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+The Project Gutenberg EBook of The Government Class Book, by Andrew W. Young
+
+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: The Government Class Book
+       Designed for the Instruction of Youth in the Principles
+       of Constitutional Government and the Rights and Duties of
+       Citizens.
+       
+
+Author: Andrew W. Young
+
+Release Date: March 10, 2005 [EBook #15319]
+
+Language: English
+
+Character set encoding: ISO-8859-1
+
+*** START OF THIS PROJECT GUTENBERG EBOOK THE GOVERNMENT CLASS BOOK ***
+
+
+
+
+Produced by Distributed Proofreaders
+
+
+
+
+[Transcriber's Note: In the original book, questions appeared at the
+bottom of each page. These questions have been compiled at the end of
+the text.]
+
+
+
+
+The Government Class Book;
+
+Designed for the Instruction of Youth in the Principles of
+Constitutional Government and the Rights and Duties of Citizens.
+
+By Andrew W. Young,
+
+Author of "Science of Government," "First Lessons in Civil Government,"
+"American Statesman," "Citizen's Manual of Government and Law."
+
+
+NEW-YORK:
+J. C. DERBY & N. C. MILLER,
+5 SPRUCE STREET, TRIBUNE BUILDINGS.
+1865.
+
+
+
+
+Entered, according to Act of Congress, in the year 1859, by Andrew W.
+Young, in the Clerk's Office of the District Court of the United States
+for the Northern District of New York.
+
+
+
+
+Preface.
+
+
+
+The utility of the diffusion of political knowledge among a people
+exercising the right of self-government, is universally admitted. The
+form of government established by the people of the United States,
+though well adapted to promote the general welfare, is highly
+complicated; and the knowledge requisite to administer it successfully
+can not be acquired without much study. From the fact that a large
+portion of the American people are greatly deficient in this knowledge,
+we may justly conclude that it will never become general, until it shall
+have been made an object of school instruction.
+
+The administration of the government of this great and rapidly
+increasing republic, will, in a few years, devolve upon those who are
+now receiving instruction in the public schools. Yet thousands annually
+complete their school education, who have never devoted any time to the
+study of the principles of the government in which they are soon to take
+a part--who become invested with political power without the preparation
+necessary to exercise it with discretion. The schools are regarded as
+the nurseries of our future statesmen. They share largely in the bounty
+of the state; yet few of them render in return even the rudiments of
+political science to those who are to become her legislators, and
+governors, and judges. Not only in the common schools generally, but in
+a large portion of the high schools and seminaries, this science is not
+included in the course of instruction.
+
+To many of the most enlightened friends of education and of our free
+institutions, it has long been a matter of surprise as well as regret,
+that those to whom the educational interests of the states are more
+immediately intrusted, should so long have treated the study in question
+as of minor importance, or have suffered it to be excluded by studies of
+far less practical utility. The Regents of the University of the State
+of New York have repeatedly noticed the neglect of this study in the
+academies and seminaries subject to their visitation; and they mention
+it as a remarkable fact, that in many of them preference is given to the
+study of the Grecian and Roman antiquities. They say: "The
+constitutions, laws, manners, and customs of ancient Greece and Rome are
+made subjects of regular study, quarter after quarter, while our own
+constitutional jurisprudence, and the every day occurring principles of
+our civil jurisprudence, are not admitted as a part of the academic
+course!"
+
+To persons who are to engage in any of the industrial or professional
+pursuits, a preparatory course of training or discipline is deemed
+indispensable to success. Yet many assume the weighty responsibilities
+of freemen, and allow their sons to do the same, with scarcely any
+knowledge of a freeman's duties. On the intelligent exercise of
+political power, the public prosperity and the security of our liberties
+mainly depend. Every person, therefore, who is entitled to the rights of
+a citizen, is justly held responsible for the proper performance of his
+political duties. And any course of popular instruction which fails to
+impart a knowledge of our system of government, must be materially
+defective.
+
+With a view to supply this deficiency, the author, many years since,
+prepared his "Introduction to the Science of Government." This work soon
+attained considerable popularity, both as a class book in schools, and
+as a book for private reading and reference for adults. Not being
+deemed, however, sufficiently _elementary_ for the children and youth
+in most of our common schools, another work, entitled, "_First Lessons
+in Civil Government_," was written to meet the capacities of younger or
+less advanced scholars than those for whom the previous work was
+designed.
+
+The favorable reception of these works by the public, and the assurances
+of their usefulness to thousands who have studied them, are to the
+author a source of high gratification, and an ample reward for many
+years of arduous labor. The value of these works has, however, been in a
+measure impaired by changes in the government and laws since the time of
+their first publication. The latter, especially, descending so minutely
+into the details of the government of the state for which alone it is
+intended, requires frequent revisions.
+
+It has occurred to the author that a new work, more permanent in the
+character of its matter, and adapted for use in all the states, is
+demanded to supply the deficiency in the present course of education.
+Stimulated by a desire to bear some part in laying a solid foundation
+for our republican institutions, and encouraged by the success of his
+former labors in this department of education, he has, after a
+suspension of several years, resumed his efforts in this enterprise, in
+the hope that, with the coöperation of teachers, and those having
+official supervision of the schools, it may be carried forward to an
+early consummation; when the principles of government shall be made a
+subject of regular study in the schools, and the elements of a sound
+political education shall be accessible to the mass of American youth.
+And he flatters himself, that the attention he has given to this subject
+has enabled him to prepare a work adapted, in a good degree, to meet the
+existing want of the schools.
+
+Many words and phrases, as they occur in the course of the work, have
+been defined; and an attempt has been made to explain the several
+subjects in such a manner as to render them intelligible to youth.
+
+The object which it is the purpose of this work to aid in effecting,
+claims the earnest attention of parents. Every father, at least, is
+bound to see that his sons have the means of acquiring a good political
+education. He can not innocently suffer them to pass from under his
+guardianship unprepared to discharge their political duties.
+
+The study of this work should not be confined to male pupils. It has
+long been considered a striking defect in our system of education, that
+females are not more generally instructed in the principles of civil
+government, and in matters of business. Although they take no active
+part in public affairs, the knowledge here commended would enable them
+to exert a far more powerful and salutary influence upon our national
+character and destiny. As wives, mothers, teachers, and especially as
+counselors of the other sex, they could apply this knowledge to valuable
+purposes. And the question is submitted, whether it would not contribute
+more to their usefulness than some of those accomplishments which form
+so large a part of a modern female education, and which are usually lost
+amidst the cares of married life.
+
+To preserve and transmit the blessings of constitutional liberty, we
+need a healthful patriotism. But a genuine love of country is hardly to
+be expected where there is not a proper appreciation of our political
+institutions, which give it its preeminence among nations. And how can
+they be duly appreciated if they are not understood? It has been one of
+the objects of the writer to bring to view the chief excellencies of our
+system of government, and thus to lay, in the minds of youth, the basis
+of an enlightened and conservative patriotism.
+
+That this work, as an elementary treatise on civil government, is not
+susceptible of improvement, is not pretended. Such as it is, it is
+submitted to the judgment of a candid public. If it shall prove in any
+considerable degree useful, the author's highest expectations will have
+been realized.
+
+
+
+To Teachers.
+
+
+To the meritorious, though often undervalued labors of the instructors
+of American youth, is our country greatly indebted for the successful
+working of its system of free government; and upon the labors of their
+successors rest, in an equal degree, all well-founded hopes of its
+future political prosperity.
+
+The general introduction and profitable study of this work, depend much
+upon a hearty and active coöperation of teachers in the enterprise which
+it is intended to promote. From all who desire to make themselves in the
+highest degree useful in their profession, such coöperation is
+confidently anticipated.
+
+The advantage of instructing a class in civil government, is not
+confined to the pupils. The teacher will find the exercise both
+interesting and profitable to himself. Although pains have been taken to
+adapt the work to the capacities of youth, the definition of many terms
+and phrases, and the further explanation of many subjects, have
+necessarily been left to be supplied by teachers. The study and
+investigation which may in some cases be required to qualify them for
+the task, will be amply rewarded by their own advancement in political
+knowledge.
+
+No intelligent teacher, it is presumed, will object to the introduction
+of this study, on the ground that there is not sufficient time or room
+for an additional exercise. Useful as all the branches now taught may be
+justly deemed, all of them are not, as is a knowledge of government,
+indispensable to the security of our liberties. The latter is of far
+greater importance to an American citizen, than a knowledge of some
+portions of arithmetic and the higher mathematics; and in the opinion of
+some distinguished educators the time now devoted to these, in many
+schools, is sufficient to acquire a tolerable political education. It is
+believed, however, that this study need not exclude, or essentially
+interfere with, any of the studies pursued in the schools generally. By
+the more advanced scholars in the common schools, the work may be used
+as a reading book, and thus a two-fold advantage be gained from its use.
+
+To assist the more inexperienced teachers in conducting the exercise, a
+few questions have been appended to the chapters. Questions may be added
+by the teachers at pleasure, or to such extent as may be thought
+necessary. And it is believed the recitations may be made more
+profitable to pupils, by requiring them, so far as may be, to give
+answers in their own words. To some of the printed questions, no answers
+are furnished by the chapters and sections referred to, but may be found
+in the Synopsis of the State Constitutions, or other parts of the work.
+Occasionally questions have been inserted to which no part of the work
+furnishes the answers.
+
+
+
+
+Contents
+
+
+
+Principles of Government.
+
+
+Chapter I.
+
+     Mankind fitted for Society, and for Civil Government and Laws
+
+Chapter II.
+
+     Rights and Liberty, defined
+
+Chapter III.
+
+     Laws defined
+
+Chapter IV.
+
+     Different Forms of Government. Monarchy; Aristocracy; Democracy;
+     Republic
+
+
+
+State Governments.
+
+
+Chapter V.
+
+     The Nature and Objects of a Constitution, and the manner in which
+     it is made
+
+Chapter VI.
+
+     Qualifications of Electors; or, by whom Political Power is
+     exercised in the States of this Union
+
+Chapter VII.
+
+     Elections
+
+Chapter VIII.
+
+     Division of the Powers of Government
+
+Chapter IX.
+
+     States Legislatures--how constituted
+
+Chapter X.
+
+     Meetings and Organization of the Legislature
+
+Chapter XI.
+
+     Manner of Enacting Laws
+
+Chapter XII.
+
+     Executive Department. Governor and Lieutenant Governor
+
+Chapter XIII.
+
+     Assistant Executive State Officers
+
+Chapter XIV.
+
+     Counties and County Officers. Powers and Duties of County Officers
+
+Chapter XV.
+
+     Towns and Town Officers. Powers and Duties of Town Officers
+
+Chapter XVI.
+
+     Incorporation and Government of Cities, Villages, &c.
+
+Chapter XVII.
+
+     Judicial Department. Justices' Courts
+
+Chapter XVIII.
+
+     Trial by Jury; Execution; Attachment; Appeals; Arrest of Offenders
+
+Chapter XIX.
+
+     Courts other than Justices' Courts; Grand and Petit Juries, &c.
+
+Chapter XX.
+
+     Chancery or Equity Courts; Probate Courts; Court of Impeachment
+
+Chapter XXI.
+
+     Assessment and Collection of Taxes
+
+Chapter XXII.
+
+     Education. School Funds; Schools, &c.
+
+Chapter XXIII.
+
+     Canals and Railroads
+
+Chapter XXIV.
+
+     Banks and Insurance Companies
+
+Chapter XXV.
+
+     The Militia
+
+
+
+Government of the United States.
+
+
+Chapter XXVI.
+
+     Causes of the Revolution
+
+Chapter XXVII.
+
+     Nature of the Union under the Confederation
+
+Chapter XXVIII.
+
+     Nature of the Union under the Constitution
+
+Chapter XXIX.
+
+     Legislative Department. House of Representatives
+
+Chapter XXX.
+
+     The Senate
+
+Chapter XXXI.
+
+     Power of Congress to lay Taxes, Duties, &c.; Power to Borrow Money
+
+Chapter XXXII.
+
+     Power to Regulate Commerce. Commerce with Foreign Nations
+
+Chapter XXXIII.
+
+     Power to Regulate Commerce, continued. Navigation; Commerce among
+     the States, and with the Indian Tribes
+
+Chapter XXXIV.
+
+     Powers of Congress in Relation to Naturalization; Bankruptcy;
+     Coining Money; Weights and Measures; Punishment of Counterfeiting
+
+Chapter XXXV.
+
+     Powers of Congress in Relation to Post-Offices; Copy-Rights and
+     Patents; Inferior Courts
+
+Chapter XXXVI.
+
+     Powers of Congress in Relation to Piracy and Offenses against the
+     Law of Nations; War; Marque and Reprisal; Public Defense; District
+     of Columbia; Implied Powers
+
+Chapter XXXVII.
+
+     Prohibitions on Congress
+
+Chapter XXXVIII.
+
+     Prohibition on the States
+
+Chapter XXXIX.
+
+     Executive Department. President and Vice-President; their Election,
+     Qualifications, &c.
+
+Chapter XL.
+
+     Powers and Duties of the President; Treaties; Public Ministers;
+     Appointments and Removals
+
+Chapter XLI.
+
+     Auxiliary Executive Departments. Departments of State, of the
+     Treasury, of the Interior, of War, of the Navy, of the Post-Office;
+     Attorney General
+
+Chapter XLII.
+
+     Judicial Department. District Courts; Circuit Courts; Supreme Court
+
+Chapter XLIII.
+
+     Treason Defined, its Punishment
+
+Chapter XLIV.
+
+     State Records; Privileges of Citizens; Fugitives; Admission of New
+     States; Power over Territory; Guaranty of Republican Government
+
+Chapter XLV.
+
+     Provision for Amendments; Assumptions of Public Debt; Supremacy of
+     the Constitution, &c.; Oaths and Tests; Ratification of the
+     Constitution
+
+Chapter XLVI.
+
+     Amendments to the Constitution
+
+
+
+Common and Statutory Law.
+
+
+Chapter XLVII.
+
+     Rights of Persons. Personal Security; Personal Liberty; Religious
+     Liberty; Liberty of Speech, and of the Press; Right of Property
+
+Chapter XLVIII.
+
+     Domestic Relations. Husband and Wife
+
+Chapter XLIX.
+
+     Domestic Relations, continued. Parent and Child; Guardian and Ward;
+     Minors; Masters, Apprentices, and Servants
+
+Chapter L.
+
+     Rights of Property. How Title to Property is acquired; Wills and
+     Testaments; Title to Property by Descent
+
+Chapter LI.
+
+     Deeds and Mortgages
+
+Chapter LII.
+
+     Incorporeal Hereditaments, Right of Way; Aquatic Rights, &c.
+
+Chapter LIII.
+
+     Leases. Estates for Life; Estates for Years; Estates at Will;
+     Estates by Sufferance; Rent, &c.
+
+Chapter LIV.
+
+     Contracts in General
+
+Chapter LV.
+
+     Contracts of Sale
+
+Chapter LVI.
+
+     Fraudulent Sales; Assignments; Gifts, &c.
+
+Chapter LVII.
+
+     Bailment
+
+Chapter LVIII.
+
+     Principal and Agent, or Factor; Broker; Lien, &c.
+
+Chapter LIX.
+
+     Partnership
+
+Chapter LX.
+
+     Promissory Notes
+
+Chapter LXI.
+
+     Bills of Exchange; Interest; Usury
+
+Chapter LXII.
+
+     Crimes and Misdemeanors
+
+
+
+Law of Nations.
+
+
+Chapter LXIII.
+
+     Origin and Progress of the Law of Nations; the Natural, Customary,
+     and Conventional Laws of Nations
+
+Chapter LXIV.
+
+     The Jurisdiction of Nations; their mutual Rights and Obligations;
+     the Rights of Embassadors, Ministers, &c.
+
+Chapter LXV.
+
+     Offensive and Defensive War; just Causes of War; Reprisals;
+     Alliances in War
+
+Chapter LXVI.
+
+     Declaration of War; its Effect upon the Person and Property of the
+     Enemy's Subjects; Stratagems in War; Privateering
+
+Chapter LXVII.
+
+     Rights and Duties of Neutral Nations; Contraband Goods; Blockade;
+     Right of Search; Safe Conducts and Passports; Truces; Treaties of
+     Peace
+
+
+Synopsis of the State Constitutions.
+
+Maine
+New Hampshire
+Vermont
+Massachusetts
+Rhode Island
+Connecticut
+New York
+New Jersey
+Pennsylvania
+Delaware
+Maryland
+Virginia
+North Carolina
+South Carolina
+Georgia
+Florida
+Alabama
+Mississippi
+Louisiana
+Texas
+Arkansas
+Missouri
+Tennessee
+Kentucky
+Ohio
+Indiana
+Illinois
+Michigan
+Wisconsin
+Iowa
+California
+Minnesota
+
+Constitution of the United States
+
+
+
+
+
+Government Class Book.
+
+
+
+
+
+Principles of Government.
+
+
+
+
+Chapter I.
+
+Mankind fitted for Society, and for Civil Government and Laws.
+
+
+
+§1. Mankind are social beings. They are by nature fitted for society. By
+this we mean that they are naturally disposed to associate with each
+other. Indeed, such is their nature, that they could not be happy
+without such association. Hence we conclude that the Creator has
+designed men for society. It can not, therefore, be true, as some say,
+that the savage state is the natural state of man.
+
+§2. Man is so formed that he is dependent upon his fellow men. He has
+not the natural strength of other animals. He needs the assistance of
+creatures like himself to protect and preserve his own being. We can
+hardly imagine how a person could procure the necessaries of life
+without such assistance. But men have the gifts of reason and speech. By
+conversation they are enabled to improve their reason and increase their
+knowledge, and to find methods of supplying their wants, and of
+improving their social condition.
+
+§3. But, although men need the assistance of each other, they are so
+formed that each must have the care of himself. If every man were fed
+and clothed from a common store, provided by the labor of all, many,
+depending upon the labor of others, would be less industrious than they
+now are. By the present arrangement in society, which obliges every man
+to provide for his own wants, more is earned, a greater number are cared
+for, and the general welfare is better promoted than would be done if
+each labored for the benefit of all.
+
+
+§4. From this arrangement comes the right of property. If each man's
+earnings should go into a common stock for the use of all, there would
+be nothing that any one could call his own. But if each is to provide
+for himself, he must have a right to use and enjoy the fruits of his own
+labor.
+
+§5. But all men in society have the same rights. Therefore, in laboring
+to supply our wants, and to gratify our desires, we can not rightfully
+do so any further than is consistent with the rights of others. Hence we
+see the necessity of some established rules for securing to every member
+of society the free enjoyment of what justly belongs to him, and for
+regulating his conduct toward his fellow-members.
+
+§6. These rules for regulating the social actions of men, are called
+laws. _Law_, in a general sense, is a rule of action, and is applied to
+all kinds of action. But in its limited and proper sense, it denotes the
+rules of human action prescribing what men are to do, and forbidding
+what they are not to do.
+
+§7. We have seen that man is fitted for society, and that laws are
+necessary to govern the conduct of men in the social state. We see also
+that mankind are fitted by nature for government and laws. Man is also a
+moral being. The word _moral_ has various significations. Sometimes it
+means only virtuous, or just; as, a moral man; that is, a man of moral
+character, or who lives a moral life; by which is meant that the conduct
+of the man is just and right.
+
+§8. But in a wider sense, the word moral relates to the social actions
+of men, both right and wrong. Thus, in speaking of the character of a
+man, we say, his morals are good, or his morals are bad. And of an
+action, we say, it is morally right, or it is morally wrong. Man's
+having a moral nature implies that he has a sense of right and wrong, or
+at least the power or faculty of acquiring it; and, being a moral agent,
+he is accountable for his actions.
+
+§9. Thus we have seen that men are social, reasonable, and moral beings.
+They have power to discern their own wants and the wants of their fellow
+men; to perceive what is right and what is wrong; and to know that they
+ought to do what is right and to forbear to do what is wrong. Their
+reason enables them to understand the meaning of laws, and to discover
+what laws are necessary to regulate the social actions of men. Hence we
+conclude that they are fitted and designed for society, and for
+government and law.
+
+§10. The youngest reader probably knows, that in speaking of society, we
+do not refer to any of those associations usually called societies, but
+to _civil_ society, composed of the people of a state or nation. A
+_nation_, or _state_, is a large number of persons united under some
+form of government; as, the French nation; the British nation; or the
+state of New-York; the state of Virginia. Sometimes it signifies the
+ruling or governing power of a state or nation, as, the state has
+provided for educating its citizens, and for supporting the poor.
+
+§11. The object of the people in forming a state association, or, as is
+sometimes said, of entering into civil society, is to promote their
+mutual safety and happiness. In uniting for this purpose, they agree to
+be governed by certain established rules and principles; and the
+governing of the people of a state or nation according to these rules,
+is called _civil government_. The word _government_ also signifies the
+rules and principles themselves by which the people are governed; and
+sometimes the persons who administer the government--that is those who
+make the laws of a state and carry them into effect--are called _the
+government_.
+
+
+
+
+Chapter II.
+
+Rights and Liberty, defined.
+
+
+
+§1. We have spoken of the rights of men, and of laws as designed to
+secure to men the free enjoyment of their rights. But a more particular
+definition of rights and laws will be useful to young persons just
+commencing the study of civil government.
+
+§2. A _right_ means ownership, or the just claim or lawful title which a
+person has to anything. What we have acquired by honest labor, or other
+lawful means, is rightfully our own; and we are justly entitled to the
+free use and enjoyment of it. We have a right also to be free in our
+actions. We may go where we please, and do what ever we think necessary
+for our own safety and happiness; provided we do not trespass upon the
+rights of others; for it must be remembered that others have the same
+rights as ourselves.
+
+§3. The rights here mentioned are _natural_ rights. They are so called
+because they are ours by nature or by birth; and they can not be justly
+taken from us or alienated. Hence they are also called _inalienable_. We
+may, however, forfeit them by some offense or crime. If, for example, a
+man is fined for breaking a law, he loses his right to the money he is
+obliged to pay. By stealing, he forfeits his liberty, and may be justly
+imprisoned. By committing murder, he forfeits his right to life, and may
+be hanged.
+
+§4. Rights are also called personal, political, civil, and religious.
+_Personal rights_, or the _rights of persons_, are rights belonging to
+persons as individuals, and consist of the right of _personal security_,
+or the right to be secure from injury to our bodies, or persons, or our
+good names; the right of _personal liberty_, or the liberty of moving,
+acting, or speaking without unjust restraint; and the _right of
+property_, or the right to acquire and enjoy property. The terms
+_rights of person_ and _rights of persons_, or _personal rights_, have
+not the same meaning. The rights of person, as the term is generally
+used, does not include the right of property; personal rights include
+both the right of property and the rights of person.
+
+§5. _Political rights_ are those which belong to the people in their
+political capacity. The word _political_, in a general sense, relates to
+government. The whole body of the people united under one government, is
+called the political body, or body politic. The right of the people to
+choose and establish for themselves a form of government, or
+constitution, and the right to elect persons to make and execute the
+laws, are political rights. The right of voting at elections is
+therefore a political right.
+
+§6. _Civil rights_ are those which are secured to the citizens by the
+laws of the state. Some make no distinction between civil rights and
+political rights. In a proper sense--that in which the terms are here
+used--there is this difference: political rights are those secured by
+the political or fundamental law, called the constitution; civil rights
+are more properly those which are secured by the civil or municipal
+laws. The difference will more clearly appear from the definition
+elsewhere given of the political and civil laws. (Chap. III. §5, 6.)
+
+§7. _Religious rights_ consist in the right of a man to make known and
+maintain his religious opinions, and to worship God in that way and
+manner which he believes in his conscience to be most acceptable to his
+Maker. This right is called also the _right of conscience_. But in
+exercising this right, a man may not abuse it by violating the rights of
+others, or disturbing the peace and order of society.
+
+§8. Now, although human rights are thus divided into classes and
+differently defined, they are all natural rights. It is generally held
+in this country as a truth, that "all men are created equal;" that is,
+born with the same rights. And if men, as social and moral beings, are
+fitted by _nature_ and designed for government and laws, we conclude
+that their political, civil, and religious rights, and all other rights
+to which they are entitled by the law of nature, are natural rights.
+
+§9. _Liberty_ is the being free to exercise and enjoy our rights, and is
+called natural, political, civil, or religious, according to the
+particular class of rights referred to. Thus the exercise of rights
+guarantied by the constitution or political law, is called political
+liberty. The free enjoyment of rights secured by the civil or municipal
+laws, is called civil liberty. And freedom of religious opinion and
+worship is called religious liberty.
+
+§10. Hence liberty itself is a natural right. The words _right_ and
+_liberty_, however, have not the same meaning. We may have a right to a
+thing when we have not the liberty of using it. John has a pencil which
+is justly his own; but James takes it from him by force. John's liberty
+to enjoy the use of his pencil is lost, but his right to it remains.
+James has no right to the use of the pencil, though he enjoys the use of
+it.
+
+§11. This example serves also to explain further the use of the
+different terms applied to rights and liberty. John's right to his
+pencil, being guarantied to him by the laws of civil society, is a
+_civil_ right. It is with equal propriety called a _natural_ right,
+because, by the law of nature, he has a right to the use of his pencil.
+
+
+
+
+Chapter III.
+
+Laws, defined.
+
+
+
+§1. Law has been briefly defined. (Chap. 1. §6.) As in the case of
+rights and liberty, laws are distinguished by different names; as, the
+law of nature, or natural law; the moral law; the law of revelation, or
+revealed law; the political law; the civil or municipal law.
+
+§2. The _law of nature_, is of the highest possible authority, being
+established by the supreme Lawgiver himself. It is called the law of
+nature, because it is right in itself--right in the nature of things,
+and ought to be obeyed, though no positive command had ever been given
+to men. It is a perfect rule of right for all moral and social beings.
+It is that eternal rule of right to which God himself conforms.
+
+§3. The law of nature, as a rule of human action, arises out of man's
+relation to his Maker and to his fellow men. As a creature, he must be
+subject to the laws of his Creator, on whom he is dependent. He is also
+in a measure dependent upon his fellow beings. All being created equal,
+each is bound by the principles of natural justice to render to others
+that assistance which is necessary to make them as happy as himself, or
+which they justly owe to him in return.
+
+§4. The _moral law_ is that which prescribes to men their duties to God
+and to each other. As a rule of human conduct therefore, it corresponds
+exactly to the law of nature. The moral law is briefly expressed in the
+decalogue or ten commandments, and is still more briefly summed up in
+the two great commandments, to love God with all our heart and to love
+our neighbor as ourselves. God being its author, it is called the
+_divine law_; and, being found in the Holy Scriptures, in which his will
+is revealed to mankind, it is called the _revealed law_, or _law of
+revelation_.
+
+§5. _Political law_, as has been observed, is that system or form of
+fundamental rules, called the constitution, by which the people in their
+political capacity, or as a body politic, agree to be governed. The
+nature of this law will more clearly appear from a more particular
+definition of constitution, and from a description of the manner in
+which a constitution is made. (Chap. V.)
+
+§6. The word _municipal_ was used by the Romans to designate that which
+related to a _municipium_, which was a free town, or city. The rights of
+a citizen of such free city or town were called _municipal rights_, and
+its officers were called _municipal officers_. In this country, the word
+is not only used in this limited sense, but is extended to what
+pertains to a state. Hence the body of laws which prescribe the duties
+of the citizens of a state, are called the _municipal_ or _civil law_.
+And the term is used to distinguish the laws made by the legislature, or
+law-making power of the state, from the constitution, or political law,
+adopted by the people in their political capacity.
+
+§7. If, as has been said, the laws of the Creator form a perfect rule of
+conduct for all mankind, and ought in all cases to be obeyed, then all
+human law ought to agree with the divine law. If a human law is contrary
+to the divine law, or if it requires us to disobey the commands of God,
+it is not binding, and should not be obeyed. So the Scriptures teach.
+They speak approvingly of men who disobeyed human authority, and who
+gave as the reason, that it was their duty to obey God rather than men;
+and they furnish many examples of good men who submitted to severe
+punishment, even to death, rather than do what they knew to be contrary
+to the divine will.
+
+§8. But although the divine will as revealed in the Scriptures, is a
+perfect rule or law for all mankind, and although human laws ought to
+conform to the divine law, yet it would be impossible to govern the
+people of a state by that law alone. The divine law is broad, and
+comprehends rules to teach men their whole duty; but it does not specify
+every particular act of duty. Much of it consists of general principles
+to which particular acts must be made to conform. It requires men to
+deal justly with each other; but men do not always agree as to what is
+right. Human laws, therefore, become necessary to declare what shall be
+considered just and right between man and man.
+
+§9. It may be observed, further, that all the divine precepts could not
+be carried into effect in civil government. They are spiritual, and
+reach to the thoughts and intents of the heart. They require us to love
+our Creator supremely, and our neighbor as ourselves; in other words, to
+do to others as we would that they should do to us. But as the
+omniscient God only knows when men fail in these duties, no human
+authority could enforce such a law. Human laws, therefore, have respect
+chiefly to the outward acts of men, and are designed to regulate their
+intercourse with each other.
+
+§10. Although the laws of the state can not compel men to fulfill the
+great law of love, it is nevertheless morally binding upon all. A
+perfectly holy Creator could consistently require of his moral and
+accountable creatures nothing less than supreme love to himself, and
+equal love to one another. This, as has been remarked, is in accordance
+with the law of nature, which is right in the nature of things. (Chap.
+III. §2, 3.)
+
+§11. While the divine law accords perfectly with the principles of
+natural justice, the giving of it to mankind manifests the wisdom and
+benevolence of the supreme Lawgiver. Man is so formed, that it is for
+his highest happiness strictly to obey this law. The generous man, in
+relieving the wants of others, contributes to his own happiness. The boy
+who divides an apple with his fellow, is more happy than he would be if
+he retained the whole to himself. It is generally true, that, in
+performing acts of kindness and charity to others, we most effectually
+promote our own happiness, and feel the saying to be true, "It is more
+blessed to give than to receive."
+
+
+
+
+Chapter IV.
+
+Different Forms of Government. Monarchy; Aristocracy; Democracy;
+Republic.
+
+
+
+§1. Governments have existed in a great variety of forms. The earliest
+governments of which we have any knowledge, are the patriarchal.
+_Patriarch_, from the Greek, _pater_, father, and _arkos_, chief, or
+head, means the father and ruler of a family. This kind of government
+prevailed in the early ages of the world, and in a state of society in
+which the people dwelt together in families or tribes, and were not yet
+formed into states or nations. The patriarchal government existed before
+the flood, and for a long period afterward. Abraham, Isaac, and Jacob,
+the fathers of the Hebrew race, as also the sons of Jacob, the heads of
+the twelve tribes, were called patriarchs.
+
+§2. After their departure from Egypt, the government of the Hebrews was
+a _theocracy_. This word is from _theos_, God, and _kratos_, power, and
+signifies a government by the immediate direction of God. The laws by
+which they were governed were given to them on Mount Sinai by God
+himself, their leader and king. This theocratic form of government, with
+some changes, existed until the coming of the Messiah.
+
+§3. But the forms of government which have most prevailed, are
+designated by the terms, monarchy, aristocracy, and democracy, or
+republic. These words severally indicate by what persons, and in what
+manner, the governing power of a state is exercised. This power is
+usually called the _sovereign_, or _supreme_ power. Where kings rule,
+they are called sovereign; and where the power is in the hands of the
+people, the people are sovereign. In the strict sense of the term,
+however, entire sovereignty, or supreme power, exists only where power
+is exercised by one man, or a single body of men, uncontrolled or
+unrestrained by laws or by any other power. But in a more general sense,
+it is that power in a state which is superior to all other powers within
+the same.
+
+§4. A form of government in which the supreme power is in the hands of
+one person, is called a monarchy. The word _monarch_ is from two Greek
+words, _monos_ sole or only, and _arkos_, a chief; and is a general name
+for a single ruler, whether he is called king, emperor, or prince. A
+government in which all power resides in or proceeds from one person, is
+an _absolute_ monarchy. If the power of the monarch is restrained by
+laws or by some other power, it is called a _limited_ monarchy.
+
+§5. A monarchy is called _hereditary_ in which the throne passes from
+father to son, or from the monarch to his successor, by inheritance. On
+the death of a sovereign, the eldest son is usually heir to the crown;
+or if there is no son, it falls to the daughter, or some other relative.
+A monarchy is _elective_, where, on the death of the ruler, his
+successor is appointed by an election. A few such monarchies have
+existed.
+
+§6. An absolute monarchy is sometimes called _despotism_. The word
+_despot_ is from the Greek, and means _master_, or _lord_. It has nearly
+the same meaning as _tyrant_, which also is from the Greek, and
+signifies _king_. These words at first meant simply a single ruler. They
+are now applied, for the most part, to rulers who exercise authority
+over their subjects with severity. In an absolute despotism, the monarch
+has entire control over his subjects. They have no law but the will of
+the ruler, who has at command a large force of armed men to keep his
+people in subjection. The governments of Russia and Turkey are highly
+despotic.
+
+§7. An _aristocracy_ is a form of government in which the power is
+exercised by a privileged order of men, distinguished for their rank and
+wealth. The word _aristocracy_ is from the Greek word _aristos_, best,
+and _kratos_, power, or _krateo_, to govern; and means a government of
+the best. It is also used for the nobility of a country under a
+monarchical government. _Nobles_ are persons of rank above the common
+people, and bear some title of honor. The titles of the English nobility
+are those of duke, marquis, earl, viscount, and baron. These titles are
+hereditary, being derived from birth. In some cases they are conferred
+upon persons by the king.
+
+§8. A _democracy_ is a government of the people; the word democracy
+being from the Greek _demos_, the people, and _krateo_, to govern. In a
+government purely democratic, the great body of freemen meet in one
+assembly to make and execute the laws. There were some such governments
+in ancient Greece; but they necessarily comprised small territories,
+scarcely more than a single town. The freemen of a state could not all
+meet in a single assembly.
+
+§9. The government of this country, though a government of the people,
+is not one of the kind just described; it is a republic. A _republic_ is
+a government in which the power to enact and execute the laws is
+exercised by representatives, who are persons elected by the people to
+act for them. Yet, as not only the election of representatives, but the
+adoption of the constitution or form of government itself is the act of
+the people; and as, therefore, all power comes from the people, the
+government is also democratic; and is properly called a _democratic
+republic_, or a _representative democracy_.
+
+§10. A republic is sometimes also called a _commonwealth_. _Common_
+signifies general, and is applied to what belongs to or is used by the
+people generally. _Weal_ means welfare or happiness. _Wealth_ also was
+formerly sometimes used for weal. Hence _commonwealth_ means strictly
+the _common good_, or the _common happiness_. In a general sense it
+signifies a state; but it is properly applied to a free state, one in
+which the people enjoy common rights and privileges. Hence every state
+in the union is a commonwealth or republic.
+
+
+
+
+
+State Governments.
+
+
+
+
+Chapter V.
+
+The Nature and Objects of a Constitution, and the Manner in which it is
+made.
+
+
+
+§1. Of all the different forms of government which have existed, a
+republican government, on the plan of that which has been established in
+this country, is believed to be best adapted to secure the liberties of
+a people, and to promote the general welfare. Under the reign of a wise
+and virtuous ruler, the rights of person and property may be fully
+enjoyed, and the people may be in a good degree prosperous. But the
+requisite virtue and wisdom have seldom been found in any one man or a
+few men. And experience has proved that the objects of civil government
+may be best secured by a written constitution founded upon the will or
+consent of the people.
+
+§2. The word _constitute_ is from the Latin, and signifies _to set_, to
+fix, to establish. _Constitution_, when used in a political sense, means
+the established form of government of a state. In a free government,
+like ours, it is properly called the _political law_, being established
+by the people as a body politic, or political body. (Chap. III,
+§5.) It is also called the _fundamental law_, because it is the
+_foundation_ of all other laws of the state, which are enacted by the
+legislature for regulating intercourse between the citizens, and are
+called the _municipal_ or _civil_ law, and must conform to the
+fundamental, or political law.
+
+§3. A constitution is in the nature of an agreement between a whole
+community or body politic and each of its members. This agreement or
+contract implies, that each one binds himself to the whole, and the
+whole bind themselves to each one, that all shall be governed by certain
+laws and regulations for the common good.
+
+§4. The nature of a constitution will further appear from the manner in
+which it is made. It is evident that a people, in establishing a
+constitution, must have some right or authority to act in the business.
+Whence this right is derived, we will not now stop to inquire. There is,
+however, somewhere power to enact a law authorizing the people to make a
+constitution and prescribing the manner in which it is to be made.
+
+§5. In forming a constitution, the people must act collectively. But
+their number is too large to meet in a single assembly. Therefore they
+choose a small number to act for them. One or more are chosen in each
+county, or smaller district, and are called delegates. A _delegate_ is a
+person appointed by another with power to transact business as his
+representative. The assembly composed of the delegates so elected, is
+called _convention_; a name given to most public meetings other than
+legislative assemblies. Delegate and representative are words of nearly
+the same meaning. The latter, however, usually designates a person
+chosen to assist in making the laws of the state.
+
+§6. The rules agreed upon by the convention as a basis of government,
+are arranged in proper form. The several portions relating to the
+different subjects are called articles, and numbered; and the articles
+are divided into sections, which also are numbered. But what has been
+thus prepared by the convention is not yet a constitution. It is only a
+draft of one, and can not become a constitution without the consent of
+the people to be given at an election. If a majority of the persons
+voting at such election vote in favor of the proposed constitution, it
+is adopted, and becomes the constitution of the state.
+
+§7. One of the most valuable rights of the people under a free
+government, is the right to have a constitution of their own choice.
+Indeed it is in this right that their freedom principally consists. It
+is by the constitution that their rights are secured. All the people
+join in establishing the constitution; but they do not all unite in
+making and executing the laws; in other words, they do not themselves
+administer the government; this is done by their representatives. But if
+these should enact unjust and oppressive laws; the people, having by
+their constitution reserved the right to displace them, may do so by
+electing others in their stead.
+
+§8. In an absolute monarchy the people have no political rights--the
+right to establish a form of government for themselves, and the right to
+elect those who are to make and administer the laws. The monarch has
+entire control over his subjects. He can take their lives and property
+when he pleases. His will is their law; and he has at command a large
+force of armed men to keep his people in subjection.
+
+§9. In a limited monarchy, the people have some political rights. Such a
+monarchy is Great Britain. The king or sovereign is in a measure
+restrained by laws; and he can not make laws alone. The laws are framed
+and agreed to by parliament, and must be approved by the king or queen.
+Parliament consists of two bodies of men, the house of lords and the
+house of commons. The members of the latter are elected by the people,
+who, in such election, exercise a political right.
+
+§10. But the political right of establishing a constitution or form of
+government, is not enjoyed by the people of that country. They have no
+written instrument, like ours, called constitution, adopted by the
+people. What is there called the constitution, is the aggregate or sum
+of laws, principles, and customs, which have been formed in the course
+of centuries. There is therefore no restraint upon the power of
+parliament; hence no law which may be enacted is contrary to the
+constitution; and the people have not the same security against the
+enactment of unjust laws as the people of the United States.
+
+
+
+
+Chapter VI.
+
+Qualifications of Electors; or, by whom Political Power is exercised in
+the States of this Union.
+
+
+
+§1. One of the first provisions usually inserted in a constitution of a
+free state, is that which declares who shall be allowed to take a part
+in the government; that is, to whom the political power shall be
+intrusted. As this power is exercised by voting at elections, the
+constitution very properly prescribes the qualifications of electors,
+or, in other words, declares what shall be necessary to entitle a man to
+the right of voting, or the right of suffrage. When, therefore, we speak
+of the people politically, we mean those only who are qualified
+electors.
+
+§2. To be competent to exercise the right of suffrage, a person must be
+a freeman, or, as we sometimes say, he should be his own master. While
+under the control of a parent or guardian, he might be constrained to
+act contrary to his own judgment. All our state constitutions,
+therefore, give this right only to free male citizens of the age of
+twenty-one years and upwards; twenty-one years being the age at which
+young men become free to act for themselves.
+
+§3. But even if this freedom were obtained at an earlier age, it would
+not be expedient to bestow this right upon persons so young. They have
+not the necessary knowledge and judgment to act with discretion. Some
+are competent at an earlier age; but a constitution can make no
+distinction between citizens. It has therefore, in accordance with the
+general opinion, fixed the time at the age of twenty-one, when men shall
+be deemed capable of exercising the rights and performing the duties of
+freemen.
+
+§4. That a man may vote understandingly, he must have resided long
+enough in the state to have become acquainted with its government and
+laws, and to have learned the character and qualifications of the
+persons for whom he votes. State constitutions therefore require, that
+electors shall have resided in the state for a specified period of time,
+varying, however, in the different states from three months to two
+years. In most of the states, they must also have resided for some
+months in the county or district, and be residents of the town in which
+they offer to vote.
+
+§5. But in giving the right of suffrage to all free male citizens
+twenty-one years of age, it is not given to every _man_, because all
+_men_ of that age are not citizens. Persons born in foreign countries
+and residing here are _aliens_, and are not entitled to the political
+rights of persons born in this country. They are presumed to have too
+little knowledge of our government, and to feel too little interest in
+public affairs, on their first coming hither, to be duly qualified for
+the exercise of political power. Laws, however, have been enacted for
+naturalizing aliens after they shall have resided here long enough to
+become acquainted with and attached to our government. By naturalization
+they become citizens, entitled to all the privileges of native or
+natural born citizens, (Chap. XXXIV, §3, 4.)
+
+§6. The constitutions of most of the states confer the rights of an
+elector on _white_ male citizens only. Maine, New Hampshire, Vermont,
+Massachusetts, and Rhode Island, are the only states in which colored
+men have the same electoral rights as white citizens. In New York, men
+of color owning a freehold estate (an estate in lands) of the value of
+$250, are qualified voters.
+
+§7. It is provided also in state constitutions, that electors committing
+infamous crimes are disfranchised. _Franchise_ is a right or privilege
+enjoyed by the citizens of a state. Hence the right of voting at
+elections is called the _elective franchise_; and an elector, when
+deprived of this privilege, is _disfranchised_. An _infamous crime_ is
+one which is punishable by imprisonment in a state prison. Men guilty of
+high crimes are deemed unfit to be intrusted with so important a duty as
+that of electing the persons who are to make and execute the laws of the
+state. It is provided, however, that if such persons are pardoned before
+the expiration of the term for which they were sentenced to be
+imprisoned, their forfeited rights are restored.
