secretary may or may not be. The military academy at West
+Point is also, as we might expect, in charge of this department. (See p.
+311.)
+
+The control of the navy is exercised by the secretary of the navy. The
+chiefs of bureaus here are navy officers. The secretary may or may not be.
+This department has charge of the construction of war ships and the
+equipment of them; and, as we would expect it has charge of the naval
+academy at Annapolis (p. 311).
+
+The department which has the greatest diversity of duties is that of the
+interior. This department has charge of patents and trade-marks, of
+pensions, of United States lands, of the Indians, of the census, and of
+education. Its chief officer is called the secretary of the interior. The
+chiefs of bureaus in this department, except that of the census, are
+called commissioners.
+
+The chief officer of the postoffice department is called the postmaster
+general. Here there are five bureaus, in charge respectively of
+appointments, contracts, finances, money orders, and foreign mail.
+
+The officer who has charge of prosecution or defense of suits for or
+against the United States is called the attorney general. He is to the
+United States what the county attorney is to the county. He has, of
+necessity, many assistants. All United States district attorneys and
+marshals act under direction of this department. He is also legal adviser
+of the government.
+
+By an act approved February 11, 1889, the department of agriculture was
+established with appropriate duties assigned to it.
+
+The practice of holding regular cabinet meetings was begun by Jefferson,
+and has continued as a matter of custom and expediency ever since. The
+meetings are attended only by the president, his private secretary, and
+the cabinet. They are held for the purpose of consultation. The president
+may act upon the advice of his cabinet or not as he chooses.
+
+The reports or opinions referred to in the provision of the constitution
+now under consideration, are called for at least once a year and are
+transmitted to congress with the president's message. But they may be
+called for at any time.
+
+Cabinet officers are not directly authorized by the constitution, but
+provisions of this section seem to take it for granted that the president
+would have such assistants.
+
+[3] This power extends to military offenses as well as to the criminal
+offenses of civilians.
+
+The Supreme Court has decided that the president has power also to commute
+sentences; and that he may act in the matter at any time after the offense
+is committed, even before the trial. He may also stop proceedings in any
+criminal case prosecuted in the name of the United States.
+
+The exception in case of impeachment was first made in England, to prevent
+the king from shielding his ministers. It is in our constitution as a
+similar check upon the president.
+
+_Clause 2.--Powers shared by the Senate._
+
+_He shall have power, by and with the advice and consent of the senate, to
+make treaties, provided that two-thirds of the senators present concur;[1]
+and he shall nominate and by and with the advice and consent of the
+senate, shall appoint ambassadors, other public ministers and consuls,
+judges of the Supreme Court, and all other officers of the United States,
+whose appointments are not otherwise herein provided for, and which shall
+be established by law;[2] but congress may by law vest the appointment for
+such inferior officers as they may think proper, in the president alone,
+in the courts of law, or in the heads of departments.[3]_
+
+[1] The "advice" of the senate is rarely, if ever, asked; but its
+"consent" must be had in order to make the treaties lawful.
+
+For the mode of making treaties, see pp. 320, 350, 360.
+
+The power to make treaties was confided to the president originally
+because it had been the custom for the executive to possess the
+treaty-making power. But it is defensible on other grounds. Some treaties
+need to be considered secretly. This could hardly be done if congress were
+the treaty-making power. But the president and the cabinet can consider
+the matter in secret. Then promptness is sometimes needed, as in case of a
+treaty to close a war. Promptness may prevent useless loss of life. If
+congress had to be summoned, valuable time would be taken. As two-thirds
+of the senators present must agree to the provisions of the treaty, the
+president cannot misuse the power granted in this provision.
+
+When the treaty necessitates the raising of money, the house of
+representatives is generally consulted, also. In fact, if the house
+opposed such a treaty it is questionable whether it could be carried out.
+In each of the three great purchases of territory the president consulted
+congress before making the purchase.
+
+[2] The nominations are made in writing, and the senate may either confirm
+or reject the nominees. The person or persons confirmed are then appointed
+by the president. When a nominee is rejected, the president generally
+sends in a new nomination.
+
+This mode of appointment is thus defended by Alexander Hamilton, in the
+_Federalist:_ "The blame of a bad nomination would fall upon the president
+singly and absolutely. The censure of rejecting a good one would lie
+entirely at the door of the senate; aggravated by the consideration of
+their having counteracted the good intentions of the executive. If an ill
+appointment should be made, the executive for nominating, and the senate
+for approving would participate, though in different degrees, in the
+opprobrium and disgrace."
+
+It will be noted in this connection that, while in the state most of the
+officers are elected, in the general government all officers except the
+president and vice-president are appointed.
+
+In Washington's administration the question was raised, can the president
+remove officers without the consent of congress? And it was decided that
+the president can remove all officers whom he can appoint. Judges, who
+hold for life, are of course excepted. During Johnson's administration,
+the power of the president in this direction was declared to be exactly
+equal to his power of appointment,--that is, if the consent of the senate
+be necessary to an appointment, it would also be necessary for removal.
+But afterwards the law was amended, so that now the president may suspend
+an officer until the end of the next session of the senate, and make a
+temporary appointment. If the senate does not at its next session confirm
+the nomination to fill the vacancy, the old officer is re-instated. But if
+the president is determined to carry his point, he may immediately suspend
+the old officer again, and re-appoint the rejected candidate, and continue
+so to do.
+
+During the early administrations comparatively few removals were made,
+except where it seemed necessary for the improvement of the public
+service. But Andrew Jackson introduced into our politics the proposition,
+"To the victors belong the spoils;" which means that the party electing
+the president should have all the offices. This view of the case presents
+to every public officer the temptation to secure himself in place, not by
+meritorious service in the line of his duty, but by activity in the
+service of his party; the tendency is, to displace love of country and
+devotion to duty, and to substitute therefor subserviency to strong party
+leaders. So crying has the evil become, that many of the wisest and most
+patriotic men in the country are seeking to so far reform the public
+service that an officer may feel reasonably secure in his position so long
+as he performs his duties faithfully, and that vacancies shall be filled
+by the promotion of worthy subordinates.
+
+[3] This is to secure two objects: first, to relieve the president of the
+burden of appointing thousands of such officers; and second, to place the
+appointment in the hands of the officers responsible for the work of these
+subordinates.
+
+The principal officers thus appointed are:
+
+1. Postmasters having salaries less than $1000 a year, appointed by the
+postmaster general.
+
+2. Clerks, messengers, janitors, etc., in the several departments,
+appointed by the respective secretaries. The chiefs of bureaus and some of
+the more important officers in each department are appointed by the
+president with the consent of the senate.
+
+3. The subordinates in each custom house, appointed by the collector
+thereof.
+
+4. Clerks of United States courts, appointed by the judges. The United
+States district attorneys and marshals are appointed by the president,
+with the consent of the senate.
+
+The term of appointees is four years, unless sooner removed. They may be
+and are removed, however, as before said, not only for unfitness, but also
+for political reasons.
+
+_Clause 3.--Temporary Appointments._
+
+_The president shall have power to fill up all vacancies that may happen
+during the recess of the senate, by granting commissions which shall
+expire at the end of their next session._
+
+This provision is necessary because the senate is not always in session,
+and it would not pay to convene it for the purpose of acting upon
+nominations every time a vacancy occurs. The president may wait, however,
+if the case will permit, until the next session of congress before making
+an appointment.
+
+
+SECTION III.--DUTIES OF THE PRESIDENT.
+
+_He shall from time to time give to congress information of the state of
+the Union, and recommend to their consideration such measures as he shall
+judge necessary and expedient;[1] he may on extraordinary occasions,
+convene both houses or either of them,[2] and in case of disagreement
+between them, with respect to the time of adjournment, he may adjourn them
+to such time as he shall think proper;[3] he shall receive ambassadors and
+other public ministers;[4] he shall take care that the laws be faithfully
+executed,[5] and shall commission all officers of the United States.[6]
+
+[1] The president complies with this provision by sending to congress at
+the beginning of each regular session his annual message. And at other
+times, as occasion demands, he sends special messages.
+
+[2] Congress has been convened in extra session by presidential
+proclamation only twelve times in all. The senate is frequently convened
+in extra session at the close of the regular session to consider
+appointments. This usually happens on the accession of a new president.
+
+[3] No occasion has ever arisen for the exercise of this power.
+
+[4] In all governments, diplomatic intercourse with other governments is
+carried on through the executive department. (See pages 347 and 349.)
+
+By "receiving" an ambassador, the country from which he comes is
+"recognized" as an independent sovereignty, a nation. Ambassadors may be
+rejected or dismissed, if personally objectionable to this country, if the
+countries from which they come are not recognized as belonging to the
+sisterhood of nations, or if the relations between their country and this
+become unfriendly. Nations at war with each other do not exchange
+ambassadors; each recalls its representative at the time of declaring war.
+Our ambassadors or other public ministers may be rejected by other nations
+for the reasons given above.
+
+It will readily be seen that this power or duty may impose upon the
+president at times, grave responsibility. The nature of this
+responsibility may be understood when we remember the efforts made by the
+confederate states to secure recognition of their agents at the courts of
+London and Paris, during the civil war. For either country to have
+recognized them would have been to interrupt our friendly relations with
+that country, and might have led to war between it and us. (See page 347.)
+
+[5] This is the president's most important duty; and it is his duty to
+enforce the law whether he believes in its wisdom or not. He acts through
+the executive officers previously referred to.
+
+[6] The commission bears the signature of the president and the great seal
+of the United States, the latter affixed by the secretary of state.
+
+
+SECTION IV.--RESPONSIBILITY OF OFFICERS.
+
+_The president, vice-president, and all civil officers of the United
+States, shall be removed from office on impeachment for, and conviction
+of, treason, bribery, or other high crimes and misdemeanors._
+
+The word "civil" in the provision is used here in distinction from
+_military_ and _naval_. It is generally understood that members of
+congress are not "civil officers" within the meaning of this provision.
+Military and naval officers are tried by courts-martial, and members of
+congress are subject to trial by the house to which they belong.
+
+The definition of "high crimes and misdemeanors" rests with the senate.
+Treason is defined in the constitution, and bribery has a meaning
+understood by all.
+
+There have been seven cases of impeachment before the United States
+Senate. (See pages 131, 138 and 333.)
+
+
+_Pertinent Questions._
+
+When, near the close of the late war, General Grant commanded all the
+armies of the Union, had he any superior officer? (That is, was there any
+officer higher in rank than he?) Who is commander-in-chief of the United
+States army today? Who is the highest purely military officer, and what is
+his rank?
+
+Name the members of the present cabinet. If you wanted to trade with the
+Indians, to whom would you make application for permission?
+
+Can the president pardon before trial? What cases can he not pardon? Name
+some one pardoned by the president. Could he pardon prisoners confined for
+breach of state law? Where does the general government confine its
+prisoners?
+
+What is the smallest number of senators that could confirm or reject a
+treaty? What is meant by the executive session of the senate? How could
+you witness the proceedings at such a session? How large a vote is
+necessary to confirm a nomination of the president?
+
+What is an ambassador? A minister? A consul? What is meant by "inferior"
+officers? By "civil service reform?"
+
+State the principle which seems to cover the matter of removals.
+
+Have you read the president's last annual message? What "information" did
+he give to congress? What "recommendations" did he make? How was the
+message delivered to congress? What "extra sessions" of congress do you
+remember? What ones have you read about in books? When were the different
+extra sessions called?
+
+Give the number of bills vetoed by each president.
+
+Has the president ever had to adjourn congress? For how long could he do
+it? How is the British parliament prorogued?
+
+Where do impeachments originate? By whom are they tried? Who may be
+impeached? What for? Can persons who have ceased to be officers be
+impeached? What is the extent of sentence? Was President Johnson
+impeached? How is an impeachment trial conducted? What persons have been
+impeached?
+
+Prepare a tabulation telling:
+
+  1. Mode of election of president (general statement only)
+  2. Qualifications.
+  3. Term.
+  4. Vacancy.
+  5. Salary--constitutional provision; law.
+  6. Powers.
+  7. Duties.
+
+
+
+
+CHAPTER XXIV.
+
+ARTICLE III.--THE JUDICIAL BRANCH.
+
+
+In the two articles so far considered, we have studied about the
+law-_making_ and the law-_enforcing_ branches of the government. We shall
+next examine the third great branch, the one which _interprets_ and
+_applies_ the laws.
+
+
+SECTION I.--ORGANIZATION.
+
+_The judicial power of the United States shall be vested in one Supreme
+Court,[1] and in such inferior courts as the congress may from time to
+time ordain and establish.[2] The judges both of the Supreme and inferior
+courts, shall hold their offices during good behavior,[3] and shall at
+stated times receive for their services a compensation[4] which shall not
+be diminished during their continuance in office.[5]_
+
+[1] The creation of the Supreme Court, a distinct coordinate branch for
+the final interpretation of law, was the master-stroke of the
+constitution. "The Supreme Court has no prototype in history."
+
+While the _existence_ of the Supreme Court is thus provided for in the
+constitution, the _number of judges_ to constitute it was wisely left with
+congress. Thus the organization may be changed as circumstances change.
+The Supreme Court at first consisted of six justices, as they are called;
+but owing to the growth of the country and the consequent increase of
+labor to be performed, the number of justices has been increased to nine.
+
+[2] Under this provision congress has established three grades of
+"inferior" United States courts, the Circuit Courts of Appeal, Circuit
+Courts, and the District Courts. The United States is divided into nine
+judicial _circuits_, to each of which are assigned one justice of the
+Supreme Court and two circuit judges. (See page 307.) These constitute
+what is called the Circuit Court of Appeals, having appellate jurisdiction
+in their respective circuits and holding annual sessions for that purpose.
+(See page 210.)
+
+The United States is further subdivided into more than sixty judicial
+_districts_. In each of these districts, at least one session of the
+circuit court and one of the district court is held each year. (See pages
+210 and 307-9.) A full circuit court bench consists of a supreme court
+justice, a circuit judge, and a district judge; but court may be held by
+any one or two of them. The district court consists of the district judge.
+
+[3] This virtually means during life. The purpose of this provision is to
+raise the judges above temptation, to put them in a position where they
+may feel safe in doing their exact duty, unawed by any outside power. If
+with this opportunity they prove unjust, they may be impeached. But so
+far, almost without exception, those who have been honored with a place on
+a United States court have proved worthy of their high calling.
+
+[4] The purpose of this also is to remove temptation from the judges. The
+salary of the chief justice is $10,500 a year, and that of each associate
+justice, $10,000. This seems like a generous amount. But several times a
+place on the supreme bench has been declined, on the plea that the nominee
+could not afford to serve for the salary attached.
+
+[5] This is to prevent the other two branches from occupying a threatening
+attitude toward the judiciary. But the salary may be increased. And the
+salary may be reduced, to take effect with appointments made after the
+passage of the law.
+
+
+SECTION II.--JURISDICTION OF THE COURTS.
+
+_Clause 1.--Extent._
+
+The judicial power shall extend to all cases,[1] in law and equity,[2]
+arising under this constitution, the laws of the United States, and
+treaties made or which shall be made, under their authority;[3] to all
+cases affecting ambassadors, other public ministers, and consuls;[4] to
+all cases of admiralty jurisdiction;[5] to controversies to which the
+United States shall be a party;[6] to controversies between two or more
+states;[7] between a state and citizens of another state;[8] between
+citizens of different states;[9] between citizens of the same state
+claiming lands under grants of different states;[10] and between a state
+or the citizens thereof, and foreign states, citizens or subjects.[11]_
+
+[1] The courts decide what the law is, whether a specified law is
+constitutional or not, and what the meaning of constitutional provisions
+is, but only as these questions arise in _cases_ brought before them for
+trial. They do not advise congress or the president as to the
+constitutionality or unconstitutionally of a law. They do not directly
+make law. But in determining the meaning of certain laws and of
+constitutional provisions they may determine what the law is, and thus
+they may be said to make law indirectly. But sometimes a legal question or
+a question as to the meaning of a constitutional provision remains for a
+long time unanswered, because no _case_ involving the question comes
+before the courts.
+
+[2] Sometimes the law provides no adequate remedy for a wrong. Here is the
+necessity for a court of equity. For instance, A sells his business to B,
+agreeing not to become a rival, but immediately reopens in the next block.
+B's only remedy in law is to secure damages. If this remedy is shown to be
+inadequate, a court of equity will close A's store. Or if C, having
+contracted to do a certain act for D, fails or declines to perform his
+part, the law can only award D damages; equity will compel the fulfillment
+of the contract. Law is curative, equity is preventive. (See Dole, 502.)
+
+In some states there are separate courts of law and of equity. But the
+provision under discussion gives the United States courts jurisdiction in
+cases both of law and of equity. "There are no juries in equity cases, and
+no criminal trials."
+
+[3] These pertain to the whole United States, so cases arising under them
+should be tried by a national, not by a state, court.
+
+[4] Thus showing respect for the governments represented by them.
+
+[5] That is, to cases arising on the high seas or on navigable waters.
+These matters, according also to I. 8: 10, 11, are under the jurisdiction
+of the United States, and therefore this provision is simply a consequence
+of the two referred to.
+
+[6] Because then the interests of the whole country are at stake, and
+should not be left to any state.
+
+[7] Because the United States was organized to "insure domestic
+tranquility."
+
+[8] This provision has been modified by the eleventh amendment, which
+reads as follows: "The judicial power of the United States shall not be
+construed to extend to any suit in law or equity, commenced or prosecuted
+against one of the United States by citizens of another state, or by
+citizens or subjects of any foreign state." That is, if the state is the
+_plaintiff_, the suit may be tried by the United States Supreme Court
+(compare clause 2). Claims of individuals against a state, if denied by
+the auditor, may be referred by them to the legislature. A state cannot be
+sued by an individual or corporation.
+
+When a citizen is sued he must be sued either in the courts of the United
+States or in those of his own state. It would be a source of irritation to
+compel a state to sue a citizen of another state in the courts of his own
+state, hence this provision that such suits shall be in the United States
+court.
+
+[9] To remove temptation to injustice through local prejudice. But the
+suit is tried in, and in accordance with the laws of, the state of which
+the defendant is a citizen.
+
+[10] Because the states are involved in the suit, and it would be unfair
+to let either decide the controversy.
+
+This provision is not of much importance now, because state boundaries are
+clearly defined. But when the constitution was framed, this kind of
+question meant a good deal. The charters given during colonial times were
+very loosely drawn, and claims of different colonies and proprietors
+overlapped each other. The question of ownership had not been settled at
+the time of the revolution. During the formative or confederation period,
+these disputes had been a source of much ill-feeling.
+
+[11] Because the general government, and not the individual states, has
+charge of our foreign relations. A foreign country holds the United States
+responsible for the acts of its citizens; and only the United States can
+be looked to, to secure justice to its citizens on the part of foreign
+countries or citizens.
+
+_Clause 2.--Jurisdiction of the Supreme Court._
+
+_In all cases affecting ambassadors, other public ministers and consuls,
+and those in which a state shall be a party, the Supreme Court shall have
+original jurisdiction.[1] In all the other cases before mentioned, the
+Supreme Court shall have appellate jurisdiction,[2] both as to law and
+fact, with such exceptions and under such regulations as the congress
+shall make.[3]_
+
+[1] That is, such a suit must _commence_ in the Supreme Court, and so
+cannot be tried elsewhere.
+
+[2] That is, the action must commence in some lower court, but it may be
+appealed to the Supreme Court.
+
+The U.S. District Court has jurisdiction over crimes committed on the high
+seas, and over admiralty cases in general; over crimes cognizable by the
+authority of the United States (not capital) committed within the
+district, and over cases in bankruptcy.
+
+The U.S. Circuit Court has original jurisdiction in civil suits involving
+$2000 or more, over equity cases, and over cases arising under patent and
+copyright laws.
+
+[3] To relieve the Supreme Court, which was years behind with its work,
+congress recently provided for a U.S. Circuit Court of Appeals in each of
+the nine circuits, which has final appellate jurisdiction in nearly all
+cases except those involving the constitutionality of a law.
+
+_Clause_ 3.--_The Trial of Crimes._
+
+_The trial of all crimes, except in cases of impeachment, shall be by
+jury,[1] and such trial shall be held in the state where said crimes shall
+have been committed;[4] but when not committed within any state,[3] the
+trial shall be at such place or places as congress may by law have
+directed.[4]_
+
+[1] A trial by jury is a trial by twelve men impartially selected. This is
+regarded as one of the great bulwarks of liberty.
+
+Civil cases may, at the desire of both parties, be tried by the court
+only. But for criminal trials a jury is guaranteed by this provision. In a
+criminal trial, the state or the nation is the prosecutor, and state or
+national judges _might_ be tempted to decide unjustly, if the matter were
+left to them.
+
+[2] This leaves the accused in better condition to defend himself, than if
+he could be taken away far from home. He is thus able at the least expense
+to bring witnesses in his own behalf. In harmony with this, each state has
+at least one U. S. District Court for the trial of crimes against the
+general government. (See Declaration of Independence.)
+
+This provision is probably binding also upon the states.
+
+[3] That is, in the District of Columbia, in one of the territories, in
+the Indian country, in the forts or arsenals of the United States, or upon
+the high seas.
+
+[4] Congress has specified courts for the trial of such crimes. Those
+committed on the high seas are tried in the state where the vessel
+arrives. (See pages 230-4.)
+
+
+SECTION III.--TREASON.
+
+_Clause 1.--Definition and Trial._
+
+_Treason against the United States shall consist only in levying war
+against them, or in adhering to their enemies, giving them aid and
+comfort.[1] No person shall be convicted of treason unless on the
+testimony of two witnesses to the same overt act, or on confession in open
+court.[2]_
+
+[1] Treason is, in essence, a deliberate and violent breach of the
+allegiance due from a citizen or subject to his government. Being directed
+against the powers that be, the government in self defense is tempted to
+punish it severely. The more tyrannical a government is the more likely it
+is to be plotted against, and the more suspicious it becomes. If treason
+were undefined, the government might declare acts to be treasonable which
+the people never suspected to be so. This had occurred so many times, and
+good men had so often been sent on this charge to an ignominious death,
+that the framers of the constitution deemed it prudent to define treason
+carefully in the fundamental law itself.
+
+These provisions are taken from the famous statute of Edward III which
+first defined treason in England. This statute declared five things to be
+treasonable, only the third and fourth of which are held by our
+constitution to be so.
+
+[2] An overt act is an open act, not one that is simply meditated or
+talked about, but one actually performed.
+
+The Supreme Court has decided that there must be an actual levying of war;
+that plotting to overthrow the government is not treason. But if
+hostilities have actually begun, if war has commenced, "all those who
+perform any part, however minute, or however remote from the scene of
+action, and who are leagued in the general conspiracy, are to be
+considered traitors."
+
+Two witnesses, at least, "to the _same_ overt act," are required, because
+thus only can a "preponderance of testimony" be secured.
+
+_Clause 2.--Punishment._
+
+_The congress shall have power to declare the punishment of treason, but
+no attainder of treason shall work corruption of blood or forfeiture
+except during the life of the person attainted._
+
+As has been hinted, the punishment of treason had been very severe in
+European countries. Not only was the person convicted of treason put to
+death in the most horrible ways, but his property was forfeited, and no
+one could inherit property from him or through him. Thus not only the
+person himself, but also his children and his children's children, were
+punished. The purpose of this provision is, in the words of Mr. Madison,
+to restrain congress "from extending the consequences of guilt beyond the
+person of its author."
+
+
+_Pertinent Questions._
+
+By what authority was the Supreme Court established? By whom is it
+organized? Why is such a court necessary? How many judges or justices
+constitute the Supreme Court? Name them. Tell what president appointed
+each.
+
+How many and what "inferior courts" has congress established? Name the
+Supreme Court justice assigned to this circuit. How many other states in
+this circuit? Name our two United States circuit judges. Name the United
+States district judge. How are these officers appointed? How long do they
+serve? State the salary of each class of judges. What legal provision is
+there in regard to retiring United States judges?
+
+If a person should rob the mail, in what court would he be tried? Tell
+about the Dartmouth College case. If any one should be caught making
+cigars without a license, before what court would he be tried? If an
+American owed money to an ambassador from a foreign country, and declined
+to pay it, how could the ambassador get his pay? If the ambassador owed an
+American, how could the American get his pay? Would you, if the United
+States government asked you to represent it in a foreign country, like to
+be tried by a court of that country?
+
+If a murder be committed in the District of Columbia, in what court is the
+trial had? If committed in Minnesota? In Wyoming? If a sailor should steal
+from a passenger, when out on the ocean, where would the case be tried and
+in what court?
+
+If a state other than the one in which you live should sue you where could
+the case be tried? How can the United States be a party to a suit?
+
+Have you knowledge of any case in which one state sued another? If a
+merchant in your town should buy goods from a wholesale house in Chicago
+or New York, and should fail or refuse to pay for them, how could the
+house get its pay? What laws would apply to the case? What principle seems
+to be involved in these answers?
+
+How many acts of congress have been declared unconstitutional by the
+Supreme Court?
+
+Can a citizen of Wyoming bring a suit in a United States court? If you
+lived in Montana, how could you recover money owed you in Minnesota? Can a
+United States official be sued for acts performed in the discharge of his
+duties?
+
+What famous case of treason was tried in 1807? Was Jefferson Davis ever
+tried for treason?
+
+If the property of a traitor is taken by the government, must it be
+restored to his heirs at his death? Can you commit treason against this
+state? What do you know about the John Brown case?
+
+Compare III. 2, 3, with amendments 5 and 6, and state the rights of a
+person accused of crime, which are guaranteed by the constitution.
+
+
+_Debate._
+
+Resolved, That all judicial officers should be appointed.
+
+
+_Tabular View._
+
+Prepare a tabular view comparing the three departments of the United
+States government.
+
+
+
+
+CHAPTER XXV.
+
+ARTICLE IV.--THE RELATIONS OF THE STATES.
+
+
+SECTION I.--STATE RECORDS.
+
+_Full faith and credit[1] shall be given in each state to the public
+acts,[2] records,[3] and judicial proceedings[4]of every other state. And
+the congress may by general laws prescribe the manner in which such acts,
+records and proceedings shall be proved,[5] and the effect thereof._
+
+[1] That is, such faith and credit as would be given to such acts, etc.,
+in the state in which they originated.
+
+[2] That is, the legislative acts,--the statutes and the constitutions.
+
+[3] Such as the registration of deeds, wills, marriages, journals of the
+legislature, etc.
+
+[4] The proceedings, judgments, orders, etc., of the courts.
+
+[5] The records of a court are "proved" (that is, shown to be authentic)
+by the attestation of the clerk, with the seal of the court affixed, and
+the certificate of the judge. The acts of the legislature are
+authenticated by the state seal.
+
+
+SECTION II.--RELATIONS TO INHABITANTS OF OTHER STATES.
+
+_Clause 1.--Citizens._
+
+_The citizens of each state shall be entitled to all privileges and
+immunities of citizens in the several states._
+
+That is, no state can give its citizens any privileges which it denies to
+citizens of other states. For instance, a citizen of Wisconsin, New York
+or California, coming to Minnesota has all the privileges of a citizen of
+Minnesota. To be sure he cannot vote in Minnesota until he has resided
+here for a time. This is simply a police regulation, to prevent fraud in
+voting. But he is entitled to the protection of the laws of Minnesota, may
+hold property here, and may engage in any business in which a citizen of
+Minnesota may engage.
+
+He cannot, however, carry with him any special privileges which he may
+have enjoyed in the state from which he came. Thus, if one state permits a
+person to vote upon declaring his intention to become a citizen while
+another requires that a voter shall be a full citizen, a person coming
+from the first state cannot claim the right to vote in the second until he
+becomes a full citizen.
+
+Study in this connection the first clause of the fourteenth amendment.
+
+_Clause 2.--Fugitives from Justice._
+
+_A person charged in any state with treason, felony or other crime, who
+shall flee from justice, and be found in another state, shall, on demand
+of the executive authority of the state from which he fled, be delivered
+up, to be removed to the state having jurisdiction of the crime._
+
+The necessity for this provision will readily be understood, when it is
+remembered that each state has jurisdiction only within its own limits.
+But for this provision, criminals would be comparatively free from
+restraint, because they could in most cases get into another state. And
+this would of course tend to increase the number of criminals. (See pp.
+337, 349.)
+
+As civilization advances, countries independent of each other politically
+agree, for their mutual protection, to surrender to each other fugitives
+from justice. Treaties made for this purpose are called _extradition_
+treaties.
+
+_Clause 3.--Fugitives from Service._
+
+_No person held to service or labor in one state, under the laws thereof,
+escaping into another, shall, in consequence of any law or regulation
+therein, be discharged from such service or labor, but shall be delivered
+up on claim of the party to whom such service or labor may be due._
+
+This clause was inserted as a concession to the slave-holding states, and
+had special reference to slaves, though it also applied to apprentices and
+any other persons who for any reason might be "bound to service." But as
+slavery no longer exists, and apprenticeship and other binding to service
+are almost things of the past, this provision is practically obsolete.
+
+
+SECTION III.--NEW STATES AND TERRITORIES.
+
+_Clause 1.--The Admission of New States._
+
+_New states may be admitted by the congress into this Union;[1] but no new
+state shall be formed or erected within the jurisdiction of any other
+state;[2] nor shall any state be formed by the junction of two or more
+states or parts of states, without the consent of the legislatures of the
+states concerned as well as of the congress.[3]_
+
+[1] These few words mark an era in political history. Heretofore nations
+had acquired new territory merely to enlarge the extent of their
+_provinces_ or subject states, never with a view of uniting the acquired
+territory with the original system, allowing it equal political
+privileges. But when we look at the matter carefully, we shall see that
+our government could not consistently do otherwise than it did. The
+proposition involved in the revolution was that new territory should
+either be permitted to enjoy equal privileges with the parent state, or it
+should become independent.
+
+But it was not simply to carry out a political theory that this provision
+was made; it was to solve a practical difficulty. At the close of the
+Revolutionary War, the United States extended west to the Mississippi
+river. The territory west of the Alleghany mountains contained almost no
+inhabitants, and was of course unorganized. This territory became the
+object of contention. Some of the states claimed jurisdiction over it,
+while others maintained that it was not within the limits of any states,
+and that, as it had been secured by a war waged by the general government,
+this territory should be considered common property, to be managed by the
+general government. The states having claims upon the territory expressed
+a willingness to relinquish them upon the condition that the territory
+should be formed into states as soon as the population would warrant.
+Accordingly, before the constitution was framed all these states except
+North Carolina and Georgia had relinquished their claims, and all but a
+small portion of the territory was under the jurisdiction of the general
+government. And July 13, 1787, that portion of the country west of
+Pennsylvania and north of the Ohio, had been organized into the Northwest
+Territory. This act of congress is generally known as The Ordinance of
+1787. It was for a long time the model upon which other territories were
+organized.
+
+[2] This shows the fear entertained lest the general government should try
+to control a state by threatening its existence.
+
+[3] Vermont was claimed by both New York and New Hampshire. Both consented
+to her admission.
+
+Kentucky was a part of Virginia, and became a state with her consent.
+
+Maine became a state with the consent of Massachusetts, of which it had
+been a part.
+
+West Virginia was admitted during the war, the consent of Virginia being
+obtained afterwards.
+
+_Clause 2.--The Territories._
+
+_The congress shall have power to dispose of and make all needful rules
+and regulations respecting the territory or other property belonging to
+the United States;[1] and nothing in this constitution shall be so
+construed as to prejudice any claims of the United States, or of any
+particular state.[2]_
+
+[1] The power to _acquire_ territory is not expressly granted in the
+constitution, but it is implied as an act of sovereignty. Territory was
+acquired by the general government before the constitution by cession from
+states, and since the adoption of the constitution it has been acquired by
+purchase, by discovery, by conquest, and by annexation.
+
+The power to _dispose_ of territory is also an attribute of sovereignty,
+and would have belonged to the general government without this provision.
+But this provision places the power in the hands of _congress_; otherwise
+land could be sold by the treaty-making power. Under this provision
+congress receded to Virginia that portion of the District of Columbia
+south of the Potomac.
+
+The power to govern any territory which it possesses is also an attribute
+of sovereignty. This clause gives the power to congress; but any law for
+the regulation of territories needs the president's signature, the same as
+any other law.
+
+[2] It will be remembered that North Carolina and Georgia had not at the
+time of the adoption of the constitution relinquished their claims to
+certain territory lying outside of their state limits. This provision was
+made as a concession to them. But they afterwards, North Carolina in 1790
+and Georgia in 1802, ceded the disputed territory to the United States.
+
+
+SECTION IV.--GUARANTIES TO THE STATES.
+
+_The United States shall guarantee to every state in this Union a
+republican form of government,[1] and shall protect each of them against
+invasion,[2] and on application of the legislature, or of the executive
+(when the legislature cannot be convened), against domestic violence.[3]_
+
+[1] That is, the United States will protect each state against one man or
+a few men who may try to usurp the functions of the state government. By
+inference, the United States could insist upon a republican form of
+government even if the people of the state desired some other. Happily, no
+necessity for the exercise of this power has yet arisen.
+
+[2] This would have been the duty of the general government, even if this
+provision had not been made. To defend the country against invasion is one
+of the principal duties of government. The government was organized "to
+provide for the common defense."
+
+[3] To "insure domestic tranquillity" was another reason given for the
+establishment of the constitution. But lest the general government should
+make every little disturbance a pretext for interfering with the local
+affairs of a state, it was provided that no interference should occur
+until asked for by state authority.
+
+
+_Pertinent Questions_.
+
+If a judgment is secured against a resident of New York and he moves to
+Minnesota without paying it, could he be held responsible in Minnesota
+without another suit? Is a marriage ceremony performed in Illinois binding
+in Kansas?
+
+Define citizen. Can a person be a citizen of the United States without
+being a citizen of any state? Could he be a citizen of a state and not be
+a citizen of the United States? A certain southern state imposed a tax
+upon commercial travelers not residents of that state; was the act
+constitutional? What is the Civil Rights bill, and why was it passed? Can
+a citizen of any state claim in another state any privileges peculiar to
+the state from which he removed?
+
+How is a "fugitive from justice" secured when he has escaped into another
+state? Is a governor obliged to surrender an escaped criminal upon demand
+of the authorities of the state from which he escaped? How is a criminal
+secured if he escapes into another country? Name countries with which we
+have _extradition_ treaties. Have we any with Canada?
+
+What were the provisions of the fugitive slave law?
+
+Did the articles of confederation provide for the admission of new states
+into the union? Name the first state admitted into the Union. The last.
+What territories are now seeking admission into the sisterhood of states?
+How does a territory become a state? What advantages are gained by
+becoming a state? Is congress bound to admit new states? Can congress
+compel a territory to become a state? Can it compel a state to remain a
+state? Is there such a thing in our system as _a state out of the Union?_
+
+What does a citizen of the United States lose by moving into a territory?
+
+Does the constitution define a _republican_ government? Is any particular
+department charged with the duty of guaranteeing to each state a
+republican form of government?
+
+When did the United States protect a state against invasion? Against
+domestic violence? Have any states been admitted into the Union more than
+once?
+
+
+
+
+CHAPTER XXVI.
+
+ARTICLE V.--AMENDMENTS TO THE CONSTITUTION.
+
+
+_The congress, whenever two-thirds of both houses shall deem it necessary,
+shall propose amendments to this constitution, or, on the application of
+the legislatures of two-thirds of the several states, shall call a
+convention for proposing amendments, which, in either case, shall be valid
+to all intents and purposes, as a part of this constitution, when ratified
+by the legislatures of three-fourths of the several states, or by
+conventions in three-fourths thereof, as the one or the other mode of
+ratification may be proposed by the congress;[1] provided, that no
+amendment, which may be made prior to the year one thousand eight hundred
+and eight, shall, in any manner, affect the first and fourth clauses in
+the ninth section of the first article;[2] and that no state, without its
+consent, shall be deprived of its equal suffrage in the senate.[3]_
+
+[1] No one realized more fully than the framers of the constitution that,
+with the best thought which they could give to it, the constitution might
+need amending, and therefore they provided ways for proposing and
+ratifying amendments.
+
+It is purposely made difficult to amend the constitution because the
+fundamental law should not be changed except for weighty reasons. If these
+exist, the amendments may be made; the difficulty is not so great as to be
+insurmountable.
+
+[2] By reading the clauses referred to, the student will readily see whom
+this was a concession to.
+
+[3] This was to protect the small states, in whose interest the senate was
+organized.
+
+The first ten amendments were proposed by congress at its first session in
+1789, and they were ratified in 1791.
+
+Two other amendments were proposed at the same time, but they were not
+ratified. One of them was to regulate the number of representatives; the
+other, to prevent congressmen from increasing their own salaries.
+
+The eleventh amendment was proposed in 1796, and ratified in 1798.
+
+The twelfth amendment, a consequence of the disputed election of 1801, was
+proposed in 1803, and ratified in 1804.
+
+An amendment prohibiting citizens of the United States from accepting any
+titles, pensions, presents, or other emoluments from any foreign power, on
+pain of loss of citizenship, was proposed in 1811, but it was not
+ratified.
+
+An amendment making slavery perpetual was proposed in 1861, in the hope
+that this might avert the war, but it was not ratified.
+
+The thirteenth and fourteenth amendments were proposed in 1865 and 1868
+respectively, and they were ratified the same years.
+
+The fifteenth amendment was proposed in 1869, and ratified in 1870.
+
+The propositions of amendments have thus far been made by congress, and
+all ratifications have been made by the state legislatures.
+
+
+_Pertinent Questions._
+
+State four ways in which the constitution may be amended. What _temporary_
+limitation was placed upon the power to amend the constitution? What
+_permanent_ prohibition? How is the English constitution amended? In what
+case _must_ congress call a convention to propose amendments? Must the
+convention thus called propose any amendments? Which is the better of the
+two ways of proposing amendments? When an amendment is proposed by
+two-thirds of both houses of congress, is it necessary to secure the
+approval of the president? Can a state withdraw its ratification of an
+amendment? When is an amendment, once proposed, dead? Did it take
+three-fourths of _all_ the states or only three-fourths of the loyal
+states to ratify the thirteenth amendment? How many of the disloyal states
+finally ratified it? How is the ratification and consequent validity of
+any proposed amendment made known?
+
+
+
+
+CHAPTER XXVII.
+
+ARTICLE VI.--MISCELLANEOUS.
+
+
+_Clause 1.--Prior Debts and Engagements._
+
+_All debts contracted and engagements entered into before the adoption of
+this constitution, shall be as valid against the United States under this
+constitution as under the confederation._
+
+The debts were incurred and the engagements were entered into by the
+United States, and changing the _form of government_ would not release the
+country from its obligations. The insertion of this provision however,
+served as an explicit statement of the purpose of the government to live
+up to its engagements.
+
+_Clause 2.--National Supremacy._
+
+_This constitution, and the laws of the United States which shall be made
+in pursuance thereof, and all treaties made, or which shall be made, under
+the authority of the United States, shall be the supreme law of the land;
+and the judges in every state shall be bound thereby, anything in the
+constitution or laws of any state to the contrary notwithstanding._
+
+This provision settles definitely, and in what would seem to be
+unmistakable terms, the question of supremacy, about which so much
+discussion has been carried on. Within its sphere, within the limitations
+placed upon it by the constitution itself, the national government has the
+supremacy over any and all state governments.
+
+_Clause 3.--Oath of Office._
+
+_The senators and representatives before mentioned, and the members of the
+several state legislatures, and all executive and judicial officers, both
+of the United States and of the several states, shall be bound by oath or
+affirmation, to support this constitution;[1] but no religious test shall
+ever be required as a qualification to any office or public trust under
+the United States.[2]
+
+[1] The first law passed by congress under the constitution was an act
+prescribing the form of the oath required by the provision above. It is as
+follows: "I, A. B., do solemnly swear, or affirm (as the case may be),
+that I will support the constitution of the United States."
+
+[2] In all other countries at the time of the adoption of this
+constitution eligibility to public office was limited to members of the
+established church of the country. This constitution set the example of
+abolishing religious tests for public office, and the wisdom of this is so
+apparent that it has been followed entirely or in part by many of the
+civilized nations.
+
+
+
+
+CHAPTER XXVIII.
+
+ARTICLE VII.--RATIFICATION OF THIS CONSTITUTION.
+
+
+_The ratification of the conventions of nine states shall be sufficient
+for the establishment of this constitution between the states so ratifying
+the same._
+
+Nine states made two-thirds of the entire number. Eleven states ratified
+the constitution within nine months of the time of its submission to them.
+As soon as nine states had ratified, congress made arrangements for
+putting the new form of government into operation.
+
+The mode of ratification herein specified ignored the existence of the
+articles of confederation, and in specifying this mode the convention
+disregarded the instructions of the congress which called it. The congress
+had expressly provided that the work of the convention should be submitted
+to the congress and the state legislatures for approval. But this
+provision places the power to ratify in the hands of conventions elected
+by the people in the several states, which arrangement is in harmony with
+the opening words of the preamble.
+
+
+_Pertinent Questions._
+
+What is the recognized law of nations in regard to the payment of the
+debts of a nation when it changes its form of government? If England
+should become a republic would this rule apply? Does it apply when a
+territory becomes a state? Were the debts of the confederation paid? How?
+What was the amount of the debt of the United States at the time of the
+adoption of the constitution? What is the value of the notes and bonds of
+the "Confederate States of America"? Why?
+
+Which is sovereign, the nation or the individual states? Where else are
+there any provisions which teach the same thing? Why should _judges_ be
+specially mentioned in VI. 2? What department of the government makes
+treaties? Are they binding upon the other departments? Upon the several
+states? Can a state nullify an act of congress? Has any state ever tried
+to do so?
+
+Why are _state_ officers bound to support the constitution of the _United
+States_? Is the requirement to take the "oath of office" a religious test?
+Why is the choice of oath or affirmation given? What was the iron-clad
+oath?
+
+Would the ratification of the constitution by nine states have made it
+binding upon the other four? The articles of confederation required the
+consent of all the states to any amendment to them; by what right was this
+constitution adopted against the wishes of Rhode Island and North
+Carolina? If those two states had persisted in their refusal to ratify the
+constitution, what would have been their relations to the United States?
+Justify your answer.
+
+
+
+
+CHAPTER XXIX.
+
+THE AMENDMENTS.
+
+
+We have now considered the constitution about as it was presented to the
+states for ratification. Judging by our own affection for the noble
+instrument we would expect to learn that it was ratified promptly and
+unanimously. But, as a matter of fact, much hard work was required on the
+part of its friends to secure its ratification. Its every provision had to
+be explained and justified. Probably the most able exposition was made by
+Hamilton, Madison and Jay, in a series of papers entitled, "The
+Federalist."
+
+One of the greatest objections urged against the constitution was that it
+did not guarantee sufficiently the rights of individuals. It will be
+remembered in this connection that the principal grievance against
+England, as expressed in the Declaration of Independence, was that
+personal rights had not been respected; and that, in consequence, the
+first form of government organized after independence, The Articles of
+Confederation, gave the general government no power to reach individuals.
+Experience showed this to have been a mistake, and the constitution
+authorizes the general government to execute its laws directly, enabling
+it to hold individuals responsible. On account of this re-enlargement of
+power, many people honestly feared that the new government might trespass
+upon personal rights as England had done. And several states at the time
+of ratifying suggested the propriety of so amending the constitution as to
+remove these fears.
+
+In accordance with these recommendations, amendments were proposed at the
+first session of congress. The house of representatives proposed
+seventeen, to twelve of which the senate agreed. Only ten, however, were
+ratified by the legislatures of three-fourths of the states. They are, of
+course, the first ten among those that follow. It was decided by the same
+congress that the amendments should not be incorporated into the main body
+of the constitution, but should be appended to it as distinct articles.
+They have, however, the same force as the original constitution.
+
+
+ARTICLE I.
+
+FREEDOM OF RELIGION, OF SPEECH, AND OF ASSEMBLY.
+
+_Congress shall make no law respecting an establishment of religion, or
+prohibiting the free exercise thereof;[1] or abridging the freedom of
+speech or of the press;[2] or the right of the people peaceably to
+assemble and to petition the government for a redress or grievances.[3]_
+
+[1] The chief purpose for which many of the early settlers came to America
+was that they might "worship God according to the dictates of their own
+conscience." Hence their descendants put _first_ among the individual
+rights to be protected, this freedom of religion. But this provision does
+not authorize any one to commit crime in the name of religion.
+
+[2] The only limitation upon speech in this country is that the rights of
+others be respected. Any one may think as he pleases upon any subject, and
+may freely express his opinion, provided that in doing so he does not
+trespass upon the rights of others.
+
+[3] It would seem that under a republican form of government this right
+might be assumed to be secure. The provision is meant to "make assurance
+doubly sure." History had shown the necessity of such precaution.
+
+
+ARTICLE II.
+
+RIGHT TO BEAR ARMS.
+
+_A well-regulated militia being necessary to the security of a free state,
+the right of the people to keep and bear arms shall not be infringed._
+
+It should not be the policy of a republic to keep a large standing army.
+An army is expensive, it takes so many men from productive industries, and
+it is dangerous to liberty--it may from its training become the instrument
+of tyranny.
+
+But a republic must have defenders against foes foreign or domestic. A
+well-trained militia may be depended upon to fight with valor against a
+foreign foe, and may at the same time serve as a check upon usurpation.
+
+For definition of _militia_, see page 162.
+
+
+ARTICLE III.
+
+QUARTERING SOLDIERS.
+
+_No soldier shall, in time of peace, be quartered in any house without the
+consent of the owner, nor in time of war, but in a manner to be described
+by law._
+
+To "quarter" soldiers in any house is to allot them to it for food and
+shelter.
+
+This, it will be remembered, was one of the grievances of the colonies.
+This quartering of soldiers had been, and indeed is in some countries to
+this day, a mode of watching and worrying persons for whom officers of the
+government entertained suspicion or ill will.
+
+
+ARTICLE IV.
+
+SECURITY AGAINST UNWARRANTED SEARCHES.