+
+§8. By the earliest constitutions of many of the old states, electors
+were required to own property, or to have paid rents or taxes, to a
+certain amount. In the election of the higher officers, freeholders only
+were entitled to vote. A _freeholder_ is an owner of real estate,
+(property in lands,) which he holds in his own right, and may transmit
+to his heirs. In the constitutions of the newer states, property has not
+been made a qualification of an elector; and in the amended
+constitutions of the old states this restriction upon the elective
+franchise has been removed, until it has nearly ceased to exist in the
+United States. It is now enjoyed by all white male freemen, with few
+exceptions, in almost every state of the Union.
+
+
+
+
+Chapter VII.
+
+Elections.
+
+
+
+§1. For the convenient exercise of political power, as well as for the
+purposes of government generally, the territory of a state is divided
+into districts of small extent. It has been remarked, that the people of
+a state, being too numerous to meet in one assembly to make laws and
+transact the public business, elect a small number to represent them.
+But to elect these representatives and other officers, and to adopt the
+constitution, or fundamental law of the state, are political duties,
+which must be performed by the people in person, and in a _collective_
+capacity. Hence the necessity of small territorial divisions, in which
+the people may assemble for political purposes.
+
+§2. A state is divided into counties, and these are divided into towns
+or townships. The people of every county and every town have power to
+manage their local concerns. The corporate powers of counties and towns,
+and the election and the powers and duties of county and town officers,
+will be given in subsequent chapters.
+
+§3. The electors of the state meet every year in their respective towns
+for the election of officers. Meetings for electing town officers are,
+in a majority of the states, held in the earlier part of the year. Most
+officers elected by the people, other than town officers, are chosen at
+the general state election, which, in most of the states, is held in
+October or November.
+
+§4. Elections are conducted by persons designated by law, or chosen by
+the electors of the town for that purpose. It is their duty to preserve
+order, and to see that the business is properly done. They are usually
+called _judges of elections_, or _inspectors of elections_. Persons
+also, (usually two,) serve as clerks. Each clerk keeps a list of the
+names of the persons voting, which is called a _poll-list. Poll_, which
+is said to be a Saxon word, signifies _head_, and has come to mean
+person. Thus, so much a head means so much for every _person_ By a
+further change it has been made to signify an election, because the
+persons there voting are numbered. Hence, "going to the polls" has
+obtained the same meaning as going to an election.
+
+§5. When the inspectors are ready to receive votes, one of them makes it
+known by proclaiming with a loud voice, that "the polls are now open."
+The inspectors receive from each voter a ballot, which is a piece of
+paper containing the names of the persons voted for, and the title of
+the office to which each of them is to be elected. _Ballot_, from the
+French, means a little ball, and is used in voting. Ballots are of
+different colors; those of one color signifying an affirmative vote, or
+_yes_; those of another color a negative vote, or _no_. From this has
+come the application of the word ballot to the written or printed ticket
+now used in voting.
+
+§6. If no objection is made to an elector's voting, the ballot is put
+into the box, and the clerks enter his name on the poll-list. If the
+inspectors suspect that a person offering to vote is not a qualified
+elector, they may question him upon his oath in respect to his
+qualifications as to age, the term of his residence in the state and
+county, and citizenship. Any bystander also may question his right to
+vote. This is called _challenging_. A person thus challenged is not
+allowed to vote until the challenge is withdrawn, or his qualifications
+are either proved by the testimony of other persons, or sworn to by
+himself.
+
+§7. In a few states, the voters are registered. A list is kept of the
+names of all who have, upon examination, been ascertained to be
+qualified electors; and those only whose names are on the register are
+allowed to vote. Thus many interruptions to voting by the examination of
+voters at the polls, and much illegal voting, are prevented. Voters in
+some states are also required to take what is called the "elector's
+oath," in which they promise to be true and faithful to the state and
+its government, and to the constitution of the United States; and to
+give their votes as they shall judge will conduce to the best good of
+the same.
+
+§8. After the polls are closed, the box is opened, and the ballots are
+counted. If the number of ballots agrees with the number of names on the
+poll-lists, it is presumed no mistake has been made, either in voting or
+in keeping the lists. If the election is one for the choosing of town
+officers, it is there determined who are elected, and their election is
+publicly declared.
+
+§9. The election of county and state officers can not be determined by
+the town canvassers. A statement of the votes given in each town for the
+persons voted for, is sent to the county canvassers, who, from the
+returns of votes from all the towns, determine and declare the election
+of the officers chosen for the county. To determine the election of
+state officers, and of such others as are elected for districts
+comprising more than one county, a statement of the votes given for the
+several candidates, is sent by the several boards of county canvassers
+to the state canvassers, who, from the returns of votes from the several
+counties, determine the election of the state officers.
+
+§10. In a few states, voting at elections is done _viva voce_. These
+words mean by word of mouth. In voting in this manner, the elector
+speaks the name of the person for whom he votes.
+
+§11. In most of the states, persons are elected by a plurality of votes.
+An election by _plurality_ is when the person elected has received a
+higher number of votes than any other, though such number be less than a
+majority of all the votes given. Suppose, for example, three candidates
+receive 1000 votes: One receives 450; another, 300; the third, 250
+votes. The first, having the highest number, though not a majority, is
+elected. In the New England, or eastern states, a _majority_, that is,
+more than one-half of all the votes given, is necessary to the election
+of many of the higher officers. The least number of votes out of 1000,
+by which a person can be elected by this rule, is 501.
+
+§12. Either of these modes is liable to objection. When a simple
+plurality effects an election, 1,000 votes may be so divided upon three
+candidates as to elect one by 334 votes; or of four candidates, one may
+be elected by 251 votes, and against the wishes of nearly three-fourths
+of the electors. An objection to the other mode is, that if no person
+receives a majority of all the votes, another election must be held.
+Numerous trials have, in some instances, been necessary to effect a
+choice; and the people of a district have remained for a time without a
+representative in the state or national legislature.
+
+
+
+
+Chapter VIII.
+
+Division of the Powers of Government.
+
+
+
+§1. Having shown the nature of a constitution and the manner in which it
+is made and adopted, it will next be shown how the powers of government
+under a state constitution are divided. As the excellence of a form of
+government consists much in a proper separation and distribution of
+power, this subject deserves special attention.
+
+§2. We notice first the separation of the political and civil powers.
+The words _political_ and _civil_ are often used as having the same
+meaning. Thus, speaking of the system of government and laws of a
+country, we use the general term, "political institutions," or "civil
+institutions;" either of which is deemed correct. But these words have
+also a particular signification, as has already been shown in the
+distinction made in preceding chapters between political rights and
+civil rights, and between the political law and the municipal or civil
+laws. (Chap. II, and III.) Hence it appears, that what we mean by
+political power is the power exercised by the people in their political
+capacity, in adopting their constitution and electing the officers of
+the government; and that, by the civil power is meant the power
+exercised by these officers in administering the government.
+
+§3. In an absolute government, no such distinction exists; all power is
+centered in the supreme ruler. There is no political law binding on him.
+Being himself restrained by no positive laws or regulations that have
+been adopted by the people, or that may be altered by them, the people
+have no political rights. In a mixed government, or limited monarchy,
+political power is exercised to some extent. Although there is no
+written constitution adopted by the people, as in a republic, the
+members of one branch of the law-making power are elected by the people.
+In such election they are said to exercise political power.
+
+§4. We notice next the division of the civil power. This power, in well
+constructed governments, is divided into three departments, the
+legislative, the executive, and the judicial. The legislative department
+is that by which the laws of the state are made. The legislature is
+composed of two bodies, the members of which are elected by the people.
+In limited monarchies where one branch of the legislature is elective,
+the other is an aristocratic body, composed of men of wealth and
+dignity, as the British house of lords.
+
+§5. The executive department is intrusted with the power of executing,
+or carrying into effect, the laws of the state. There is in this
+department a governor, assisted by a number of other officers, some of
+whom are elected by the people; others are appointed in such manner as
+the constitution or laws prescribe. The powers and duties of the
+governor of a state will be more particularly described in another
+place.
+
+§6. The judicial department is that by which justice is administered to
+the citizens. It embraces the several courts of the state. All judges
+and justices of the peace are judicial officers; and they have power,
+and it is their business to judge of and apply the law in cases brought
+before them for trial. A more particular description of the powers and
+duties of judicial officers, and the manner of conducting trials in
+courts of justice, will be given elsewhere. (Chap. XVII-XX.)
+
+§7. Experience has shown the propriety of dividing the civil power into
+these three departments, and of confining the officers of each
+department to the powers and duties belonging to the same. Those who
+make the laws should not exercise the power of executing them; nor
+should they who either make or execute the laws sit in judgment over
+those who are brought before them for trial. A government in which the
+different powers of making, executing, and applying the laws should be
+united in a single body of men, however numerous, would be little better
+than an absolute despotism.
+
+§8. Again, the legislative department of the civil power is divided.
+Under all our state constitutions, the legislature consists of two
+branches, both of which must agree to a proposed measure before it
+becomes a law; and in many of the states, it must also be approved by
+the governor. This is making the chief executive officer a third branch
+of the law-making power; and is not in accordance with the principle of
+keeping the several departments of the civil power separate and distinct
+from each other. The reason for this departure from the general
+principle mentioned, will be stated in another chapter. (Chap. XI. §16.)
+
+
+
+
+Chapter IX.
+
+State Legislatures--how constituted.
+
+
+
+§1. The legislature of every state in the union is composed of two
+houses--a senate and a house of representatives. The latter, or, as it
+is sometimes called, the lower house, in the states of New York,
+Wisconsin, and California, is called the assembly; in Maryland and
+Virginia, the house of delegates; in North Carolina, the house of
+commons; and in New Jersey, the general assembly. In most of the
+states, the two houses together are called _general assembly_.
+
+§2. The senate, as well as the other house, is a representative body;
+its members being elected by the people to represent them. Why, then, is
+only one of the two branches called the house of representatives?
+Perhaps for this reason: Under the governments of the colonies, while
+yet subject to Great Britian, there was but one representative assembly.
+The other branch of the legislature was called a _council_, consisting
+of a small number of men who were appointed by the king. After the
+colonies became free and independent states, a senate was substituted
+for the old council, and although it is an elective body, the other
+house, being much more numerous, is called, by way of distinction, the
+_house of representatives_.
+
+§3. Senators are chosen annually in the six New England states, namely,
+Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, and
+Connecticut. In the other states they are elected for terms of two,
+three, or four years. In most of the states in which senators are
+elected for longer terms than one year, they are not all elected at the
+same time. They are divided into classes; and those of one class go out
+of office one year, and those of another class another year; so that
+only a part of the senators are elected every year, or every two, or
+three, or four years.
+
+§4. The senate, as distinguished from the house of representatives, is
+sometimes called the upper house. It was designed to be a more select
+body, composed of men chosen with reference to their superior ability,
+or their greater experience in public affairs.
+
+§5. Senators are differently apportioned in different states. In some
+states they are apportioned among the several counties, so that the
+number to be elected in each county shall be in proportion to the number
+of its inhabitants. In others they are elected by districts, equal in
+number to the number of senators to be chosen in the state, and a
+senator is elected in each district. The districts are to contain, as
+nearly as may be, an equal number of inhabitants; and sometimes they
+comprise several counties.
+
+§6. Representatives are apportioned among the counties in proportion to
+the population in each. In some states they are elected in districts of
+equal population, counties being sometimes divided in the formation of
+districts. In the New England states, representatives are apportioned
+among the towns. In about one-half of the states, they are elected
+annually; in the others, (including-most of the southern and western
+states,) they are elected every two years.
+
+§7. The different modes of apportioning members of the legislature have
+in view the same object--equal representation; that is, giving a member
+to the same number of inhabitants in one county or district as to an
+equal number in another. But in some counties the population increases
+more rapidly than in others. The representation then becomes unequal,
+being no longer in proportion to population.
+
+§8. In order to keep the representation throughout the state as nearly
+equal as possible; in other words, to secure to the people of every
+county or district their just proportion of the representatives, the
+constitution requires that, at stated times, the people of the state
+shall be numbered, and a new apportionment of senators and
+representatives be made among the several counties according to the
+number of inhabitants in each county; or if the state is one in which
+members of the legislature are chosen in districts, a new division of
+the state is made into districts.
+
+§9. But the periods of time between the enumerations of the people, are
+not the same in all the states. In some states the enumerations are made
+every ten years; in others, shorter periods have been fixed, from eight
+down to four years. This enumeration or numbering of the people is
+called taking the census. _Census_ is from the Latin, and was used by
+the ancient Romans to signify a declaration or statement made before the
+censors by the citizens, containing an enumeration or register of
+themselves, their wives, children, servants, and their property and its
+valuation. In the United States, although the census sometimes includes
+a similar register, the word usually means simply an enumeration of the
+people.
+
+§10. The constitution also prescribes the qualifications of senators and
+representatives. If, as qualifications for an elector, full age,
+citizenship, and a considerable term of residence in the state and
+county, are properly required, as we have seen, (Chap. VI. §2-5,) they
+must be at least equally necessary for those who make the laws. In no
+state, therefore, are any but qualified electors eligible to the office
+of senator or representative. In some states, greater age and longer
+residence are required; and in some, the age and term of residence have
+been still further increased in the case of senators. The property
+qualification formerly necessary for members of the legislature, as well
+as for voters, has been almost entirely abolished. (Chap. VI. §8.)
+
+§11. If a member of the legislature dies, or resigns his office before
+the expiration of the term for which he was chosen, the vacancy is
+filled by the election of another person at the next general election,
+or at a special election called for that purpose, or in such other
+manner as the constitution may provide. But a person chosen to fill a
+vacancy, holds the office only for the remainder of the term of him
+whose place he was chosen to supply.
+
+
+
+
+Chapter X.
+
+Meetings and Organization of the Legislature.
+
+
+
+§1. The legislature meets as often as the constitution requires, to
+enact such laws as may be necessary to promote the public welfare, and
+to perform such other duties as are assigned to it by the constitution
+and the laws. In about half of the states, sessions are held annually;
+in the others biennially, or once in two years. A legislative session
+includes the daily meetings of a legislature from the time of its first
+assembling, to the day of final adjournment. Thus we say the session
+commenced in January and ended in March. The word _session_ has
+reference also to a single sitting, from the hour at which the members
+assemble on any day, to the time of adjournment on the same day. Thus we
+say, the legislature holds a daily session of four hours; or, it holds
+two sessions a day, as the case may be.
+
+§2. Meetings of the legislature are held at a place permanently fixed by
+the constitution; at which place the principal state officers keep their
+offices. Hence it is called the _seat of government_, or perhaps more
+frequently, the _capital_ of the state. _Capital_ is from the Latin
+_caput_, the head, and has come to mean chief, or the highest. A capital
+city is therefore the chief city of a state or kingdom. But the word
+_capital_, applied to a city, now generally indicates the seat of
+government.
+
+§3. When the two houses have assembled in their respective chambers,
+some person designated for that purpose administers to the members of
+each house the oath of office, in which they solemnly swear (or affirm,)
+that they will support the constitution of the United States, and the
+constitution of the state, and faithfully discharge the duties of their
+office.
+
+§4. Each house then proceeds to _organize_ for business, by appointing
+proper officers, and determining the right of members to seats in the
+house. In organizing a legislative body, the first thing done is the
+election of a presiding officer, or chairman, who is usually called
+_speaker_. The lieutenant-governor, in states in which there is one,
+presides in the senate, and is called _president of the senate_. In the
+absence of the presiding officer, a temporary speaker or president is
+chosen, who is called speaker or president _pro tempore_, commonly
+abbreviated, _pro tem._, which is a Latin phrase, meaning _for the
+time_.
+
+§5. The duty of the person presiding is to keep order, and to see that
+the business of the house is conducted according to certain established
+rules. When a vote is to be taken, he puts the question, which is done
+by requesting all who are in favor of a proposed measure, to say _aye_,
+and those opposed to say _no_. And, when a vote has been taken, he
+declares the question to be carried or lost. This part of a speaker's
+business is similar to that of the chairman of an ordinary public
+meeting.
+
+§6. The other officers chosen by each house are, a _clerk_ to keep a
+record or journal of its proceedings; to take charge of papers, and to
+read such as are to be read to the house; and to do such other things as
+may be required of him; a _sergeant-at-arms_, to arrest members and
+other persons guilty of disorderly conduct, to compel the attendance of
+absent members, and to do other business of a like nature: also one or
+more _door-keepers_. The officers mentioned in this section are not
+chosen from the members of the house.
+
+§7. The constitution does not prescribe to either house the order of
+business, or the particular manner in which it shall be done; but
+authorizes each house to determine for itself the rules of its
+proceedings. But there are sundry things which it expressly enjoins. It
+determines what portion of the members shall constitute a quorum to do
+business. _Quorum_ is the Latin of the English words, _of whom_, and has
+strangely come to signify the _number_ or _portion_ of any body of men
+who have power to act for the whole. Thus with reference to a
+legislative body consisting of a certain number of members, instead of
+saying, A majority _quorum_ shall have power to act; or, A majority _of
+whom_ shall have power to act, our constitutions generally say, A
+majority shall constitute a quorum to do business. In some states, more
+than a bare majority is required for a quorum.
+
+§8. Constitutions generally require also that the proceedings of
+legislative bodies shall be open to public inspection. The doors may be
+closed against spectators only when the public good shall require
+secrecy. And that the people may be fully informed of what is done, each
+house is required to keep and publish a journal of its proceedings.
+
+§9. Provision is also made, either by the constitution or by laws
+against injury or interruption to the business of the legislature.
+Members may not, by any prosecution at law, except for crimes and
+misdemeanors, be hindered during their attendance at the sessions of the
+legislature, nor in going to or returning from the same. Each house may
+compel the attendance of absent members. It may for good cause expel a
+member, and punish, not only its members and officers, but other
+persons, for disorderly conduct, or for obstructing its proceedings.
+
+
+
+
+Chapter XI.
+
+Manner of Enacting Laws.
+
+
+
+§1. When the two houses are duly organized and ready for business, the
+governor sends to both houses a written communication called _message_,
+in which, as the constitution requires, he gives to the legislature
+information of the condition of the affairs of the state, and recommends
+such measures as he judges necessary and expedient. The message is read
+to each house by its clerk.
+
+§2. But the measures to which the governor calls the attention of the
+legislature, are but a small portion of those which are considered and
+acted upon. Many are introduced by individual members. Others are
+brought into notice by the petitions of the people in different parts of
+the state. _Petition_ generally signifies a request or prayer. As here
+used, it means a written request to the legislature for some
+favor--generally for a law granting some benefit or relief to the
+petitioners. Petitions are sent to members, usually to those who
+represent the counties or districts in which the petitioners live, and
+are by these members presented to the house.
+
+§3. Now it is evident, that a proper consideration of the numerous
+subjects pressed upon the attention of the legislature--some of them of
+very great importance--must require much labor. If the necessary
+investigation of so many subjects should occupy the time of the whole
+house, there would not be time enough to act upon one-half of them.
+Therefore, in order to dispatch business, the labor of the house must be
+divided, that the investigation of all the different subjects may be
+going on at the same time.
+
+§4. Hence arises the practice which prevails in all legislative bodies,
+of the appointment of committees. As soon as may be, after a house is
+organized, committees are appointed on all subjects usually acted on in
+the legislature. A legislative committee is generally composed of three,
+five, or seven members, who examine the subjects referred to them, and
+report the result of their examination to the house. Committees are
+appointed by the presiding officer of each house. Occasionally, though
+very rarely, they are elected by the house itself.
+
+§5. Some or all of the following committees are appointed in every
+legislature: a committee on finance, or the funds, income, and other
+money matters of the state, sometimes called the committee of ways and
+means; a committee on agriculture; a committee on manufactures;
+committees on the incorporation of cities and villages; on banks and
+insurance companies; on railroads; on canals; on education; on
+elections; on public printing, besides many others. So numerous are
+these subjects, that in constituting the committees, every member may be
+put on some committee.
+
+§6. All matters relating to these subjects of a general nature, which
+arise during the session, are referred to their appropriate committees.
+Thus, a question or proposition relating to banks, is referred to the
+committee on banks; matters relating to rail-roads, are referred to the
+committee on rail-roads; those relating to schools, are referred to the
+committee on education, &c. As these committees continue during the
+session, they are called _standing_ committees. When a question arises
+having no relation to any subject on which there is a standing
+committee, it is usually referred to a _special_ or _select_ committee
+appointed to consider this particular matter.
+
+§7. Committees meet in private rooms, during hours when the house is not
+in session; and any person wishing to be heard in favor of or against a
+proposed measure, may appear before the committee having it in charge.
+Having duly considered the subject, the committee reports to the house
+the information it has obtained, with the opinion whether the measure
+ought or ought not to become a law. Measures reported against by
+committees, seldom receive any further notice from the house.
+
+§8. From what has been said, the utility of committees is readily seen.
+Although no proposed measure can become a law unless acted on and
+approved by the two houses, its necessity may be inquired into, and the
+information necessary to enable the house to act understandingly upon
+the question, may be obtained, as well by a few members as by the whole
+house. By the daily examination of so many subjects in committee, a
+large amount of business is soon prepared for the house to act upon, and
+much of its time is saved.
+
+§9. If a committee reports favorably upon a subject, it usually brings
+in a bill with its report. A _bill_ is the form or draft of a law. Not
+all bills, however, are reported by committees. Any member of the house
+desiring the passage of a law, may give notice that he will, on some
+future day, ask leave of the house to introduce a bill for that purpose;
+and if, at the time specified, the house shall grant leave, he may
+introduce the bill. But at least one day's previous notice must be given
+of his intention to ask leave, before it can be granted.
+
+§10. The different steps in the progress of a bill, or the different
+forms of action through which it has to pass, are numerous. A minute
+description of them in a work designed chiefly for youth, will scarcely
+be expected. A thorough knowledge of the proceedings of legislative
+assemblies, can be practically beneficial, in after life, to but few of
+those who shall study this elementary treatise. Those who shall
+hereafter have occasion for this knowledge, will find works adapted to a
+more mature age, in which the subject is fully treated.
+
+§11. A bill, before it is passed, must be read three times; but it may
+not be read twice on any one day without unanimous consent, that is, the
+consent of the whole house; or, as is believed to be the rule in some
+bodies, the consent of three-fourths, or two-thirds of the house. In
+some legislatures, the rule allows the first and second readings to be
+on the same day. A bill is not to be amended until it shall have been
+twice read. Nor is it usual for it to be opposed until then; but it may
+be opposed and rejected at the first reading.
+
+§12. After a bill has been twice read, and fully debated and amended, it
+is proposed to be read on a future day the third time. If the question
+on ordering the bill to a third reading is not carried, the bill is
+lost, unless revived by a vote of the house to reconsider. But if the
+question to read the third time is carried, the bill is accordingly read
+on a future day, and the question taken on its final passage.
+
+§13. When the final vote is to be taken, the speaker puts the question:
+"Shall the bill pass?" If a majority of the members present vote in the
+affirmative, (the speaker also voting,) the bill is passed; if a
+majority vote in the negative, the bill is lost. Also if the ayes and
+noes are equal, it is lost, because there is not a majority in its
+favor. In a senate where a lieutenant-governor presides, not being
+properly a member, he does not vote, except when the ayes and noes are
+equal; in which case there is said to be a _tie_; and he determines the
+question by his vote, which is called the _casting_ vote. In some
+states, on the final passage of a bill, a bare majority of the members
+present is not sufficient to pass it, in case any members are absent.
+The constitutions of those states require the votes of a majority of
+_all the members elected_ to each house.
+
+§14. When a bill has passed one house it is sent to the other, where it
+must pass through the same forms of action; that is, it must be referred
+to a committee; reported by the committee to the house; and be read
+three times before a vote is taken on its passage. This vote having
+been taken, the bill is returned to the house from which it was
+received. If it has been amended, the amendments must be agreed to by
+the first house, or the second must recede from their amendments, or the
+amendments must be so modified as to secure the approval of both houses,
+before the bill can become a law.
+
+§15. Some young reader may inquire why a bill should take so long and
+slow a course through two different houses; and why one body of
+representatives is not sufficient. The object is to secure the enactment
+of good laws. Notwithstanding bills go through the hands of a committee
+and three different readings in the house; yet through undue haste,
+wrong information, or from other causes, a house may, and often does,
+commit serious errors. Legislatures are therefore divided into two
+branches; and a bill having passed one house is sent to the other where
+the mistakes of the former may be corrected, or the bill wholly
+rejected.
+
+§16. But in many of the states, a bill, when passed by both houses, is
+not yet a law. As the two houses may concur in adopting an unwise
+measure, an additional safeguard is provided against the enactment of
+bad laws, by requiring all bills to be sent to the governor for
+examination and approval. If he approves a bill, he signs it, and it is
+a law; if he does not sign it, it is not a law. In refusing to sign a
+bill, he is said to _negative_, or _veto_ the bill. _Veto_, Latin,
+means, _I forbid_.
+
+§17. But no governor has full power to prevent the passage of a law. If
+he does not approve a bill, he must return it to the house in which it
+originated, stating his objections to it; and if it shall be again
+passed by both houses, it will be a law without the governor's assent
+But in such cases greater majorities are generally required to pass a
+law. In some states, a majority of two-thirds of the members present is
+necessary; in others, a majority of _all the members elected_. In a few
+states, only the same majorities are required to pass a bill against
+the veto as in the first instance. Or if the governor does not return a
+bill within a certain number of days, it becomes a law without his
+signature, or without being considered a second time. In some states,
+bills are not sent to the governor, but are laws when passed by both
+houses and signed by their presiding officers.
+
+
+
+
+Chapter XII.
+
+Executive Department. Governor and Lieutenant-Governor.
+
+
+
+§1. The chief executive power of a state is, by the constitution, vested
+in a governor. The governor is chosen by the people at the general
+election; in South Carolina by the legislature. The term of office is
+not the same in all the states. In the six New England states, the
+governors are chosen annually; in the other states, for the different
+terms of two, three, and four years.
+
+§2. The qualifications for the office of governor are also different in
+the different states. To be eligible to the office of governor, a person
+must have been for a certain number of years a citizen of the United
+States, and for a term of years preceding his election a resident of the
+state. He must also be above a certain age, which, in a majority of the
+states, is at least thirty years; and in some states he must be a
+freeholder.
+
+§3. The powers and duties of a governor are numerous. He communicates by
+message to the legislature, at every session, information of the
+condition of the state of its affairs generally, and recommends such
+measures as he judges necessary and expedient. He is to take care that
+the laws be faithfully executed, and to transact all necessary business
+with the officers of the government. He may convene the legislature on
+extraordinary occasions: that is, if, at a time when the legislature is
+not in session, a matter should arise requiring immediate attention, the
+governor may call a special meeting of the legislature, or as it is
+usually termed, an extra session.
+
+§4. A governor has power to grant reprieves and pardons, except in cases
+of impeachment, and, in some states, of treason. To _reprieve_ is to
+postpone or delay for a time the execution of the sentence of death upon
+a criminal. To _pardon_ is to annul the sentence by forgiving the
+offense and releasing the offender. A governor may also _commute_ a
+sentence; which is to exchange one penalty or punishment for another of
+less severity; as, when a person sentenced to suffer death, is ordered
+to be imprisoned.
+
+§5. The governor has power also, in some of the states, with the consent
+of the senate, to appoint the higher officers of the militia of the
+state, and the higher civil officers in the executive and judicial
+departments. In a few of the states, there are executive councils whose
+advice and consent are required in such cases. In making such
+appointments, the governor nominates, that is, he _names_ to the senate,
+in writing, the persons to be appointed. If a majority of the senators
+consent, the persons so nominated are appointed. Many other duties are
+by the constitution devolved upon the governor.
+
+§6. A lieutenant-governor has few duties to perform. He presides in the
+senate, in which he has only a casting vote. In the state of New York,
+he serves in some of the boards of executive officers. In nearly
+one-half of the states the office of lieutenant-governor does not exist.
+The chief object of electing this officer seems to be to provide a
+suitable person to fill the vacancy in the office of governor in case
+the latter should die, resign, be removed, or otherwise become
+incompetent.
+
+§7. When the lieutenant-governor acts as governor, the senate chooses
+from its own number a president. If the offices of both the governor and
+lieutenant-governor should become vacant, the president of the senate
+must act as governor. If there should be neither a governor, a
+lieutenant-governor, nor a president or speaker of the senate, then, the
+speaker of the house of representatives would become the acting
+governor. This is believed to be the rule for supplying vacancies in
+most if not all of the states.
+
+
+
+
+Chapter XIII.
+
+Assistant Executive State Officers.
+
+
+
+§1. Among the executive officers who assist in the administration of the
+government, there are in every state, some or all of the following: a
+secretary of state, a controller or auditor, a treasurer, an
+attorney-general, a surveyor-general. The mode of their appointment and
+the terms of their respective offices, are prescribed by the
+constitution or by law. In some states they are appointed by the
+governor and senate; in others by the legislature; and in others they
+are elected by the people. They keep their offices at the seat of
+government of the state.
+
+§2. The _secretary of state_ keeps a record of the official acts and
+proceedings of the legislature and of the executive departments, and has
+the care of the books, records, deeds of the state, parchments, the laws
+enacted by the legislature, and all other papers and documents required
+by law to be kept in his office. He causes the laws passed by the
+legislature to be published in one or more newspapers, as directed by
+law; and also to be printed and bound in a volume, and distributed among
+the state officers for their use, and among the county and town clerks,
+to be kept in their offices for the use of the people who wish to
+examine the laws. Also one or more copies are exchanged with each of the
+other states for copies of their laws to be kept in the state library.
+Various other duties are performed by the secretary.
+
+§3. The _state auditor_, in some states called _controller_, manages
+the financial concerns of the state; that is, the business relating to
+the money, debts, land and other property of the state. He examines and
+adjusts accounts and claims against the state, and superintends the
+collection of moneys due the state. When money is to be paid out of the
+treasury, he draws a warrant (a written order,) on the treasurer for the
+money, and keeps a regular account with the treasurer of all moneys
+received into and paid out of the treasury. And he reports to the
+legislature or other proper officers, a statement of the funds of the
+state, and of its income and expenditures during each year.
+
+§4. The _treasurer_ has charge of all the public moneys that are paid
+into the treasury, and pays out the same as directed by law; and he
+keeps an accurate account of such moneys, specifying the names of the
+persons from whom they are received, to whom paid, and for what
+purposes. He also exhibits annually a statement of moneys received and
+paid out by him during the year, and of the balance in the treasury.
+
+§5. Auditors, treasurers, and other officers intrusted with the care and
+management of money or other property, are generally required, before
+they enter on the duties of their offices, to give bonds, in sums of
+certain amount specified in the law, with sufficient sureties, for the
+faithful performance of their duties. The sureties are persons who bind
+themselves to pay the state all damages arising from neglect of duty on
+the part of the officers, not exceeding the sum mentioned in the bond.
+
+§6. The _attorney-general_ is a person learned in the law, appointed to
+act for the state in law-suits in which the state is a party. He
+prosecutes persons indebted to the state, and causes to be brought to
+trial persons charged with certain crimes. He also gives his opinion on
+questions of law submitted to him by the governor, the legislature, and
+the executive officers. In some states there is no attorney-general. In
+such states prosecutions in behalf of the state are conducted by the
+state's attorney for each county.
+
+§7. The _surveyor-general_ superintends the surveying of the lands
+belonging to the state. He keeps in his office maps of the state,
+describing the bounds of the counties and townships; and when disputes
+arise respecting the boundaries, he causes surveys to be made, if
+necessary, to ascertain such bounds. He performs certain other duties of
+a similar nature. In many of the states there is no surveyor-general,
+the duties of that office being done by a county surveyor in each
+county.
+
+§8. There is also, in many of the states, a _superintendent of schools_,
+called in some states, _superintendent of public instruction_, whose
+principal duties are described in a subsequent chapter. (Chap. XXII,
+§10.)
+
+§9. There is also a printer to the state, or _state printer_, whose
+business it is to print the journal, bills, reports, and other papers
+and documents of the two houses of the legislature, and all the laws
+passed at each session. State printers are either chosen by the
+legislature, or employed by persons authorized to make contracts for the
+public printing; or the printing is let to the lowest bidder.
+
+§10. There are other officers employed by the state, among whom are the
+following: a _state librarian_, who has charge of the state library,
+consisting of books containing matter of a public nature, such as the
+laws of all the states, and of the United States, with a large
+collection of miscellaneous books; persons having the care of the public
+buildings and other property of the state; superintendents of state
+prisons, lunatic asylums, and other state institutions, whose duties are
+indicated by their titles, and need no particular description.
+
+
+
+
+Chapter XIV.
+
+Counties ind County Officers. Powers and Duties of County Officers.
+
+
+
+§1. Some of the purposes for which a state is divided into small
+districts have been mentioned. (Chap. VII, §1.) There are other reasons,
+equally important, for these territorial divisions. Laws for the whole
+state are made by the legislature; but certain regulations may be
+necessary for the people in some parts of the state which are not needed
+in others, and which the people of these places can better make for
+themselves. It is the business of the governor and his assistant
+executive state officers to execute or carry into effect the laws of the
+state; but they could not see this done in every place, or in every
+minute portion of the state. Again, for the convenience of those who may
+be obliged to go to law to obtain redress for injuries, courts of
+justice must be established near the residence of every citizen.
+
+§2. But in order to carry out these objects, a state must be divided
+into small districts with fixed boundaries, that it may be known what
+persons come under certain regulations, and over whom these local
+officers are to exercise authority. The smallest territorial divisions
+of a state are called _townships_, or _towns_, which contain generally
+from twenty-five to one hundred square miles, and which, if in a square
+form, would be from five to ten miles square. But for certain purposes
+larger districts than townships have been found necessary. These are
+formed by the union of several townships, and are called _counties_.
+These divisions are the same as those of England, the country from which
+the colonies (now states) were chiefly settled.
+
+§3. Counties in England were formerly districts governed by _counts_ or
+earls; from which comes the name of _county_. A county was also called
+_shire_; and an officer was appointed by the count or earl to perform
+certain acts in the principal town in the county, which was called
+_shire town_, and the officer was called _shire-reeve_, or _sheriff_,
+whose powers and duties were similar to those of the sheriff of a county
+in this country. The shire town is that in which the court-house and
+other county buildings are situate, and where the principal officers of
+the county transact their business. In a few counties there are two
+towns in which the courts are held alternately. Hence each division is
+called a _half-shire_.
+
+§4. Counties and towns are bodies politic, or bodies corporate.
+_Corporate_ is from the Latin, _corpus_, which means _body_. A
+_corporation_, or body politic, is an association of persons authorized
+by law to transact business under a common name, and as a single person.
+The laws of the state give such authority to the inhabitants of counties
+and towns. The people of a town or county have power, to some extent, to
+manage their own internal affairs, and to make rules and regulations for
+their government; and they may buy, hold, and sell property, and sue and
+be sued, as an individual. Similar powers are given to rail-road,
+banking, insurance, and other incorporated companies. But there is in
+some respects a difference between these corporations and those which
+are created for purposes of government, as states, counties, towns,
+cities, and villages, which will be noticed in another place. (Chap.
+XVI.)
+
+§5. As a county possesses various corporate powers, there must be among
+its officers some in whose name these powers are to be exercised. In
+some states there is a board of _county commissioners_, (usually three,)
+who exercise corporate powers. In a few, these powers are exercised by
+and in the name of the _board of supervisors_, which is composed of the
+supervisors of the several towns in the county, of whom there is one
+supervisor in each town. These boards, or such officers in other states
+as exercise these powers, have generally the power also to examine and
+settle the accounts against the county, and to make orders and contracts
+in relation to the building or repairing of the court-house, jail, and
+other county buildings; and to perform such other acts as the laws
+require.
+
+§6. There is in each county a _treasurer_ to receive and pay out the
+moneys required to be collected and paid out in the county. There is
+also, in some states, a county _auditor_ to examine and adjust the
+accounts and debts of the county, and to perform certain other duties.
+The business of county treasurers and auditors in their respective
+counties, is of the same nature as that of state auditors and
+treasurers. In states in which there is no county auditor, the duties of
+auditor are performed by the treasurer, and some other county officer or
+officers.
+
+§7. There is also in each county a _register_ or _recorder_, who records
+in books provided for that purpose, all deeds, mortgages, and other
+instruments of writing required by law to be recorded. In New York, and
+perhaps in some other states, the business of a register or recorder is
+done by a county clerk, who is also clerk of the several courts held in
+the county, and of certain boards of county officers. In some states,
+deeds, mortgages, and other written instruments, are recorded by the
+town clerks of the several towns.
+
+§8. Another county officer is a _sheriff_, whose duty it is to attend
+all the courts held in the county; to execute all warrants, writs, and
+other process directed to him by the courts; to apprehend persons
+charged with crime; and to take charge of the jail and of the prisoners
+therein. It is his duty, also, to preserve the public peace; and he may
+cause all persons who break the public peace within his knowledge or
+view, to give bonds, with sureties, for keeping the peace, and for
+appearing at the next court to be held in the county, and to commit them
+to jail if they refuse to give such bonds. A sheriff is assisted by
+deputies.
+
+§9. There are in each county one or more _coroners_, whose principal
+duty is, to inquire into the cause of the death of persons who have died
+by violence, or suddenly, and by means unknown. Notice of the death of a
+person having so died is given to a coroner, who goes to the place of
+such dead person. A jury is summoned to attend the examination;
+witnesses are examined; and the jury give their opinion in writing as to
+the cause and manner of the death. Such inquiry is called a _coroner's
+inquest_. In one or two states, the office of coroner, it is believed,
+does not exist; in which case the inquest is held by a justice of the
+peace, or some other officer.
+
+§10. An attorney, elected or appointed for that purpose, attends all
+courts in which persons are tried in the county for crimes committed
+therein, and conducts the prosecutions in the trial of the offenders. In
+states where there is no attorney-general for the state, the prosecuting
+attorney for each county serves in this capacity, in trials in which the
+state is a party. As all crimes and breaches of the peace are considered
+as committed against the state, and prosecuted in its name, this
+attorney is sometimes called _state's attorney_.
+
+§11. In some states there is a _county-surveyor_, whose duties within
+his county are similar in their nature to those of a state
+surveyor-general.
+
+§12. County officers are generally elected by the people of the county.
+Some of them are, in some of the states, appointed by some authority
+prescribed by the constitution or laws of the state.
+
+
+
+
+Chapter XV.
+
+Towns and Town Officers. Powers and Duties of Town Officers.
+
+
+
+§1. The districts of territory into which counties are divided, are, in
+some states, called _towns_. In others they are called, and perhaps more
+properly, _townships_; and the name of _town_ is given to an
+incorporated village, or a city. We shall, however, in this work, apply
+to these territorial divisions the shorter name of _towns_, as they are
+called in most of the old states.
+
+§2. The electors of the several towns meet once a year for the election
+of town officers, and for certain other business purposes. The electors
+of a town have power, at their annual town meetings, to order money to
+be raised for the support of the poor, for the building and repairing of
+bridges, and for other town purposes; to make regulations concerning
+fences; to fix the compensation of town officers in certain cases; and
+to perform such other duties as come within the usual powers of towns.
+The powers of towns, however, are not precisely the same in all the
+states.
+
+§3. Among the town officers elected at town meetings, are the following;
+not all of them, however, are elected in any one state: One or more
+persons who have the general oversight and direction of town affairs,
+called by some name corresponding to the nature of their duties; a town
+clerk; one or more assessors; justices of the peace; overseers of
+highways; overseers of the poor; school officers; constables; a
+collector of taxes; a treasurer; fence-viewers; pound-keepers, &c. In
+some states there are also sealers of weights and measures; persons to
+measure and inspect wood, lumber, bark, and other commodities.
+
+§4. The officers first mentioned in the preceding section, are, in the
+New England states, called _selectmen_, of whom there are at least
+three, and may in no state be more than nine, in each town. In a few
+states they are called _trustees of townships_, and are three in number.
+In a few other states, there is in each town one such officer, called
+_supervisor_. The powers and duties of these officers are more numerous
+in some states than in others. They have power to lay out roads, and lay
+out and alter road districts; to do certain acts relating to roads,
+bridges, taxes, common schools, the support of the poor, &c.; and to
+examine and settle all demands against the town. In some of the states,
+some of these duties are performed by other officers.
+
+§5. The _town-clerk_ keeps the records, books, and papers of the town.
+He records in a book the proceedings of town meetings, the names of the
+persons elected, and such other papers as are required by law to be
+recorded. In some states, deeds and other conveyances are required to be
+recorded by the clerks of towns.
+
+[For a description of the duties of _assessors_ and _justices of the
+peace_, see Assessment and Collection of Taxes, and Justices' Courts.]
+
+§6. For the repairing of _highways_, a town is divided by the proper
+officers into as many road districts as may be judged convenient; and a
+person residing in each district is chosen, called _overseer_ or
+_supervisor_, or _surveyor_ of _highways_, whose duty it is to see that
+the roads are repaired and kept in order in his district. In some states
+a tax is laid and collected for this purpose; and each person assessed
+may perform labor or furnish materials to the amount of his tax. In
+other states, road taxes are assessed upon the citizens in days' labor,
+according to the value of their property; every man, however, being
+first assessed one day for his head, which is called a _poll-tax_.
+Persons not wishing to labor, may pay an equivalent in money, which is
+called _commuting_.
+
+§7. _Overseers of the poor_ provide for the support of the poor
+belonging to the town who need relief, and have no near relations who
+are able to support them. In some states there is in each county a
+poor-house, to which the poor of the several towns are sent to be
+provided for; the expense to be charged to the towns to which such poor
+persons belonged.
+
+§8. The principal duties of a _constable_ are, to serve all processes
+issued by justices of the peace in suits at law for collecting debts,
+and for arresting persons charged with crimes. The business of a
+constable in executing the orders of a justice of the peace, is similar
+to that of a sheriff in relation to the county courts.
+
+§9. The town _treasurer_ receives all moneys belonging to the town, and
+pays them out as they may be wanted for town-purposes; and accounts
+yearly to the proper officers. The office of town treasurer does not
+exist in all the states.
+
+§10. The duties of _fence-viewers_ relate chiefly to the settling of
+disputes between the owners of adjoining lands concerning division
+fences, the examining or viewing of fences when damage has been done by
+trespassing animals; and the estimating of damages in such cases.
+
+§11. The town _sealer_ keeps correct copies of the standard of weights
+and measures established by the state. Standard copies are furnished by
+the state sealer to each county sealer, at the expense of the county,
+and the county sealer furnishes each town sealer a copy at the expense
+of the town. The town sealer compares the weights and measures brought
+to him with the copy in his possession, and sees that they are made to
+agree with it, and seals and marks them. A person selling by a weight or
+measure that does not agree with the standard, is liable to the
+purchaser for damages--generally to several times the amount of the
+injury.
+
+For a particular description of the duties of town officers, reference
+must be had to the laws of the several states.
+
+
+
+
+Chapter XVI.
+
+Incorporation and Government of Cities, Villages, &c.
+
+
+
+§1. Cities and incorporated villages have governments peculiar to
+themselves. Places containing a large and close population need a
+different government from that of ordinary towns or townships. Many of
+the laws regulating the affairs of towns thinly inhabited, are not
+suited to a place where many thousand persons are closely settled.
+Besides, the electors in such a place would be too numerous to meet in a
+single assembly for the election of officers or the transaction of other
+public business.
+
+§2. Whenever, therefore, the inhabitants of any place become so numerous
+as to require a city government, they petition the legislature for a law
+incorporating them into a city. The law or act of incorporation is
+usually called a _charter_. The word _charter_ is from the Latin
+_charta_, which means paper. The instruments of writing by which kings
+or other sovereign powers granted rights and privileges to individuals
+or corporations, were written on paper or parchment, and called
+_charters_. In this country, it is commonly used to designate an act of
+the legislature conferring privileges and powers upon cities, villages,
+and other corporations.
+
+§3. The chief executive officer of a city is a _mayor_. A city is
+divided into wards of convenient size, in each of which are chosen one
+or more _aldermen_, (usually two,) and such other officers as are named
+in the charter. The mayor and aldermen constitute the _common council_,
+which is a kind of legislature, having the power to pass such laws,
+(commonly called _ordinances_,) and to make such orders and regulations,
+as the government of the city requires. The mayor presides in meetings
+of the common council, and performs also certain judicial and other
+duties. There are also elected in the several wards, assessors,
+constables, collectors, and other necessary officers, whose duties in
+their respective wards are similar to those of like named officers in
+country towns, or townships.
+
+§4. The inhabitants of cities, however, are not wholly governed by laws
+made by the common council. Most of the laws enacted by the legislature
+are of general application, and have the same effect in cities as
+elsewhere. Thus the laws of the state require, that taxes shall be
+assessed and levied upon the property of the citizens of the state to
+defray the public expenses; and the people of the cities are required to
+pay their just proportion of the same; but the city authorities lay and
+collect additional taxes for city purposes.
+
+§5. In cities there are also courts of justice other than those which
+are established by the constitution or general laws of the state. There
+is a court for the trial of persons guilty of disturbing the peace, and
+of such other minor offenses as are usually punishable by imprisonment
+in the county jail, called _police court_. It is held by a _police
+justice_, elected by the people, or appointed in such manner as the law
+prescribes. In some of the larger cities, there are courts of _civil_ as
+well as criminal jurisdiction, differing from those which are common to
+counties generally.
+
+§6. The government of incorporated _villages_ is not in all respects
+like that of cities. The chief executive officer of such a village is,
+in some states, called _president_. The village is not divided into
+wards; the number of its inhabitants being too small to require such
+division. Instead of a board of aldermen, there is a board of _trustees_
+or _directors_, who exercise similar powers. The president of a village
+is generally chosen by the trustees from their own number. In some
+states, incorporated villages are called _towns_; and their chief
+executive officer is called _mayor_.
+
+§7. The necessity and effect of incorporating a village may not yet
+clearly appear to every reader. Let us illustrate. By a general law of
+the state, or by a vote of the electors of a township in pursuance of
+such law, cattle may run at large in the highways. This might be to many
+persons in a village, a great annoyance, which can be prevented or
+abated only by confining the cattle. Or, sidewalks may need to be made.
+Or, it may be deemed necessary to provide means for extinguishing fires,
+by purchasing fire-engines and organizing fire companies. In an
+unincorporated village there is no power to compel the citizens to do
+these things. Those, therefore, who desire that the citizens should have
+power to make all needful regulations for the government of the village,
+petition the legislature for an act of incorporation granting the
+necessary powers.
+
+§8. The constitutions of some states require the legislature to pass a
+general law prescribing the manner in which the people of any village
+may form themselves into a corporation, with the necessary powers of
+government, with out a special law for that purpose.
+
+§9. Besides these _territorial_ corporations for purposes of government,
+as counties, towns, cities, &c., there are _incorporated companies_ for
+carrying on business of various kinds, as turnpike and rail-road
+companies, and companies for the purposes of banking, insurance,
+manufacturing, &c. These kinds of business, to be carried on
+successfully, sometimes require a larger amount of money than one man
+possesses. A number of persons, therefore, unite their capital under an
+act of incorporation granting them power to manage their business which
+they could not have in an ordinary business partnership. Besides, a
+common partnership must end on the death of any one of the partners; but
+an incorporated company is not thus affected by the death of its
+members.
+
+§10. It is in the nature of corporations to have a perpetual existence.
+A corporation may live after the persons who first composed it are all
+dead; for those who come after them have the same powers and privileges.
+A town or city incorporated a hundred years ago, is the same town or
+city still, although none of its first inhabitants are living. So a
+railroad or banking corporation may exist after the death of many, or
+even all of the original corporators.
+
+§11. But there are certain particulars in which all corporations are not
+the same. A state has been defined to be a body politic, or corporation.
+(Chap. I. §10; III, §5.) But it differs from other government
+corporations, as counties, towns, cities, &c., in this: the latter are
+formed by acts of the legislature; but a state is formed by the people
+in their political capacity in establishing the constitution.
+
+§12. Again, all these government corporations differ from incorporated
+business companies. In forming a town or city, many persons are brought
+into the corporation against their wishes or consent; because, in
+governments, all who live within certain prescribed bounds must come
+under the same laws; but of an incorporated business association, as of
+a common business partnership, none become members but by their own act
+or choice. There is another difference: The latter are what are called
+_stock_ companies; and although they may be continued after the death of
+the first corporators, those who afterward come into the association, do
+so by becoming owners of the capital stock of those who preceded them.
+This latter difference will more clearly appear from the more particular
+description, elsewhere given, of the incorporated companies, and of the
+manner in which the stock is transferred. (Chap. XXIII, §11--15.)
+
+
+
+
+Chapter XVII.
+
+Judicial Department. Justices' Courts.
+
+
+
+§1. Having seen how the legislative and executive departments of a state
+government are constituted, and how the laws are made and executed, the
+manner in which the local affairs of counties and towns are conducted,
+and the powers and duties of their respective officers; we proceed to
+describe the _judicial_ department, the powers and duties of judicial
+officers, and the manner in which justice is administered.
+
+§2. It is the business of the legislature to determine what acts shall
+be deemed public offenses, or crimes, and to make laws for securing
+justice to the citizens in their dealings and general intercourse with
+each other; but to judge of and apply the laws; that is, to determine
+what the law is and whether it has been broken, and to fix the just
+measure of damage or of punishment, and to order such decision to be
+carried into effect, are duties which, as has been observed, have been
+wisely assigned to a separate and distinct department. (Chap. VIII. §7.)
+
+§3. A government without some power to decide disputes, to award
+justice, and to punish crime according to the laws of the state, would
+not be complete. To allow every man to be his own judge in cases of
+supposed injury, and to redress his own wrongs, would endanger the
+rights of others. Justice is best secured to the citizens by
+establishing courts for the redress of injuries and the punishment of
+crimes; and that no person may suffer unjustly, it is provided that
+every person charged with crime or any other wrong, is entitled to a
+fair and impartial trial.
+
+§4. For the convenience of persons who may be compelled to seek relief
+at law, courts are established in every town. These are courts of the
+lowest grade, and are called _justices' courts_, being held by justices
+of the peace who are, in most of the states, elected by the people of
+the several towns. They are called the lowest courts, because they have
+jurisdiction only in cases in which the smallest sums or damages are
+claimed, or in which only the lowest offenses are tried. The word
+_jurisdiction_ is from the Latin _jus_, law, or _juris_, of the law, and
+_dictio_, a pronouncing or speaking. Hence the _jurisdiction_ of a court
+means its power to pronounce the law.
+
+§5. Although justices of the peace are generally elected in the towns,
+their jurisdiction extends over the county; that is, they have power to
+try causes arising in any part of the county, or between citizens
+residing in other towns. The jurisdiction of justices of the peace is
+generally prescribed by law. The law prescribes the sum that may be sued
+for, or the amount of damage that may be recovered in a justice's court,
+and the grade of offenses that may be tried in it. In some states
+justices of the peace may try suits only in which the sum in controversy
+does not exceed $50; but in most of them, the jurisdiction of a justice
+extends, it is believed, to sums of $100 or more.
+
+§6. Causes, in which money is claimed for damage or for debt, are called
+_civil_ causes; those for the trial of persons charged with crime, or
+some misdemeanor, are called _criminal_ causes. All crimes, strictly
+speaking, are misdemeanors. In common usage, however, the word
+_misdemeanor_ denotes a smaller offense, such as is usually punishable
+by fine, or by imprisonment in a county jail, and not in a state prison.
+Causes, actions, and suits, are words of similar meaning in law
+language, being generally used to signify prosecutions at law, or
+lawsuits. The party that sues is called _plaintiff_; the party sued is
+the _defendant_.
+
+§7. Prosecutions at law are conducted in nearly the same manner in the
+different states. The following is a sketch of the proceedings in an
+ordinary civil suit in a justice's court: The justice, at the request of
+the plaintiff, issues a _summons_, which is a writ or precept addressed
+to a constable of the town, in some states to any constable of the
+county, commanding him to summon the defendant to appear before the
+justice on a day and at an hour specified, to answer the plaintiff
+(naming him) in a suit, the nature of which is stated in the summons.
+
+§8. The constable serves the summons by reading it or stating the
+substance of it to the defendant; and if requested, gives him a copy of
+it. If he does not find the defendant, he leaves a copy at his place of
+residence with some one of the family of proper age. At or before the
+time named for trial, the constable returns to the justice the summons
+with an indorsement stating the day on which it was served, and whether
+served personally or by copy. If served by copy, and the defendant does
+not appear at the time named for trial, a new summons is issued, as the
+practice is in some states--perhaps all of them; and the trial may not
+proceed unless a summons has been personally served.
+
+§9. The parties may appear in person, or by attorney. An _attorney_ is
+any person lawfully appointed to transact business for another; hence
+the word attorney does not always mean an attorney at law, or lawyer,
+who is properly an officer of a court of law. When the parties have
+appeared and answered to their names, they make their _pleadings_; that
+is, the plantiff declares for what he brings his suit; and the defendant
+states the nature of what he has to _offset_ against the demand of the
+plaintiff, or denies the demand altogether. These acts of the parties
+are called _joining issue_.
+
+§10. If the parties are ready for trial, the justice proceeds to try the
+issue. If the witnesses have not been subpoened and are not in
+attendance, the cause is adjourned to a future day; and the justice, at
+the request of either party, issues a _subpoena_, which is a writ
+commanding persons to attend in court as witnesses. The witnesses on
+both sides are examined by the justice, who decides according to law and
+equity, as the right of the case may appear, in which he is said to
+_give judgment_. To the amount of the judgment, whether against the
+plaintiff or the defendant, are added the costs; for it is considered to
+be just that the party in default shall pay the expense of the suit.
+The costs consist of the _fees_ or compensation to be paid the justice,
+constable and witnesses for their services.
+
+§11. If a defendant does not appear at the time of trial, the justice
+may proceed to try the cause, and decide upon the testimony of the
+plaintiff's witnesses. If a plaintiff does not answer or appear when his
+name is called in court, the justice enters judgment of _nonsuit_. A
+plaintiff may, at any time before judgment is rendered, discontinue or
+withdraw his action, in which case also judgment of nonsuit is given. In
+cases of nonsuit, and also when no cause of action is found, judgment is
+rendered against the plantiff for the costs.
+
+§12. A debtor may avoid the expense of a lawsuit by _confessing
+judgment_. The parties go before a justice, and the debtor acknowledges
+or confesses the claim of the creditor, and consents that the justice
+enter judgment accordingly. In some states, the confession and consent
+must be in writing, and signed by the debtor. The amount for which
+judgment may be confessed is limited by law, but is, in some states at
+least, and perhaps in most if not all of them, larger than the sum to
+which the jurisdiction of a justice is limited in ordinary suits.
+
+
+
+
+Chapter XVIII.
+
+Trial by Jury; Execution; Attachment; Appeals; Arrest of Offenders.
+
+
+
+§1. The administration of justice in courts of law is not left entirely
+to the justices and judges. Parties may not always have sufficient
+confidence in the ability, honesty, and impartiality of the justice by
+whom a suit is to be tried, to intrust their interests to his judgment.
+Therefore the constitutions of all the states guaranty to every person
+the right of trial by a jury. This right has been enjoyed in England
+many centuries. It was established here by our ancestors, who were
+principally from that country.
+
+§2. A _jury_ is a number of men qualified and selected as the law
+prescribes, and sworn to try a matter of fact, and to declare the truth
+on the evidence given in the case. This declaring of the truth is called
+a _verdict_, which is from the Latin _verum dictum_, a true declaration
+or saying. A jury in a justice's court consists in most or all of the
+states, as is believed, of six men; in the higher courts, of twelve men,
+who are generally required to be freeholders. The manner of selecting
+the jurors is not the same in all the states.
+
+§3. After issue has been joined, and before testimony has been heard,
+either party may demand that the cause be tried by a jury. Whereupon the
+justice issues a _venire_, which is a writ or precept directing a
+constable to summon the required number of duly qualified men to appear
+before the justice, to make a jury to try the cause.
+
+§4. The testimony and arguments on both sides having been heard, the
+jurors are put under the charge of the constable, who is sworn to keep
+them in some convenient place, without meat or drink, except such as the
+justice may order, until they shall have agreed on their verdict, or
+have been discharged by the justice; and not to allow any person to
+speak to them during such time, nor to speak to them himself, except by
+order of the justice, unless to ask them whether they have agreed on
+their verdict.
+
+§5. All the jurors must agree in a verdict; and when so agreed, they
+return in charge of the constable, and, in open court, deliver their
+verdict to the justice, who enters judgment according to the finding of
+the jury. If the jurors, after having been out a reasonable time, do not
+all agree upon a verdict, the justice may discharge them, and issue a
+new venire, unless the parties consent to submit the cause to the
+justice.
+
+§6. If a judgment is not paid within the time prescribed by law, the
+justice issues an _execution_, which is a precept directing a constable
+to collect the amount of the judgment; and authorizing him to take and
+sell the goods and chattels of the debtor, and to make his returns to
+the justice within the time required. _Goods_ and _chattels_ are
+personal or movable property, or property other than freehold, or real
+estate. If the money can not be collected, the execution is returned as
+not satisfied. If a constable does not faithfully obey the directions
+contained in the execution, he and his sureties become liable to pay the
+judgment.
+
+§7. Laws have been passed in all the states for the benefit of poor men,
+who are allowed to retain, for the use and comfort of themselves and
+their families, certain articles of personal property, which may not be
+sold on execution; such as necessary household furniture, apparel, beds,
+tools and implements of trade, &c. The practice which formerly
+prevailed, of imprisoning debtors who were unable to satisfy executions,
+has been abolished, except for fines and penalties.
+
+§8. The foregoing description of the proceedings of a justice's court is
+that of a prosecution in ordinary cases. But there are other modes of
+prosecution in certain cases, one of which is by attachment. An
+_attachment_ is a writ directing the property of a debtor to be taken,
+and kept till a trial can be had, and judgment obtained. This mode of
+proceeding is adopted when the plaintiff has reason to believe that a
+debtor conceals himself to avoid being prosecuted by summons, or is
+about to remove his property or himself from the county, or intends in
+some other way to defraud his creditors.
+
+§9. In case of an absent or concealed debtor, the constable, (as is
+supposed to be the common practice,) leaves a copy of the attachment,
+with an inventory or list of the articles of property attached, at the
+defendant's last place of abode, or, if he had none in the county, the
+copy and inventory are to be left with the person in whose possession
+the property is found. If the defendant does not appear on the day of
+trial, the plaintiff may proceed to prove his demand and take judgment.
+An execution is then issued against the property attached.
+
+§10. If either party is dissatisfied with a judgment rendered in a
+justice's court, he may _appeal_ to a higher court for trial, or for a
+review of the judgment. The party appealing is called _appellant_; the
+adverse party is the _appellee_ or _respondent_.
+
+§11. An important part of the duties of a justice of the peace relates
+to the arrest and trial of persons charged with crimes and misdemeanors.
+Although they have not power to try high offenses usually called crimes,
+they may order the apprehension of persons charged with such offenses,
+and cause them to be committed for trial.
+
+§12. A person knowing or suspecting another to have committed an
+offense, may make complaint to a judge or justice of the peace, who
+examines the complainant on oath, and witnesses, if any appear; and if
+he is satisfied that an offense has been committed, he issues a
+_warrant_, directing the person accused to be brought before him. The
+complainant and witnesses for the prosecution, and next the prisoner and
+his witnesses, are examined. If the offense is one of which the
+magistrate has jurisdiction, he may proceed to try the prisoner, who, it
+will be recollected, is entitled to be tried by a jury.
+
+§13. If the offense is one which the magistrate has not power to try, he
+binds the prosecutor or complainant and all material witnesses to appear
+and testify against the prisoner at the next court having power to
+indict and try him. And if the offense is one for which the prisoner may
+be bailed, the magistrate takes bail for his appearance at court. If the
+offense is not bailable, or if no satisfactory bail is offered, the
+magistrate orders him to be committed to jail to await his trial. But,
+as will be seen hereafter, he must be indicted by a grand jury before he
+can be tried. (Chap. XIX., §7-9.) And were there no danger of an
+offender's escape before he could be brought to trial, his previous
+arrest and examination might be unnecessary.
+
+§14. The obligation or bond given by a prosecutor and witnesses for
+their appearance at court, is sometimes called a _recognizance_. They
+bind themselves, with sureties, to forfeit and pay a certain sum of
+money in case of their non-appearance. A similar bond or recognizance is
+given in case of bail. The person accused binds himself, with sureties,
+in such sum as the justice requires, which is to be paid if he shall not
+appear for trial. The word _bail_ is from a French word meaning _to
+deliver_, or _to release_. Hence, the justice _bails_, sets free, or
+delivers to his sureties, the party arrested. Also the sureties are said
+to bail a person when they procure his liberation.
+
+
+
+
+Chapter XIX.
+
+Courts other than Justices' Courts; Grand and Petit Juries, &c.
+
+
+
+§1. The court next higher than a justice's court, is a court held in
+each county, generally called a _county court_, or _court of common
+pleas_. This court is usually held by a county judge elected by the
+electors of the county in most of the states; in some, appointed by the
+legislature; and in others, by the governor, with the advice and consent
+of the senate. In a few of the states this court consists of more than
+one judge. In some states, county courts are held by judges of the
+circuit courts.
+
+§2. In this court are tried civil causes in which are claimed sums of
+greater amount than a justice of the peace has jurisdiction of, and
+criminal causes in which are charged the lower crimes committed in the
+county. Also causes removed by appeal from a justice's court are tried
+in this court; in which cases it is said to have _appellate_
+jurisdiction. Courts are also said to have _original_ jurisdiction;
+which means that suits may _originate_ or commence in such courts.
+
+§3. There is in every state at least one court, and in most of the
+states there are two or more courts of higher grade than a county court.
+They are called in the different states by different names; as _circuit
+court_, _superior court_, _supreme court_, and _court of appeals_. A
+_circuit_ court probably obtains its name thus: A state is divided into
+judicial districts, in each of which one or more judges are elected,
+who go around holding a court once a year or oftener in each of the
+counties composing a judicial district. This court usually has both
+original and appellate jurisdiction; it being a part of its business to
+try appeals from the county courts. It also tries such of the higher
+crimes as a county court has not the power to try. Courts in which
+crimes are tried are sometimes called courts of _oyer and terminer_.
+
+§4. Every county court, and every circuit having like jurisdiction, has
+a jury to try issues of fact, and a grand jury. An _issue of fact_ is
+when the _fact_ as to the indebtedness or the guilt of the party charged
+is to be determined from the testimony. An _issue of law_ is one in
+which it is to be determined what is the _law_ in the case, which is
+done by the judge instead of the jury. The jury by which issues of fact
+are tried, as distinguished from a grand jury, is called a _petty_ or
+_petit jury_. It consists of twelve men, all of whom must agree in a
+verdict.
+
+§5. The manner of selecting grand and petit jurors is prescribed by law.
+A number of judicious men in each town are selected by some person or
+persons lawfully authorized; and the names of the men so selected are
+written on separate pieces of paper, and put into a box in each town,
+and kept by the town clerk; or as is the practice in some states, the
+names of the men designated as jurors in the several towns are sent to
+the county clerk, and by him kept in a box. Previous to the sitting of
+the court, the requisite number is drawn out the box; and the men whose
+names are drawn, are summoned to attend as jurors.
+
+§6. It is the business of a _grand jury_ to inquire concerning crimes
+and misdemeanors committed in the county; and if there appear just
+grounds of accusation against any person, they make to the court a
+presentment or formal charge against him, upon which he is to be put
+upon trial. The number of grand jurors is not always the same. In some
+states there may not be more than twenty-three nor less than twelve. It
+is not required that they shall all agree in order to put a person upon
+trial.
+
+§7. On the opening of the court, the grand jurors are sworn to make a
+true presentment of all things given them in charge. The judge then
+gives them a charge, and appoints one of them foreman; and the jurors
+retire to a private apartment to attend to their duties. They hear all
+complaints brought before them against persons for crimes and breaches
+of the peace, and examine witnesses who appear to testify; and when it
+is requested, they have the assistance and advice of the state's
+attorney; or as he is called in some states, the _district attorney_, or
+_prosecuting attorney_. If they think any person complained of ought to
+be tried, they draw up a writing, in which they charge him with the
+offense of which they think him guilty. This is called an _indictment_.
+It is signed by the foreman, indorsed "a true bill," and carried by the
+jury into court. If the person accused has not before been arrested, he
+may now be arrested, and put upon trial. (See Chap. XVIII, §12-14.)
+
+§8. As grand juries do not try crimes, but merely make inquiry into
+them, some may not readily perceive the necessity of such juries.
+Innocent persons might be subjected to great inconvenience and expense
+in defending themselves in court against the slanderous reports or false
+accusations of evil minded persons. It is to prevent this that grand
+juries are instituted, who make careful examinations into the cases
+brought before them, and do not often charge persons with crime unless
+there is a strong probability of their being found guilty on trial.
+
+§9. So important was the institution of grand juries considered, that
+the constitution of the United States, to which the constitutions and
+laws of the states must conform, was made to provide, that "no person
+shall be held to answer for a capital or other infamous crime, unless on
+a presentment or indictment of a grand jury," except in certain cases.
+(Con. U.S., Amend. Art. V. For the definition of "infamous crime," see
+Chap. VI., §7.)
+
+§10. It is the opinion of many that this requirement of a previous
+indictment by a grand jury has reference only to the courts of the
+United States; and that the states may dispense with it. Hence, efforts
+are now making in some states to abolish grand juries. It is supposed
+that an examination at all times before a justice or a judge, when the
+prisoner can be present with his witnesses, is more likely to protect
+him against being unnecessarily subjected to the trouble and expense of
+a trial, than before a grand jury, where complaints are often made by
+malicious persons, and sustained by the testimony of partial or corrupt
+witnesses.
+
+§11. The _supreme court_ is generally the next higher, and in most of
+the states, the highest state court. This court differs somewhat in the
+different states, both in the manner of its formation and in its
+jurisdiction. It is believed, however, to have, in the states generally,
+both original and appellate jurisdiction, civil and criminal. In the
+state of New York and a few other states, there is one higher court,
+called _court of appeals_, which has appellate power only. Its business
+is to review cases from the supreme court.
+
+§12. Suits in the county, circuit, and supreme courts, are commenced by
+a _writ_, (in some states a summons or a declaration,) which is served
+by the sheriff of the county in which the suit is to be tried. He also
+serves warrants and executions issued by these courts. A sheriff is to
+these courts what a constable is to a justice's court. His powers and
+duties have been elsewhere described. (Chap. XIV., §8.)
+
+
+
+
+Chapter XX.
+
+Chancery or Equity Courts; Probate Courts; Court of Impeachment.
+
+
+
+§1. It might be supposed, that in instituting the courts which have been
+described, all necessary provision had been made for securing justice to
+the citizens. But many cases arise in which justice and equity can not
+be obtained in these courts. To afford relief in such cases, a court
+has been established called a _court of equity_, or _court of chancery_.
+What often renders it impossible to get justice in ordinary courts of
+law, is the want of witnesses; but in a court of equity the parties may
+themselves be put on oath.
+
+§2. A debtor, to avoid the payment of his debts, may conceal his
+property or his money; but this court may compel him to disclose and
+give up the same to satisfy an execution; and it may prevent persons
+indebted to him from making payment to him. A person refusing to fulfill
+a contract may, in courts of common law, only be sued for damage; but
+this court may in certain cases compel him to fulfill the contract
+itself. It may also restrain individuals and corporations from
+committing fraudulent acts, and prevent persons from committing wastes
+on land and certain other injuries, until the right at law can be tried.
+
+§3. Courts of chancery were established, it is believed, in a majority
+of the old states. But separate and distinct organizations called
+chancery courts, now exist in but a few states; the power to try suits
+in equity having been given to the judges of the common law courts.
+
+§4. Suits _in equity_ are not commenced as suits _at law_. The plaintiff
+prepares a bill of complaint, the facts stated in which are sworn to by
+himself. The bill, which contains a petition or prayer that the
+defendant may be summoned to make answer on oath, is filed with the
+clerk of the court, who issues a subpoena commanding the defendant to
+appear before the court on a day named. A trial may be had on the
+complaint and answer alone; or witnesses may be introduced by the
+parties. The case is argued by counsel, and a _decree_ is pronounced by
+the court, which the court has power to carry into effect.
+
+§5. There is another kind of courts which are in their nature different
+from ordinary law courts, and are called _probate courts_. There is in
+every county a probate court held by a _judge of probate_, whose duties
+relate to the proving of wills and the settling of the estates of
+persons deceased. A _will_ is a writing in which a person gives
+directions concerning the disposal of his property after his death. The
+Latin word _probatus_ means proof; from which _probate_ has come to be
+applied to the proving of a will. (See Wills and Testaments.) In the
+state of New York the judge of this court is called _surrogate_, and the
+court is called _surrogate's court_.
+
+§6. There is still another court in every state, which is not a common
+law court. It is the _court of impeachment_. The name is applied to the
+senate when sitting on a trial of impeachment. An _impeachment_ is a
+charge or accusation against a public officer for corrupt conduct in his
+office; as if a governor, for money offered him, should approve and sign
+a law; or a judge should, for money or from some other selfish or
+personal motive, give a wrong judgment. The constitution gives to the
+house of representatives the power to impeach, and to the senate the
+power to try the persons impeached. This practice has come from Great
+Britain, where the impeachment is made by the house of commons, and the
+house of lords is the high court of impeachment.
+
+§7. The house of representatives, in a case of impeachment, acts in
+nearly the same manner as a grand jury in a court of law. A complaint is
+made to the house; and if, upon examination, there appear to a majority
+of the members present sufficient grounds for the charge, an accusation
+in writing is prepared, called _articles of impeachment_, and delivered
+to the senate. In some states, a majority of the members elected is
+necessary to impeach. The president of the senate orders the court to be
+summoned. The accused is brought before the court to answer to the
+charge, and has counsel assigned him. The senators are sworn truly to
+try and determine the impeachment according to evidence; and a day is
+fixed for trial.
+
+§8. The house of representatives usually choose from their number a
+committee of managers to conduct the trial, the proceedings in which are
+the same as in law courts. The senators retire and deliberate as jurors
+in such courts. Two-thirds of the senators--in some states two-thirds of
+all the senators elected--must concur in order to convict the person
+accused. If a person is convicted, the court may remove him from
+office, or disqualify him to hold any office in the state, for a time,
+or for life; or may both remove and disqualify him. This court can
+pronounce no other sentence. But if the act committed is a crime, the
+offender may also be indicted, tried, and punished in a court of
+justice.
+
+§9. Judicial officers may also be removed by the governor on address of
+the legislature. If a judge is suspected of corrupt conduct in his
+office, or of being incompetent to discharge its duties, complaint is
+made to the legislature, and the party complained of is notified, and an
+opportunity is given him of being heard in his defense. If both
+branches, by the required majorities, concur in the opinion that he
+ought to be removed, they address the governor, setting forth their
+reasons for the removal. If the governor considers the reasons
+sufficient, the officer is removed. This mode of removal does not exist
+in all the states. In New York, and perhaps in a few other states, the
+legislature makes the removal without the concurrence of the governor;
+and in that state some of the lower judicial officers may be removed by
+the senate on the recommendation of the governor. In a few states,
+judges are not removable by impeachment.
+
+
+
+
+Chapter XXI.
+
+Assessment and Collection of Taxes.
+
+
+
+§1. Every government must have the power of providing means for its
+support. The money which is needed to pay the expenses of administering
+the government, if the state has no permanent source of revenue, or
+income, must be raised by taxation. A _tax_ is a rate or sum of money
+assessed upon the person or property of a citizen for the use of the
+state. When assessed upon the person, it is called a _poll-tax_, or
+_capitation tax_, being a certain sum on every poll, or head. But as
+persons ought generally to contribute to the public expenses according
+to their ability, taxes are more just and equal when laid upon the
+property of the citizens. Few poll-taxes are levied in this country.
+
+§2. There are certain kinds of property which are exempt from taxation;
+such as the corporate property of the state, of counties, and of towns,
+including the buildings in which the public business is done, the
+prisons, jails, asylums, &c., and the lands attached to them;
+school-houses and meeting-houses, with the lands attached;
+burying-grounds, and the property of literary and charitable
+institutions. But the property of business corporations, as rail-road,
+banking, insurance, manufacturing, and other stock companies, like that
+of individuals, is liable to taxation. _Real estate_, or _real
+property_, is land with the buildings and other articles erected or
+growing thereon. _Personal estate_, or _personal property_, consists of
+movables, as goods, chattels, money, and debts due from solvent debtors.
+
+§3. As the property of every person is to be assessed in proportion to
+its value, it is necessary, first, to make a correct valuation of all
+the taxable property. For this purpose, the assessor or assessors pass
+through the town, and make a list of the names of all the taxable
+inhabitants, and the estimated value of the property, real and personal,
+of each; and returns of the same are made to the proper county officers,
+who cause the tax-list for each town to be made out, and order the taxes
+to be collected.
+
+§4. In some states, persons liable to taxation are themselves required
+to furnish lists of all their taxable property, printed blank lists
+having been previously distributed among them for this purpose. To
+secure an accurate valuation, the assessors, (called also _listers_,)
+may require persons to make oath that they have made a true statement of
+their property and its value. In states where the polls of the
+tax-payers are assessed, these also are set down in the lists at such
+sums as the law directs to be affixed to each poll.
+
+§5. Before a tax-list can be made out, it must be known what amount is
+to be collected in each town. This amount is made up of three parts:
+First, the sum wanted to pay the expenses of the town for the preceding
+year; secondly, the town's share of the county expenses; and thirdly,
+its proportional share of the expenses of the state government, or of
+what is to be raised for state purposes.
+
+§6. The apportionment of the amount of the state and county expenses
+among the several towns, is made according to the amount of property in
+each as valued by the assessors. The state auditor or controller, having
+received from the several counties returns of the value of the property
+in each county, is enabled to determine its quota of the amount to be
+raised for state purposes. To each county's share of the state expenses
+is added the sum to be raised in the county for county purposes; and the
+amount is apportioned among the towns in proportion to the value of the
+assessed property of each. Then adding to each town's share of the
+amount of the state and county expenses, the amount to be raised for
+town purposes, gives the sum to be collected in the town.
+
+§7. Having thus ascertained the sum to be raised in each town, the
+officers whose duty it is, cause a tax-list to be made out, in which the
+amount of each person's tax is set opposite his name and the estimated
+value of his property. The tax-list of each town, certified and signed
+by the proper persons, is put into the hands of the collector, with a
+warrant ordering the same to be collected.
+
+§8. The money collected for county and state purposes is paid to the
+county treasurer, who pays to the state treasurer the amount raised in
+the county for state expenses, and retains the remainder to be expended
+in the county. The money collected for town purposes is paid to such
+persons in the town as are by law authorized to receive the same.
+
+
+
+
+Chapter XXII.
+
+Education. School Funds; Schools, &c.
+
+
+
+§1. The proper object of government is to promote the welfare and
+happiness of its citizens. For this purpose, it must provide for making
+and properly administering laws to protect the people in the enjoyment
+of life and the fruits of their labor. But it should go further, and
+make express provision for improving the condition of the people,
+especially the less fortunate portions of them.
+
+§2. The prosperity of a state or nation depends essentially upon the
+education of its citizens. This is seen by comparing the condition of
+the people of this country with the condition of the people of those
+countries where the benefits of education are not enjoyed. Ignorance
+tends to make men idle, vicious, and miserable. On the other hand,
+learning is not only a means of enjoyment in itself, but of improving
+the social condition of a people.
+
+§3. Again, a free government is better adapted than any other to promote
+the welfare of a nation. But if the people are not properly educated,
+they are incapable of self-government. And as many persons are unable to
+pay for the tuition of their children, the safety of the government
+itself requires the establishment of a system of education, by which the
+great body of the people may be fitted to discharge their social and
+political duties. The states have accordingly instituted school systems
+for the instruction of children and youth of all classes at the public
+expense.
+
+§4. In most of the states, the schools are supported only in part, in a
+few of them wholly, at the expense of the states. Some states have
+provided funds, the income of which is annually applied to this object.
+_Fund_ generally signifies the money or capital stock employed in
+carrying on trade or any other business operation. _State funds_ are the
+moneys and other property of the state which are set apart for paying
+the expenses of the government, or for the construction of canals,
+roads, and other public improvements. The interest of these funds, and
+the income from other sources, are called the _revenue_.
+
+§5. In some states, school funds are created by appropriating the public
+lands, which are lands owned by the state as a body corporate. The
+proceeds of these lands, from sales or rents, constitute a part or the
+whole of the school fund, the interest of which is annually applied to
+the support of schools. If the income from the school fund is
+insufficient for this purpose, the deficiency may, as is done in some
+states, be supplied, in whole or in part, by taxation, or from the state
+treasury.
+
+§6. Many of the new states have large school funds. At an early period,
+while most of the territory from which these states have been formed was
+yet the property of the United States, and uninhabited, Congress passed
+an act by which a particular section of land (number sixteen) in every
+township is reserved for the support of schools therein. By this act,
+one thirty-sixth part of the lands within each of these states has been
+thus appropriated, besides smaller portions granted for the benefit of a
+university in each state. These lands are in the charge of proper
+officers, who dispose of them, and apply the proceeds as the law
+directs.
+
+§7. The school funds of many of the states have been largely increased
+by certain moneys received from the United States. In 1837, there had
+accumulated in the national treasury about thirty millions of dollars
+over and above what was needed for the support of the government. By an
+act of congress, this surplus revenue was distributed among the states
+then existing, to be kept by them until called for by congress. Although
+congress reserved the right to recall the money, it was presumed that it
+would never be demanded. That it never will be, is now almost certain.
+Many of the states have appropriated large portions of their respective
+shares for school purposes. From its having been said to be only
+_deposited_ with the states, this fund is sometimes called the _United
+States deposit fund_.
+
+§8. School moneys coming from the state treasury, or state fund, are
+usually apportioned among the several towns of the state; and each
+town's share of such moneys, together with what may come to the town by
+taxation or from its school lands, is divided among the several
+districts according to the number of children between certain ages in
+each district, or in such other manner as may be directed by law. If the
+moneys thus received are insufficient to pay the wages of teachers, a
+rate bill is made out in each district for the deficiency, and collected
+from the persons whose children have been taught in the schools.
+
+§9. The towns, or townships, are divided into districts of suitable size
+for schools, which are called _district schools_. From their being
+supported by a common fund, and designed for the common benefit, or from
+the lower or more common branches being taught in them, they are also
+called _common schools_. One or more _trustees_ or _directors_ are
+chosen in each district to manage its affairs; a _clerk_ to notify
+meetings and record the proceedings of the same; and a _collector_ to
+collect taxes for building and repairing school-houses, and all rate
+bills for the payment of teachers.
+
+§10. The highest school officer is the _state superintendent of common
+schools_, or, as he is sometimes called, _superintendent of public
+instruction_. The superintendent collects information relating to the
+schools; the number of children residing in each district, and the
+number taught; the amount paid for tuition; the number of school-houses,
+and the amount yearly expended in erecting school-houses; and other
+matters concerning the operation and effects of the common school
+system. If there is no other officer whose duty it is, the
+superintendent also apportions the money arising from the state funds
+among the several counties. He reports to the legislature at every
+session the information he has collected, and suggests such improvements
+in the school system as he thinks ought to be made.
+
+§11. There is in every county an officer who receives from the state
+superintendent the money apportioned to the county, and apportions the
+same among the towns; reports to the state superintendent the number of
+children in the county; and performs such other duties as the law
+requires. In some states, there is no such county officer; but the money
+is apportioned by the state superintendent among the towns; and the
+reports from the towns are made directly to the state superintendent.
+
+§12. In the towns are officers whose duties are to examine teachers,
+visit schools, apportion the school moneys among the districts, and to
+collect the lists of the number of children in the several districts,
+with such other information as the law requires, and report the same to
+the county officer, or, if there is none, to the state superintendent.
+In some states, there is in each county an officer or a board of
+officers, for examining teachers, and performing certain other duties
+relating to the schools of the county.
+
+§13. Academies and colleges also receive aid from the state, to a
+limited extent. A distinct fund is created in some states for their
+benefit; in others, they are aided by special appropriations from the
+state treasury.
+
+
+
+
+Chapter XXIII.
+
+Canals and Rail-Roads.
+
+
+
+§1. In carrying out the purposes of government, provision ought also to
+be made to secure to the people the means of obtaining a suitable reward
+for their industry, and to render the labor of all, as nearly as may be,
+equally profitable.
+
+§2. The people of some states do not possess the same advantage as those
+of others; nor do all the people of the same state enjoy equal
+advantages. Those who reside at a great distance from market, or from
+navigable waters and good roads, are not so well rewarded for their
+labor as those who reside near them, because of the greater cost of the
+transportation, both of what they have to sell, and of the goods they
+buy. Hence the necessity of good roads, canals, or other means of
+facilitating trade between the different parts of the state.
+
+§3. Among the works intended to effect this object, _canals_ are perhaps
+the most useful, and are to be preferred wherever their construction is
+practicable. Canals are sometimes constructed by incorporated companies;
+but generally these works, especially those of great magnitude, are made
+by the state, and are the property of the state. Although there are some
+states in which are no canals of this kind, it may be interesting to
+young persons generally to know how so important a state work is made.
+
+§4. To raise the money necessary to make a canal, the legislature might
+levy a general tax upon the property of the citizens. But this would not
+be expedient or just; because, first, the payment of so large a sum by
+the people within the time in which it would be desirable to complete
+the work, would be inconvenient and burdensome; and secondly, the
+expense must fall alike upon the people of all parts of the state:
+whereas, those residing most remotely from the line of the work, would
+derive from it little or no benefit.
+
+§5. When, therefore, a great enterprise of this kind is undertaken by a
+state, the law authorizing the work usually provides a _fund_, the
+income of which is to be applied to this object. This fund consists of
+such lands, property, and moneys as the legislature may grant for this
+purpose. Funds were thus constituted in some of the western states, to
+which funds congress made grants of the public lands of the United
+States lying within those states.
+
+§6. These funds, however, furnish but a part, some of them but a small
+portion of the money necessary to complete the work; and some states
+undertaking public improvements may not have the lands or other property
+to constitute such a fund. The state therefore borrows the money for a
+long term of years, and depends upon the income of the canal fund and
+the tolls to be collected on the canals, for the repayment of the money
+borrowed. Should the revenues of the canal and of the canal fund be
+insufficient, the deficiency may be supplied by taxation.
+
+§7. The business of borrowing the money is done on the part of the
+state, by persons duly authorized, who give for the money borrowed the
+bonds of the state, which are written promises to pay the money at the
+times specified, with interest at the rate agreed on; the interest
+generally to be paid semi-annually. These bonds are usually given in
+sums of $1,000 each, or less. The debts of a state thus contracted by
+issuing bonds, are called _state stocks_, as the capital, or stock
+required to construct a state work is obtained by the sale of its bonds.
+These bonds, like the certificates of stock in a rail-road or other
+corporate business company, are transferable, and may be bought and sold
+as promissory notes, and constitute an important article of trade.
+
+§8. These stocks are taken by men who have large sums of money to lend,
+and who consider the state a responsible debtor; because, if it has no
+other sufficient means of paying its bonds, the legislature has power to
+raise the money by taxation. Most of the states have contracted debts in
+this manner for various purposes. State stocks are purchased and held
+not only by capitalists in this country, but by many in Europe.
+
+§9. Officers are appointed to manage the canal fund, and others to
+superintend the canals. There are also officers, called _canal
+collectors_, at suitable distances along the canals, to collect the
+_tolls_, which are charges paid by the masters or owners of boats for
+the use of the canal.
+
+§10. The states of New York, Pennsylvania, Ohio, and some other western
+states, have prosecuted the canal enterprise on a large scale. Although
+large debts have been contracted for the construction of canals in these
+states, the benefits derived from them more than compensate for the vast
+expense of their construction.
+
+§11. _Rail-roads_, although they are of public utility, are not
+properly public works, being constructed by companies incorporated for
+that purpose. The necessity for an act of incorporation is readily seen.