+
+_The right of the people to be secure in their persons, houses, papers,
+and effects, against unreasonable searches, and seizures, shall not be
+violated, and no warrants shall issue, but upon probable cause, supported
+by oath or affirmation, and particularly describing the place to be
+searched, and the persons or things to be seized._
+
+This, as well as the preceding provision, recognizes the maxim, "A man's
+house is his castle." It prevents the issuance of general warrants.
+
+
+ARTICLE V.
+
+SECURITY TO LIFE, LIBERTY AND PROPERTY.
+
+_No person shall be held to answer for a capital or otherwise infamous
+crime unless on a presentment or indictment of a grand jury,[1] except in
+cases arising in the land or naval forces, or in the militia when in
+actual service in time of war, or public danger;[2] nor shall any person
+be subject for the same offense to be twice put in jeopardy of life or
+limb;[3] nor shall be compelled in any criminal case to be a witness
+against himself,[4] nor be deprived of life, liberty, or property, without
+due process of law;[5] nor shall private property be taken for public use
+without just compensation.[6]
+
+[1] For information in regard to the method of conducting criminal trials,
+see Division I.
+
+[2] The necessity here for prompt and exact obedience to orders is so
+urgent, that summary methods of trial must be permitted.
+
+For information regarding trial by court martial, see appendix, page 338.
+
+[3] That is, when a jury has rendered its verdict and judgment has been
+pronounced, the accused cannot be compelled to submit to another trial on
+the same charge. But if the jury disagrees and fails to bring in a
+verdict, he may be tried again.
+
+[4] Accused persons used to be tortured for the purpose of extorting from
+them a confession of guilt.
+
+[5] In a despotism, the lives, liberty and property of the people are at
+the command of the ruler, subject to his whim. [6] For an illustration
+of the method of securing private property for public use, see page 18.
+
+
+ARTICLE VI.
+
+RIGHTS OF ACCUSED PERSONS.
+
+_In all criminal prosecutions the accused shall enjoy the right to a
+speedy[1] and public[2] trial by an impartial jury[3] of the state and
+district wherein the crime shall have been committed, which district shall
+have been previously ascertained by law,[4] and to be informed of the
+nature and cause of the accusation;[5] to be confronted with the witnesses
+against him;[6] to have compulsory process for obtaining witnesses in his
+favor;[7] and to have the assistance of counsel for his defense.[8]_
+
+The importance of this provision is likely to be underestimated. Says
+Montesquieu, "Liberty consists in security. This security is never more
+attacked than in public and private accusations. It is, therefore, upon
+the excellence of the criminal laws that chiefly the liberty of the
+citizen depends." And Lieber, in his very able work on Civil Liberty and
+Self-Government, says, "A sound penal trial is invariably one of the last
+fruits of political civilization, partly because it is one of the most
+difficult of subjects to elaborate, and because it requires long
+experience to find the proper mean between a due protection of the
+indicted person and an equally due protection of society.... It is one of
+the most difficult things in all spheres of action to induce irritated
+power to limit itself."
+
+Besides the guarantees of the constitution, Lieber mentions the following
+as characteristic of a sound penal trial: the person to be tried must be
+present (and, of course, living); every man must be held innocent until
+proved otherwise; the indictment must be definite, and the prisoner must
+be allowed reasonable time to prepare his defense; the trial must be oral;
+there must be well-considered law of evidence, which must exclude hearsay
+evidence; the judge must refrain from cross-examining witnesses; the
+verdict must be upon the evidence alone, and it must be _guilty_ or _not
+guilty;_ [Footnote: In some countries the verdict may leave a stigma upon
+an accused person, against whom guilt cannot be proven. Of this nature was
+the old verdict, "_not proven._"] the punishment must be in proportion to
+the offense, and in accordance with common sense and justice; and there
+must be no injudicious pardoning power, which is a direct interference
+with the true government of law.
+
+Most, if not all but the last, of the points mentioned by Dr. Lieber are
+covered by that rich inheritance which we have from England, that
+unwritten constitution, the common law. The question of how best to
+regulate the pardoning power is still unsettled.
+
+[1] He may have his trial at the next term of court, which is never very
+remote. But the accused may, at his own request, have his trial postponed.
+
+[2] Publicity is secured by the keeping of official records to which all
+may have access, by having an oral trial, by the admission of spectators
+to the court room, and by publication of the proceedings in the
+newspapers.
+
+[3] For the mode of securing the "impartial jury," see page 63.
+
+[4] It is provided in the body of the constitution (III., 2, 3,) that
+criminal trial shall be by jury, and in the state where the crime was
+committed. This amendment makes the further limitation that the trial
+shall be in the _district_ where the crime was committed, so a person
+accused of crime cannot be put to the trouble and expense of transporting
+witnesses a great distance.
+
+[5] The nature of the accusation is specified in the _warrant_ and in the
+indictment, both of which, or certified copies of them, the accused has a
+right to see.
+
+[6] Not only do the witnesses give their evidence in the presence of the
+accused, but he has also the right to cross-examine them.
+
+[7] But for this "compulsory process" (_called a subpoena_), persons
+entirely guiltless might be unable to produce evidence in their own
+behalf. The natural desire of people to "keep out of trouble" would keep
+some knowing the circumstances of the case from giving their testimony,
+and others would be afraid to speak up for one under a cloud and with all
+the power of the government arrayed against him.
+
+[8] The accused may plead his own cause, or he may engage a lawyer to do
+it for him. If he is too poor to employ counsel, the judge appoints a
+lawyer to defend him, whose services are paid for out of the public
+treasury.
+
+From the foregoing, it will be seen that great care is exercised to give a
+person accused of crime full opportunity to defend himself. And it must be
+remembered in this connection that it is a principle of our jurisprudence
+that _the burden of proof lies upon the government_. That is, the accused
+is to be deemed innocent until he is _proved_ guilty. We prefer that a
+number of guilty persons should escape punishment rather than that one
+innocent person should suffer.
+
+
+ARTICLE VII.
+
+JURY TRIAL IN COMMON LAW SUITS.
+
+_In suits at common law,[1] where the amount in controversy shall exceed
+twenty dollars, the right of trial by jury shall be preserved; and no fact
+tried by a jury shall be otherwise re-examined in any court of the United
+States, than according to the rules of common law.[2]_
+
+[1] The meaning of this expression is difficult of explanation, but it
+covers most ordinary lawsuits. From the fact that a jury in criminal cases
+has already been guaranteed (III., 2, 3, and Am. VI.), it may be assumed
+that this provision is intended to cover civil suits.
+
+[2] Among the "rules of common law" are these: 1. All suits are tried
+before a judge and a jury, the jury determining the _facts_ in the case
+and the judge applying the _law_. 2. The facts tried by a jury can be
+re-examined only by means of a new trial before the same court or one of
+the same jurisdiction.
+
+The purpose of this provision is to preserve the jury trial as a real
+defense against governmental oppression. In the Supreme Court there is no
+jury; the trials are by the court. If questions of _fact_ could be
+reviewed or re-examined by such a court on appeal the protection now given
+by the jury would be nullified.
+
+
+ARTICLE VIII.
+
+EXCESSIVE BAILS, FINES AND PUNISHMENTS FORBIDDEN.
+
+_Excessive bail shall not he required, nor excessive fines imposed, nor
+cruel and unusual punishments inflicted._
+
+Having enjoyed the protection of this and similar provisions for so many
+years, we can hardly appreciate their value. It must be borne in mind that
+those who "ordained and established" the constitution had been abused in
+just these ways, and that in this provision they provided against a real
+danger.
+
+
+ARTICLE IX.
+
+UNSPECIFIED PERSONAL RIGHTS PRESERVED.
+
+_The enumeration in the constitution of certain rights shall not be
+construed to deny or disparage others retained by the people._
+
+Certain rights which governments are prone to trample on have been
+mentioned in the preceding provisions. But not all of the personal rights
+could be enumerated. Hence this provision covering those unnamed.
+
+
+ARTICLE X.
+
+THE UNITED STATES GOVERNMENT ONE OF LIMITED POWERS.
+
+_The powers not delegated to the United States by the constitution, nor
+prohibited by it to the states, are reserved to the states respectively,
+or to the people._
+
+This provision gives a rule for interpreting the constitution. "It is
+important as a security against two opposite tendencies of opinion, each
+of which is equally subversive of the true import of the constitution. The
+one is to _imply_ all powers, which may be useful to the national
+government, which are not _expressly prohibited;_ and the other is, to
+_deny_ all powers to the national government which are not _expressly
+granted_." [Footnote: Story] The United States is "a government of limited
+powers," and has only such implied powers as are necessary to carry out
+the express powers. On the other hand, a state has all powers not denied
+to it by the state or federal constitutions.
+
+
+_Pertinent Questions._
+
+What is the general purpose of the first ten amendments? Do they restrict
+the general government or the state governments, or both? When and how
+were these amendments proposed? When and how ratified? What three
+limitations to the power of amendment does the constitution contain?
+
+Is there any "established" or state church in the United States? How do
+you suppose that this came about? Are we as a people indifferent to
+religion? Can a person say what he pleases? Can he publish whatever
+opinions he pleases? What is _slander?_ _Libel?_ Why should these last two
+questions be asked here? Petition whom? What's the good of petitioning?
+What petitions did you learn about at the beginning of this study? Can
+soldiers in the regular army petition? Why? Has the "right of petition"
+ever been denied in this country?
+
+Wherein is a standing army dangerous to liberty? Is this true of the navy?
+How is a "well-regulated militia" a check upon usurpation of authority?
+Does Amendment II. authorize you to keep a revolver? To carry it in your
+pocket? How often is the army mentioned in the Declaration of
+Independence, and what is said?
+
+What are the objections to "quartering" soldiers in a private house? Does
+the amendment protect tenants? Why the exception in the amendment? What
+mention of quartering soldiers in the Declaration of Independence?
+
+Get and read a warrant of arrest. A search warrant. Has a warrant always
+been needed as authority for arrest? Are arbitrary arrests, searches and
+seizures permitted in any civilized countries today?
+
+What is a capital crime? An infamous crime? A presentment? An indictment?
+A grand jury? How do the proceedings of a grand jury compare with those of
+a petit jury? Why the differences? Why the exception in the first clause
+of the amendment? Can a convicted and sentenced person ask for a new
+trial? Under what other circumstances can persons be tried again? In what
+connections have you heard of private property being taken for public use.
+
+Taking each guarantee in the sixth amendment, show the wrongs which an
+accused person, presumably innocent, would suffer if the provision were
+not recognized or that guarantee removed.
+
+Find out all you can about _common law_. What is meant by a _civil_ suit
+as distinguished from a _criminal_ suit? What is meant by a case in
+_equity?_ When an appeal is taken what is subject to re-examination? What
+is not? Why?
+
+What conditions determine the just amount of bail? Of fines? What cruel
+punishments have you heard or read of as being administered by public
+authority? When and where were such punishments not "unusual"? Was the
+eighth amendment necessary? What limit is there to things which "The
+People" may do? To the powers of the United States government? To those of
+a State government?
+
+Find the history behind each provision in the ten amendments. From what
+country did we obtain the notions that the rights here preserved belong to
+freemen? From under what other country could the Colonies have come ready
+to be the United States as we love it, or from what other country could we
+have inherited such notions?
+
+Since these ten amendments are intended for the protection of individuals
+against governmental oppression, it will be an excellent scheme now for
+the student to arrange in the form of a tabulation the various directions
+in which such protection is guaranteed by the constitution as amended. The
+following is simply suggestive:
+
+I. From Legislative Oppression.--1. Thought; 2. Expression; 3. Bills of
+Attainder; 4. _Ex post facto_ laws; 5. Social distinctions; 6. Assembly;
+7. Petition.
+
+II. From Executive Oppression.-1. Military; 2. Searches and seizures; 3.
+Life, Liberty, or Property; 4. Suspension of _Habeas Corpus_.
+
+III. From Judicial Oppression.-1. Before trial: arrest, bail, information
+as to accusation, time of trial; 2. During trial: publicity, jury,
+evidence, counsel, punishment; 3. After trial: retrial; 4. Treason.
+
+IV. From State oppression.
+
+
+ARTICLE XI.
+
+LIMITING THE JURISDICTION of UNITED STATES COURTS.
+
+_The judicial power of the United States shall not be construed to extend
+to any suit in law or equity,[1] commenced or prosecuted against one of
+the United States[2] by citizens of another state, or by citizens or
+subjects of any foreign state.[3]_
+
+[1] Equity is hard to define. According to Aristotle it is "the
+rectification of the law, when, by reason of its universality, it is
+deficient." Blackstone says, "Equity, in its true and genuine meaning, is
+the soul and spirit of all law.... Equity is synonymous with justice." It
+is the province of law to establish a code of rules whereby injustice may
+be prevented, and it may therefore be said that all law is equitable. "In
+a technical sense, the term equity is applied to those cases not
+specifically provided for by positive law." (See page 208; also Dole's
+Talk's About Law, page 502.)
+
+[2] According to III. 2, a state could be sued for a debt the same as an
+individual, and shortly after the adoption of the constitution several of
+them were sued for debts incurred during the Revolutionary War. Pride and
+poverty both prompted the states to desire immunity from such suits. Hence
+the adoption of this amendment. (See page 209.)
+
+[3] A non-resident secures the payment of a debt due from a state in the
+same way as a resident--by legislative appropriation.
+
+
+ARTICLE XII.
+
+MODE OF CHOOSING THE PRESIDENT AND VICE-PRESIDENT.
+
+The amendment has been discussed in connection with Article II. of the
+constitution, pages 184-6.
+
+
+ARTICLE XIII.
+
+ABOLITION OF SLAVERY.
+
+_1. Neither slavery nor involuntary servitude, except as a punishment for
+crime, whereof the party shall have been duly convicted, shall exist
+within the United States, or any place subject to their jurisdiction._
+
+_2. Congress shall have power to enforce this article by appropriate
+legislation._
+
+This amendment, one of the "first fruits" of the Civil War, put an end to
+slavery in the United States. The wording was taken, almost verbatim, from
+the Ordinance of 1787.
+
+
+ARTICLE XIV.
+
+MISCELLANEOUS RECONSTRUCTION PROVISIONS.
+
+SECTION I.--"CITIZEN" DEFINED. PRIVILEGES GUARANTEED.
+
+_All persons born or naturalized in the United States, and subject to the
+jurisdiction thereof, are citizens of the United States and of the state
+wherein they reside.[1] No state shall make or enforce any law which shall
+abridge the privileges or immunities of citizens of the United States; nor
+shall deprive any person of life, liberty or property, without due process
+of law, nor deny to any person within its jurisdiction the equal
+protection of the laws.[2]_
+
+[1] This provision defines citizenship. It was worded with the special
+view of including the negroes. It embodies the principle of the Civil
+Rights Bill, and is intended to guarantee to the negroes the protection
+implied in citizenship.
+
+[2] Some of the amendments impose limitations only on the general
+government. Lest the states in which slavery had recently been abolished
+should endeavor to oppress the ex-slaves this provision was made as a
+limitation upon the states.
+
+But this provision is general in it nature, and by means of it the United
+States can protect individuals against oppression on the part of the
+states. Pomeroy [Footnote: Constitutional Law, p. 151.] regards this as
+the most important amendment except the thirteenth.
+
+
+SECTION II.--BASIS of REPRESENTATION.
+
+_Representatives shall be apportioned among the several states according
+to their respective numbers, counting the whole number of persons in each
+state, excluding Indians not taxed. But when the right to vote at any
+election for the choice of electors for president and vice-president of
+the United States, representatives in congress, the executive and judicial
+officers of a state, or the members of the legislature thereof, is denied
+to any of the male inhabitants of such state, being twenty-one years of
+age, and citizens of the United States, or in any way abridged, except for
+participation in rebellion or other crime, the basis of representation
+therein shall be reduced in the proportion which the number of such male
+citizens shall bear to the whole number of male citizens twenty-one years
+of age in such state._
+
+Each state determines who may vote within its borders. This provision was
+intended as an _inducement_ to the former slave states to grant franchise
+to the colored men. It does not _compel_ them to do this. But granting the
+franchise increases their representation. The fifteenth amendment is more
+_imperative_ in this direction.
+
+
+SECTION III.--DISABILITIES of REBELS.
+
+_No person shall be a senator or representative in congress, or elector of
+president or vice-president, or hold any office, civil or military, under
+the United States, or under any state, who, having previously taken an
+oath, as a member of congress, or as an officer of the United States, or
+as a member of any state legislature, or as an executive or judicial
+officer of any state, to support the constitution of the United States,
+shall have engaged in insurrection or rebellion against the same, or given
+aid or comfort to the enemies thereof.[1] But congress may, by a
+two-thirds vote of each house, remove such disability.[2]_
+
+[1] The primary purpose of this provision was to exclude from public
+office those who in the Civil War, by entering the service of the
+Confederate States, broke an oath previously taken. Though the persons
+whom it was immediately intended to affect will soon all be "with the
+silent majority," the provision, by being made part of the constitution,
+will remain a warning to all in the future.
+
+[2] The disabilities have been removed from all but a few of those
+immediately referred to. This clause seems to put another limitation upon
+the power of the president to grant pardons. From 1862 to 1867 the
+president had been specially authorized by congress to grant amnesty to
+political offenders. And in 1867 President Johnson continued to grant such
+amnesty, denying the power of congress to put any limitation upon the
+president's pardoning power. But this provision specifically places the
+power to relieve certain disabilities in the hands of congress. The
+"two-thirds" vote is required in order that such disabilities may not be
+easily removed.
+
+
+SECTION IV.--PUBLIC DEBT.
+
+_The validity of the public debt of the United States, authorized by law,
+including debts incurred for the payment of pensions, and bounties for
+services in suppressing insurrection or rebellion, shall not be
+questioned. But neither the United States nor any state shall assume or
+pay any debt or obligation incurred in aid of insurrection or rebellion
+against the United States, or any claim for the loss or emancipation of
+any slave, but all such debts, obligations and claims shall be held
+illegal and void._
+
+_Congress shall have power to enforce, by appropriate legislation, the
+provisions of this article._
+
+This section needs little comment. It means simply that any expense
+incurred on the part of government in suppressing rebellion _shall be
+paid_; and that debts incurred in aid of rebellion _shall not be paid_. It
+applies not only to the late Civil War but to all future wars of the same
+kind.
+
+
+ARTICLE XV.
+
+SUFFRAGE.
+
+_The right of citizens of the United States to vote shall not be denied or
+abridged by the United States, or by any state, on account of race, color,
+or previous condition of servitude._
+
+_Congress shall have power to enforce this article by appropriate
+legislation._
+
+This amendment was intended to put negroes upon the same footing as white
+people in the matter of suffrage.
+
+Each state, as has previously been stated, prescribes the qualifications
+of voters within its borders. It may require that they be fifteen or
+twenty-five or twenty-one or any other number of years old; it may or may
+not require a property qualification; it may or may not require an
+educational qualification; it may include or exclude women as voters; it
+may draw the line at imbeciles and felons, but it cannot draw the color
+line. A black citizen must be permitted to vote upon the same conditions
+as a white one.
+
+
+_Pertinent Questions._
+
+What is meant by a state "repudiating" a debt? What states have done so?
+What reason did each assign for doing so? Can a city repudiate? A county?
+
+Were amendments XIII., XIV., and XV. constitutionally adopted? [Footnote:
+See Wright, 284; Andrews, 272; and Pomeroy, 76.]
+
+How was slavery abolished in each of the states? [Footnote: See page 343.]
+What does the emancipation proclamation say about slavery? Can slavery
+exist in Alaska? Why?
+
+Are you a citizen of the United States? How may an alien become a citizen?
+May a person be a citizen of the United States without being a citizen of
+any state? A citizen of a state without being a citizen of the United
+States? [Footnote: See Wright, 287.] How does a citizen of the United
+States become a citizen of a certain state? What are some of the
+"privileges and immunities" of a citizen of the United States? [Footnote:
+See Wright, 287.] Can a Chinaman become a citizen? An Indian? Does this
+section give women the right to vote?
+
+What provision of the constitution is amended by the second clause of the
+fourteenth amendment? What change is made? How often does the "counting"
+take place? What is it called? When will the next one occur? Has the
+penalty mentioned in the second clause ever been inflicted?
+
+Name persons affected by the third clause of the fourteenth amendment.
+Name persons from whom the disabilities have been removed. How were they
+removed? Name persons against whom the disabilities still lie. May they
+vote? What provision of the original constitution is affected by the last
+sentence of this clause, and how is it modified?
+
+How much money was expended in suppressing the rebellion? How was it
+raised? How much debt has been paid? How much remains unpaid? Did you ever
+see a United States bond or note? How much is a confederate bond for $1000
+worth? Why? Have any emancipated slaves been paid for by the government?
+
+What is the necessity of the clause commencing, "The congress shall have
+power?"
+
+What is secured to negroes by the thirteenth amendment? By the fourteenth?
+By the fifteenth? Name persons who are citizens but cannot vote. Name
+three eminent colored men.
+
+What clause could be omitted from the constitution without affecting it?
+
+
+
+
+PART IV.
+
+GOVERNMENT IN GENERAL.
+
+
+
+
+CHAPTER XXX.
+
+FORMS OF GOVERNMENT.
+
+
+Classification.--Aristotle divided governments into three chief classes,
+based upon the number of persons constituting the governing element, as
+follows: government by _one_, monarchy; by the _few_, oligarchy; by the
+_many_, democracy.
+
+Subdivisions of these classes may be made as follows.
+
+1. By _one_, monarchy; hereditary or elective; absolute or limited.
+
+2. By the _few_, oligarchy or aristocracy.
+
+3. By the _many_, democracy or republic.
+
+Definitions and examples.--A hereditary monarchy is one in which the
+succession is acquired by birth, the usual order being from father to
+eldest son; examples, England, Prussia, etc.
+
+An elective monarchy is one in which the succession is by election; the
+term for life; example, the old German empire, in which the emperor was
+chosen by certain princes called "electors." [Footnote: Our mode of
+electing a president may have been suggested in part by this old
+practice.]
+
+An absolute monarchy is one in which the three functions of government as
+related to law--the legislative, executive and judicial--are all vested in
+one person; examples, Russia and Turkey in Europe, and most of the
+countries of Asia and Africa.
+
+A limited monarchy is one in which the sovereign's power is confined
+chiefly to executing the laws framed and interpreted by other departments;
+examples, England, and most of the other countries of Europe.
+
+An oligarchy is that form of government in which the supreme power is
+vested in the hands of a few (_oligos_, few); example, the triumvirates of
+Rome.
+
+An aristocracy is really a government by the best (_aristos_, the select,
+the best). This is the sense in which the word was first used. It has come
+to mean government by a privileged class. Aristocracy seldom, if ever,
+exists alone.
+
+A democracy is that form of government in which the functions are
+administered directly by the people, only the clerical or ministerial work
+being done by officers, and they appointed by the people; examples, the
+old German tribes, some of the states of ancient Greece, some of the
+present cantons of Switzerland, the early settlements of New England, and
+in a limited sense our own school districts and towns.
+
+A republic is a representative democracy. A democracy is practicable only
+within a very limited area. When the area grows large the people must
+delegate much of work of government to representatives. Examples, the
+United States, each state in the Union, Switzerland, and most of the
+countries of America.
+
+The Origin of Each Typical Form.--Monarchy and oligarchy both probably owe
+their existence to war. The successful chieftain or leader in war became
+the king, and his retainers or followers became the privileged classes.
+Those who were subdued either became slaves or were simply "the common
+people." Democracy had its beginnings, and flourishes best, in times of
+peace. The people, though they had to fight again and again to secure
+recognition, have really won their right to it by the arts of peace.
+
+The Criteria of Good Government.--Among the tests by which the goodness or
+badness of a government, or form of government, may be determined, are the
+following:
+
+1. A good government is _stable_. Stability is the foundation of
+worthiness of character in governments as well as in persons. The basis of
+progress is permanence--one cannot grow wise, or rich, or strong, unless
+he can preserve at least a part of what he gains. "Conduciveness to
+progress includes the whole excellence of government." [Footnote: Mills
+Representative Government.]
+
+2. A good government _tends to increase the sum of good qualities in the
+governed_. Strength comes from exercise. Therefore a government is
+excellent in proportion as it works up to the possibilities of a people
+for self-government and fits them to go on advancing in intellectual and
+moral power.
+
+3. A good government _has proper machinery_. This should be "adapted to
+take advantage of the amount of good qualities which may at any time
+exist, and make them instrumental to right purposes." [Footnote: Mills
+Representative Government.]
+
+"Representative Government the Ideally Best Polity."--Every student who
+has access to Mills' Representative Government should read the chapter
+with the heading at the beginning of this paragraph. He combats the
+proposition, "if a good despot could be insured, despotic monarchy would
+be the best form of government." Granting that much good might be done, he
+shows that the very passivity of the people must result in deterioration,
+"that is, if the nation had ever attained anything to decline from." On
+the other hand, he shows that participation in public affairs gives a
+mental and moral training otherwise unattainable. After showing the nature
+of the mental development acquired, he says: "Still more salutary is the
+moral part of the instruction afforded by the participation of the private
+citizen, if even rarely, in public functions. He is called upon, while so
+engaged, to weigh interests not his own; to be guided, in case of
+conflicting claims by another rule than his private partialities; to
+apply, at every turn, principles and maxims which have for their reason of
+existence the general good; and he usually finds associated with him in
+the same work minds more familiarized than his own with these ideas and
+operations, whose study it will be to supply reasons to his understanding,
+and stimulation to his feeling for the general good. He is made to feel
+himself one of the public, and whatever is their interest to be his
+interest. Where this school of public spirit does not exist ... a
+neighbor, not being an ally or an associate, since he is never engaged in
+any common undertaking for the joint benefit, is therefore only a rival."
+
+Dangers in Each Form of Government.--While each of the typical forms has
+merits of its own,--the monarchy having stability, the aristocracy
+securing the benefit of inherited good qualities, and democracy the
+advantages referred to in the preceding paragraph--there is danger in each
+form. Monarchy continually tends toward that inconsiderate exercise of
+power which we call tyranny. Aristocracy tends toward oligarchy;
+government by the _best_ is prone to decline into government by the _few_
+without regard to qualification. And democracy is in danger of
+degenerating into mob rule.
+
+Every Government Aims to be Aristocratic.--That is, each government in
+theory seeks to have those rule who are best fitted to manage public
+affairs. This is the thought, for instance, in our requiring certain
+qualifications in voters and office-holders.
+
+Our Own Government.--We fondly believe that our own government combines to
+a high degree the excellencies of all the forms.
+
+Our hope for stability lies chiefly in the fact that our corner stone is
+eternal justice, the equality of all men before the law. Even the severe
+shock of civil war has been endured, and our system is more strongly
+intrenched in the confidence of the world than ever before.
+
+We believe in the potency of good blood and good training. But the worth
+of each individual must be _shown_, it will not be taken for granted. We
+will neither lift him up because he is "his father's son," nor cast him
+down because his father was unworthy.
+
+Situated as we are, with no powerful rivals near us, with the ocean
+between us and the countries of Europe, the common defense requires no
+great standing army to eat up our substance and to menace our liberties.
+Living in the north temperate zone, the belt of highest civilization, in a
+country capable of producing almost everything desirable, there is every
+reason to believe that, if we are true to ourselves and our opportunities,
+we may long enjoy prosperity and peace.
+
+
+_Debate_.
+
+Resolved, That universal suffrage is dangerous to the well being of
+society.
+
+
+
+
+PART V.
+
+COMMERCIAL LAW.
+
+
+RESPONSIBILITY.
+
+_Ignorance of the law is no excuse._
+
+At first sight this would seem unjust, since no one but a lawyer can be
+expected to have much legal knowledge. But as law is simply common sense
+applied, the exercise of ordinary judgment is usually sufficient to enable
+a person to act safely.
+
+To present a few of the more common principles of commercial law, is the
+purpose of the following pages.
+
+
+
+
+CHAPTER XXXI.
+
+CONTRACTS.
+
+
+Definitions.--A contract is an agreement between two or more parties,
+containing on the one hand an _offer_ and on the other an _acceptance_.
+
+Contracts are _express_ or _implied_. An express contract is one whose
+terms are definitely stated in words; an implied contract is one whose
+terms are understood from the circumstances. A written contract is express;
+an oral contract may be express or implied.
+
+Fundamental Principles.--Every one able to contract is free to enter into
+any agreement not forbidden by law. Every such person is bound to fulfill
+every legal contract that he makes.
+
+Essential to a Contract.--To be binding, however:
+
+_1. A contract must be to do a lawful act._
+
+Most contracts are permitted by law. But a contract the carrying out of
+which is recognized as subversive of justice, morality, or the general
+welfare, is illegal, and therefore void.
+
+_2. The thing contracted to be done must be possible in its nature._
+
+That a person finds it impossible _under the circumstances_ to live up to
+his contract should not and does not release him from responsibility.
+
+_3. The parties to the agreement must be competent to contract._
+
+Persons not able to contract are minors, lunatics, idiots and drunk
+people, and married women (except in some states in relation to their
+separate estates). The purpose of this arrangement is to protect those who
+cannot protect themselves. A minor may, however, enforce a contract if he
+chooses to do so. A contract with a minor for the necessaries of life,
+when they are not or cannot be furnished by a parent or guardian, is
+valid. And any contract ratified by a minor after coming of age is binding
+upon him. A person unable to contract personally cannot contract through
+an agent. But he may act as an agent.
+
+_4. The parties to the contract must assent to it._
+
+The assent must be voluntary. It may be given by words, by acts, or by
+accepting the benefits of the offer. If acceptance is by letter, the
+contract is complete when the letter of acceptance is mailed. The parties
+must assent to the same thing. Assent imposing a new condition is no
+assent.
+
+_5. The promise must be for a consideration._
+
+The law will not compel a person to give something for nothing. But the
+amount of the consideration is usually unimportant, so long as it is
+reasonable. Anything is a consideration which is of benefit to the person
+promising or of loss or inconvenience to the other. An illegal
+consideration is, however, not a consideration; nor is the performance of
+a moral duty, nor the doing of what would be a legal duty without the
+promise in question. If the consideration fails, the contract fails. One
+has no right to sue on a contract unless he has performed or offered to
+perform his part.
+
+_6. The contract must be made without fraud._
+
+Fraud may be practiced in two ways, by making statements known to be false
+or by concealing facts that ought to be revealed. But if the parties meet
+on equal terms, with the same sources of information, and if nothing is
+done to conceal faults, there is no fraud in law. "Let the buyer beware,"
+is an ancient maxim, and a buyer must exercise reasonable diligence and
+prudence. Fraud absolves the injured party, but the defrauding party may
+be held to the contract; that is, the contract is voidable at the option
+of the party deceived.
+
+_7. Some contracts must be in writing._
+
+The principal classes of commercial contracts which must be in writing to
+be binding, are: (a) agreements for the sale of property of more than a
+certain value; (b) agreements of guaranty; (c) agreements not to be
+performed within a year.
+
+In the famous English "Statute of Frauds," which is the basis of the
+American local statutes on matters referred to in this section, the value
+of personal property requiring written contract was ten pounds or fifty
+dollars. In the United States the value varies in different states from
+$30 to $200. But if part of the property is delivered or part of the
+purchase money is paid the whole contract is binding, even if not in
+writing.
+
+A guaranty is an agreement by which a person warrants that a certain third
+person shall duly perform an engagement. Thus if A obtains goods from B
+upon the assurance of C that they will be paid for, C is said to guarantee
+the debt.
+
+A contract which _may_ be performed within a year does not come under the
+statute, even if such performance seems improbable at the time of making
+the contract.
+
+The style of the writing is immaterial--it may be formal or informal, in
+ink or pencil. It may be made by the principal or by his agent.
+
+
+_Pertinent Questions._
+
+How are the laws--legislative enactments and decisions of the Supreme
+Court--made public? Why are they thus published?
+
+Tell whether the following agreements are valid contracts or not, and why:
+
+1. An agreement to print a libel. A lease of a house for gambling
+purposes. A contract executed on Sunday. A contract for work to be done
+for five consecutive days, beginning on Friday. How would it affect the
+case if the work were the removing of goods from a building in imminent
+danger of falling? The agreement of a tinsmith never again to work at his
+trade. His agreement not to work at it within a specified time or in a
+certain town.
+
+2. An agreement to swim across the ocean. To pay for a horse at the rate
+of one kernel for the first nail in the horse's shoes, two for the second,
+four for the third, eight for the fourth, and so on. To deliver goods at a
+certain time, though the delivery at the proper time may be prevented by
+some accident. Is a person released from responsibility by sickness?
+
+3. An agreement by an orphan to pay for necessaries at some future time.
+If the price charged is exorbitant, is he bound to pay it or only a fair
+market price? A man while drunk buys a horse for which he has no use, but
+after becoming sober continues to use the horse. If the price is
+excessive, how much must he pay? When a married women buys goods on
+credit, is she acting as the principal or as her husband's agent?
+
+4. An order for goods to be sent to a man's house, nothing being said
+about payment. An offer retracted before acceptance. An offer for a
+certain horse; an acceptance under the impression that a different horse
+is meant. A service permitted though uninvited; give an example. A man in
+St. Paul offers by letter a certain piece of property at a certain price
+to a man in Chicago; an hour after mailing the letter he changes his mind;
+how can he prevent a contract?
+
+5. A agrees to give B $25 for a silver dime. But if this particular dime
+were of a rare kind and desired by A, a wealthy coin collector, to
+complete a set, would the consideration be sufficient? An offer shouted
+from a fourth story window just as the roof is about to fall, in
+consequence of which offer a fireman at unusual personal risk successfully
+attempts the rescue. An offer and acceptance for a horse which is
+afterwards discovered to have been dead at time of sale. A promise made
+under threat of spreading an infamous report. An agreement for the purpose
+of securing the postponement of the payment of a debt. How many
+"considerations" are there in a valid contract?
+
+6. The sale of an unfashionable "ready-made" suit of clothes, nothing
+being said about the style. The sale of a plated watch chain, the dealer
+permitting the purchaser to suppose it solid gold. The sale of a blind
+horse, nothing being said about its sight, no effort being made to conceal
+its blindness, and full opportunity for examination being given to the
+purchaser. The sale of a house and lot at a certain price, greater than
+the purchaser had at first intended to give, upon the representation of
+the seller that he had "been offered" such a sum. The purchase of a piece
+of land which unknown to the vendor contains a valuable mine, nothing
+being said to mislead said vendor.
+
+7. An oral order for goods to the value of $500. How does the buyer's
+receiving part of the goods affect the matter? How else could the contract
+be made binding? What position does a person assume by endorsing a note?
+By orally saying that a debt of another will be paid? An oral engagement
+made December first to work a year beginning January first.
+
+
+
+
+CHAPTER XXXII.
+
+AGENCY.
+
+
+Definitions.--An agent is a person authorized to act for another in
+dealing with third parties. The one for whom the agent acts is called the
+principal.
+
+Authority of Agent.--An agent's authority may be granted orally or in
+writing. When written it is called a "power of attorney." A general agent
+has all the authority implied in his employment. A special agent has only
+such authority as is specifically granted.
+
+Responsibility of the Principal.--Between the principal and his agent
+responsibility is determined by their contract. Expressly or impliedly the
+principal agrees to pay for the service rendered.
+
+It is in the principal's relation to third parties that the most important
+rule of agency appears. It is this: _The principal is responsible for the
+authorized acts of his agent_. The theory is that the acts are those of
+the principal, the agent being merely an instrument. And accordingly, the
+principal is bound not only by such acts of his agent as he has really
+authorized, but also by such as he _apparently_ authorizes.
+
+Responsibility of Agent.--The agent is responsible to his principal for
+any violation of their contract. Expressly or impliedly he is bound to
+obey orders, to exercise ordinary skill and care in the performance of his
+duty, and to refrain from putting his interests in adverse relation to
+those of his principal.
+
+To the third party the agent is not responsible, except in the following
+cases: When he specifically assumes responsibility, when he conceals the
+identity of his principal, when he exceeds his authority, or when he acts
+fraudulently.
+
+Termination of Agency.--An agency terminates at the death of either
+principal or agent. It may also be terminated by revocation of authority,
+which takes effect upon receipt of the notice, or by the bankruptcy or
+lunacy of the principal, judicially declared.
+
+
+_Pertinent Questions._
+
+In the following cases name the principal, the agent, and the third party:
+A clerk in a store; a man employed to sell goods by sample; a cashier in a
+bank; a conductor on a train; a commission merchant; a partner acting for
+a firm, a sheriff.
+
+May a minor act as principal? As agent? A watch left at a jeweler's store
+for repairs is injured by the workman; who is responsible to the owner? On
+account of a road overseer's neglect a horse is injured by stepping
+through a hole in a bridge; to whom shall the owner look for damages? If a
+person is notified that another claims to represent him as agent and he
+neglects to repudiate the claim, is he responsible for acts of the
+claimant as agent?
+
+May an agent having authority to fix prices sell to himself?
+
+May a clerk in a store take goods at regular marked prices?
+
+An agent transacts business after his principal's death but before he has
+received notice thereof, is the transaction binding upon the heirs?
+
+
+
+
+CHAPTER XXXIII.
+
+PARTNERSHIP.
+
+
+What it is.--Partnership is the relation existing between persons who have
+agreed to combine their property or skill for the prosecution of a given
+enterprise, and to share the profits or losses resulting therefrom.
+
+How Formed.--Partnership being a matter of agreement is subject to the law
+of contracts. When the agreement is in writing, it is called "articles of
+copartnership." The articles usually specify the parties and the firm
+name, the nature and the location of the business to be carried on, the
+investment of each party, the basis for apportioning profits and losses,
+and sometimes the duration of the co-partnership. There are generally
+other provisions, their nature depending upon the circumstances.
+
+Responsibility.--As to each other, the partners have the rights and duties
+which they agree upon.
+
+As to third parties, the two most important rules of law are: first, that
+_the firm is bound by the acts of each member_, in matters pertaining to
+the firm's business; second, _each member is liable for all the debts of
+the firm_.
+
+Dissolution.--If the duration of the partnership is not specified, it may
+be dissolved by any partner at any time. If its duration is specified, it
+expires, of course, by limitation or by mutual consent. In either case,
+the death of a partner dissolves the firm. If a partner becomes insane or
+acts fraudulently, the partnership may be dissolved by a decree of the
+court. The sale of an interest (which must have the consent of each
+partner) dissolves the partnership and forms a new one.
+
+Notice of Dissolution.--That the retiring partners may be freed from
+responsibility for new debts, if the dissolution be by sale of interest
+(and this is a very common way), notice of the dissolution must be given
+to the world, and special notice of the fact must be given to those from
+whom the firm has been in the habit of buying.
+
+Limited Partnership.--In most states, what is called a limited partnership
+may be formed, whereby the responsibility of some of the partners may be
+limited to their investment in the business. By this arrangement the
+private property of the special partners (as they are called) cannot be
+taken for debts of the firm.
+
+In such a case, however, it is but just, and the law therefore demands,
+that notice of the fact of limited responsibility be given and that no
+appearance of responsibility be assumed. To this end it is required: (a)
+that the articles of copartnership be in writing, and that they be
+published and recorded; (b) that the amount contributed by the special
+partners be actually paid in; (c) that the names of the special partners
+do not appear in the firm name; (d) that they take no active part in the
+management of the business.
+
+
+_Pertinent Questions._
+
+Why are partnerships formed? May one person invest money while another
+invests skill? Is a person who receives a percentage of his sales by way
+of salary a partner?
+
+Why cannot a partner sell his interest without consulting the other
+members of the firm? Why may the fraudulent act of a partner dissolve the
+firm? Why does the death of a member end the firm--that is, why not let
+his heir succeed to his right in the firm as he succeeds to his real
+estate?
+
+May the _private_ property of a partner be taken to satisfy the debts of
+his firm? May the firm's property be taken to satisfy the debt of one of
+its members? Can men dissolve their debts by dissolving their partnership?
+If one partner continues the business agreeing to pay all indebtedness of
+the firm, is the retiring partner released from obligation in relation to
+the debts? Show the justice of each requirement in case of special
+partners.
+
+
+
+
+CHAPTER XXXIV.
+
+CORPORATIONS.
+
+
+Purpose--Partnership enables a number of persons, as we have seen, to
+accomplish by combining their property and skill what would be
+unattainable by them acting individually.
+
+But the individual responsibility involved in partnership, and the
+difficulty of transferring interest, render necessary some other mode of
+combining capital for carrying on enterprises requiring vast resources,
+and, from their nature, demanding long time and freedom from interruption
+for their accomplishment. For instance, no one would dare to assume
+personal responsibility for the debts of a railroad, nor could such an
+enterprise be managed if every transfer of interest dissolved the company.
+The desired limitation of responsibility and facility of transfer of
+interest are secured by the formation of _corporations_.
+
+Nature.--But responsibility there must be, or the combination could
+transact no business. And responsibility depends upon personality--a
+_thing_ cannot be held responsible. As this personality does not exist
+aside from the persons of those uniting their resources, it must be
+created. The creative power is the legislature. The personality created is
+the corporation. [Footnote: From the Latin _corpus, corporis,_ a body.] A
+corporation is, therefore, an artificial or fictitious person, created
+under general law or by a special act of the legislature, [Footnote: This
+special act defining the powers and duties of the corporation is called
+its _charter_.] and capable of acting within prescribed limits as if it
+were a natural person, but beyond those limits incapable of acting at all.
+
+Management.--The persons who contribute to the capital of the corporation,
+or company, receive certificates of stock, that is, pieces of paper
+certifying that said persons own so many shares in the company. The
+capital, be it remembered, is the property of the corporation, not of the
+individuals. The number of these stockholders may be large or small, a
+dozen or a thousand. The general management of corporate business is
+necessarily entrusted to a small number of persons called directors. These
+are elected by the stockholders, each share having one vote. The directors
+select from their own number a president, a secretary, and other necessary
+officers. These persons and the other agents of the corporation carry out
+the policy determined upon by the directors.
+
+Why Limited in Powers.--The question suggests itself, Why can a
+corporation do only certain things? The most obvious answer is, that this
+is consequent upon its mode of creation. Being a creature of the
+legislature, it can have only those powers which are specifically or
+impliedly granted to it. But pushing the matter farther, it may
+pertinently be asked, Why doesn't the legislature endow it with power to
+do anything that may properly be done by a natural person? Two reasons, at
+least, appear. First, from the corporation's standpoint, it is a matter of
+business prudence to have its purpose and powers defined: (a) to enable it
+to secure subscribers to its stock, as no one would like to risk his money
+blindly; and (b) because thus only can the directors be held to
+accountability. Second, from the standpoint of the public, for whom the
+legislature acts, the defining is necessary in order that corporations may
+be controlled and dangerous combinations prevented.
+
+In this connection it may be noted that corporations are granted some
+privileges not possessed by individuals. For instance, private property
+such as land may be taken, even against the wishes of the owner, to permit
+the building of a railroad. This can be done, however, only on the ground
+of public good, and by giving the owner just compensation.
+
+Responsibility.--A corporation, like any other person is responsible for
+any contracts that it makes, within its charter. It necessarily acts
+entirely through agents, hence the law of agency has an important bearing
+upon all contracts with a corporation.
+
+Debts incurred lie against the corporation, not as a rule against the
+stockholders individually. Sometimes stockholders are by the charter made
+liable to limited extent, say to an amount equal to the par value of their
+stock.
+
+Dissolution.--Some companies are incorporated so that they may last
+forever. Others are incorporated for a specified time. The latter expire
+by limitation or by becoming insolvent. A corporation of either kind may
+secure dissolution by voluntarily surrendering its charter. And sometimes
+the legislature reserves in the charter the right to dissolve the company
+under certain conditions.
+
+The affairs of a corporation are usually closed up by a "receiver," who
+collects the bills, disposes of the property, pays the indebtedness as far
+as he can, and distributes the residue among the stockholders.
+
+COMPARISON OF PARTNERSHIP WITH CORPORATION.
+
+POINTS OF         PARTNERSHIP.                  CORPORATION.
+COMPARISON.
+
+1. Status.        A collection of natural       A fictitious person.
+                  persons.
+
+2. Formation.     By agreement.                 By legislative
+                                                enactment.
+
+3. Powers.        Those of natural persons.     Only those conferred
+                                                by law.
+
+4. Debts.         All partners liable for all   Stockholders not
+                  debts.                        usually liable.
+
+5. Transfer of    Dissolves partnership.        New stockholder
+interest by sale                                succeeds to shares of
+or death.                                       the old.
+
+
+_Pertinent Questions._
+
+Who constitute the managing body in a school district? In a town? In a
+village? In a city? In a county? In the state? In the United States?
+[Footnote: The United States: "Its charter, the constitution.... Its flag
+the symbol of its power; its seal, of its authority."--Dole.] In a
+railroad? In a mining company? In a bank? In a church? In a college?
+
+Write a list of all the corporations that you know or have ever heard of,
+grouping them under the heads _public_ and _private._
+
+How could a pastor collect his salary if the church should refuse to pay
+it?
+
+Could a bank buy a piece of ground "on speculation?" To build its
+banking-house on? Could a county lend money if it had a surplus? State the
+general powers of a corporation. Some of the special powers of a bank. Of
+a city.
+
+A portion of a man's farm is taken for a highway, and he is paid damages;
+to whom does said land belong? The road intersects the farm, and crossing
+the road is a brook containing trout, which have been put there and cared
+for by the farmer; may a boy sit on the public bridge and catch trout from
+that brook? If the road should be abandoned or lifted, to whom would the
+use of the land go?
+
+
+
+
+CHAPTER XXXV.
+
+COMMERCIAL PAPER.
+
+
+Kinds and Uses.--If a man wishes to buy some commodity from another but
+has not the money to pay for it, he may secure what he wants by giving his
+written promise to pay at some future time. This written promise, or
+_note_, the seller prefers to an oral promise for several reasons, only
+two of which need be mentioned here: first, because it is _prima facie_
+evidence of the debt; and, second, because it may be more easily
+transferred or handed over to some one else.
+
+If J.M. Johnson, of Saint Paul, owes C.M. Jones, of Chicago, a hundred
+dollars, and Nelson Blake, of Chicago, owes J.M. Johnson a hundred
+dollars, it is plain that the risk, expense, time and trouble of sending
+the money to and from Chicago may be avoided, and the indebtedness wiped
+out by J.M. Johnson ordering Nelson Blake to pay the hundred dollars to
+C.M. Jones. The written order to this effect, called a _draft_, would be
+sent to C.M. Jones, who would present it for payment to Nelson Blake, and
+upon receiving his money would turn _the draft_ over to Blake.
+
+To avoid the risk of being robbed, merchants and some others are in the
+habit of depositing each evening in a bank the receipts of the day, with
+the understanding that the money will be paid out, at any time, to any
+person whom they order it paid to. The order on the bank is called a
+_check_.
+
+It is very easy to see that these three devices are of immense value to
+the commercial world; the first by rendering available future resources,
+and the other two by enabling payments to be made safely.
+
+Definitions.--A _note_ is an unconditional promise in writing, to pay a
+definite sum of money at a certain time to a specified person.
+
+A _draft_ is an order, written by one person and addressed to another,
+directing him to pay a definite sum of money at a certain time to a
+specified third party.
+
+A _check_ is a draft for immediate payment, drawn upon a bank or banker.
+
+In the case of a note, the person who promises to pay is called the
+_maker_ of the note; and the person named to be paid, the _payee_.
+
+In the case of a draft or check, the person ordering the payment is called
+the _drawer_; the person addressed, the _person drawn upon_ or the
+_drawee_; and the person to be paid, the _payee_.
+
+Negotiability.--The payee in any of these cases may wish to transfer the
+paper to some other person. For instance, the holder of the note may wish
+to use the money before it is due, or the payee of a draft may wish to
+realize without going to the drawee. In either case, the desired
+accommodation can be secured only by selling the paper to some one else.
+This ability to be transferred is part of what is meant by the term
+_negotiability_.
+
+But this liability to have to pay another person than the one named,
+cannot be imposed upon the maker or drawer without his consent. This he
+gives by inserting after the name of the payee the words "or order," or
+the words "or bearer." In the latter case, whoever holds the paper when it
+becomes due can collect upon it. In case the former words are used, the
+paper can be transferred only by _indorsement_, of which more anon.
+
+A very important characteristic of negotiability is that it enables a
+person to grant to another rights which he may not himself possess. To
+illustrate: As between the maker and the payee, a note is a contract, and
+is binding only if it has all the requisites of a binding contract.
+Therefore, if there was no consideration, or if the note was obtained by
+fraud or by intimidation, the payee, knowing these facts, has no right to
+collect upon the note, and he could not by law compel payment. But with a
+third party it is different. He sees only the note, and may not--
+presumably does not--know anything else about the contract. To compel him
+before buying the note to learn all the details of its history, might be
+embarrassing to the parties, even where everything is all right, and would
+certainly delay, perhaps materially, the transfer. Therefore, to enable
+people to keep their business to themselves, and to facilitate transfers
+of commercial paper, it has seemed best not to require this investigation.
+The law presumes that when a person makes a transferable note, he has done
+so deliberately; and if loss ensues, it says that he must bear it rather
+than the innocent purchaser of his note.
+
+Conditions of Negotiability.--But this peculiar protection is given, be it
+observed, only to an _innocent purchaser_. If in good faith, in the
+regular course of business, a person comes into possession of commercial
+paper, negotiable in form, not yet mature, and for which he has given a
+reasonable consideration, he can collect on it. On the other hand, if he
+has found the paper or stolen it, or if he has bought it under
+circumstances calculated to raise a suspicion as to right of the seller,
+he should not have, and will not by law receive, this privilege. Thus if a
+man is offered commercial paper of perfectly responsible parties at
+one-third its value, it would be reasonable to suppose that the person
+offering it had found or stolen it, and the buyer would obtain only the
+rights of the person from whom he bought. Or if a note past due is offered
+for sale, the presumption is that it is paid or that it is for some reason
+uncollectable, and the purchaser would buy at his peril. In other words,
+_if there is anything on the face of the paper or in the circumstances of
+the case to warn the purchaser, he buys at his own risk_, and secures only
+such rights as the vendor has.
+
+Transfer.--Negotiable paper with the words "or bearer" is transferable by
+delivery alone. If made payable to some person "or order," it is
+transferable only by his _indorsement_. An "indorsement in full" consists
+of the signature of the payee and his order that the money be paid to a
+specified person. An "indorsement in blank" consists simply of the
+signature of the payee. The effect of the latter mode of indorsing is to
+make the paper payable to bearer.
+
+Responsibility of Maker.--A note being a contract, the maker of one is
+responsible to the payee, as has been said, only if all the requisites of
+a binding contract are present. If the note is negotiable in form, he is
+responsible to the innocent purchaser of it.
+
+Responsibility of Drawee.--The person drawn upon may know nothing of the
+draft. He cannot be made a party to a contract without his knowledge and
+consent. That he may have knowledge of the draft, it must be presented to
+him. If upon seeing it he is willing to assume the responsibility of
+paying it when due, he signifies his willingness by writing across the
+face of the draft the word "accepted," with the date of presentation and
+his name. The draft thereby becomes his unconditional promise, and he
+becomes the principal debtor, occupying the position of a maker of a note.
+
+Responsibility of Indorser.--When a person endorses any commercial paper,
+he not only expresses thereby his consent to the transfer of it, but he
+also enters into a conditional contract with each person who may afterward
+come into possession of the paper, whereby he becomes responsible for its
+payment, if the principal debtor fails to meet his obligation. To fix
+responsibility upon an indorser, payment must be demanded of the principal
+debtor on the very day when the obligation matures, and if payment is not
+made notice of the fact must be sent to the indorser before the end of the
+following day.
+
+Responsibility of Drawer.--Between the drawer and the payee a draft is a
+conditional contract, whereby the former impliedly agrees to pay the draft
+if the person drawn upon does not. His obligation is that of a surety or
+first indorser. To fix responsibility upon the drawer, the holder of the
+draft must promptly present it for acceptance to the person drawn upon;
+then, if it is not accepted, he must immediately notify the drawer.
+
+Forged Paper.--Forgery is the fraudulent making or altering of a written
+instrument. One whose name is forged cannot be made responsible, since the
+act is not his. And since money paid under a mistake must be refunded, a
+person who, deceived by the skill of the forger, should pay the seeming
+obligation, would be entitled to get his money back.
+
+But every person is bound to use reasonable effort to prevent forgery.
+Thus, if a merchant writes out a note all but the amount, and authorizes a
+clerk to put that in at some other time, and the clerk inserts a larger
+sum, any innocent purchaser can compel the merchant to pay the full
+amount. In some states it is held that a person who leaves space in an
+obligation wherein the amount can readily be raised, is bound to stand the
+loss caused by his negligence.
+
+Accommodation Paper.--A man may be perfectly willing to lend a friend some
+money and yet be unable to do so. He may, however, in any one of several
+ways, make it possible for his friend to obtain the money. Thus A, wishing
+to accommodate his friend B, may make a note payable to B's order; or he
+may endorse B's note; or he may make a draft payable to B's order; or he
+may accept B's draft on him. By selling the paper, B secures the money
+desired. The implied contract between A and B is that B will pay the
+obligation.
+
+In none of these cases could B compel A to pay him any money, because the
+contract between them lacks consideration. But A would be responsible to
+an innocent purchaser, because there is nothing on the face of the paper
+to indicate the defect. And he would be responsible even to a purchaser
+who knows the paper to be accommodation, because by signing he binds
+himself to pay if B does not, and his signature is what enables the sale
+to be made.
+
+Certified Checks.--Business men make most of their payments by check. If
+the receiver of a check does not, for any reason, wish the money, he may
+deposit the check in the bank as if it were cash. If he is going away from
+home, or if he wishes to make a payment in some other place, he may save
+the expense of a draft, and make a check equally as acceptable, by getting
+the cashier of the bank to "certify" it, that is to state officially that
+the drawer has the money in the bank. This he does by writing across the
+face of the draft the word "Good," with his signature as cashier. When
+this is done the responsibility rests primarily on the bank. It occupies
+the position of the acceptor of a draft.
+
+
+_Pertinent Questions._
+
+Two of the following are valid notes; which two? The others are not; Why?
+1. March 5, 1890, I promise to pay John Smith one hundred dollars, if he
+is then living.--William Jones. 2. On or before March 5, 1890, I promise
+to pay John Smith one hundred bushels of wheat.--William Jones. 3. On
+March 5, 1890, I promise to pay John Smith whatever is then due him.--
+William Jones. 4. When he comes of age, I promise to pay John Smith one
+hundred dollars.--William Jones. 5. March 5, 1890, I promise to pay one
+hundred dollars.--William Jones. 6. One year after date, I promise to pay
+to John Smith one hundred dollars.--William Jones. 7. Mankato, Minn.,
+December 11, 1888. One year after date I promise to pay John Smith one
+hundred dollars. 8. On the death of his father, I promise to pay John
+Smith one hundred dollars.--William Jones. 9. On March 5, 1890, I, William
+Jones, promise to pay John Smith one hundred dollars.
+
+How many parties may there be to a note? How many, at least, must there
+be? As between them, must there be consideration to make it binding? Must
+the words "for value received" appear on the note? A note being a
+contract, what things are necessary to make it binding? Write two valid
+notes in different forms. Write a negotiable note transferable without
+indorsement. A note transferable by indorsement. Which is safer to carry
+in the pocket? Why? Which imposes the less responsibility if transferred?
+If you were taking a note payable to bearer, would you require the person
+from whom you were getting it to indorse it? A man has some non-negotiable
+notes; if he dies can his heir collect them? A note payable "to order" is
+indorsed in blank; to whom is it payable? May a note payable "to bearer"
+be made payable only "to order?" When does a note cease to be negotiable?
+Under what circumstances may a person have to pay a note which he has
+already paid? What is a "greenback?"
+
+How many persons, at least, must there be to an accepted draft? When does
+the responsibility of the drawer begin? That of the person drawn upon? How
+does the acceptance of a draft affect the responsibility of the drawer? If
+the draft is not accepted, to whom shall the holder look for pay? Are
+drafts negotiable before acceptance?
+
+Compare and contrast a note and a draft. A draft and a check. Is the bank
+under any obligation to the holder of an uncertified check? Does
+certifying a check release the drawer of it? Are checks negotiable?
+
+What responsibility does an indorser assume in case of a note? Of an
+unaccepted draft? Of an accepted draft? Of a check? What does "without
+recourse" mean? To how many persons is the maker of a note responsible?
+The first indorser? The second? How can the first indorser be
+distinguished from the second? To whom is the second indorser not
+responsible?
+
+Who are not responsible to the holder of a negotiable paper unless
+notified? Who are responsible without notice? What principle do you
+discover? When is a demand note due? A check? A time note? A sight draft?
+A time draft?
+
+What should you do, and why, in the following cases:
+
+1. When you pay a note? 2. When you make a partial payment on a note? 3.
+If you should lose a note? 4. If you have a note without indorsees, to
+render the maker responsible? 5. If you hold a note having indorsers, to
+render the indorsers responsible? 6. If you hold an unaccepted draft? 7.
+In case acceptance is refused? 8. If you hold an accepted draft? 9. If the
+acceptor fails to pay when the paper becomes due? 10. If you hold an
+uncertified check, in order to render the drawer responsible? 11. If it is
+indorsed, to make the indorsers responsible? 12. If you have a certified
+check, to make the bank responsible? 13. If you are a third indorser of a
+note, whom can you hold responsible in case the paper is dishonored, and
+how? 14. If you have a bearer note and you wish to transfer it without
+assuming responsibility? 15. How if it is an order note?
+
+
+
+
+APPENDIX A.--FORMS.
+
+
+TOWN BUSINESS.
+
+_I. Organization of a Town._
+
+
+PETITION.
+
+To the board of county commissioners of the county of
+__________,__________ : The undersigned, a majority of the legal voters of
+congressional township number ______ north, of range number ______ west,
+in said county, containing not less than twenty-five legal voters, hereby
+petition your honorable board to be organized as a new town under the
+township organization law, and respectfully ask that you forthwith proceed
+to fix and determine the boundaries of such new town and to name the same
+(giving the proposed name.)
+
+(Dated, and signed by a majority of all the legal voters in the town.)
+
+
+COMMISSIONERS' REPORT.
+
+State of __________, county of __________, ss.
+
+Upon receiving a petition of a majority of all the legal voters of
+congressional township number ______ north, of range number ______ west,
+in said county, asking that the same be organized as a new town under the
+township organization law, to be named __________, we, the county
+commissioners of said county did, on the ______ day of A.D. 18______,
+proceed to fix the boundaries of such new town and name the same
+__________, in accordance with the said petition, and designated
+__________ as the place for holding the first town meeting in such town,
+to be held on __________, 18______. The boundaries of said town of
+__________, as fixed and established by us, are as follows: (Beginning at
+the southeast corner of section ______, town ______ north, of range ______
+west, thence west on the township line ______ to the southwest corner of
+section ______, town and range as aforesaid, thence north, &c., giving the
+boundary lines complete.) Given under our hands this ______ day of
+__________, 18______.
+
+[Auditor's official seal.]
+
+(Signed by the Commissioners.)
+
+Attest: O.J., County Auditor.
+
+
+
+II. Elections.
+
+
+NOTICE OF ANNUAL ELECTION.
+
+Notice is hereby given, that on Tuesday, the ______ day of November,
+18_____, at ___________, in the election district composed of the
+__________, in the county of __________, and state of __________, an
+election will be held for (here name the state, judicial, congressional,
+legislative and county officers to be elected); (if constitutional
+amendments are to be submitted, add:) also the following amendments to the
+constitution of the state will be submitted to the people for their
+approval or rejection, viz.: amendment to section _____, article _____, of
+the constitution (naming each one proposed); (and if any special matters,
+such as removal of county seat, &c., are to be voted on, then specifically
+state them); which election will be opened at nine o'clock in the morning,
+and will continue open until five o'clock in the afternoon of the same
+day, at which time the polls will be closed.
+
+Dated at ________ this _____ day of October, 18____.
+
+C.O.S., Town Clerk (or City or Village Recorder.)
+
+
+REGISTER POLL LIST.
+
+List of qualified electors in the election district composed of the
+__________ of __________, in the county of __________, and state of
+__________, for an election to be held in the said election district, on
+Tuesday, the _____ day of November, 18_____:
+
+Adams, James      | Little, Joseph
+Babcock, George   | Mann, Oscar.
+
+(Write the surnames in alphabetical order, and leave sufficient space
+between the alphabetical letters to insert all additional names.)
+
+Notice is hereby given that the undersigned judges of election of said
+election district, will be present at the __________, in said __________,
+at the times named below, for the purpose of making corrections in the
+foregoing list, viz.: On "Wednesday, October _____, and (here insert the
+days and times of the day they are to meet), from 9 o'clock A.M. till 4
+o'clock P.M. of each day, and also on the morning of election day, from 7
+o'clock A.M. to 9 o'clock A.M."
+
+Given under our hands this _____ day of October, 18_____.
+
+(Signed by all the judges of election.)
+
+
+MINUTES OF TOWN MEETING.
+
+At the annual (special) town meeting held in the town of __________,
+county of __________, state of __________, at _____, on the day of _____,
+18 _____, the meeting was called to order by R.G., town clerk. M.J.H. was
+then chosen to preside as moderator of the meeting.
+
+The moderator, at the opening of the meeting, stated the business to be
+transacted and the order of the same as follows: That the business to be
+transacted would be to elect three supervisors, &c., (stating the officers
+to be elected,) and to do any other business proper to be done at said
+meeting.
+
+That said business would be entertained in the following order: 1st--The
+election by ballot of town officers, the polls to be kept open throughout
+the day. 2d--At one o'clock P.M., election of overseers of highways for
+each road district in the town. 3d--That immediately following the
+election of overseers of highways the general business of the town would
+be taken up and proceeded with until disposed of.
+
+Proclamation of opening the polls was then made by the moderator and the
+polls opened and the election of town officers proceeded.
+
+The hour of one o'clock P.M. having arrived and the general business of
+the town being now in order, the following named persons were elected, by
+ayes and noes, overseers of highways for the ensuing year in the following
+road districts, viz.: (here give the numbers of the road districts and the
+names of the persons elected overseers thereof.)
+
+A.B. was elected poundmaster of said town. On motion, ordered that a
+pound, &c., (give the location, cost, &c., of pound, if ordered.)
+
+The following three places were determined and designated by the voters
+present as the most public places in said town for the posting up of legal
+notices, and suitable posts for such purpose were ordered to be erected or
+maintained by the supervisors at each of such places, viz.: (describe the
+places.)
+
+The supervisors submitted to the electors a report of all the places at
+which guide posts are erected and maintained within the town, and of all
+places at which, in their opinion, they ought to be erected and
+maintained. Thereupon, it was ordered that guide posts be erected and
+maintained at the following places, viz.: (describe the places.)
+
+The town clerk read publicly the report of the board of auditors,
+including a statement of the fiscal concerns of the town and an estimate
+of the sum necessary for the current and incidental expenses of the town
+for the ensuing year.
+
+The supervisors rendered an account in writing, stating the labor assessed
+and performed in the town, the sums received by them for fines and
+commutation, &c.; a statement of the improvements necessary to be made on
+the roads and bridges, and an estimate of the probable expense of making
+such improvements beyond that of the labor to be assessed for this year,
+that the road tax will accomplish; also a statement in writing of all
+expenses and damages in consequence of laying out, altering or
+discontinuing roads.
+
+On motion, it was ordered that the following sums of money be raised by
+tax upon the taxable property in said town for the following purposes for
+the current year: (enter the specific amounts carefully.)
+
+On motion of H.S.H.H., the following by-law was adopted, ayes _____, noes
+_____: "It is hereby ordered and determined that it shall be lawful for
+horses, mules and asses to run at large in the town of __________, in the
+day time, from the first day of April to the 15th day of October, in each
+year, until further ordered."
+
+On motion, it was resolved, &c., (set forth in order each resolution or
+order as it transpires.)
+
+The next annual town meeting was ordered to be held at (naming the place.)
+
+At five o'clock the polls were closed, proclamation thereof being made by
+the moderator. The judges then proceeded to publicly canvass the votes,
+and the persons having the greatest number of votes for the respective
+offices voted for were declared elected.
+
+STATEMENT OF RESULT OF CANVASS. (To be read publicly.)
+
+The following is a statement of the result of the canvass of votes by
+ballot for the election of officers at the annual town meeting in the of
+__________, county of __________, and state of __________, March _____,
+18_____, as publicly canvassed by the judges at said meeting:
+
+H.B. had _____ votes for chairman of supervisors.
+
+J.L. had _____ votes for chairman of supervisors.
+
+H.B. was declared elected chairman of supervisors.
+
+(In this way give a statement of the votes cast for each officer.)
+
+On motion the meeting adjourned without day.
+
+J.H.T., C.O.C., Judges
+
+Attest: R.G., Clerk.
+
+
+OFFICIAL OATH.
+
+State of __________, county of __________, town of __________, ss.
+
+I, J.A., do solemnly swear (or affirm) that I will support the
+constitution of the United States and of the state of __________, and
+faithfully discharge the duties of the office of __________ of the town of
+__________, in the county of __________, and state of __________, to the
+best of my ability. J.A.
+
+Subscribed and sworn to before me this _____ day of __________ A.D.
+18_____
+
+T.S., Justice of the Peace.
+
+
+OFFICIAL BOND.
+
+Know all men by these presents, that we, R.S., as principal, and B.B.S.
+and J.E. as sureties, all of the county of __________, and state of
+__________, are held and firmly bound unto J.D.E., E.C., and E.E., as
+supervisors of the town of __________, in said county, and their
+successors in office, in the sum of (five hundred) dollars, lawful money
+of the United States of America, to be paid to them as such supervisors,
+their successors or assigns; for which payment well and truly to be made,
+we bind ourselves, our heirs, executors and administrators, jointly and
+severally, firmly by these presents. Sealed with our seals dated the _____
+day of __________, 18_____.
+
+The condition of the above obligation is such, that whereas, the above
+bounded R.S. was, on the _____ day of __________, A.D. 18_____, duly
+elected (or appointed) __________ in and for the town of __________, in
+said county, for the term of __________, and is about to enter upon the
+duties of said office; now, therefore, if the said R.S. shall, will and
+does faithfully discharge all his duties as such __________ in and for
+said town, then the above obligation to be void, otherwise to remain in
+full force and virtue.
+
+R.S. [Seal.] B.B.S. [Seal.] J.E. [Seal.]
+
+Sealed and delivered in presence of
+
+J.B. and G.J.
+
+State of __________, County of __________, ss.
+
+On this _____ day of __________, A.D. 18_____, before me, the subscriber,
+a __________ in and for said county, personally appeared __________ to me
+known to be the person described in, and who executed the foregoing
+instrument, and acknowledged that he executed the same as __________ free
+act and deed.
+
+County of __________, ss. B.B.S. and J.E., being duly sworn, say each for
+himself, that he is surety in the within bond; that he is a resident and
+freeholder of the state of __________, and that he is worth the sum of
+(five hundred) dollars over and above his debts and liabilities, and
+exclusive of property exempt from execution.
+
+B.B.S. and J.E.
+
+Subscribed and sworn to before me, this _____ day of __________, 18_____.
+
+W.R.P., Justice of the Peace.
+
+(After folding the instrument the approving officer must indorse on its
+back the following words:) "I hereby approve the within bond and the
+sureties therein contained, this _____ day of __________, 18_____."
+
+(Signed officially by the approving officer.)
+
+
+NOTICE TO CLERK OF DISTRICT COURT OF ELECTION OF JUSTICE OF THE PEACE.
+
+State of __________, county of __________, town of __________, ss.
+
+To H.A.B., (address,) clerk of the district court of the county of
+__________.
+
+You are hereby notified that at the _____ town meeting held in the town of
+__________, in the county of __________, and state of __________, on the
+_____ day of March, A.D. 18_____, P.E.C. was duly elected to the office of
+justice of the peace, for the term of two years. (If elected to fill a
+vacancy, state who was the last incumbent.) Given under my hand, this
+_____ day of March, A.D. 18_____.
+
+A.R., Town Clerk.
+
+
+
+_III. Roads._
+
+
+PETITION.
+
+To the supervisors of the town of __________, in the county of __________,
+and state of __________:
+
+The undersigned, legal voters (who own real estate, or who occupy real
+estate under the homestead or pre-emption laws of the United States, or
+under contract from the state of __________, within one mile), (or who are
+freeholders and residents of the town within two miles) of the road to be
+laid out (or altered, or discontinued), hereby petition you to lay out a
+new road (or alter, or discontinue a road) as follows: Beginning (give the
+point at which it is to commence, its general course and its termination.)
+
+The description of the lands over which the said (new) road passes, and
+the names of the owners thereof which are known, as well as the lands
+whose owners are unknown, are as follows: (Give the owners of the lands
+that are known and describe the lands whose owners are unknown.)
+
+And your petitioners pray that you will proceed to lay out said new road
+and cause the same to be opened (or alter, or discontinue said road)
+according to law. (Dated, and signed by at least six resident legal voters
+owning real estate or occupying United States or school lands within one
+mile, or at least eight resident freeholders within two miles of the
+road.)
+
+
+PROOF OF POSTING.
+
+State of __________, county of __________, town of __________, ss.
+
+D.S. being sworn, says, that on the ______ day of __________, 18______, he
+posted copies of the within petition in three of the most public places of
+said town, to-wit: At (naming the places.) _________________________ D.S.
+
+Subscribed and sworn to before me this ______ day of __________, 18______.
+
+E.W.R., Justice of the Peace.
+
+
+SUPERVISORS' NOTICE OF HEARING.
+
+Notice is hereby given that the supervisors of the town of __________, in
+the county of __________, and state of __________, will meet on the ______
+day of __________ A.D. 18______, at ______ o'clock in the ______noon, at
+__________, in said town, for the purpose of personally examining the
+route named below, proposed for a new (or altering, or discontinuing a)
+road, and for hearing all reasons for or against said proposed laying out
+(or altering, or discontinuance) and deciding upon said application. Said
+proposed new road (or alteration, or discontinuance) as described in the
+petition is as follows: (Here give the description of the route as
+contained in the petition.)
+
+The several tracts of land through which said road will pass (passes) and
+the occupants thereof, as nearly as we can determine the same, are as
+follows: (Give a description of the lands and the names of the occupants,
+and if any have no occupants and the owners are unknown, state that fact.)
+(Dated, and signed officially by the supervisors.)
+
+
+PROOF OF POSTING NOTICE.
+
+State of __________, county of __________, town of __________, ss.
+
+D.S. being sworn, says that on the ______ day of __________, A.D.
+18______, he served the within notice upon each of the occupants of the
+land through which the within described road may pass, by leaving copies
+as follows: To A.B. personally; to C.D. at his usual place of abode with
+E.F., a person of suitable age and discretion, (describing each service.)
+
+That, also, on the ______ day of __________ A.D. 18______, he posted
+copies of the within notice in three public places in said town, to-wit:
+At (naming the places.)
+
+D.S.
+
+Subscribed and sworn to before me this ______ day of __________, 18______.
+
+E.W.R., Justice of the Peace.
+
+
+SUPERVISOR'S ROAD ORDER.
+
+State of __________, county of __________, town of __________, ss.
+
+Whereas, upon the petition of (six) legal voters, owning real estate, or
+occupying real estate under the homestead or pre-emption laws of the
+United States, or under contract from the state of __________, within one
+mile (or eight legal voters, freeholders and residents of the town, within
+two miles), of the road proposed in said petition to be laid out (altered
+or discontinued), copies of said petition having been first duly posted up
+in three of the most public places of said town at least twenty days
+before any action was had in relation thereto, proof of which posting was
+duly shown to us by affidavit; Which said proposed new road (alteration or
+discontinuance) is set forth and described in said petition as follows,
+viz.: Beginning, etc., (set forth the road as given in the petition.)
+
+And whereas, upon receiving said petition we did, within thirty days
+thereafter, make out a notice and fix therein a time and place at which we
+would meet and decide upon such application, to-wit: on the day of _____,
+A.D. 18_____, at __________, causing copies of such notice to be posted in
+three public places in said town, at least ten days previous to such
+meeting; and having met at such time and place as above named in said
+notice, and being satisfied that the applicant had, at least ten days
+previous to said time, caused said notice of time and place of hearing to
+be given to all the occupants of the land through which such highway might
+pass, by serving the same personally or by copy left at the usual place of
+abode of each of said occupants, proof of which was shown by affidavit, we
+proceeded to examine personally such highway and heard any and all reasons
+for or against laying out (altering or discontinuing) the same, and being
+of the opinion that such laying out (or altering, or discontinuing,) was
+necessary and proper and that the public interest would be promoted
+thereby, we granted the prayer of said petitioners and determined to lay
+out (alter or discontinue) said road, the description of which as so laid
+out is as follows, to-wit: Beginning, &c.
+
+It is therefore ordered and determined that a road be and the same is
+hereby laid out (or altered) and established according to the description
+last aforesaid, and it is hereby declared to be a public highway, four
+rods wide, the said description above given being the center of said road.
+
+Given under our hands, this, &c., (dated and signed officially by the
+supervisors.)
+
+
+SURVEYOR'S REPORT.
+
+To the supervisors of the town of __________, county of __________, and
+state of __________:
+
+The undersigned having been employed by you to make a survey of a road in
+said town would report that the following is a correct survey thereof, as
+made by me under your directions, to-wit: (Give an accurate description of
+the road by course and distance) and that below is a correct plot of said
+road according to said survey. (Dated and signed.)
+
+
+RELEASE OF DAMAGES.
+
+State of __________, county of __________, town of __________, ss.:
+
+Whereas, a road was laid out (or altered or discontinued) on the _____ day
+of __________, A.D. 18_____, by the supervisors of the said town of
+__________, on the petition of (six) legal voters, owning real estate, or
+occupying real estate under the homestead or pre-emption laws of the
+United States, or under contract from the state of __________, within one
+mile (or eight legal voters freeholders and residents of the town within
+two miles) of said road; which said road (or alteration, or
+discontinuance) is set forth and described in the supervisors' order, as
+follows, viz.: Beginning (describe the road as in the order laying it out);
+which said road passes through certain lands owned by us as described
+below:
+
+Now, therefore, know all men by these presents, that we, the owners of the
+lands described below, for value received, do hereby * release all claims
+to damages sustained by us by reason of the laying out (or altering, or
+discontinuing) and opening said road through our lands, viz.: (Here give a
+description of the lands and their owners' names.)*
+
+In witness whereof, we have hereunto set our hands and seals this day of
+__________, A.D. 18_____. (Signatures and seals.) Signed, sealed and
+delivered in presence of two witnesses.
+
+
+AGREEMENT AS TO DAMAGES.
+
+(Use form "Release of Damages" to the * then substitute to the next * as
+follows:) do hereby "agree to and with the said supervisors that the
+damages sustained by us by reason of laying out (or altering, or
+discontinuing) said road be ascertained and fixed, and the same are hereby
+ascertained and fixed as follows: (Describe the lands, give the owners'
+names, and the amounts agreed on;" and conclude as in form "Release of
+Damages.")
+
+
+AWARD OF DAMAGES.
+
+State of __________, county of __________, town of __________, ss.:
+
+Whereas, a road was laid out (or altered or discontinued) on the day of
+__________, A.D. 18_____, by the undersigned supervisors of the said town
+of __________, on the petition of (six) legal voters, owning real estate,
+or occupying real estate under the homestead or pre-emption laws of the
+United States, or under contract from the state of __________, within one
+mile (or eight legal voters, freeholders and residents of the town within
+two miles) of said road; which said road (or alteration, or
+discontinuance) is set forth and described in the supervisors' order as
+follows, viz.: Beginning (describe the road as in the order laying it
+out.) And not being able to agree with the owners of the following
+described lands, claiming damages by reason of said highway passing
+through, we have assessed the damages to each of such individual claimants
+with whom we could not agree, and awarded damages to the owners of such
+lands through which such highway passes as are unknown, at what we deemed
+just and right; taking into account and estimating the advantages and
+benefits the road will confer on the claimants and owners, as well as the
+disadvantages. We have assessed and awarded damages as follows:
+
+(Here give a particular description of each tract of land and its owner,
+if known; but if not known, state that fact also.)
+
+And in case of the following lands and claimants for damages, we estimate
+that the advantages and benefits said road will confer on them are equal
+to all damages sustained by them by reason of laying out (or altering, or
+discontinuing) said road, to-wit: (Set forth lands and owners as far as
+known; and describe the unknown lands, stating that the owners are
+unknown.) (Dated, and signed by the supervisors.)
+
+
+APPLICATION FOR JURY.
+
+State of __________, county of __________, town of __________, ss.
+
+To J.P., justice of the peace in and for said county:
+
+I, J.A.B., of said town, feeling myself aggrieved by the determination
+(award of damages) made by the supervisors of said town (county
+commissioners of said county) by their order bearing date the _____ day of
+__________, A.D. 18_____, in laying out (altering or discontinuing) (or
+refusing to lay out, alter or discontinue) a highway in said town
+(county), do hereby appeal to you for a jury to be summoned by you to hear
+and determine such appeal.
+
+The highway (alteration or discontinuance) in question is described in
+said order, filed in the town clerk's (county auditor's) office of said
+town (county) ________, A.D. 18_____, as follows: (describe the road, as
+in the order on file), which said road passes through lands owned by me,
+viz.: (describing them.)
+
+The grounds upon which this appeal is brought, are: (to recover $80
+damages to my said land by reason of such laying out, instead of $40 as
+awarded in said order) (or, in relation to the laying out, or altering, or
+discontinuing said highway;) (or their refusal to lay out, or alter, or
+discontinue said highway;) (or said appeal is brought to reverse entirely
+the decision of the said supervisors or commissioners;) (or is brought to
+reverse that part of their order [specifying which part,] &c.) (Dated and
+signed by the appellant.)
+
+
+
+JUSTICE COURT.
+
+
+_I. Civil Suit._
+
+
+SUMMONS.
+
+State of _____, }ss.
+ County of ____ }
+
+[Footnote: This brace of lines, giving the state and county as
+introductory to a process, certificate, affidavit or other paper, is
+called a "venue," and should be inserted wherever the word _(Venue)_ is
+expressed in forms given hereafter.]
+
+The state of _______ to the sheriff or any constable of said county:
+
+You are hereby commanded to summon A.M., if he shall be found in your
+county, to be and appear before the undersigned, one of the justices of
+the peace in and for said county, on the ___ day of _____ 18_____, at ___
+o'clock in the ____noon, at my office in the ____, in said county, to
+answer to J.T. in a civil action; and have you then and there this writ.
+
+Given under my hand this ___ day of ___, A.D. 18_____.
+
+W.D.D., Justice of the Peace.
+
+
+CONSTABLE'S RETURN.
+
+_(Venue as in Summons.)_
+
+I hereby certify that I personally served the within summons upon the
+within named defendant, by reading the same to him, in said county, on the
+__ day of _________, 18_____.
+
+Fees--Mileage, 8 miles, - - .80
+Service,  - - - - - - - - - .15
+                             --
+                            .95
+
+G.M.G., Constable.
+
+
+COMPLAINT.
+
+State of ______} ss.                  In Justice Court,
+ County of ____}            Before W.D.D., Justice of the Peace.
+                    J.T., plaintiff,
+                         against
+                    A.M., defendant.
+
+[Footnote: All the affidavits, pleadings, and other papers filed by
+parties in an action should be "entitled," that is to say, should begin
+with a caption similar to the above, giving the state and county, name of
+justice, and the names of the parties, plaintiff and defendant, to the
+action. This caption (_title of cause_) is to be inserted in every form
+given hereafter, wherever it is so expressed.]
+
+The complaint of the plaintiff shows to this court that at ___, in the
+state of ___, on the _____ day of ____, 18___, the defendant made his
+promissory note in writing, dated on that day, and thereby promised to pay
+to the plaintiff (one year after date) the sum of (eighty) dollars, for
+value received, with interest thereon from the said date at the rate of
+(ten) per cent, per annum until fully paid, and delivered the same to the
+plaintiff.
+
+That the plaintiff is now the holder and owner of said note; that the same
+has not been paid, nor any part thereof; but the defendant is now justly
+indebted to the plaintiff thereon in the sum of (eighty) dollars, with
+interest as aforesaid.
+
+Wherefore, the plaintiff demands judgment against the defendant for the
+sum of (eighty-nine) dollars and (sixty) cents, with costs of suit.
+
+J.T. (_Venue._)
+
+J.T., the plaintiff (or defendant) in this action, being duly sworn, says
+that the foregoing complaint (or answer, or reply,) is true, to his own
+knowledge, except as to those matters stated on his information and
+belief, and as to those matters, that he believes it to be true.
+
+J.T. (_Jurat._)
+
+
+ANSWER.
+
+(_Title of cause._)
+
+The answer of the defendant to the complaint herein, shows to this court:
+
+1. That he admits the making and delivering of the note therein stated,
+but denies each and every other allegation therein contained.
+
+2. And for a further defense this defendant shows that on the _____ day of
+_________, 18_____, he bought (a horse) of the plaintiff for the sum of
+(one hundred and thirty) dollars, and paid him (fifty) dollars in money,
+and the note of (eighty) dollars described in the complaint; which
+(horse), by the contract of sale, the plaintiff warranted to the defendant
+to be sound; and the defendant further states that the said (horse) was
+unsound at the time, whereby the defendant sustained damage in the sum of
+(one hundred) dollars.
+
+Wherefore he asks that said amount of damage be set off against the amount
+of said note, and demands judgment for the balance of (twenty) dollars,
+besides costs of suit.
+
+A.M. (_Verified._)
+
+
+REPLY.
+
+(_Title of cause._)
+
+The reply of the plaintiff to the facts set forth in the answer of the
+defendant, denies each and every allegation therein contained.
+
+J.T. (_Verified._)
+
+
+ADJOURNMENT.
+
+(_Title of cause._)
+
+(_Venue._) A.M., being duly sworn, says, that he is the defendant in this
+action; that J.C.S., who resides in the town of _________, in said county,
+is a material witness for this defendant, without whose testimony he
+cannot safely proceed to the trial of this action; that the said J.C.S.,
+if examined as a witness on the trial, will testify that he was present at
+the time the horse mentioned in the answer was purchased, and heard the
+plaintiff say to the defendant, "the horse is sound, and I warrant him
+so;" that he heard this defendant reply, "well, I shall rely entirely upon
+your warranty;" and that thereupon defendant gave his note for the balance
+of the purchase money of the horse.
+
+That on the _____ day of _________, 18_____, he procured a subpoena for
+the said J.C.S., and went with the same to his residence to serve the
+same, when he there learned for the first time that said J.C.S. had
+unexpectedly left home the day before and had gone to _________, in the
+state of _________, to be absent (three) weeks. That he knows of no other
+person by whom he can prove these facts; and that he expects to be able to
+procure the attendance of said J.C.S. as a witness on the trial, if this
+cause is adjourned for (thirty) days.
+
+A.M.
+
+(_Jurat_.)
+
+
+SUBPOENA.
+
+  State of ____, } ss.
+    County of ___}
+
+The State of _________ to J.K., J.L. and G.G.:
+
+You are hereby required to appear before the undersigned, one of the
+justices of the peace in and for said county, at my office in the town of
+_________, on the _____ day of _________, 18_____, at _____ o'clock in the
+_________ noon of said day, to give evidence in a certain cause then and
+there to be tried between J.T., plaintiff, and A.M., defendant, on the
+part of the plaintiff (or defendant.)
+
+Given under my hand this _____ day of _________, 18_____.
+
+W.D.D., Justice of the Peace.
+
+
+ATTACHMENT AGAINST WITNESS.
+
+(_Venue_.)
+
+The State of _________ to the sheriff or any constable of said county:
+
+You are hereby commanded to attach the body of S.K.B., if he shall be
+found in your county, and bring him forthwith before the undersigned, one
+of the justices of the peace in and for said county, at my office in the
+town of _________, in said county, to give evidence in a certain cause now
+pending before me, between J.T., plaintiff, and A.M., defendant, on the
+part of the defendant (or plaintiff); and also to answer all such matters
+as shall be objected against him, for that the said S.K.B., having been
+duly subpoenaed to attend at the trial of said action, had refused (or
+failed without just cause) to attend, in conformity to said subpoena; and
+have you then and there this writ.
+
+Given under my hand, etc. W.B.D., Justice of the Peace.
+
+
+CONSTABLE'S JURY LIST.
+
+(_Title of cause_.)
+
+List of names of (twenty-four) inhabitants of the county of _________,
+qualified to serve as jurors in the district court of said county, made by
+me as directed by said justice of the peace, from which to impanel a jury
+in the above entitled cause.
+
+G.W., Constable.
+
+Dated, etc.
+
+John J. Cooke, X
+
+Allan K. Ware,
+
+X Jared S. Benson,
+
+Walter G. Brown,
+
+George W. Jones,
+
+Elias Bedall,
+
+Erick Peterson,
+
+Patrick Kelly, X
+
+X Thomas O. Jones,
+
+Julius Graetz,
+
+John Shannon, X
+
+X David F. Lamb,
+
+Wm. W. Wertsel,
+
+X Daniel G Pratt,
+
+Horace S Roberts, X
+
+J.W. Everstine,
+
+Aaron M Ozmun,
+
+X Ole T. Ruhd,
+
+Lars Anderson,
+
+Conrad Schacht,
+
+O.P. Whitcomb,
+
+X J.Q. Leonard,
+
+Zera Fairman, X
+
+Russell Blakely. X
+
+** Names struck off by plaintiff checked on the right; by defendant
+checked on the left.
+
+W.D.D., Justice of the Peace.
+
+
+VENIRE.
+
+State of __________,}
+ County of _________}ss.
+
+The State of __________ to the sheriff or any constable of said county:
+
+You are hereby commanded to summon (here insert the names in full), to be
+and appear before the undersigned, one of the justices of the peace in and
+for said county, on the ______ day of __________, 18______, at ______
+o'clock in the ______noon of said day, in the (town) of __________, in
+said county, to make a jury for the trial of a civil action between J.T.,
+plaintiff, and A.M., defendant, and have you then and there this writ.
+
+Given under my hand this ______ day of __________, A.D. 18______.
+
+W.D.D., Justice of the Peace.
+
+
+RETURN.
+
+(_Venue_.)
+
+I hereby certify that, by virtue of the within writ, I have personally
+summoned as jurors the several persons named therein, viz. (give the list
+served; and if any are not served, add): and that the following named
+persons could not be found (giving their names.)
+
+Dated this ______ day of __________, 18______. G.W., Constable. Fees,
+etc.
+
+
+WARRANT FOR JUROR.
+
+State of __________,}
+ County of _________}ss.
+
+The State of __________ to the sheriff or any constable of said county:
+
+Whereas, on the ______ day of __________, A. D. 18______, a venire was
+duly issued by the undersigned, one of the justices of the peace of the
+said county, in the case of J.T. _vs_ A. M., then pending before me as
+such justice; and, whereas, one E.F. was duly named as juror therein, and
+said venire was duly served upon said E.F. by G.H., a constable of said
+county; and, whereas, the said E.F. failed to appear as such juror, or to
+render any reasonable excuse for his default, as appears from the return
+of said constable, and from my docket; now, therefore, you are hereby
+commanded forthwith to apprehend the said E.F. and bring him before me to
+show cause why he should not be fined for contempt in not obeying said
+writ, and to be further dealt with according to law.
+
+Given under my hand, etc.
+
+W.D.D., Justice of the Peace.
+
+
+DOCKET.
+
+(_With oral pleadings, jury trial, execution, etc._)
+
+State of _________,}
+ County of _______,}ss.
+
+In Justice Court.
+
+Before W.D.D., Justice of the Peace.
+
+
+J.T., Plaintiff,
+
+_against_
+
+A.M., Defendant.
+
+
+PLAINTIFF'S COSTS.
+
+_Justice's Fees_.
+
+Summons...............$  25
+Complaint.............   15
+Answer................   15
+Reply.................   15
+Adjournment...........   15
+Oath, 2d adjt.........   15
+2d adjournment........   15
+Filing two papers.....   10
+3d adjournment........   15
+Swearing jury.........   25
+Oath, nine witnesses.. 1 35
+Oath, officer.........   15
+Judgment..............   25
+Taxing costs..........   15
+
+                      $3 55
+
+_Constable's Fees_.
+
+On summons............$1 10
+Jury list.............   15
+Summoning jury........ 1 00
+1 day's att. court.... 1 00
+Attending jury........   50
+
+                      $3 75
+
+_Plaintiff's Witnesses_.
+W.A.,att. and mil.....$1 48
+L.D.,   "     "  ..... 1 24
+Z.S.,   "     "  ..... 1 12
+J.B.,   "     "  ..... 1 36
+
+                      $5 20
+
+                     $12 50
+
+August l, 1887.--Summons issued, returnable August 9,1887, at 1 o'clock
+P.M.
+
+August 5.--Summons returned by Constable S. (Here give the return of the
+officer.)
+
+August 9, 1 P.M.--Parties appeared and joined issue. Plaintiff complained
+orally upon a promissory note, and delivered the same to the court, and
+stated that there was due him $80 and interest thereon, which he claimed
+to recover Of defendant; verified the same. Defendant answered orally,
+alleging that said note was given for a horse, which horse was warranted
+to be sound, whereas, in fact, it was unsound, claiming $100 damages
+thereby; verified. Plaintiff replied orally, denying the warranty;
+verified. Plaintiff then applied for an adjournment, and the suit was
+adjourned to August 16, 1887, at 1 P.M., at my office.
+
+August 16, 1 P.M.--Parties appeared, and defendant applied for an
+adjournment of thirty days, to obtain material witness, and having shown
+cause therefor, upon oath, the suit was adjourned to September 16, 1887,
+at 1 P.M., at my office.
+
+September 16, 1887, 1 P.M.--Parties appeared, and defendant demanded a
+jury of twelve persons, paying their fees. Venire issued and delivered to
+Constable G.W. Cause adjourned to September 17, 1887, at 1 P.M., at my
+office, to give time to summon the jury, and for them to appear.
+
+September 17, 1 P.M.--Parties appear. Two of the jurors not appearing,
+G.D. and E.F. were summoned as talesmen. The following jurors were sworn:
+(Give the list.) The following witnesses were sworn for the plaintiff:
+(Note in order in the docket all exceptions taken to any testimony.) The
+following witnesses were sworn for the defendant, etc. The following
+witnesses were sworn in rebuttal, etc. (All exceptions to rulings of the
+court are to be noted in the docket in order whenever they occur.)
+
+September 17, 5 P.M.--After hearing the testimony, the jury retire, under
+charge of Constable G.W., sworn for that purpose.
+
+6 P.M.--Jury returned into court, and say that they find for the plaintiff
+for the sum of $86.00.
+
+Judgment rendered thereupon against the defendant for $86.00 and costs of
+suit, taxed at $12.50, on this 17th day of September, 1887.
+
+W.D.D., Justice of the Peace.
+
+September 29, 1887.--Execution issued for $86.00, and interest from
+September 17, and for $12.50 costs, and delivered to Constable G.W. to
+collect.
+
+W.D.D., Justice of the Peace.
+
+October 11.--Execution returned satisfied.
+
+W.D.D., Justice of the Peace.
+
+October 15,1887.--Received the above judgment and costs in full.
+
+J.T., Plaintiff.
+
+
+OATH TO JURORS.
+
+"You do solemnly swear that you will well and truly try the matters in
+difference between the parties in this cause, and a true verdict give,
+according to the evidence given you in court and the laws of this state.
+So help you God."
+
+
+OATH TO WITNESS.
+
+"You do solemnly swear that the evidence you shall give relative to the
+cause now under consideration shall be the whole truth, and nothing but
+the truth. So help you God."
+
+
+OATH TO OFFICER.
+
+"You do solemnly swear that you will keep this jury together in some
+suitable place, without food or drink, unless ordered by the court; that
+you will suffer no person to speak to them upon the matters submitted to
+their charge until they are agreed, nor will you speak to them yourself
+about the cause, except to ask them whether they are agreed; that you will
+permit no person to listen to, or overhear, any conversation or discussion
+they may have while deliberating on their verdict; that you will not
+disclose their verdict nor any conversation they may have respecting the
+cause, until they have delivered their verdict in court, or been
+discharged by order of the court. So help you God."