+Rail-roads pass through the lands of private individuals; and without
+the authority of law, the land of no person can be taken for such
+purpose; nor can a law authorize it to be taken, unless the work is one
+of general advantage; nor even in such case, without compensation to the
+owner for his land; for it is declared by the state constitutions, that
+"private property shall not be taken for public use without just
+compensation."
+
+§12. If, therefore, the legislature deem a proposed railroad to be of
+public utility, they pass an act to incorporate a company with the
+requisite powers to construct the road, on making compensation for the
+land, the value of which is to be estimated in such manner as the law
+prescribes. The law also prescribes the manner in which the affairs of
+the road are to be conducted.
+
+§13. The amount of capital to be employed by the company, is mentioned
+in the act of incorporation, or charter, and is raised in this way: The
+amount of the capital, or stock, is divided into shares of $100, or
+less. Persons wishing to invest money in the road, subscribe the number
+of shares they will respectively take. When all the shares are thus sold
+and the money is paid in, the company is ready to proceed to the
+construction of the road. The owners of these shares are called
+_stockholders_, who choose from among themselves such number of
+_directors_ as the charter authorizes. The directors elect from their
+number a _president_.
+
+§14. Persons buying shares receive certificates signed by the proper
+officers, stating the number of shares for which each certificate is
+given. The holders of these certificates, if they wish to make other use
+of the money they have invested in the business, may sell their stock to
+others, to whom they pass their certificates, which are evidence of the
+amount of stock purchased. Thus these certificates are bought and sold
+as promissory notes.
+
+§15. Stockholders depend, for the reimbursement of their capital, upon
+the money to be received for the transportation of passengers and
+freight. Such portion of the income of the road as remains after paying
+all expenses of running and repairs, is divided semi-annually among the
+stockholders. Hence the sums thus divided are called _dividends_. The
+earnings of some roads are so large as to make the investment a
+profitable one; so that the holder of shares is enabled to sell them at
+an advance. When shares in the stock of any institution are sold at
+their nominal value, the price named in the certificates, the stock is
+said to be at _par_. When they are sold for more or less than their
+nominal value, they are said to be above or below _par_. In large
+commercial cities, as New York, Boston, Philadelphia, and others, the
+purchase and sale of state stocks, and stocks in rail-roads, banks, &c.,
+is a regular and extensive business of capitalists.
+
+
+
+
+Chapter XXIV.
+
+Banks and Insurance Companies.
+
+
+
+§1. Banks, we are told, were first instituted in Italy, where certain
+Jews assembled, seated on benches, ready to lend money, and to exchange
+money and bills; and _banco_ being the Italian name for bench, banks
+took their title from this word. The first banks are said to have been
+only places where money was laid up or deposited for safe-keeping. But
+banks at the present day are not used for depositing alone.
+
+§2. Banks in this country can be established only by authority of law.
+They are incorporated by an act of the legislature. The capital stock is
+raised by the sale of shares, and issue of certificates, as in the case
+of rail-roads. (Chap. XXIII., §13.) The stockholders elect of their
+number (usually) thirteen _directors_, who choose one of themselves as
+_president_. The president and directors choose a cashier and clerks.
+
+§3. Merchants and others in commercial places, deposit in banks, for
+safe-keeping, the money they receive in the course of business, and then
+draw it out on their written orders as they have occasion to use it. An
+order of this kind is called a _check_.
+
+§4. Persons depositing money only once, or very seldom, and intending to
+draw for the same at once, usually receive from the cashier a
+_certificate of deposit_, which states the name of the depositor, the
+sum deposited, and to whose order it is to be paid. For the use of money
+deposited for any considerable period, banks agree to pay interest,
+usually less, however, than the rate established by law. Certificates of
+deposit may, by indorsement, be made transferable as promissory notes
+and other negotiable paper, (Chap. LX., §2,) and are often remitted,
+instead of money, to distant places, where, by presenting them at a
+bank, they may, for a trifling compensation, be converted into money.
+
+§5. A material part of the business of banks is to assist merchants and
+others in transmitting money to distant places. Thus: A, in New York,
+wishing to send $1,000 to B, in Philadelphia, puts the money into a bank
+in New York, takes for it an order, called _draft_, on a bank in
+Philadelphia, for that amount, to be paid to B. The draft is sent by
+mail to B, who presents his draft at the bank, and receives the money;
+and the bank charges the amount to the New York bank.
+
+§6. But persons unacquainted with commercial business, especially young
+persons, may not know how the bank in Philadelphia is to be repaid. In
+the course of trade between the two cities, business men are constantly
+remitting money both ways through the banks, which thus receive the
+money and draw upon each other. Thus millions of dollars may be annually
+transmitted between the two cities, without any expense except the small
+charge of the banks for doing the business, and without the risk of loss
+by accident or robbery which attends the conveyance of money in person.
+
+§7. Banks also lend money. The borrower gives a note for the sum
+wanted, signed by himself, and indorsed by one or more others as
+sureties. The cashier pays the money for the note, retaining out of it
+the interest on the sum lent, instead of waiting for it until the note
+becomes due. This is called _discounting_ a note.
+
+§8. The bills of banks pass as money. A bank bill or note is a promise
+of the bank to pay the bearer a certain sum on demand, signed by the
+president and cashier. It passes as money, because the bank is bound to
+pay it in specie if it is demanded. Paying notes thus is _redeeming_
+them. When a bank is unable to redeem all its bills, it is said to have
+failed, or to be broken; and the bill holders suffer loss, unless some
+security has been provided. This has been done in some states by making
+the stockholders individually liable for the redemption of the bills;
+that is, the property owned by them as individuals may be taken and sold
+on execution for that purpose. Such security, however, has never been
+generally provided.
+
+§9. But a system of banking, sometimes called _free banking_, has more
+recently been adopted in some states. It is so called, because the
+business of banking is thrown open to all by a _general law_. Any
+person, or any number of persons, may, by complying with the provisions
+of this general law, establish a bank without a special law for this
+purpose. Hence it is also called the _general banking_ system.
+
+§10. Persons, before commencing business under this law, must put into
+the hands of the proper state officers ample securities for the
+redemption of their bills; and they may not issue bills to a greater
+amount than the amount of their securities. These securities must
+consist of approved state stocks, or United States stocks, or partly of
+public stocks, and partly of real estate. When a bank fails, the lands
+and stocks held in pledge by the state are sold, and the avails are
+applied to the redemption of the bills. This system of banking seems to
+be growing into public favor.
+
+§11. _Insurance companies_ also are authorized by law. Their business is
+to insure persons against loss by fire. The corporators, on being paid a
+small sum, consisting generally of a certain percentage on the amount
+for which the property is insured, promise to pay such amount if the
+property shall be destroyed by fire. There are companies also for
+insuring vessels at sea; and _life_ insurance companies, that agree to
+pay, in case of the death of the person insured, a certain sum for the
+benefit of his family, or of some other person named in the policy. The
+word _policy_ as here used, means the writing containing the terms or
+conditions on which the company agrees to indemnify the person insured
+in case of loss. The money paid to obtain insurance, is called
+_premium_.
+
+§12. The profits of the stockholders consist of the excess of money
+received for premiums over the amount paid out for losses. Thus, if a
+company has issued 2,000 policies, each covering property of an average
+amount of $1,000, the amount of risk is $2,000,000; and if the rate of
+insurance is one per cent., the amount received in premiums is $20,000.
+Hence, if none of the 2,000 buildings is burned within the time the
+insurance is to run, the $20,000 are gained. If ten of them should be
+burned, there would still be a gain of $10,000. If twenty should be
+destroyed, there would be no gain, but an actual loss to the amount of
+the expenses of the concern.
+
+§13. But from the average number and amount of losses annually for many
+years, companies are enabled so to fix the rates of insurance as to give
+the stockholders a fair profit on their capital. The rates are not the
+same on all kinds of property; a higher per centage is charged on that
+which is deemed hazardous, or more exposed to fire, than on that which
+is less exposed. The profits on the business of the company, or the
+_dividends_, as they are called, are annually or semi-annually divided
+among the stockholders, in proportion to the amount of their respective
+shares.
+
+§14. There is another kind of insurance companies, which differ
+materially from the _stock_ companies described in the preceding
+sections. They are _mutual_ insurance companies. They are so called
+because the members unite in insuring each other. Every person having
+his property insured by such a company is a member of it. He has his
+buildings and the property in them valued; and pays a certain rate per
+cent. on such valuation. A fund is thus raised out of which any member
+suffering loss by fire is paid the amount for which the property was
+insured. When the fund is exhausted, it is again supplied by a tax
+assessed upon the members in proportion to the amounts for which they
+are respectively insured.
+
+
+
+
+Chapter XXV.
+
+The Militia.
+
+
+
+§1. It is the practice of governments to keep their respective countries
+prepared to defend themselves against foreign enemies. For this purpose
+all men liable to do military duty are enrolled, and are required to
+meet on certain days every year for instruction in the art of war, in
+order to be ready for actual service whenever it shall be required. The
+body of soldiers thus enrolled are called the _militia_. There are other
+words which are sometimes applied to bodies of soldiers; as _infantry_,
+which means the soldiers or troops who serve on foot; _cavalry_, the
+troops on horses; _artillery_, those who manage the cannon and other
+heavy weapons of war. But all troops are comprehended in the general
+term, _militia_.
+
+§2. The militia of a state, or a portion of them, may also be needed to
+aid in executing the laws of the state, and in suppressing insurrection
+or rebellion. An _insurrection_ is a rising against the public
+authority, or the attempt of persons to prevent the execution of a law.
+_Rebellion_ generally means nearly the same as _insurrection_; but more
+properly it signifies a revolt, or an attempt to overthrow the
+government to establish a different one. As it is the duty of an
+executive to see the laws executed, power is given by the constitution
+to the governor to call out a sufficient military force for this
+purpose.
+
+§3. All able-bodied white male citizens of the United States, between
+the ages of eighteen and forty-five years, are liable to perform
+military service in the states in which they reside, except such as are
+exempt by the laws of the states and of the United States. Persons
+exempt by the laws of the states are generally the following: Ministers
+of the gospel; commissioned officers of the militia having served a
+certain number of years; members of uniformed companies having served
+for a specified time; members of fire companies; certain public officers
+while in office; and in some states teachers and students of colleges,
+academies, and common schools; and a few others.
+
+§4. Persons exempt by the laws of the United States are the
+vice-president, the subordinate executive and all the judicial officers
+of the government of the United States; members of congress and its
+officers; custom-house officers and their clerks; post-officers and
+drivers of mail stages; ferrymen employed at ferries on post-roads;
+pilots and mariners.
+
+§5. By the constitutions of the several states, the governors are made
+the commanders-in-chief of the militia of their respective states; and
+by the constitution of the United States, the president is made
+commander-in-chief of the army and navy of the United States, and also
+of the militia of the states when called out into actual service. It has
+already been remarked, (§2,) that the military force of the state is at
+the command of the executive to protect the government and its citizens.
+So the president was thought the proper person to have command of the
+public forces, to execute the laws of the United States, to repel
+invasion, and to carry on war. Hence the governors and the president are
+not among the public officers who are exempt from military duty.
+
+§6. Persons who, having been duly notified, refuse to appear at
+military parades, or, appearing without being equipped as the law
+directs, are tried by a military court, called _court martial_,
+consisting usually of three military officers, or of such other persons
+as may be appointed according to the law of the state. If the persons
+tried do not show good cause for their delinquency, they are fined in
+such sums as the law prescribes. In certain cases courts may consist of
+more than three members.
+
+§7. The highest militia officer, except the governor, is the
+_adjutant-general_ of the state; who keeps a list of all the higher
+commissioned officers, containing the dates of their commissions, their
+rank, the corps (pronounced _core_) they belong to, the division,
+brigade, and regiment, and their places of residence. He distributes all
+orders from the commander-in-chief (the governor,) to the several
+divisions; attends public reviews where the commander-in-chief reviews
+the militia; and obeys all orders from him relative to carrying into
+execution the system of military discipline established by law.
+
+§8. There is also in some states a _commissary-general_, who has the
+care of the arsenals and magazines, and the articles deposited in them.
+An _arsenal_ is a building in which are kept cannon, muskets, powder,
+balls, and other warlike stores; all of which are to be kept in repair
+and ready for use.
+
+§9. There are persons who, believing all wars to be wrong, can not
+conscientiously do military service. As it is the object of our
+government to secure to every person the liberty of conscience as well
+as other rights, the constitutions of many of the states provide, that
+those who are averse to bearing arms, may be excused by paying annually
+a sum of money instead of rendering the service. But it may well be
+doubted whether compelling a man to pay the money is not itself a
+violation of the right of conscience. Many persons conceive it to be no
+less morally wrong to commute for the service than to perform it. In
+some states, all persons belonging to the society of Friends, usually
+called Quakers, are exempt without the payment of an equivalent in
+money.
+
+§10. In the states of New York and Ohio, the rank and file of the
+militia are not required to train in time of peace. Persons liable to
+perform military service, except those connected with the uniformed
+companies, are enrolled in the militia; but instead of doing duty, they
+pay annually a small tax, which is in New York fifty cents, and in Ohio
+fifty cents, or a day's highway labor.
+
+§11. Laws abolishing trainings and musters of the great body of the
+militia, are, it is believed, growing into favor, and for these among
+other reasons: First, the militia system produces no material
+improvement in discipline; secondly, the expenditure of time and money
+in these useless exercises, and for arms and equipments, are burdensome
+to many citizens; and thirdly, there is no probability of an occasion
+requiring a large portion of the militia to be so suddenly called into
+service as to allow no time for preparation. Volunteer companies like
+those kept up and disciplined in the states above named, and the
+standing army of the nation, are deemed sufficient for any supposable
+emergency.
+
+§12. Happily the practice of settling disputes between nations by war,
+is becoming less popular in civilized and Christian communities. War is
+a dreadful evil, and ought to be discouraged, and, if possible, avoided.
+Were governments so disposed, they might in most cases settle their
+differences as individuals do, by submitting them to the judgment of a
+third party. If the love of military honor were less encouraged, and the
+principles of peace duly inculcated, the time would be hastened when
+"nations shall learn war no more."
+
+
+
+
+
+Government of the United States.
+
+
+
+
+Chapter XXVI.
+
+Causes of the Revolution.
+
+
+
+§1. The plan of government in this country is peculiar. To a person
+previously unacquainted with our political institutions, it might seem
+strange, after having read the foregoing description of the state
+governments, to be told that there is still another and a different
+government to which the people are subject. How the people of more than
+thirty states, all having complete and distinct governments, can at the
+same time be subject to another government, also complete in all its
+parts, he would not immediately understand. He would not know what is
+meant by the government of the United States. How the states, all having
+governments of their own, can be _united_ in one government, he would
+not readily perceive.
+
+§2. We shall therefore proceed to a description of the government of the
+United States, from which will appear the relation between that
+government and the state governments. It will also appear that the state
+governments, each of which has in itself a great deal of machinery, all
+move in harmony with the great political machine--the government of the
+United States. It is easy to see that a knowledge of these governments
+is important to the people who live under them, as every freeman
+exercises a part of the governing power, both in the government of his
+own state, and in the general government.
+
+§3. To assist the reader in understanding the constitution and
+government of the United States, we shall first give a sketch of the
+governments which preceded, and of the principal causes which led to the
+revolution in the government of this country. Most of the youth who are
+of sufficient age to study this work, probably know that our present
+forms of government were not established by the early settlers in this
+country. The first inhabitants were _colonists_. A _colony_ is a
+settlement of persons in a distant place or country, who remain subject
+to the government of the state or country from which they removed. The
+American colonies which have become the "United States," were chiefly
+settled from Great Britain, and were under her jurisdiction.
+
+§4. The political rights and privileges enjoyed by the colonists as
+British subjects, were very limited, and were conferred by the charters
+of the king. The people had not then, as now, constitutions of their own
+choice. There were colonial governments; but they were such as the king
+was pleased to establish, and might be changed at his pleasure. These
+governments were in _form_ somewhat similar to that of our state
+governments. There was what might be called a legislature; also an
+executive or governor; and there were judges.
+
+§5. But of the officers of these departments of the government, only the
+members of one branch of the law-making power were elected by the
+people. The other branch was composed of a small number of men, called a
+council; but they were appointed by the king and subject to his control,
+as was also the governor, who had the power of an absolute negative or
+veto to any proposed law. And laws after having received the assent of
+the governor, must be sent to England and approved by the king, before
+they could go into effect.
+
+§6. Hence we see that the colonists had no security for the passage of
+such laws as they wanted. And the consequence was, that they were often
+denied good and wholesome laws, by the refusal of the king to sanction
+them. Not only so; many laws enacted by parliament were very unjust and
+oppressive. The object of these laws was to secure to Great Britain
+alone the trade of the colonies. One law declared that no goods should
+be imported by the colonists but in English vessels; if brought in
+other vessels, both the goods and vessels were to be forfeited to the
+British government.
+
+§7. Another law required such articles as England wanted, to be
+transported to that country and other countries belonging to Great
+Britain. The colonists were permitted to ship to foreign markets such
+products only as English merchants did not want. They were prohibited
+from selling abroad any wool, yarn, or woolen manufactured goods. This
+was done to keep the markets open for British wool and manufactures.
+Another law declared that no iron wares of any kind should be
+manufactured here. Thus was it attempted to suppress manufactures in the
+colonies.
+
+§8. Hence we see that it was the policy of the British government to
+compel the colonists to buy of England all the goods they wanted which
+they did not themselves produce, and to sell to England the surplus
+productions of the colonies. For this purpose, heavy duties were laid
+upon goods imported into the colonies from other countries than Great
+Britain and her possessions. These duties were taxes levied upon goods
+brought into the colonies from abroad, and were collected by officers
+here from the persons importing the goods.
+
+§9. The following facts will explain to the young reader more clearly
+the nature and effects of these duties: The colonists traded with the
+West India islands, some of which belonged to Great Britain, some to
+France, and some to Spain. To secure the whole trade, the British
+government imposed high duties upon the molasses, sugar and other
+articles imported into the colonies from the French and Spanish islands.
+The people of the colonies could therefore avoid the payment of these
+duties only by importing the above mentioned goods from the British
+islands.
+
+§10. Not satisfied with these acts, parliament claimed the right to tax
+the colonies, "in all cases whatsoever;" and an act was passed
+accordingly, laying duties upon all tea, glass, paper, &c., imported
+into the colonies; and the money thus collected was put into the British
+treasury. The colonists petitioned the king and parliament to repeal
+these obnoxious laws; but their petitions were denied. Having given up
+all hope of relief, congress, which was a body of delegates from the
+several colonies, declared the colonies to be free and independent
+states, no longer subject to the government of Great Britain. This
+declaration was maintained by a war which lasted about seven years, when
+Great Britain gave up the contest, and acknowledged the independence of
+the states; and the _revolution_ was accomplished.
+
+
+
+
+Chapter XXVII.
+
+Nature of the Union under the Confederation.
+
+
+
+§1. As early as the year 1774, the colonies united in the plan of a
+congress, to be composed of delegates chosen in all the colonies, for
+the purpose of consulting on the common good and of adopting measures of
+resistance to the claims of the British government. The first great
+continental congress met on the 4th of September, 1774. Another congress
+assembled in May, 1775. This congress adopted sundry measures having
+reference to war, and finally made the declaration of independence, July
+4th, 1776. The continental congress, the members of which were chosen by
+the state legislatures, conducted the affairs of the nation until near
+the close of the war.
+
+§2. With a view to a permanent union of the colonies under a general
+government, the congress, in November, 1777, agreed upon a frame of
+government, contained in certain articles, called, "Articles of
+Confederation and perpetual Union between the States." These articles
+were to go into effect when they should have received the assent of all
+the states. But as the consent of the last state (Maryland) was not
+obtained until March, 1781, they went into operation only about two
+years before the close of the war.
+
+§3. As a plan of national government, the confederation was soon found
+to be very defective. The union formed under it was a very imperfect
+one. Having been framed in time of war, it had respect to the operations
+of war rather than to a state of peace. Although it answered some good
+purpose in carrying on the war, it was not well adapted oven to the
+condition of the country then existing. Its defects appeared almost as
+soon as it went into effect; and after the return of peace, it was found
+that the union, instead of being strengthened and perpetuated by it,
+could be preserved only by a radical change in the system of government.
+
+§4. The leading defect of the confederation was its weakness. Congress
+could do little more than to recommend measures. As it could not
+legislate directly upon persons, its measures were to be carried into
+effect by the states; but the states were not in all cases willing, and
+some of them did at times refuse to do so, and congress could not compel
+them. It belonged to congress to determine the number of troops and the
+sums of money necessary to carry on the war, and to call on each state
+to raise its share; but congress could not enforce its demands. It
+borrowed money in its own name, but it had not the means of paying it.
+It had no power to lay and collect taxes; this power was reserved to the
+states.
+
+§5. Hence we see that congress was dependent for every thing upon the
+good will of thirteen independent states. It is a wonder that a
+government of such inherent weakness should bring the war to a
+successful issue. It was a sense of danger from abroad, rather than any
+power in the government, that induced a sufficient compliance with the
+ordinances of congress to achieve the independence of the states.
+
+§6. On the restoration of peace, new difficulties arose. We have already
+spoken of the want of power in congress to lay and collect taxes for
+war purposes. Money was now wanted to discharge the public debt, and to
+pay the current expenses of the government; yet congress had no power to
+raise it, either by a _direct tax_ upon the persons or property of the
+citizens, or _indirectly_ by duties on goods imported, as at present
+under the constitution. The power to lay and collect duties was with the
+states; but it was of little use so long as each state could impose such
+duties as it chose. The states being unable to agree upon a uniform rate
+of duties, the goods would be imported into states which levied the
+lowest duties. It was expedient, if it had been possible, to borrow more
+money on the credit of the union, as the heavy debt contracted during
+the war remained unpaid, and congress had no means of paying it.
+
+§7. But the inability to raise money was not the only difficulty that
+attended the want of power by congress to lay duties. This power was
+necessary also to regulate the foreign trade. We have already remarked,
+that it was the policy of Great Britain before the revolution to secure
+in the colonies a market for her manufactures. (Chap. XXVI.) Not only
+so; she had by her navigation acts, for more than a hundred years,
+imposed heavy duties upon foreign vessels coming into her ports, in
+order to secure the carrying trade to her own shipping. In addition to
+this, she also levied high duties upon the produce of the states sent to
+pay for the goods we were obliged to buy of her, our own people not
+having as yet the means, nor having had time, to establish
+manufactories, and to manufacture for themselves.
+
+§8. Another of the numerous troubles which arose from this imperfect
+union was the want of peace and harmony between the states. Laws were
+enacted in some states with a view to their own interests, which
+operated injuriously upon other states. This induced the latter states
+to retaliate, by passing laws partial to themselves and injurious to the
+former. The states soon became disaffected toward each other; and their
+mutual jealousies and rivalries and animosities at length became so
+great as to cause fears that some of the states would become involved
+in war among themselves, and that the union would be broken up.
+
+§9. In the hope of remedying the difficulty last mentioned, an attempt
+was made to procure the insertion, into the articles of confederation,
+of a provision giving to congress the power to regulate trade; but the
+attempt failed. In January, 1786, the legislature of Virginia proposed a
+convention of commissioners from all the states, to take into
+consideration the situation and trade of the United States, and the
+necessity of a uniform system of commercial regulations.
+
+§10. A meeting was accordingly held at Annapolis, in September, 1786;
+but as commissioners from only five states attended, viz., New York, New
+Jersey, Pennsylvania, Delaware, and Virginia, the commissioners deemed
+it unadvisable to proceed to business relating to an object in which all
+the states were concerned; but they united in a report to the several
+states and to congress, in which they recommended the calling of a
+general convention of delegates from all the states, to meet in
+Philadelphia on the 2d Monday of May, 1787, with a view not only to the
+regulation of commerce, but to such other amendments of the articles of
+confederation as were necessary to render them "adequate to the
+exigencies of the union."
+
+§11. In pursuance of this recommendation, congress, in February, 1787,
+passed a resolution for assembling a convention. All the states, except
+Rhode Island, appointed delegates, who met pursuant to appointment; and
+framed the present constitution of the United States. They also
+recommended it to be laid by congress before the several states, to be
+by them considered and ratified in conventions of representatives of the
+people. Conventions were accordingly called for this purpose in all the
+states, except Rhode Island, and the constitution was ratified by all of
+them in which conventions had been called, except North Carolina.
+
+§12. The constitution was to go into effect if ratified by nine states.
+The ninth state, New Hampshire, sent its ratification to congress in
+July, 1788; and measures were taken by congress to put the new
+constitution into operation. Ratifications were received from North
+Carolina and Rhode Island the year after the organization of the new
+government.
+
+
+
+
+Chapter XXVIII.
+
+Nature of the Union under the Constitution.
+
+
+
+§1. Having given, in the preceding chapter, a sketch of the union under
+the confederation, we shall next show the nature of the union under the
+present constitution, commencing with a brief comparison of the leading
+features of the two systems of government.
+
+§2. The former union was a mere confederacy. A _confederacy_ is a
+league, a federal compact. The word _federal_ is from the Latin _fadus_,
+a league, or alliance. Hence a confederacy is a combination or union of
+two or more parties, whether persons or states, for their mutual benefit
+and assistance. And let it be here particularly noted, that this union
+was a union of states, _as states_. The articles of confederation were
+framed by congress, whose members were appointed by the state
+legislatures, and, when framed, were submitted to the state legislatures
+for ratification.
+
+§3. On the other hand, the union under the constitution is a union, not
+of the states, as such, but of the _people of the states_. Thus it is
+expressed in the preamble to the constitution: "We, the people of the
+United States, in order to form a more perfect union, ... do ordain and
+establish this constitution for the United States of America." And the
+constitution was submitted for ratification, not to the state
+legislatures, but to conventions whose members were elected by the
+people for that purpose.
+
+§4. The states under the confederation were independent, not only of
+each other, but of the general government. True, they agreed, for their
+common defense and mutual welfare, to do certain things; and certain
+other things they agreed not to do, but delegated to congress the power
+to do them; but, as we have seen, congress had not the power to compel
+the states to obey its requisitions. By the constitution, the states
+have given up a greater portion of their sovereignty to the general
+government, which has power, in certain cases, to control the state
+governments, and to enforce its laws upon them and upon individuals.
+
+§5. Again, under the confederation, as in confederacies generally, the
+states were equal. They were entitled to an equal number of delegates in
+the congress, in which they voted by states, each state having one vote;
+that is, if a majority of the delegates of a state voted in favor of or
+against a proposed measure, the vote of the state was so counted; and a
+proposition having in its favor a majority of the states, was carried.
+Every state was entitled to seven delegates; but there must be at least
+two delegates present and voting, in order to give a state vote; and if
+an equal number of the delegates of a state voted for and against a
+proposition, the state was said to be divided, and to have no vote.
+
+§6. Under the constitution there are two branches of congress, in one of
+which the number of representatives of each state is in proportion to
+its population; in the other, (the senate,) the states are equally
+represented, on the principle of the confederation, though by two
+senators only. But the vote in both is taken, not by states as under the
+confederation, but _per capita_, that is, by the head or poll, the vote
+of each member counting one.
+
+§7. The articles of confederation were framed by congress, the members
+of which were appointed by the state legislatures; and the articles,
+when framed, were submitted for ratification to the state legislatures.
+The constitution was framed by a convention of delegates from the
+states appointed for that purpose; and was ratified, not by the state
+legislatures, but by state conventions whose members were elected by the
+people of the several states.
+
+§8. The former union, as has been remarked, was a mere Confederacy,
+composed of independent states, and united simply for purposes of
+defense and their mutual safety. In most respects they had no more
+political connection than so many different nations. The people of a
+state were not, properly speaking, citizens of the United States, but
+only citizens of the state in which they lived. But by the constitution,
+the people of the states were incorporated into a nation; and a citizen
+of a state is also a citizen of the United States. The government of the
+confederation, although sometimes called the national government, was
+not really such, nor was it generally so regarded, as appears from the
+proceedings of the convention that framed the constitution.
+
+§9. Among the earliest proceedings of the convention was the offering of
+a resolution, declaring that "a national government ought to be formed,
+consisting of legislative, judiciary, and executive." This resolution
+was strongly opposed by a large portion of the delegates, because it
+proposed to establish a _national_ government. They were in favor of
+continuing the confederation with a slight enlargement of the powers of
+congress, so as to give that body the power to lay and collect taxes,
+and to regulate commerce. But the friends of a national government
+prevailed; and we have now a complete government, consisting of the
+three departments, legislative, executive, and judicial.
+
+§10. Under the confederation, there was no executive to execute the
+ordinances of congress; nor a national judiciary, the state courts being
+used for all judicial purposes. There was only a legislature; and that
+consisted of a single body, called the congress, appointed by the state
+legislatures, and having scarcely power enough to entitle it to the name
+of legislature.
+
+§11. But, although the present government, with these three departments
+of power, and controlling, in matters of general concern, the action of
+the state governments and of individuals, is properly a national
+government; yet it is not wholly such, but partly national and partly
+federal; some of the federal features of the confederation having been
+retained in the constitution, as will appear on a further examination of
+this instrument. Hence the union is still called, with propriety, the
+_federal union_, and the government the _federal government_.
+
+
+
+
+Chapter XXIX.
+
+Legislative Department. House of Representatives.
+
+
+
+§1. The first article of the constitution describes the manner in which
+the legislature is formed, and prescribes its principal powers. It
+declares, "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." Members of the old congress were appointed by the
+state legislatures for one year, and might be recalled by them at any
+time. Representatives are now chosen for two years. It was thought that
+a single session was too short a term for men in general to acquire the
+knowledge and experience necessary to a right performance of the
+responsible duties of a representative. Besides, measures are often left
+unfinished at the close of a session; and those who have once examined
+their merits and demerits, can dispose of them more promptly than new
+members.
+
+§2. The same clause declares that "the electors in each state shall have
+the qualifications requisite for electors of the most numerous branch of
+the state legislature." The qualifications of electors were various in
+the different states. (Chap. VI, §8.) In some of them, owners of
+property, or tax-payers, in others, freeholders only, were voters. In
+some, only the latter voted for the higher officers; in a few, suffrage
+was almost universal. It was presumed that no state would object to its
+own rule for electing the popular branch of its legislature. It is
+proper that a representative should be chosen directly by those whose
+wants he is to make known, and whose rights he is to guard.
+
+§3. A representative must, at the time of his election, "have attained
+the age of twenty-five years; and have been seven years a citizen of the
+United States;" and he must "be an inhabitant of the state in which he
+is chosen." Few young men, on attaining the age of majority, have the
+knowledge, or experience, or wisdom, which is requisite to qualify them
+for the responsible duties of a representative. Nor is it to be presumed
+that an alien, at the earliest period at which he may become a
+naturalized citizen, would be sufficiently familiar with our
+institutions and the wants of our people to be a competent
+representative.
+
+§4. The next clause prescribes the rule of apportionment.
+"Representatives and direct taxes shall be apportioned among the several
+states, according to their respective numbers, which shall be determined
+by adding to the whole number of free persons, including those bound to
+service for a term of years, and excluding Indians not taxed,
+three-fifths of all other persons." To the younger class of readers,
+this part of the clause needs explanation.
+
+§5. The convention found it very difficult to agree upon a rule of
+apportionment. In the first place, the states, as will be recollected,
+were entitled to an equal number of delegates in the old congress; and
+each state had one vote. But as each member of the house of
+representatives was to have a vote, the small states opposed a
+representation according to numbers, while the large states as
+strenuously insisted upon it.
+
+§6. In the next place, the slaveholding states claimed a representation
+according to numbers including slaves; the non-slaveholding states
+insisted on a representation according to the number of free persons. It
+may here be observed, that slavery then existed in all the states except
+Massachusetts; but as the slaves were so few in the northern states, in
+which slavery has been since abolished, the latter are generally spoken
+of as if they were at that time non-slaveholding states. The controversy
+on this point rose so high, and the parties were for a long time so
+unyielding, that fears were entertained of a sudden dissolution of the
+convention.
+
+§7. It became evident that the question could be settled only by
+compromise. The northern states consented that in ascertaining the
+number of persons to be taken as the basis of apportionment,
+three-fifths of the slaves should be added to the number of free
+persons. And as these states had opposed the computation of any slaves
+in fixing a rule of apportionment, on the ground that slaves are
+property, and that no property in these states entitled its owners to
+representation, the southern states consented, on their part, that
+_direct taxes_ should be apportioned on the same basis as
+representatives.
+
+§8. To illustrate this rule by an example: Suppose a state to contain
+600,000 free persons, and 500,000 slaves. Adding three-fifths of the
+number of slaves, (300,000) to the number of free persons, gives 900,000
+as the number of the representative population: and the state would be
+entitled to _three_ representatives for every _two_ that a state would
+have which contained 600,000 free inhabitants and no slaves. So in
+apportioning taxes according to population, the state in the case we
+have supposed, would have to raise _three_ dollars for every _two_ that
+it would raise if no slaves were counted.
+
+§9. But the advantages of this arrangement are more unequal than may at
+first sight appear, or than was anticipated by the framers of the
+constitution. The benefits are chiefly on the side of the slaveholding
+states. In the first place, two-fifths of a large class of property in
+these states is exempt from taxation, while _all_ the property in the
+free states is liable to taxation. Of this the framers were aware. But
+they did not foresee the fact, that the laying of direct taxes would be
+unnecessary, and that the slave states would consequently escape
+taxation for their slaves. Only three direct taxes have been laid; and
+it is not probable that another will become necessary; the treasury
+being supplied from other sources, chiefly by duties on imports.
+
+§10. Now, although nothing is gained by the slave states, nor is
+anything lost by the free states, by the exemption of the two-fifths of
+the slaves from taxation, since direct taxes are unnecessary; there is a
+great gain to the slave states, which have between thirty and forty
+representatives for what their laws hold to be "property to all intents
+and purposes whatsoever," for which the free states have nothing in
+return.
+
+§11. The constitution does not limit the house to any definite number of
+representatives; it only declares that the number shall not exceed one
+for every 30,000 inhabitants. It requires an enumeration of the
+inhabitants every ten years; and the next congress thereafter determines
+the ratio of representation and the number of representatives, and
+apportions them among the states. The word _ratio_ signifies rate, or
+proportion. It here means the number or portion of the inhabitants
+entitled to a representative.
+
+§12. But as a representative for every 30,000 inhabitants, after the
+population became very numerous, would have made the house too large to
+transact business with due dispatch, and would have unnecessarily
+increased the public expense, the ratio of representation has from time
+to time been increased. But to whatever number the ratio may be raised,
+the constitution expressly declares, that "each state shall have at
+least one representative." Neither Delaware nor Florida had, in 1850, a
+population equal to the present ratio; and without the above
+constitutional provision, these states would have been deprived of a
+representation in the house, unless congress had adopted a smaller
+ratio.
+
+§13. It will be seen by reference to the constitution, that the number
+of representatives was for the time fixed at sixty-five. After the first
+census, taken in 1790, the ratio was fixed at 33,000, which gave the
+house 106 members. After the census of 1800, the same ratio was
+adopted, and the number of members was 142.
+
+After 1810, the ratio was 35,000; number of members 182.
+After 1820, the ratio was 40,000; number of members 213.
+After 1830, the ratio was 47,700; number of members 240.
+After 1840, the ratio was 70,680; number of members 233.
+
+After 1850, the ratio was 93,000 and a fraction, making the number of
+members 233, of which California had one; but in view of her rapid
+increase in population, she was allowed an additional member, making, in
+all, 234. Minnesota has since been admitted into the Union (1858) with
+two members, and Oregon (1859) with one member.
+
+§14. Representatives are chosen by districts. Each state is divided by
+the legislature into as many districts as there are representatives to
+be elected in the state; and one representative is chosen in each
+district. In most of the states, representatives are chosen at the
+general state election; in the others, there are special elections for
+choosing representatives.
+
+§15. By an act of congress, every territory belonging to the United
+States in which a government has been established, is entitled to send a
+delegate to congress, who has a right to take a part in the debates of
+the house, but not the right of voting.
+
+
+
+
+Chapter XXX.
+
+The Senate.
+
+
+
+§1. "The senate of the United States shall be composed of two senators
+from each state; chosen by the legislature thereof, for six years; and
+each senator shall have one vote." (Art. I, sec. 3.) The convention
+readily agreed upon dividing congress into two branches; but, as has
+been observed, it was difficult to settle the mode of representation.
+The delegates from the large states insisted upon a representation in
+proportion to numbers, in the senate as well as in the house; and the
+small states contended for equality in both branches. The debate was
+long and animated; and it became apparent that, as in the case of slave
+representation in the house, there must be a compromise. This was at
+length effected; the small states consenting to a proportional
+representation in the house, and the large states to an equal
+representation in the senate.
+
+§2. It has been remarked, that the federative principle of the old
+system has been to some extent retained in the constitution. Both the
+equality of representation in the senate, and the election of senators
+by the state legislatures, are in strict conformity with the plan of the
+confederation, and of simple confederacies generally. Different modes of
+electing senators were proposed; but the one adopted by the convention
+seems preferable to any other.
+
+§3. There is, however, in one particular, a material difference between
+the plan of the old congress and that of the senate. It is in the manner
+of voting. In the former, the vote was taken by states, each state
+having but one vote; (Chap. XXVIII, §5,) in the latter, the senators
+vote separately, the vote of each senator counting one, as in the house;
+and a question is decided by the united votes of a majority of the
+members, and not by the vote of a majority of the states. Nor is the
+vote of a state lost if but one of its senators is present, as formerly.
+If, however, the two senators vote on different sides of a question, the
+effect is the same as when, in the old congress, the members from a
+state were equally divided.
+
+§4. There were also various opinions as to the proper term of office of
+senators. Terms were proposed differing in length from three to nine
+years; and a proposition was even made by one distinguished member to
+make the term continue during good behavior, which is practically for
+life. There appear to be sound objections both to long and short terms.
+It is urged by those in favor of the latter, that an officer elected for
+a short term, especially if he desires a reëlection, will have a strong
+inducement to please and faithfully serve those who are to elect or
+appoint him.
+
+§5. Others, however, while they admit that short terms tend to insure
+responsibility on the part of a representative, consider this argument
+more than counterbalanced by the objections to which a short term is
+liable. Looking to a reëlection, he may act with a view to his
+popularity rather than to the public good. Again, the oftener a
+legislature is changed, the more changeable and uncertain will be the
+laws. Men having invested their capital in a business enterprise, and
+made a successful beginning under existing laws, may be ruined by a
+sudden and unexpected change of governmental policy.
+
+§6. In view of these objections to both long and short terms, a medium
+term of six years was adopted. This was believed to be short enough to
+keep up in a senator a feeling of responsibility, and yet long enough to
+insure his acting independently and with a regard to the general
+interests of the nation. Although a bad senator may occasionally be kept
+too long in office by a six years' term, cases also occur in which the
+act of a senator, especially in time of public excitement, is strongly
+condemned, but upon calm and mature reflection meets the public
+approbation.
+
+§7. The next clause of the third section provides for the gradual change
+of the senate. One-third of the senators go out of office every two
+years. In favor of this arrangement are two important considerations.
+First, it secures to the public at all times the benefit of the
+experience of at least two-thirds of the body. Whereas, if the terms of
+all the senators expired at once, their places might be supplied mainly
+by new members without the requisite knowledge and experience. Secondly,
+while a long term is intended to guard against the too frequent changes
+in the laws, it may also prevent, for too long a time, the amendment or
+the repeal of bad laws. Such amendment or repeal may be hastened by the
+election of new members in the place of the one-third who retire every
+two years.
+
+§8. Vacancies which happen in the representation of any state in the
+senate during the recess of its legislature, may be filled by the
+governor until the next meeting of the legislature. Without this
+provision, either the legislature must be assembled immediately to fill
+the vacancy, or the state must remain in part, or perhaps wholly
+unrepresented in the senate, until the next regular session of the
+legislature.
+
+§9. But an appointment may not be made by an executive before the
+vacancy actually happens. In 1825, the term of a senator was about to
+expire during the recess of the legislature of his state, which had
+failed at its previous session to appoint a successor. As a special
+session of the senate was to be held immediately after the expiration of
+the senator's term, the governor, a few days before the term expired, in
+anticipation of the vacancy, reappointed the senator. But the senate
+decided that, as the appointment had been made _before the vacancy
+happened_, the senator was not entitled to a seat.
+
+§10. The next clause prescribes the qualifications of senators. A
+senator must have attained the age of thirty years, and been nine years
+a citizen of the United States; and he must, when elected, be an
+inhabitant of the state for which he is chosen. As many of the duties of
+a senator require more knowledge, experience, and stability of character
+than those of a representative, greater age and longer citizenship are
+required. The nature of these duties will be noticed in subsequent
+chapters.
+
+§11. The seventh section of the first article provides for the passage
+of bills negatived, or vetoed, by the president. Bills returned by him
+with his objections, become laws when passed by majorities of two-thirds
+of both houses; that is, by two-thirds of the members present. They also
+become laws if not returned by him within ten days (Sundays excepted)
+after they have been presented to him, unless their return is prevented
+by the adjournment of congress.
+
+§12. We have passed over several sections and clauses of this article
+without remark. Most of them are similar to some in the state
+constitutions, which we have noticed; and the propriety of others is so
+readily perceived, that any comment upon them is deemed unnecessary.
+
+
+
+
+Chapter XXXI.
+
+Power of Congress to lay Taxes, Duties, &c.; Power to Borrow Money.
+
+
+
+§1. Having shown how the legislative department of the general
+government is constituted, we proceed to consider its powers. It is
+thought proper, however, first to notice one important characteristic of
+the general government, in which it differs from the state governments,
+and the knowledge of which is necessary to a right understanding of the
+powers of the state and national governments respectively.
+
+§2. The general government is a government of _delegated_ powers; that
+is, powers which have been intrusted or _delegated_ to it by the states,
+or the people of the states. Having derived its powers from the states,
+or the people, it has such powers only as have been conferred by the
+constitution. Hence it is called a government of _limited_ powers. The
+states, on the other hand, existing before the general government, and
+possessing entire sovereignty or supreme power, may exercise all powers
+which they have not surrendered to the general government. In other
+words, their powers are _unlimited_, except so far as they have parted
+with any of their original powers.