+
+
+EXECUTION.
+
+State of __________,}
+ County of _________}ss.
+
+The state of _________ to the sheriff or any constable of said county:
+
+Whereas, judgment against A.M. for the sum of (eighty-six) dollars, lawful
+money of the United States, and for (twelve) dollars and (fifty) cents,
+costs of suit, was recovered the _____ day of _________, 18_____, before
+me, at the suit of J.T.; these are therefore to command you to levy
+distress on the goods and chattels of the said A.M. (excepting as the law
+exempts), and make sale thereof according to law, in such case made and
+provided, to the amount of the said sum, together with twenty-five cents
+for this execution, and the same return to me within thirty days, to be
+rendered to the said J.T. for his said judgment and costs. Hereof fail
+not, under penalty of the law.
+
+W.D.D., Justice of the Peace
+
+
+ENDORSEMENTS ON EXECUTION.
+
+
+IN JUSTICE COURT
+
+COUNTY OF.........................................
+
+J.T., plaintiff
+
+_against_
+
+A.M., defendant
+
+EXECUTION.
+
+Collect Judgment........$86 00
+Costs................... 12 00
+                        ______
+                        $98 50
+
+Interest thereon at seven per cent, from Sept. 17, 1887, and your fees.
+
+W.D.D., Justice of the Peace
+
+Received the within execution Sept. 29, 1887.
+
+G.W., Constable.
+
+(See constable's return.)
+
+
+RETURN OF EXECUTION.
+
+(_Venue_.)
+
+By virtue of the within execution, on this first day of October, 1887, I
+have levied on one bay horse about seven years old, one single harness,
+and one single buggy, the property of the said A.M.
+
+G.W., Constable.
+
+
+CONSTABLE'S SALE.
+
+(_Venue_.)
+
+By virtue of an execution issued by E.M., justice of the peace, against
+the goods and chattels of A.M., I have seized and taken the following
+described property, to-wit: (describing it), which I shall expose for sale
+at public vendue to the highest bidder, on Tuesday, the eleventh day of
+October, 1887, at ten o'clock A.M. (in front of the postoffice), at _____,
+in said county.
+
+G. W., Constable.
+
+Dated Oct. 1, 1887.
+
+
+FINAL RETURN.
+
+(_Venue_.)
+
+I hereby certify that, by virtue of the within execution, on the first day
+of October, 1887, I levied on the goods and chattels in the annexed
+inventory named, the property of said A.M., and on the first day of
+October, 1887, I advertised the said property for sale by posting up in
+three public places in the election district where it was to be sold,
+to-wit, in the town of _________, three notices describing said property,
+and giving notice of the time and place, when and where the same would be
+exposed for sale; that at the time so appointed (naming it), I attended at
+the place mentioned in said notice (naming the place), and then and there
+exposed the said goods and chattels to sale at public vendue to the
+highest bidder; and sold the said horse to John Smith, for $76; the
+harness to Edward White, for $13.50; and the buggy to Samuel Jones, for
+$23.40, they being the highest bidders therefor; that I have retained
+$4.16, my fees and disbursements, from said amount, and have applied
+$86.40 in payment of the within execution, Which is hereby returned fully
+satisfied.
+
+G. W., Constable.
+
+(Dated and signed.)
+
+
+
+_II. Criminal Prosecutions._
+
+
+OATH TO COMPLAINANT.
+
+"You do solemnly swear that you will true answers make to such questions
+as shall be put to you touching this complaint against R.F. So help you
+God."
+
+
+CRIMINAL COMPLAINT.
+
+State of _________,}
+ County of _______,}ss.
+
+The complaint of J.D., of said county, made before A.J.S., Esq., one of
+the justices of the peace in and for said county, who, being duly sworn,
+on his oath says, that on the _____ day of _________, 18_____, at the
+_____ of _________, in said county, one R.F. did * threaten to beat (or
+wound, or maim, or as the case may be) him, the said J.D., and to do him
+great bodily harm; (or to burn his dwelling-house; or as the case may be);
+and that he has great cause for fear the said R.F. will beat, etc., (as
+above.) The said J.D., therefore, prays surety of the peace to be granted
+him against the said R.F., and this he does, not from any private malice
+or ill-will towards the said R.F., but simply because he is afraid, and
+has good cause to fear, that the said R.F. will beat, etc., (as above),
+against the form of the statute in such case made and provided, and
+against the peace and dignity of the state of Minnesota, * and prays that
+the said R.F. may be arrested and dealt with according to law.
+
+J.D.
+
+(_Jurat_.)
+
+A.J.S., Justice of the Peace.
+
+
+WARRANT.
+
+State of _________,}
+ County of _______,}ss.
+
+The State of _________ to the sheriff or any constable of said county:
+
+Whereas, J.D. has this day complained in writing to me, on oath, that
+R.F., on the _____ day of _________, 18_____, at _________ in said county,
+did (insert the statement of the offense, as in the complaint); and prayed
+that the said R.F. might be arrested and dealt with according to law; Now,
+therefore, you are commanded forthwith to apprehend the said R.F., and
+bring him before me, to be dealt with according to law; and you are also
+commanded to summon A.B., C.D., and E.F., material witnesses in said
+complaint, to appear and testify concerning the same.
+
+Given under my hand this day of, A.D. 18_____.
+
+A.J.S., Justice of the Peace.
+
+
+RETURN ON WARRANT.
+
+(_Venue_.)
+
+I hereby certify that by virtue of the within warrant I have arrested the
+within named defendant, and have him now before the court in custody.
+
+(Fees, etc.)
+
+(Dated.)
+
+J.N., Constable.
+
+
+RECOGNIZANCE.
+
+State of _________,}
+ County of _______,}ss.
+
+We, R.F., as principal, and J.B. and L.O., as sureties, of _________, in
+said county, acknowledge ourselves to owe and be indebted unto the state
+of Minnesota in the sum of (two hundred) dollars, to be levied of our
+several goods and chattels, lands and tenements, to the use of said state,
+if default be made in the condition following, to-wit:
+
+The condition of this recognizance is such, that if the above bounden R.F.
+shall and does keep the peace, and be of good behavior, for the period of
+(three months) from the date hereof, towards all the people of this state,
+and particularly towards J.D., then this recognizance to be void;
+otherwise of force.
+
+R.F.
+
+J.B.
+
+L.O.
+
+Taken and acknowledged before me, etc.
+
+A.J.S., Justice of the Peace.
+
+
+COMMITMENT.
+
+State of _________,}
+ County of _______,}ss.
+
+The State of _________ to the sheriff or any constable, and to the keeper
+of the common jail of said county:
+
+Whereas, B.F. was, on the _____ day of _________, 18_____, brought before
+the undersigned, one of the justices of the peace in and for said county,
+charged, on the oath of J.D., with having, on the _____ day of _________,
+18_____, at _____, in the said county (here state the offense as charged
+in the warrant), and upon examination of the said charge, it appearing to
+me that there is just cause to fear that such offense will be committed by
+the said R.F., he was ordered to enter into a recognizance, with
+sufficient sureties in the sum of ($200), to keep the peace toward all the
+people of this state, and especially toward the said J.D., for the term of
+(three) months; and the said R.F. having refused (or failed, or
+neglected,) to comply with such order: Now, therefore, you, the said
+constable, are commanded forthwith to convey and deliver into the custody
+of the said keeper the body of the said R.F., and you, the said keeper,
+are hereby commanded to receive the said R.F. into your custody in the
+said jail, and him there safely kept for the term of (three) months from
+the date hereof, or until he so recognizes as aforesaid, or until he shall
+thence be discharged by due course of law.
+
+Given under my hand this _____ day of _________, A.D. 18_____.
+
+J.P., Justice of the Peace.
+
+
+JAILER'S RECEIPT.
+
+(_Venue_.)
+
+I hereby certify that I have received into my custody the within named
+R.F., and have lodged him in the common jail of said county, as within
+commanded.
+
+Dated, etc.
+
+L.S.P., Sheriff, by G.S., Deputy.
+
+
+CONSTABLE'S RETURN.
+
+(_Venue_.)
+
+I hereby certify that by virtue of the within warrant I have delivered the
+within named R.F. to the keeper of the common jail of the said county, as
+appears by his receipt indorsed hereon.
+
+Dated, etc. T.R., Constable.
+
+Fees, etc.
+
+
+
+_III. Miscellaneous._
+
+
+COMPLAINT FOR SEARCH WARRANT.
+
+(Follow form "Criminal Complaint" to the *, then say): Divers goods and
+chattels, viz.: (describing them particularly, and their value,) were
+feloniously stolen, taken and carried away; and that the said C.W. has
+good reason to believe, and does believe, that the said goods and chattels
+are concealed in the (dwelling-house) of one J.S., situated in the (town)
+of _________, in said county (particularly describing the place), and that
+the grounds of his said belief are as follows: (here state the facts and
+circumstances on which his belief is founded.) He, therefore, prays that a
+warrant may issue to make search for said goods and chattels in said
+(dwelling-house) of the said J.S., according to the statute in such case
+made and provided.
+
+C.W.
+
+(_Jurat_.)
+
+
+SEARCH WARRANT.
+
+(Use the general form of warrant, except in the concluding sentence say):
+Now, therefore, you are commanded forthwith to enter the (dwelling-house)
+of one J.S., situated, etc., (particularly describing the place), and
+there make search for the above described property (or, as the case may
+be); and if the same, or any part thereof, shall there be found, you are
+hereby commanded to bring the same, together with the person(s) in whose
+possession the same may be found, before me, to be dealt with according to
+law.
+
+Given under my hand, etc.
+
+A.J.S., Justice of the Peace.
+
+
+
+_Probate Court._
+
+
+PETITION FOR ADMISSION OF WILL.
+
+State of _________,}
+ County of _______,}ss.
+
+In Probate Court.
+
+To the Judge of said Court:
+
+The petition of _________ of said _________, respectfully represents that
+_________ late of _________, deceased the _____ day of _________, at
+_____, died testate, as petitioner believe; that the instrument in writing
+herewith presented to this court, is the last will and testament of said
+deceased as petitioner believe; and that _________ the said petitioner
+_________ the identical _________ named and appointed in and by said last
+will and testament as executor thereof; that the heirs at law of said
+deceased are _________.
+
+Your petitioner would further represent, that the goods, chattels and
+personal estate of said deceased amount to about _____ dollars; and that
+the said deceased left debts due and unpaid to the probable amount of
+_____ dollars.
+
+Your petitioner would pray that a day be appointed for hearing the proofs
+of said last will and testament, and that public notice thereof be given
+to all persons interested, as this court shall direct; and that upon the
+proof and allowance of said will, and the approval of the bond of your
+petitioner _________, letters testamentary be to _________ issued thereon,
+and appraisers and commissioners appointed, according to the rules and
+practices of this court.
+
+Dated at _____, this _____ day of _____, A.D. 18_____.
+
+
+State of _________,}
+ County of _______,}ss.
+
+On this day of _____, A.D. 18_____, before me personally appeared the
+above named _____ and made oath that _____ he heard read the above and
+foregoing petition, subscribed by _____ and know the contents thereof, and
+that the same is true of _____ own knowledge, except as to the matters
+which are therein stated to be on _____ information and belief, and as to
+those matters he believe it to be true.
+
+
+ORDER ADMITTING WILL.
+
+State of _________,}
+ County of _______,}ss.
+
+In Probate Court. Term _____, 18_____
+
+In the matter of the estate of _____, deceased.
+
+Pursuant to an order of this court made in the above entitled matter, on
+the _____ day of _____, 18_____, the hearing of the proofs of that certain
+instrument bearing date the _____ day of _____, 18_____, purporting to be
+the last will and testament of _____, deceased, came on this day; and it
+appearing to the satisfaction of the court that the notice directed in the
+order aforesaid to be given, has been given; thereupon _____ and _____,
+the subscribing witnesses to said instrument, were duly sworn and examined
+on behalf of the proponent thereof, their testimony reduced to writing,
+subscribed by them, and filed. And it appearing to the court after a full
+hearing and examination of the testimony in said matter, that said _____
+died on the _____ day of _____, 18_____, testate, in the said county of
+_____, and that he was at the time of his death a resident of said county,
+and left assets therein; that said instrument offered for probate as and
+for the last will and testament of said deceased, was duly executed as his
+last will and testament by said testator according to law; that said
+testator, at the time of executing the same, was of sound mind, of lawful
+age and under no restraint, and that the same is valid and genuine; and no
+adverse appearance or objection being made:
+
+Now, therefore, it is ordered, adjudged, and decreed, that said instrument
+be and hereby is established and allowed as the last will and testament of
+said _____, deceased, and that the same hereby is admitted to probate.
+Ordered, further, that said last will and testament, with a certificate of
+the probate thereof, be recorded.
+
+Judge of Probate.
+
+
+CERTIFICATE OF PROOF OF WILL.
+
+State of _______,}
+ County of ______}
+
+In Probate Court.
+
+In the matter of the estate of _____, deceased:
+
+Be it remembered, that on the day of the date hereof, at a _____ term of
+said probate court, pursuant to notice duly given, the last will and
+testament of _____, late of said county of _____, deceased, bearing date
+the _____ day of_____, 18_____, and being the annexed written instrument,
+was duly proved before the probate court in and for the county of
+aforesaid; and was duly allowed and admitted to probate by said court
+according to law, as and for the last will and testament of said
+_________, deceased, which said last will and testament is recorded and
+the examination taken thereon filed in this office.
+
+In testimony whereof, the judge of the probate court of said county hath
+hereunto set his hand and affixed the seal of the said court, at _____ in
+said county, this _____ day of _________, A.D. 18_____
+
+Judge of Probate.
+
+
+LETTERS TESTAMENTARY.
+
+State of _______,}
+ County of ______}ss
+
+The State of _______, to all to whom these presents shall come or may
+concern, and especially to _______ of the county of _______ and state of
+_______, greeting:
+
+Know ye, that whereas, _______ late of the county of _______ and state of
+_______, lately died testate, and being at the time of his decease a
+_______ of said county, by means whereof the proving and recording his
+last will and testament, and granting administration of all and singular
+the goods, chattels, rights, credits and estate whereof he died possessed,
+and also the auditing, allowing and finally discharging the account
+thereof, is within the jurisdiction of the probate court of said county of
+_______.
+
+And whereas, on the _____ day of _______, A.D. 18_____, at _______ in said
+county, before the Hon. _______, probate judge of said county, the last
+will and testament of the said _______ (a copy whereof is hereunto
+annexed) was proved, allowed and admitted to probate: And, whereas,
+_______, executor named and appointed in and by said last will and
+testament, has given bond, as required by law, for the faithful execution
+of said trust, which said bond has been approved by said judge, and filed
+in the aforesaid probate court; we therefore, reposing full confidence in
+your integrity and ability, have granted and by these presents do grant
+the administration of all and singular the goods, chattels, rights,
+credits and estate of the said deceased, and any way concerning his said
+last will and testament, unto you, the said _______ executor aforesaid:
+Hereby authorizing and empowering you to take and have possession of all
+the real and personal estate of said deceased, and to receive the rents,
+issues and profits thereof, until said estate shall have been settled, or
+until delivered over by order of said court, to the heirs or devisees of
+said deceased; and to demand, collect, recover and receive all and
+singular, the debts, claims, demands, rights, and chooses in action, which
+to the said deceased while living and at the time of his death did belong;
+and requiring you to keep in good tenantable repair, all houses, buildings
+and fences on said real estate, which may and shall be under your control,
+and in accordance with your bond approved and filed as aforesaid, to make
+and return into the probate court of said county of _______ within three
+months, a true and perfect inventory of all the goods, chattels, rights,
+credits and estate of said deceased, which shall come to your possession
+or knowledge, or to the possession of any other person for you; to
+administer, according to law, and to said last will and testament, all the
+goods, chattels, rights, credits and estate of the said deceased, which
+shall at any time come to your possession or to the possession of any
+other person for you, and out of the same to pay and discharge all debts,
+legacies and charges chargeable on the same, or such dividends thereon as
+shall be ordered and decreed by said court; to render a just and true
+account of your administration to said court within one year, and at any
+other time when required by said court, and to perform all orders and
+decrees of said court, by you to be performed in the premises.
+
+In testimony whereof, we have caused the seal of our probate court to be
+hereunto affixed: Witness the Hon. _______, judge of probate, at _______,
+in said county, this _____ day of _______, A.D. 18_____.
+
+ Judge of Probate Court,   County of _______, _______.
+
+
+FORM OF WILL.
+
+I, (name of testator), of (residence), being of sound mind and memory, do
+hereby make, publish, and declare this to be my last will and testament,
+hereby revoking and making void all former wills by me at any time
+heretofore made.
+
+First.--I order and direct my executors, as soon after my death as
+possible, to pay off and discharge all debts and liabilities that may
+exist against me at the time of my decease.
+
+Second.--I give and bequeath unto my wife, (naming her, and specifying
+property bequeathed.)
+
+Third.--I give and bequeath unto my son, (naming him, and specifying
+property bequeathed.)
+
+And so on for each legacy.
+
+Fourth.--I hereby nominate and appoint (naming the person or persons) as
+the executors of this, my last will and testament.
+
+In witness whereof, I have hereunto subscribed my name, this day of
+_______, A.D. _______ Autograph signature of testator.
+
+The above and foregoing instrument was at the date thereof signed, sealed,
+published, and declared, by the said (name of testator), as and for his
+last will and testament, in presence of us, who, at his request, and in
+his presence, and in the presence of each other, have subscribed our names
+as witnesses.
+
+ Name _______,     Residence.   Name _______,     Residence.
+
+
+For citations, pupils should watch the newspapers and make clippings.
+
+
+_District Court_.
+
+HABEAS CORPUS.
+
+State of _______,}
+ County of ______}ss
+
+District Court, Judicial District.
+
+The State of ________ to
+
+You are hereby commanded to have the body of ________, by you imprisoned
+and detained, as it is said, together with the time and cause of such
+imprisonment and detention, by whatsoever name the said ________ shall be
+called or charged, before the Honorable ________, judge of the district
+court, ________ to do and receive what shall then and there be considered
+concerning the said ________. And have you then and there this writ.
+
+Witness the Honorable ________, judge of said district court, at ________
+in said county, this _____ day of ________, A.D. 18_____.
+
+________ Clerk.
+
+
+
+INDICTMENT.
+
+State of _______,}
+ County of ______}ss
+
+District Court, Judicial District.
+
+The State of ________ against ________, accused by the grand jury of the
+county of ________, in the state of ________, by this indictment of the
+crime of ________, committed as follows:
+
+The said ________, on the _____ day of ________, A.D. 18_____, at the city
+of ________, in the county of ________, and state of ________, did,
+without the authority of law, and with malice aforethought, ________,
+contrary to the form of the statute in such case made and provided, and
+against the peace and dignity of the state of ________.
+
+Dated at the city of ________, in the county of ________, and state of
+________, this _____ day of ________, A.D. 18_____.
+
+A.L.H., Foreman of the Grand Jury.
+
+Names of witnesses examined before the grand jury: B.F.H., R.D.H., A.F.B.,
+E.S., H.P.C., L.H.
+
+
+NATURALIZATION PAPERS.
+
+(_First Paper_.)
+
+State of _______,}
+ County of ______}ss
+
+I, ________, do solemnly declare on oath to ________, clerk of the
+district court of the county of ________, and state of ________, that it
+is bona fide my intention to become a citizen of the United States, and to
+renounce forever all allegiance and fidelity to any foreign prince,
+potentate, state or sovereignty whatever, and particularly to the
+sovereign of ________, whereof I was heretofore a citizen or subject.
+
+
+(Signed.)
+
+Subscribed and sworn to before me this _____ day of _______, A.D. 18__.
+
+Clerk of said Court.
+
+
+State of _______,}
+ County of ______}ss
+
+I hereby certify that the foregoing is a true copy of the original
+declaration of _______, this day filed in my office.
+
+In testimony whereof, I have hereunto subscribed my name and affixed the
+seal of the district court aforesaid, at _______, this ____ day of
+_______, A.D. 18__.
+
+Clerk.
+
+
+(Second Paper.)
+
+State of _______,}
+ County of ______}ss
+
+District Court, Judicial District.
+
+Be it remembered, that on this ____ day of _______, 18__, _______ appeared
+in the district court of the _____ judicial district of the State of
+_______, and for the county aforesaid, the said court being a court of
+record, having a common law jurisdiction and a clerk and seal, and applied
+to said court to be admitted to become a citizen of the United States of
+America, pursuant to the several acts of congress of the United States of
+America for that purpose made and provided; and the said applicant having
+thereupon produced to the court such evidence, declaration and
+renunciation, and having taken such oaths as are by the said acts required:
+Thereupon it was ordered by the said court that the said applicant be
+admitted, and he was accordingly admitted by the said court to be a
+citizen of the United States of America.
+
+In testimony whereof, I have hereunto subscribed my name and affixed the
+seal of the court aforesaid, this ____ day of _______, A.D. 18__.
+
+Clerk of said Court.
+
+
+SATISFACTION OF JUDGMENT.
+
+State of _______,}
+ County of ______}ss
+
+District Court, Judicial District.
+
+(_Title of Cause._)
+
+The judgment in the above entitled action, rendered in _______ county,
+_______, on the ____ day of _______, A.D. 18__, and duly docketed in the
+office of the clerk of the district court of said county, on the ____ day
+of _______, A.D. 18__, for $____ in favor of _______ against _______, is
+paid and satisfied in full; and the clerk of said court is hereby
+authorized to discharge said judgment of record.
+
+In testimony whereof, _______ has hereunto set _____ hand and seal this
+____ day of _______, A.D. 18__.
+
+Signed, sealed and delivered in presence of _______
+
+[Seal.] [Seal.] [Seal.]
+
+
+State of _______,}
+ County of ______}ss
+
+On this ____ day of _______, A.D. 18__, before me, the subscriber, a
+_______ in and for said county, personally appeared _______ to me known to
+be the person described in, and who executed the foregoing instrument, and
+acknowledged that he executed the same as _______ free act and deed.
+
+
+
+APPENDIX B.--TABLES.
+
+
+COMPARATIVE LEGISLATIVE TABLE OF THE STATES.
+
++====+================+=============================+================+
+|    |State           |Legislature                  |Senate          |
+|    |                +--------------+--------------+-------+-----+--|
+|    |                |Name          |Houses        |Number |Term/Age|
++====+================+==============+==============+=======+===+====+
+|1   |Alabama         |Leg.          |S. & R.[2]    |33     |4  |27  |
+|2   |Arkansas        |"             |S. & R.       |32     |4  |25  |
+|3   |California      |"             |S. & A.       |40     |4  |21  |
+|4   |Colorado        |"             |S. & R.       |26     |4  |25  |
+|5   |Connecticut     |Gen. A. [d]   |"             |24     |2  |21  |
+|6   |Delaware        |Leg.          |"             |9      |4  |27  |
+|7   |Florida         |"             |S. & A.       |32     |4  |21  |
+|8   |Georgia         |Gen. A.       |S. & R.       |44     |4  |25  |
+|9   |Idaho           |Leg.          |"             |48     |2  |21  |
+|10  |Illinois        |"             |"             |51     |4  |25  |
+|11  |Indiana         |"             |"             |50     |4  |25  |
+|12  |Iowa            |Gen. A.       |"             |50     |4  |25  |
+|13  |Kansas          |Leg.          |"             |40     |4  |21  |
+|14  |Kentucky        |"             |"             |38     |4  |30  |
+|15  |Louisiana       |Gen. A.       |"             |35     |4  |25  |
+|16  |Maine           |Leg.          |"             |31     |2  |25  |
+|17  |Maryland        |Gen. A.       |S. & D.[e]    |26     |4  |25  |
+|18  |Massachusetts   |Gen. Ct. [f]  |S. & R.       |40     |1  |21  |
+|19  |Michigan        |Leg.          |"             |32     |2  |21  |
+|20  |Minnesota       |"             |"             |63     |4  |21  |
+|21  |Mississippi     |"             |"             |40     |4  |25  |
+|22  |Missouri        |Gen. A.       |"             |34     |4  |30  |
+|23  |Montana         |Leg. A.       |"             |16     |4  |24  |
+|24  |Nebraska        |Leg.          |"             |33     |2  |21  |
+|25  |Nevada          |"             |S. & Ass.     |20     |4  |21  |
+|26  |New Hampshire   |Gen. Ct.      |S. & R.       |24     |2  |30  |
+|27  |New Jersey      |Leg.          |S. & Gen. A.  |21     |3  |30  |
+|28  |New York        |"             |S. & Ass.     |50     |2  |21  |
+|29  |North Carolina  |Gen. A.       |S. & R.       |50     |2  |25  |
+|30  |North Dakota    |Leg. A.       |"             |50[3]  |4  |25  |
+|31  |Ohio            |Gen. A.       |"             |37     |2  |30  |
+|32  |Oregon          |Leg. A.       |"             |30     |4  |21  |
+|33  |Pennsylvania    |Gen. A.       |"             |50     |4  |25  |
+|34  |Rhode Island    |"             |"             |36     |1  |21  |
+|35  |South Carolina  |"             |"             |35[h]  |4  |25  |
+|36  |South Dakota    |Leg.          |"             |45[3]  |2  |25  |
+|37  |Tennessee       |Gen. A.       |"             |33     |2  |30  |
+|38  |Texas           |Leg.          |"             |31     |4  |26  |
+|39  |Utah            |"             |"             |18     |4  |25  |
+|40  |Vermont         |Gen. A.       |"             |30     |2  |30  |
+|41  |Virginia        |"             |S. & D.[e]    |40     |4  |21  |
+|42  |Washington      |Leg.          |S. & R.       |35     |4  |21  |
+|43  |West Virginia   |"             |S. & D.       |24     |4  |21  |
+|44  |Wisconsin       |"             |S. & Ass.     |33     |4  |21  |
+|45  |Wyoming         |"             |S. & R.       |16     |4  |25  |
+|46  |Territories     |"             |Leg. C. & R.  |12     |2  |21  |
++====+================+==============+==============+=======+===+====+
+
+COMPARATIVE LEGISLATIVE TABLE OF THE STATES.
+
+[Transcriber's Note: Right-hand page, continuing previous table]
+
++===+===============+===============+======+========================+
+|   |House.         |Meeting.              | Salary                 |
++---+------+----+---+-----+---------+------+------------------------+
+|   |Number|Term|Age|Freq |Duration |Begins| Same for each House,   |
+|   |      |    |   |     |         |      | presiding Officer      |
+|   |      |    |   |     |         |      | usually double.        |
++===+======\====/===/=====+=========+=====/=========================+
+|1  |100    |2 |21 |B.    |50       |Nov. |$4 and 10c. mileage.[1]  |
+|2  |92     |2 |21 |B.    |60       |Jan. |$6 a day.                |
+|3  |80     |2 |21 |B.    |60       |"    |$8 and 10c. mileage,     |
+|   |       |  |   |      |         |     |and $25.                 |
+|4  |49     |2 |25 |B.    |90       |"    |$7 and 15.c mileage.     |
+|5  |249[a] |2 |21 |B.    |.....[b] |"    |$300 and mileage.        |
+|6  |20     |2 |24 |B.    |.....    |"    |$3 and mileage.          |
+|7  |76     |2 |21 |B.    |60       |"    |$6 and 10c. mileage.     |
+|8  |175    |2 |21 |A.    |50[c]    |Oct. |$4 and mileage.          |
+|9  |36     |2 |21 |B.    |60       |Jan. |$5 and 10c. mileage.     |
+|10 |153    |2 |21 |B.    |.....    |"    |$5 and 10c. mileage,     |
+|   |       |  |   |      |         |     |and $50.                 |
+|11 |100    |2 |21 |B.    |60       |"    |$6 and 20c. mileage.     |
+|12 |100    |2 |21 |B.    |.....    |"    |$500 per term and 10c.   |
+|   |       |  |   |      |         |     |mileage.                 |
+|13 |125    |2 |21 |B.    |50       |"    |$3 and 15c. mileage.[1]  |
+|14 |100    |2 |24 |B.    |60[c]    |Dec. |$5 and 15c. mileage.     |
+|15 |98     |4 |21 |B.    |60       |May. |$4 and mileage.          |
+|16 |151    |2 |21 |B.    |.....    |Jan. |$150 a year and 20c.     |
+|   |       |  |   |      |         |     |mileage.                 |
+|17 |91     |2 |21 |B.    |90       |"    |$5 and mileage.[1]       |
+|18 |240    |1 |21 |A.    |.....    |"    |$170 a year and 20c.     |
+|   |       |  |   |      |         |     |mileage.                 |
+|19 |100    |2 |21 |B.    |.....    |"    |$3 and 10c. mileage.[1]  |
+|20 |119    |2 |21 |B.    |90       |"    |$5 and 15c. mileage.     |
+|21 |120    |4 |21 |Q.[j] |.....    |"    |$400 per reg. sess. and  |
+|   |       |  |   |      |         |     |10c. mileage.            |
+|22 |140    |2 |24 |B.    |70       |"    |$5 and mileage, and $30. |
+|23 |55     |2 |21 |B.    |60       |"    |$6 and 20c. mileage.[1]  |
+|24 |100    |2 |21 |B.    |90       |"    |$5 and 10c. mileage.[1]  |
+|25 |40     |2 |21 |B.    |60       |"    |$7 and 40c. mileage.     |
+|26 |321    |2 |21 |B.    |.....    |"    |$200 per term.           |
+|27 |60     |1 |21 |A.    |.....    |"    |$500 a year.[1]          |
+|28 |150    |1 |21 |A.    |.....    |"    |$1500 and 10c.           |
+|   |       |  |   |      |         |     |mileage.[1]              |
+|29 |120    |2 |21 |B.    |60       |"    |$4 and 10c. mileage.[1]  |
+|30 |140[3] |2 |21 |B.    |60       |"    |$5 and 10c. mileage.[1]  |
+|31 |110    |2 |25 |B.    |.....    |"    |$600 and 10c. mileage.   |
+|32 |60     |2 |21 |B.    |40       |"    |$3 and 15c. mileage.[1]  |
+|33 |201    |2 |21 |B.    |.....    |"    |$1500 and 5c. mileage,   |
+|   |       |  |   |      |         |     |and $100.                |
+|34 |72[a]  |1 |21 |A.[g] |.....    |May. |$1 and 8c. mileage.[1]   |
+|35 |123    |2 |22 |A.    |.....    |Jan. |$4 and 10c. mileage.     |
+|36 |135[3] |2 |25 |B.    |.....    |"    |$5 and 10c. mileage.[1]  |
+|37 |99     |2 |21 |B.    |75       |"    |$4 and 16c. mileage.[1]  |
+|38 |106    |2 |21 |B.    |90       |"    |$5 and 20c. mileage.[1]  |
+|39 |45     |2 |25 |B.    |60       |"    |$4 and 10c. mileage.     |
+|40 |240    |2 |21 |B.    |.....    |Oct. |$3 a day.                |
+|41 |100    |2 |21 |B.    |90[c]    |Dec. |$540 a year.             |
+|42 |70     |2 |21 |B.    |60       |Jan. |$5 and 10c. mileage.[1]  |
+|43 |65     |2 |21 |B.    |45[c]    |"    |$4 and 10c. mileage.[1]  |
+|44 |100    |2 |21 |B.    |.....    |"    |$500 and 10c. mileage.[1]|
+|45 |33     |2 |21 |B.    |40       |"    |$5 and 15c. mileage.     |
+|46 |24     |2 |21 |B.    |60       |"[i] |$4 and 20c. mileage.     |
++===+=======+==+===+======+=========+=====+=========================+
+
+[Footnote a: "One from each town."]
+
+[Footnote b: No limitation.]
+
+[Footnote c: May be extended by special vote.]
+
+[Footnote d: General Assembly.]
+
+[Footnote e: House of Delegates.]
+
+[Footnote f: General Court.]
+
+[Footnote g: Two sess. annually, in May and Oct.]
+
+[Footnote h: "One for each county."--State Const.]
+
+[Footnote i: New Mexico in December.]
+
+[Footnote j: Quadrennially in general session, with sp. sess midway
+between.]
+
+[Footnote 1: State constitution.]
+
+[Footnote 2: Senate and house of representatives.]
+
+[Footnote 3: "Not more than."--Constitution.]
+
+
+COMPARATIVE EXECUTIVE TABLE OF THE STATES.
+
+[Transcriber's Note: These pages were modified slightly from their
+original form. The originals were printed lengthwise (landscape-style)
+across both pages to take maximum advantage of space. As this cannot be
+done in an ASCII medium, the table has had line numbers added to it like
+the Legislative Table above (which _was_ done in the original), and will
+be shown in continuing pieces.]
+
++===+===============+=============================================+
+|   |STATES.        |               GOVERNOR.                     |
+|   |               +----------------+------+----------+----------|
+|   |               |Qualifications. |Term. |Salary.   |Election. |
+|   |               |                |years.|          |          |
++===+===============+================+======+==========+==========+
+|1  |Alabama        |30,c,r7[a]      |2     |$3,000    |P[b]      |
+|2  |Arkansas       |30,c,r7         |2     | 3,500    |P         |
+|3  |California     |30,c,r2         |4     | 6,000    |P         |
+|4  |Colorado       |30,c,r2         |2     | 5,000    |P         |
+|5  |Connecticut    |30,voter        |2     | 4,000    |M[d]      |
+|6  |Delaware       |30,C12,c6[4][i] |4[h]  | 2,000[1] |P         |
+|7  |Florida        |C 9,c3          |4     | 3,500    |P         |
+|8  |Georgia        |30,C15,C6       |2     | 3,000[1] |M         |
+|9  |Idaho          |30,c,r2         |2     | 3,000    |P         |
+|10 |Illinois       |30,C5,c5        |4     | 6,000[1] |P         |
+|11 |Indiana        |30,C5,r5        |4[h]  | 5,000    |P         |
+|12 |Iowa           |30,C,r2         |2     | 3,000    |P         |
+|13 |Kansas         |............... |2     | 3,000    |P         |
+|14 |Kentucky       |35,C,r6         |4[h]  | 6,500[1] |P         |
+|15 |Louisiana      |C,r2            |4[h]  | 4,000    |P         |
+|16 |Maine          |30,C,r5[f]      |2     | 2,500    |M[d]      |
+|17 |Maryland       |30,c10,r5       |4     | 4,500[1] |P         |
+|18 |Massachusetts  |37,Christian    |1     | 8,000    |M[d]      |
+|19 |Michigan       |30,C5,r2        |2     | 4,000    |P         |
+|20 |Minnesota      |25,C,r1         |2     | 5,000    |P         |
+|21 |Mississippi    |30,C20,r2       |4     | 4,000[1] |P         |
+|22 |Missouri       |35,C10,r7       |4     | 5,000[1] |P         |
+|23 |Montana        |30,C,r2         |4     | 5,000    |P         |
+|24 |Nebraska       |30,C2,c2        |2     | 2,500    |P         |
+|25 |Nevada         |25,C,r2         |4     | 5,000    |P         |
+|26 |New Hampshire  |30,r7           |2     | 2,000    |M[d]      |
+|27 |New Jersey     |30,C20,r7       |3[h]  |10,000    |P         |
+|28 |New York       |30,C,r5         |2     |10,000[1] |P         |
+|29 |North Carolina |30,C5,r2        |4     | 3,000[1] |P         |
+|30 |North Dakota   |30,C,c,r5       |2     | 3,000    |P         |
+|31 |Ohio           |Voter           |2     | 8,000    |P         |
+|32 |Oregon         |30,C,r3         |4     | 1,500    |P         |
+|33 |Pennsylvania   |30,r7           |4     |10,000[1] |P         |
+|34 |Rhode Island   |Voter,c         |1     | 3,000    |M[d]      |
+|35 |South Carolina |30,C2,c,r2      |2     | 3,500[1] |P         |
+|36 |South Dakota   |30,c,c,r2       |2     | 2,500    |P         |
+|37 |Tennessee      |30,C,c7         |2     | 4,000    |P         |
+|38 |Texas          |30,C,r5         |2     | 4,000[1] |P         |
+|39 |Utah           |30,c,r5         |4     | 2,000    |P         |
+|40 |Vermont        |Voter           |2     | 1,500    |M         |
+|41 |Virginia       |30,c,r3         |4[h]  | 5,000[1] |P         |
+|42 |Washington     |C,c             |4     | 4,000    |P         |
+|43 |West Virginia  |Voter           |4     | 2,700    |P         |
+|44 |Wisconsin      |Voter           |2     | 5,000    |P         |
+|45 |Wyoming        |30,C,r5         |4     | 2,500    |P         |
+|46 |Territories    |Partisan        |4     | 2,600    |A[j]      |
++===+===============+================+======+==========+==========+
+
+COMPARATIVE EXECUTIVE TABLE OF THE STATES.
+
+[Transcriber's Notes: Next set of columns, continuing table.]
+
++===+===========================+==================================+
+|   |    Lieut. Gov.            |Usual Administrative Officers     |
++---+------------+--------------+-----------+----------+-----------+
+|   |Term and    |Succession to |Secretary  |State     |State      |
+|   |Salary      |Governorship  |of state   |Treasurer |Auditor or |
+|   |            |              |           |          |Comptroller|
++===+============+==============+===========+==========+===========+
+|1  |None        |P,S[3]        |2, 1800    |2, 2150   |2, 1800    |
+|2  |None        |P,S           |2, 1800    |2, 2250   |2, 2250    |
+|3  |4, 3000     |L,P           |4, 3000    |4, 3000   |4, 3000    |
+|4  |2, 1000     |L,P,S[e]      |2, 3000    |2, 3000   |2, 2000    |
+|5  |2,  500[2]  |L,P,S         |2, 1500    |2, 1500   |2, 1200    |
+|6  |None        |P,S           |4, 1000[j] |2, 1450   |4,  200    |
+|7  |4,  500     |L,P           |4, 1500    |4, 2000   |4, 1500    |
+|8  |None.       |P             |2, 2000    |2, 2000   |2, 2000    |
+|9  |2, $7.50/day|L,P,S         |2, 1800    |2, 1000   |2, 2000    |
+|10 |4, 1000     |L,P           |4, 3500    |2, 3500   |4, 3500    |
+|11 |4, $8/day[2]|L,P           |2, 2000    |2, 3500   |2, 2500    |
+|12 |2, 1100     |L,P,S         |2, 2200    |2, 2200   |   1500    |
+|13 |2, $6/day   |L,P,S         |2, 2000    |2, 2500   |2, 2500    |
+|14 |4,          |L,P,S         |4, 1500    |2, 2400   |4,  500    |
+|   |$10/day[2]  |              |           |          |           |
+|15 |4, $8/day   |L,P           |4, 1800    |4, 2000   |4, 3000    |
+|16 |None.       |P,S           |2, 1200    |2, 1600   |2, 1000    |
+|17 |None.       |P,S           |4, 2000    |2, 2500   |4, 3000    |
+|18 |1,  200     |L. Council    |1, 3000    |1, 5000   |1, 4000    |
+|19 |2, 1200     |L,P           |2, 2000    |2, 2000   |2, 3000    |
+|20 |2, $10/day  |L,P           |2, 3500    |2, 3500   |2, 3500    |
+|21 |4,  800[2]  |L,P,S         |4, 2500    |4, 2500   |4, 2500    |
+|22 |4, $5/day[2]|L,P,S         |4, 3000    |4, 3000   |.......    |
+|23 |4, $12/day  |L,P,S         |4, 3000    |4, 3000   |4, 3000    |
+|24 |2, $6/day   |L,P,S         |2, 2000    |2, 2500   |2, 2500    |
+|25 |Lib.        |L,P           |4, 3000    |4, 3000   |4, 3000    |
+|   |4, 2700     |              |           |          |           |
+|26 |None.       |P             |2,  800    |2, 1800   |.......    |
+|27 |None.       |P             |5, 6000    |3, 6000   |3, 6000    |
+|28 |3, 5000     |L,P           |2, 5000    |2, 5000   |2, 6000    |
+|29 |4, $8/day   |L,P           |4, 2000    |4, 3000   |4, 1500    |
+|30 |2, 1000     |L,Sec         |2, 2000    |2, 2000   |2, 2000    |
+|31 |2,  800     |L,P           |2, 3000    |2, 3000   |4, 3000    |
+|32 |Sec St.     |L,P           |4, 1500[g] |4,  800   |.......    |
+|   |ex-officio  |              |           |          |           |
+|33 |4, 3000     |L,P           |   4000[j] |2, 5000   |3, 3000    |
+|34 |1,  500     |L,P           |1, 3500    |1, 2500   |1, 1500    |
+|35 |2, 1000     |L,P           |2, 2100    |2, 2100   |2, 2100    |
+|36 |2, $10/day  |L,Sec         |2, 1800    |2, 1800   |2, 1800    |
+|37 |None.       |P,S           |4, 1800    |2, 2750   |2, 2750    |
+|38 |2, $5/day   |L,P           |   2000[j] |2, 2500   |2, 2500    |
+|39 |None.       |Sec,P         |4, 2000    |4, 1000   |4, 1500    |
+|40 |2, $6/day   |L             |2, 1700[j] |2, 1700   |2, 2000[j] |
+|41 |4,  900     |L             |2, 2000    |2, 2000   |2, 3000    |
+|42 |4, 1000     |L             |4, 2500    |4, 2000   |4, 2000    |
+|43 |None        |P,S           |4, 1000    |4, 1400   |4, 2000    |
+|44 |2, 1000     |L,Sec,S       |2, 5000    |2, 5000   |           |
+|45 |None        |Sec           |4, 2000    |4, 2000   |4, 2000    |
+|46 |.......     |.......       |4, 1800    |2, varies |2, varies  |
++===+============+==============+===========+==========+===========+
+
+COMPARATIVE EXECUTIVE TABLE OF THE STATES.
+
+[Transcriber's Notes: Next set of columns, continuing table.]
+
++===+===========================================+
+|   |    Usual Administrative Officers.         |
++---+-----------+----------------+--------------+
+|   |Attorney   |Supt. of Public |Railroad      |
+|   |General    |Instruction     |Commissioners |
++===+===========================================+
+|1  |2, 1500    |   2250[j]      |2, 3000[c]    |
+|2  |2, 1500    |2, 1600         |Gov., Sec.    |
+|3  |4, 3000    |4, 3000         |4, 4000       |
+|4  |2, 2000    |2, 3000         |..........    |
+|5  |2, 1200    |2, 3000         |2, 3000       |
+|6  |4,  200    |4, 1500         |..........    |
+|7  |4, 1500    |4, 1500         |..........    |
+|8  |2, 2000    |2, 2000         |2, 2500       |
+|9  |2, 2000    |2, 1500         |..........    |
+|10 |4, 3500    |4, 3500         |2, 3500       |
+|11 |2, 2500    |2, 2500         |..........    |
+|12 |   1500    |2, 2200         |3, 3000       |
+|13 |2, 2500    |2, 2000         |3, 3000       |
+|14 |4,  500    |4, 2400         |2, 2000       |
+|15 |4, 3000    |4, 2000         |..........    |
+|16 |2, 1000    |3, 1000         |3, 1000       |
+|17 |4, 3000    |2, 2500         |..........    |
+|18 |1, 4000    |1, 3400         |3, 3500       |
+|19 |2, 3000    |2, 2000         |2, $10/day    |
+|20 |2, 3500    |2, 2500[j]      |3, 3000       |
+|21 |4, 2500    |4, 2000         |3, 2500       |
+|22 |.......    |4, 3000         |6, 3000       |
+|23 |4, 3000    |4, 2500         |..........    |
+|24 |2, 2000    |2, 2000         |..........    |
+|25 |4, 3000    |4, 2400         |..........    |
+|26 |5, 2200    |2, 2500         |3, 2500       |
+|27 |5, 7000    |3, 3000         |..........    |
+|28 |2, 5000    |3, 5000         |3, 8000       |
+|29 |4, 2000    |4, 1500         |              |
+|30 |2, 2000    |2, 2000         |2, 2000       |
+|31 |2, 2000    |3, 2000         |2, 2000       |
+|32 |           |4, 1500         |..........    |
+|33 |   3500[j] |4, 2500         |..........    |
+|34 |1, 4500    |   3000[j]      |1,  500       |
+|35 |2, 2100    |2, 2100         |6, 3000       |
+|36 |2, 1000    |2, 1800         |..........    |
+|37 |6, 3000    |2, 1300         |              |
+|38 |2, 2000    |2, 2500         |2, 3000       |
+|39 |4, 1500    |4, 1500         |..........    |
+|40 |.......... |2, 1400         |2,  500[j]    |
+|41 |4, 2500    |4, 2500         |   3000       |
+|42 |4, 2000    |4, 2500         |..........    |
+|43 |4, 1300    |4, 1500         |..........    |
+|44 |2, 3000    |2, 3500         |2, 3000       |
+|45 |.......... |4, 2000         |..........    |
+|46 |.......... |2, varies       |..........    |
++===+===========+================+==============+
+
+[Footnote a: That is, 30 years old, a citizen of the state, and a resident
+thereof 7 years.]
+
+[Footnote b: Plurality or majority to elect.]
+
+[Footnote c: There are three railroad commissioners each in Ala., Cal.,
+Conn., Ga., Ill., Iowa, Kan., Ky., Me., Mass., Minn., Miss., Mo., N.D.,
+N.H., N.Y., S.C; one in other states.]
+
+[Footnote d: In case no one has a majority, election goes to legislature.]
+
+[Footnote e: That is, the order of succession is Lieutenant Governor,
+President of Senate, Speaker of House.]
+
+[Footnote f: Governor must be native citizen of U.S.]
+
+[Footnote g: In Oregon the Secretary of State is also ex-officio
+Lieutenant Governor, Auditor, and one of the Land Commissioners.]
+
+[Footnote h: Ineligible for succeeding term.]
+
+[Footnote i: In Delaware, North Carolina, Ohio, and Rhode Island the
+Governor has no veto.]
+
+[Footnote j: Appointed.]
+
+[Footnote 1: In these thirteen states the Governor also has the use of the
+"Executive Mansion" of the state.]
+
+[Footnote 2: In these states the Lieutenant Governor may debate in
+"committee of the whole."]
+
+[Footnote 3: That is, the order of succession is President of Senate,
+Speaker of House.]
+
+[Footnote 4: Thirty years old; citizen of the United States, 12; and of
+the state, 6 years. In Me., Mass., N.H., and Vt. the Governor is assisted
+by an executive council of 7, 8, 12, and 5 members respectively.]
+
+
+COMPARATIVE JUDICIAL TABLE OF THE STATES.
+
+[Transcriber's Note: This table is formatted in the same way as the
+Executive and Legislative Tables above it. See notes above for details. In
+addition, places where the scanned text is illegible are marked with a
+"*".]
+
++=====+=================+=========================================+
+|     |                 |             Supreme Court               |
+|     |                 +----------+----------+-----------+-------+
+|     |                 |          |Chief     |           |       |
+|     |States.          |Members   |Justice   |Election   |Term   |
++=====+=================+==========+==========+===========+=======+
+|1    |Alabama          |3         |A         |P'ple      |6      |
+|2    |Arkansas         |3         |A         |P          |8      |
+|3    |California       |7         |C         |P          |12     |
+|4    |Colorado         |3         |C         |P          |9      |
+|5    |Connecticut      |5         |A         |Leg.       |8      |
+|6    |Delaware         |5         |A         |Gov.       |Life   |
+|7    |Florida          |3         |A         |Gov.       |Life   |
+|8    |Georgia          |3         |A         |Leg.       |12     |
+|9    |Idaho            |3         |C         |P          |6      |
+|10   |Illinois         |7         |B         |P          |9      |
+|11   |Indiana          |5         |B         |P          |6      |
+|12   |Iowa             |5         |C         |P          |6      |
+|13   |Kansas           |3         |A         |P          |6      |
+|14   |Kentucky         |4         |C         |P          |6      |
+|15   |Louisiana        |5         |A         |Gov.       |12     |
+|16   |Maine            |8         |A         |Gov.       |7      |
+|17   |Maryland         |9         |A         |P          |15     |
+|18   |Massachusetts    |7         |A         |Gov.       |Life   |
+|19   |Michigan         |5         |A         |P          |10     |
+|20   |Minnesota        |5         |A         |P          |6      |
+|21   |Mississippi      |3         |A         |Gov.       |9      |
+|22   |Missouri         |5         |A         |P          |10     |
+|23   |Montana          |3         |A         |P          |6      |
+|24   |Nebraska         |3         |C         |P          |6      |
+|25   |Nevada           |3         |A         |P          |6      |
+|26   |New Hampshire    |7         |A         |Gov.       |till 70|
+|27   |New Jersey       |9         |A         |Gov.       |7      |
+|28   |New York         |7         |A         |P          |14     |
+|29   |North Carolina   |3         |A         |P          |8      |
+|30   |North Dakota     |3         |C         |P          |6      |
+|31   |Ohio             |*         |A         |P          |5      |
+|32   |Oregon           |4         |C         |P          |6      |
+|33   |Pennsylvania     |7         |C         |P          |21     |
+|34   |Rhode Island     |6         |A         |Leg.       |Life   |
+|35   |South Carolina   |3         |A         |Leg.       |6      |
+|36   |South Dakota     |3         |B         |P          |6      |
+|37   |Tennessee        |5         |A         |P          |8      |
+|38   |Texas            |3         |A         |P          |6      |
+|39   |Utah             |3         |C         |P          |6      |
+|40   |Vermont          |*         |*         |Leg.       |2      |
+|41   |Virginia         |*         |B         |Leg.       |12     |
+|42   |Washington       |3         |C         |P          |6      |
+|43   |West Virginia    |4         |A         |P          |12     |
+|44   |Wyoming          |3         |C         |P          |8      |
+|45   |Territories      |3-6       |A         |Pres.      |4      |
++=====+=================+==========+==========+===========+=======+
+
+COMPARATIVE JUDICIAL TABLE OF THE STATES.
+
+[Transcriber's Notes: Next set of columns, continuing table.]
+
++====+=================================+===========================+
+|    |        Supreme Court            |        Circuit Court      |
+|    +----------+---------+------------+---------+----------+------+
+|    |          |         |Qualifi-    |Juris-   |          |      |
+|    |Meetings  |Salary   |cations     |diction  |Election  |Term  |
++====+==========+=========+============+=========+==========+======+
+|1   |1         |$ 3600   |25          |L        |P         |6     |
+|2   |2         |  3000   |30,C,r2,L8  |L        |P         |4     |
+|3   |[3]       |  6000   |..........  |LE       |P         |6     |
+|4   |2         |  5000   |30,C,r2,LL  |LE       |P         |6     |
+|5   |6[1]      |{ 4500   |..........  |LE       |........  |8     |
+|    |          |{ 4000   |            |         |          |      |
+|6   |2         |{ 2500   |..........  |   Held by S.C. Judges.    |
+|    |          |{ 2200   |            |         |          |      |
+|7   |3         |  3000   |..........  |LE       |Gov.      |6     |
+|8   |2         |  3000   |30,c3,L7    |LE       |P         |4     |
+|9   |4         |  3000   |30,C,r2     |LE       |P         |4     |
+|10  |6[1]      |  5000   |30,C,r5     |LE       |P         |4     |
+|11  |2         |  5000   |..........  |LE       |P         |6     |
+|12  |4         |  4000   |..........  |LE       |P         |4     |
+|13  |11        |  3000   |..........  |LE       |P         |4     |
+|14  |2         |  4000   |30,C,r2,L8  |LE       |P         |6     |
+|15  |4         |  5000   |..........  |L        |P         |4     |
+|16  |3         |  3000   |..........  |   By Judges Supreme Ct.   |
+|17  |[3]       |  3500   |30,c5,LL    |LE       |P         |15    |
+|18  |[3]       |  3000   |..........  |L        |Gov.      |Lf.   |
+|19  |4         |  5000   |..........  |LE       |P         |6     |
+|20  |2         |  5000   |..........  |LE       |P         |6     |
+|21  |2         |  3500   |30,c2       |L        |Gov.      |6     |
+|22  |2         |  4500   |30,C,c5,LL  |LE       |P         |6     |
+|23  |3         |  4000   |30,C,r2,LL  |LE       |P         |4     |
+|24  |2         |  2500   |30,C,r3     |LE       |P         |4     |
+|25  |4         |{ 7000   |..........  |LE       |P         |      |
+|    |          |{ 6000   |            |         |          |      |
+|26  |2         |{ 3500   |..........  | Held by Judges of Sup. Ct.|
+|    |          |{ 3300   |            |         |          |      |
+|27  |3         |{10000   |..........  |L        |Leg       |5     |
+|    |          |{ 9000   |            |         |          |      |
+|28  |2         | 12500   |            | Held by Judges of Sup. Ct.|
+|29  |2         |  2500   |            |         |          |      |
+|30  |3         |        |30,C,r3,LL  |LE       |P         |4     |
+|31  |1         |  5000   |            |         |P         |5     |
+|32  |2         |  2000   |            |LE       |P         |6     |
+|33  |3         |{ 8*00   |            |L        |P         |10    |
+|    |          |{        |            |         |          |      |
+|34  |*         |{ **00   |            | Held by Judges of Sup. Ct.|
+|    |          |{ *000   |            |         |          |      |
+|35  |2         |{ 4000   |30,C,r5     |L        |Leg       |4     |
+|    |          |{ 3500   |            |         |          |      |
+|36  |2         |  2500   |30,C,r2,LL  |LE       |P         |4     |
+|37  |3         |  4000   |30,r5       |L        |P         |8     |
+|38  |3         |  3500   |30,C,c,L7   |LE       |P         |4     |
+|39  |3         |  3000   |30,LL,r5    |L        |P         |4     |
+|40  |          |  3000   |            | Held by Judges of Sup. Ct.|
+|41  |3         |{ 3*50   |            |LE       |Leg       |8     |
+|    |          |{ *000   |            |         |          |      |
+|42  |[3]       |  4000   |            |[1]LE    |P         |4     |
+|43  |3         |  2250   |            |LE       |P         |8     |
+|44  |2         |         |30,C,r3,L9  |LE       |P         |6     |
+|45  |          |  3000   |            |LE       |Judges of S.C.   |
++====+==========+=========+============+=========+==========+======+
+
+COMPARATIVE JUDICIAL TABLE OF THE STATES.
+
+[Transcriber's Notes: Next set of columns, continuing table.]
+
++===+=========================+======================+===============+
+|   |     Probate Court       |   Justice Court      | Remarks       |
+|   +---------+---------+-----+--------+-------+-----+---------------+
+|   |Juris-   |Election |Term |Juris-  |Number |Term |(Municipal and |
+|   |diction  |         |     |diction |       |     |Special courts |
+|   |         |         |     |        |       |     |  not given)   |
++===+=========+=========+=====+========+=======+=====+===============+
+|1  |Pr.[2]   |P'ple    |6    |$100    |2      |.... |Chancery.      |
+|2  |Pr.[2]   |P        |2    | 100    |2      |2    |Com. Pleas.    |
+|3  |Pr.[2]L  |P        |4    | 300    |2      |2    |Naturalization |
+|4  |Pr.[2]C  |P        |3    | 300    |...... |2    | in County     |
+|   |         |         |     |        |       |     | Court         |
+|5  |........ |.....    |.... | 100    |...... |.... |Common Pleas,  |
+|   |         |         |     |        |       |     | less than $500|
+|6  | Held by the Chancellor  | 100    |...... |.... |Chancery.      |
+|7  |Pr. & L  |Gov.     |4    | 100    |Gov.   |4    |               |
+|8  |Pr.[2]   |P        |4    | 100    |P      |4    |Superior Ct.   |
+|   |         |         |     |        |       |     | between. C.   |
+|   |         |         |     |        |       |     | and S.C.      |
+|9  |Pr.[2]   |P        |.... | 300    |...... |.... |               |
+|10 |Pr.[2]   |P        |4    | 200    |...... |4    |Appellate      |
+|   |         |         |     |        |       |     | Courts        |
+|11 |    In Circuit Court     | 200    |...... |4    | compos'd of   |
+|   |         |         |     |        |       |     | Circuit Judges|
+|12 |    In Circuit Court     | 100    |...... |.... |By consent of  |
+|   |         |         |     |        |       |     | parties, $300.|
+|13 |Pr.[2]   |P        |2    | 300    |2      |2    |               |
+|14 |Pr.[2]   |P        |4    |  50    |2      |4    |               |
+|15 |Pr. $500 |.....    |.... | 100    |...... |2    |No equity      |
+|   |         |         |     |        |       |     | proceedings in|
+|   |         |         |     |        |       |     | La.           |
+|16 |Pr.[2]L  |.....    |.... |  50    |...... |.... |Probate Court  |
+|17 |Pr.      |P        |6    | 100    |Gov.   |2    | also Court of |
+|   |         |         |     |        |       |     | Insolvency.   |
+|18 |Pr.[2]L  |Gov.     |Lf.  | 300    |Gov.   |7    |Probate Court  |
+|19 |P.       |P        |4    | 300    |4      |4    | also Court of |
+|   |         |         |     |        |       |     | Insolvency.   |
+|20 |Pr.[2]   |P        |2    | 100    |2      |2    |               |
+|21 | In Chancery Court       | 150    |[4]    |2    |Chancery.      |
+|22 |Pr.      |P        |.... | 150    |[5]    |.... |               |
+|23 |........ |.....    |.... | 300    |2      |.... |               |
+|24 |Pr.[2]L  |P        |2    | 100    |2      |2    |               |
+|25 |         |         |     | 300    |       |     |               |
+|26 |Pr.      |         |     | 100    |       |     |               |
+|27 |         |         |     | 100    |       |     |Chancellor,    |
+|   |         |         |     |        |       |     | $10,000.      |
+|28 |Pr.      |P        |     | 200    |       |     |Probate Court  |
+|   |         |         |     |        |       |     | called        |
+|   |         |         |     |        |       |     | "Surrogate"   |
+|29 |Clk Superior Ct acts as  | 200    |       |     |Cir. Ct called |
+|   |   Probate Judge         |        |       |     | "Superior Ct."|
+|30 |Pr.[2]L  |         |     | 200    |       |     |               |
+|31 |Pr.[2]   |P        |3    | 100    |       |3    |There is a     |
+|   |         |         |     |        |       |     | Court of      |
+|32 |Pr.[2]   |P        |4    | 250    |       |     | Common Pleas  |
+|33 |Pr.[2]   |P        |     | 100    |2      |     |Prob. Ct called|
+|34 |Town Councils are Prb Cts| 100    |       |     | "Orphan's Ct."|
+|35 |Pr.[2]   |P        |2    | 100    |[4]    |     |               |
+|36 |Pr.[2]L  |P        |2    | 100    |       |2    |               |
+|37 |Pr.      |         |     | 100    |2      |     |               |
+|38 |Pr.[2]   |P        |2    | 200    |1      |6    |Just. of Peace |
+|   |         |         |     |        |       |     | are County    |
+|   |         |         |     |        |       |     | Com'rs and    |
+|   |         |         |     |        |       |     | Prob. Ct.     |
+|39 |    District Judges      |        |       |2    |Ct of Appeals  |
+|   |         |         |     |        |       |     | below S.C.    |
+|40 |Pr.[2]L  |         |2    | 200    |       |2    |Chancery Court |
+|   |         |         |     |        |       |     | by Judges of  |
+|   |         |         |     |        |       |     | S.C.          |
+|41 |Pr.[2]   |Leg      |6    | 100    |       |     |               |
+|42 |         |         |     |        |       |     |               |
+|43 |Pr.[2]   |P        |4    | 100    |2      |4    |Two J.P.s      |
+|   |         |         |     |        |       |     | associated    |
+|   |         |         |     |        |       |     | with Pr. J in |
+|   |         |         |     |        |       |     | holding court |
+|44 |         |         |     | 200    |[5]    |     |               |
+|45 |Pr.[2]   |         |     | 100    |       |     |               |
++===+=========+=========+=====+========+=======+=====+===============+
+
+The three modes of selecting the Chief Justice are by electing or
+appointing one as such, by leaving the judges themselves to determine
+which shall act, or by a provision making the one whose term expires first
+act. These modes are indicated in the table by A, B, and C, respectively.
+In the salary column, where two numbers appear, the upper is the salary of
+the Chief Justice. In giving jurisdiction of Circuit courts, L means law
+only, LE means jurisdiction in both law and equity, 30, C, c, L7 means 30
+years old, a citizen of the US and of the state, and seven years legal
+practice. LL means "learned in the law".
+
+In Me, Mass, N.H., and S.D., the Supreme Court is required to give legal
+advice to the Governor.
+
+[Footnote 1: Called Superior Court, at least one in each county. This
+court also exercises the Probate powers.]
+
+[Footnote 2: Probate Court given some other duty, unrelated to its regular
+function. L means that it has also certain civil jurisdiction.]
+
+[Footnote 3: Continuous.]
+
+[Footnote 4: Competent number.]
+
+[Footnote 5: As many as are needed.]
+
+
+COMPARATIVE SUFFRAGE TABLE.
+
+[Transcriber's Note: This table crosses facing pages of the book
+("Portrait" orientation). Thus, reference numbers are used as in the
+tables above to refer to the states the information belongs to.]
+
++===+===============+====+=====================+==========+==========+
+|   |States         |Age |Requirement As To    |Residence |Residence |
+|   |               |    |Citizenship of U.S.  |In State  |In County |
++===+===============+====+=====================+==========+==========+
+|1  |Alabama        |21  |Citizens or declared |1 year    |3 months  |
+|   |               |    | intention           |          |          |
+|2  |Arkansas       |21  |Citizens or declared |1 year    |6 months  |
+|   |               |    | intention           |          |          |
+|3  |California     |21  |Actual citizens      |1 year    |90 days   |
+|4  |Colorado       |21  |Citizens or declared |6 months  |          |
+|   |               |    | intention           |          |          |
+|5  |Connecticut    |21  |Actual citizens      |1 year    |6 months  |
+|6  |Delaware       |21  |Actual county        |1 year    |1 month   |
+|   |               |    | taxpayers           |          |          |
+|7  |Florida        |21  |United States        |1 year    |6 months  |
+|   |               |    | citizens or         |          |          |
+|   |               |    | declared intention  |          |          |
+|8  |Georgia        |21  |Actual citizens      |1 year    |6 months  |
+|9  |Idaho          |21  |Actual citizens      |6 months  |30 days   |
+|10 |Illinois       |21  |Actual citizens      |1 year    |90 days   |
+|11 |Indiana        |21  |Citizens or declared |6 months  |60 days   |
+|   |               |    | intention           |          |          |
+|12 |Iowa           |21  |Actual citizens      |6 months  |60 days   |
+|13 |Kansas         |21  |Citizens or declared |6 months  |          |
+|   |               |    | intention           |          |          |
+|14 |Kentucky       |21  |Free white male      |2 years   |1 year    |
+|   |               |    | citizens            |          |          |
+|15 |Louisiana      |21  |Citizens or declared |1 year    |6 months  |
+|   |               |    | intention           |          |          |
+|16 |Maine          |21  |Actual citizens      |3 months  |          |
+|17 |Maryland       |21  |Actual citizens      |1 year    |6 months  |
+|18 |Massachusetts  |21  |Actual citizens      |1 year    |          |
+|19 |Michigan       |21  |Citizens or declared |3 months  |          |
+|   |               |    | intention           |          |          |
+|20 |Minnesota      |21  |Actual citizens for  |1 year    |          |
+|   |               |    | 3 months            |          |          |
+|21 |Mississippi    |21  |Actual citizens      |6 months  |1 month   |
+|22 |Missouri       |21  |Citizens or declared |1 year    |60 days   |
+|   |               |    | intention           |          |          |
+|23 |Montana        |21  |Actual citizens      |1 year    |          |
+|24 |Nebraska       |21  |Citizens or declared |6 months  |          |
+|   |               |    | intention           |          |          |
+|25 |Nevada         |21  |Citizens or declared |6 months  |30 days   |
+|   |               |    | intention           |          |          |
+|26 |New Hampshire  |21  |Actual citizens      |          |          |
+|27 |New Jersey     |21  |Actual citizens      |1 year    |5 months  |
+|28 |New York       |21  |Actual citizens for  |1 year    |4 months  |
+|   |               |    | 90 days             |          |          |
+|29 |North Carolina |21  |Actual citizens      |12 months |90 days   |
+|30 |North Dakota   |21  |Cit or dec intent or |1 year    |6 months  |
+|   |               |    | Indians 2 yrs out   |          |          |
+|   |               |    | of tribal relations |          |          |
+|31 |Ohio           |21  |Actual citizens      |1 year    |          |
+|32 |Oregon         |21  |Citizens or declared |6 months  |          |
+|   |               |    | intention           |          |          |
+|33 |Pennsylvania   |21  |Actual citizens      |1 year    |          |
+|34 |Rhode Island   |21  |Actual tax paying    |1 year    |          |
+|   |               |    | citizens            |          |          |
+|35 |South Carolina |21  |Actual citizens      |1 year    |          |
+|36 |South Dakota   |21  |Citizens or declared |6 months  |60 days   |
+|   |               |    | intention           |          |          |
+|37 |Tennessee      |21  |Actual citizens      |12 months |30 days   |
+|38 |Texas          |21  |Citizens or declared |1 year    |6 months  |
+|   |               |    | intention           |          |          |
+|39 |Utah           |21  |Actual citizens for  |1 year    |4 months  |
+|   |               |    | 90 days             |          |          |
+|40 |Vermont        |21  |Actual citizens      |1 year    |          |
+|41 |Virginia       |21  |Actual citizens      |12 months |          |
+|42 |Washington     |21  |Actual citizens      |1 year    |90 days   |
+|43 |West Virginia  |21  |Actual citizens      |1 year    |60 days   |
+|44 |Wisconsin      |21  |Citizens or declared |1 year    |          |
+|   |               |    | intention           |          |          |
+|45 |Wyoming        |21  |Actual citizens      |1 year    |60 days   |
++===+===============+====+=====================+==========+==========+
+
+COMPARATIVE SUFFRAGE TABLE.
+
+[Transcriber's Notes: Next set of columns, continuing table.]
+
++===+==========+=========================+===========================+
+|   |Residence |Registration             |Excluded From Voting       |
+|   |In Voting |                         |                           |
+|   |Precinct  |                         |                           |
++===+==========+=========================+===========================+
+|1  |1 month   |Legislature may regulate |Idiots Indians convicted of|
+|   |          |                         | crime                     |
+|2  |1 month   |Prohibited as a bar to   |Idiots Indians convicted of|
+|   |          | suffrage                | crime                     |
+|3  |30 days   |Registration required by |Idiots Indians convicts    |
+|   |          | law                     | Chinese                   |
+|4  |          |Required by constitution |Persons in prison          |
+|5  |6 months  |Required by law          |Those unable to read and   |
+|   |          |                         | convicts                  |
+|6  |          |No registration required |Idiots insane paupers      |
+|   |          |                         | criminals                 |
+|7  |          |Required by constitution |Idiots insane criminals    |
+|   |          |                         | bettors on elections      |
+|   |          |                         | duelists                  |
+|8  |          |Leg may regulate no act  |Idiots insane criminals    |
+|   |          |                         | non-taxpayers             |
+|9  |          |Required by constitution |Idiots criminals           |
+|   |          |                         | polygamists               |
+|10 |30 days   |Required by law          |Convicts                   |
+|11 |30 days   |No law for registration  |Fraudulent voters and      |
+|   |          |                         | bribers                   |
+|12 |          |Required by law          |Idiots insane criminals    |
+|13 |30 days   |Required in cities only  |Idiots insane convicts     |
+|14 |60 days   |No registration required |Bribery robbery forgery &c |
+|15 |30 days   |Legislature my regulate  |Idiots insane criminals    |
+|16 |          |Required by law          |Paupers Indians not taxed  |
+|17 |          |Required by constitution |Lunatics convicts, and     |
+|   |          |                         | guilty of bribery         |
+|18 |6 months  |Required by law          |Paupers persons under      |
+|   |          |                         | guardians non-taxpayers   |
+|   |          |                         | and men unable to read    |
+|   |          |                         | and write                 |
+|19 |10 days   |Required by law          |Duelists                   |
+|20 |10 days   |Required by law          |Idiots insane convicts     |
+|21 |          |Required by constitution |Idiots insane criminals    |
+|22 |          |Required by constitution |Inmates of asylums,        |
+|   |          | in cities only          | poorhouses, and prisons,  |
+|   |          |                         | US army                   |
+|23 |          |Leg may require          |Insane                     |
+|24 |          |Required by law          |Idiots convicts US army    |
+|25 |          |Required by constitution |Idiots insane convicts     |
+|26 |Town 6 ms |Required by law          |Paupers                    |
+|27 |          |Required in cities of    |Paupers idiots insane      |
+|   |          | 10,000                  | convicts                  |
+|28 |30 days   |Required in cities of    |Election bettors or bribers|
+|   |          | 10,000                  | convicts                  |
+|29 |          |Required by constitution |Convicts                   |
+|30 |90 days   |                         |Convicts, insane           |
+|31 |          |No registration required |Idiots insane              |
+|32 |          |                         |Idiots insane convicts US  |
+|   |          |                         | army Chinese              |
+|33 |2 months  |Required by constitution |Non-taxpayers political    |
+|   |          |                         | bribers                   |
+|34 |Town 6 ms |Required by law          |Persons without property to|
+|   |          |                         | the value of $134         |
+|35 |          |Required by constitution |Insane inmates of asylums  |
+|   |          |                         | almshouses prisons, US    |
+|   |          |                         | army, duelists            |
+|36 |10 days   |                         |Convicts insane            |
+|37 |          |No registration required |Non-payers of poll tax     |
+|38 |6 months  |Prohibited by            |Lunatics, idiots, paupers, |
+|   |          | constitution            | convicts, US army         |
+|39 |60 days   |                         |Idiots criminals           |
+|40 |Town 3 ms |Required by law          |Bribers                    |
+|41 |          |Required by law          |Lunatics idiots convicts,  |
+|   |          |                         | duelists, US army         |
+|42 |30 days   |Required by law          |Convicts, insane           |
+|43 |          |Prohibited by            |Lunatics paupers convicts  |
+|   |          | constitution            |                           |
+|44 |          |Required by law          |Insane idiot convict briber|
+|   |          |                         | bettor, duelist           |
+|45 |          |Required by constitution |Idiots insane criminals    |
++===+==========+=========================+===========================+
+
+
+COMPARATIVE LEGISLATIVE TABLE OF PRINCIPAL CONSTITUTIONAL GOVERNMENTS.
+
+[Transcriber's Note: This table crosses facing pages of the book
+("Portrait" orientation). Thus, reference numbers are used as in the
+tables above to refer to the nations the information belongs to.]
+
++===+==============+==========+======================================+
+|   |              |          |          Both Houses                 |
+|   |              |          +-------------+-----------------+------+
+|   |Names of      |Kind of   |Name applied |Names of the     |Mtgs. |
+|   |  Nations.    | Gov't.   | to the      | Houses.         |      |
+|   |              |          | Legislative |                 |      |
+|   |              |          | Body.       |                 |      |
++===+==============+==========+=============+=================+======+
+|1  |Austria-      |F.H.M.    |Delegations. |Upper,           |A     |
+|   | Hungary      |          |             | Lower           |      |
+|2  |Austria       |S.H.M.    |Diet or      |Herrenhaus,      |A     |
+|   |              |          | Reichsrath. | Abgeordnetenhaus|      |
+|3  |Hungary       |S.H.M.    |Diet or      |Magnates,        |A     |
+|   |              |          | Reichstag.  | Representatives.|      |
+|4  |Belgium       |S.H.M.    |Legislative  |Senate,          |A     |
+|   |              |          | Chambers.   | Deputies.       |      |
+|5  |Denmark       |S.H.M.    |Diet or      |Landsthing,      |A     |
+|   |              |          | Rigsdag.    | Folkething.     |      |
+|6  |France        |S.R.      |Assembly.    |Senate,          |A     |
+|   |              |          |             | Deputies.       |      |
+|7  |Germany       |F.H.M.    |............ |Bundesrath,      |A     |
+|   |              |          |             | Reichstag.      |      |
+|8  |Prussia       |S.H.M.    |Legislative  |Herrenhaus,      |A     |
+|   |              |          | Chambers.   | Abgeordnetenhaus|      |
+|9  |Great Britain |F.H.M.    |Parliament.  |Lords,           |A     |
+|   |              |          |             | Commons.        |      |
+|10 |Italy         |S.H.M.    |Legislative  |Senate,          |A     |
+|   |              |          | Chambers.   | Deputati.       |      |
+|11 |Netherlands   |S.H.M.    |States-      |Upper,           |A     |
+|   |              |          | General.    | Lower.          |      |
+|12 |Spain         |S.H.M.    |Cortex.      |Senate,          |A     |
+|   |              |          |             | Congress.       |      |
+|13 |Sweden        |S.H.M.[3] |Diet.        |Upper,           |A     |
+|   |              |          |             | Lower.          |      |
+|14 |Norway        |S.H.M.    |Storthing.   |Lagthing,        |A     |
+|   |              |          |             | Odolsthing.     |      |
+|15 |Switzerland   |F.R.      |Bundes-      |Standerath,      |A     |
+|   |              |          | Versammlung.| Nationalrath.   |      |
+|16 |Argentina     |F.R.      |Congress.    |Senate,          |A     |
+|   |              |          |             | Deputies        |      |
+|17 |Columbia      |F.R.      |Congress.    |Senate,          |A     |
+|   |              |          |             | H. of R.        |      |
+|18 |Mexico        |F.R.      |Congress.    |Senate,          |A     |
+|   |              |          |             | H. of R.        |      |
+|19 |Brazil        |F.R.      |Legislative  |Senate,          |A     |
+|   |              |          | Assembly.   | Congress.       |      |
++===+==============+==========+=============+=================+======+
+
+COMPARATIVE LEGISLATIVE TABLE OF PRINCIPAL CONSTITUTIONAL GOVERNMENTS.
+
+[Transcriber's Notes: Next set of columns, continuing table.]
+
++===+=================================================+
+|   |             Upper House                         |
+|   +---------------+-----------+-----+---------------+
+|   |How Composed.  |Election   |Term |Qualifications |
++===+===============+===========+=====+===============+
+|1  |20 Austrians,  |State Leg. |     |               |
+|   |20 Hungarians  |           |     |               |
+|2  {Royal Princes, |           |life |               |
+|   { Nobles,       |           |     |               |
+|3  { Archbishops,  |           |life |               |
+|   { Appointees    |           |     |               |
+|4  |68             |People     |8    |40,c,r,P       |
+|5  |66             |{12 ap,    |8    |25,r           |
+|   |               |{54 el     |     |               |
+|6  |300            |{75 for    |life |40,c           |
+|   |               |{225 for   |9    |               |
+|7  |59             |States     |1    |               |
+|8  |Royal Princes, |Sovereign  |life |               |
+|   | Hered Nobles, |           |     |               |
+|   | Appointees, &c|           |     |               |
+|9  |Hered Nobles,  |Sovereign  |life |               |
+|   | Bishops, Life |           |     |               |
+|   | Peers, etc.   |           |     |               |
+|10 |Royal Princes, |Sovereign  |life |               |
+|   | Appointees    |           |     |40[2]          |
+|11 |39             |By         |2    |               |
+|   |               | Divisions |     |               |
+|12 |Hered Nobles,  |Sovereign  |     |               |
+|   | 100 Life Sen  |           |     |               |
+|   | 130 elected by|States     |10   |               |
+|13 |137, one for   |           |9    |35,P           |
+|   | 30,000        |           |     |               |
+|14 |One-fourth of  |People     |3    |               |
+|   | Storthing     | indirectly|     |               |
+|15 |44, 2 from     |By cantons |3    |Voter          |
+|   | each canton   |           |     |               |
+|16 |28, 2 from     |By         |     |               |
+|   | each province | provinces |     |               |
+|17 |27, 3 from     |By the     |     |               |
+|   | each state    | states    |     |               |
+|18 |54, 2 from     |State Leg. |6    |30             |
+|   | each state    |           |     |               |
+|19 |58             |People     |     |40,N,P         |
+|   |               | indirectly|     |               |
++===+===============+===========+=====+===============+
+
+COMPARATIVE LEGISLATIVE TABLE OF PRINCIPAL CONSTITUTIONAL GOVERNMENTS.
+
+[Transcriber's Notes: Next set of columns, continuing table.]
+
++===+==============+===========+=====+===============+==========+
+|   |                 Lower House                    |          |
+|   +--------------+-----------+-----+---------------+          |
+|   |How Composed. |Election   |Term |Qualifications |Salaries  |
++===+==============+===========+=====+===============+==========+
+|1  |40 Austrians, |State Leg. |     |               |          |
+|   |40 Hungarians |           |     |               |          |
+|2  |353           |People     |6    |               |$1780, yr |
+|3  |445           |"          |3    |               |          |
+|4  |136, one for  |"          |4    |25,c,r         |$84, m h  |
+|   | 40,000 inh   |           |     |               |          |
+|5  |102           |"          |3    |25,r           |$4, day   |
+|6  |557           |"          |4    |25,c           |$1780, yr |
+|7  |397           |"          |3    |               |          |
+|8  |433           |People     |3    |30,c           |          |
+|   |              | indirectly|     |               |          |
+|9  |658           |People     |7    |21,c           |None      |
+|   |              | indirectly|     |               |          |
+|10 |508, one for  |"          |5    |30,V,P         |None      |
+|   | 40,000 inh   |           |     |               |          |
+|11 | 86, one for  |"          |3    |               |$830, yr  |
+|   | 45,000 inh   |           |     |               |          |
+|12 |One for       |"          |5    |25             |          |
+|   | 50,000 inh   |           |     |               |          |
+|13 | 64, town,    |"          |3    |21,P           |          |
+|   |140, country  |           |     |               |          |
+|14 |3/4 of        |People     |3    |               |          |
+|   | Storthing    | indirectly|     |               |          |
+|15 |135, one for  |People     |3    |Voter          |$2.50, dy |
+|   | 20,000 inh   |           |     |               |          |
+|16 |50            |"          |     |               |$1040, yr |
+|17 |66, one for   |"          |2    |               |          |
+|   | 50,000 inh   |           |     |               |          |
+|18 |331, one for  |"          |2    |25,r,8         |          |
+|   | 80,000 inh   |           |     |               |          |
+|19 |122           |People     |4    |N,P            |          |
+|   |              | indirectly|     |               |          |
++===+==============+===========+=====+===============+==========+
+
+[Transcriber's Note: Perhaps because of a poor scan, I cannot find the
+places where footnotes 1 and 2 are referenced.]
+
+[Footnote 1: The Chancellor is responsible only to the Emperor. The
+administration is through the Bundesrath in seven standing committees.]
+
+[Footnote 2: These appointees must have held high office, or be eminent in
+science, literature or art, or pay annual taxes of at least $600.]
+
+[Footnote 3: Sweden and Norway form a F.H.M.]
+
+In giving qualifications, N means _native_, and P means a _property_
+qualification.
+
+Greece has only one chamber in its legislature. Consult the Statesman's
+Year-Book, or an encyclopedia.
+
+
+TABLE OF RULERS or PRINCIPAL NATIONS, 1897.
+
+                                                YEAR OF  DATE OF
+GOVERNMENTS       RULERS              TITLE      BIRTH  ACCESSION
+===================================================================
+Argentina         Jose E. Uriburu     President         Jan 22, '95
+Austria Hungary   Franz Joset I       Emperor     1830  Dec 2   '48
+Belgium           Leopold II          King        1835  Dec 10  '65
+Bolivia           General Alonzo      President         Aug --  '96
+Brazil            Prudente de Moraes  President   1841  Nov 15  '94
+Bulgaria          Ferdinand I         Prince      1861  July 7  '87
+Chili             Fed. Errazuriz      President   1850  Sept 18 '96
+China             Tsai Tien           Emperor     1872  Jan 12  '75
+Colombia (US of)  M.A. Caro           President         Sept 18 '94
+Denmark           Christian IX        King        1818  Nov 15  '63
+Ecuador           Gen Eloy Alfaro     President   1843  ------- '97
+France            Francois F. Faure   President   1841  Jan 17  '95
+Germany           Wilhelm II          Emperor     1859  June 15 '88
+  Baden           Friedrich I         Grand Duke  1826  Apr 24  '52
+  Bavaria         Otto I              King        1848  June 13 '86
+  Hesse           Ernst Louis V       Grand Duke  1868  Mar 13  '92
+  Mecklenburg
+    Schwerm       Friedrich Franz III Grand Duke  1831  Apr 15  '83
+  Mecklenburg
+    Strelitz      Friedrich Wilhelm   Grand Duke  1819  Sept 6  '60
+  Oldenburg       Nicholas F. Peter   Grand Duke  1827  Feb 27  '33
+  Prussia         Wilhelm II          King        1859  June 15 '88
+  Saxony          Albert              King        1828  Oct 29  '73
+  Wurttemberg     Wilhelm II          King        1848  Oct 6   '91
+Great Britain and
+    Ireland       Victoria I          Queen       1819  June 20 '37
+  British India   Earl of Elgan       Viceroy     1849  ------- '94
+  Canada Dominion
+    of            Earl of Aberdeen    Gov Gen     1847  Sept -- '93
+Greece            Georgios I          King        1845  June 5  '63
+Guatemala         Gen. J.M.R. Burios  President   1853  Mar 15  '92
+Haiti             Gen. Tiresias A.S.  President         ------- '96
+                    Sam
+Hawaiian Islands  Sanford B. Dole     President   1844  July 4  '94
+Honduras          Dr. P. Bonilla      President         Jan 1   '95
+Italy             Humbert I           King        1844  Jan 9   '78
+Japan             Mutsu Hito          Emperor     1852  Feb 13  '67
+Korea             Yi Hi               King        1851  ------- '64
+Mexico            Porfirio Diaz       President   1830  ------- '84
+Montenegro        Nicholas I          Prince      1841  Aug 14  '60
+Morocco           Abdul Azziz         Sultan      1878  June 7  '94
+Netherlands       Wilhelmina          Queen       1880  Nov 23  '90
+Nicaragua         Gen. Santos Zelaya  President   1853  Feb 1   '94
+Paraguay          Gen. Fgusquiza      President         Nov 25  '94
+Persia            Mozaffer ed Din     Shah        1853  May 1   '96
+Peru              Nicolas de Pierola  President         Aug 12  '95
+Portugal          Carlos I            King        1863  Oct 19  '89
+Rome (Pontificate
+    of)           Leo XIII            Pope        1810  Feb 20  '78
+Romania           Carol I             King        1839  Mar 26  '81
+Russia            Nicholas II         Emperor     1868  Nov 1   '94
+Santo Domingo     Ulises Heureaux     President         ----    '86
+Servia            Alexander I         King        1876  Mar 6   '89
+Siam              Chulalongkorn I     King        1853  Oct 1   '68
+South African
+    Rep'blic      S.J. Paul Kruger    President   1825  May 12  '93
+Spain             Alfonso XIII        King        1886  May 17  '86
+Sweden and Norway Oscar II            King        1829  Sept 18 '72
+Switzerland       Adrien Lachenal     President         Jan 1   '96
+Turkey            Abdul Hamid II      Sultan      1842  Aug 31, '76
+  Egypt           Abbas II            Khedive     1874  Jan 7   '92
+United States     William McKinley    President   1843  Mar 4   '97
+Uruguay           Idiarte  Borda      President   1844  Mar 1   '94
+Venezuela         Joaquin Crespo      President   1841  Mar 5,  '94
+
+
+PRESIDENTS OF THE UNITED STATES.
+
++===+==================+===============+=====+=========+======+======+
+|   |Name              |Birthplace     |Year |Paternal |Resi- |Year  |
+|   |                  |               |     |Ancestry |dence |Inaug.|
++===+==================+===============+=====+=========+======+======+
+|1  |George Washington |Westmoreland   |1732 |English  |Va.   |1789  |
+|   |                  | Co., Va.      |     |         |      |      |
+|2  |John Adams        |Quincey, Mass. |1735 |English  |Mass. |1797  |
+|3  |Thomas Jefferson  |Shadwell, Va.  |1743 |Welsh    |Va.   |1801  |
+|4  |James Madison     |Port Conway,   |1751 |English  |Va.   |1809  |
+|   |                  | Va.           |     |         |      |      |
+|5  |James Monroe      |Westmoreland   |1758 |Scotch   |Va.   |1817  |
+|   |                  | Co., Va.      |     |         |      |      |
+|6  |John Quincy Adams |Quincey, Mass. |1767 |English  |Mass. |1825  |
+|7  |Andrew Jackson    |Union Co., N.C.|1767 |Scotch-  |Tenn. |1829  |
+|   |                  |               |     | Irish   |      |      |
+|8  |Martin Van Buren  |Kinderhook,    |1782 |Dutch    |N.Y.  |1837  |
+|   |                  | N.Y.          |     |         |      |      |
+|9  |William H.        |Berkeley, Va.  |1773 |English  |O.    |1841  |
+|   | Harrison         |               |     |         |      |      |
+|10 |John Tyler        |Greenway, Va.  |1790 |English  |Va.   |1841  |
+|11 |James K. Polk     |Mecklenburg    |1795 |Scotch-  |Tenn. |1845  |
+|   |                  | Co., N.C.     |     | Irish   |      |      |
+|12 |Zachary Taylor    |Orange Co., Va.|1784 |English  |La.   |1849  |
+|13 |Millard Fillmore  |Summer Hill,   |1800 |English  |N.Y.  |1850  |
+|   |                  | N.Y.          |     |         |      |      |
+|14 |Franklin Pierce   |Hillsboro, N.H.|1804 |English  |N.H.  |1853  |
+|15 |James Buchanan    |Cove Gam, Pa.  |1791 |Scotch-  |Pa.   |1857  |
+|   |                  |               |     | Irish   |      |      |
+|16 |Abraham Lincoln   |Larue Co., Ky. |1809 |English  |Ill.  |1861  |
+|17 |Andrew Johnson    |Raleigh, N.C.  |1808 |English  |Tenn. |1865  |
+|18 |Ulysses S. Grant  |Point Pleasant,|1822 |Scotch   |D.C.  |1869  |
+|   |                  | O.            |     |         |      |      |
+|19 |Rutherford B.     |Delaware, O.   |1822 |Scotch   |O.    |1877  |
+|   | Hayes            |               |     |         |      |      |
+|20 |James A. Garfield |Cuyahoga Co.,  |1831 |English  |O.    |1881  |
+|   |                  | O.            |     |         |      |      |
+|21 |Chester A. Arthur |Fairfield, Vt. |1830 |Scotch-  |N.Y.  |1881  |
+|   |                  |               |     | Irish   |      |      |
+|22 |Grover Cleveland  |Caldwell, N.J. |1837 |English  |N.Y.  |1883  |
+|23 |Benjamin Harrison |North Bend, O. |1833 |English  |Ind.  |1889  |
+|24 |Grover Cleveland  |Caldwell, N.J. |1837 |English  |N.Y.  |1893  |
+|25 |William McKinley  |Niles, O.      |1843 |Scotch-  |O.    |1897  |
+|   |                  |               |     | Irish   |      |      |
++===+==================+===============+=====+=========+======+======+
+
+
+VICE-PRESIDENTS OF THE UNITED STATES.
+
++===+===============+==================+=====+=========+======+=======+
+|   |Name           |Birthplace        |Year |Paternal |Resi- |Inaug. |
+|   |               |                  |     |Ancestry |dence |       |
++===+===============+==================+=====+=========+======+=======+
+|1  |John Adams     |Quincey, Mass.    |1735 |English  |Mass. |1789   |
+|2  |Thomas         |Shadwell, Va.     |1743 |Welsh    |Va.   |1797   |
+|   | Jefferson     |                  |     |         |      |       |
+|3  |Aaron Burr     |Newark, N.J.      |1756 |English  |N.Y.  |1801   |
+|4  |George Clinton |Ulster Co., N.Y.  |1739 |English  |N.Y.  |1805   |
+|5  |Elbridge Gerry |Marblehead, Mass. |1744 |English  |Mass. |1813   |
+|6  |Daniel D.      |Scarsdale, N.Y.   |1774 |English  |N.Y.  |1817   |
+|   | Tompkins      |                  |     |         |      |       |
+|7  |John C.        |Abbeville, S.C.   |1782 |Scotch-  |S.C.  |1825   |
+|   | Calhoun       |                  |     | Irish   |      |       |
+|8  |Martin Van     |Kinderhook, N.Y.  |1782 |Dutch    |N.Y.  |1833   |
+|   | Buren         |                  |     |         |      |       |
+|9  |Richard M.     |Louisville, Ky.   |1780 |English  |Ky.   |1837   |
+|   | Johnson       |                  |     |         |      |       |
+|10 |John Tyler     |Greenway, Va.     |1790 |English  |Va.   |1841   |
+|11 |George M.      |Philadelphia, Pa. |1792 |English  |Pa.   |1845   |
+|   | Dallas        |                  |     |         |      |       |
+|12 |Millard        |Summer Hill, N.Y. |1800 |English  |N.Y.  |1849   |
+|   | Fillmore      |                  |     |         |      |       |
+|13 |William R.     |Sampson Co., N.C. |1786 |English  |Ala.  |1853   |
+|   | King          |                  |     |         |      |       |
+|14 |John C.        |Lexington, Ky.    |1821 |Scotch   |Ky.   |1857   |
+|   | Breckinridge  |                  |     |         |      |       |
+|15 |Hannibal       |Paris, Me.        |1809 |English  |Me.   |1861   |
+|   | Hamlin        |                  |     |         |      |       |
+|16 |Andrew Johnson |Raleigh, N.C.     |1808 |English  |Tenn. |1865   |
+|17 |Schuyler       |New York City     |1823 |English  |Ind.  |1869   |
+|   | Colfax        |                  |     |         |      |       |
+|18 |Henry Wilson   |Farmington, N.H.  |1822 |English  |Mass. |1873   |
+|19 |William A.     |Malone, N.Y.      |1819 |English  |N.Y.  |1877   |
+|   | Wheeler       |                  |     |         |      |       |
+|20 |Chester A.     |Fairfield, Vt.    |1830 |Scotch-  |N.Y.  |1881   |
+|   | Arthur        |                  |     | Irish   |      |       |
+|21 |Thomas A.      |Muskingum Co., O. |1819 |Scotch-  |Ind.  |1885   |
+|   | Hendricks     |                  |     | Irish   |      |       |
+|22 |Levi P. Morton |Shoreham, Vt.     |1824 |Scotch   |N.Y.  |1889   |
+|23 |Adlai E.       |Christian Co., Ky.|1835 |Scotch-  |Ill.  |1893   |
+|   | Stevenson     |                  |     | Irish   |      |       |
+|24 |Garret A.      |Long Branch, N.J. |1844 |English  |N.J.  |1897   |
+|   | Hobart        |                  |     |         |      |       |
++===+===============+==================+=====+=========+======+=======+
+
+
+PRESIDENTS PRO TEMPORE OF THE UNITED STATES SENATE.