+
+§3. Most of the powers of congress are enumerated in the eighth section
+of the first article of the constitution. The first in the list is in
+these words: "Congress shall have power to lay and collect taxes,
+duties, imposts, and excises, to pay the debts and provide for the
+common defense and general welfare of the United States; but all duties,
+imposts, and excises shall be uniform throughout the U. States."
+
+§4. We have already noticed the want of such a power in the old
+congress. The debt which had been contracted to carry on the war
+remained unpaid; and congress, as we have seen, had no power to raise
+money either to pay debts or to defray the current expenses of the
+government. (Chap. XXVII: §4, 6.) It could neither raise money by
+_direct_ taxation; that is, by taxing the persons and property of the
+citizens, nor by _indirect_ taxation, which is by duties.
+
+§5. _Duties_, or _customs_, are taxes on goods imported from, or
+exported to, a foreign country. _Imposts_ are taxes on imported goods
+only. Duties on exports, however, being deemed inexpedient, are not laid
+by our government. An _excise_ is a tax neither on imports nor exports,
+but on articles produced and consumed in the country, and on licenses to
+deal in certain commodities. The money paid for license to sell
+spirituous liquors is an _excise_ tax.
+
+§6. Duties are _specific_ and _ad valorem_. A _specific_ duty is a
+specified sum of money charged upon every yard, pound, or gallon of any
+commodity. Thus, a duty of ten cents on a pound of tea, or of one dollar
+on a yard of cloth, or of fifty cents on a gallon of wine, is a specific
+duty. _Ad valorem_ is a Latin phrase, signifying _according to the
+value_. An _ad valorem_ duty is a certain _per centage_ on the value or
+price. Thus, thirty per cent, on a yard of cloth costing two dollars, is
+sixty cents; on a yard costing three dollars, ninety cents; the sum
+charged being varied by the difference in the price or value.
+
+§7. The power to lay duties is very properly qualified by the provision
+that "all duties shall be uniform throughout the United States." This
+was intended to prevent the giving of unjust preference to any one or
+more states over others. Without this restriction upon the exercise of
+this power, the representatives of a part of the states might combine,
+and by laying higher duties upon goods imported into other states, than
+upon those imported into their own, might turn the trade chiefly into
+the latter. Or they might in laying duties on exports, impose high
+duties upon the productions of other states, and low duties, or none at
+all, upon the products of their own.
+
+§8. Although Congress has power to lay direct taxes, it has seldom been
+exercised. The duties on foreign goods and on the vessels in which they
+were imported, have been found sufficient for the payment of the public
+debt, and for other government purposes. The national debt in 1791 was
+about $75,000,000, and, in 1804, had risen to $86,000,000; yet chiefly
+by duties was this debt reduced nearly one-half by the year 1812. By the
+war which commenced that year, the debt was again increased, being in
+1816, $127,000,000. In 1835, this large debt had been, in the manner
+stated, entirely extinguished.
+
+§9. The next power mentioned is the "power to borrow money on the credit
+of the United States." Although Congress may, under the power to lay
+taxes and duties, raise money to any extent, a large amount may
+sometimes be wanted before it can be raised from the regular income or
+revenue of the nation, or even before it could be raised by a direct
+tax, which would be burdensome to the people. Hence the utility of the
+power to borrow money until it can be reimbursed from the national
+revenues.
+
+
+
+
+Chapter XXXII.
+
+Power of Congress to Regulate Commerce. Commerce with Foreign Nations.
+
+
+
+§1. Next in the list of powers is "the power to regulate commerce with
+foreign nations, and among the several states, and with the Indian
+tribes." The need of no power under the confederation was more deeply
+felt than the power to regulate foreign trade. It was the want of this
+power, as we have seen, which was the more immediate cause of calling
+the convention that framed the constitution. (Chap. XXVII: §7-11.) The
+necessity of this power arose mainly from the policy of Great Britain,
+by which she had secured to herself undue advantages in her foreign
+commerce, especially in her trade with this country.
+
+§2. During the war of the revolution, the direct trade with Great
+Britain was interrupted. But when peace was restored, our markets were
+again open to British goods and vessels, while upon American produce and
+American vessels entering British ports, heavy duties were levied. To
+enable some young readers more clearly to understand the objects and the
+unequal operation of the policy of the British government, the subject
+may need some further illustration.
+
+§3. One object was, to secure a market at home for the products of
+agricultural labor. How this is done by taxing foreign products, will
+appear from the following example: Suppose the market value of a bushel
+of wheat in Great Britain to be one dollar a bushel, and the cost of
+raising the article here and carrying it to that market to be the same.
+If now a duty of 40 cents a bushel is laid upon wheat from abroad, the
+English consumer, instead of buying it with this duty added, will buy of
+the English producer. But more wheat is produced here than there is a
+market for; and the American farmer must find a market abroad. But in
+order to sell it in the English market, he must pay 40 cents on every
+bushel to the British government; or, which is the same thing in effect,
+he must sell it for 40 cents a bushel less than its value to the British
+purchaser, who pays the duty to that government.
+
+§4. Now, as much less American wheat will be sent to Great Britain than
+if it were free from duty, a better market is secured to the English
+farmer. Besides this, of the value of every bushel which Great Britain
+may please to admit, or which the people of other countries maybe
+obliged to sell to her, 40 per cent, is paid into her treasury. Thus by
+one operation, are two benefits secured, namely, the reward of
+agricultural labor at home, and the raising of revenue. So by the duties
+imposed upon foreign vessels entering her ports, the national revenue
+was to some extent increased, and great advantages were secured to her
+citizens engaged in the carrying trade.
+
+§5. The people of this country being nearly all employed in agriculture,
+and consequently dependent upon foreign markets for the sale of the
+surplus products of their labor, they were obliged to submit to the
+payment of these duties. And not possessing at that time the means of
+manufacturing to any considerable extent for themselves, goods in large
+quantities came in from Great Britain, for which they must pay in
+produce heavily burdened with duties, or with money obtained for the
+produce subject to these heavy duties.
+
+§6. To remove the inequality in the trade between the two countries, it
+was thought necessary to retaliate upon Great Britain by subjecting her
+goods and vessels coming into our ports to the payment of duties similar
+to those imposed on our produce and vessels in her ports. But the power
+to lay duties was with the states; and, as we have seen, the states
+could not agree upon any effectual system; for, in order to make any
+system effectual, the duties must be uniform throughout the United
+States.
+
+§7. It was intended, in regulating trade, to render our own country less
+dependent upon foreign nations for manufactured goods, by encouraging
+domestic or home manufactures by duties on goods imported. Duties laid
+for this purpose are called _protective_ duties, being designed to
+_protect_ our manufacturers against loss from the competition of
+foreigners. The nature and operation of a protective duty may be thus
+illustrated:
+
+§8. Suppose foreign broadcloth of a certain quality is sold in this
+country for $2.50 a yard, and cloth of the same quality manufactured
+here can not be afforded for less than $3 a yard. There would now be no
+encouragement to any one to engage in the manufacture of such cloth;
+because in order to sell it, he must reduce the price to that of the
+foreign article, which would subject him to a loss of fifty cents a
+yard. Let now a duty of $1 a yard be laid upon the foreign cloth, and
+the price would be $3.50, and preference would be given to the domestic
+article, unless the importer should reduce the price of his foreign
+cloth to $3; in which case, it is to be presumed, about an equal
+quantity of each would be consumed, and the duty of $1 a yard on the
+foreign cloth would go into the United States' treasury.
+
+§9. The same objects may, to some extent, be effected by the first
+mentioned power, "to lay taxes, duties," &c. In laying duties for
+revenue, that is, raising money to pay the debts and other expenses of
+the government, congress may lay the duties upon those kinds of goods
+which it wishes to protect; and thus _indirectly_ both encourage
+domestic industry and regulate commerce. From this it appears that the
+three objects mentioned may be accomplished under the grant of either
+one of the two general powers, to lay duties, and to regulate commerce.
+
+§10. Why, then, it may be asked, were both these powers inserted in the
+constitution? The first _expressly_ authorizes the laying of duties only
+to raise money for paying debts and government expenses; and protection
+and the regulation of commerce can only be effected _indirectly_. Hence,
+if our arrangements with foreign nations should be such as to render it
+unnecessary to lay duties to regulate commerce, or encourage domestic
+industry, money could not be raised without the _express_ power to lay
+taxes, duties, &c. And such might be the state of things, that rates of
+duties sufficient for revenue would be insufficient for the purposes of
+protection and regulating trade. Therefore, both powers are properly
+granted to congress.
+
+§11. Again, it may be asked, if foreign goods without duty can be had at
+lower prices than domestic, why is it not better for us to buy them than
+to force the manufacture and sale of our own at higher prices? and, if
+there is no other way of raising money, why not do it by direct
+taxation? Suppose, for example, as in a preceding section, (§8,) the
+price of foreign cloth to be $2.50 a yard, for which the farmer has to
+pay in wheat, or in cash received for it. But as the wheat has to be
+shipped to a foreign market, the merchant who takes it in exchange for
+the cloth, or the cash purchaser, deducts from the foreign market price
+the cost of transportation and the foreign duty, which, together, let us
+suppose to be fifty cents a bushel, or one-half of the foreign market
+price. A yard of cloth would then cost five bushels of wheat.
+
+§12. Let us now suppose a domestic article at $3 a yard to take the
+place of the foreign. A large portion of the laborers formerly employed
+in agriculture, are now engaged in building factories and in
+manufacturing. These, instead of being producers, have become only
+consumers of the wheat of the farmers, who now have a market at home,
+thus saving the duties and the cost of transportation. As there are now
+fewer producers, the price of wheat would probably be not less than $1 a
+bushel. Therefore a yard of domestic cloth would cost only _three_
+bushels of wheat, instead of _five_ paid for the foreign cloth. And as
+there would be a corresponding rise in the price of labor, more cloth at
+$3 a yard could be bought for the avails of a day's labor than formerly.
+
+§13. The protection of domestic industry received the early attention of
+congress. The second law passed by the first congress under the
+constitution, authorized "duties to be laid on goods, wares, and
+merchandises imported;" and among the objects of the law expressed in a
+preamble one was "the encouragement and protection of domestic
+manufactures." For a long time, however, little was done in the way of
+protection. The principal nations of Europe, England included, became
+involved in war. A large portion of their laboring population having
+been called from agricultural pursuits into the armies, a foreign demand
+was created for American produce; and we were enabled to supply
+ourselves at less disadvantage with foreign manufactures.
+
+§14. But after peace had been restored in Europe, and people had
+returned to their usual employments, the foreign demand for our
+breadstuffs nearly ceased; and large quantities of foreign goods were
+again imported, for which our people were unable to pay. Congress now
+found it necessary to exercise, to a greater extent, its power to
+regulate trade, by discouraging importations, and encouraging domestic
+manufactures, and, in 1816, commenced an effective system of
+protection. Laws have from time to time been passed to favor
+manufactures from cotton, wool, iron, and other materials; and
+manufacturing is now carried on extensively in this country. By thus
+drawing a large portion of the people into manufacturing and mechanical
+employments, a market has been created at home for more grain, meat, and
+other agricultural products, than is required to supply all foreign
+demand.
+
+§15. The laws relating to foreign commerce prescribe the manner of
+collecting the revenue. There is in every port of entry a _collector_ of
+_customs_, who superintends the collection of duties. When a vessel
+arrives it is submitted, with the cargo and all papers and invoices, to
+the inspection of the proper officers; and the goods subject to duty are
+weighed and measured, and the duties estimated according to law.
+
+
+
+
+Chapter XXXIII.
+
+Power to regulate Commerce, continued. Navigation; Commerce among the
+States, and with the Indian Tribes.
+
+
+
+§1. In regulating foreign commerce, congress has also passed navigation
+laws. _Navigation_ is the art of conducting ships and other vessels. It
+has reference also to the rules to be observed by owners and masters
+engaged in the shipping trade. We have noticed the navigation acts of
+Great Britain by which she built up her shipping interest; (Chap. XXVII,
+§7,) and we have stated that one object of the power to regulate
+commerce was to countervail the effects of those acts upon our shipping.
+
+§2. To encourage and promote domestic navigation, an act was passed by
+the first congress conferring special privileges upon vessels built and
+owned by citizens of the United States. This was done by laying _duties
+on tunnage_. _Tunnage_ means the content of a ship, or the burden that
+it will carry, which is ascertained by measurement, 42 cubic feet being
+allowed to a tun. This act imposed a duty of fifty cents a tun on
+foreign vessels, and upon our own a duty of only six cents a tun. As
+such a law discriminates, or makes a distinction or difference between
+domestic and foreign vessels, these duties are also called
+_discriminating_ duties.
+
+§3. By the aid of these protective duties, slightly changed from time to
+time, our shipping interest acquired great strength. But the necessity
+of discriminating duties no longer exists. By the stipulations of
+existing treaties between the principal commercial nations, each is to
+admit into her ports the vessels of the others on equal terms with her
+own. Our government having become a party to this agreement,
+discriminating tunnage duties have been abolished.
+
+§4. The registry, however, of vessels of the United States, and other
+regulations concerning them, are for the most part continued. A vessel
+is measured by a surveyor to ascertain her tunnage, and the collector
+records or registers in a book her name, the port to which she belongs,
+her burden or tunnage, and the name of the place in which she was built,
+and gives to the owner or commander a certificate of such registry.
+
+§5. The master of a vessel departing from the United States, bound to a
+foreign port, must deliver to the collector of the district, a
+_manifest_, which is an invoice, or account of the particulars of a
+cargo of goods, and of their prices or value. This statement is
+subscribed by the master, and sworn by him to be true. The collector
+then grants a _clearance_, for the vessel, which is a certificate
+stating that the commander has cleared his vessel according to law.
+
+§6. Vessels of the United States going to foreign countries, are, at the
+request of the masters, furnished with passports. A _passport_ is a
+writing from the proper authority of a state or kingdom, granting
+permission to pass from place to place, or to navigate some sea without
+hinderance or molestation. It contains the name of the vessel and that
+of her master, her tunnage, and the number of her crew, certifying that
+she belongs to the subjects of a particular state, and requiring all
+persons at peace with that state, to suffer her to proceed on her voyage
+without interruption. In this country the form of a passport is prepared
+by the secretary of state, and approved by the president.
+
+§7. The navigation laws also provide for the safety of passengers and
+the crews of vessels, limiting the number of passengers on passenger
+vessels, and prescribing the quantity of water and certain kinds of
+provisions which merchant vessels are required to have for each person
+on board. They also declare what persons may be employed on board, and
+how funds shall be provided for sick and disabled seamen.
+
+§8. Under the power to regulate commerce, congress has also passed laws
+relating to quarantines. The word _quarantine_, from the Latin
+_quarantina_, signifies the space of forty days. Originally vessels
+suspected of having contagious sickness on board, or of being infected
+with malignant, contagious disease, were forbidden, for forty days, to
+have intercourse with the place or port at which they arrived. The
+period for which ships are now detained is not defined, but is fixed by
+the proper officers at their discretion, according to circumstances.
+Quarantines are required by the health laws of the states; and by the
+laws of congress, vessels are to be subject to the health laws of the
+state at whose ports they arrive.
+
+§9. In connection with the power to regulate foreign commerce, power is
+given to regulate "commerce among the several states," or _internal_
+commerce. We have noticed the difficulties which attended the different
+commercial regulations of the states, and the necessity of a uniform
+system, which could be had only by giving congress alone the power to
+regulate commerce. (Chap. XXXI., §7.) Without the power to regulate
+_internal_ commerce, congress could not give effect to the power to
+regulate foreign commerce. One state might impose unjust and oppressive
+duties upon goods imported or exported through it by another state. But
+in the hands of congress, the power to regulate internal as well as
+foreign commerce, secures to all the states the benefits of a free and
+uninterrupted trade.
+
+§10. In granting to congress the power to regulate commerce "with the
+Indian tribes," it was intended to lessen the dangers of war. Murders
+and war had been provoked by the improper conduct of some of the states.
+It was believed, that, by a uniform policy, difficulties would be more
+likely to be prevented; and that if they should occur, they would be
+more likely to be amicably settled by the general government than by a
+state, which, being an interested party, would be more liable to
+misjudge the matter in dispute, and more rigid in demanding satisfaction
+for injuries, as well as more severe in redressing them.
+
+
+
+
+Chapter XXXIV.
+
+Powers of Congress in relation to Naturalization; Bankruptcy; Coining
+Money; Weights and Measures; Punishment of Counterfeiting.
+
+
+
+§1. The next clause grants to congress the power "to establish a uniform
+rule of naturalization, and uniform laws on the subject of bankruptcies
+throughout the United States." We have already noticed some of the
+disqualifications of aliens. (Chap. VI, §5.) By the common law of
+England and this country, aliens were not only politically disqualified,
+but they could not in their own name lawfully hold and sell real estate.
+To admit aliens to all the rights and privileges of citizens immediately
+on their arrival in this country, and before they shall have acquired a
+knowledge of our government and laws, and of the duties of citizens,
+would be expedient. Educated under monarchical governments, many of
+them, it is to be presumed, have little respect for our republican
+institutions, or at most but an imperfect knowledge of them.
+
+§2. But to deny foreigners the rights of citizens after they shall have
+acquired a fixed residence here, and a knowledge of their civil and
+political duties, would be illiberal and unjust. Provision has therefore
+been made for removing their disqualifications, or for _naturalizing_
+them; that is, for investing them with the rights and privileges of
+_natural_ born citizens. But if different rules were established by the
+different states, a person, having become naturalized in one state,
+would, on removing into another state, be deprived of the rights of
+citizenship, until he should have been naturalized by the laws of such
+state. Besides, by the constitution, a person, on becoming a citizen of
+any state, is a citizen of the United States, and entitled to the
+privileges of a citizen in any other state. (Art. IV., §2.) As,
+therefore, there should be one uniform rule, the power of naturalization
+is properly given to congress.
+
+§3. An alien, to become a citizen, must declare on oath before a state
+court or a circuit court of the United States, or before a clerk of
+either of said courts, after having resided three years in the United
+States, that it is his intention to become a citizen, and to renounce
+his allegiance to all foreign governments, and particularly that under
+which he formerly lived, and that he will support the constitution of
+the United States. Then after two years, the court, if satisfied that he
+has resided five years in the United States, and one year in the state
+in which the court is held, and that during that time he has behaved as
+a man of good moral character, and is attached to the principles of the
+constitution, may admit him as a citizen.
+
+§4. An alien minor who has resided in the United States at least three
+years before he was twenty-one years of age, may, at any time after that
+age and five years' residence in the United States, be admitted as a
+citizen, without having previously declared his intention to become a
+citizen. Also the minor children of a naturalized citizen, if dwelling
+in the United States at the time of his naturalization, become
+citizens.
+
+§5. A _bankrupt_ is an insolvent debtor; that is, a person who is unable
+to pay all his just debts. A _bankrupt law_ is a law which, upon an
+insolvent's giving up all his property to his creditors, discharges him
+from the payment of his debts. Such laws are designed for the benefit of
+honest and unfortunate debtors, who, by having the enjoyment of their
+future earnings secured to them, are encouraged to engage anew in
+industrial pursuits. But these laws, intended for the benefit of the
+unfortunate poor, have enabled dishonest and fraudulent debtors to
+procure a release from their debts.
+
+§6. Experience had shown the propriety of intrusting to congress the
+power to make these laws. The dissimilar and conflicting laws of the
+different states, and the entire want of them in others, had caused
+great inconvenience. A debtor, though discharged from debt by the laws
+of one state, was liable to be prosecuted on removing into another
+state. Important as such laws were deemed, there is no existing law on
+the subject. A bankrupt law was passed in April, 1800, and repealed in
+December, 1803. Another was passed in 1841, which was of still shorter
+duration.
+
+§7. The next power mentioned is the power "to coin money and regulate
+the value thereof." As a consequence of giving this power to Congress,
+we have a uniform currency throughout the union. We have also, instead
+of the awkward system of reckoning by pounds, shillings, and pence, the
+more convenient decimal mode of calculation by dollars and cents. The
+old system was rendered the more inconvenient by the difference in the
+value of a pound, shilling, and penny in the different states. A
+merchant in a New England state, buying goods in New York or
+Philadelphia, must, in order to put prices upon them, reduce the
+currency of the state in which he bought them to New England currency.
+Thus, the cost of an article being in New York two shillings and four
+pence a pound, would be in Connecticut one shilling and nine pence. One
+shilling and six pence in New York would be in any New England state
+one shilling and a penny and a half.
+
+§8. The place where money is coined is called _mint_. The principal mint
+in the United States, and the first that was established in this
+country, is at Philadelphia. The business of coining is under the
+superintendence of a director. Under him are a treasurer, an assayer, a
+chief coiner, an engraver, and a melter and refiner. The gold and
+silver, before it is coined, is called _bullion_. There is a branch mint
+in New Orleans, one at Charlotte, in North Carolina, one at Dahlonega,
+in Georgia, one in California, and one in the city of New York. At the
+place last mentioned, gold is assayed, but not coined.
+
+§9. The clause containing the power last quoted, gives power also to
+"fix the standard of weights and measures." For the convenience of trade
+between the states, the standard of weights and measures should be the
+same in all the states. Without such uniformity, commerce among the
+states would meet with embarrassments scarcely less than those
+experienced from the want of a uniform currency. To effect the desired
+object, this power was given to congress.
+
+§10. The next power in the list is the power "to provide for the
+punishment of counterfeiting the securities and current coin of the
+United States." By securities here are meant bonds and other evidences
+of debt. As the general government has the power to borrow money and to
+coin money, it is proper that it should also have the power to provide
+for punishing those who forge its written obligations for the payment of
+the money borrowed, and who counterfeit its coin. These offenses are
+tried in the courts of the United States.
+
+
+
+
+Chapter XXXV.
+
+Powers of Congress in relation to Post-Offices, Copy-Rights, and
+Patents, and Inferior Courts.
+
+
+
+§1. Congress has power "to establish post-offices and post-roads." The
+post-office department, from the facilities which it affords for the
+circulation of intelligence and the transaction of business, is an
+institution of incalculable value to the union. It is impossible to
+conceive all the difficulties which would attend the exercise of this
+power by the different states. A uniform system of regulations is
+indispensable to the efficiency of this department, and could be secured
+only by placing this power in the hands of congress.
+
+§2. Congress has power "to promote the progress of science and the
+useful arts, by securing, for limited times, to authors and inventors,
+the exclusive right to their respective writings and discoveries."
+Useful sciences and arts are promoted by new books and new inventions.
+But if every man had the right to print and sell every book or writing,
+without compensation to the author, there would be little to encourage
+men of ability to spend, as is often done, years of labor in preparing
+new and useful works. Nor would men of genius be likely to spend their
+time and money in inventing and constructing expensive machinery, if
+others had an equal right to make and sell the same. In pursuance of the
+power here given, congress has enacted laws for the benefit of authors
+and inventors.
+
+§3. The exclusive right of an author to the benefits of the sale of his
+books or writings, is called _copy-right_, and is obtained thus: The
+author sends a printed copy of the title of his book to the clerk of the
+district court of the United States of the district in which the author
+resides. The clerk records the title in a book, for which he receives
+fifty cents, and gives the author, under the seal of the court, a copy
+of the record, for which also he receives fifty cents.
+
+§4. The author must also, within three months after the first
+publication of the work, deliver a copy of the same to the clerk of the
+district court. And he must cause to be printed on the title page or
+page immediately following, of every copy of the book, words showing
+that the law has been complied with. This secures to the author the sole
+right to print and sell his work for twenty-eight years, at the
+expiration of which time, he may have his right continued for fourteen
+years longer, by again complying with the requirements of the law as
+before, provided it be done within six months before the expiration of
+the first term, and a copy of the record published in a newspaper for
+the space of four weeks.
+
+§5. _Patents_ for new inventions are obtained at the patent office at
+the seat of government. This office is connected with the department of
+the interior. (Chap. XLI, §7.) The commissioner of patents superintends
+the granting of patents under the direction of the secretary of the
+interior. To secure an exclusive right to an invention, the inventor
+must deliver to the commissioner of patents, a written description of
+his invention, and specify the improvement which he claims as his own
+discovery; and he must make oath that he believes he is the discoverer
+thereof.
+
+§6. Before the petition of an inventor is considered, he must pay the
+sum of thirty dollars. If the commissioner, upon examination, does not
+find that the invention had been before discovered, he issues a patent
+therefor. Patents are granted for the term of fourteen years, and may be
+renewed for a further term of seven years, if the inventor has not been
+able to obtain a reasonable profit from his invention.
+
+§7. Congress has power "to constitute tribunals inferior to the supreme
+court." As the first section of the third article of the constitution,
+in providing for a national judiciary, authorizes congress to ordain and
+establish such inferior courts, the insertion of the power in this place
+seems to have been unnecessary, (Chap. XLII, §1.)
+
+
+
+
+Chapter XXXVI.
+
+Powers of Congress in relation to Piracy and Offenses against the Law of
+Nations; War; Marque and Reprisal, Public Defense, District of Columbia;
+Implied Powers.
+
+
+
+§1. The next clause grants to congress the power "to define and punish
+piracies and felonies committed on the high seas, and offenses against
+the law of nations." _Piracy_ is commonly defined to be forcible robbery
+or depredation upon the high seas. But the term _felony_ was not exactly
+defined by the laws of England, whence the common law of this country
+was derived; consequently its meaning was not the same in all the
+states. It was sometimes applied to capital offenses only; at other
+times, to all crimes above misdemeanors. For the sake of uniformity, the
+power to define these offenses is given to congress: and as the states
+have no jurisdiction beyond their own limits, it is proper that congress
+should have the power to punish as well as define crimes committed on
+the high seas.
+
+§2. Nor were offenses against the law of nations more clearly defined:
+therefore the power to define these are with equal propriety given to
+congress. As our citizens are regarded by foreign nations as citizens of
+the United States and not as citizens of their respective states; and as
+the general government alone is responsible to foreign nations for
+injuries committed on the high seas by citizens of the United States,
+this power is vested in congress.
+
+§3. Congress is also properly intrusted with the power "to declare war;
+grant letters of marque and reprisal; and make rules concerning captures
+on land and water." It is very evident that a single state ought not to
+be allowed to make war. As the people of all the states become involved
+in the evils of war, the power to declare it is justly given to the
+representatives of the whole nation. In monarchical governments this
+power is exercised by the king, or supreme ruler. But so important a
+power should not be intrusted to a single individual. The framers of
+the constitution have wisely intrusted it to the representatives of
+those who have to bear the burdens of the war.
+
+§4. _Marque_ means passing the frontier or limits of a country;
+_reprisal_, taking in return. _Letters of marque and reprisal_ authorize
+persons injured by citizens or subjects of another nation to seize the
+bodies or goods of any of the citizens of such nation, and detain them
+until satisfaction shall be made. To permit an individual to act as
+judge in his own case in redressing his private wrongs would increase
+the dangers of war.
+
+§5. Nor should a state be permitted to authorize its citizens to make
+reprisals; for, although such authority is designed to enable the
+citizens of one country to obtain redress for injuries committed by
+those of another, without a resort to war, the tendency of reprisals is
+to provoke rather than to prevent war; and as the whole nation becomes
+involved in a war, the power to authorize reprisals properly belongs to
+the general government. Indeed it is not clear that such license ought
+ever to be given. It does not appear strictly just to capture the bodies
+or goods of unoffending persons, especially before war has been declared
+between the two countries. But if the power to grant such license is
+ever to be exercised, it ought to be vested in congress.
+
+§6. As congress has the power to declare war, it ought to have power to
+make rules concerning the property captured in time of war. The general
+practice is to distribute the proceeds of the property among the captors
+as a reward for bravery and a stimulus to exertion. But proof must be
+made in a court of the United States that the property was taken from
+the enemy, before it is condemned by the court as a prize.
+
+§7. The next five clauses provide for the security and defense of the
+nation. The power to declare war would be of little use in the hands of
+congress, without power over the army, navy and militia. This had been
+proved by experience Congress had power under the confederation to
+declare war; but, as we have seen, it could not raise troops, nor compel
+the states to raise them. To guard against similar difficulties in
+future, power to control the public forces was placed where it can be
+promptly and effectively exercised.
+
+§8. The next power of congress is, "to exercise exclusive legislation
+over such district, not exceeding ten miles square, as may, by cession
+of particular states, and the acceptance of congress, become the seat of
+government of the United States." If the seat of the general government
+were within the jurisdiction of a state, congress and other public
+officers would be dependent on the state authority for protection in the
+discharge of their duties. To guard the public business more effectually
+against the danger of interruption, complete and exclusive power at the
+seat of government is given to congress. The old congress had once, near
+the close of the Revolution, been treated with insult and abuse while
+sitting at Philadelphia; and the executive authority of Pennsylvania
+having failed to afford protection, congress adjourned to Princeton in
+the State of New Jersey.
+
+§9. It appears that the cession of this territory to the general
+government had not yet been made; but it was in contemplation by the
+states of Virginia and Maryland to cede it. It is called the _District
+of Columbia_. Its inhabitants are subject to the laws of congress. That
+part of the district which was ceded by Virginia, was in 1846,
+retroceded _by_ congress to that state. To congress is given, with equal
+propriety, exclusive authority over all places purchased "for the
+erection of forts, magazines, arsenals, dock-yards, and other needful
+buildings."
+
+§10. The last power granted in this section, is the power "to make all
+laws which shall be necessary and proper for carrying into execution the
+foregoing powers, and all other powers vested by this constitution in
+the government of the United States, or in any department or officer
+thereof." As it was impossible to enumerate in the constitution every
+particular act which congress might find it necessary to perform,
+certain powers were expressly granted; and to these powers was added
+this general grant of power to pass laws for carrying them into effect.
+
+§11. It is the opinion of eminent statesmen that this clause confers no
+additional power. They hold that the power therein granted is
+necessarily _implied_ or included in the foregoing powers. For example:
+The power "to regulate commerce" includes the power to cause the
+construction of break-waters and light-houses, the removal of
+obstructions from navigable rivers, and the improvement of harbors; for
+in regulating and facilitating commerce, these works and improvements
+are absolutely necessary. So the power "to establish post-offices"
+implies the power to punish persons for robbing the mail. The doctrine
+is, "that wherever a general power to do a thing is given, every
+particular power for doing it is included." Hence it is inferred that
+congress would have had the power to pass the laws here authorized,
+though no express power for that purpose had been given.
+
+§12. Besides the long list of powers contained in the eighth section of
+the first article of the constitution, and considered in preceding
+chapters, there are sundry other powers of congress in subsequent
+articles, which will be noticed in their order.
+
+
+
+
+Chapter XXXVII.
+
+Prohibitions on Congress.
+
+
+
+§1. While the constitution confers on congress all the powers deemed
+necessary to be exercised for the general welfare, it imposes on
+congress certain restrictions, the most of which are contained in the
+next section. (Art. I, sec. 9.) The first prohibition is in these words:
+"The migration or importation of such persons as any of the states, now
+existing, shall think proper to admit, shall not be prohibited by the
+congress prior to the year one thousand eight hundred and eight; but a
+tax or duty may be imposed on such importation, not exceeding ten
+dollars for each person."
+
+§2. It is generally known that, from an early period, slaves had been
+imported into the colonies from Africa. At the time when the
+constitution was formed, laws prohibiting the foreign slave trade had
+been passed in all the states except North Carolina, South Carolina, and
+Georgia. The delegates from these states in the convention insisted on
+having the privilege of importing slaves secured, by withholding from
+congress the power to prohibit the importation. A majority of the
+convention were in favor of leaving congress free to prohibit the trade
+at any time. But as it was doubtful whether these states would in such
+case accede to the constitution; and as it was desirable to bring as
+many states as possible into the union; it was at length agreed that the
+trade should be left open, and free to all the states choosing to
+continue it, until 1808, (twenty years;) congress being allowed,
+however, to lay a duty or tax of ten dollars on every slave imported.
+
+§3. It has ever been a cause of wonder and regret to many, that the
+traffic in human beings should have been permitted by the constitution,
+even for the most limited period. It is, however, a gratifying fact,
+that congress exercised its power for terminating the foreign slave
+trade, at the earliest possible period. A law was passed in 1807, to go
+into effect in January, 1808, making it unlawful, under severe
+penalties, to import slaves into the United States; and in 1820, the
+African slave trade was by law declared _piracy_, and made punishable by
+death.
+
+§4. The next clause is, "The privilege of the writ of _habeas corpus_
+shall not be suspended, unless when, in cases of rebellion or invasion,
+the public safety may require it." _Habeas corpus_, (Latin,) signifies,
+_have the body_. A person deprived of his liberty, may, before the final
+judgment of a court is pronounced against him, petition a court or
+judge, who issues a writ commanding the party imprisoning or detaining
+him, to produce his body and the cause of his detention before the judge
+or court. If the imprisonment or detention is found to be illegal, or
+without sufficient cause, the prisoner is set at liberty.
+
+§5. The next clause declares, "No bill of attainder or _ex post facto_
+law shall be passed." A _bill of attainder_ is an act of the legislature
+by which the punishment of death is inflicted upon a person for some
+crime, without any trial. If it inflicts a milder punishment, it is
+usually called a bill of pains and penalties. Such laws are inconsistent
+with the principles of republican government, and are therefore properly
+prohibited.
+
+§6. An _ex post facto_ law is literally a law made after an act is done,
+or which has effect upon an act after it is done. But it here means a
+law that makes punishable as a _crime_, an act which was not criminal
+when done. A law is also an _ex post facto_ law that increases the
+punishment of a crime after it has been committed. If, for example, a
+law should be passed by which a person, having previously killed another
+in lawfully defending his own life, should be made to suffer death, it
+would be an _ex post facto_ law, because killing in self-defense, before
+the passage of the law, was not punishable as a crime. Such also would
+be a law that should require all persons now charged with stealing, to
+be imprisoned for life, if found guilty; because the crime, when
+committed, was punishable by a shorter imprisonment.
+
+§7. The next prohibition is, "No capitation or other direct tax shall be
+laid, unless in proportion to the census or enumeration herein before
+directed to be taken." The words _capitation_ and _capital_ are from the
+Latin _caput_, the head, or poll. Hence a _capitation-tax_ or a
+_poll-tax_, is a tax upon each head or person. (Chap. VII. §4.) The
+above clause means, that poll-taxes, if laid, must be laid in conformity
+to article 1st, section 2d, clause 3d, of the constitution, which
+requires three-fifths of the slaves to be counted in apportioning taxes
+among the states according to population.
+
+§8. The next prohibition is, "No tax or duty shall be laid on articles
+exported from any state." Probably no law for taxing exports could be
+devised which would operate equally upon the interests of the different
+states. Or some states the principal product is cotton, rice, or
+tobacco; of others, grain; and of others, manufactures; and some of
+these products might not bear the same rates of duties as others. But
+though it were possible to devise a plan which would be equal in its
+operation, a majority of the representatives might be opposed to it. The
+representatives of the grain producing, and those of the planting
+states, might combine in imposing excessive taxes upon the productions
+of the manufacturing states. Or the manufacturing and the grain
+producing states might, with the same intent, combine against the
+planting states.
+
+§9. As it was the purpose of the framers of the constitution to make
+taxation, as nearly as possible, equal in the different states, by
+uniform duties; and as every necessary object of indirect taxation may
+be attained by duties on imports; duties on exports are properly
+prohibited. And to secure to all the states freedom and equality in
+trade, it is expressly provided in the same clause, that "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."
+
+§10. The next clause provides that "no money shall be drawn from the
+treasury, but in consequence of appropriations made by law." This places
+the public money beyond the reach or control of the executive or any
+other officer, and secures it in the hands of the representatives of the
+people. In pursuance of this provision, congress, at every session,
+passes laws specifying the objects for which money is to be
+appropriated. The latter part of the clause requires, that "a regular
+statement and account of the receipts and expenditures of all public
+money shall be published from time to time." And it is by law made the
+duty of the secretary of the treasury to make to congress annually such
+statement, which is published by order of congress; so that the people
+may know for what purposes the public money is expended.
+
+§11. It is next declared, that "no title of nobility shall be granted by
+the United States." Although the bare titles of lord, duke, &c., which
+are conferred upon citizens in monarchical governments, could not add to
+the political power of any person under our constitution; yet, as it is
+desirable that there should be equality of rank as well as of political
+rights, it is proper that congress should be prohibited from creating
+titles of nobility. And to guard public officers against being corrupted
+by foreign influence, they are forbidden to "accept of any present,
+emolument, office, or title of any kind whatever, from any king, prince,
+or foreign state."
+
+
+
+
+Chapter XXXVIII.
+
+Prohibitions on the States.
+
+
+
+§1. The next section contains restrictions on the powers of the states.
+"No state shall enter into any treaty, alliance, or confederation." [For
+the definition of _treaty_ and the manner in which a treaty is made, see
+Chapter XL: §3-5.] An _alliance_ is a union between two or more nations,
+by a treaty, or contract, for their mutual benefit. _Confederation_ and
+_alliance_, have nearly the same meaning. If the states, separately,
+were allowed to make treaties or form alliances with foreign powers, the
+rights and interests of one state might be injured by the treaties made
+by another state. As the states united constitute but one nation, it is
+obvious that the power to treat with other nations properly belongs to
+the general government. If the states also had the power, they might
+counteract the policy of the national government.
+
+§2. Nor may a state "grant letters of marque and reprisal." If, as has
+been shown, this power is properly given to congress, it could not be
+safely intrusted to the states. (Chap. XXXVI, §5.)
+
+§3. The power to "coin money" is also prohibited to the states. It was
+given to the general government to secure a uniform currency. (Chap.
+XXXIV, §7.) But this object would not be likely to be attained, if the
+power to coin money were exercised by the states.
+
+§4. A state may not "emit bills of credit." _Bills of credit_, to a vast
+amount, were issued by the states during the war, and for some time
+thereafter. They were in the nature of promissory notes, issued by the
+authority of the state, and on the credit of the state, and put in
+circulation by the continental congress and the states as money. This
+paper money, having no funds set apart to redeem it, became almost
+worthless. Bank bills issued upon the credit of private individuals, do
+not come under the prohibition. It is also held that the prohibition
+does not apply to the notes or bills of a _state_ bank, drawn on the
+credit of a particular fund set apart for that purpose.
+
+§5. No state shall "make any thing but gold and silver coin a tender in
+payment of debts." _Tender_ signifies an offer, or to offer. In law, it
+is an offer of something in payment of a debt, or the thing itself which
+is offered in payment. Some of the states had declared their
+irredeemable paper money a lawful tender. But paper money and property
+of all kinds are continually liable to fluctuation in value, and might
+subject those who should be compelled to receive it to great
+inconvenience and loss. But although no person is obliged to take in
+payment any thing but coin, bank bills are by common consent taken in
+the course of business and in payment of debts, because they may be
+converted into specie by presenting them at the bank by which they are
+issued.
+
+§6. Nor may a state "pass any bill of attainder, ex post facto law, or
+law impairing the obligation of contracts." Bills of attainder and ex
+post laws have been defined and considered. (Chap. XXXVII, §5.) If these
+laws are in their nature wrong, the states as well as congress should be
+prohibited from passing them. Not less unjust are laws impairing the
+obligation of contracts. Laws that should weaken the force of contracts,
+or that would release men from their obligations, would be contrary to
+the principles of justice, and destroy all security to the rights of
+property.
+
+§7. As bankrupt laws release debtors from the payment of their debts,
+and consequently impair the obligation of contracts, the question has
+arisen whether the states have power to pass insolvent or bankrupt laws.
+From decisions of the supreme court of the United States, which is the
+highest judicial authority, it appears, that a state may not pass a
+bankrupt law discharging a debtor from the obligation of a contract made
+before such law was passed. But it was not to be considered a law
+impairing the obligation of a contract, if it existed before the
+contract was made; because the parties, who are presumed to know that
+such law exists, may guard themselves against loss.
+
+§8. The last thing prohibited in this clause, is, "to grant any title of
+nobility." This is forbidden to the states for the same reason as it is
+prohibited to congress. (Chap. XXXVII, §11.)
+
+§9. The first prohibition to the states in the next clause is to "lay
+any imposts or duties on imports or exports, except what may be
+absolutely necessary for executing their inspection laws." The
+objections to the power of the states to lay duties have been
+considered. They are founded upon the same reasons as have been given
+for intrusting congress with this power; one of which is to secure
+uniformity throughout the United States. (Chap. XXXII, §6.) And as
+congress is properly prohibited from laying duties on exports, (Chap.
+XXXVI, §8, 9,) there can be no good reason for allowing it to be done
+by the states.
+
+§10. The exception allowing a state to lay duties necessary to execute
+its inspection laws was deemed proper. Laws are passed by the states for
+the inspection or examination of flour and meat in barrels, leather, and
+sundry other commodities in commercial cities, to ascertain their
+quality and quantity, and to be marked accordingly. By this means the
+states are enabled to improve the quality of articles produced by the
+labor of the country, and the articles are better fitted for sale, as
+the purchaser is thereby guarded against deception. A small tax is laid
+upon the goods inspected, to pay for their inspection. But, lest the
+states should carry this power so far as to injure other states, these
+"laws are to be subject to the revision and control of congress."
+
+§11. The last restrictions upon the power of the states contained in
+this section, are: "No state shall, without the consent of congress, lay
+any duty of tunnage; keep troops or ships of war in time of peace; enter
+into any agreement or compact with any other state, or with a foreign
+power; or engage in war, unless actually invaded, or in such imminent
+danger as will not admit of delay." Some of the prohibitions here
+enumerated have been noticed in this and preceding chapters; and the
+reasons of the others are so obvious as to render any remarks upon them
+unnecessary.
+
+
+
+
+Chapter XXXIX.
+
+Executive Department. President and Vice-President; their Election,
+Qualifications, &c.
+
+
+
+§1. The second article of the constitution relates to the executive
+department. Of the necessity of a separate and distinct power to execute
+the laws, we have already spoken. (Chap. VIII, §7.) Under the
+confederation, as will be recollected, there was no national executive.
+This defect has been supplied by the constitution. "The executive power
+shall be vested in a president of the United States of America. He shall
+hold his office during the term of four years, and, together with the
+vice-president, chosen for the same term, be elected as follows." (Art.
+2, §1.)