+CONGRESS     YEARS     NAME                STATE    BORN     DIED
+=================================================================
+1, 2        1789-92    John Langdon        N H      1739     1819
+2           1792       Richard H Lee       Va       1732     1794
+2, 3        1792 94    John Langdon        N H      1739     1819
+3           1794 95    Ralph Izard         S C      1742     1804
+3, 4        1795 96    Henry Tazewell      Va       1753     1799
+4           1796 97    Samuel Livermore    N H      1732     1803
+4, 5        1797       William Bingham     Pa       1751     1804
+5           1797       William Bradford    R I      1729     1808
+5           1797 98    Jacob Read          S C      1752     1816
+5           1798       Theo Sedgwick       Mass     1746     1813
+5           1798 99    John Laurence       N Y      1750     1810
+5           1799       James Ross          Pa       1762     1847
+6           1799-1800  Samuel Livermore    N H      1732     1803
+6           1800       Uriah Tracy         Ct       1755     1807
+6           1800-1801  John E Howard       Md       1752     1827
+6           1801       James Hillhouse     Ct       1754     1832
+7           1801 02    Abraham Baldwin     Ga       1754     1807
+7           1802-03    Stephen R Bradley   Vt       1754     1830
+8           1803 04    John Brown          Ky       1757     1837
+8           1804-05    Jesse Franklin      N C      1758     1823
+8           1805       Joseph Anderson     Tenn     1757     1837
+9, 10       1805-08    Samuel Smith        Md       1752     1823
+10          1808-09    Stephen R Bradley   Vt       1754     1837
+10, 11      1809       John Milledge       Ga       1757     1839
+11          1809-10    Andrew Gregg        Pa       1755     1835
+11          1810 11    John Gaillard       S C               1826
+11, 12      1811-12    John Pope           Ky       1770     1845
+12, 13      1812 13    Wm H. Crawford      Ga       1772     1834
+13          1813 14    Jos B Varnum        Mass     1750     1821
+13-15       1814-18    John Gaillard       S C               1826
+15 16       1818 19    James Barbour       Va       1775     1842
+16 19       1820-26    John Gaillard       S C               1826
+19, 20      1826 28    Nathaniel Macon     N C      1757     1837
+20 22       1828-32    Samuel Smith        Md       1752     1839
+22          1832       L W Tazewell        Va       1774     1863
+22, 23      1832-34    Hugh L White        Tenn     1773     1840
+23          1834 35    Geo Poindexter      Miss     1779     1853
+24          1835 35    John Tyler          Va       1790     1862
+24-26       1836 41    William R King      Ala      1786     1853
+26, 27      1841 42    Samuel L Southard   N J      1787     1842
+27 29       1842 46    W P Mangum          N C      1792     1861
+29, 30      1846-49    D R Atchison        Mo       1807     1886
+31, 32      1850 52    William R King      Ala      1786     1853
+32 33       1852 54    D R Atchison        Mo       1807     1886
+33 34       1854-57    Jesse D Bright      Ind      1812     1875
+34          1857       James M Mason       Va       1798     1871
+35, 36      1857 61    Benj Fitzpatrick    Ala      1802     1869
+36 38       1861-64    Solomon Foot        Vt       1802     1866
+38          1864-65    Daniel Clark        N H      1809     1891
+39          1865-67    Lafayette S. Foster Ct       1806     1880
+40          1867-69    Benj F Wade         Ohio     1800     1878
+41, 42      1869-73    Henry B Anthony     R I      1815     1884
+43          1873-75    M H Carpenter       Wis      1824     1881
+44, 45      1875 79    Thomas W Ferry      Mich     1827     1896
+46          1879-81    A G Thurman         Ohio     1813     1895
+47          1881       Thomas F Bayard     Del      1828
+47          1881-83    David David         Ill      1815     1886
+48          1883 85    Geo F Edmunds       Vt       1818
+49          1885 87    John Sherman        Ohio     1823     1900
+49-51       1887 91    John J Ingalls      Kan      1833
+52          1891-93    C F Manderson       Neb      1837
+53          1893-95    Isham G Harris      Tenn     1818     ....
+54, 55      1895-99    William P Frye      Me       1831     ....
+
+
+SPEAKERS OF THE U.S. HOUSE OF REPRESENTATIVES.
+
+CONGRESS.  YEARS.    NAME.                   STATE. BORN. DIED.
+===============================================================
+1          1789-91   F.A. Muhlenburg         Pa.    1750  1801
+2          1791-93   Jonathan Trumbull       Ct.    1740  1809
+3          1793-95   F.A. Muhlenburg         Pa.    1750  1801
+4, 5       1795-99   Jonathan Dayton         N.J.   1760  1824
+6          1799-1801 Theo. Sedgwick          Mass.  1746  1813
+7-9        1801-07   Nathaniel Macon         N.C.   1757  1837
+10, 11     1807-11   Joseph B. Varnum        Mass.  1750  1821
+12, 13     1811-14   Henry Clay              Ky.    1777  1852
+13         1814-15   Langdon Cheves          S.C.   1776  1857
+14-16      1815-20   Henry Clay              Ky.    1777  1852
+16         1820-21   John W. Taylor          N.Y.   1784  1854
+17         1821-23   Philip P. Barbour       Va.    1783  1841
+18         1823-25   Henry Clay              Ky.    1777  1852
+19         1825-27   John W. Taylor          N.Y.   1784  1854
+20-23      1827-34   Andrew Stevenson        Va.    1784  1857
+23         1834-35   John Bell               Tenn.  1797  1869
+24, 25     1835-39   James K. Polk           Tenn.  1795  1849
+26         1839-41   R. M. T. Hunter         Va.    1809  1887
+27         1841-43   John White              Ky.    1805  1845
+28         1843-45   John W. Jones           Va.    1805  1848
+29         1845-47   John W. Davis           Ind.   1799  1850
+30         1847-49   Robert C. Winthrop      Mass.  1809  1894
+31         1849-51   Howell Cobb             Ga.    1815  1868
+32, 33     1851-55   Linn Boyd               Ky.    1800  1859
+34         1855-57   Nathaniel P. Banks      Mass.  1816  1894
+35         1857-59   James L. Orr            S.C.   1822  1873
+36         1860-61   Wm. Pennington          N.J.   1796  1862
+37         1861-63   Galusha A. Grow         Pa.    1823  ....
+38-40      1863-69   Schuyler Colfax         Ind.   1823  1885
+41-43      1869-75   James G. Blaine         Me.    1830  1893
+44         1875-76   Michael C. Kerr         Ind.   1827  1876
+44-46      1876-81   Samuel J. Randall       Pa.    1828  1890
+47         1881-83   John W. Keifer          O.     1836  ....
+48-50      1883-89   John G. Carlisle        Ky.    1835  ....
+51         1889-91   Thomas B. Reed          Me.    1839  ....
+52, 53     1891-95   Charles F. Crisp        Ga.    1845  1896
+54, 55     1895-99   Thomas B. Reed          Me.    1839  ....
+
+
+PRINCIPAL UNITED STATES EXECUTIVE OFFICERS AND SALARIES.
+
+EXECUTIVE MANSION.
+
+Office.                         Salary.
+President of United States..... $30,000
+Vice President.................   8,000
+
+DEPARTMENT OF STATE.
+
+Secretary of State............. $ 8,000
+Assistant Secretary............   4,500
+Second Assistant Sec'y.........   3,500
+Third Assistant Sec'y..........   3,500
+Chief Clerk....................   2,750
+Chief of Diplomatic Bureau.....   2,100
+Chiel of Consular Bureau.......   2,100
+Chief of Indexes & Archives....   2,100
+Four other bureau officers.....   2,100
+
+TREASURY DEPARTMENT.
+
+Secretary of the Treasury...... $ 8,000
+2 Assistant Secretaries........   4,500
+Chief Clerk of Department......   3,000
+Chief of Appointmerit Div......   2,750
+Chief of Warrant Division......    ,000 [Transcriber's Note: misprint]
+Chief of Public Moneys Div.....   2,500
+Chief of Customs Division......   2,750
+Chief Mer.Mar.& Int. Rev.......   2,500
+Chief Loans & Currency Div.....   3,500
+Chief Revenue Marine Div.......   2,500
+Chief Stationery & Printing....   2,500
+Supervising Inspector-General
+  of Steamboats................   3,500
+Director of the Mint...........   4,500
+Chief of Bureau of Statistics..   3,000
+Supt. of Life-Saving Service...   4,000
+Chairman Light-House Board.....   .....
+Supervising Surgeon-General....   4,000
+Chief of Bureau of Engraving
+  and Printing.................   4,500
+Supervising Architect..........   4,500
+Supt, U.S. Coast Survey (Acting)  6,000
+2 Comptrollers..................  5,000
+Commissioner of Customs.........  4,000
+6 Auditors......................  3,600
+Treasurer of the U. S...........  6,000
+Register of the Treasury........  4,000
+Comptroller of the Currency.....  5,000
+Com'r of Internal Revenue.......  6,000
+
+WAR DEPARTMENT.
+
+Secretary of War............... $ 8,000
+Chief Clerk....................   2,750
+Adjutant-General...............   5,500
+Inspector-General..............   5,500
+Quartermaster-General..........   5,500
+Paymaster-General..............   5,500
+Commissary-General.............   5,500
+Surgeon-General................   5,500
+Judge Advocate Gen. (Acting)...   5,500
+Chief of Engineers.............   5,500
+Chief Signal Officer...........   5,500
+Chief of Ordnance..............   5,500
+Officer in Charge War Records..   3,500
+
+NAVY DEPARTMENT.
+
+Secretary of the Navy.......... $ 8,000
+Chief Clerk....................   2,500
+Judge-Advocate General.........   4,500
+Chief of Bureau of Yards and
+  Docks........................   5,000
+Chief of Bureau of Navigation..   5,000
+Chief of Bureau of Ordnance....   5,000
+Chief of Bureau of Provisions
+  and Clothing.................   5,000
+Chief of Bureau of Medicine
+  and Surgery..................   5,000
+Chief of Bureau of Equipment
+  and Recruiting...............   5,000
+Chief of Bureau of Construction
+  and Repair...................   5,000
+Chief of Bureau of Steam
+  Engineering..................   5,000
+Chief of Library and War
+  Records......................   3,000
+Pay Director...................   3,000
+Supt. Naval Observatory........   5,000
+Supt. Nautical Almanac.........   3,500
+
+POST-OFFICE DEPARTMENT.
+
+Postmaster-General............. $ 8,000
+Chief Clerk....................   2,200
+3 Ass't Postmaster-Generals....   4,000
+Supt. of Foreign Mails.........   3,000
+Supt. of Money Order System....   3,500
+Asst. Attorney-General for
+  Post-Office Department.......   4,000
+
+DEPARTMENT OF THE INTERIOR.
+
+Secretary of the Interior...... $ 8,000
+First Assistant Secretary......   4,500
+Assistant Secretary............   4,000
+Chief Clerk & Superintendent...   2,750
+Assistant Attorney-General.....   5,000
+Com'r General Land Office......   4,000
+Com'r Pension Office...........   5,000
+Com'r of Indian Affairs........   4,000
+Commissioner Patent Office.....   5,000
+Assistant Commissioner.........   3,000
+3 Examiners-in-Chief...........   3,000
+30 Principal Examiners, each...   2,400
+Commissioner of Education......   3,000
+Director Geological Survey.....   6,000
+Commissioner of Labor..........   3,000
+Commissioner of Railroads......   4,500
+3 Civil Service Com'rs, each...   3,500
+
+DEPARTMENT OF JUSTICE.
+
+Attorney-General............... $ 8,000
+Solicitor-General..............   7,000
+Two Asst. Attorney-Generals....   5,000
+
+DEPARTMENT OF AGRICULTURE.
+
+Secretary of Agriculture....... $ 8,000
+Entomologist...................   2,500
+Botanist.......................   2,000
+Chemist........................   2,500
+Microscopist...................   2,000
+
+NOTE.--For appointees consult any political almanac of this year.
+
+UNITED STATES JUDICIAL DEPARTMENT.
+
+SUPREME COURT OF THE UNITED STATES.
+
+The court holds annual sessions at Washington, commencing on the second
+Monday in October.
+
+                           Appointed          Date of        Salary
+                           from               Commission
+--------------------------------------------------------------------
+Chief Justice Melville W.  Illinois           July 20, 1888  $10,500
+  Fuller
+Justice Stephen J. Field   California         Mar  10, 1863   10,000
+Justice John M. Harlan     Kentucky           Nov  29, 1877   10,000
+Justice Horace Gray        Massachusetts      Dec  20, 1881   10,000
+Justice David J. Brewer    Kansas             Dec  18, 1889   10,000
+Justice Henry B. Brown     Michigan           Dec  30, 1890   10,000
+Justice George Shiras      Pennsylvania       Oct  --, 1892   10,000
+Justice Edward D. White    Louisiana          Feb  --, 1894   10,000
+Justice Rufus W. Peckham   New York           Dec  --, 1893   10,000
+Clerk of the Supreme       Dist. of Columbia           1880    6,000
+  Court: James H. McKenny
+Marshal: John M. Wright    Kentucky           Jan   4, 1888    3,000
+Reporter: J.C. Bancroft    New York                    1883    5,700
+  Davis
+
+
+CIRCUIT COURTS OF THE UNITED STATES
+
+(Salary of Circuit Judges $6,000 a year)
+
+First Judicial Circuit--Mr Justice Gray, Boston, Mass
+  Districts of Maine, New Hampshire, Massachusetts, and Rhode Island.
+  Circuit Judges--Le Baron B. Colt, R.I. 1884
+                  Wm. L. Putnam, Me. 1892
+
+Second Judicial Circuit--Mr Justice Peckham, New York City.
+  Districts of Vermont, Connecticut and New York
+  Circuit Judges--Wm. J. Wallace, N.Y. 1882
+                  E. Henry Lacombe, N.Y. 1888
+                  Nathaniel Shipman, Ct. 1892
+
+Third Judicial Circuit--Mr Justice Shiras, Pittsburgh, Pa.
+  Districts of New Jersey, Pennsylvania, and Delaware
+  Circuit Judges--Marcus W. Acheson, Pa. 1891
+                  Geo. M. Dallas, Pa. 1892
+
+Fourth Judicial Circuit--Mr Chief Justice Fuller, Washington, D.C.
+  Districts of Maryland, Virginia, West Virginia, North and South Carolina
+  Circuit Judges--Nathan Goff, W. Va. 1892
+                  Charles H. Simonton, S.C. 1893
+
+Fifth Judicial Circuit--Mr Justice White, New Orleans, La.
+  Districts of Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas.
+  Circuit Judges--Don A. Pardee, La. 1881
+                  A.P. McCormick, Tex. 1892
+
+Sixth Judicial Circuit--Mr Justice Harlan, Nashville, Tenn.
+  Districts of Ohio, Michigan, Kentucky, and Tennessee
+  Circuit Judges--William H. Taft, Ohio 1892
+                  Horace H. Lurton, Tenn. 1893
+
+Seventh Judicial Circuit--Mr Justice Brown, Chicago, I11.
+  Districts of Indiana, Illinois and Wisconsin
+  Circuit Judges--William A. Woods, Ind. 1892
+                  James G. Jenkins, Wis. 1893
+
+Eighth Judicial Circuit--Mr Justice Brewer, Leavenworth, Kan.
+  Districts of Minnesota, Iowa, Missouri, Kansas, Arkansas, Nebraska,
+  Colorado, North and South Dakota, Wyoming
+  Circuit Judges--Henry C. Caldwell, Ark. 1890
+                  Walter H. Sanborn, Minn. 1892
+                  Amos M. Thayer, Mo. 1892
+
+Ninth Judicial Circuit--Mr Justice Field, San Francisco, Cal.
+  Districts of California, Oregon, Washington, Idaho, Nevada, and Montana.
+  Circuit Judges--Joseph McKenna, Cal. 1892
+                  William B. Gilbert, Ore. 1892
+
+
+JUDGES OF THE UNITED STATES DISTRICT COURTS. (Salary, $5,000 a year.)
+
+DISTRICTS.             NAME.             RESIDENCE.    DATE OF
+                                                       COMMISSION
+Alabama:
+  N. Mobile District   John Bruce        Montgomery    Feb. 27, 1875
+  Southern    "        Harry T. Toulmin  Mobile        Dec. 14, 1886
+Arkansas:
+  Eastern District     John A. Williams  Pine Bluff    -------- 1890
+  Western    "         John H. Rodgers   Fort Smith
+California:
+  Northern District    W.W. Morrow       San Francisco
+  Southern   "         Olin Wellborn     Los Angeles
+Colorado               Moses Hallett     Denver        Jan. 20, 1877
+Connecticut            W.K. Townsend     New Haven     -------- 1892
+Delaware               Leonard E. Wales  Wilmington    Mar. 20, 1884
+Florida:
+  Northern District    Charles Swayne    Jacksonville
+  Southern    "        James W. Locke    Key West      Feb. 1, 1872
+Georgia:
+  Northern District    William T. Newman Atlanta       Aug. 13, 1886
+  Southern   "         Emory Speer       Savannah      Feb. 18, 1885
+Idaho                  J.H. Beatty       Hailey        -------- 1890
+Illinois:
+  Northern District    P.S. Grosscup     Chicago.
+  Southern    "        William J. Allen  Springfield  April 18, 1887
+Indiana                John H. Baker     Goshen        -------- 1892
+Iowa:
+  Northern District    Oliver P. Shiras  Dubuque       Aug. 14, 1882
+  Southern    "        John S. Woolson   Keokuk
+Kansas                 Cassius G. Foster Topeka        Mar. 10, 1874
+Kentucky               John W. Barr      Louisville   April 15, 1880
+Louisiana:
+  Eastern District     Charles Parlange  New Orleans
+  Western     "        Aleck Boarman     Shreveport    May 18,  1881
+Maine                  Nathan Webb       Portland      Jan. 24, 1882
+Maryland               Thomas J. Morris  Baltimore     July 1,  1879
+Massachusetts          Thomas L. Nelson  Worcester     Jan. 10, 1879
+Michigan:
+  Eastern District     Henry H. Swan     Detroit       -------- 1890
+  Western    "         Henry F. Severens Kalamazoo     May 25,  1886
+Minnesota              William Lochren   Minneapolis   -------- 1896
+Mississippi
+  (Two Districts)      Henry C. Niles    Jackson
+Missouri:
+  Eastern District     Elmer E. Adams    St. Louis     -------- 1896
+  Western    "         John F. Phillips                -------- 1888
+Montana                Henry Knowles     Helena        -------- 1889
+Nebraska               W.D.M. Hugh       Omaha
+Nevada                 T.P. Hawley       Carson City
+New Hampshire          Edgar Aldrich     Littleton
+New Jersey             A. Kirkpatrick    Trenton
+New York
+  Northern District    Alfred C. Coxe    Utica         May 4,   1882
+  Southern    "        Addison Brown     New York      June 2,  1881
+                                           City
+  Eastern     "        Charles L.         Brooklyn     Mar. 9,  1865
+                         Benedict
+North Carolina:
+  Eastern District
+  Western    "         Robert P. Dick.    Greensboro   June 7,  1872
+North Dakota           C.F. Amidon        Fargo        -------- 1896
+Ohio:
+  Northern District    A.J. Ricks         Cleveland
+  Southern    "        George R. Sage     Cincinnati   Mar. 20, 1883
+Oregon                 C.B. Bellinger     Portland
+Pennsylvania:
+  Eastern District     William Butler     Philadelphia Feb. 19, 1879
+  Western    "         J. Buffington      Pittsburgh   -------- 1891
+Rhode Island           Arthur L. Brown    Providence
+South Carolina         W.H. Brawley       Charleston   -------- 1893
+South Dakota           John E. Carland    Sioux Falls
+Tennessee:
+  East & Mid. Dist.    C.D. Clark         Chattanooga
+  Western District     S. Hammond         Memphis      June 17, 1878
+Texas:
+ Eastern District      D.E. Bryant        Sherman
+ Western    "          Thos S. Maxey      Austin       -------- 1888
+ Northern   "          John B. Rector     Dallas
+Utah                   John A. Marshall   Salt Lake City
+Vermont                Hoyt H. Wheeler    Jamaica      Mar. 16, 1877
+Virginia:
+ Eastern District      Robert W. Hughes   Norfolk      Jan. 14, 1874
+ Western    "          John Paul          Harrisonburg Mar.  3, 1883
+Washington             C.H. Hanford       Seattle      -------- 1889
+West Virginia          John J.Jackson, Jr Parkersburg  Aug.  3, 1861
+Wisconsin:
+ Eastern District      W.H. Seaman        Sheboygan    -------- 1898
+ Western    "          Romanzo E. Bunn    Madison      Oct. 30, 1877
+Wyoming                John A. Riner      Cheyenne     -------- 1890
+
+
+CORRESPONDING OFFICERS OF U.S. ARMY AND NAVY.
+
+FIELD OFFICERS:
+
+ 1 General, $13,500.
+ 2 Lieutenant General, $11,000.
+ 3 Major Generals, $7,500.
+ 4 Brigadier Generals, $5,500.
+
+REGIMENTAL OFFICERS:
+
+ 5 Colonels, $3,500 to $4,500.
+ 6 Lieutenant Colonels, $3,000 to $4,000.
+ 7 Majors, $2,500 to $3,500.
+
+COMPANY OFFICERS:
+
+ 8 Captains, $1,800 to $2,800.
+ 9 First Lieutenants, $1,500 to $2,240.
+10 Second Lieutenants, $1,400 to $2,100
+
+FLEET OFFICERS:
+
+ 1 Admiral, $13,000.
+ 2 Vice-Admiral, $9,000.
+ 3 Rear Admirals, $6,000.
+ 4 Commodores, $5,000.
+
+SHIP OFFICERS:
+
+ 5 Captains, $4,500
+ 6 Commanders, $3,500.
+ 7 Lieutenant Commanders, $2,800.
+
+SUBORDINATE SHIP OFFICERS:
+
+ 8 Lieutenants, $2,400 to $2,600.
+ 9 Masters, $1,800 to $2,000.
+10 Ensigns, $1,200 to $1,400.
+
+For names of officers, see Political Almanac.
+
+
+JUSTICES OF THE UNITED STATES SUPREME COURT. (Names of the Chief Justices
+in italics)
+
+                          SERVICE
+NAME                        TERM    YEARS BORN DIED
+_John Jay_, N Y      1789 1795    6  1745 1829
+John Rutledge, S C        1789 1791    2  1739 1800
+William Cushing, Mass     1789 1800   21  1733 1810
+James Wilson, Pa          1789 1798    9  1742 1798
+John Blair, Va            1789 1796    7  1732 1800
+Robert H Harrison, Md     1789 1790    1  1745 1790
+James Iredell, N C        1790 1799    9  1751 1799
+Thomas Johnson, Md        1791 1793    2  1732 1819
+William Paterson, N J     1793 1806   13  1745 1806
+_John Rutledge_, S C 1795            1739 1800
+Samuel Chase, Md          1796 1811   15  1741 1811
+_Oliver Ellsworth_,
+  Ct                      1796 1800    5  1745 1807
+Bushrod Washington, Va    1798 1829   31  1762 1829
+Alfred Moore, N C         1799 1804    5  1755 1835
+_John Marshall_, Va  1801 1835   34  1771 1834
+William Johnson, S C      1804 1834   30  1757 1823
+Brock Livingston, N Y     1806 1823   17  1765 1826
+Thomas Todd, Ky           1807 1826   19  1765 1826
+Joseph Story, Mass        1811 1845   34  1770 1846
+Gabriel Duval, Md         1811 1836   25  1732 1844
+Smith Thompson, N Y       1823 1843   20  1767 1843
+Robert Trimble, Ky        1826 1828    2  1777 1828
+John McLean, Ohio         1829 1861   32  1785 1861
+Henry Baldwin, Pa         1830 1844   16  1779 1844
+James M Wayne, Ga         1835 1867   32  1790 1867
+_Roger B Taney_, Md  1836 1864   28  1777 1864
+Philip P Barbour, Va      1836 1841    5  1783 1841
+John Catron, Tenn         1837 1865   28  1786 1865
+John McKinley, Ala        1837 1852   15  1780 1852
+Peter V Daniel, Va        1841 1860   19  1785 1860
+Samuel Nelson, N Y        1845 1872   27  1792 1873
+Levi Woodbury, N H        1845 1851    6  1789 1851
+Robert C Grier, Pa        1846 1870   23  1794 1870
+Benj R Curtis, Mass       1851 1857    6  1800 1874
+John A Campbell, Ala      1853 1861    8  1811 1889
+Nathan Clifford, Maine    1858 1881   23  1803 1881
+Noah H Swayne, Ohio       1861 1881   20  1804 1884
+Samuel F Miller, Iowa     1862 1890   28  1816 1890
+David Davis, Ill          1862 1877   15  1815 1885
+Stephen J Field, Cal      1863            1816
+_Salmon P Chase_,
+  Ohio                    1864 1873    9  1808 1873
+William Strong, Pa        1870 1880   10  1808
+Joseph P Bradley, N J     1870 1892   22  1818 1892
+Ward Hunt, N Y            1872 1882   10  1811 1886
+_Morrison R Waite_,
+  Ohio                    1874 1888   14  1816 1888
+John M Harlan, Ky         1877            1877
+William B Woods, Ga       1880 1887    7  1824 1887
+Stanley Matthews, Ohio    1881 1889    8  1824 1889
+Horace Gray, Mass         1881            1828
+Samuel Blatchford, N Y    1882 1893   11  1820 1893
+Lucius Q C Lamar, Miss    1888 1993    5  1825 1893
+_Melville W Fuller_,
+  Ill                     1888            1833
+David J Brewer, Kan       1889            1837
+Henry B Brown, Mich       1890            1836
+George Shiras Jr, Pa      1892            1832
+Howell D Jackson, Tenn    1893 1895    2  1832 1895
+Edward D White, La        1893            1845
+Rufus W Peckham           1895            1837
+
+
+UNITED STATES MILITARY ACADEMY AT WEST POINT.
+
+Each Congressional District and Territory--also the District of Columbia--
+is entitled to have one cadet at the Academy. There are also ten
+appointments at large, specially conferred by the President of the United
+States. The number of students is thus limited to three hundred and
+seventy-one.
+
+Appointments are usually made one year in advance of date of admission, by
+the Secretary of War, upon the nomination of the Representative. These
+nominations may either be made after competitive examinations or given
+direct, at the option of the Representative. Appointees to the Military
+Academy must be between seventeen and twenty-two years of age, free from
+any infirmity which may render them unfit for military service, and able
+to pass a careful examination in reading, writing, orthography,
+arithmetic, grammar, geography, and history of the United States.
+
+The course of instruction, which is quite thorough, requires four years,
+and is largely mathematical and professional. About one-fourth of those
+appointed usually fail to pass the preliminary examination, and but little
+over one-half the remainder are finally graduated. The discipline is very
+strict--even more so than in the army--and the enforcement of penalties
+for offences is inflexible rather than severe. Academic duties begin
+September 1 and continue until June 1. Examinations are held in each
+January and June.
+
+From about the middle of June to the end of August cadets live in camp,
+engaged only in military duties and receiving practical military
+instruction. Cadets are allowed but one leave of absence during the four
+years' course, and this is granted at the expiration of the first two
+years. The pay of a cadet is five hundred and forty dollars per year. Upon
+graduating, cadets are commissioned as second lieutenants in the United
+States Army.
+
+The Academy was established by act of Congress in 1802. An annual Board of
+Visitors is appointed, seven being appointed by the President of the
+United States, two by the President of the Senate, and three by the
+Speaker of the House of Representatives. They visit the Academy in June,
+and are present at the concluding exercises of the graduating class of
+that year.
+
+
+UNITED STATES NAVAL ACADEMY AT ANNAPOLIS.
+
+There are allowed at the Academy one naval cadet for each Member or
+Delegate of the United States House of Representatives, one for the
+District of Columbia, and ten at large. The appointment of cadets at large
+and for the District of Columbia is made by the President. The Secretary
+of the Navy, as soon after March 5 in each year as possible, must notify
+in writing each Member and Delegate of the House of Representatives of any
+vacancy that may exist in his district. The nomination of a candidate to
+fill the vacancy is made, on the recommendation of the Member or Delegate,
+by the Secretary. Candidates must be actual residents of the districts
+from which they are nominated.
+
+The course of naval cadets is six years, the last two of which are spent
+at sea. Candidates at the time of their examination for admission must be
+not under fifteen nor over twenty years of age, and physically sound, well
+formed, and of robust condition. They enter the Academy immediately after
+passing the prescribed examinations, and are required to sign articles
+binding themselves to serve in the United States Navy eight years
+(including the time of probation at the Naval Academy), unless sooner
+discharged. The pay of a naval cadet is five hundred dollars a year,
+beginning at the date of admission.
+
+At least ten appointments from among the graduates are made each year.
+Surplus graduates who do not receive appointments are given a certificate
+of graduation, an honorable discharge, and one year's sea pay.
+
+The Academy was founded in 1845 by the Hon. George Bancroft, Secretary of
+the Navy in the administration of President Polk. It was formally opened
+October 10 of that year, with Commander Franklin Buchanan as
+Superintendent. During the Civil War it was removed from Annapolis, Md.,
+to Newport, R.I., but was returned to the former place in 1865. It is
+under the direct supervision of the Bureau of Navigation, Navy Department.
+
+
+REPRESENTATION IN CONGRESS FOR EACH DECADE WITH RATIOS.
+
+[Transcriber's Note: This table went horizontally across two pages, so
+it's given in pieces, with line numbers, as some of the others were.]
+
++===+===============+========+=======+=======+=======+=======+=======+
+|   |Ratios         |Consti- |33,900 |33,900 |35,000 |40,000 |47,000 |
+|   |               |tution  |       |       |       |       |       |
+|   +===============+========+=======+=======+=======+=======+=======+
+|   |States         |1787    |1790   |1800   |1810   |1820   |1830   |
++===+===============+========+=======+=======+=======+=======+=======+
+|1  |Alabama        |....    |....   |....   |1[1]   |8      |5      |
+|2  |Arkansas       |....    |....   |....   |....   |....   |1[1]   |
+|3  |California     |....    |....   |....   |....   |....   |....   |
+|4  |Colorado       |....    |....   |....   |....   |....   |....   |
+|5  |Connecticut    |5       |7      |7      |7      |6      |6      |
+|6  |Delaware       |1       |1      |1      |2      |1      |1      |
+|7  |Florida        |....    |....   |....   |....   |....   |....   |
+|8  |Georgia        |3       |2      |4      |6      |7      |9      |
+|9  |Idaho          |....    |....   |....   |....   |....   |....   |
+|10 |Illinois       |....    |....   |....   |1[1]   |1      |8      |
+|11 |Indiana        |....    |....   |....   |1[1]   |3      |7      |
+|12 |Iowa           |....    |....   |....   |....   |....   |....   |
+|13 |Kansas         |....    |....   |....   |....   |....   |....   |
+|14 |Kentucky       |....    |2[1]   |6      |10     |12     |13     |
+|15 |Louisiana      |....    |....   |....   |1[1]   |3      |3      |
+|16 |Maine          |....    |....   |....   |7[1]   |7      |8      |
+|17 |Maryland       |8       |8      |9      |9      |9      |8      |
+|18 |Massachusetts  |8       |14     |17     |20     |13     |12     |
+|19 |Michigan       |....    |....   |....   |....   |....   |1[1]   |
+|20 |Minnesota      |....    |....   |....   |....   |....   |....   |
+|21 |Mississippi    |....    |....   |....   |1[1]   |1      |3      |
+|22 |Missouri       |....    |....   |....   |....   |1[1]   |2      |
+|23 |Montana        |....    |....   |....   |....   |....   |....   |
+|24 |Nebraska       |....    |....   |....   |....   |....   |....   |
+|25 |Nevada         |....    |....   |....   |....   |....   |....   |
+|26 |New Hampshire  |3       |4      |5      |6      |6      |5      |
+|27 |New Jersey     |4       |5      |6      |6      |6      |6      |
+|28 |New York       |6       |10     |17     |27     |34     |40     |
+|29 |North Carolina |5       |10     |12     |13     |13     |13     |
+|30 |North Dakota   |....    |....   |....   |....   |....   |....   |
+|31 |Ohio           |....    |....   |1[1]   |6      |14     |19     |
+|32 |Oregon         |....    |....   |....   |....   |....   |....   |
+|33 |Pennsylvania   |8       |13     |18     |23     |25     |28     |
+|34 |Rhode Island   |1       |2      |2      |2      |2      |2      |
+|35 |South Carolina |5       |6      |8      |9      |9      |9      |
+|36 |South Dakota   |....    |....   |....   |....   |....   |....   |
+|37 |Tennessee      |....    |1[1]   |3      |6      |9      |13     |
+|38 |Texas          |....    |....   |....   |....   |....   |....   |
+|39 |Utah           |....    |....   |....   |....   |....   |....   |
+|40 |Vermont        |....    |2[1]   |4      |6      |5      |5      |
+|41 |Virginia       |10      |19     |22     |23     |22     |12     |
+|42 |Washington     |....    |....   |....   |....   |....   |....   |
+|43 |West Virginia  |....    |....   |....   |....   |....   |....   |
+|44 |Wisconsin      |....    |....   |....   |....   |....   |....   |
+|45 |Wyoming        |....    |....   |....   |....   |....   |....   |
++===+===============+========+=======+=======+=======+=======+=======+
+|46 |Totals         |65      |106    |142    |193    |213    |234    |
++===+===============+========+=======+=======+=======+=======+=======+
+
+REPRESENTATION IN CONGRESS FOR EACH DECADE WITH RATIOS.
+
+[Transcriber's Note: Continued from previous table.]
+
++===+=======+=======+========+========+========+========+=======+
+|   |70,680 |93,420 |127,000 |131,425 |151,912 |173,901 |47,000 |
+|   +=======+=======+========+========+========+========+=======+
+|   |1840   |1850   |1860    |1870    |1880    |1890    |1830   |
++===+=======+=======+========+========+========+========+=======+
+|1  |7      |7      |6       |8       |8       |9       |5      |
+|2  |1      |2      |3       |4       |5       |6       |1[1]   |
+|3  |2[1]   |2      |3       |4       |6       |7       |....   |
+|4  |....   |....   |....    |1[1]    |1       |2       |....   |
+|5  |4      |4      |4       |4       |4       |4       |6      |
+|6  |1      |1      |1       |1       |1       |1       |1      |
+|7  |1[1]   |1      |1       |2       |2       |2       |....   |
+|8  |8      |8      |7       |9       |10      |11      |9      |
+|9  |....   |....   |....    |....    |....    |....    |....   |
+|10 |7      |9      |14      |19      |20      |22      |8      |
+|11 |10     |11     |11      |13      |13      |13      |7      |
+|12 |2[1]   |2      |6       |9       |11      |11      |....   |
+|13 |....   |....   |1[1]    |3       |7       |8       |....   |
+|14 |10     |10     |9       |10      |11      |11      |13     |
+|15 |4      |4      |5       |6       |6       |6       |3      |
+|16 |7      |6      |5       |5       |4       |4       |8      |
+|17 |6      |6      |5       |6       |6       |6       |8      |
+|18 |10     |11     |10      |11      |12      |13      |12     |
+|19 |3      |4      |6       |9       |11      |12      |1[1]   |
+|20 |....   |2[1]   |2       |3       |5       |7       |....   |
+|21 |4      |5      |5       |6       |7       |7       |3      |
+|22 |5      |7      |9       |13      |14      |15      |2      |
+|23 |....   |....   |....    |....    |1[1]    |1       |....   |
+|24 |....   |....   |1[1]    |1       |3       |6       |....   |
+|25 |....   |....   |1[1]    |1       |1       |1       |....   |
+|26 |4      |3      |3       |3       |2       |2       |5      |
+|27 |5      |5      |5       |7       |7       |8       |6      |
+|28 |34     |33     |31      |33      |34      |34      |40     |
+|29 |9      |8      |7       |8       |9       |9       |13     |
+|30 |....   |....   |....    |....    |1[1]    |1       |....   |
+|31 |21     |21     |19      |20      |21      |21      |19     |
+|32 |....   |1[1]   |1       |1       |1       |2       |....   |
+|33 |24     |25     |24      |27      |28      |30      |28     |
+|34 |2      |2      |2       |2       |2       |2       |2      |
+|35 |7      |6      |4       |5       |7       |7       |9      |
+|36 |....   |....   |....    |....    |2[1]    |2       |....   |
+|37 |11     |10     |8       |10      |10      |10      |13     |
+|38 |2[1]   |2      |4       |6       |11      |13      |....   |
+|39 |....   |....   |....    |....    |....    |1[1]    |....   |
+|40 |4      |3      |3       |3       |2       |2       |5      |
+|41 |15     |13     |11      |9       |10      |10      |12     |
+|42 |....   |....   |....    |....    |1[1]    |2       |....   |
+|43 |....   |....   |3[1]    |3       |4       |4       |....   |
+|44 |2[1]   |3      |6       |8       |9       |10      |....   |
+|45 |....   |....   |....    |....    |....    |1       |....   |
++===+=======+=======+========+========+========+========+=======+
+|46 |232    |246    |246     |293     |330     |357     |234    |
++===+=======+=======+========+========+========+========+=======+
+
+REPRESENTATION IN CONGRESS FOR EACH DECADE WITH RATIOS.
+
+[Transcriber's Note: The data below is from the same table, but can stand
+on its own.]
+
++===============+=================================+
+|States         |Territory, How Obtained          |
++===============+=================================+
+|Alabama        |Ceded by S.C. and Ga.            |
+|Arkansas       |Part of Louisiana purchase.      |
+|California     |Ceded by Mexico.                 |
+|Colorado       |From France and Mexico.          |
+|Connecticut    |One of original thirteen.        |
+|Delaware       |One of original thirteen.        |
+|Florida        |Part of Florida purchase.        |
+|Georgia        |One of original thirteen.        |
+|Idaho          |Part of "Oregon Country."        |
+|Illinois       |Ceded to U.S. by Virginia.       |
+|Indiana        |Ceded to U.S. by Virginia.       |
+|Iowa           |Part of Louisiana Purchase.      |
+|Kansas         |From France and Texas.           |
+|Kentucky       |Ceded to U.S. by Virginia.       |
+|Louisiana      |Part of Louisiana Purchase.      |
+|Maine          |From Massachusetts.              |
+|Maryland       |One of original thirteen.        |
+|Massachusetts  |One of original thirteen.        |
+|Michigan       |Ceded to U.S. by Virginia.       |
+|Minnesota      |From Virginia and France.        |
+|Mississippi    |Ceded by Ga. and S. Carolina.    |
+|Missouri       |Part of Louisiana purchase.      |
+|Montana        |Part of Louisiana purchase.      |
+|Nebraska       |Part of Louisiana purchase.      |
+|Nevada         |Part of Mexican cession.         |
+|New Hampshire  |One of original thirteen.        |
+|New Jersey     |One of original thirteen.        |
+|New York       |One of original thirteen.        |
+|North Carolina |One of original thirteen.        |
+|North Dakota   |Part of Louisiana purchase.      |
+|Ohio           |Ceded to U.S. by Virginia.       |
+|Oregon         |France, Spain and Great Britain. |
+|Pennsylvania   |One of original thirteen.        |
+|Rhode Island   |One of original thirteen.        |
+|South Carolina |One of original thirteen.        |
+|South Dakota   |Part of Louisiana purchase.      |
+|Tennessee      |Ceded to U.S. by N. Carolina.    |
+|Texas          |Independent republic.            |
+|Utah           |Part of Mexican cession.         |
+|Vermont        |Ceded to U.S. by New York.       |
+|Virginia       |One of original thirteen.        |
+|Washington     |Exploration and treaty.          |
+|West Virginia  |Portion of Virginia.             |
+|Wisconsin      |Ceded to U.S. by Virginia.       |
+|Wyoming        |Part of "Oregon Country."        |
++===============+=================================+
+
+
+TABULAR VIEW OF THE STATE GOVERNMENT OF MINNESOTA
+
+
+Senators/Representatives:
+  Created   : Constitution.
+  How Chosen: By the People in Senatorial Districts.
+  Duties    : Make Laws.
+  Beginning : First Monday in January.
+  Vacancy   : New Election.
+  Bonds     : None.
+
+Senators:
+  No.       : 63
+  Duties    : Try Impeachments, Confirm Appointments.
+  Term      : 4 years.
+  Removal   : 2/3 of Senate.
+  Salary    : $5 a day and Mileage.
+
+Representatives:
+  No.       : 119
+  Duties    : Impeach, Originate Revenue Bills.
+  Term      : 2 years.
+  Removal   : 2/3 of H. of R.
+  Salary    : $5 a day and Mileage; Speaker, $10.
+
+
+Governor/Lieutenant-Governor/State Auditor/State
+Treasurer/Secretary of State/Attorney General:
+  Created   : By the Constitution.
+  No.       : 1
+  How Chosen: By the People of the State on a General Ticket.
+  Beginning : First Monday in January.
+  Removal   : Impeachment by House of R. and Conviction by Senate.
+
+Governor:
+  Duties    : Execute Laws, Veto, Appointments, Pardons.
+  Term      : 2 years.
+  Vacancy   : Lieut.-Gov.
+  Bonds     : None.
+  Salary    : $5,000 a year.
+
+Lieutenant-Governor:
+  Duties    : Preside over Senate, Act as Governor in Vacancy.
+  Term      : 2 years.
+  Vacancy   : Not filled.
+  Bonds     : None.
+  Salary    : $10 a day during Leg.
+
+State Auditor:
+  Duties    : Book-Keeper, Examine Accounts, Warrants,
+              Land Commissioner.
+  Term      : 4 years.
+  Vacancy   : Appointment by Governor till next Election.
+  Bonds     : $20,000
+  Salary    : $3,600 a year.
+
+State Treasurer:
+  Duties    : Act as Custodian of State Funds.
+  Term      : 2 years.
+  Vacancy   : Appointment by Governor till next Election.
+  Bonds     : $400,000
+  Salary    : $3,500 a year.
+
+Secretary of State:
+  Duties: Keep State Papers and Great Seal, Manual, Public Printing.
+  Term      : 2 years.
+  Vacancy   : Appointment by Governor till next Election.
+  Bonds     : None.
+  Salary    : $3,500 a year.
+
+Attorney General:
+  Duties: Represent State in Suits, Legal Advice to other
+          State Officers.
+  Term      : 2 years.
+  Vacancy   : Appointment by Governor till next Election.
+  Bonds     : None.
+  Salary    : $3,500 a year.
+
+
+State Supt. Pub. Inst./Public Examiner/State Librarian/Insurance
+Commissioner/State Oil Inspector/Dairy Commissioner/:
+  Created   : Except Librarian, by Statute.
+  No.       : 1
+  How Chosen: Appointed by the Governor and Confirmed by the Senate.
+  Term      : 2 years.
+  Beginning : First Monday in January.
+  Removal   : By Governor after due Examination.
+  Vacancy   : New Appointment made by Governor.
+
+State Supt. Pub. Inst.:
+  Duties    : Act as Chief Educational Officer, Secretary of
+              Educational Boards.
+  Bonds     : None.
+  Salary    : $2,500 a year.
+
+Public Examiner:
+  Duties    : Inspect Books, &c., of State and County Financial Officers.
+  Bonds     : $50,000
+  Salary    : $3,500 a year.
+
+State Librarian:
+  Duties    : Take care of State Library.
+  Bonds     : $2,000
+  Salary    : $2,000 a year.
+
+R.R. Commissioners:
+  Created   : By Statute.
+  No.       : 3
+  Duties    : Regulate Railroads and Warehouses, Appoint Grain
+              Inspectors.
+  How Chosen: Appointed by the Governor and Confirmed by the Senate.
+  Term      : 2 years.
+  Beginning : First Monday in January.
+  Removal   : By Governor after due Examination.
+  Vacancy   : New Appointment made by Governor.
+  Bonds     : $20,000 each.
+  Salary    : $3,000 each.
+
+Insurance Commissioner:
+  Duties    : Authorize Operation of Insurance Companies.
+  Bonds     : $5,000
+  Salary    : $2,000 of Fees.
+
+State Oil Inspector:
+  Duties    : Render the Use of Illuminating Oils Safe.
+  Bonds     : $5,000
+  Salary    : Fees.
+
+Dairy Commissioner:
+  Duties    : Regulate Sale of Dairy Products.
+  Bonds     : None.
+  Salary    : $1,800 and Expenses.
+
+Surveyors-General:
+  Created   : By Statute.
+  No.       : 7
+  Duties    : Scale Logs, Record Marks, Secure Laborers' Liens.
+  How Chosen: Appointed by the Governor and Confirmed by the Senate.
+  Term      : 2 years.
+  Beginning : First Monday in January.
+  Removal   : By Governor after due Examination.
+  Vacancy   : New Appointment made by Governor.
+  Bonds     : $5,000
+  Salary    : Fees.
+
+
+Administrative Boards/Boards of Trustees:
+  Created   : By Statute.
+  No.       : Varies
+  How Chosen: Appointed as Above.
+  Term      : Various.
+  Beginning : Specified in Appointment.
+  Removal   : By Governor after due Examination.
+  Vacancy   : New Appointment made by Governor.
+  Bonds     : None.
+  Salary    : None, except Sec.
+
+Administrative Boards:
+  Duties    : Immigration, Health, Fisheries, Charities, Taxes.
+
+Boards of Trustees:
+  Duties    : State Institutions, Educational, Charitable and Penal.
+
+
+Justices of Supreme Court:
+  Created   : Constitution.
+  No.       : 5
+  Duties    : Interpret Laws, Try Appealed Cases.
+  How Chosen: By People of State.
+  Term      : 6 years.
+  Beginning : First Monday in January.
+  Removal   : Impeachment and Conviction.
+  Vacancy   : Same as Auditor, etc.
+  Bonds     : None.
+  Salary    : $5,000 a year.
+
+Clerk of Supreme Court:
+  Created   : Constitution.
+  No.       : 1
+  Duties    : Keep Records of Supreme Court.
+  How Chosen: By People of State.
+  Term      : 4 years.
+  Beginning : First Monday in January.
+  Removal   : Impeachment and Conviction.
+  Vacancy   : Same as Auditor, etc.
+  Bonds     : $1,000
+  Salary    : $1,500 a year and fees.
+
+Justices of District Courts:
+  Created   : Constitution.
+  No.       : 21
+  Duties    : Establish Justice in Counties.
+  How Chosen: By People in Judicial Dist.
+  Term      : 6 years.
+  Beginning : First Monday in January.
+  Removal   : Impeachment and Conviction.
+  Vacancy   : Same as Auditor, etc.
+  Bonds     : None.
+  Salary    : $3,500 a year.
+
+
+
+
+APPENDIX C.--HOW SOME THINGS ARE DONE.
+
+
+HOW TAXES ARE LEVIED.
+
+Definitions.--Taxes may be defined as the moneys contributed by the people
+to defray the public expenses. They are spoken of as direct and indirect,
+the former being paid as taxes, the latter as part of the price of a
+commodity.
+
+Within the State.--Local and state taxes are all direct. They are meant to
+be proportioned to a person's ability to pay. In fact, however, a person's
+tax is based upon the value of his _discoverable property_. The value of
+such property is estimated by local officers called assessors. The
+estimates of these officers are reviewed by the local board, and the
+reviewed estimates are again examined and equalized by the county board.
+But assessors, local boards, and county boards are all tempted to make the
+estimates low, to reduce their share of taxation for the use of the state.
+So a final review is made by the state board of equalization. The final
+estimates being reported to the computing officer, and the various sums to
+be raised having been reported to him, he finds the _rate_ of taxation,
+computes the taxes, and turns the books over to the collecting officer.
+
+Certain classes of property are exempt from taxation. Among those usually
+exempt may be mentioned property owned by the United States, the state, or
+the municipal corporation; church property; educational and charitable
+institutions; and a certain amount of personal property. United States
+bonds cannot be taxed.
+
+By the General Government.--The sources of revenue to the general
+government are: 1, customs; 2, excises; 3, direct taxes; 4, public lands;
+5, receipts from post offices, patents, copyrights, fines, escheats, &c.
+The last two classes cannot be called taxes. As it cannot compel a state
+to collect taxes for it, the general government is practically barred, on
+account of expense, from laying direct taxes. So that it is practically
+true that national taxation is all indirect. The "customs" are duties on
+imports. The "excises," or internal revenue, consist of taxes on tobacco,
+fermented and alcoholic liquors, &c.
+
+A Difficult Problem.--Though taxes have been levied for untold centuries,
+it is still one of the unsolved problems how to levy them so as to be just
+to all. Much progress has been made, but entirely satisfactory answers
+have not yet been wrought out to the questions: What are the proper things
+to tax? For what purposes should taxes be levied?
+
+
+HOW THE GOVERNMENT BORROWS.
+
+When an individual wishes to borrow money, he looks around for some one
+who has the money to spare and who has confidence enough in him to let him
+have it. He gives his note or bond, and gets the money. Similarly the
+United States borrows. The secretary of the treasury looks for lenders in
+the money-centers of the world, consults great banking-houses, and
+sometimes advertises in newspapers.
+
+A private borrower pays for the use of the money, and similarly the debt
+of the United States is largely interest-bearing. The notes called
+"greenbacks" bear no interest, because, being legal tender, they circulate
+as money, as do also the gold and silver certificates of deposit.
+
+
+HOW NATIONAL BANKS ARE ESTABLISHED.
+
+Organization.--Associations for carrying on the business of banking may be
+formed by any number of natural persons not less than five. A signed and
+certified copy of the articles of association is forwarded to the
+comptroller of the currency; also a certificate giving the name of the
+association, its place of business, its capital, the number of shares and
+their owners.
+
+Capital.--The minimum capital required is: in cities of less than 6000
+inhabitants, $50,000; less than 50,000 inhabitants, $100,000; others,
+$200,000.
+
+Powers.--Such associations have the usual corporate and banking powers. In
+addition, they may issue their notes to circulate as currency on the
+following conditions: Upon depositing with the U. S. Treasurer registered
+bonds of the United States, to an amount not less than $30,000 nor less
+than one-third of its capital, the bank receives from the comptroller of
+the currency blank notes of face value not to exceed ninety per cent of
+the par value of the bonds. These notes, after being signed by the
+president and the cashier of the bank, may circulate as money, but are not
+legal tender for private debts.
+
+
+HOW TO OBTAIN A COPYRIGHT.
+
+[By A. R. Spofford, Librarian of Congress]
+
+Every applicant for a copyright must state distinctly the name and
+residence of the claimant, and whether right is claimed as author,
+designer, or proprietor. No affidavit or formal application is required.
+
+A printed copy of the title of the book, map, chart, dramatic or musical
+composition, engraving, cut, print, or photograph, or a description of the
+painting, drawing, chromo, statue, statuary, or model or design for a work
+of the fine arts, for which copyright is desired, must be sent by mail or
+otherwise, prepaid, addressed, "Librarian of Congress, Washington, D.C."
+This must be done before publication of the book or other article.
+
+A fee of 50 cents, for recording the title of each book or other article,
+must be inclosed with the title as above, and 50 cents in addition (or one
+dollar in all) for each certificate of copyright under seal of the
+Librarian of Congress, which will be transmitted by early mail.
+
+Within ten days after publication of each book or other article, two
+complete copies must be sent prepaid, or under free labels, furnished by
+the Librarian, to perfect the copyright, with the address, "Librarian of
+Congress, Washington, D.C."
+
+No copyright is valid unless notice is given by inserting in every copy
+published, "Entered according to the act of Congress, in the year ----, by
+----, in the office of the Librarian of Congress, at Washington," or, at
+the option of the person entering the copyright, the words "Copyright,
+18--, by ----."
+
+The law imposes a penalty of $1*0 [Transcriber's Note: Illegible] upon any
+person who has not obtained copyright who shall insert the notice "Entered
+according to act of Congress," or "Copyright," or words of the same
+import, in or upon any book or other article.
+
+Each copyright secures the exclusive right of publishing the book or
+article copyrighted for the term of twenty-eight years. Six months before
+the end of that time, the author or designer, or his widow or children,
+may secure a renewal for the further term of fourteen years, making
+forty-two years in all.
+
+Any copyright is assignable in law by any instrument of writing, but such
+assignment must be recorded in the office of the Librarian of Congress
+within sixty days from its date. The fee for this record and certificate
+is one dollar.
+
+A copy of the record (or duplicate certificate) of any copyright entry
+will be furnished, under seal, at the rate of fifty cents.
+
+Copyrights cannot be granted upon Trade-marks, nor upon Labels intended to
+be used with any article of manufacture. If protection for such prints or
+labels is desired, application must be made to the Patent Office, where
+they are registered at a fee of $6 for labels and $25 for trade-marks.
+
+Up to 1849 the secretary of state had the care of issuing copyrights. It
+was then assigned to the department of the interior, newly created. In
+1870 it was transferred to the librarian of congress.
+
+
+HOW TO OBTAIN A PATENT.
+
+1. The person desiring a patent must declare upon oath that he believes
+himself to be the inventor or discoverer of the art, machine, or
+improvement for which he solicits the patent.
+
+2. He must also give in writing a definite and minute description of it,
+accompanied by drawings to illustrate. If necessary, he must make and
+deliver to the commissioner of patents a model of his invention.
+
+To be patentable, the invention must be new, unused and unknown before,
+and useful.
+
+The invention is carefully examined by the appropriate expert at the
+patent office, and if found to be deserving a patent is issued, signed by
+the secretary of the interior, countersigned by the commissioner of
+patents, and sealed with his seal. This gives the patentee the sole right
+of manufacture and sale and use for seventeen years. The right to make,
+sell, or use the invention may be sold by the patentee. He may assign the
+patent entire, an interest in it, or the exclusive right for a certain
+specified district.
+
+
+HOW AN ALIEN BECOMES A CITIZEN.
+
+1. Declaration of Intention.--An alien, who has come to the United States
+after reaching the age of eighteen, may appear before any court of record
+in the United States having common law jurisdiction, or the clerk thereof,
+and declare upon oath that it is _bona fide_ his intention to become a
+citizen of the United States, and to renounce forever "all allegiance to
+any foreign prince, potentate, state, or sovereignty whatever," and
+particularly by name the potentate or sovereignty whereof such alien may
+at any time have been a citizen or subject. This declaration is recorded,
+and a certified copy of it is furnished by the clerk of the court to the
+person so declaring his intention. He is then said to have his "first
+papers." See page 290. 2. The Final Step.--After two years from the time
+of declaring his intention, provided that he has resided in the United
+States continuously for five years, and also at least one year within the
+state or territory wherein the court is held, he may appear in open court
+and there upon oath renounce all allegiance, as declared in his statement
+of intention, and swear to support the constitution of the United States.
+If he has borne any hereditary title, he must renounce it. He must have
+two witnesses to certify to his residence and to his moral character.
+These proceedings are recorded, and he is given a certificate of
+naturalization. See page 201.
+
+An alien arriving in the United States before reaching the age of eighteen
+and continuously residing therein until making his application for
+citizenship, provided that he has resided in the United States five years,
+may on coming of age be admitted to citizenship at once, without the
+interval between the declaration and the consummation. He must, however,
+make declaration, must prove his moral character by two witnesses, and
+must satisfy the court that for three years it has been _bona fide_ his
+intention to become a citizen of the United States.
+
+Status of Minors.--The naturalization of a man confers citizenship upon
+his wife and upon such of his children as are minors at the time. A child
+of his born in this country, either before or after his naturalization, is
+a "natural-born" citizen. This is also the case if the child is born on
+the ocean while the parents are coming to this country, provided that they
+are coming with the intention of seeking citizenship. If an alien dies
+after declaring his intention, his wife and minor children may become
+citizens upon taking the oath required.
+
+Losing Citizenship.--By treaties with Austria, Baden, Bavaria, Belgium,
+Great Britain, Germany, the Grand Duchy of Hesse, Mexico, Norway and
+Sweden, Denmark, and Wurtemberg, it is provided that "a renewal of
+domicile in the mother country, with the intent not to return (and two
+years residence is presumptive evidence of such intent), shall work
+renewal of the former allegiance."
+
+In some of the treaties it is further provided that when the subject has
+emigrated to avoid military duty, "the right to exact which was complete
+before his departure, such service may be enforced on his return in spite
+of intervening naturalization." (See also U.S. Revised Statutes of 1878,
+§§ 2165-74.)
+
+
+HOW CITIZENS ABROAD ARE PROTECTED.
+
+One of the things that makes citizenship desirable is the protection which
+it secures. This is particularly grateful when one is in a foreign
+country. What a feeling of strength and security one has when far away
+from home among strangers to know that his rights must be respected, to
+realize that behind him is the might of the nation!
+
+Passports.--A United States passport is an instrument in writing, issued
+by the secretary of state and under his seal, informing the world that the
+bearer is a citizen of the United States, that he travels under its
+protection. That passport is a means of identification for the bearer and
+secures to him all the rights and privileges guaranteed to citizens of the
+United States by treaties with the country in which he may be traveling.
+
+Passports, as a means of ingress or egress, are now required in only a few
+countries of Europe. For the convenience of citizens who may have left
+home without securing passports, arrangements have been made whereby they
+may be obtained from our representatives in foreign countries.
+
+Another kind of passport is that for American ships. Each ship-master
+obtains one before leaving for a foreign port. It tells the nationality of
+the ship, shows that she is under the protection of the United States.
+
+Consuls.--These are the business representatives of the government
+residing in foreign lands. They are "the guardians of their countrymen
+against the vexations, injuries, and injustices of the country where they
+reside; and they exercise certain police powers over all the individuals
+of their nation" within their respective consulates.
+
+The origin of consulates dates back to the time of the Crusades. They were
+instituted by the great commercial cities of the Mediterranean. The
+Pisans, Venetians, and Genoese had trading-places in various parts of
+Asia, and they secured from the princes of the countries where these
+trading-posts were located the right to have judges or arbitrators of
+their own nation located at each of these posts who were privileged to
+settle disputes between citizens of these cities in accordance with their
+own laws. At first, then, the consuls were only arbitrators in commercial
+matters. But their prerogatives have increased until now they are
+intrusted with the protection of merchants of their country in their
+relations with the countries to which they come to trade.
+
+In some countries, such as China, Japan, Siam, and Turkey, our consuls are
+by treaty invested with judicial powers. They try and punish American
+citizens for crimes committed there.
+
+Incidentally it is the duty of a consul to provide for sick, disabled or
+destitute American seamen, and to send them home to the United States; to
+receive and take care of the personal property of any American citizen who
+dies within his consulate, and to forward to the secretary of state the
+balance remaining after the necessary funeral expenses, to be held in
+trust for the heirs. (See also page 350.)
+
+Some of the consular reports contain very valuable information regarding
+the products and industries of the countries where they are located. These
+reports can sometimes be obtained in limited numbers through a member of
+congress.
+
+
+HOW WE ARE PROTECTED AT HOME.
+
+Life.--Our lives are protected very carefully, not only against crime, but
+also against accident. Taking human life is made the worst crime and
+suffers the severest punishment. Death-dealing weapons, such as revolvers
+and dirks, cannot lawfully be carried concealed. Poisons are cautiously
+sold, and usually a record is made of the sale. If death results from
+accident the person to blame is held responsible. But every precaution is
+taken to prevent accidents. Lamps are provided for streets; fast driving
+is prohibited; horses are not allowed to be left standing unhitched;
+business dangerous to life, such as powder-making, must be carried on at a
+distance from residences; railroads are required to stop trains at
+crossings, to ring a bell in going through a town, to carry axes and
+buckets to be used in case of fire; steamboats must be inspected, and must
+be supplied with life-boats, life-preservers, and other appliances.
+
+Health.--To protect our health precautions are taken against the outbreak
+of preventable diseases, such as diphtheria, typhoid fever, etc., by
+requiring cleanliness in yards and alleys; and against small pox by
+requiring vaccination. The government also supports hospitals for the care
+of the sick.
+
+Reputation.--To secure to each person as good a reputation as his
+character will warrant it is made a crime to make false and malicious
+statements about any one. If spoken, the malicious statement is called
+slander; if written or printed, it is called libel. The essential elements
+of these crimes are malice and injury. If a false statement is made
+without intent to injure, it is not slander. And a true statement injuring
+another must not be made except for a proper purpose.
+
+Liberty.--This includes all those rights guaranteed in the Bills of Rights
+of the several constitutions, and the right to come and go without
+restraint, the right to choose a vocation and to change it, and other
+rights. To appreciate the protection received in this direction, the
+student should read up the history of each of the guarantees, and of
+caste, curfew, passports, etc.
+
+Property.--"The right of private property covers the acquiring, using, and
+disposing of anything that a person may call his own, including time and
+labor." A person's property rights may be interfered with in so many ways
+that many laws are necessary to protect him. A brief outline of commercial
+law is given elsewhere.
+
+
+HOW ELECTIONS ARE CONDUCTED.
+
+Electors.--The voters of each state are designated by the constitution
+thereof. See page 298.
+
+Time.--The time of elections is usually also a matter of constitutional
+provision. The local (town, village, and city) elections are, in most if
+not all of the states, held in the spring; probably because the public
+improvements contemplated are to be made chiefly in the summer. The
+general elections are held in the fall. This may be partly at least, in
+order that the official year may begin with the calendar year.
+
+Place.--Towns, villages, and city wards are the usual election precincts,
+but any of these may be divided if necessary. The location of the
+polling-place is determined by the convenience of the voters.
+
+Supervision.--Each polling-place is in charge of supervisors of election,
+usually three. In towns and villages, the regular trustees supervise the
+elections. In cities, three persons for each precinct are appointed to act
+by the council or by the mayor. The supervisors are assisted by one or two
+clerks.
+
+Registration.--To prevent fraud, it is required that a person shall have
+been a resident of the precinct in which he offers to vote for at least
+ten days. In the cities, where population fluctuates greatly, it has been
+found necessary to require voters to register before the day of election;
+that is, to enroll their names and places of residence with the officers
+of election.
+
+Notices.--Due notice of the times and places of registration and election
+is given, at least ten days in advance.
+
+Voting.--This is by ballot, the two chief reasons being, (_a_) to permit
+the voter to express his choice uninfluenced by any one else; (_b_) to
+facilitate the voting.
+
+The voter hands to the chairman of the supervisors his ballot, folded so
+as to conceal the names. After ascertaining from the other supervisors
+that the name of the person offering the vote is registered, or being
+satisfied in some other way that he is entitled to vote, the chairman, in
+the presence of the voter, deposits the ballot in the box. The voter's
+name is then checked on the register, and enrolled by the clerks on the
+"list of persons who have voted."
+
+Counting.--Each name as it is written by the clerks is numbered, and the
+supervisors in checking the register do so by writing the number of the
+vote. At the close of the polls, therefore, the number of persons who have
+voted is known. The ballots are then turned out of the box upon a table,
+and, without being unfolded, are carefully counted, to see whether they
+correspond in number with the records. If, as once in a while happens, it
+is found that there are too many ballots, those in excess are drawn
+hap-hazard from the pile by the supervisors and destroyed. The ballots are
+then unfolded, and the count of the persons voted for is carefully made
+and recorded. These proceedings are all open to the public.
+
+Reporting.--In local elections, the result of the vote is read by a clerk
+to those present. An abstract of the vote is filed in the office of the
+clerk of the corporation, and a list of the persons elected is sent to the
+auditor (clerk) of the county. The names of the justices of the peace and
+the constables are reported to the clerk of the court.
+
+In general elections, the abstract of the vote is sent to the county
+auditor. He makes a general abstract of the vote of the county on state
+officers, members of congress, and presidential electors, and sends it to
+the state auditor. He also sends to the same officer a list of the persons
+elected to county offices. An abstract of the vote is published in one or
+more of the county papers.
+
+Canvassing Boards.--The persons composing these boards are designated by
+statute. The secretary of the organization is always a member. He is
+usually assisted by two or more judicial officers.
+
+Certificates of Election.--These are furnished to officers-elect by the
+secretary of the organization. Certificates of members of congress and
+presidential electors are signed by the governor and the secretary of
+state, and are authenticated by the state seal.
+
+Defects.--With all the thought that has been given to the subject, it is
+still an unsolved problem how to secure "a free vote and a fair count." Of
+the two purposes given above to be subserved by the use of the ballot
+rather than by _viva voce_ voting, the first is too commonly not realized.
+Perhaps the greatest danger to our government is bribery or overawing of
+the voter.
+
+A remedy suggested.--The main reliance for the purity of the ballot must
+of course be the intelligence and uprightness of the people, and he who
+enlightens and uplifts one or more individuals is to that extent truly a
+patriot.
+
+The second reliance is the removal of temptation. There may be "honor
+among thieves," but wrong doing makes a person suspicious, and if the
+briber cannot see the bribed deposit his ballot he has no good reason for
+believing that he did as directed.
+
+In Australia they have a plan which seems to obviate bribery, and to have
+certain other incidental advantages. The plan includes two main features:
+1. The printing of ballots at state expense, the ballots to contain all
+the nominees of all the parties and appropriate blank spaces for the
+insertion of other names; 2. The secret preparation of the ballot by the
+voter and his casting it in the presence of the officers only. The
+operation of the plan slightly modified, as now proposed in Massachusetts,
+is briefly this: In the polling room as now, is the ballot-box; this none
+but those in the act of voting and the officers are allowed to approach.
+As the voters enter the enclosed area a stile numbers them, and an officer
+hands each a ballot, containing the names of all nominees. The voter takes
+this into a booth, and makes a cross in ink opposite the name of each
+person that he wishes to vote for. Having thus prepared his ballot alone,
+he deposits it in the usual way.
+
+The advantages promised by this plan are obvious. The printing of the
+ballots at state expense would do away with one of the pretexts for
+bleeding a candidate for "legitimate expenses." It would take their
+occupation from the ticket-peddlers, and do away with the deceiving
+"pasters." The electors would be freed from the nuisance of personal
+solicitation or dictation. The polling-places would be quieter and more
+orderly. Best of all, it would greatly minify the evils of bribery for
+reasons given above.
+
+The principle is certainly a good one, and the machinery is worthy of the
+careful consideration of our legislators.
+
+Later: This system is now used in several states.
+
+
+WHY AND HOW NOMINATIONS ARE MADE.
+
+A political party may be defined as a number of persons holding similar
+views in relation to one or more questions of public policy, and who
+through unity of action seek to have these views prevail.
+
+The great instrument for securing unity is the convention. It may be a
+mass meeting, or, as is more usual among the large and well-organized
+parties, a convention of delegates. In either case it is, be it
+remembered, not a part of the elective machinery designed by the
+legislature, but a political device to increase the chances of victory
+through unity of purpose and action.
+
+Party organization consists of "committees"--town, village, city-ward,
+county, state, and national. The local committees are chosen by the
+resident partisans; the county committees by the county conventions; the
+state committees by state conventions; and the national committee,
+consisting usually of one member from each state, by the delegates of the
+respective states to the national convention. Each committee chooses its
+own chairman and secretary. Besides those mentioned, there are district
+committees, such as congressional-district committees, senate-district
+committees, etc., whose members are appointed in a manner similar to that
+given above. The term of a member is, as might be expected, from the close
+of one regular convention to the close of the succeeding one.  Thus a town
+committeeman's term is one year, while that of a national committeeman is
+four years.
+
+The mode of nominating a candidate for the presidency of the United States
+will illustrate the way of making nominations in general.
+
+1. By long-established practice, each state is entitled to twice as many
+delegates to the national convention as the number of its presidential
+electors, and each territory to two delegates. Thus, Minnesota being
+entitled to nine electors, may send eighteen delegates: and New York,
+having thirty-six electors, is entitled to seventy-two delegates. Each
+delegate has an alternate, who acts in the delegate's absence.
+
+2. Though the popular election does not take place until November, the
+national conventions are usually held in June or July. This is probably to
+allow plenty of time for the campaign.
+
+3. To allow the machinery time to grind out the delegates, the national
+committee, having early determined upon the time and place for holding the
+convention, issues its "call" some months in advance, say in February or
+March. This is published in the newspapers throughout the country.
+
+4. The next step in the process is the issuance of calls by the several
+state committees. These are issued as soon as practicable after that of
+the national committee, and usually appoint the state convention for the
+latter part of May.
+
+5. In some states all of the delegates to the national convention are
+chosen by the state convention. But the number of states is increasing,
+and properly so, in which each congressional district chooses its own two
+delegates, leaving only the four "delegates at large" to be chosen by the
+state convention. In these states, the next step is the call of the
+district committee for a convention slightly antedating that of the state.
+
+6. As soon as practicable after the district call is announced, the
+several county committees issue their call for county conventions, to be
+held shortly before the district convention.
+
+7. Lastly, the local committees issue their calls, usually giving a week
+or ten days' notice. The local convention is called a "caucus."
+
+8. Then in succession the local, county, district, state, and national
+conventions are held. The caucuses send representatives to the county
+conventions, which in turn choose the deputations to the district and
+state conventions, and these finally select the delegates to the national
+convention. An equal number of "alternates" are chosen at the same time.
+The state convention also names the presidential electors to be supported
+by the party.
+
+Thus the national convention is the first to be called and the last to be
+held, while the caucuses are the last to be called and the first to be
+held. The caucuses are the real battling-place for the people.
+
+The delegates from each convention receive certificates of election signed
+by the chairman and secretary thereof. These "credentials" are given to
+prevent fraud, and constitute the delegates' title to seats in the
+convention to which they are sent.
+
+The first step taken in the national convention, after securing a
+"temporary organization," is the appointment of a committee on credentials
+and another on permanent organization, by the temporary chairman. When the
+former committee reports, it is known who are entitled to participate in
+the proceedings; and when the latter committee reports, the convention
+almost invariably adopts the report and thereby perfects its organization.
+A committee on rules and one on platform are then appointed.
+
+The states are then called in alphabetical order, and each one that cares
+to, presents to the convention the name of her "favorite son." Thus in the
+republican convention of 1860, when Illinois was called, the name of
+Abraham Lincoln was presented; and when New York was called, the name of
+William H. Seward was presented, and so on.
+
+When the "roll of the states" is completed, the balloting begins. In the
+republican convention, nomination is by majority vote; in the democratic,
+it takes a two-thirds vote to nominate.
+
+The vice-president is then nominated in a similar manner.
+
+After adopting a platform the convention adjourns.
+
+
+HOW CONGRESS IS ORGANIZED. [Footnote: See also Among the Lawmakers,
+chapter III. ]
+
+Though the senate is quite a permanent body, two-thirds of its members
+holding over from one congress to another, its committees are reorganized
+at the beginning of each congress.
+
+The terms of all members of the house of representatives expire March 4 of
+the odd-numbered years, and, though many of the old members are
+re-elected, the house must be reorganized at the beginning of each
+congress. The mode of organizing the house is briefly as follows:
+
+1. At the first session, the house is called to order by the clerk of the
+preceding house, who then calls the roll of members-elect [Footnote: The
+members-elect have previously sent him their certificates of election,
+received from the state canvassing board.] by states. If a quorum is found
+to be present, the clerk declares it to be in order to proceed to the
+election of a speaker. The vote is _viva voce_ on the call of the roll,
+each member when his name is called pronouncing the name of his choice for
+speaker. Election is by majority of the votes given. The result is
+declared by the clerk, who "then designates two members (usually of
+different politics, and from the number of those voted for as speaker) to
+conduct the speaker-elect to the chair; and also one member (usually that
+one who has been longest in continuous service a member of the house) to
+administer to him the oath required by the constitution." [Footnote:
+Manual of the House of Representatives.]
+
+The speaker then administers the oath to the members, in groups of about
+forty, all standing in line before the speaker's desk.
+
+3. The organization is completed by the election of a clerk, a
+sergeant-at-arms; a doorkeeper, a postmaster, and a chaplain. The vote is
+_viva voce_, and the term is "until their successors are chosen and
+qualified"--usually about two years, though all are subject to removal at
+the will of the house.
+
+The delegates from the territories are then sworn in.
+
+"At this stage it is usual for the house to adopt an order that a message
+be sent to the senate to inform that body that a quorum of the house of
+representatives has assembled, and that --------, one of the
+representatives from the state of ----, has been elected speaker, and -----
+---, a citizen of the state of ---, has been chosen clerk, and that the
+house is now ready to proceed to business." [Footnote: Manual of the House
+of Representatives.]
+
+Each house then orders a committee of three members to be appointed, the
+joint committee "to wait upon the president of the United States and
+inform him that a quorum of the two houses has assembled, and that
+congress is ready to receive any communication he may be pleased to make."
+[Footnote: Manual of the House of Representatives.] It is in order then
+for the president to forward his message to congress.
+
+The above are the _usual_ proceedings, and they generally occur on the
+first day of the session.
+
+The seating of the members is by lot, except in the case of certain
+members privileged by very long experience or otherwise, who are by
+courtesy permitted to make the first selection. Each member is numbered,
+and corresponding numbers are placed in a box "and thoroughly
+intermingled." Then the numbers are drawn from the box successively by a
+page, the member whose number is drawn first having first choice of seat,
+and so on. This may be done while the committees are waiting on the
+president, as above described.
+
+
+HOW CONTESTED ELECTIONS ARE SETTLED.
+
+"Each house shall be the judge of the elections, returns, and
+qualifications of its own members."--Constitution, I., 5, 5.
+
+A contested election resembles very much in its mode of settlement the
+trial of a civil suit.
+
+1. Within thirty days after the result of the election is made known, the
+contestant must serve upon the person declared elected by the canvassing
+board a notice of intention to contest his seat, and the grounds therefor.
+
+2. Within thirty days of receiving said notice, the member-elect must
+answer it, stating specifically the grounds of his defense, and must serve
+a copy of this answer upon the contestant.
+
+3. Ninety days are then allowed for the taking of testimony--the first
+forty to the contestant, the second forty to the member-elect, and the
+remaining ten to the contestant for testimony in rebuttal.
+
+Testimony may be taken before any United States, state or municipal judge,
+notary public, or by two justices of the peace. The opposite party must
+have due notice of the times and places of taking the evidence; but
+testimony may be taken at several places at the same time. The witnesses
+are summoned by subpoena served in the usual way. The examination of the
+witnesses is by the officer issuing the subpoena, but either party may
+propose questions. The questions and answers are committed to writing, and
+authenticated.
+
+All the papers in each case, certified, carefully sealed, and the
+envelopes indorsed with name of the case, are sent by mail to Washington,
+addressed to the clerk of the house in which is the contested seat.
+
+The matter is referred to the committee on elections. [Footnote: This is
+the oldest of all the committees, having been established at the beginning
+of the first congress.] This committee having carefully considered the
+matter may bring in its report at any time, this being what is known as a
+"privileged question." The decision is by majority vote of the house
+interested.
+
+In the meantime the person who has obtained the certificate of election
+from the state canvassing board is presumed to have been elected, and is
+treated accordingly.
+
+In order that lack of means may not compel a man to submit to a wrong, and
+that the real will of the congressional district as expressed in the
+election may be ascertained, the contestant may be allowed not to exceed
+two thousand dollars for expenses.
+
+
+HOW AN IMPEACHMENT CASE IS CONDUCTED.
+
+"The house of representatives ... shall have the sole power of
+impeachment."--Constitution I. 2: 9.
+
+"The senate shall have the sole power to try all impeachments.'--Ib., I. 3:
+6.
+
+"The president, vice-president, and all civil officers of the United
+States, shall be removed from office on impeachment for, and conviction
+of, treason, bribery, or other high crimes and misdemeanors."--Ib., II. 4:
+17.
+
+The house, having resolved that a certain civil officer be impeached,
+orders that a committee be appointed to notify the senate of the fact; and
+to state that "the house of representatives will, in due time, exhibit
+particular articles of impeachment against him, and make good the same;"
+and to demand that the senate prepare to try the impeachment.
+
+The house then, on motion, appoints a committee (usually of five members)
+to prepare carefully the articles of impeachment. [Footnote: This
+corresponds to the indictment of a grand jury.] The report of this
+committee, having been considered in committee of the whole, is reported
+to the house, with such amendments as seem necessary. If the report is
+agreed to by the house, a committee of five "managers" is appointed to
+conduct the impeachment on the part of the house.
+
+The senate is then notified by the clerk of the house, that the managers,
+naming them, have been appointed, and that the articles of impeachment are
+ready to be exhibited.
+
+The senate having appointed the time when it would resolve itself into a
+court of impeachment notifies the house. At the appointed time the
+managers carry the articles to the senate, and on their return report to
+the house.
+
+The senate then issues a summons to the defendant, ordering him to file
+his answer with the secretary of the senate by a certain day.
+
+On the day appointed, the house, having resolved itself into committee of
+the whole, attends the trial in the senate chamber. The next day the house
+attends similarly, if a reply is to be made to the defendant's answer.
+During the taking of the testimony only the managers attend, the house
+devoting itself to its regular business. When the case is ready for
+argument, the house attends daily, as committee of the whole.
+
+The report of the final action of the senate is made to the house by the
+chairman of the committee of the whole.
+
+In an impeachment trial the senate is both judge and jury. But, for
+convenience, the functions of judge are usually performed by the president
+of the court of impeachment; and a senator may be called upon to testify.
+
+The secretary of the senate corresponds to the clerk of the court, and the
+sergeant-at-arms corresponds to the sheriff in an ordinary court.
+
+"On the final question whether the impeachment is sustained, the yeas and
+nays shall be taken on each article of impeachment separately; and if the
+impeachment shall not, upon any of the articles presented, be sustained by
+the votes of two-thirds of the members present, a judgment of acquittal
+shall be entered; but if the person accused in such articles of
+impeachment shall be convicted upon any of said articles by the votes of
+two-thirds of the members present, the senate shall proceed to pronounce
+judgment, and a certified copy of such judgment shall be deposited in the
+office of the secretary of state." [Footnote: Manual of the United States
+Senate.] Only seven cases of impeachment before the U.S. senate have
+occurred. To save space they are shown in tabular form:
+
+Time Name.           Office.           Charge.         Result.
+1798 William Blount. U.S. Senator     Intrigues with   Case dismissed;
+                      from Tennessee.  Indians.         not an
+                                                        "officer"
+
+1803 John Pickering. U.S. district     Intemperance    Removed from
+                      judge, N.H.       and malfeasance office.[1]
+                                        in office.
+
+1804 Samuel Chase.    Associate Just.   Partiality and  Acquitted.[1]
+                      U.S. Sup. Ct.      injustice.
+
+1830 James Peck.      U.S. district     Abuse of power. Acquitted.
+                       judge, Mo.
+
+1860 West W.          U.S. district     Treason in      Removed and
+      Humphreys        judge, Tenn.      advocating and  disqualified.
+                                         aiding secession.
+
+1868 Andrew Johnson.  President of the  Violation of    Acquitted by
+                       United States.    Tenure of       one vote.
+                                         Office act and
+                                         other crimes.
+
+1876 William W.        Sec'y of war.     Malfeasance in Acquitted.
+      Belknap.                            office and
+                                          accepting
+                                          bribes.
+
+[Footnote 1: See Thomas Jefferson, American Statesmen Series, pp. 259-63.]
+
+
+HOW UNITED STATES SENATORS ARE ELECTED.
+
+"The senate of the United States shall be composed of two senators from
+each state, chosen by the legislature thereof."--Constitution, I. 3: 1.
+
+The time of this election is the second Tuesday after the meeting and
+organization of the legislature. If a vacancy occurs in the senate during
+the session of the legislature, the election occurs on the second Tuesday
+after notice of the vacancy is received by the legislature.
+
+On the day appointed, the roll of each house being called, each member
+responds by naming one person for the senatorship. The result of the vote
+is entered on the journal of each house by the clerk thereof.
+
+The next day at noon, the members of both houses convene in joint
+assembly, and the journal of each house is read. If the same person has
+received a majority of all the votes in each house, he is declared
+elected.
+
+But if no person has received such majority, the joint assembly proceeds
+to choose, by _viva voce_ vote of each member present, a person for
+senator. A quorum consists of a majority of each house, and a majority of
+those present and voting is necessary to a choice.
+
+If no one receives such majority on the first day, the joint assembly
+meets daily at noon, and takes at least one vote, until a senator is
+elected.
+
+A certificate of election is made out by the governor, countersigned and
+authenticated under seal of the state by the secretary of state, and
+forwarded to the president of the senate of the United States.
+
+
+HOW THE ELECTORAL VOTE IS COUNTED.
+
+"The president of the senate shall, in the presence of the senate and
+house of representatives, open all the certificates, and the vote shall
+then be counted."--Constitution, Amendment XII.
+
+The constitution gives no directions as to the manner of counting. No
+trouble was experienced, however, until the Hayes-Tilden election. The
+result of this election depended upon the votes of three states, each of
+which sent in two conflicting sets of certificates. There being no legal
+provision for the settlement of such disputes, the famous electoral
+commission was created to determine which certificates should be counted.
+It consisted of five senators, five representatives, and five justices of
+the supreme court.
+
+The gravity of the danger thus revealed made it obviously necessary that
+some general plan be devised whereby such disputes might be obviated.
+Though consideration of the subject began at once, and various measures
+were from time to time proposed, no satisfactory solution was presented
+until February 3, 1887, when the Electoral Count Bill was passed and
+received the signature of the president.
+
+An outline of the bill is here given, the principal provisions being the
+second and sixth as here numbered.
+
+1. The electors shall meet and vote on the second Monday in January
+following their election. [Footnote: The time of meeting had been the
+first Wednesday in December. The change was made to give time for the
+settlement of any disputes, as provided in the second section.]
+
+2. If there be any disputes as to the choice of the electors, they are to
+be settled in the respective states in the way that each state shall
+determine, provided that the laws governing the matter shall have been
+passed before the election, and that disputes shall have been settled at
+least six days before the time fixed for the meeting of the electors. A
+report of the contest and its mode of settlement shall be made by the
+governor, and forwarded under seal to the secretary of state of the United
+States.
+
+3. As soon as practicable after it shall have been ascertained who have
+been chosen electors, the executive of the state shall transmit under the
+seal of the state to the secretary of state of the United States the names
+of the electors, with an abstract of the popular vote for each candidate
+for elector. The executive shall also deliver to the electors, on or
+before the day of meeting, three copies of said certificate, one of which
+the electors shall enclose with each "list of persons voted for as
+president and vice-president."
+
+4. As soon as practicable after receiving the certificates as aforesaid,
+the secretary of state shall publish them in full in such newspaper as he
+shall designate; and at the first meeting of congress thereafter he shall
+transmit to each house a copy in full of each certificate received.
+
+5. The counting of the vote will take place, as heretofore, on the second
+Wednesday in February following the meeting of the electors. At one
+o'clock in the afternoon the senate and house of representatives meet in
+the hall of the house of representatives, and the president of the senate
+takes the chair.
+
+"Two tellers shall be previously appointed on the part of the senate and
+two on the part of the house of representatives, to whom shall be handed,
+as they are opened by the president of the senate, all the certificates
+and papers purporting to be certificates of the electoral votes, which
+certificates and papers shall be opened, presented, and acted upon in the
+alphabetical order of the states, beginning with the letter A; and said
+tellers, having then read the same in the presence and hearing of the two
+houses, shall make a list of the votes as they shall appear from the said
+certificates; and the votes having been ascertained and counted in the
+manner and according to the rules in this act provided the result of the
+same shall be delivered to the president of the senate, who shall
+thereupon announce the state of the vote, which announcement shall be
+deemed a sufficient declaration of the persons, if any, elected president
+and vice-president of the United States, and, together with a list of the
+votes, be entered on the journals of the two houses."
+
+6. Upon the reading of each certificate the president of the senate asks
+whether there be any objections to it. Objection must be made in writing,
+and must "state clearly and concisely, and without argument, the ground
+thereof." To entitle it to consideration, the objection must be signed by
+at least one senator and one representative.
+
+When all the objections to any paper have been received and read, the
+senate withdraws, and the two houses proceed separately to consider them.
+
+If from any state but one set of electors are certified, and the
+certification has been done as prescribed in section three, the
+certificate cannot be rejected. But if not properly certified, the two
+houses acting concurrently "may reject the vote or votes when they agree
+that such vote or votes have not been so regularly given by those whose
+appointment has been so certified."
+
+If more than one return has been received from any state, those votes only
+shall be counted which have been determined as provided in section two.
+
+If two or more returns appear, each certified by authorities claiming to
+be the lawful tribunal of the state, the vote shall be counted which the
+two houses, acting separately, "concurrently decide is supported by the
+decision of such state so authorized by its laws."
+
+If more than one return comes in from any state, no determination such as
+is prescribed in section two having been made, the two houses concurrently
+decide which, if any, of the votes shall be counted. If in such a case the
+houses disagree, the votes of those electors shall be counted whose
+appointment shall have been certified by the executive of the state.
+
+When the case in question has been disposed of, the joint session is
+resumed and the counting continued.
+
+7. In the joint meeting, the president of the senate has authority to
+preserve order. No debate is allowed, and no question can be put, "except
+to either house on a motion to withdraw."
+
+8. When discussing an objection, in separate session, no member can speak
+more than once, and then for not longer than five minutes. The entire time
+for discussion is limited to two hours.
+
+9. Provision is made for the seating of every one entitled to a seat on
+the floor of the house; and the act declares that "such joint meeting
+shall not be dissolved until the count of electoral votes shall be
+completed and the result declared."
+
+Some time after the passage of the law, it was discovered that a strange
+omission had been made. By the old law, the electors in each state were
+required to appoint a messenger to take one of the certificates of votes
+cast, and deliver it to the president of the senate on or before the
+_first Wednesday_ in January. By the new law the electors do not meet
+until the _second Monday_ in January. The inconsitency was remedied,
+however, by a supplementary act, providing that certificates shall be
+forwarded "as soon as possible," and authorizing the president of the
+senate to send for missing certificates on the fourth Monday in January.
+
+
+HOW FUGITIVES FROM JUSTICE ARE EXTRADITED.
+
+Extradition is "the delivering up to justice of fugitive criminals by the
+authorities of one state or country to those of another." [Footnote:
+Lalor's Cyclopedia of Political Science.]
+
+The duty of extradition between the states of this republic is imposed by
+the federal constitution, IV. 2; and the mode of procedure is prescribed
+by an act of congress passed in 1793. The term "other crimes" used in the
+constitution is generally interpreted "so as to include any offense
+against the laws of the state or territory making the demand." On the
+question whether the executive upon whom demand is made is bound to
+comply, the federal courts have decided that his duty in the matter is
+imperative; that he must deliver up the fugitive, unless the accused shall
+also be under prosecution for breach of the laws of the state to which he
+has fled.
+
+The procedure is this: "The accused must be indicted in the state in which
+the crime was committed, or a charge must be brought against him before a
+magistrate, who, if satisfied that the charge is true, issues a warrant
+for the arrest of the criminal. A copy of the indictment or affidavit is
+forwarded to the executive of the state, and he issues to the executive of
+the state to which the fugitive has gone, a requisition for his surrender.
+If the executive upon whom the requisition is made is satisfied that the
+papers are regular and the proof of the crime sufficient," he issues a
+warrant "for the arrest and delivery of the accused to the agent of the
+state making the demand."
+
+The expense of these proceedings is borne by the state making the demand.
+
+Between nations extradition is regarded as a matter of comity, and is
+based upon special treaty. "In this country, power to make such a
+surrender is conferred upon the executive [Footnote: This of course means
+the president, as states cannot treat with foreign powers.] only where the
+United States are bound by treaty, and have a reciprocal right to claim
+similar surrender from the other power." In relation to the crimes for
+which extradition may be demanded, it may be said in general that they are
+specified in the treaty, and are such offenses as are recognized as crimes
+by both countries. Consequently no two treaties are exactly alike.
+Generally only things wrong in themselves, not things wrong by local
+prohibition, are included. Offenses merely political are not included; and
+"as opinions differ in different countries on what constitutes a political
+crime, the surrendering nation is very properly made the judge of this
+question."
+
+As a corollary to the preceding, it is a well-established rule of
+international law, that the surrendered party can be tried only on the
+allegations for which extradition has been accorded. This principle is
+also generally recognized among the states.
+
+
+HOW A COURT MARTIAL IS CONDUCTED.
+
+A court martial is "a court consisting of military or naval officers, for
+the trial of offenses against military or naval laws."
+
+Courts martial are of three classes, general, garrison, and regimental.
+General courts martial consists of from five to thirteen officers,
+appointed by a general or by the president. Garrison and regimental courts
+martial consist of three officers appointed respectively by the garrison
+and the regimental commanders. Only general courts martial have
+jurisdiction of capital offenses.
+
+There are two marked characteristics of courts martial. First, the accused
+is tried, not as in a civil court by his peers, but by his superiors.
+Second, there is no distinction between judge and jury; the officers
+comprising the court act in both capacities--they determine the fact and
+apply the law. Sentence is by majority vote, except that to pronounce
+sentence of death a two-thirds vote is necessary.
+
+For convenience, one of the officers is designated to act as president by
+the order convening the court. As prosecutor in the case, and also as the
+_responsible_ adviser of the court, a judge-advocate is appointed, usually
+by the same order. The accused is entitled to counsel; but if he is unable
+to obtain any, the judge-advocate "must insist upon all rights belonging
+to the accused under the law and the evidence."
+
+The "findings" of a court martial must in each case be transmitted to the
+convening authority and by it be approved, before being carried into
+execution. "In time of peace, no sentence of a court martial involving
+loss of life or the dismissal of a commissioned officer, and either in
+time of peace or war no sentence against a general officer, can be carried
+into effect without approval by the president of the United States."
+
+The jurisdiction of courts martial extend only over offenses committed by
+persons enlisted in the military or the naval service of the country.
+
+
+WHY AND HOW TERRITORIES ARE ORGANIZED.
+
+The organization of territories in the United States is for two purposes:
+to provide good government while population is sparse, and to encourage
+their development into self-governing commonwealths, and their
+incorporation into the federal system as rapidly as possible. (See page
+217.)
+
+Territories are organized by congress. In the organic act the boundaries
+of the territory are defined, and a system of government is established.
+"The governor and the administrative and judicial officers are appointed
+by the president, but a territorial legislature is entrusted with limited
+powers, subject to the approval of congress."
+
+Each of the several territories may elect one delegate to a seat in the
+United States Congress. The delegate may speak on subjects in which his
+territory is interested, but he cannot vote.
+
+WHY AND HOW THE PUBLIC LANDS ARE SURVEYED.
+
+The public lands are not meant to be held forever by the general
+government. They are designed to be owned and occupied by American
+citizens. To divide the land into pieces and thus to facilitate the
+description and the location of any piece, is the principal purpose of the
+survey. Incidentally the portions six miles square serve as bases for the
+political divisions called towns, and this was part of the original plan.
+
+The "old thirteen" and Maine, Vermont, Kentucky, Tennessee, and West
+Virginia were surveyed in a very irregular way. Lands were described as
+bounded by lines running from stumps to stones, thence to a creek and down
+the main channel thereof. In 1785, a committee of the continental congress
+was appointed, with Thomas Jefferson as chairman, to devise a simple and
+uniform mode of surveying the public lands in what was about to be
+organized as the Northwest Territory.
+
+The most noticeable peculiarity of the system is that it is rectangular. A
+prime meridian is first determined, then a baseline crossing it at right
+angles. Then from points on the baseline six miles and multiples thereof
+from the meridian, lines are run due north. And parallels to the base-line
+are run at distances of six miles. The approximate squares thus formed are
+called townships. The rows of townships running north and south are called
+ranges. Townships are numbered north and south from the base-line; ranges
+east and west from the meridian. The diagram on page 341 illustrates the
+system.
+
+Since meridians all terminate at the poles, the lines between ranges,
+being meridians, gradually approach each other as they go northward. The
+lines, then, soon become so much less than six miles apart that a new
+beginning has to be made. The parallel upon which this correction is made
+is naturally called the correction line. Corrections were at first made
+every thirty-six miles, but they are now made every twenty-four miles.
+
+The first prime meridian starts at the mouth of the Great Miami and forms
+the western boundary of Ohio. The second prime meridian begins at the
+mouth of Little Blue Creek, in Indiana. The third, at the mouth of the
+Ohio; the fourth at the mouth of the Illinois; and the fifth at the mouth
+of the Arkansas. [Illustration: RANGES AND TOWNSHIPS] [Illustration: The
+numbering of sections in a township.] [Illustration: Divisions of a
+section.] The first prime meridian has several base-lines. The base-line
+of the second meridian crosses it about twenty-four miles north of its
+point of beginning, and the base-line of the third is a continuation of
+that of the second. The principal base-line of the fourth meridian
+coincides with the southern boundary of Wisconsin. It has also a short
+base-line about six miles north of Quincy, Ills. The base-line of the
+fifth meridian is just south of Little Rock, Ark.