+
+§2. In regard to the organization and powers of the executive
+department, there was a great diversity of opinion. Ought the chief
+executive power to be vested in one person, or a number of persons? Laws
+should be executed with promptness and energy. This is more likely to be
+done by one man than by a number. If several were associated in the
+exercise of this power, disagreement and discord would be likely to
+happen, and to cause frequent and injurious delays. Unity being deemed
+favorable to energetic and prompt action, the chief executive power of
+the nation was given to a single person.
+
+§3. Secondly, as to the duration of the office. Much of what has been
+said in relation to the term of office of senators, will apply to that
+of president. (Chap. XXX, §4-6.) His term of office should not be so
+short as to induce him to act more with a view to his re-election than
+to the public good; yet it should be short enough to make him feel his
+responsibility. And it should be long enough to insure a due degree of
+independence, and to enable him to carry out his system of public
+policy. The term of four years was accordingly adopted.
+
+§4. Thirdly, the mode of election. Among the various modes proposed, the
+one adopted was that of electing the president by electors chosen in the
+several states for that purpose; the number of the electors chosen in
+each state to be equal to the number of its senators and representatives
+in congress. A material alteration in the mode of election has been made
+since the adoption of the constitution, as will be seen by examining the
+two modes. (Art. 2, §1; and Art. 12 of Amendments.) This amendment does
+not change the manner of choosing the electors, but the manner of
+choosing the president by the electors.
+
+§5. The constitution does not prescribe the manner in which the
+electors shall be appointed or chosen; it only declares that each state
+shall appoint them "in such manner as the legislature thereof shall
+direct." No uniform mode was adopted by the different states. In some
+states the electors were appointed by the legislature; in others, by the
+people. At present the latter mode prevails in all the states except
+South Carolina, where presidential electors are still chosen by the
+legislature.
+
+§6. The electors are, by the laws of the several states, chosen by
+_general ticket_. The names of two men, corresponding to the number of
+senators to which a state is entitled in congress, together with the
+names of as many others as there are representatives of the state in the
+lower house of congress, one to reside in each congressional district,
+are all placed on the same ballot; so that every voter votes for the
+whole number of presidential electors to be chosen in the state. And, by
+a law of congress, the electors are required to be chosen in all the
+states on the same day, which is the Tuesday next after the first Monday
+of November.
+
+§7. The electors so chosen are required by a law of congress, to meet in
+their respective states on the first Wednesday of December, and vote for
+president and vice-president; and to make and sign three certificates of
+all the votes given by them, and seal up the same. One of these is to be
+sent by a person duly appointed by them, to the president of the senate
+at the seat of government, before the first of January next ensuing;
+another is to be forwarded by mail, also directed to the president of
+the senate; and the third is to be delivered to the United States judge
+of the district in which the electors are assembled.
+
+§8. On the second Wednesday of February, the president of the senate, in
+presence of all the senators and representatives, opens the certificates
+from all the states, and the votes are counted. The person having a
+majority of all the electoral votes for president is elected. If no
+person has a majority of all the electoral votes, the house of
+representatives must choose the president from those candidates, not
+exceeding three, who had the highest numbers of the electoral votes. But
+in so doing, the members do not all vote together; but those of each
+state vote by themselves; and the candidate who receives the votes of a
+majority of the representatives of a state, has but one presidential
+vote for such majority; and the person who receives the votes of a
+majority of the states, is elected. Thus in the election of president by
+the house of representatives, voting is done _by states_, as was done in
+passing laws by the old congress. (Chap. XXVIII, §5.)
+
+§9. There have been two elections by the house of representatives. The
+second was 1825. The votes of the electoral colleges (assemblies) had in
+December, 1824, been divided upon four candidates. Andrew Jackson had
+received 99 electoral votes; John Quincy Adams, 84; William H. Crawford,
+41; and Henry Clay, 37. Neither having received a majority of all the
+electoral votes, the election devolved upon the house of
+representatives. Of the three candidates who had received the highest
+numbers of the electoral votes, Mr. Adams received in the house of
+representatives the votes of thirteen states; Gen. Jackson, the votes of
+seven states; and Mr. Crawford, the votes of four states. Mr. Adams
+having received the votes of a majority of all the states, he was
+elected.
+
+§10. By the 12th article of amendments, if there is no election of
+vice-president by a majority of the electors, then, from the two highest
+numbers on the list, the senate shall choose the vice-president.
+Two-thirds of the whole number of senators shall constitute a quorum for
+such election; and a majority of the whole number shall be necessary to
+a choice.
+
+§11. To be eligible to the office of president or vice-president, a
+person must be a natural born citizen of the United States, thirty-five
+years of age, and must have been fourteen years a resident within the
+United States. The reasons for requiring long terms of citizenship and
+residence, and mature age and experience, in the case of senators, apply
+with equal force in the case of president.
+
+§12. In case of a vacancy in the office of president, the vice-president
+becomes the president. The power of making further provision for
+supplying vacancies is, by the constitution, given to congress. (Art. 2,
+§1.) Congress has accordingly enacted, that, when there is neither
+president nor vice-president, the president _pro tempore_ shall act as
+president; and if there should be none, the speaker of the house of
+representatives would assume the duties of the office.
+
+§13. The same section declares that the salary of the president shall
+neither be increased nor diminished during the time for which he shall
+have been elected. It would be improper to allow congress to reduce his
+salary at pleasure. This would make the executive dependent upon the
+legislature for his support. On the other hand, if his compensation
+could be increased during his official term, he might be tempted to use
+undue influence to procure a needless increase of his salary.
+
+§14. The presidential term commences the 4th of March next after the
+election, and ends the 3d day of March four years thereafter. Each
+successive congress also commences and ends its term every two years, on
+the same days of that month; and it is called a new congress, although
+only one-third of the senators go out of office when a congress is said
+to expire, and are succeeded by new ones when the next congress is said
+to commence its official term.
+
+
+
+
+Chapter XL.
+
+Powers and Duties of the President; Treaties; Public Ministers;
+Appointments and Removals.
+
+
+
+§1. The powers and duties of the president are next given. "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." (Art. 2, §2.) Some of the reasons
+for giving to the executive the command of the public forces, have been
+given. (Chap. XXV, §2, 5.) It has also been observed, that a prompt and
+effectual execution of the laws is best secured by intrusting this power
+to a single individual. (Chap. XXXVIII, §2.) The constitution, (Art. I,
+§8, clauses 12-16,) give congress power over the army, navy, and
+militia, and "to provide for calling forth the militia to execute the
+laws of the union, suppress insurrections, and repel invasions." As this
+power is to be exercised upon sudden emergencies, congress has by law
+authorized the president to call out the militia for these purposes. And
+as the direction of the public forces is a power of an executive nature,
+it is intrusted to the executive.
+
+§2. The president has also "power to grant reprieves and pardons for
+offenses against the United States, except in cases of impeachment." The
+same power is exercised by the governors of the several states. (Chap.
+XII, §4.) Through partial or false testimony, or the mistakes of judges
+or juries, an innocent person may be convicted of crime; or facts may
+subsequently come to light showing the offense to be one of less
+aggravation than appeared on the trial. There should therefore be
+somewhere a power to remit the punishment, or to mitigate the sentence,
+or postpone its execution, as the case may seem to require; and by no
+other person or persons, it is presumed, would this power be more
+judiciously exercised than by the executive.
+
+§3. The president has "power, by and with the advice and consent of the
+senate, to make treaties, to appoint embassadors, other public ministers
+and consuls, judges of the supreme court," and other officers, "provided
+two-thirds of the senators concur." A _treaty_ is an agreement or
+contract between two or more nations, for regulating trade, or for
+restoring or preserving peace. This power ought therefore to be in the
+national government. In monarchical governments it belongs to the king.
+To confide so important a trust to the president alone, would be
+imprudent. To associate the house of representatives with the president
+and senate, as in making laws, would render it impossible to act with
+the decision, secrecy, and dispatch, which are sometimes necessary in
+making treaties.
+
+§4. As the treaty-making power appears to be in its nature neither
+wholly executive nor wholly legislative, but to partake of the nature of
+both, a _part_ of the legislature is properly associated with the
+president. As the senate, being less numerous than the house, is capable
+of acting more promptly as well as more easily convened and at less
+expense, that body is more properly united with the executive in the
+exercise of this power. And it is equally proper that the power to
+appoint embassadors and others by whom treaties are negotiated, should
+be placed in the same hands.
+
+§5. Treaties are negotiated; that is, the provisions or terms are
+arranged and agreed upon, by the agents of the two governments; and a
+copy of the articles of agreement is sent to each government to be
+approved and confirmed, or, as it is usually expressed, to be
+_ratified_. Both governments must ratify, or the treaty fails. Treaties
+are ratified, on the part of our government, by the president and
+senate. This is what is meant by their making treaties. The persons by
+whom treaties are negotiated are sometimes appointed by their
+governments for that special purpose; but the business is perhaps more
+frequently done by the permanent representatives or ministers of the
+respective governments.
+
+§6. Each of the principal civilized nations has some officer at home
+who acts as agent in negotiating treaties and transacting business with
+foreign governments, and has also a representative at the seat of each
+foreign government for this purpose, and for keeping his government,
+apprised of what is done abroad. Our government has a minister in Great
+Britain, one in Russia, one in France, one in Spain, and one in each of
+the other principal commercial nations; and each of these nations has a
+minister residing at the city of Washington, the seat of government of
+the United States. The officer of our government who corresponds with
+foreign ministers here, and with our ministers abroad, is the secretary
+of state. The negotiation of treaties at home with the ministers of
+foreign governments residing here, is done by him.
+
+§7. Representatives at foreign courts have different names or titles:
+embassadors, envoys, ministers, and chargès des affaires. An embassador
+who is intrusted with the ordinary business of a minister at a foreign
+court, is called an _embassador in ordinary_. An _embassador
+extraordinary_ is a person sent on a particular occasion, who returns as
+soon as the business on which he was sent is done. He is sometimes
+called _envoy_; and when he has power to act as he may deem expedient,
+he is called _envoy plenipotentiary_; the latter word signifying full
+power. An ordinary embassador or minister resides abroad, and acts in
+obedience to instructions sent him from time to time.
+
+§8. Agents or representatives sent by our government to reside at
+foreign courts, are called _ministers_. Formerly those sent to the less
+important countries, were called _chargès des affaires_, who are
+ministers of a lower grade. The name, usually written chargès
+d'affaires, is French, and is pronounced _shar-zha-daf-fair_, accented
+on the first and last syllables. It means a person having charge of the
+affairs of his nation. It is not at present applied to any of our
+representatives abroad, all being called by the common name of minister.
+
+§9. _Consuls_ are agents of inferior grade. They reside in foreign
+seaports. Their business is to aid their respective governments in their
+commercial transactions with the countries in which they reside, and to
+protect the rights, commerce, merchants, and seamen of their own nation.
+Hence much of their business is with masters of vessels, and with
+merchants. They also dispose of the personal estate of citizens of their
+own nation who die within their consulates, leaving no representative or
+partner in trade to take care of their effects.
+
+§10. The appointment of judges of the supreme court by the president and
+senate, seems to be proper. Their election by the people, most of whom
+could have little or no knowledge of the persons who should be chosen,
+would be injudicious. Besides, the mass of the voters are not so
+competent to judge of the qualifications necessary for so important a
+judicial office, as those to whom the constitution has given the power
+of appointment.
+
+§11. The power of appointing the head officers of the several executive
+departments, is with equal propriety given to the president and senate.
+As the president is in a measure responsible for the acts of his
+subordinates who conduct the business of these departments, and as,
+without their coöperation, he could scarcely carry out his own measures,
+it is proper that he should have the right of selecting them; and by
+being required to submit his choice to the body of senators for their
+approval, a sufficient safeguard is provided against the appointment of
+unworthy or incompetent men.
+
+§12. "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 the next session." (Art. 2, sec. 2, clause
+3.) Without such a power somewhere, the public interests would often
+suffer serious injury before the senate should again be in session to
+act upon a nomination by the president. As it is his duty to see that
+the business of the executive offices is faithfully done, he seems to
+be the proper person to make such temporary appointment.
+
+§13. The powers and duties of the president enumerated in the next
+section of the constitution, are all necessary to insure a successful
+administration of the government; and they are so clearly of an
+executive nature, that they could not with any degree of propriety have
+been devolved upon any other officer or department of the government.
+
+§14. The last section of this article of the constitution enumerates the
+persons liable to be removed from office by impeachment, and the
+offenses for which they are thus removable. As in the state governments,
+so in the general government, impeachments are made by the house of
+representatives, and tried by the senate. (Chap. XX, §6-8; Cons. U.S.,
+art. I, §2, 3.)
+
+
+
+
+Chapter XLI.
+
+Auxiliary Executive Departments. Departments of State, of the Treasury,
+of the Interior, of War, of the Navy, of the Post-Office;
+Attorney-General.
+
+
+
+§1. The great amount and variety of the executive business of the
+nation, requires the division of this department into several
+subordinate departments, and the distribution among them of the
+different kinds of public business. At the head of each of these
+departments is a chief officer. These chief officers, sometimes called
+_heads of departments_, with the attorney general, being private
+advisors or counselors of the president, are called the _cabinet_. They
+are appointed by the president and senate.
+
+§2. By the first congress under the constitution, were established the
+state, treasury, and war departments, whose head officers, called
+secretaries, and the attorney-general, constituted the first cabinet.
+In 1798, the navy department was established. During president Jackson's
+term of office, the postmaster-general was made a cabinet officer. And
+the establishment, in 1849, of the department of the interior, added to
+the cabinet the seventh member.
+
+§3. The _secretary of state_ performs such duties as are committed to
+him by the president relating to foreign intercourse. Some of these
+duties have been mentioned. (Chap. XXXIX, §6.) He conducts all our
+diplomatic correspondence, being the official organ of communication
+with the ministers of foreign governments sent to this country, and with
+our ministers abroad. _Diplomacy_ signifies the rules and customs which
+govern the intercourse of nations through their ministers or agents;
+also the management of the business of a nation by its minister at a
+foreign court. And such minister, especially if he manages with ability
+and skill, is called a _diplomatist_.
+
+§4. The secretary of state keeps the seal of the United States; and he
+makes out, records, and seals all civil commissions to officers
+appointed by the president and senate, or by the president. His duties
+in relation to the publishing and distributing the laws, and certain
+other matters, are similar to the duties of a secretary of state of a
+state government.
+
+§5. The _secretary of the treasury_ has charge of the finances of the
+nation. He superintends the collection of the revenue, and performs
+certain other duties of the nature of the controller or auditor of a
+state. (Chap. XIII, §3.) He lays before congress annually a report of
+the finances, containing a statement of the public revenue and
+expenditure during the past year, the value of the imports and exports,
+and estimates of the revenue and expenditures for succeeding years, and
+plans for improving the revenues. He also makes annually a statement of
+appropriations of money, and of sums remaining, in the treasury.
+
+§6. The vast amount of business in this department requires a great
+number of assistants; among whom are several controllers and auditors of
+accounts; a treasurer, a register, who keeps the accounts of goods
+imported and exported, and of the shipping employed in our foreign
+trade; a solicitor; a recorder; and numerous clerks.
+
+§7. The _secretary of the interior_ superintends the business relating
+to the public lands, public buildings, the lead mines and other mines of
+the United States, Indian affairs, patents, and pensions. A _pension_ is
+a yearly allowance to a person by the government for past services. In
+this country pensions are granted for services in war. They were at
+first allowed only to such as had been disabled in the war of the
+revolution and in the war of 1812; and subsequently to all who had
+served at least six months in the revolutionary war, and to their widows
+during their lives. Those disabled in the late war with Mexico have also
+been added to the pension list. And by recent acts of congress, bounties
+of lands were to be allowed to all the surviving soldiers of the war of
+1812, who had served one month therein.
+
+§8. The _secretary of war_ performs duties relating to military
+commissions, or to the land forces and warlike stores of the United
+States. The standing army of the nation consists at present of about
+15,000 men, who are distributed among the several military stations,
+armed and ready for service. He reports annually a statement of the
+expenditure and application of moneys drawn from the treasury for his
+department, and makes such suggestions relative to its condition as he
+thinks proper. He is assisted by subordinate officers and clerks.
+
+§9. The _secretary of the navy_ executes the orders of the president for
+procuring naval stores and materials, and for equipping and employing
+vessels of war, and performs such other duties pertaining to the naval
+establishment as are required of him. Three officers are appointed by
+the president and senate, who constitute a board of _commissioners for
+the navy_, and discharge the ministerial duties of the office of the
+secretary, and furnish estimates of the expenditures of the department.
+
+§10. The _postmaster-general_ establishes post-offices, appoints
+postmasters and other persons employed in the general post-office, and
+provides for carrying the mails. He is assisted by three assistant
+post-masters-general, an auditor of the post-office treasury, to audit
+and settle the accounts of the department, and to superintend the
+collection of the debts due the department. The business of this
+department requires a large number of clerks. He reports annually all
+contracts made for the transportation of the mail, and a statement of
+the receipts and expenditures of the department.
+
+§11. Postmasters keep an account of all letters sent from and received
+at their respective offices, stating the names of the offices from which
+letters are received, and of those to which letters are sent, and
+whether they are post paid or sent free. Postmasters, at stated periods,
+(in most places quarterly,) advertise all letters remaining in their
+offices; and they send quarterly to the general post-office accounts of
+letters sent and received, and of moneys received for postage, and of
+those paid out on orders of the department. Letters also which have lain
+in their offices during the time for which they were required to be
+advertised, are sent as _dead_ letters to the general post-office, where
+they are opened; and such as contain money or other valuable matter are
+returned by mail to the writers.
+
+§12. Postmasters are allowed for their services a commission on the
+amount of postage received by them quarterly. Those at whose offices the
+sums received are small, are allowed a greater per centage than those
+where the receipts are large. Thus, the commission at present (1859) is,
+on the first $100 received, sixty per cent.; on the next $300, fifty per
+cent.; on the next $2,000, forty per cent.; on all over 2,400, fifteen
+per cent. Stamped letters are considered as paid in cash. On newspaper
+postages, fifty per cent, on all sums, large or small. If a postmaster's
+commission exceeds $2,000 a year, besides the expenses of the office,
+the excess is paid to the general post office. Postmasters may also
+receive for pigeon-holes or boxes, not exceeding $2,000, the excess, if
+any, to be paid to the general post-office. Postmasters whose
+compensation amounts to $1,000 or more in a year, are appointed by the
+president and senate.
+
+§13. Postmasters whose commission on postages has been less than $200
+during the preceding year, may receive and send, free of postage,
+letters on their own private business, weighing not more than half an
+ounce. And members of congress, during their term of office, and until
+the first of December after its expiration, may send and receive letters
+and packages weighing not more than two ounces, and all public documents
+free. A person to be entitled to send matter free, must write on the
+outside his name and the title of his office. This is called _franking_.
+Civil officers at the seat of government also may frank matter relating
+to the business of their offices, by marking it outside, "official
+business."
+
+§14. The _attorney-general_ attends to all suits in the supreme court of
+the United States in which the United States is a party or is concerned,
+and gives his opinions on questions of law when requested by the
+president or heads of departments.
+
+
+
+
+Chapter XLII.
+
+Judicial Department.
+
+
+
+§1. We come now to the third article of the constitution. The first two
+sections provide for the organization, and prescribe the powers, of the
+courts of the United States. The want of a national judiciary was a
+material defect of the confederation. Dependence upon the state courts
+to enforce the laws of the union, subjected the government to great
+inconvenience and embarrassment. A government that has a legislature
+and an executive, should also have a judiciary to judge of and interpret
+the laws. The constitution declares that "the judicial power of the
+United States shall be vested in one supreme court, and in such inferior
+courts as the congress may ordain and establish." Under the authority
+here given, congress passed the judiciary act of 1789, by which the
+several courts of the United States were established.
+
+§2. The same section declares, "The judges of both the supreme and
+inferior courts shall hold their offices during good behavior." In no
+other department of the general government are offices held for so long
+a term, which is virtually for life, unless removed on impeachment, or
+for inability. To insure a correct and impartial administration of
+justice, the judges should be independent. If they could be displaced at
+the pleasure of the appointing power, or by frequent elections, they
+might be tempted to conform their opinions and decisions to the wishes
+of those on whom they were dependent for continuance in office. The
+object of the framers was to remove them as far as possible from party
+influence.
+
+§3. It is further provided, with a view to the independence of the
+judges, that their "compensation shall not be diminished during their
+continuance in office." Salaries are fixed by congress. To give congress
+power over the purse of an officer, is to give it power over his will.
+Dependence upon the legislature would be as great an evil as dependence
+upon the appointing power. Besides, men generally selected for high
+judicial offices are eminent lawyers, pursuing a lucrative professional
+business; and, without a liberal salary, men of the greatest ability
+would not accept these offices; or if in office, an essential reduction
+of their compensation might induce them to resign their offices.
+
+§4. The next section enumerates the cases to be tried in these courts.
+It is evident from their nature that state courts are not the proper
+tribunals to try them. Also all violations of the laws of the United
+States are tried in the national courts. Thus, the counterfeiting of
+United States coin, murder and other crimes committed on the sea, beyond
+the jurisdiction of a state, smuggling goods, that is, secretly
+importing dutiable goods without paying the duties, infringements of
+patent rights, &c., are prosecuted in courts of the United States.
+
+§5. The third clause of this section declares, that "the trial of all
+crimes, except in cases of impeachment, shall be by jury; and such trial
+shall be held in the same state where the said crimes shall have been
+committed." This is intended to secure the trial of the accused among
+his friends and acquaintances, and near the residence of his witnesses,
+whose attendance in a distant state could not be had without great
+inconvenience and expense, which might deprive him of the benefit of an
+important witness.
+
+§6. There are three kinds of national courts: the supreme court, circuit
+courts, and district courts. Every state constitutes at least one
+district. The larger states are divided into two or more districts. In
+each district is a _district judge_, who holds a court four times a
+year. There are also in each district, a _district attorney_, to conduct
+suits on the part of the United States, and a _marshal_, whose business
+is similar to that of a sheriff. This court tries the more common civil
+cases, arising under the laws of the United States, and the lower crimes
+against the laws of the United States, committed on land and sea. This
+court has in some cases a jury.
+
+§7. There are nine _circuits_, each embracing several states. In each
+circuit is a justice or a judge, who holds a court in his circuit twice
+a year. The district judge of the district in which a circuit court is
+held, sits with the circuit judge in holding a circuit court. This court
+tries causes between citizens of different states, between aliens and
+citizens, and those in which the United States are a party. It also
+tries some cases in appeal from the district courts. It tries matters
+relating to affairs on the high seas, and all felonies punishable with
+death. It has a grand and a petit jury.
+
+§8. The _supreme court_ is composed of the nine judges of the circuit
+courts, one of whom is chief-justice, the others are called associate
+justices. It holds one session annually at the seat of government,
+commencing in January or February, and continuing about two months. It
+will be seen from this section of the constitution, that this court has
+_original_ jurisdiction in but few cases. Its principal business is to
+rejudge cases brought up from the circuit courts.
+
+§9. An important object of a supreme court of the United States, is to
+secure a correct and uniform interpretation of the constitution and laws
+of the United States. State laws and decisions of state courts, are
+sometimes made which are supposed to be repugnant to the constitution
+and laws of the United States. What may be pronounced constitutional in
+one state, may be declared unconstitutional in another. Therefore it is
+provided that when an act or judgment in a case tried in the highest or
+last court in a state is deemed inconsistent with the constitution or
+laws of the United States, such case may be removed to the supreme court
+of the United States, whose decision governs the judgment of all
+inferior courts throughout the union.
+
+
+
+
+Chapter XLIII.
+
+Treason, defined; its Punishment.
+
+
+
+§1. The constitution defines treason, as follows: "Treason against the
+United States shall consist only in levying war against them, or in
+adhering to their enemies, giving them aid and comfort." Art. 3, sec. 3.
+A proneness to construe less aggravated crimes into acts of treason,
+made it proper that the constitution should define the crime. The term
+_levying war_ has the sense here which it was understood to have in the
+English statute, from which it was adopted. An assemblage of men for a
+treasonable purpose, such as war against the government, or a revolution
+of any of its territories, and in a condition to make such war,
+constitutes a levying of war.
+
+§2. War can be levied only by the employment of force; troops must be
+embodied; men must be openly raised; but there may be treason without
+arms, or without the application of force to the object. When war is
+levied, all who perform a part, however remote from the scene of action,
+being leagued in the conspiracy, commit treason. But a mere conspiracy
+to levy war is not treason. A secret, unarmed meeting of conspirators,
+not in force, nor in warlike form, though met for a treasonable purpose,
+is not treason; but these offenses are high misdemeanors.
+
+§3. The constitution also prescribes the proof necessary for the
+conviction of treason. "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." No evidence less than this should be
+considered sufficient to convict a person of a crime for which he is to
+suffer death.
+
+§4. "Congress shall have power to declare the punishment of treason."
+Art. 3, sec. 3. By the common law, the punishment of treason was of a
+savage and disgraceful nature. The offender was drawn to the gallows on
+a hurdle; hanged by the neck and cut down alive; his entrails taken out
+and burned while he was yet alive; his head cut off; and his body
+quartered. Congress, in pursuance of the power here granted, has very
+properly abolished this barbarous practice, and confined the punishment
+to simple death by hanging.
+
+§5. But the same clause provides, that "no attainder of treason shall
+work corruption of blood, or forfeiture, except during the life of the
+person attainted." _Attainder_ literally signifies a staining, or
+rendering impure; but it here means a conviction and judgment in court
+against the offender. By the common law, the sentence of death for
+treason was made to affect the _blood_ of the traitor; so that he could
+neither inherit property nor transmit it to heirs; but his estate was
+forfeited. This practice, so unjust to the innocent relatives of an
+offender, is properly abolished by the constitution; and congress has
+declared that "no conviction or judgment shall work corruption of blood,
+or any forfeiture of estate." So that while this law continues, there is
+no forfeiture, even during the life of the person attainted.
+
+
+
+
+Chapter XLIV.
+
+State Records; Privilege of Citizens; Fugitives; Admission of New
+States; Power over Territory; Guaranty of Republican Government.
+
+
+
+§1. "Full faith and credit shall be given in each state to the public
+acts, records, and judicial proceedings of every other state. And the
+congress may, by general laws, prescribe the manner in which such acts,
+records, and proceedings shall be proved and the effect thereof." Art.
+4, sec. 1. Without this provision, a person against whom a judgment has
+been obtained, might remove with his property into another state, where
+the property could not be taken on execution without a new trial and
+judgment; which, at so great a distance from the residence of the
+creditor and his witnesses, would be very difficult and expensive, and
+perhaps impossible. Now, the proceedings of the court in which a
+judgment is obtained, if sent to the place where the debtor resides,
+have the same effect as in the state in which such proceedings were
+taken.
+
+§2. There are several other cases which this provision is intended to
+meet. But, as is seen, the effect of these acts, records, and judicial
+proceedings, and the manner of proving them are to be prescribed by
+congress. In pursuance of the power here granted, congress has enacted,
+that a certificate under seal of the clerk of a court of record,
+transmitted to any state of the union, shall there be deemed evidence
+of the facts therein stated. But if the thing certified is a judicial
+proceeding, such sealed certificate must be accompanied by the
+certificate of the presiding judge or justice, that the attestation of
+the clerk is in due form. Acts of a state legislature, to be entitled to
+credit in another state, must have the seal of the state affixed to
+them.
+
+§3. The next section of this article provides, that "the citizens of
+each state shall be entitled to all the immunities and privileges of
+citizens in the several states." This means that the citizens of any
+state going into other states, shall not, by the laws of those states,
+be deprived of any of the privileges of citizens; but shall be entitled
+to the privileges which are enjoyed by persons of the same description
+in the states to which they remove. Without such a provision, any state
+might deny to citizens coming into it from other states, the right to
+buy and hold real estate, or to become voters, or to enjoy equal
+privileges in trade or business. A state may, however, prescribe a
+certain term of residence therein as a qualification for voting at
+elections.
+
+§4. The next clause of this section provides for apprehending "a person
+charged with crime, who shall flee from justice and be found in another
+state." The governor of the state from which such person has fled, sends
+a requisition to the governor of the state in which he is found,
+demanding his delivery to the proper officers, to be conveyed back for
+trial. Without such authority to apprehend criminals, they might escape
+justice by taking shelter in another state.
+
+§5. In the same section it is provided, that "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
+intended for the benefit of the slaveholding states. By the common law,
+a slave escaping into a non-slaveholding state became free. As it was
+presumed that other northern states would follow Massachusetts in
+abolishing slavery, the southern states wanted some provision to enable
+them to reclaim their fugitive slaves.
+
+§6. The manner in which slaves are to be reclaimed, is prescribed by an
+act of congress. The owner of a runaway slave, finding him in a free
+state, arrests him and brings him before a magistrate; and if he proves
+his title to the slave to the satisfaction of the magistrate, the slave
+is delivered to the owner or claimant. Free colored persons have
+sometimes been arrested, and, on false testimony, delivered to
+claimants, taken to slave states and held as slaves. Hence the opinion
+prevails extensively that a person claimed as a slave should be entitled
+to trial by a jury; and that the fact of his being a slave should be
+proved to the satisfaction of a jury before his delivery to a claimant.
+Many persons, believing freedom to be the natural right of all men, hold
+that all laws for returning fugitive slaves are wrong, and ought not to
+be obeyed.
+
+§7. The first clause of the next section provides, that "new states may
+be admitted into this union," and requires the consent of congress and
+of the states concerned, to the formation of new states from old ones. A
+provision of this kind was deemed necessary in view of the large extent
+of vacant lands within the United States, and of the inconvenient size
+of some of the states then existing. The territory north-west of the
+Ohio river had been ceded to the general government by the states
+claiming the same; and a territorial government had already been
+established therein by the celebrated ordinance of 1787. From this
+territory have since been formed and admitted, the states of Ohio,
+Indiana, Illinois, Michigan and Wisconsin.
+
+§8. South of the Ohio river also was a large tract, principally
+unsettled, within the chartered limits of Virginia, North Carolina and
+Georgia, extending west to the Mississippi river, from which, it was
+presumed, new states would be formed. Justice, however, to these states,
+as well as to others in all future time, required the general provision
+above mentioned, that "no state should be divided without the consent of
+its legislature and of congress."
+
+§9. The next clause authorizes congress "to dispose of and make all
+needful rules and regulations respecting the territory and other
+property of the United States." If the general government has power to
+acquire territory, it must have the right to exercise authority over it.
+This express grant establishes beyond doubt a power which had been
+questioned under the confederation. In pursuance of the power here
+granted, congress has made rules and regulations for governing the
+people of different portions of such territory previously to their
+admission as states into the union.
+
+§10. The next section declares, that "the United States shall guaranty
+to every state in this union a republican form of government; and shall
+protect each of them against invasion, and on the application of the
+legislature, or of the executive (when the legislature cannot be
+convened,) against domestic violence." Art. 4, sec. 4. The propriety of
+a power to prevent a state from changing its government to any other
+than a republican form, is evident. It is equally proper that a state,
+when invaded by a foreign enemy, or in case of an insurrection within
+its own borders, should have protection and aid from the general
+government; especially as the states have surrendered to it the right to
+keep troops or ships of war in time of peace. (Art. 1, sec. 10.)
+
+
+
+
+Chapter XLV.
+
+Provision for Amendments; Assumption of Public Debts; Supremacy of the
+Constitution, &c.; Oaths and Tests; Ratification of the Constitution.
+
+
+
+§1. The 5th article provides for amending the constitution. It
+prescribes two different modes for proposing amendments, and two modes
+of ratifying them. Amendments may be proposed by two-thirds of both
+houses of congress; or, on the application or request of two-thirds of
+the states, congress shall call a convention for proposing amendments.
+Proposed in either of these modes, amendments, to become valid as parts
+of the constitution, must be ratified by the legislatures of
+three-fourths of the states, or by conventions in three-fourths of them;
+the mode of ratification, whether by the legislatures or by conventions,
+to be proposed by congress.
+
+§2. As the best human government is imperfect, and as all the future
+wants and necessities of a people can not be foreseen and provided for,
+it is obvious that every constitution should contain some provision for
+its amendment. But if amendments could be made whenever desired by a
+bare majority of the states, the strength and efficiency of the
+constitution might be greatly impaired by frequent alterations. It is
+therefore wisely provided, that a mere proposition to amend cannot be
+made but by a majority of at least two-thirds of congress, or of the
+legislatures of at least of two-thirds of the states; and that such
+proposition must be ratified by a still larger majority (three-fourths)
+of the states. It was thought better to submit occasionally to some
+temporary inconvenience, than to indulge in frequent amendments of the
+constitution.
+
+§3. The 6th article acknowledges the obligation of the general
+government to pay "all debts contracted before the adoption of the
+constitution." As has been observed, congress had borrowed money for the
+payment of which it was unable to provide; and one object of a change
+of government was to make provision for fulfilling the engagements of
+the nation. This clause, it is said, was also intended to allay the
+fears of public creditors, who apprehended that a change in the
+government would release the nation from its obligations.
+
+§4. The next clause declares, "This constitution, and the laws made in
+pursuance thereof, and all treaties made under the authority of the
+United States, shall be the supreme law of the land, and the judges in
+every state shall be bound thereby, any thing in the constitution or
+laws of any state to the contrary notwithstanding." If all state
+authorities were not bound by the constitution and laws of the United
+States, nothing would have been gained by the union. If the laws and
+treaties made by the general government could be disregarded or
+nullified by any power in a state, why was power to make them given to
+the general government?
+
+§5. The last clause of the 4th article requires certain officers, both
+of the United States and of the several states to be "bound by oath or
+affirmation to support this constitution." Binding the conscience of
+public officers by oath or solemn affirmation, has ever been considered
+necessary to secure a faithful performance of their duties. They are
+generally required to swear not only to support the constitution, but
+also to discharge the duties of their offices to the best of their
+ability.
+
+§6. The same clause declares that "no religious test shall ever be
+required as a qualification to any office or public trust under the
+United States." _Test_ here means an oath or a declaration in favor of
+or against certain religious opinions, as a qualification for office. In
+England, all officers, civil and military, were formerly obliged to make
+a declaration against transubstantiation, and to assent to the doctrines
+and conform to the rules of the established church. Desirous of securing
+to every citizen the full enjoyment of religious liberty, the
+introduction of tests was prohibited by the constitution.
+
+§7. The 7th and last article declares: "The ratification of the
+conventions of nine states shall be sufficient for the establishment of
+this constitution between the states so ratifying the same." The
+immediate ratification of the constitution by all the states was hardly
+to be expected; a unanimous ratification, therefore, was not required.
+But a union of less than nine states was deemed inexpedient. The framers
+concluded their labors on the 17th of September, 1787; and in July,
+1788, the ratification of New Hampshire, the ninth state, was received
+by congress.
+
+§8. The dates of the ratifications of the several states are as follows:
+Delaware, December 7, 1787; Pennsylvania, December 12, 1787; New Jersey,
+December 18, 1787; Georgia, January 2, 1788; Connecticut, January 9,
+1788; Massachusetts, February 6, 1788; Maryland, April 28, 1788; South
+Carolina, May 23, 1788; New Hampshire, June 21, 1788; Virginia, June 26,
+1788; New York, July 26, 1788; North Carolina, November 21, 1789; Rhode
+Island, May 29, 1790. The two last named states did not accede to the
+constitution until after proceedings under it had commenced. The
+ratification of North Carolina was received by congress in January,
+1790; that of Rhode Island in June following.
+
+§9. The first Wednesday of January, 1789, was appointed by congress for
+choosing electors of president in the several states, and the first
+Wednesday of February for the electors to meet in their respective
+states to elect the president. Gen. Washington was unanimously elected,
+and on the 30th of April was inaugurated president. Proceedings under
+the constitution, however, had commenced on the 4th of March preceding.
+
+
+
+
+Chapter XLVI.
+
+Amendments to the Constitution.
+
+
+
+§1. It is remarkable that, during a period of seventy years, the
+constitution has received so few alterations. Although twelve articles
+of amendment, so called, have been adopted, only two, (the 11th and
+12th,) have in any manner or degree changed any of its original
+provisions. Most of them, it will be seen, are merely declaratory and
+restrictive. As the principles which they declare were so generally
+acknowledged, and as the general government was a government of limited
+powers, having such only as were expressly authorized by the
+constitution, the framers deemed these declarations and restrictions
+unnecessary. But as several of the state conventions had, at the time of
+adopting the constitution, expressed a desire that declarations and
+guaranties of certain rights should be added, in order to prevent
+misconstruction and abuse, the first congress, at its first session,
+proposed twelve amendments, ten of which were ratified by the requisite
+number of states. Virginia, the last state necessary to make up such
+number, ratified December 15, 1791.
+
+§2. Freedom in matters of religion, freedom of speech and of the press,
+and the right to petition the government for the redress of grievances,
+guarantied in the first article, are rights so essential to civil
+liberty, and so evidently just, that it can hardly be presumed that
+congress would ever have passed laws directly violating these rights,
+even though such laws had not been prohibited.
+
+§3. The second article guaranties "the right of people to bear arms."
+Without this right, ambitious men might, by the aid of the regular army,
+overthrow the liberties of the people, and usurp the powers of
+government.
+
+§4. The third article declares, that "no soldier shall, in time of
+peace, be quartered in any house without the consent of the owner, nor
+in time of war, but in a manner to be prescribed by law." It is a
+principle of the common law, that "a man's house is his own castle."
+Among the grievances enumerated in the Declaration of Independence, was
+one "for quartering large bodies of armed troops" among the people of
+the colonies. To secure the people against intrusions of this kind, is
+the object of this prohibition.
+
+§5. The fourth article guaranties "the right of the people to be secure
+in their persons, houses, papers, and effects, against unreasonable
+searches and seizures." But there could be no such security, if every
+man could, on mere pretense or suspicion of injury, obtain a warrant for
+arresting his neighbor or searching his premises and seizing his
+property. Innocent men would often be subjected to much trouble and
+perplexity; and unjust suspicions would be thrown upon their characters.
+It is proper, therefore, that a magistrate shall not issue a warrant,
+unless it shall be made to appear, by the oath of the applicant or of
+some other person that there is probable cause.
+
+§6. The rights guarantied by the fifth article are common law rights,
+and founded upon just principles. We have elsewhere stated the object of
+grand juries, and noticed the opinion of some, that this object is
+sufficiently secured by the examination before the magistrate; and,
+consequently, that grand juries are unnecessary. (See Chap. XIX, §8-10.)
+But while this article continues to be a part of the constitution, grand
+juries in courts of the United States can not be dispensed with. It is
+quite proper, as is provided in this article, that, after a fair and
+impartial trial and an acquittal, a person should not be tried a second
+time. The provisions of the next article (6th) are also necessary to
+secure the same object--the rights of liberty and life to every citizen.
+
+§7. The seventh article of amendment secures, in courts of the United
+States, "in suits at common law, where the value in controversy shall
+exceed twenty dollars, the right of trial by jury." By suits at common
+law are meant those tried in the ordinary courts, as distinguished from
+those tried in courts of equity and courts of admiralty. This article
+further declares, that "no fact tried by a jury shall be otherwise
+reëxamined in any court of the United States, than according to the
+rules of the common law." That is, if a fact tried by a jury in a lower
+court, is carried up to a higher court for reëxamination, such
+reëxamination or new trial shall also be by jury.
+
+§8. "Excessive bail shall not be required, nor excessive fines imposed,
+nor unusual punishments inflicted." Amend. art. 8. The object of bail
+and the manner in which it is given, have been stated. (Chap. XVIII.)
+Without the above restriction, the sum might be fixed so high as to
+prevent persons accused of crime from procuring the necessary sureties;
+whereby innocent persons might be subjected to long imprisonment before
+the time of trial. It is therefore properly left to the court to fix the
+sum, which should correspond to the aggravation of the offense. Courts
+have the same discretion as to the measure of punishment to be inflicted
+in each particular case of crime.
+
+§9. The ninth amendment is, "The enumeration in the constitution of
+certain rights, shall not be construed to deny or disparage others
+retained by the people." There were persons who feared that, because the
+constitution mentioned certain rights as belonging to the people, those
+not mentioned might be considered as having been surrendered to the
+general government. This article was therefore inserted to prevent such
+a misconstruction of the constitution.
+
+§10. The tenth amendment is similar to the preceding. "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." In other words the powers which the constitution has not given
+to the general government, nor prohibited the states from exercising,
+the states or the people have reserved to themselves. So clear is it,
+that they retain all power which they have not in words parted with,
+that it seems strange to many that the insertion of such a provision
+should ever have been thought necessary.
+
+§11. The eleventh amendment was proposed at the first session of the
+third congress, March 5, 1794, and its ratification by the
+constitutional number of states was announced to congress by the
+president in a message dated January 8, 1798. This article prohibits a
+court of the United States from trying "any suit in law or equity
+commenced or prosecuted against one of the states by citizens of another
+state, or by citizens or subjects of any foreign state." This is
+intended to prevent a state from being sued in an original suit, by a
+private person, the citizen of another state.
+
+§12. The twelfth and last amendment effects a change in the mode of
+electing the president and vice-president, and has been considered.
+(Chap. XXXIX, §4.) This amendment was proposed at the first session of
+the eighth congress, December 12, 1803, and was adopted by the requisite
+number of states in 1804, according to a public notice by the secretary
+of state, dated the 25th of September of the same year.
+
+
+
+
+
+Common and Statutory Law.
+
+
+
+
+Chapter XLVII.
+
+Rights of Persons. Personal Security; Personal Liberty; Religious
+Liberty; Liberty of Speech, and of the Press; Right of Property.
+
+
+
+§1. Having taken a general view of the state governments and the
+government of the United States, and seen how wisely they are adapted to
+promote the general welfare and secure the blessings of liberty; we
+proceed to give a digest of the laws which more particularly define the
+rights and prescribe the duties of citizens, or by which their social
+and civil intercourse is to be regulated. These laws, it will be
+recollected, we have elsewhere called the _municipal_ or _civil_ laws,
+as distinguished from the _political_ or _fundamental_ law of the state.
+(Chap. III, §6.)
+
+§2. These laws are of two kinds, the written or statute law, and the
+unwritten or common law. _Statute laws_ are those which are enacted by
+the legislature, and recorded in writing, and are usually collected and
+published in books. The word _statute_ is from the Latin _statuo_, to
+set, fix, or establish.
+
+§3. The _common law_ is not a code of written laws enacted by a
+legislature, but consists of rules of action which have become binding
+from long usage and established custom. It is said to be founded in
+reason and the principles of justice. The common law of England was
+brought over by our ancestors, and established here before the
+revolution. Some of the states, in their constitutions, adopted after
+the revolution, declared it to be the law of their respective states;
+and it has continued to be law in all the states, and is still so
+considered, except such parts as have been altered or repealed by
+constitutional or legislative enactments, or by usage.
+
+§4. The most valuable rights protected by law are the rights of personal
+security and personal liberty. The right of _personal security_ is the
+right to be secure from injury to our persons or good names. By
+_personal liberty_ is meant the freedom of our bodies or persons from
+restraint or confinement. Provisions guarantying these rights have been
+incorporated into our national constitution, and the constitutions of
+the several states.
+
+§5. The right of personal security is also protected by the law, by
+which a man, on showing reasonable cause of danger of personal injury,
+may require his adversary to be bound with sureties to keep the peace.
+And for violence committed, the offender may be prosecuted in behalf of
+the state and punished, and is liable also to the party aggrieved in a
+civil suit for damages.
+
+§6. This right is further protected by the law which permits a man to
+exercise the natural right of self-defense. In defending his person in
+case of a felonious assault, he may lawfully take the life of his
+assailant. This is by law pronounced justifiable homicide, and is
+allowed also in defense of one's property against felonious and violent
+injury. But homicide (man-killing) is not justifiable in case of a
+private injury, nor upon the pretense of necessity when the party is not
+free from fault in bringing that necessity upon himself.
+
+§7. The right to be secure in our good names, which is included in the
+right of personal security, is protected by the law against slander and
+libel. A _slander_ is a false and malicious report or statement tending
+to injure another in his reputation or business, and which, if true,
+would render him unworthy of confidence or employment; or it is the
+maliciously charging of another with anything by which he sustains
+special injury. The slander of a person by words spoken, is a civil
+injury, that is, an injury for which redress is to be obtained in a
+civil suit for damages.
+
+§8. A slander written or printed, is called _libel_. A libel is a
+malicious publication in print or writing, signs or pictures, tending to
+expose a person to public hatred, contempt, or ridicule. And it is
+considered in law a publication of such defamatory writing, though
+communicated to a single person. A slander written or printed is likely
+to have a wider circulation, to make a deeper impression, and to become
+more injurious. A person may therefore be liable in damages for words in
+print or writing, for which he would not be liable if merely spoken. In
+case of libel, a person is not only liable to a private suit for
+damages, but may be indicted and tried as for other public offenses.
+
+§9. It is a principle of English common law, that in a criminal action
+for libel it is immaterial whether the matter of it is true or false;
+and a person prosecuted for libel is not allowed, in justification, to
+prove to the jury the truth of his statement, since the provocation, not
+the falsity, is to be punished. And, whether true or false, the libelous
+publication is equally dangerous to the public peace, and is presumed to
+have been made with malicious intent.
+
+§10. It is held--and perhaps it is the prevailing opinion--that in a
+civil action for damages, a libel must be false as well as scandalous,
+and, consequently, that the truth may be pleaded in justification. This
+point, however, is not fully settled. The reason for this distinction
+between cases of public and private prosecution, it is not easy to
+perceive. If it is just to inquire into the good or bad intentions of
+the publisher in one case, it would seem to be equally so in the other.
+
+§11. But the common law has been materially modified and relaxed in this
+country. In most of the states it is provided by their constitutions or
+by law, that the truth may be given in evidence, and if it shall appear
+to the jury "that the matter charged as libelous is true, and was
+published with good motives and for justifiable ends, the party shall be
+acquitted." As it may sometimes be proper to speak or publish an
+unfavorable truth concerning others, the principle of the above
+provision would seem to be founded in justice. In the state of Vermont,
+and perhaps in a few other states, if the party prosecuted proves the
+truth of his statement in any case, he is acquitted.
+
+§12. The right of _personal liberty_ is secured by express provision of
+the national constitution, which guaranties to every citizen "the
+privilege of the writ of _habeas corpus_." (Cons. U.S. art. 1, sec. 9.)
+The nature of this writ has been explained. (Chap. XXXVI, §4.) The same
+provision has been inserted in the state constitutions. This was a
+common law privilege, independently of any constitutional enactment. The
+principal object of the provision seems to be to take from congress and
+the state legislatures the power to abolish this privilege, or even to
+suspend it for any time, or in any case, except the particular cases
+mentioned.
+
+§13. Freedom of religious opinion and worship, or liberty of
+conscience, is a valuable personal right, included in the term, personal
+liberty, and is effectually secured in this country. In England, the
+country of our ancestors, there is a church established and supported by
+the government. This is sometimes called "union of church and state."
+The American people, from their love of religious freedom, have, in
+their constitutions, expressly prohibited congress from making laws
+"respecting the establishment of religion, or prohibiting the free
+exercise thereof." (Amend. art. 1.) And the state constitutions have
+adopted similar provisions.
+
+§14. Another important personal right comprehended in the term personal
+liberty, and guarantied in the same article of the national
+constitution, and in the state constitutions, is the liberty of speech
+and of the press. Some of the monarchical governments of Europe
+prohibited the people from speaking against the sovereign or his
+government. Books and papers could not be published until they had been
+examined and approved. The persons authorized to examine the
+manuscripts, were called _censors_. Hence the expression sometimes
+heard, "censorship of the press." To secure the liberty of speaking and
+publishing their sentiments freely up on all subjects, the people of
+this country have made express provision in their constitutions; which,
+however, while they properly guaranty this right, leave men "responsible
+for its abuse," and liable to prosecution for slander or libel. (§7, 8.)
+
+§15. The _right of property_ is the right to acquire property, and to be
+free in the use and enjoyment of it. To protect men in the enjoyment of
+this right, is one of the principal objects of constitutions and laws.
+The rights of property will constitute the subject matter of several
+subsequent chapters of this digest of "common and statutory law." (Chap.
+L, and onward.)
+
+
+
+
+Chapter XLVIII.
+
+Domestic Relations. Husband and Wife.
+
+
+
+§1. To render a marriage contract lawful, the parties must be of
+sufficient age, called the age of consent; which, by the common law of
+the land, is fourteen years in males, and twelve in females. In some
+states the age of consent has been altered by statute. In Ohio, Indiana,
+and Michigan, it has been raised to eighteen years in males, and
+fourteen in females; in Illinois to seventeen and fourteen; in
+Wisconsin, to eighteen and fifteen.
+
+§2. The parties must also have sufficient understanding to transact the
+ordinary business of life. Idiots and lunatics cannot legally contract
+marriage. Persons must also act freely. If the consent of either party
+has been obtained by force or fraud, the marriage may be declared void.
+The parties must not be nearly related. The degrees of relationship at
+which they are forbidden to marry are in some states fixed by law; but
+the laws of these states on the subject are not uniform. Some states
+have forbidden marriages which come within what is called the Levitical
+degrees; but these degrees have received different interpretations.
+According to the interpretation of some, the relation of uncle and niece
+and aunt and nephew, come within this rule.
+
+§3. No person can lawfully remarry who has a wife or husband living.
+Such second marriage is, by the common law, null and void. In some of
+the states, perhaps in most of them, it is declared _polygamy_, and a
+state prison offense, except in certain cases; as when the husband or
+wife of the party who remarries has been long absent, and the party
+re-marrying does not know the other to have been living within the time;
+or when the former husband or wife of the party remarrying has been
+sentenced to imprisonment for life; or when the former marriage has been
+lawfully annulled or dissolved. If, however, a marriage has been
+annulled or dissolved for the cause of adultery, the criminal party is,
+in some states at least, not allowed to remarry.
+
+§4. In some of the cases excepted in the preceding section, the second
+marriage is merely excusable. Although the party to such marriage is
+exempt from the _penalty_, yet if the former wife or husband is living,
+though the fact is unknown, and no divorce has been duly announced, or
+the first marriage has not been duly annulled; the second marriage is
+void. Where there is no statute regulation, the common law governs,
+which is, that nothing but death, or a decree of a competent court, can
+dissolve the marriage tie.
+
+§5. The manner in which marriages are to be solemnized, and by whom, and
+the manner in which marriage licenses are to be obtained, or notices of
+marriage published, (which are required in some states,) are prescribed
+by the laws of the states in which such regulations exist. Marriages may
+usually be solemnized by ministers of the gospel, judges, justices of
+the peace, and certain other officers. But by the common law, a marriage
+is rendered valid by a simple consent of the parties declared before
+witnesses, or subsequently acknowledged; or such consent may be inferred
+from continual cohabitation and reputation as husband and wife.
+
+§6. In law, the husband and wife are regarded as one person. By the
+common law, the husband, by marriage, acquires a right to the property
+of the wife which she had before marriage, and which she may acquire
+after marriage. To her personal property, including debts due her by
+bond, note, or otherwise, he has an absolute right, and may use and
+dispose of the same as he pleases. Her chattels real, however, which are
+leases of land for years, though personal property, he can not dispose
+of by will; and if he makes no disposition of them during his life time,
+and she outlives him, she takes them in her own right. If he survives
+his wife, he acquires an absolute right to them.
+
+§7. But to the real estate of the wife, the husband does not acquire an
+absolute right. He has only a right to the use, rents, and profits
+thereof during his life, if he shall die before his wife; and in that
+event she takes the estate again in her own right. If the wife dies
+first, and there are no children, her heirs immediately take the estate.
+If there are children living, the husband holds the estate for life, and
+on his death it goes to the wife or her heirs.
+
+§8. But this rule of the common law which gives to the husband the
+possession and disposal of the property of the wife, has been repealed
+by special enactments in most of the states. By these state laws, the
+real and personal property of the wife owned by her before marriage, or
+conveyed to her by any other person than her husband after marriage,
+with the rents and profits of such property, is declared to be her own,
+and at her disposal, and not liable for the debts of her husband, except
+in a few cases specified in the law of each state. In some of these
+states, although the property of the wife is not liable for the
+husband's debts, he has the control and management, and the rents and
+profits of it.
+
+§9. As the husband, by common law, acquires, by marriage, an interest in
+the property of his wife, he becomes liable for her debts contracted
+before marriage; but if they are not recovered of him during coverture,
+he is discharged _Coverture_, in law, is the state of a married woman,
+considered as under _cover_, or under the power of her husband. Some of
+the states which have abolished the common law right of the husband to
+the property of the wife acquired before marriage, have also abolished
+the common law obligation of the husband to pay the debts of the wife
+contracted before marriage; her property alone being liable for such
+debts.
+
+§10. The husband is bound to maintain his wife, and is liable for debts
+which she may contract for necessaries, but for nothing more. If he
+refuses to provide for her wants, or if, through other ill treatment or
+fault on his part, they become separate, he is liable to fulfill her
+contracts for necessaries, even though he has forbidden persons to trust
+her. If they part by consent, and he secures to her a separate
+maintenance, and pays it according to agreement, he is not liable, even
+for necessaries.
+
+§11. The husband and wife can not be witnesses for or against each
+other; but any declarations made by a wife when acting as agent for her
+husband, may be admitted in evidence against him. In a few states, laws
+have been proposed, and, it is believed, in some they have been passed,
+removing, to some extent, this restriction upon the right of a husband
+or wife to the testimony of the other.
+
+
+
+
+Chapter XLIX.
+
+Domestic Relations, continued. Parent and Child; Guardian and Ward;
+Minors; Masters, Apprentices, and Servants.
+
+
+
+§1. Parents, as the natural guardians of their children, are obliged to
+provide for their support and education during their minority, or while
+they are under twenty-one years of age. At twenty-one they attain the
+age of majority, when they are said to be _of age_. Under this age they
+are, in law, _infants_, or _minors_. The father, if he is able, is bound
+to support his minor children, even if they have property of their own;
+but in such case the mother is not so bound. But a husband is not
+obliged to maintain the child of his wife by a former husband. If,
+however, he takes the child into his family, he is responsible for its
+maintenance and education while it lives with him.
+
+§2. A father may be liable for necessaries sold to a child. But to be so
+liable, it must be proved that the contract for the articles was made by
+his actual authority, or the circumstances must be sufficient to imply
+authority; or that neglect to provide for the child, or some other fault
+on the part of the father, rendered assistance to the child necessary.
+Being bound to provide for his children, the father has a right to their
+labor or service; and he may recover their wages from any person
+employing them without his consent.
+
+§3. In general, a minor cannot bind himself by contract. If he lives
+with his father or guardian, by whom he is properly supplied, he can not
+bind himself even for necessaries. But if, on contracting a debt, he
+agrees to pay it after he shall have become of age, he will then become
+liable. If a minor has no father or other guardian, his contracts for
+necessaries are binding upon him.
+
+§4. If a minor takes an estate and agrees to pay rent, he will be liable
+for its payment after he shall have become of age. If he receives rents,
+he can not demand them again when of age. If he pays money on a
+contract, and enjoys the benefit of the contract and then avoids it when
+he comes of age, he can not recover back the consideration paid. And if
+he avoids an executed contract when he comes of age, on the grounds of
+infancy, he must restore the consideration.
+
+§5. Minors are answerable for crimes, and may be indicted and tried,
+and, on conviction, be fined and imprisoned. They are responsible also
+for acts of fraud. Their age and the peculiar circumstances in which
+they were placed, might be such as to exempt them from liability; but in
+cases of gross and palpable fraud committed by minors who have arrived
+at the age of discretion, they would be bound by a contract.
+
+§6. In general, male infants and unmarried females under eighteen years,
+may, of their own free will, bind themselves, in writing, to serve as
+_apprentices_ and servants, in any trade or employment; males until the
+age of twenty-one, and females until the age of eighteen years, or for a
+shorter time. But the minor must have the consent of the father; or if
+the father is dead, or disqualified by law, or neglects to provide for
+his family, consent must be had of the mother; or, if the mother is dead
+or disqualified, then of the guardian.
+
+§7. Pauper children may be bound out by the officers having charge of
+the poor. And the laws of many of the states, perhaps of most or all of
+them, very properly require, that a person, to whom a poor child is
+bound, shall agree to cause such child to be taught to read and write,
+and, if a male, to be also instructed in the general rules of
+arithmetic.
+
+§8. Masters have a right to correct their apprentices with moderation
+for negligence and misbehavior; and they may recover damage at law of
+their apprentices for willful absence. On the other hand, a master may
+be prosecuted for ill usage to his apprentice, and for a breach of his
+covenant. A master is liable to pay for necessaries for his apprentice,
+and for medical attendance, but he is not so liable in the case of a
+hired servant.
+
+§9. When an apprentice becomes immoral and disobedient, an investigation
+of the matter may be had by the proper authorities; and for good cause
+the indenture may be annulled, and the parties discharged from their
+obligations. Upon the death of a master, an apprenticeship is dissolved.
+
+§10. There is, it is believed, no statute law in any state, particularly
+defining the rights and obligations of _hired servants_ and the persons
+employing them. Both are obliged to fulfill their agreement. If a hired
+servant leaves the service of his employer, without good cause, before
+he has worked out the time for which he was hired, he cannot recover his
+wages. And for immoral conduct, willful disobedience, or habitual
+neglect, he may be dismissed. On the other hand, ill usage, or any
+failure on the part of the employer to fulfill his engagement, releases
+the laborer from his service.
+
+§11. How far a master is answerable for the acts of his hired servant,
+is not clear. As a general rule, the master is bound for contracts
+made, and liable for injuries done, by a servant actually engaged in the
+business of his master, whether the injury proceeds from negligence or
+from want of skill. But for an injury done by a willful act of the
+servant, it is considered that the master is not liable. If the servant
+employs another to do his business, the master is liable for the injury
+done by the person so employed. But a servant is accountable to his
+master for a breach of trust, or for negligence in business, or for
+injuring another person in his master's business.
+
+
+
+
+Chapter L.
+
+Right of Property. How Title to property is acquired; Wills and
+Testaments Title to Property by Descent.
+
+
+
+§1. Every citizen of the United States is capable of holding lands, or
+real estate, and of taking them by devise, descent, or purchase, and of
+selling and conveying away such estate. Aliens, by common law, have not
+this power. In many of the states, however, this disability has been
+removed by statute. On declaring their intention to become citizens, and
+complying with certain regulations, aliens acquire the right to take and
+hold real estate to themselves and their heirs. But they may hold and
+dispose of personal property without any special enactment.
+
+§2. To _devise_ property is to give or bequeath it by will. A _will_ is
+a written instrument in which a person declares his will concerning the
+disposal of his property after his death. It is also called _testament_.
+This word is from the Latin _testis_, meaning witness. Hence the word
+has come to be applied to this instrument, which is the witness or proof
+of a person's will. A person making a will is called _testator_; one who
+dies without making a will or testament, is called _intestate_.
+
+§3. All persons of full age and sound mind, except married women, may
+give and bequeath real and personal estate by a last will and testament.
+In many of the states, personal estate may be willed at an earlier age.
+In a few states, females at eighteen may make a will of real and
+personal estate. In a few states, personal estate may be willed
+verbally, if the will is within a specified time reduced to writing, and
+subscribed by disinterested witnesses. In Ohio such will must be written
+within ten days after the speaking of the testamentary words. A will of
+this kind is called a _nuncupative_ will.
+
+§4. In most of the states, laws have been enacted, allowing married
+women to hold, in their own exclusive right, all the property, real and
+personal, which they owned at the time of marriage, and which they may
+acquire after marriage. (Chap. XLVIII, §8.) With the right of possession
+is also given, it is presumed, the power of disposing of the property by
+will.
+
+§5. A will devising real estate must be subscribed by at least two, in
+some slates three, attending witnesses, in whose presence the testator
+must subscribe the will, or acknowledge that he subscribed it, and
+declare it to be his last will and testament. If the testator is unable
+to sign his will, another person may write the testator's name by his
+direction; but he should sign his own name as witness to the will.
+
+§6. A testator may revoke or alter his will by a later will or writing,
+executed in the same manner. But the second will, to revoke the former,
+must contain words expressly revoking it, or directing a different
+disposal of the property. A will may also be revoked by a sale of the
+property. And any alteration of the estate or interest of the testator
+in lands devised, is held to be an implied revocation of the will. Lands
+purchased after a will has been made, are not conveyed by it. As a
+general rule, a will is also revoked by the subsequent marriage of the
+testator and birth of a child, unless the wife and child have been
+otherwise provided for. The will of an unmarried woman is revoked by her
+marriage.
+
+§7. By the statutes of some states, a child born after the death of the
+testator, or born in his lifetime and after the making of the will,
+inherits a share of the estate, as if the father had died intestate. In
+some other states, the statute goes further, and gives the same relief
+to all the children who are not provided for in the will, and who have
+not had their portion in the parent's lifetime.
+
+§8. A _codicil_ is an addition or a supplement to a will, and must be
+executed with the same solemnity. It is no revocation of a will, except
+in the precise degree in which it is inconsistent with it.
+
+§9. After the death of a testator, the will is brought before the court
+of probate to be proved. (Chap. XX, §5.) When a will has been duly
+proved and allowed, the court issues letters testamentary to the
+executor. An _executor_ is a person named in the will of a testator to
+carry the will into effect. _Letters testamentary_ give him the power to
+act in settling the estate of the deceased. If he refuses to act, or is
+not lawfully qualified, the court appoints a person, who, in that case,
+is called _administrator_; and the court issues _letters of
+administration_ with the will annexed. Letters of administration are
+also issued in case of a person dying intestate. They give to the
+administrator the requisite authority to settle the estate.
+
+§10. Taking property by _descent_, is the receiving of it from an
+ancestor or other relative dying intestate. If a person dies without
+making a will, his property falls, or _descends_ to his lawful heirs.
+The order or rule of descent is not uniform in this country, being
+determined, to a great extent, by the laws of the states. In general,
+however, the real estate of an intestate descends, first to his lineal
+descendants, that is, persons descending in a direct line, as from
+parents to children, and from children to grand-children. The lineal
+descendants most nearly related to the intestate, however distant the
+relation may be, takes the estate.
+
+§11. If any children of an intestate are dead, and any are living, the
+inheritance descends to the children living, and to the descendants of
+the children dead, so that each child living shall receive such share as
+he would receive if all were living, and the children of those who are
+dead such share as the parents would receive if living. Thus, suppose an
+intestate had three sons, one of whom is dead, but has left children. In
+this case, each of the sons living would share one-third of the
+property, and the children of the deceased son the remaining third.
+
+§12. But if the children are all dead, and there are grand-children
+living, the grand-children share equally, though not an equal number are
+children of each parent. If, for example, an intestate dies leaving no
+children, but having had two sons, one of whom had left three children,
+and the other two, the five share equally in the estate. The laws of
+Rhode Island, New Jersey, North Carolina, South Carolina, Tennessee,
+Louisiana, and Alabama, unless recently altered, are exceptions to this
+rule. In these states, and perhaps in a few others, though the children
+of the intestate are all dead, the grand-children do not share equally,
+but those of each stock, or family, take the portion which their parent
+would have taken if living.
+
+§13. The order of descent is so different in the states, especially when
+there are no lineal descendants of an intestate, that it can be
+ascertained only by reference to the laws of each state. As a general
+rule, real estate passes, (1.) to the lineal descendants; (2.) to the
+father; (3.) to the mother; (4.) to the collateral or _side_ relatives,
+as brothers, sisters, nephews, nieces, &c. But even to this general rule
+there are exceptions in the laws of some states.
+
+§14. The rule of descent given in the preceding sections, it will be
+seen, relates to _real_, and not to personal estate. The rule in regard
+to real estate, and that relating to personal estate, are generally
+somewhat different in the same state.
+
+
+
+
+Chapter LI.
+
+Deeds and Mortgages.
+
+
+
+§1. In whatever manner a person acquires possession of real estate,
+whether by devise, descent, purchase, or gift, evidence of possession
+consists, usually, in a _deed_, which is a written instrument conveying
+real estate to an heir, a purchaser, or a donee. A deed of land sold,
+contains the names of the seller and the purchaser, the consideration,
+or sum paid for it, and a description of it; and in express words grants
+and conveys all the interest of the seller or grantor to the purchaser
+and his heirs forever: and the seller affixes his name and seal to the
+instrument, usually in the presence of one or more subscribing
+witnesses.
+
+§2. But a deed thus executed does not give to the purchaser sure
+possession of the land, until it has been duly recorded in the office of
+the proper recording officer of the county in which the land lies; or in
+the office of the town clerk, in those states in which conveyances are
+required to be there recorded. If the land should be conveyed by the
+seller to a subsequent purchaser who should get his deed first on
+record, such purchaser would hold the land, unless, before purchasing,
+he had had notice of a sale and deed to a prior purchaser.
+
+§3. In some states, a reasonable time is allowed a purchaser to get his
+deed recorded before he loses his right of possession by the earlier
+recording of another's deed. In some other states, the time is fixed by
+law, and varies in these different states from fifteen days to two
+years. But a deed, though not recorded in season to secure the title
+against a second purchaser, or though not recorded at all, is good
+against the sellor or grantor; and the dispossessed purchaser has a
+lawful claim against him for the value of the land.
+
+§4. A recorder or register may not record a conveyance of land without
+proof that it was executed by the person named in it as the maker or
+grantor. This proof consists, usually, in a certificate of a proper
+officer, on the back or margin of the deed, stating that the person so
+named appeared before him, and, being duly sworn, acknowledged that he
+was the person who had executed the deed. In every state, judges of
+courts and justices of the peace, mayors of cities and aldermen,
+notaries public, or some of these officers, and commissioners of deeds
+appointed for that special purpose may take acknowledgments. In New York
+and a few other states, the acknowledgment may be dispensed with, and
+the execution of the deed may be proved by the subscribing witnesses.
+Deeds duly acknowledged, are, with the acknowledgments, copied by the
+recorder, word for word, in books provided for that purpose.
+
+§5. As a person can not give a good title unless he has one himself, the
+seller or grantor covenants and agrees that he is seized of the premises
+in _fee-simple_, (meaning that he is the absolute owner,) and that he
+will _warrant and defend_ the premises in the quiet and peaceable
+possession of the purchaser and his heirs forever. Hence such deed is
+called a _warranty deed_, [For definition of _fee_ and _fee-simple_, see
+Chap. LIII, §1.] A _quit-claim_ deed merely conveys the interest or
+claim of the grantor. It contains no warranty of title against any other
+claimant.
+
+§6. A _mortgage_ is a grant of land as security for the payment of
+money, on condition that, if the money shall be paid according to
+contract, the grant shall be void. When only a part of the purchase
+money is paid on receiving a deed, the purchaser usually executes a
+mortgage to the seller, pledging the land as security for the remainder
+of the purchase money. And if the money shall not be paid as agreed, the
+land may be sold; but if sold for more than the amount due, the overplus
+is to be paid to the mortgager.
+
+§7 To effect a full conveyance of real estate, a wife must join with
+her husband by signing the deed with him; or, in case of the husband's
+death in her lifetime, she would be entitled, for life, to the use of
+one-third of the estate. This interest of a widow in the estate of a
+deceased husband, is called _dower_. It is necessary also for the wife
+to acknowledge, before the officer taking the acknowledgment, and apart
+from her husband, that she signed the deed freely, and without
+compulsion of her husband. In some states, the acknowledgment of the
+wife out of the presence of her husband is not required.
+
+
+
+
+Chapter LII.
+
+Incorporeal Hereditaments. Right of Way; Aquatic Rights, &c.
+
+
+
+§1. The term _incorporeal hereditaments_ may, to some readers, need
+explanation. A _hereditament_ is a thing capable of being inherited.
+Land, and all things attached to it by the course of nature or the hands
+of men, as trees, herbage, water, buildings, &c., which are comprehended
+in the term real estate, are _corporeal_ hereditaments. _Incorporeal_
+hereditaments are inheritable rights which grow out of corporeal
+inheritances, or which consist in their enjoyment; as the right of
+pasturing a common; a right of passage over the land of another; a right
+to the use of waters, sometimes called _aquatic rights_, &c.
+
+§2. A _right of way_ is a right of private passage over another man's
+ground. This right is sometimes granted by the owner of the soil; and to
+make it a freehold right, it must be created by deed, though it be only
+an easement upon the land of another, and not an interest in the land
+itself. An _easement_ is, in general, an accommodation. In law, it is
+any privilege or convenience which one has of another, by grant or
+otherwise, as a right of way, &c. By the grant of an easement, the
+grantee acquires no other right than what is necessary to the fair
+enjoyment of the privilege.
+
+§3. If it is a mere personal right, it can be enjoyed only by the owner
+of the right, and when he dies, the right dies with him. But a right of
+way belonging to an estate may be conveyed when the land is sold. Thus,
+if a man owns lot A and lot B, and he used a way from lot A, over lot B,
+to a mill, or to a river; and if he sells lot A with all ways and
+easements, the grantee will have the same privilege of passing over lot
+B as the grantor had.
+
+§4. A right of way may arise from necessity. If a man sells a part of
+his land, and there is no other way to the remaining part, he is
+entitled to a right of way to it over the land sold. And if a man sells
+land wholly surrounded by his own land, the purchaser is entitled to a
+right of way to it over the other's ground, even though no such right is
+reserved. The right of way passes to the purchaser, as necessarily
+incident to the grant, or included in it.
+
+§5. A man having license to conduct lead pipes through the land of
+another, may enter on the land, and dig therein, to mend the pipes. The
+general rule is, that when the use of a thing is granted, every thing is
+granted which is necessary to the enjoyment of its use.
+
+§6. A person has a temporary right of way over land adjoining a public
+highway, if the highway is out of repair, or is obstructed by snow, a
+flood, or otherwise. But the right of going upon adjoining lands does
+not apply to private ways. A person having a right to a private way over
+another's land, has no right to go upon adjoining land, even though the
+private way is impassable.
+
+§7. A right of way sometimes arises by _prescription_; which is the
+right or title to a thing derived from long use and enjoyment. Such is
+the right which, by common law, a man acquires to land which has been
+peaceably held by himself, or by himself and preceding owners, for
+twenty years. Although the first occupancy was obtained without grant,
+the long free use of the land is, in law, equivalent to a grant, and
+implies a valid title. In some states, shorter periods have been fixed
+by statute in which a right by prescription may be obtained. In
+Pennsylvania, and Ohio, the period is fixed at twenty-one years.
+
+§8. The owners of land adjoining highways, have a right to the soil to
+the centre of the road: the public have only a right of passage while
+the road is continued. The owners of the soil may maintain a suit
+against any person who encroaches upon the road, or digs up the soil, or
+cuts down trees growing on the side of the road. They may carry water in
+pipes under it, and have every use of it that does not interfere with
+the rights of the public.
+
+§9. Every proprietor of lands adjoining a stream, has naturally an equal
+right to the use of the water that flows in the stream adjacent to his
+lands, "as it was wont to run." Each may use the water while it runs
+upon his own land; but he can not unreasonably detain it, or give it
+another direction; and he must return it to its ordinary channel when it
+leaves his estate. He can not, by dams or any obstruction, cause the
+water injuriously to overflow the grounds of the neighbor above him, nor
+so use or apply it as materially to injure his neighbor below him.
+
+§10. But this right to the use of waters, as an easement to the land,
+may be acquired and lost, or enlarged and abridged, by prescription. A
+man may diminish the quantity of the water, or corrupt its quality, by
+the exercise of certain trades; and by such use of the water for a
+sufficient length of time, he is in law _presumed_ to have acquired it
+by grant: and this presumption is the foundation of his right by
+prescription. The time of such use and enjoyment of water necessary to
+establish such right is twenty years, except in states in which a
+different period is fixed by statute. (§7.)
+
+§11. It is a general and established doctrine, that an exclusive and
+uninterrupted enjoyment of water, or of light, or of any other easement,
+in any particular way, for twenty years, or for any other period which
+in any particular state is the established period of limitation, is a
+sufficient enjoyment to raise a presumption of title as against the
+right of any other person. The enjoyment is deemed to have been
+uninterrupted, whether it has been continued from ancestor to heir, and
+from seller to buyer; or whether the use has been enjoyed during the
+entire period by one person.
+
+§12. As a right may be acquired by use, so it may be lost by disuse; and
+as an enjoyment for twenty years, or such other period as is prescribed
+by statute, is necessary to establish a right; an absolute
+discontinuance of the use for such period will raise the presumption
+that the right has been released or extinguished. Thus a title to land
+may pass from its actual owner by non-occupancy for the period above
+stated; and a title to it may be acquired by an undisturbed occupant who
+shall hold it in peaceable and uninterrupted possession for the same
+period.
+
+
+
+
+Chapter LIII.
+
+Leases:--Estates for Life; Estates for Years; Estates at Will; Estates
+by Sufferance; Rent, &c.
+
+
+
+§1. Real estate, the title to which is conveyed by deed, as
+distinguished from other estates in land, is called an _estate of
+inheritance_. An estate of inheritance, that is, an estate in lands that
+may be transmitted by the owner to his heirs, is a _fee_. No estate is
+deemed a fee unless it may continue forever. When it is a pure and
+absolute inheritance, clear of any qualification or condition, it is
+called a _fee-simple_.
+
+§2. An interest in lands which is to continue for a limited period, is
+usually conveyed by a written instrument called lease. _To lease_, means
+to let; but generally to grant the temporary possession of real estate
+to another for rent or reward. Sometimes the word _demise_ is used for
+ease. The landlord, or person letting the estate, is called _lessor_;
+and the tenant, or person to whom the land is leased, is called
+_lessee_. Leases for a term longer than one year, are usually required
+to be sealed, and in some states, proved and recorded also, as deeds and
+mortgages.
+
+§3. These limited interests in land are divided into estates for life,
+estates for years, estates at will, and estates by sufferance. An
+_estate for life_ is an estate conveyed to a person for the term of his
+natural life. Life estates held by lease, however, are not common in
+this country. Another kind of life estate is that which is acquired, not
+by the acts of the parties, as by lease, but by the operation of law.
+Such is the right of a husband to the real estate of his wife acquired
+by her before or after marriage. Such also is the right of dower. (Chap.
+XLVIII, §6, 7. Chap. LI, §7.)
+
+§4. An _estate for years_ is a right to the possession and profits of
+land for a determinate period, for compensation, called rent; and it is
+deemed an estate for years, though the number of years should exceed the
+ordinary limit of human life. And if a lease should be for a less time
+than a year, the lessee would be ranked among tenants for years. Letting
+land upon shares for a single crop is not considered a lease; and
+possession remains in the owner.
+
+§5. A lessee for years may assign over his whole interest to another,
+unless restrained by agreement not to assign without leave of the
+lessor. And he may underlet for any less number of years than he himself
+holds; but he is himself liable to the landlord.
+
+§6. A tenant for years, whose lease expires after the land is sown or
+planted, and before harvest, is not entitled to the crop, if the lease
+is for a certain period; for, knowing that his lease would expire before
+harvest time, he might have avoided the loss of his labor. But if the
+lease for years depends upon an uncertain event, the occurring of which
+would terminate the lease before the expiration of the term, the tenant
+would be entitled to the crop, if there were time to reap what has been
+sown, in case he should live. It is believed that, in a few states, the
+tenant has a right to the crop from grain sown in the autumn before the
+expiration of the lease, and cut the next summer after its expiration.
+
+§7. Where there is an express agreement to pay rent, the tenant can not
+avoid payment even if the premises are destroyed by fire or flood, or if
+he is in any other manner deprived of their enjoyment and use, even
+without any default on his part. Hence, if land should be leased with a
+flock of sheep, and the sheep should die, the full rent must be paid.
+But if the land should be recovered from the tenant by a person having a
+better title than that derived from his landlord, he is not liable for
+rent after his use of the land has ceased.
+
+§8. A tenant can not make repairs at the expense of the landlord, or
+deduct the cost of them out of the rent, unless by special agreement.
+But if the premises, from want of repair, have become unsafe or useless,
+the tenant from year to year may quit without notice; and he would not
+be liable for rent after the use had ceased to be beneficial.
+
+§9. When rent is due, payment may be made or tendered upon the premises;
+and if no place of payment has been agreed on, a personal tender off the
+land is also good. As to the time of payment, where there is no special
+agreement to the contrary, rent is due yearly, half-yearly, or
+quarterly, according to the usage of the country. Where there is no
+particular usage, the rent is due at the end of the year.
+
+§10. An _estate at will_ is where land is let to another, to hold at the
+will of the lessor. Tenancies at will, strictly such, are not common.
+Such estates, when no certain term is agreed on, are construed to be
+tenancies from year to year, and each party is bound to give reasonable
+notice of an intention to terminate the lease. If the tenant holds over
+after the expiration of a lease for years, either by express consent, or
+under circumstances implying consent, it is held to be evidence of a new
+contract without any definite period, and is construed to be a tenancy
+from year to year: and in those states where the old English rule
+prevails, six months' notice must be given the tenant to quit.
+
+§11. What turns leases for uncertain terms into leases from year to
+year, is the landlord's reserving annual rent. A tenant placed on land
+without any terms prescribed or rent reserved, is strictly a tenant at
+will; and it has been held that such tenant is not entitled to notice to
+quit; but the general rule now seems to be, that even in such case the
+six months' notice is necessary; or, as in some states, a reasonable
+notice.
+
+§12. An _estate at sufferance_ is that which is acquired by a tenant who
+has come into lawful possession of land, but who holds over by wrong
+after his interest has ceased. He is not entitled to notice to quit; and
+where there is no special statute, he is not liable for rent; and the
+landlord may enter, and remove the tenant and his goods with such gentle
+force as may be necessary. If undue force is used, the landlord would be
+liable to an action for forcible entry and detainer.
+
+
+
+
+Chapter LIV.
+
+Contracts in General.
+
+
+
+§1. A _contract_ is an agreement between two or more persons, by which
+the parties agree to do, or not to do, a particular thing. Contracts are
+_executory_, when the stipulations remain to be executed, or when one
+party agrees to sell and deliver, at a future time, for a stipulated
+price, and the other agrees to accept and pay. Contracts are _express_,
+when the parties contract in express words, or by writing; _implied_,
+when an act has been done which shows that the parties must have
+intended to contract; as, when a person employs another to do some
+service, it is presumed that the party employing intended to pay for the
+labor performed.
+
+§2. Contracts are also distinguished as specialties and simple
+contracts. A _specialty_ is a contract under seal; as a deed, or a bond.
+But we shall here consider chiefly that common class of contracts called
+_simple contracts_, or _contracts by parol_. _Parol_ signifies by word
+of mouth. Applied to contracts, however, it not only means verbal
+contracts, but includes written contracts not under seal. Both are
+simple contracts; the distinction between them is in the mode of proof.
+The mutual understanding of the parties to a verbal contract may be
+proved by parol evidence. But as the real intention of parties is more
+likely to be expressed in a written contract, the rule of law is, that
+parol evidence may not be admitted to contradict or vary the terms of a
+written instrument. It may however be admitted to explain what is
+doubtful, or to supply some deficiency.
+
+§3. To make a valid contract, _the parties must be capable of
+contracting_. They must be of sound mind. Hence idiots and lunatics are
+generally incompetent to make contracts. Contracts by lunatics and
+idiots are not necessarily void, but only _voidable_; the validity or
+invalidity depending upon facts to be proved. To avoid a contract on the
+ground of mental imbecility, it must be proved that the party
+contracting was at the time incompetent. But if a general derangement is
+once established or conceded, the person is presumed to be incompetent;
+and the party seeking to enforce the contract must prove the other to
+have been sane. The general rule in the case of idiots is, that if the
+party is incapable of acting in the ordinary affairs of life, or in the
+particular contract, his idiocy will annul the contract.
+
+§4. Drunkards also are incompetent to contract while in a state of
+intoxication, provided the drunkenness is such as to deprive them of
+reason for a time, and create impotence of mind. But for absolute
+necessaries, if the drunkard consumes them during his drunkenness, or
+keeps them after becoming sober, he is liable. Intoxication only renders
+a contract voidable, not void, as the party intoxicated may adopt it on
+recovering his understanding.
+
+§5. Another requisition to a valid contract, is the _mutual assent of
+the parties_. A mere offer by one party not assented to or accepted by
+the other, constitutes no contract. Assent must also be given freely. A
+contract entered into under duress, or compulsion, is not binding; as
+where assent is extorted by threats of personal injury. Assent must also
+be given with a knowledge of facts. A contract made under an injurious
+mistake, or ignorance of a material fact, may be avoided, even though
+the fact is not fraudulently concealed. But a mistake made through
+ignorance of the law, will not render a contract void.
+
+§6. A _valuable consideration_ also is necessary to a valid contract. A
+_consideration_ is what is given or done, or to be given or done, as the
+cause or reason for which a person enters into an agreement. Thus, the
+money given or offered, for which a man agrees to perform certain labor,
+is the consideration of the agreement. So the money or other thing for
+which a promissory note is given, is the consideration. A valuable
+consideration is any thing that is either a benefit to the party
+promising, or some trouble or injury to the party to whom the promise is
+made.
+
+§7. Mutual promises are sufficient considerations to make a contract
+binding; but they must be made at the same time. Such promises support
+each other. The promise of one party constitutes a sufficient
+consideration for a promise by the other party. In case the parties are
+distant from each other, if the proposition is made in writing and sent
+by mail, and a letter of acceptance is written and put in the mail, the
+contract is complete, unless, before mailing the letter of acceptance,
+a second letter has been received containing a retraction of the
+proposal.
+
+§8. Promises which are wholly gratuitous are void; because, being
+neither a benefit to the promiser, nor an injury to the promisee, they
+are not regarded in law as a valuable consideration. Hence,
+subscriptions to public works and charitable, literary, and religious
+institutions, if they are merely gratuitous, can not be collected,
+unless they have operated to induce others to advance money, make
+engagements, or do other acts to their own injury.
+
+§9. As gratuitous promises are void for want of consideration, so merely
+gratuitous services, as voluntarily assisting to save property from
+fire, or securing beasts found straying, or paying another's debts
+without request, afford no consideration upon which payment for their
+value can be lawfully claimed; there being no promise of compensation.
+But if a person knowingly permits another to do certain work, as plowing
+his field, or hoeing his corn, although the work may have been commenced
+without his order or request, his consent will be regarded in law as an
+_implied promise_ to pay for the value of the labor, unless the
+circumstances of the case are such as to forbid the presumption.
+
+§10. A consideration must also be _possible_, and in accordance with
+law, sound policy, and good morals. A contract founded upon an
+impossible consideration is void. No man can be lawfully bound to do
+what is not in the power of man to do. But it is otherwise, if the thing
+to be done is only at the time impossible in fact, but not impossible in
+its nature. Hence, inability from sickness to fulfill an agreement, or
+the impossibility of procuring an article of a certain kind or quality
+which a person has agreed to deliver, would not exempt him from
+liability in damages for the non-performance of his contract.
+
+§11. A contract, the consideration of which is _illegal_ or _immoral_,
+may be avoided by either party. A man can not be held to an agreement to
+do acts forbidden by the law of God or by the laws of the state. But if
+an illegal contract has been executed; in other words, if the wrong has
+been done, the party in the wrong can not renounce the contract; for the
+general rule is, that no man can take advantage of his own wrong; and
+the innocent party alone has the privilege of avoiding the contract. If
+both parties are guilty, neither can, in ordinary cases, obtain relief
+on a contract that has been executed.
+
+§12. The rule that a consideration is necessary to a valid contract
+applies to all contracts and engagements not under seal, except bills of
+exchange and negotiable notes after they have passed into the hands of
+an innocent indorsee. (See Promissory Notes.) In contracts under seal, a
+consideration is necessarily _implied_ in the solemnity of the
+instrument.
+
+§13. It is declared by the English statute of frauds, which prevails
+generally in the United States, that an agreement which is not to be
+performed within one year from the time of making it, shall not be
+valid, unless such agreement, or some memorandum or note thereof, is in
+writing, and signed by the party to be charged. The statutes of some of
+the states have adopted this provision of the English statute, and
+require further, that a special promise to answer for the debt, default,
+or misdoing of another person, and an agreement or promise upon
+consideration of marriage, (except mutual promises to marry,) shall
+likewise be void without such writing, in which the consideration shall
+be expressed.
+
+
+
+
+Chapter LV.
+
+Contracts of Sale.