+
+From the first meridian most of Ohio is surveyed; from the second, Indiana
+and the eastern twenty-four miles of Illinois; from the third, the rest of
+Illinois, except a small portion north of Quincy; from the fourth, the
+portion of Illinois just referred to, all of Wisconsin, and that part of
+Minnesota east of the Mississippi; from the fifth, Arkansas, Missouri,
+Iowa, Minnesota west of the Mississippi, and the Dakotas east of the
+Missouri.
+
+The sixth coincides with meridian 97 deg. 22', west of Greenwich. From it are
+surveyed Kansas, Nebraska, Dakota south and west of the Missouri, Wyoming,
+and all of Colorado except the valley of the Rio Grande del Norte.
+
+Michigan, Florida, Alabama, Mississippi, and the states and territories in
+the far west are surveyed from special meridians.
+
+
+HOW TO SECURE PUBLIC LANDS.
+
+As a general rule, only surveyed lands are subject to entry. Under the
+mineral land laws, however, claims can be located upon unsurveyed lands.
+
+The public lands are divided as to price into two classes: those whose
+minimum price is $1.25 per acre and those whose minimum is $2.50 per acre.
+The latter, usually called "double minimum lands," are in most cases the
+alternate sections reserved in railroad or other public land grants. In
+some cases Indian reservations restored to the public domain have been
+rated differently, the price varying from below the single minimum to
+above the double minimum.
+
+The remaining public lands are subject to entry under the homestead law,
+the desert land law, and the timber and stone act; by the location of
+scrip; and as town-site entries. Mineral lands are subject to entry only
+under the mining laws; and special laws provide for the disposal of coal
+lands and lands containing petroleum. Any person who is the head of a
+family or is over twenty-one years old, and who is a citizen of the United
+States, or has declared his or her intention to become such, may enter 160
+acres of land without cost, except the land-office fees provided by law,
+inhabiting, cultivating, and making actual residence thereon for the
+period of five years; or such a settler may at the expiration of fourteen
+months from date of settlement commute the entry by paying the government
+price for the land.
+
+No part of the public domain is now (since 1889) subject to private cash
+entry, except in the state of Missouri and in cases where Congress has
+made special provision therefor. The preemption and timber culture laws
+were repealed in 1891. It has also been provided that no public lands of
+the United States shall be sold by public sale, except abandoned military
+reservations of less than 5,000 acres, mineral lands and other lands of a
+special nature, and isolated tracts that have been subject to homestead
+entry for three years after the surrounding land has been disposed of.
+
+
+HOW SLAVERY WAS ABOLISHED IN THE SEVERAL STATES.
+
+The slave _trade_ was prohibited by congress in 1808. From that time on it
+was a felony to bring slaves into the United States.
+
+Slavery never legally existed in the states carved out of the Northwest
+Territory. It was forbidden by the ordinance of 1787.
+
+Vermont abolished it in forming her state constitution in 1777. [Footnote:
+Before her admission into the Union.]
+
+Massachusetts, by constitution, 1780.
+
+Pennsylvania, gradual abolition by statute, began in 1780; had 64 in 1840.
+
+New Hampshire, by constitution, 1783.
+
+Rhode Island and Connecticut, gradual abolition, 1784.
+
+New York began in 1799, finished July 4, 1827.
+
+New Jersey began in 1804, but had 18 in 1860.
+
+By the Missouri compromise, 1820, slavery ceased "in all that territory
+ceded by France to the United States, under the name of Louisiana, which
+lies north of 36 degrees and 30 minutes north latitude," [Footnote: Thomas
+amendment to act for admitting Missouri.] except Missouri. This part of
+the act was, in the Dred Scott case, declared by the supreme court to be
+invalid, still a provision forbidding slavery found its way into the
+constitution of each of the states afterward seeking admission.
+
+By the emancipation proclamation, Jan. 1, 1863, the slaves of those in
+arms against the United States were declared free.
+
+The thirteenth amendment, adopted 1865, abolished slavery in all parts of
+the United States.
+
+
+HOW VOTING IS DONE IN LEGISLATIVE BODIES. [Footnote: See also Among the
+Lawmakers, pp. 168-70.]
+
+Acclamation.--The most common way of voting on ordinary questions is by
+acclamation; that is, when a question is put those in favor of it say
+"aye," and then those opposed say "no." In this case, a majority of those
+voting prevails. This is sometimes called voting _viva voce._
+
+Division.--If the presiding officer is uncertain as to which side is in
+the majority, he may call for a division, or this may be demanded by any
+member. Then those voting in the affirmative stand and are counted, after
+which those voting in the negative do similarly.
+
+Yea and Nay.--On important questions in congress, or on any question by
+demand of one-fifth of the members, the vote is by "yeas and nays" that
+is, the roll is called, and each member responds "yea" or "nay." In some
+states, including Minnesota, _all bills_ must be voted on in this way, and
+must receive a majority of the total membership in order to pass.
+
+
+HOW LAWS ARE MADE. [Footnote: The Minnesota process, given as a type.]
+
+Framing a Bill.--A bill is a proposed law. The framing or drawing up of a
+bill may be done by any person. For instance, a citizen desiring
+legislation on any matter may formulate a bill for consideration by the
+legislature. But many requests for legislation come in the form of
+petitions, in which case the member to whom the matter is committed by the
+petitioners usually frames the bill. Many bills originate in committee,
+some of them as substitutes.
+
+Bringing in.--At the time set in the daily order of business for
+introducing bills, the member announces his bill by title, which should
+indicate the matter considered therein, and sends it to the clerk's desk.
+
+First Reading.--No bill can pass without at least three readings. When a
+bill is first presented, the clerk reads it at the table, and hands it to
+the speaker, who, rising, states to the house the title of the bill, and
+that this is the first reading of it.
+
+Commitment.--Unless objection is made, the bill, if not one which has been
+formulated by a committee, is then referred for careful consideration to a
+committee, standing or special. The number of subjects coming before a
+legislative body is too great to permit the initial consideration of each
+by the whole body. It is a note-worthy fact that our lawmaking is
+virtually committee legislation. All bills for appropriating money shall
+before passage be referred to the finance committee.
+
+Second Reading.--When reported favorably by the committee, with
+amendments, such amendments must be read in full, and if they are adopted
+the bill passes to its second reading, which is by title only. If the bill
+is of a general nature, it is printed and placed on the General Orders or
+list of bills ready for consideration by the committee of the whole.
+
+Committee of the Whole.-This consists of the entire membership of the
+house. Its work is to perfect bills before they come up for final passage.
+To this end great freedom of debate is permitted. This is the last
+opportunity to offer amendments, except by unanimous consent. When the
+house resolves itself into committee, the regular presiding officer leaves
+the chair after designating a member to act as chairman. When the
+committee rises, the presiding officer resumes the chair and the chairman
+of the committee reports its action. Bills reported favorably are
+engrossed, that is, rewritten neatly as amended, and are placed on the
+Calendar, or list of bills ready for third reading.
+
+Third Reading.--This is in full, and the question is on the passage of the
+bill. If passed the bill is sent to the other house, with the announcement
+that it has passed the first house.
+
+Action in other House.--The bill is treated in the other house as in the
+first. If passed, it is returned similarly to the house in which it
+originated. If passed with amendments, these are considered.  ENROLLMENT.--
+When it has passed both houses, the bill is plainly and accurately written
+on parchment, under supervision of the committee on enrolled bills.
+
+SIGNING.--The enrolled bill is signed by the presiding officer of each
+house, and, if he approves it, by the executive.
+
+DISPOSITION.--The bill is then carried by the executive to the secretary
+of state, who deposits it among the archives. Copies are made for
+publication. [Footnote: Read Among the Lawmakers, pp. 60-64.]
+
+
+
+
+APPENDIX D.--SOME PRINCIPLES OF INTERNATIONAL LAW.
+
+
+Nature and Origin.--A savage meeting in the forest a person whom he has
+never seen before is apt to look upon him as a foe. As civilization
+increases, danger to one's personal rights decreases, and stranger ceases
+to mean enemy. It has gradually come about that the confidence and
+courtesy shown to one another by men in their individual relations have
+extended to the relations of states. Morality, reason, and custom have
+established among the nations certain rules of conduct with respect to one
+another. The rules constitute what is called international law.
+
+As might be guessed, international law is a matter of comparatively recent
+origin, and exists only among the most highly civilized nations. Not being
+the enactment of any general legislative body, having no courts competent
+to pass upon it nor executive to enforce its provisions, this law must be
+framed by agreement, and its carrying out must rest upon national good
+faith.
+
+
+PEACE RELATIONS.
+
+The great purpose of international law being to preserve peace by removing
+the causes of war, we shall first consider some of the arrangements
+operative in times of peace.
+
+Non-interference.--Among individuals it is found that, as a rule, it is
+best for each person to mind his own business. Similarly, among nations
+non-interference by one with the internal affairs of another is a cardinal
+principle. It is, therefore, a general rule that a people may adopt such
+form of government as they choose, and that whenever they wish they may
+amend or entirely alter it. [Footnote: A change in the form of government
+does not release the nation from prior obligations.] And the government
+formed has a right to operate without dictation from other powers. Nor has
+any foreign nation a right to inquire _how_ the government has come into
+being; sufficient that it _is_ the government.
+
+This right of a nation to manage its own affairs is called _sovereignty_.
+It belongs to a small independent nation as completely as to a large one.
+The act of one government in acknowledging the validity and sovereignty of
+another is called _recognizing_ it. (See page 349, last paragraph.)
+
+It is sometimes a delicate question to determine whether to recognize a
+community as a nation or not. Thus, if a dependency is seeking to become
+independent, our personal sympathies are naturally with it, and yet it
+might be contrary to the law of nations, an "unfriendly act" to the
+sovereign power, for our government to recognize its independence. During
+the struggle of the Spanish-American colonies for separate political
+existence, John Quincy Adams, then (1822) secretary of state, formulated
+the proper rule of action thus: "In every question relating to the
+independence of a nation two principles are involved, one of right and the
+other of fact, the former exclusively depending upon the determination of
+the nation itself, and the latter resulting from the successful execution
+of that determination ... The government of the United States yielded to
+an obligation of duty of the highest order by recognizing as independent
+states nations which, after deliberately asserting their right to that
+character, have maintained and established it against all the resistance
+which had been or could be brought to oppose it. This recognition is ...
+the mere acknowledgment of existing facts." [Footnote: Wharton's
+International Law Digest, Volume I., page 162.]
+
+Although sovereignty implies the right of a government to enter freely
+into such relations with any other nation as may be mutually agreeable,
+the nations of Europe feel at liberty in self-defense to interfere with
+any arrangements that threaten the "balance of power." Thus France would
+feel justified in opposing a very close alliance between Prussia and
+Spain.
+
+It is our good fortune not to have any dangerous neighbors. We are
+reasonably sure of peace so long as we act in accordance with the counsel
+of Washington, "Friendly relations with all, entangling alliances with
+none."
+
+Jurisdiction.--It is clear that the authority of a nation properly extends
+over the land within its borders and over its inland waters. It is equally
+clear that no nation should have exclusive jurisdiction over the ocean. It
+is generally understood that a nation's authority extends out into the sea
+a marine league from shore. But difficulty is encountered in determining a
+rule of jurisdiction over bays, straits, wide-mouthed rivers and other
+coast-waters. Shall the United States of right freely navigate the St.
+Lawrence to its mouth, and the British the Yukon? Should Denmark receive
+tribute of ships passing through the sounds to the Baltic, and may Turkey
+prohibit foreign war vessels from passing through the Bosphorus? Is the
+mouth of the Amazon part of the "high seas?" Is Hudson's Bay? Is Delaware
+Bay? The difficulty is to formulate a rule that shall not unnecessarily
+abridge commercial freedom but shall still have due regard to national
+defense. The question at large is not settled yet, but it seems to be
+agreed that in the cases of bays not more than ten miles wide at the
+mouth, the marine league shall be measured from a straight line joining
+the headlands.
+
+"The United States cannot purchase a grant of land in, or concession of
+right of way over, the territories of another nation, as could an
+individual or a private corporation."
+
+Intercourse.--While as an act of sovereignty a nation may shut out from
+its borders any or all of the rest of mankind, intercourse is so natural
+and is usually so mutually profitable that such prohibition is almost
+unknown among civilized nations. Intercourse is regulated in different
+nations in various ways. Some limit or control it by a passport system;
+some by special supervision of strangers; some by a protective tariff;
+others by giving to one nation commercial privileges not given to another.
+
+Among the general rules that govern intercourse are these: Aliens are
+entitled to protection from violence for themselves and their property.
+They are amenable to the laws of the country in which they are sojourning,
+except in certain oriental and other partly civilized countries. Aliens
+may expatriate themselves and may become naturalized in the land of their
+adoption. "The right of emigration is inalienable; only self-imposed or
+unfulfilled obligations can restrict it." [Footnote: Heffter, quoted, in
+Woolsey's International Law.]
+
+The principle that crime should be tried and punished where committed
+stands in the way of the trial of a culprit who has escaped to another
+country. But for mutual protection most of the civilized nations have
+treaties for the extradition of criminals. The United States have
+extradition treaties with over twenty countries. (See How Criminals Are
+Extradited, page 337.)
+
+Ambassadors and Consuls.--We have considered briefly the rights and duties
+of individual sojourners in foreign lands. Let us now consider the modes
+and means of intercourse between the governments themselves.
+
+Formerly when a nation wished to come to an understanding with another it
+sent a special messenger clothed with necessary authority to act; but for
+about two hundred years these representatives have, as a rule, taken up
+their residence at the capitals of the countries to which they are sent.
+
+There are various grades of these ambassadors. Ours in order of rank are
+ambassadors, envoys-extraordinary and ministers plenipotentiary, ministers
+resident, envoys, charges d'affaires, and, temporarily, secretaries of
+legation.
+
+"Ambassadors [including all of the above] always and everywhere have had
+special immunities and often something of a sacred character ... Neither
+public authority nor private persons can use any force, or do any violence
+to him, without offending against the law of nations." [Footnote: Except
+that if necessary for self-defense, passive resistance may be made.] This
+immunity extends to his house, furniture, and attendants. Except in
+extreme cases, he is exempt from civil or criminal process.
+
+These diplomatic agents are appointees of the executive. Official
+communications with the president are made through the secretary of state.
+"In all negotiations between nations, sovereign should always speak to
+sovereign and minister to minister."
+
+A country may decline to receive _any_ ambassador from a certain nation;
+and this may be necessary in case of a civil war in which two parties
+claim to be the legal authorities, because receiving the ambassador of one
+party would be equivalent to recognizing it as the legitimate authority.
+And it may, without offense, decline to receive a _particular_ ambassador,
+on account of some objection to him personally. It may also decline to
+treat with a minister who has so deported himself as to become
+distasteful.
+
+When an ambassador arrives at the capitol of the country to which he is
+sent, he seeks an interview with the secretary in charge of foreign
+affairs and delivers to him a copy of his credentials. Afterwards on a day
+appointed for the purpose, the secretary presents him to the executive
+(sovereign or president), to whom he delivers the original commission.
+
+Ambassadors of all grades are expected to avoid all interference with
+political movements in the countries where they are stationed.
+
+Consuls are the commercial agents of a country. They are stationed at the
+principal ports of the world. Their chief functions are:
+
+1. To furnish their government information that may be of service in the
+commercial relations of the countries.
+
+2. To settle disputes between masters and crews of merchant vessels in the
+port sailing under the protection of the flag of the consul's country.
+
+3. To reclaim deserters from vessels, and provide for destitute seamen.
+
+4. In some non-Christian lands to act as judge in cases in which a
+countryman or other person from a Christian state is a party. (See also
+page 321.)
+
+Treaties.--Treaties are contracts between nations[1], and in international
+law much resemble ordinary contracts in municipal law. For instance, they
+can be made only by certain persons--the constituted authorities of
+nations, or by persons specially deputed by them for that purpose. A
+treaty cannot obligate to do an unlawful act. There must be consideration
+--a treaty which sacrifices the interests of one party is not binding upon
+that party. Treaties obtained by fraud or force are not binding.
+
+[Footnote 1: This from Woolsey's International Law is too good to be
+omitted: "A contract is one of the highest acts of human free-will; it is
+the will binding itself in regard to the future, and surrendering its
+right to change expressed intention, so that it becomes morally and
+jurally a wrong to act otherwise; it is the act of two parties in which
+each or one of the two conveys power over himself to the other in
+consideration of something; done or to be done by the other. The binding
+force of contracts is to be deduced from the freedom and foresight of man,
+which would have almost no sphere in society or power of co-operation,
+unless trust could be excited. Trust lies at the basis of society; society
+is essential for the development of the individual; the individual could
+not develop his free forethought unless an acknowledged obligation made
+him sure in regard to the actions of others. That nations as well as
+individuals are bound by contract, will not be doubted when we remember
+that they have the same properties of free will and foresight; that they
+can have no safe intercourse otherwise."]
+
+Further similarity between municipal and international law is to be seen.
+The minister appointed to negotiate the treaty is an agent, and his work
+is subject to the general law of agency. Thus, if he acts within his
+instructions, his principal (the nation) is bound by what he does, and the
+treaty-making power is in honor bound to ratify the treaty. From this it
+will properly be inferred that there is an implied understanding that the
+sovereign, or other power intrusted with the making of treaties, reserves
+the right to accept or reject the work of the agent. (See sample treaty,
+page 360.)
+
+Remedy.--In municipal law, remedy for a wrong is obtained through the
+courts, if personal influence fails. Among nations there is no general
+court having jurisdiction. If redress cannot be obtained by remonstrance,
+arbitration, or other peaceful means, it may be sought through retaliation
+or finally in war.
+
+
+WAR RELATIONS.
+
+"International law assumes that there must be wars and fightings among
+nations, and endeavors to lay down rules by which they shall be brought
+within the limits of justice and humanity."
+
+Causes.--A nation may wage war to defend any right which as a state it is
+bound to protect, to redress wrong, or to prevent injury; for instance, to
+defend its own sovereignty; to protect a citizen in his rights; to obtain
+satisfaction for insults to its flag, its ambassadors, or its good name;
+for the violation of treaty rights; to prevent injury, as by checking the
+onward march of some "conquering hero." War for conquest is not now
+recognized as legitimate.
+
+Beginning.--"War between independent sovereignties, is and ought to be, an
+_avowed, open_ way of obtaining justice." Even among the ancients
+announcements were usually made before war was begun. The Greeks sent a
+herald to carry the news. "Among the Romans the ceremonies of making known
+the state of war were very punctilious." But formal declarations of war
+are now falling into disuse; not from any intention of taking the enemy
+unawares, but because of the rapidity with which news is now disseminated.
+Still a state is in honor bound to indicate in some way its changed
+relation. This is due to the enemy, and just to its own citizens and to
+neutrals, that they may know how to act. The enemy is usually informed by
+the peremptory dismissal of its ambassador; the citizens and neutrals by a
+manifesto of some kind. (See p.354.)
+
+Between whom.--War being an interruption of peaceful relations, commerce
+between the citizens is at an end--is forbidden. Contracts between them
+then become either "impossible in their nature" or "unlawful," and
+therefore void.
+
+The war is not between the individual citizens of the two countries, it is
+between the governments and is waged by authorized agents--the soldiers
+and sailors enlisted for the purpose. "The smallest amount of injury
+consistent with self-defense and the sad necessity of war, is to be
+inflicted." Passive citizens are not unnecessarily to be molested.
+
+Weapons.--Not "all things are fair in war." Though ingenuity may properly
+tax itself to produce death-dealing instruments, underhanded means, such
+as poisoning springs or spreading a plague, are condemned; nor is it now
+regarded as consistent with right for a civilized nation to employ against
+another, persons accustomed to an inhuman mode of warfare.
+
+Heralds and Spies.--Heralds bearing flags of truce are inviolable--they
+must not be molested. Spies, unless in their regimentals, are subject to
+the death penalty if caught.
+
+Pirates and Privateers.--Pirates, acting under no authority, having no
+purpose to serve except to enrich themselves at the expense of any one
+else, are not protected by any nation, and may be put to death by any one
+capturing them. But privateers, acting as an arm of the government and by
+its authority, granted by its letters of marque and reprisal, must be
+treated as prisoners of war.
+
+Prisoners of War.--Prisoners taken in war were formerly the property of
+their captors, to be used for their pleasure or profit as slaves. Modern
+usage requires that they be merely detained; that they be fed and
+sheltered with reasonable comfort, and not treated with any unnecessary
+harshness. A common practice, worthy of encouragement, is that of
+exchanging prisoners, thus restoring them to their own side. Sometimes,
+too, prisoners are released on _parole,_ that is, on their word of honor
+not to re-enter the army. If a paroled prisoner breaks his word in this
+respect, upon recapture he is liable to be put to death.
+
+Termination.--Peace comes by treaty. There is usually a preliminary
+treaty, containing the general statement of conditions to which both
+parties will consent. When all the details have been arranged, a
+definitive treaty is concluded. Treaties of peace go into effect as
+between the parties, when they are signed; as between individuals of the
+belligerent nations, when they are notified.
+
+
+RIGHTS AND OBLIGATIONS OF NEUTRALS.
+
+When intercourse between the countries of the world was small, owing to
+lack of facilities, the rights of neutrals were regarded as unimportant.
+But intercourse has increased so enormously, that no great war can be
+waged without interfering with the interests of almost all the rest of the
+world, and the rights of neutrals are assuming more importance in
+international law.
+
+The great obligation resting upon neutrals is "to allow nothing to the
+belligerents which either would object to as being adverse to his
+interests."
+
+What Neutrals may do.--The common instincts of humanity may be complied
+with. Thus a ship of war in distress may run into a neutral port. Soldiers
+running into neutral territory may be disarmed and then protected as
+non-combatants.
+
+Things Contraband.--It is a breach of neutrality to lend money or furnish
+troops or munitions of war to a belligerent, or to allow ships of war to
+be built by citizens of the neutral power within its borders, if it knows
+(or _should_ know) that they are to be armored and used in the service of
+one of the belligerents.
+
+Citizens of Neutral States.--Members of a neutral state may lend money to
+a belligerent or may go into the army or navy of a belligerent without
+breach of the neutrality of their nation. They may sell goods, except
+materials of war, to either belligerent,  Blockade.--A belligerent may, as
+a war measure, close the ports of the enemy. This is called a blockade.
+Two things are necessary to make a blockade valid--due notice must be
+given, and the blockade must be made effective by placing before the ports
+armed vessels to prevent the entrance of trading vessels. If the
+conditions have been complied with, neutrals trade with the port at the
+risk of losing all captured ships and cargoes.
+
+
+DECLARATION OF WAR--1812.
+
+An act declaring war between the United Kingdom of Great Britain and
+Ireland, and the dependencies thereof, and the United States of America
+and their territories.[Footnote: Drawn by William Pinckney, Attorney
+General of the United States.]
+
+Be it enacted by the Senate and House of Representatives of the United
+States of America in Congress assembled, That war be, and the same is
+hereby declared to exist between the United Kingdom of Great Britain and
+Ireland, and the dependencies thereof, and the United States of America
+and their territories; and that the President of the United States is
+hereby authorized to use the whole land and naval force of the United
+States to carry the same into effect, and to issue to private armed
+vessels of the United States commissions, or letters of marque and general
+reprisal, in such form as he shall think proper, and under the seal of the
+United States, against the vessels, goods, and effects, of the government
+of the United Kingdom of Great Britain and Ireland and the subjects
+thereof.
+
+
+
+
+APPENDIX E.--DOCUMENTS.
+
+
+ACT AUTHORIZING A STATE GOVERNMENT.
+
+[Passed February 26, 1857.]
+
+SECTION 1. Be it enacted by the Senate and House of Representatives of the
+United States of America, in Congress assembled, That the inhabitants of
+that portion of the Territory of Minnesota which is embraced within the
+following limits, to-wit: beginning at the point in the center of the main
+channel of the Red River of the North, where the boundary line between the
+United States and the British Possessions crosses the same; thence up the
+main channel of said river to that of the Bois de Sioux River; thence up
+the main channel of said river to Lake Traverse; thence up the centre of
+said lake to the southern extremity thereof; thence in a direct line to
+the head of Big Stone Lake; thence through its centre to its outlet;
+thence by a due south line to the north line of the State of Iowa; thence
+along the northern boundary of said state to the main channel of the
+Mississippi River; thence up the main channel of said river, and following
+the boundary line of the State of Wisconsin, until the same intersects the
+St. Louis River; thence down the said river to and through Lake Superior
+on the boundary line of Wisconsin and Michigan, until it intersects the
+dividing line between the United States and the British Possessions;
+thence up Pigeon River and following said dividing line to the place of
+beginning, be, and they hereby are authorized to form for themselves a
+constitution and state government by the name of the State of Minnesota,
+and to come into the Union on an equal footing with the original states,
+according to the federal constitution.
+
+SEC. 2. And be it further enacted, That the State of Minnesota shall have
+concurrent jurisdiction on the Mississippi and all other rivers and waters
+bordering on the said State of Minnesota, so far as the same shall form a
+common boundary to said state and any state or states now or hereafter to
+be formed or bounded by the same; and said river or waters leading into
+the same shall be common highways, and forever free, as well to the
+inhabitants of said state as to all other citizens of the United States,
+without any tax, duty, impost, or toll therefor.
+
+SEC. 3. And be it further enacted, That on the first Monday in June next,
+the legal voters in each representative district then existing within the
+limits of the proposed state, are hereby authorized to elect two delegates
+for each representative to which said district may be entitled according
+to the apportionment for representatives to the territorial legislature,
+which election for delegates shall be held and conducted, and the returns
+made, in all respects in conformity with the laws of said territory
+regulating the election of representatives; and the delegates so elected
+shall assemble at the capitol of said territory on the second Monday in
+July next, and first determine by a vote whether it is the wish of the
+people of the proposed state to be admitted into the Union at that time;
+and if so, shall proceed to form a constitution, and take all necessary
+steps for the establishment of a state government, in conformity with the
+federal constitution, subject to the approval and ratification of the
+people of the proposed state.
+
+SEC 4. And be it further enacted, That in the event said convention shall
+decide in favor of the immediate admission of the proposed state into the
+Union, it shall be the duty of the United States marshal for said
+territory to proceed to take a census or enumeration of the inhabitants
+within the limits of the proposed state, under such rules and regulations
+as shall be prescribed by the Secretary of the Interior, with a view of
+ascertaining the number of representatives to which said state may be
+entitled in the Congress of the United States. And said state shall be
+entitled to one representative, and such additional representatives as the
+population of the state shall, according to the census, show it would be
+entitled to according to the present ratio of representation.
+
+SEC 5. And be it further enacted, That the following propositions be, and
+the same are hereby offered to the said convention of the people of
+Minnesota for their free acceptance or rejection, which, if accepted by
+the convention, shall be obligatory on the United States, and upon the
+said State of Minnesota, to-wit.
+
+_First_--That sections numbered sixteen and thirty-six in every township
+of public lands in said state, and where either of said sections, or any
+part thereof, has been sold or otherwise disposed of, other lands,
+equivalent thereto, and as contiguous as may be, shall be granted to said
+state for the use of schools.
+
+_Second_--That seventy-two sections of land shall be set apart and
+reserved for the use and support of a state university, to be selected by
+the Governor of said state, subject to the approval of the Commissioner of
+the General Land Office, and to be appropriated and applied in such manner
+as the legislature of said state may prescribe, for the purpose aforesaid,
+but for no other purpose.
+
+_Third_--Ten entire sections of land to be selected by the Governor of
+said state, in legal sub-divisions, shall be granted to said state for the
+purpose of completing the public buildings, or for the erection of others
+at the seat of government, under the direction of the legislature thereof.
+
+_Fourth_--That all salt springs within said state, not exceeding twelve in
+number, with six sections of land adjoining or as contiguous as may be to
+each, shall be granted to said state for its use, and the same to be
+selected by the Governor thereof within one year after the admission of
+said state, and, when so selected, to be used or disposed of on such
+terms, conditions and regulations as the legislature shall direct,
+provided, that no salt spring or land, the right whereof is now vested in
+any individual or individuals, or which may be hereafter confirmed or
+adjudged to any individual or individuals, shall by this article be
+granted to said state.
+
+_Fifth_--That five per centum of the net proceeds of sales of all public
+lands lying within said state, which shall be sold by Congress after the
+admission of said state into the Union, after deducting all the expenses
+incident to the same, shall be paid to said state for the purpose of
+making public roads and internal improvements, as the legislature shall
+direct, provided, the foregoing propositions herein offered, are on the
+condition that the said convention which shall form the constitution of
+said state, shall provide, by a clause in said constitution, or an
+ordinance, unrevocable without the consent of the United States, that said
+state shall never interfere with the primary disposal of the soil within
+the same by the United States, or with any regulations Congress may find
+necessary for securing the title in said soil to _bona fide_ purchasers
+thereof; and that no tax shall be imposed on lands belonging to the United
+States, and that in no case shall non-resident proprietors be taxed higher
+than residents.
+
+
+ACT ADMITTING MINNESOTA INTO THE UNION.
+
+[Passed May 11, 1858.]
+
+Whereas, an act of Congress was passed February twenty-sixth, eighteen
+hundred and fifty-seven, entitled "An act to authorize the people of the
+Territory of Minnesota to form a constitution and state government
+preparatory to their admission into the Union on an equal footing with the
+original states;" and whereas, the people of said territory did, on the
+twenty-ninth day of August, eighteen hundred and fifty-seven, by delegates
+elected for that purpose, form for themselves a constitution and state
+government, which is republican in form, and was ratified and adopted by
+the people at an election held on the thirteenth day of October, eighteen
+hundred and fifty-seven, for that purpose; therefore,
+
+Be it enacted by the Senate and House of Representatives of the United
+States of America in Congress assembled, That the State of Minnesota shall
+be one, and is hereby declared to be one of the United States of America,
+and admitted into the Union on an equal footing with the original states,
+in all respects whatever.
+
+SEC. 2. And be it further enacted, That said state shall be entitled to
+two representatives in Congress, until the next apportionment of
+representatives amongst the several states.
+
+SEC. 3. And be it further enacted, That from and after the admission of
+the State of Minnesota, as hereinbefore provided, all the laws of the
+United States, which are not locally inapplicable, shall have the same
+force and effect within that state as in other states of the Union; and
+the said state is hereby constituted a judicial district of the United
+States, within which a district court with the like powers and
+jurisdiction as the district court of the United States for the district
+of Iowa, shall be established; the judge, attorney and marshal of the
+United States for the said district of Minnesota, shall reside within the
+same, and shall be entitled to the same compensation as the judge,
+attorney and marshal of the district of Iowa; and in all cases of appeal
+or writ of error heretofore prosecuted and now pending in the supreme
+court of the United States upon any record from the supreme court of
+Minnesota Territory, the mandate of execution or order of further
+proceedings shall be directed by the supreme court of the United States to
+the district court of the United States for the district of Minnesota, or
+to the supreme court of the State of Minnesota, as the nature of such
+appeal or writ of error may require; and each of those courts shall be the
+successor of the supreme court of Minnesota Territory, as to all such
+cases, with full power to hear and determine the same, and to award mesne
+or final process therein.
+
+
+RESTORATION OF TENNESSEE TO THE UNION, 1866.
+
+(Thirty-ninth Congress, First Session.)
+
+Joint resolution restoring Tennessee to her relations to the Union.
+
+Whereas, in the year eighteen hundred and sixty-one, the government of
+the state of Tennessee was seized upon and taken possession of by persons
+in hostility to the United States, and the inhabitants of the state in
+pursuance of an act of Congress, were declared to be in a state of
+insurrection against the United States; and whereas, said state government
+can only be restored to its former political relations in the Union by
+consent of the law-making power of the United States; and whereas, the
+people of said state did on the twenty-second day of February, eighteen
+hundred and sixty-five, by a large popular vote, adopt and ratify a
+constitution of government whereby slavery was abolished, and all
+ordinances and laws of secession and debts contracted under the same were
+declared void; and whereas a state government has been organized under
+said constitution which has ratified the amendment to the constitution of
+the United States abolishing slavery, also the amendment proposed by the
+thirty-ninth Congress, and has done other acts proclaiming and denoting
+loyalty; Therefore,
+
+Be it resolved by the Senate and House of Representatives of the United
+States of America in Congress assembled, That the state of Tennessee is
+hereby restored to her former proper, practical relations to the Union,
+and is again entitled to be represented by senators and representatives in
+Congress.
+
+Approved, July 24,1866.
+
+
+THE MECKLENBURGH RESOLUTIONS--1775.
+
+I. Resolved, That whosoever directly or indirectly abets, or in any way,
+form, or manner countenances the unchartered and dangerous invasion of our
+rights, as claimed by Great Britain, is an enemy to this country, to
+America, and to the inherent and inalienable rights of man.
+
+II. Resolved, That we do hereby declare ourselves a free and independent
+people; are, and of right ought to be a sovereign and self-governing
+association, under the control of no power, other than that of our God and
+the general government of the congress: To the maintainance of which
+independence we solemnly pledge to each other our mutual co-operation, our
+lives, our fortunes, and our most sacred honor.
+
+III. Resolved, That as we acknowledge the existence and control of no law
+or legal officer, civil or military, within this county, we do hereby
+ordain and adopt as a rule of life, all, each, and every one of our former
+laws, wherein, nevertheless, the crown of Great Britain never can be
+considered as holding rights, privileges, or authorities therein.
+
+IV. Resolved, That all, each, and every military officer in this county is
+hereby reinstated in his former command and authority, he acting
+conformably to their regulations, and that every member present of this
+delegation, shall henceforth be a civil officer, viz.; a justice of the
+peace, in the character of a committee man, to issue process, hear and
+determine all matters of controversy, according to said adopted laws, and
+to preserve peace, union, and harmony in said county, to use every
+exertion to spread the love of country and fire of freedom throughout
+America, until a more general and organized government be established in
+this province.
+
+ABRAHAM ALEXANDER, Chairman.
+
+JOHN MCKNITT ALEXANDER, Secretary.
+
+NOTE.--This declaration of independence (with a supplementary set of
+resolutions establishing a form of government) was adopted by a convention
+of delegates from different sections of Mecklenburgh county, which
+assembled at Charlotte, May 20, 1775.
+
+
+AGREEMENT BETWEEN THE SETTLERS AT NEW PLYMOUTH.
+
+In the name of God, amen. We, whose names are underwritten, the loyal
+subjects of our dread Sovereign Lord King James, by the grace of God, of
+Great Britain, France, and Ireland, King, Defender of the Faith, &c.
+Having undertaken for the glory of God, and advancement of the Christian
+faith, and the honour of our king and country, a voyage to plant the first
+colony in the northern parts of Virginia;
+
+Do by these presents, solemnly and mutually, in the presence of God and
+one another, covenant and combine ourselves together into a civil body
+politick, for our better ordering and preservation, and furtherance of the
+ends aforesaid. And by virtue hereof do enact, constitute and frame, such
+just and equal laws, ordinances, acts, constitutions, and officers, from
+time to time, as shall be thought most meet and convenient for the general
+good of the colony, unto which we promise all due submission and
+obedience.
+
+In witness whereof we have hereunto subscribed our names at Cape Cod the
+eleventh of November, in the reign of our Sovereign Lord King James, of
+England, France, and Ireland, the eighteenth, and of Scotland, the
+fifty-fourth, anno domini, 1620.
+
+John Carver,      Samuel Fuller,      Edward Tilly,
+William Bradford, Christopher Martin, John Tilly,
+Edward Winslow,   William Mullins,    Francis Cooke,
+William Brewster, William White,      Thomas Rogers,
+Isaac Allerton,   Richard Warren,     Thomas Tinker,
+Miles Standish,   John Howland,       John Ridgdale,
+John Alden,       Steven Hopkins,     Edward Fuller,
+John Turner,      Digery Priest,      Richard Clark,
+Francis Eaton,    Thomas Williams,    Richard Gardiner,
+James Chilton,    Gilbert Winslow,    John Allerton,
+John Craxton,     Edmund Margesson,   Thomas English,
+John Billington,  Peter Brown,        Edward Doten,
+Joses Fletcher,   Richard Bitteridge, Edward Liester,
+John Goodman,     George Soule.
+
+NOTE.--The "Pilgrims" who landed at Plymouth had procured before leaving
+Europe a grant of land from the London or South Virginia Company, but had
+subsequently decided to establish a colony in New England. Before leaving
+the ship which had brought them across the Atlantic they drew up this
+compact. They obtained several successive letters patent from the Plymouth
+Company, but none of them were confirmed by the crown, and in 1691 the
+Plymouth colony was annexed to Massachusetts Bay.
+
+
+TEXAS DECLARATION OF INDEPENDENCE--1836.
+
+Whereas, General Antonio Lopez de Santa Anna and other military chieftains
+have, by force of arms, overthrown the federal institutions of Mexico, and
+dissolved the social compact which existed between Texas and the other
+members of the Mexican Confederacy,--Now, the good people of Texas,
+availing themselves of their natural rights, solemnly declare:
+
+1st. That they have taken up arms in defense of their rights and
+liberties, which were threatened by the encroachments of military despots,
+and in defense of the republican principles of the federal constitution of
+Mexico of eighteen hundred and twenty-four.
+
+2nd. That Texas is no longer, morally or civilly, bound by the compact of
+union; yet, stimulated by the generosity and sympathy common to a free
+people, they offer their support and assistance to such of the members of
+the Mexican Confederacy as will take up arms against military despotism.
+
+3d. That they do not acknowledge that the present authorities of the
+nominal Mexican Republic have the right to govern within the limits of
+Texas.
+
+5th. That they hold it to be their right, during the disorganization of
+the federal system and the reign of despotism, to withdraw from the union,
+to establish an independent government, or to adopt such measures as they
+may deem best calculated to protect their rights and liberties, but that
+they will continue faithful to the Mexican government so long as that
+nation is governed by the constitution and laws that were formed for the
+government of the political association.
+
+6th. That Texas is responsible for the expenses of her armies now in the
+field.
+
+7th. That the public faith of Texas is pledged for the payment of any
+debts contracted by her agents.
+
+8th. That she will reward by donations in land, all who volunteer their
+services in her present struggle, and receive them as citizens.
+
+These declarations we solemnly avow to the world, and call God to witness
+their truth and sincerity; and invoke defeat and disgrace upon our heads,
+should, we prove guilty of duplicity.
+
+RICHARD ELLIS, President.
+
+A.H.S. KIMBLE, Secretary.
+
+
+TREATY WITH GREAT BRITAIN--1846.
+
+The United States of America and Her Majesty the Queen of the United
+Kingdom of Great Britain and Ireland, deeming it to be desirable for the
+future welfare of both countries that the state of doubt and uncertainty
+which has hitherto prevailed respecting the sovereignty and government of
+the territory on the northwest coast of America, lying westward of the
+Rocky or Stony Mountains, should be finally terminated by an amicable
+compromise of the rights mutually asserted by the two parties over the
+said territory, have respectively named plenipotentaries to treat and
+agree concerning the terms of such settlement, that is to say:
+
+The President of the United States of America has, on his part, furnished
+with full powers James Buchanan, Secretary of State of the United  States,
+and Her Majesty the Queen of the United Kingdom of Great Britain and
+Ireland, has, on her part, appointed the Right Honorable Richard
+Parkenham, a member of Her Majesty's Most Honorable Privy Council, and Her
+Majesty's Envoy Extraordinary and Minister Plenipotentiary to the United
+States;
+
+Who after having communicated to each other their respective full powers,
+found in good and due form, have agreed upon and concluded the following
+articles:
+
+ARTICLE I.
+
+From the point on the forty-ninth parallel of north latitude, where the
+boundary laid down in existing treaties and conventions between the United
+States and Great Britain terminates, the line of boundary between the
+territories of the United States and those of Her Brittanic Majesty shall
+be continued westward along the said forty-ninth parallel of north
+latitude to the middle of the channel which separates the continent from
+Vancouver's Island, and thence southerly through the middle of the said
+channel, and of Fuca's Straits, to the Pacific Ocean: _Provided, however,_
+That the navigation of the whole of the said channel and straits, south of
+the forty-ninth parallel of north latitude, remain free and open to both
+parties.
+
+ARTICLE II.
+
+From the point at which the forty-ninth parallel of north latitude shall
+be found to intersect the great northern branch of the Columbia River, the
+navigation of the said branch shall be free and open to the Hudson's Bay
+Company, and to all British subjects trading with the same, to the point
+where the said branch meets the main stream of the Columbia, and thence
+down the said main stream to the ocean, with free access into and through
+the said river or rivers, it being understood that all the usual portages
+along the line thus described shall, in like manner, be free and open.
+
+In navigating the said river or rivers, British subjects, with their goods
+and produce, shall be treated on the same footing as citizens of the
+United States; it being, however, always understood that nothing in this
+article shall be construed as preventing, or intended to prevent, the
+Government of the United States from making any regulations respecting the
+navigation of the said river or rivers not inconsistent with the present
+treaty.
+
+ARTICLE III.
+
+In the future appropriation of the territory south of the forty-ninth
+parallel of north latitude, as provided in the first article of this
+treaty, the possessory rights of the Hudson's Bay Company, and of all
+British subjects who may be already in the occupation of land or other
+property lawfully acquired within the said territory, shall be respected.
+
+ARTICLE IV.
+
+The farms, lands, and other property of every description belonging to the
+Puget's Sound Agricultural Company, on the north side of the Columbia
+River, shall be confirmed to the said company. In case, however, the
+situation of those farms and lands should be considered by the United
+States to be of public and political importance, and the United States
+Government should signify a desire to obtain possession of the whole, or
+of any part thereof, the property so required shall be transferred to the
+said Government, at a proper valuation, to be agreed upon between the
+parties.
+
+ARTICLE V.
+
+The present treaty shall be ratified by the President of the United
+States, by and with the advice and consent of the Senate thereof, and by
+Her Brittanic Majesty; and the ratifications shall be exchanged at London,
+at the expiration of six months from the date hereof, or sooner if
+possible. In witness whereof the respective plenipotentiaries have signed
+the same, and have affixed thereto the seals of their arms.
+
+Done at Washington the fifteenth day of June, in the year of our Lord one
+thousand eight hundred and forty-six.
+
+JAMES BUCHANAN.  [L.S.] RICHARD PARKENHAM. [L.S.]
+
+NOTE.--This treaty was concluded at Washington, June 15, 1846,
+ratifications were exchanged July 17, 1846, and it was proclaimed Aug.
+5,1846.
+
+
+EMANCIPATION PROCLAMATION.
+
+Whereas on the twenty-second day of September, in the year of our Lord one
+thousand eight hundred and sixty two, a proclamation was issued by the
+President of the United States, containing, among other things, the
+following, to-wit:
+
+"That on the first day of January, in the year of our Lord one thousand
+eight hundred and sixty-three, all persons held as slaves within any
+State, or designated part of a State, the people whereof shall then be in
+rebellion against the United States, shall be then, thenceforward, and
+forever free; and the Executive Government of the United States, including
+the military and naval authority thereof, will recognize and maintain the
+freedom of such persons, and will do no act or acts to repress such
+persons, or any of them, in any efforts they may make for their actual
+freedom.
+
+"That the Executive will, on the first day of January aforesaid, by
+proclamation, designate the States and parts of States, if any, in which
+the people thereof, respectively, shall then be in rebellion against the
+United States; and the fact that any State, or the people thereof, shall
+on that day be in good faith represented in the Congress of the United
+States, by members chosen thereto at elections wherein a majority of the
+qualified voters of such state shall have participated, shall, in the
+absence of strong countervailing testimony, be deemed conclusive evidence
+that such State, and the people thereof, are not then in rebellion against
+the United States."
+
+Now, therefore, I, Abraham Lincoln, President of the United States, by
+virtue of the power in me vested as Commander-in-Chief of the Army and
+Navy of the United States in time of actual armed rebellion against the
+authority and Government of the United States, and as a fit and necessary
+war measure for suppressing said rebellion, do, on this first day of
+January, in the year of our Lord one thousand eight hundred and
+sixty-three, and in accordance with my purpose so to do, publicly
+proclaimed for the full period of one hundred days, from the day first
+above mentioned, order and designate as the States and parts of States
+wherein, the people thereof respectively are this day in rebellion against
+the United States, the following, to-wit:
+
+Arkansas, Texas, Louisiana (except the parishes of St. Bernard,
+Plaqueminos, Jefferson, St. John, St. Charles, St. James, Ascension,
+Assumption, Terre Bonne, Lafourche, Ste. Marie, St. Martin, and Orleans,
+including the city of New Orleans), Mississippi, Alabama, Florida,
+Georgia, South Carolina, North Carolina, and Virginia, (except the
+forty-eight counties designated as West Virginia, and also the counties of
+Berkeley, Accomac, Northampton, Elizabeth City, York, Princess Ann, and
+Norfolk, including the cities of Norfolk and Portsmouth), and which
+excepted parts are for the present left precisely as if this proclamation
+were not issued.
+
+And by virtue of the power and for the purpose aforesaid, I do order and
+declare that all persons held as slaves within said designated States and
+parts of States are and henceforward shall be free; and that the Executive
+Government of the United States, including the military and naval
+authorities thereof, will recognize and maintain the freedom of said
+persons.
+
+And I hereby enjoin upon the people so declared to be free to abstain from
+all violence, unless in necessary self-defense; and I recommend to them
+that, in all cases when allowed, they labor faithfully for reasonable
+wages.
+
+And I further declare and make known that such persons, of suitable
+condition, will be received into the armed service of the United States to
+garrison forts, positions, stations, and other places, and to man vessels
+of all sorts in said service.
+
+And upon this act, sincerely believed to be an act of justice, warranted
+by the Constitution upon military necessity, I invoke the considerate
+judgment of mankind, and the gracious favor of Almighty God.
+
+In testimony whereof I have hereunto set my name and caused the seal of
+the United States to be affixed.
+
+Done at the city of Washington this first day of January, in the year of
+our Lord one thousand eight hundred and sixty-three, and of the
+independence of the United States the eighty-seventh.
+
+[Sidenote: L.S.]
+
+ABRAHAM LINCOLN.
+
+By the President:
+
+WILLIAM H. SEWARD, Secretary of State.
+
+
+
+***END OF THE PROJECT GUTENBERG EBOOK STUDIES IN CIVICS***
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