+
+
+
+§1. A Sale is a transfer of the title to property to another person for
+a certain price; or the exchange of a commodity for its equivalent value
+in money. The exchange of one commodity for another, is _barter_.
+Unless the absolute title is conveyed, the contract is merely a
+mortgage. The same general principles of law which apply to contracts in
+general, are applicable to contracts of sale, viz.: the competency of
+the parties to contract; the sufficiency of the consideration; its
+legality and morality; the assent of the parties; and the absence of
+fraud.
+
+§2. To make a sale valid, the thing to be sold must have an _actual or a
+possible existence_, and be _capable of delivery_. Thus, if A sells a
+horse or certain goods to B; and if, at the time of the sale, the horse
+is dead, or the good? are destroyed; the sale is void. If the goods are
+partially destroyed, the buyer may either take them at a proportionate
+reduction of the price, or abandon the contract.
+
+§3. But, although the thing to be sold has no actual and present
+existence; yet if its future existence is possible, and if it is the
+product or increase of something to which the seller has a present
+right, it is the subject of sale. Thus, a man may sell the wool that may
+grow on his sheep, the fruit that may grow on his trees, or the future
+increase of his cattle. But he cannot sell the products of the sheep or
+cattle which he may hereafter buy. A man may, however, agree to procure
+goods which he has not, and to furnish at a future time, for a certain
+price; and his contract will be good; though this is not strictly a
+sale, but an agreement to sell.
+
+§4. There can be no sale without a _price_; and the price must be fixed
+and definite, or susceptible of being ascertained by reference to some
+criterion prescribed in the contract, so as to render any further
+negotiation of the parties unnecessary. Thus, a man may agree to pay
+what shall be the market price at a particular time, or a price to be
+fixed by a third person. The price must also be payable in money or its
+negotiable representative, as notes or bills. One article given for
+another is merely _barter_. The same principles of law, however, govern
+in both cases.
+
+§5. There must be a _mutual consent of the parties_, and the contract is
+binding when a proposition made by one party is accepted by the other.
+The negotiation may be carried on by letter, as before stated. (Chap.
+LIV, §7.)
+
+§6. In contracts of sale which are not perfected at once by payment and
+delivery, certain formalities are to be observed. These forms generally
+are prescribed by what is called the English statute of frauds, which
+requires, (1.) that the buyer shall accept and receive part of the goods
+sold; or (2.) give something in earnest to bind the bargain, or in part
+payment; or (3.) that some note or memorandum in writing of the bargain
+shall be made and signed by the party to be charged, or by his
+authorized agent. These provisions, however, apply only to cases in
+which the price of the goods sold is ten pounds sterling, or more. The
+same rule prevails generally in this country, with slight variations in
+some states. The price of the goods sold, in cases to which the
+provisions of that statute apply, is fixed by law in many of the states,
+and varies from $30 to $200.
+
+§7. To complete a contract of sale, and pass the title to the property
+to the buyer, there must be a _delivery of the goods sold_. When the
+goods are such as cannot be manually or immediately delivered, or are
+not in the actual custody of the seller, the law does not require an
+actual delivery. But they must be placed in the power of the purchaser;
+or there must be such acts and declarations of the parties as imply a
+change of ownership. When the right of property has been transferred to
+the buyer, whether by an actual or only a constructive delivery, he
+immediately assumes the risk of the goods; so that if they shall be
+afterward injured or destroyed, he must bear the loss.
+
+§8. When nothing is said at the sale as to the time of delivery, or the
+time of payment, the buyer is entitled to the goods on payment or tender
+of the price, and not other wise; for, though he acquires the _right of
+property_ by the contract of sale, he does not acquire the _right of
+possession_, until he pays or tenders the price. But if the seller
+delivers the goods absolutely, and without fraudulent contrivance on
+the part of the buyer, the buyer will hold possession of them.
+
+§9. But when goods are sold on credit, and nothing is said as to the
+time of delivery, the buyer is immediately entitled to the possession.
+If, however, it is ascertained, before the buyer obtains possession of
+the goods, that he is insolvent, or so embarrassed as to disable him
+from meeting the demands of his creditors, the seller may stop the goods
+as a security for the price. But if they are stopped without good cause,
+or through misinformation, the buyer is entitled to the goods, and to
+damages which he may have sustained in consequence of their stoppage.
+
+§10. In the sale of a chattel, if the seller has possession of the
+article, and sells it as his own, he is understood to _warrant the
+title_. A fair price implies a warranty of title; and the purchaser may
+have satisfaction from the seller, if he sells goods as his own, and the
+title proves deficient. But if the possession is at the time in another,
+and there is no covenant or warranty of title, the party buys at his
+peril. It is thought, however, if the seller affirms that the property
+is his own, he warrants the title, though it is not in his possession.
+
+§11. With regard to the _quality_ of the thing, the seller is not bound
+to make good any deficiency, except under special circumstances, unless
+be expressly warranted the goods to be sound and good, or unless he made
+a fraudulent representation or concealment concerning them. The rule is,
+if there is no express warranty by the seller, nor fraud on his part,
+and if the article is equally open to the inspection of both parties,
+the buyer who examines the article for himself, must abide by all losses
+arising from latent defects equally unknown to both parties.
+
+§12. But this rule does not reasonably apply to cases in which the
+purchaser has ordered goods of a certain character, or in which goods of
+a certain described quality are offered for sale, and, when delivered,
+they do not answer the description. There being no opportunity of
+examining them, there is an _implied_ warranty of the quality. An
+intentional concealment or suppression of a material fact, when both
+parties have not equal access to means of information, is unfair
+dealing, and renders the contract void.
+
+§13. As a general rule, each party is bound to communicate to the other
+his knowledge of material facts, provided he knows the other to be
+ignorant of them, and they are not open and naked, or equally within the
+reach of his observation. Surely the _moral law_ and fair dealing
+require, in all cases, a full disclosure of all defects within the
+knowledge of the contracting parties.
+
+
+
+
+Chapter LVI.
+
+Fraudulent Sales; Assignments; Gifts, &c.
+
+
+
+§1. The title to property is sometimes transferred with fraudulent
+intent. A debtor, to place his property beyond the reach of his
+creditors, sells or assigns it to others by way of mortgage, under the
+false pretense of securing the payment of a debt; the property to remain
+in the possession and use of the assignor.
+
+§2. Any agreement which operates as a fraud upon third persons, is void.
+It is a rule of common law, that all deeds of gift, and all transfers of
+goods and chattels made by any person to secure them for his future use,
+shall be void as against creditors; and that if property assigned or
+sold remains with the seller or assignor, the transaction is to be
+presumed fraudulent. But whether such conveyance of goods is only _prima
+facie_ (at first view) evidence of fraud, which the vendee or assignee
+may rebut by proving the sale or assignment to have been made honestly
+and in good faith; or whether the transaction is fraudulent in point of
+_law_, and void, is a question upon which the decisions of the courts
+in England as well as those in this country differ, and which,
+therefore, may be considered as not conclusively settled.
+
+§3. Some have made a distinction between bills of sale and assignments
+that are absolute and those that are conditional. The supreme court of
+the United States has affirmed the doctrine that an absolute and
+_unconditional_ bill of sale or conveyance, when the property is
+retained in possession, is of itself conclusive evidence of fraud; in
+other words, it is presumed to be fraud in point of law, whatever it may
+be in fact. It has been held by the same court, that a conveyance with a
+_condition_ that the property is to remain with the vendor until the
+condition shall be performed, or a conveyance in the nature of a
+mortgage or security, expressing an agreement between the parties, that
+the mortgager shall retain possession, is valid.
+
+§4. In some states, the doctrine established by the courts is, that a
+continuance of possession is only _prima facie_ evidence of fraud; in
+which case the mortgagee or assignee is allowed to show by proof, that
+the conveyance was made in good faith and for a valuable consideration.
+In other states, the strict rule prevails, that, without a change of
+possession, the transaction is fraudulent _in law_; in which case the
+assignee, or person claiming the property under the assignment, is not
+permitted to show that, in point of _fact_, the transaction was _bona
+fide_, (in good faith.)
+
+§5. The rule that holds every conveyance to be fraudulent unless the
+property immediately changes hands, often operates to inconvenience and
+even injury of honest debtors. A debtor may be obliged to part with
+property, however convenient or needful its present use may be to him,
+when, but for this stringent rule of law, he might borrow the money to
+pay a debt, or procure a postponement of payment, and retain the use of
+the property pledged.
+
+§6. In many of the states, this perplexing question has been settled by
+statute. In the state of New-York, the law expressly declares, that a
+sale or an assignment without immediate delivery and a change of
+possession, shall be presumed to be fraudulent and void as against
+creditors, unless the party claiming the property under the assignment
+shall make it appear that the same was made in good faith, and without
+any attempt to defraud. Laws more or less similar to this, and securing
+to the assignor the use of the mortgaged property, are believed to exist
+in a majority of the states. The instruments conveying the property are
+usually called _chattel mortgages_, and are required to be recorded as
+deeds; in New-York, and perhaps a few other states, only filed in the
+town or county clerk's office.
+
+§7. In the sale of personal property, though there should be a judgment
+against the vendor, and the purchaser should have notice of it, that
+fact would not of itself render the sale fraudulent. But if the
+purchaser, knowing of the judgment, purchases with the view or purpose
+to defeat the creditor's execution, the transaction is fraudulent. The
+question of fraud depends upon the motive.
+
+§8. Assignments are sometimes made by debtors for the benefit of their
+creditors. A person deeply indebted, or in embarrassed circumstances,
+assigns his property, in trust, to one or more persons, who are to
+dispose of it, and to apply the avails to the payment of his creditors,
+or a part of them; for the law does not forbid a debtor's giving a
+preference to one or more creditors over others, provided the assignment
+is for a sufficient consideration. A debtor may directly assign or
+transfer all his property to a single creditor, and the assignment be
+valid; but if the value of the property is manifestly excessive, and
+disproportionate to the debt which it is intended to cover, the other
+creditors have a right to the surplus.
+
+§9. When an embarrassed debtor agrees to pay his creditors a certain
+proportion of their claims in consideration of a discharge of their
+demands, if he privately agrees to give a better or further security to
+one than to others, the contract is void; because the condition upon
+which they agree to discharge the debtor is, that they shall share
+equally.
+
+§10. A gift, or conveyance founded merely upon a consideration of
+affection, or blood, or consanguinity, may be set aside by creditors, if
+the grantor was in embarrassed circumstances when he made it; for a man
+is bound, both legally and morally, to pay his debts before giving away
+his property. But if he is indebted to only a small amount in proportion
+to the value of his property, and wholly unembarrassed, the gift is not
+rendered voidable by his indebtedness, even though he should afterwards
+become insolvent.
+
+
+
+
+Chapter LVII.
+
+Bailment.
+
+
+
+§1. The word _bailment_ is from _bail_, French, to deliver. (Chap.
+XVIII, §14.) Bailment, in law, is a delivery of goods, in trust, upon
+agreement that the trust shall be executed, and the goods restored by
+the bailee, when the purpose of the bailment shall have been, answered.
+
+§2. A person who receives goods to be kept and returned without reward,
+must keep them with reasonable care, or, if they receive injury, he will
+be liable for the damage: in other words, he is responsible only for
+gross neglect. Gross neglect is a want of that care which every man of
+common sense takes of his own property. A _depositary_, who is a person
+with whom goods are deposited, has no right to use the goods intrusted
+to him.
+
+§3. A _mandatary_, or one who undertakes to do an act for another
+without recompense, in respect to the thing bailed to him, is
+responsible for gross neglect, if he undertakes and does the work amiss;
+but it is thought that for agreeing to do, and not undertaking or doing
+at all, he is not liable for damage.
+
+§4. The borrower of an article, as a horse, carriage, or book, without
+reward, is liable for damage in case of slight neglect. But if the
+article is applied only to the use for which it is borrowed, is used
+carefully by the borrower only, and returned within the time for which
+it was borrowed, he is not liable.
+
+§5. Property taken in pledge as security for a debt or an engagement,
+must be kept with ordinary care; in other words, the pawnee is
+answerable only for ordinary neglect; and if the goods should then be
+lost or destroyed, the pawner is still liable for the debt. If the
+pawnee derives any profit from the use of the property, he must apply
+the profits, after deducting necessary expenses, toward the debt.
+
+§6. Another kind of bailment is the hiring of property for a reward. If
+an article is injured or destroyed without any fault on the part of the
+hirer, the loss falls on the owner, for the risk is with him.
+
+§7. If work or care is to be bestowed for a recompense on the thing
+delivered, the workman is liable for ordinary neglect; and the work must
+be performed with proper skill, or he is answerable for damage. If a
+tailor receives cloth to be made into a coat, he is bound to do it in a
+workmanlike manner.
+
+§8. Innkeepers are in general responsible for all injuries to the goods
+and baggage of their guests, even for thefts. But for loss caused by
+unavoidable accident, or by superior force, as robbery, they are not
+liable.
+
+§9. A person who carries goods for hire in a particular case, and not as
+a common carrier, is answerable only for ordinary neglect, unless he
+expressly takes the risk of a common carrier.
+
+§10. A common carrier is one who carries goods for hire as a common
+business, whether by land or by water, and is responsible to the owner
+of the goods, even if robbed of them. He is in the nature of an insurer,
+and is answerable for all losses, except in cases of the act of God, as
+by lightning, storms, floods, &c. and public enemies, as in time of war.
+
+§11. A common carrier is bound to receive from any person paying or
+tendering the freight charges, such goods as he is accustomed to carry,
+and as are offered for the place to which he carries. But he may refuse
+to receive them if he is full, or if they are dangerous to be carried,
+or for other good reasons. He may refuse to take them unless the charges
+are paid; but if he agrees to take payment at the end of the route, he
+may retain them there until the freight is paid. A carrier must deliver
+freight in a reasonable time; but he is not liable for loss by the
+freezing of a river or canal during his voyage, if he has used due
+diligence.
+
+§12. Proprietors of a stage coach do not warrant the safety of
+passengers as common carriers; and they are not responsible for mere
+accidents to the persons of the passengers, but only for the want of due
+care. Slight fault, unskillfulness, or negligence, either as to the
+sufficiency of the carriage, or to the driving of it, may render the
+owner responsible in damages for injury to passengers. But as public
+carriers, they are answerable for the loss of a box or parcel of goods,
+though ignorant of its contents, unless the owner fraudulently conceals
+the value or nature of the article, or deludes the carrier by treating
+it as of little or no value. Public carriers are responsible for the
+baggage of their passengers, though they advertise it as being at the
+risk of the owners.
+
+
+
+
+Chapter LVIII.
+
+Principal and Agent, or Factor; Broker; Lien, &c.
+
+
+
+§1. An _agent_, or factor, is a person intrusted with the management of
+the business of another, who is called _principal_. The words _agent_
+and _factor_ both signify a deputy, a substitute, or a person acting
+for another; but _agent_ seems to be the more comprehensive term, being
+applied to one who is intrusted by another with any kind of business;
+_factor_ more properly denotes an agent employed by merchants residing
+in other places to buy and sell, and transact certain other business on
+their account. A factor, from his being commissioned or authorized to
+act for his principal, and especially if allowed a commission, or a
+certain rate per cent, of the value of the goods bought or sold, is
+called a _commission merchant_.
+
+§2. If a factor advances money on property intrusted to him, he can hold
+it until the money shall be refunded, and all charges paid. If the
+actual owner of the property is unknown to the factor, the person in
+whose name the goods were shipped, is to be deemed the owner.
+
+§3. The right of a factor to hold property against the owner in
+satisfaction of a demand, is called _lien_; and the factor may sell the
+goods to satisfy his claim; but he must pay the surplus, if any, to the
+principal or owner. A factor can not pledge goods intrusted to him for
+sale, as security for his own debts. If he disposes of merchandise
+intrusted or consigned to him, and applies the avails to his own use,
+with intent to defraud the owner, he may be punished by fine and
+imprisonment.
+
+§4. How far, in ordinary business, a principal is bound by the acts of
+an agent, it is not easy to determine. As a general rule the acts of a
+general agent; that is, one who either transacts all kinds of business
+for his employer, or who does all acts connected with a particular
+business or transaction, or which relate to some particular department
+of business, bind his principal, so long as he keeps within the general
+scope of his authority, though he may in some special cases act contrary
+to his private instructions. But an agent employed for a particular
+purpose, if he goes beyond the limits of his power, does not bind his
+principal.
+
+§5. An agent is bound, in ordinary cases, to observe the instructions of
+his principal, even though an act contrary to such instructions should
+be intended for the benefit of the principal. The agent must bear,
+personally, all losses growing out of a non-compliance with his orders;
+and the profit accruing therefrom goes to the benefit of the principal.
+An agent, however, is excused from a strict compliance with his orders,
+if, after receiving them, some sudden and unforeseen emergency has
+arisen, in consequence of which such compliance would operate as an
+injury to the principal, and frustrate his intention.
+
+§6. When an agent receives no instructions, he must conform to the usage
+of trade, or to the custom applicable to the particular agency; and any
+deviation therefrom, unless justified by the necessity of the case,
+renders him solely liable for any loss or injury resulting from it.
+
+§7. An agent is bound to exercise ordinary diligence and reasonable
+skill; and he is responsible only for the want thereof. Ordinary
+diligence is that which persons of common prudence use in conducting
+their own affairs. Reasonable skill is that usually possessed by persons
+of common capacity employed in the same business.
+
+§8. If an agent exceed the limits of his authority, he becomes
+personally responsible to the person with whom he deals, if the
+limitations of his authority are unknown to such person. He is in like
+mariner responsible, if he makes a contract in his own name; or if he
+does not disclose the name of the principal, so as to enable the party
+with whom he deals to have recourse to the principal in case the agent
+had authority to bind him. And if the agent even buys in his own name,
+but for the principal, and without disclosing his name, the principal
+also is bound, provided the goods come to his use. Also if the principal
+is under age, or a lunatic, or otherwise incompetent to contract, the
+agent is liable.
+
+§9. A _broker_ is an agent employed to negotiate sales between parties
+for a compensation in the form of a commission, which is commonly called
+_brokerage_. His business consists chiefly in negotiating exchanges; or
+in buying and selling stocks, goods, ships, or cargoes; or in procuring
+insurances and settling losses; and as he confines himself to one or the
+other of these branches, he is called an exchange broker, stock broker,
+insurance broker, &c. A broker differs from a factor. He has not the
+custody of the goods of his principal. He is merely empowered to effect
+the contract of sale; and when this is done, his agency ends. If a
+broker executes his duties in such a manner that no benefit results from
+them, or is guilty of gross misconduct in selling goods, he is not
+entitled to a commission or compensation.
+
+§10. A _lien_, as the claim of a factor upon goods intrusted to him for
+sale, has been noticed. (§3.) The right of lien extends to others than
+factors. It is intended also for the benefit of manufacturers,
+mechanics, and other persons carrying on business for the accommodation
+of the public. A tailor has a lien upon the garment made from another's
+cloth until he is paid for the making; a shoemaker upon the shoes made
+from another's leather; a blacksmith upon the horse he has shod; an
+innkeeper upon the horse or goods of his guest; and common carriers upon
+the goods they transport. But they cannot hold the property for any
+other debt; nor can they sell it to satisfy their claim. Whenever a
+person allows property to go out of his possession, he loses his lien.
+
+
+
+
+Chapter LIX.
+
+Partnership.
+
+
+
+§1. A partnership is an association formed by contract between two or
+more persons, for joining their money, labor, or skill, in lawful
+business, the profits to be divided and the loss to be borne by the
+partners in certain proportions. It is a partnership if one furnishes
+the funds and the other performs the labor; or if, when no money is
+necessary, each agrees to do his share of the labor. A partnership or
+association of this kind is denominated a _firm_, or _house_.
+
+§2. The act of any one of the firm is considered the act of all, and
+binds all; and either of them is liable for all the debts. But if a bill
+or note is drawn by one partner in his own name only, without appearing
+to be on partnership account, he alone is bound, though it were made for
+a partnership purpose. A partner buying goods on his own account for his
+individual use, is alone liable; but if they afterward go to the use of
+the partnership, all become responsible.
+
+§3. Sometimes a person agrees to receive, by way of rent, a portion of
+the profits of a farm, a tavern, or a manufactory; or an agent or a
+clerk receives a share of the profits for his labor. But as there is in
+these cases no partnership, the persons who buy the stock and hire the
+labor are alone responsible.
+
+§4. All the partners must unite in suing and being sued. One who should
+conceal his name so as not to be known when the debt is contracted, may
+be sued when discovered to be a partner, if he shares in the profits of
+the trade.
+
+§5. A partner cannot sell his interest to another person, who is to take
+his place in the partnership, without the consent of all the partners:
+nor can a partner, without such consent, withdraw when he pleases, and
+dissolve the partnership, except in cases in which the partnership is
+without any definite term. A partnership is dissolved by the death,
+insanity, bankruptcy, or other inability of one of the parties.
+
+§6. When a partnership is dissolved by the withdrawal of any of the
+partners, notice of dissolution ought to be duly published, or a firm
+may be bound by a contract made by one partner in the usual course of
+business and in the name of the firm, with a person who contracted on
+the faith of the partnership, and who had no notice of the dissolution.
+The same notice is necessary to protect a retiring partner from
+continued responsibility. And even if due notice is given, yet, if he
+willingly suffers his name to continue in the firm, or in the title of
+the firm over the door of the shop or store, he may in certain cases be
+liable.
+
+§7. In some of the states, a partnership may be formed by a number of
+persons, some of whom are to be responsible only to a limited amount;
+and their names are not to be used in the firm. Before a partnership of
+this kind can do business, a writing and certificate signed by the
+parties stating the terms of partnership, and the amount for which the
+_special partners_ (as they are called) are to be responsible must be
+recorded. The terms of partnership must also be published in a
+newspaper.
+
+§8. In these _limited_ partnerships, as they are termed, the special
+partners are liable only to the amount stated in the terms of
+partnership. The other partners, called _general partners_, whose names
+only are used, and who transact the business, are liable for all the
+debts contracted, as in ordinary partnerships. If such partnership is to
+be dissolved by act of the parties before the expiration of the term for
+which it is formed, notice of dissolution must be filed and recorded,
+and published in a newspaper. Such is the law in the state of New York;
+and it is presumed to agree, in its most essential provisions, with the
+laws of the other states in which these partnerships are authorized.
+
+
+
+
+Chapter LX.
+
+Promissory Notes.
+
+
+
+§1. A promissory _note_ is a written promise to pay a specified sum at a
+certain time, to a person named, or to his order, or to the bearer. A
+common form of a note is the following:
+
+     $100. Albany, June 9, 1859.
+
+     Three months after date, I promise to pay to James Smith, or
+     bearer, one hundred dollars, value received.
+
+     John Brown.
+
+§2. A note thus payable to Smith or bearer, or to him or his order, is
+called _negotiable_, because it may be sold or transferred to any other
+person, who has the same power to sue for and collect the money, as
+Smith, the original promisee. If it were made payable to Smith _or
+order_, he must indorse it by writing his name on the back of it, before
+it would pass as a negotiable note. The indorsement is considered as the
+order of Smith to the maker to pay it to any other person. But, though
+not negotiable, it might be transferred; but the holder must sue in the
+name of Smith, and Brown might offset any demands which he has against
+Smith.
+
+§3. An indorsement, made by writing the name only on the back of a note,
+is called a _blank_ indorsement. A full indorsement is one which points
+out the person to whom the note is to be paid. A blank indorsement may
+be filled up at any time by the holder. For example: A note is payable
+to "John Jay or order," or to "the order of John Jay," who indorses it
+in blank which makes it payable to any other holder. Now if any holder
+or indorsee wishes it paid to any particular person, he fills up the
+blank by writing a request to that effect above the name of the
+indorser, thus: "Pay to George Bruce," or "Pay to George Bruce or
+order;" who, again, may by indorsement order it paid to some particular
+person. Or, if he should indorse it in blank, or order it paid "to the
+_bearer_," it would again pass, as at first, by mere delivery.
+
+§4. In common business transactions in the country, notes intended to be
+negotiable are usually made payable to bearer, as in the form given.
+(§1.) The young reader, or other person inexperienced in business, may
+not know why they are not always so written. The making of a note
+payable to order protects the holder or owner in case the note should be
+lost. Take, for example, the note supposed in the preceding section,
+indorsed in blank. Suppose the owner resides in Buffalo, and the maker
+in Detroit. The owner writes over the name of John Jay, "Pay to George
+Bruce," also residing in Detroit, to whom it is sent by mail, to be by
+him presented to the maker for payment. And should the note by accident
+or fraud fall into the hands of another, it being payable to Bruce only,
+or to his order, the parties are protected from loss.
+
+§5. As a contract is not binding without a valuable consideration,
+(Chap. LIV, §6,) the words "value received" are inserted in notes, as
+evidence of such consideration. But where there is no statute requiring
+the insertion of these words, a note is good without them. Whether they
+are inserted or not, the note is presumed to have been given for a
+valuable consideration; and the maker, to avoid his obligation to pay
+it, must make it appear that no value was received.
+
+§6. A note made by two or more persons may be joint or joint or several.
+When it is written, "We promise to pay," it is only a joint note, and
+all must be sued together. If written, "We jointly and severally promise
+to pay," they may be sued either jointly or separately. Also if written
+"I promise to pay," it is treated as a joint and several note. A note
+written, "We promise," and signed, A. B., principal, and C. D.,
+security, is the joint note of both; and if written, "I promise," and
+signed in the same manner, it is the joint and several note of both.
+
+§7. Any person having in possession a negotiable note, though a mere
+agent, is deemed the true owner, and may sue it in his own name, without
+showing title. The _bona fide_ holder can recover upon the paper, though
+it came to him from a person who had stolen or robbed it from the true
+owner; provided he took it innocently in the course of trade for a
+valuable consideration before it was due, and with due caution. But if
+suspicion is cast upon the title of the holder, by showing that the
+instrument has got into circulation by force or fraud, then the holder
+must show the consideration he gave for it.
+
+§8. Ordinarily, a person can not convey to another a valid title to
+property which is not lawfully his own; and hence the purchaser of
+stolen goods must give them up to the lawful owner. The exception to
+this rule, in the case of promissory notes, seems to be founded in
+reason and good policy. The use of negotiable paper in commercial
+transactions is of great public convenience; and it is proper that, for
+the sake of trade, protection should be given to the holder of such
+paper who receives it fairly in the way of business, though it has been
+paid, if he received it before it fell due.
+
+§9. But it is equally material for the interests of trade, that the
+owner should have due protection. Hence if a person takes a note from a
+stranger without inquiring how he came by it; or does not take it in the
+usual course of business, or for some responsibility incurred on the
+credit of the note, he takes it at his peril. But the owner, in order to
+place his right to relief beyond question, ought to use diligence in
+apprising the public of the loss of the note.
+
+§10. A person buying a note after it has become due, takes it at his
+peril. Although the holder may sue it in his own name, the maker may
+offset any demands which he had against the promisee before it was
+transferred, as in the case of notes not negotiable. (§2.) But when
+notes in which no day of payment is expressed comes under this rule, is
+a question to be determined by circumstances. In New Jersey and
+Pennsylvania, the words "without defalcation or discount," or words to
+that effect, must be inserted in notes, or they may be met by offsets as
+notes that are bought after due.
+
+§11. A note made payable in some commodity is not negotiable. If it is
+not paid according to the conditions therein expressed, the maker
+becomes liable to pay in cash. But in either case, if it passes to a
+third person, he can sue it only in the name of the promisee or payee;
+and it may be met by offsets as other notes not negotiable, (§2,) and
+notes bought after due. (§10.)
+
+§12. Notes payable _on demand_, or in which no time of payment is
+mentioned, are due immediately, and no demand of payment is necessary.
+But a note payable _at sight_, or at a specified time after sight, must
+be presented for payment before it can be sued. If the words "with
+interest" are omitted, interest commences at the time the note becomes
+due. If payable on demand, it will draw interest from the time when
+payment is demanded.
+
+§13. After the day on which a note is made payable, the maker has three
+days in which to make payment, which are called _days of grace_. Hence,
+a note payable on the first day of the month is not due and suable until
+the fourth. If, however, the last day of grace falls on Sunday, or the
+fourth of July, or any other day recognized by law as a holiday, or day
+of public rest, the last day of grace would be a day earlier. If the
+fourth of July or any other holiday should come on Saturday, the note
+would be due on Friday. Or if such day should fall on Monday, the last
+day of grace would be Saturday.
+
+§14. To hold the indorser of a note responsible, payment must be
+demanded of the maker on the last day of grace. As to the time of day
+when the demand should be made, it is considered that the maker is
+entitled to the latest convenient time within the customary business
+hours of the place where the note is presented.
+
+§15. If payment has been demanded and refused, notice thereof must be
+given to the indorser; and one entire day is allowed the holder to give
+the notice. If the demand is made on Saturday, it is sufficient to give
+notice on Monday. If the indorser resides in the same town, he may be
+notified personally by the holder, or by a messenger sent to his
+dwelling-house, where notice may be given personally, or left in a way
+likely to bring it to his knowledge. If the parties reside in different
+towns, notice may be sent by mail; in which case, the notice must be
+put into the post-office, as early as the next day after the last day of
+grace, so as to be forwarded as soon as possible thereafter: or notice
+may be sent by a private conveyance or a special messenger.
+
+§16. If, in consequence of the removal of the maker before the note
+becomes due, or from any other cause, his residence is unknown, the
+holder must make endeavors to find it, and make the demand there;
+though, if he has removed out of the state, it is sufficient to present
+the note at his former place of residence. If the maker has absconded,
+that will, as a general rule, excuse the demand.
+
+§17. Notes, on being transferred, are guarantied by indorsement. If a
+person simply writes his name on the back, he is liable as indorser
+only. If he guarantees "the payment of the note," he is generally
+considered liable as an original promisor. If he guaranties the note
+"good," or "collectable," the maker, and the indorsers also, if any,
+must be sued, before the guarantor is liable. Strict notice to a
+guarantor is not required to bind him, as in the case of an indorser.
+But to hold him liable in case immediate notice is not given, or the
+note is not immediately sued, it must be shown that he has not suffered
+injury from want of notice, or that the note was not collectable of the
+maker or indorsers when due. But the kind of liability incurred, whether
+that of indorser, original promisor, or surety, by indorsing a note or
+guarantying payment, is not the same in all the states. There are sundry
+other points in the law relating to promissory notes, on which the
+statutes and judicial decisions are not uniform in all the states.
+
+
+
+
+Chapter LXI.
+
+Bills of Exchange; Interest; Usury.
+
+
+
+§1. A bill _of exchange_ is a written order or request to a person in a
+distant place, to pay a third person a certain sum of money. The
+following is a common form:
+
+     $1,000. New-York, August 10, 1859.
+
+     Twenty days after date, (or at sight, or ten days after sight,) pay
+     to the order of John Stiles, one thousand dollars, value received,
+     and charge the same to account of
+
+     To George Scott, Thomas Jones.
+
+     New Orleans, La.
+
+§2. Bills drawn on persons in foreign countries, are called _foreign_
+bills of exchange; those drawn on persons in distant places in our own
+country, are called _inland_ bills of exchange. To persons in mercantile
+business they are of great convenience, as will be seen from the
+following example of their nature and operation.
+
+§3. A, in New-York, has $1,000 due him from B, in New Orleans. A draws
+an order on B for that sum, and C, who is going to New Orleans, pays A
+the money, takes the order, and receives his money again of B. Thus A is
+accommodated by receiving his debt against B, and O has avoided the risk
+of carrying the money from place to place. A, who draws the order, or
+bill, is called the _drawer_. B, to whom it is addressed, is the
+_drawee_; C, to whom it is made payable, is the _payee_. As the bill is
+payable to C, or his order, he may, by indorsment, direct the bill to be
+paid to D; in which case C becomes the _indorser_, and D, to whom the
+bill is indorsed, is called the _indorsee_ or _holder_.
+
+§4. If, when a bill is presented to the drawee, he agrees to pay it, he
+is said to _accept_ the bill, and writes his acceptance upon it. An
+acceptance may, however, be by parol. The acceptor of a bill is the
+principal debtor; the drawer, the surety. The acceptor is bound, though
+he accepted without consideration, and for the sole accommodation of
+the drawer. But payment must be demanded on the last day of grace; and,
+if refused, notice of non-payment must be given to the drawer, as in the
+case of an indorsed promissory note. (Chap. LX, §15.)
+
+§5. No precise time is fixed by law at which bills payable at sight or a
+certain number of days after sight, must be presented to the drawee for
+acceptance; though an unreasonable delay might discharge the drawer. A
+bill payable on a certain day after date, need not be presented before
+the day of payment, but if presented before due, and acceptance is
+refused, it is dishonored; and notice must be given immediately to the
+drawer. If a bill has been accepted, payment must be demanded of the
+acceptor, when the bill falls due; and if no place is appointed for
+payment, the demand must be made at his house or residence, or upon him
+personally.
+
+§6. A check upon a bank, (Chap. XXIV, §3,) is another kind of negotiable
+paper. It partakes more of the nature of a bill of exchange than of a
+promissory note. It is not a direct promise to pay; but it is an
+undertaking, by the drawer, that the drawee shall accept and pay; and
+the drawer is answerable only when the drawee fails to pay. A check
+payable to bearer passes by delivery; and the bearer may sue on it as on
+an inland bill of exchange.
+
+§7. When a foreign bill of exchange is to be presented for acceptance or
+payment, demand is usually made by a _notary public_; and in case of
+refusal, his certificate of the presentment of the bill and of the
+refusal, is legal proof of the fact in any court. This certificate is
+called _protest_, which means, _for proof_. A protest may be noted on
+the day of the demand; though it may be drawn up in form at a future
+period. Notaries are appointed in all towns and cities of commercial
+importance.
+
+§8. A protest of an inland bill of exchange is not generally deemed
+necessary in this country; though it is the practice to have bills,
+drawn in one state on persons in another, protested by a notary. No
+protest is legal evidence in court, except in the case of a foreign
+bill. Yet it is expedient, in many cases of inland bills, to employ
+notaries when evidence is to be preserved, because they are easily found
+when wanted as witnesses. In some states, bills drawn in one state and
+payable in another, are deemed foreign bills; and their protest as such
+is required. Notes payable at banks are also protested for non-payment.
+
+§9. _Interest_ is a premium paid for the use of money, or a profit per
+cent, received for money lent, or on an unpaid demand. Thus a person
+lends $1,000 to another person, who pays for the use of it six per cent,
+a year, or $6 for every hundred, as interest. The rate of interest is
+fixed by a law of the state.
+
+§10. The established lawful rates of interest in the several states are
+as follows: _Six_ per cent, in all but the following: In New-York,
+Michigan, Wisconsin, Minnesota, _seven_ per cent.; in Alabama and Texas
+_eight_ per cent.; in Louisiana, _five_ per cent.; bank interest _six_;
+in California, _ten_ per cent. But there may be taken by special
+agreement, in Florida and Louisiana, _eight_ per cent.; in Mississippi,
+Arkansas, Ohio, Missouri, Iowa, _ten_; in Texas and Wisconsin, _twelve_;
+in Minnesota and California, any rate. In Illinois and Michigan, for
+money loaned, it may be _ten_. In Mississippi, for the _bona fide_ use
+of money _eight_ per cent.
+
+§11. A rate of interest beyond that which is established by law, is
+_usury_. Not only can no more be collected on any contract or obligation
+than the legal rate, but in most of the states there is some forfeiture
+for taking usurious interest. In a few, the obligation is void, and the
+payment of no part of the debt can be enforced by law; in others, twice
+or thrice the excess above the lawful interest is forfeited; and in
+some, only the excess paid can be recovered.
+
+
+
+
+Chapter LXII.
+
+Crimes and Misdemeanors.
+
+
+
+§1. The statutes of each state define the crimes of which its laws take
+cognizance. The definitions given in this chapter, agree substantially,
+it is presumed, with those of similar crimes in every state in the
+union. The statutes also prescribe the penalties, which are not
+precisely the same in all the states. Nor is there in any state an equal
+measure of punishment inflicted in all cases for the same offense. The
+laws usually declare the longest and the shortest terms of imprisonment,
+and the highest and lowest fines, leaving the exact measure of
+punishment, except for crimes punishable by death, to the discretion of
+the judges, to be fixed according to the aggravation of the offense.
+
+§2. The laws of the several states differ in respect to the number of
+crimes made punishable by death. In some states the penalty of death is
+annexed to the crime of murder only. Treason is punishable by death; but
+as this offense is defined and made punishable by the laws of the United
+States, not all the states take cognizance of it. If committed in such
+states, it is tried in the courts of the United States. In New York,
+murder, treason, and arson in the first degree, are punishable by death.
+Few states make more than these crimes thus punishable. In two or three
+states, the penalty of death has been abolished, and imprisonment for
+life substituted.
+
+§3. Crimes punishable by death, are called _capital_ crimes, and their
+punishment is called _capital_ punishment. The word capital is from the
+Latin _caput_, which means head; and so has come to signify the highest
+or principal. Hence, probably, the application of the word capital to
+the principal crimes receiving the highest punishment, which was
+formerly practiced extensively in other countries by beheading or
+_decapitating_ the criminals.
+
+§4. _Treason_ is defined by statute to be, levying war in any state
+against the people of the state; or a combination of two or more
+persons, attempting by force to usurp or overturn the government of the
+state; or in adhering to enemies of the state while separately engaged
+in war with a foreign enemy, and giving them aid and comfort.
+
+§5. _Murder_ is the killing of a person deliberately and maliciously,
+and with intent to effect death; or killing a person in committing some
+other crime, though not with a design to effect death; or in killing a
+person purposely and without previous deliberation. The less aggravated
+cases of murder, are in some states distinguished as murder in the
+second degree, and punished by imprisonment for a long term, or for
+life.
+
+§6. _Manslaughter_ is killing a person either upon a sudden quarrel, or
+unintentionally while committing some unlawful act. The statutes of New
+York define four different degrees of manslaughter.
+
+§7. _Arson_ is maliciously burning any dwelling-house, shop, barn, or
+any other building, the property of another. Arson in the first degree,
+which is burning an inhabited dwelling _in the night time_, is in some
+states punishable with death.
+
+§8. _Homicide_ signifies mankilling. It is of three kinds: felonious,
+justifiable, and excusable. When felonious, it is either murder or
+manslaughter. _Justifiable_ homicide is that which is committed in the
+necessary defense of one's person, house, or goods, or of the person of
+another when in danger of injury; or that which is committed in lawfully
+attempting to take a person for felony committed, or to suppress a riot,
+or to keep the peace. _Excusable_ homicide is the killing of a person by
+accident, or while lawfully employed, without any design to do wrong. In
+the two last cases there is no punishment.
+
+§9. Intentionally _maiming_ another by cutting out or disabling the
+tongue or any other member or limb; inveigling or _kidnapping_;
+_decoying_ and taking away children; _exposing children_ in the street
+to abandon them; committing or attempting an assault with _intent to
+kill_, or to commit any other felony, or in resisting the execution of a
+legal process; _administering poison_ without producing death;
+_poisoning any well_ or spring of water; are all felonies, and
+punishable as such.
+
+§10. _Burglary_ is maliciously and forcibly breaking into and entering
+in the night time, any dwelling-house or other building, with intent to
+commit a crime. Breaking into and entering a house by day, is considered
+a minor degree of burglary.
+
+§11. _Forgery_ consists in falsely making, counterfeiting, or altering
+any instrument of writing, with intent to defraud. The word
+_counterfeiting_ is generally applied to making false coin or bank
+notes, or in passing them; or in having in possession any engraved
+plate, or bills unsigned, which are intended to be used for these
+purposes.
+
+§12. _Robbery_ is the taking of personal property from another in his
+presence and against his will, by violence, or by putting him in fear of
+immediate injury to his person. Knowingly to send or deliver, or to make
+for the purpose of being sent, a letter or writing, threatening to
+accuse any one of crime, or to do him some injury, with intent to extort
+or gain from him any money or property, is considered an _attempt to
+rob_, for which the offender may be imprisoned.
+
+§13. _Embezzlement_ is fraudulently putting to one's own use what is
+intrusted to him by another. To buy or receive property knowing it to
+have been embezzled, is to be guilty of the same offense. Embezzling is
+usually punishable in the same manner as larceny of the same amount.
+
+§14. _Larceny_ is theft or stealing. The stealing of property above a
+certain amount in value is called _grand larceny_, and is a state prison
+offense. If the value of the property stolen is of less amount, the
+offense is called _petit larceny_, and is punished by fine or
+imprisonment in jail or both.
+
+§15. _Perjury_ is willfully swearing or affirming falsely to any
+material matter, upon an oath legally administered. _Subornation of
+perjury_ is procuring another to swear falsely; punishable as perjury.
+
+§16. _Bribery_ is promising or giving a reward to a public officer, to
+influence his opinion, vote or judgment. A person _accepting_ such
+bribe, is punishable in the same manner, and forfeits his office, and,
+in some states, may never hold another public trust. This offense is not
+in all the states punishable by imprisonment in the state prison.
+
+§17. _Dueling_ is a combat between two persons with deadly weapons.
+Killing another in a duel is murder, and punishable with death. If death
+does not ensue, imprisonment. Challenging, or accepting a challenge to
+fight, or to be present as a second, imprisonment. Dueling is not a
+punishable offense in every state.
+
+§18. Aiding or attempting to aid a prisoner committed for felony, to
+_escape from confinement_, or forcibly rescuing a prisoner charged with
+crime, from the custody of a public officer, is a crime. If the offense
+for which the prisoner is committed is less than felony, the punishment
+is imprisonment in jail, or fine, or both.
+
+§19. _Bigamy_ is the crime of having two or more wives, and is also
+called _polygamy_. But bigamy literally signifies having _two_ wives,
+and polygamy any number more than one. These words, in law, are applied
+also to women having two or more husbands. A person having a lawful
+husband or wife living, and marrying another person, is guilty of
+bigamy. An unmarried person, also, who shall marry the husband or wife
+of another, is punishable in like manner.
+
+§20. _Incest_ is the marrying or cohabiting together as husband and
+wife, of persons related to each other within certain degrees.
+
+§21. _Opening a grave_ and removing a dead body for any unlawful
+purpose, or purchasing such body knowing it to have been unlawfully
+disinterred, is a crime. This offense is in some states punishable by
+imprisonment in a county jail, or by fine, and not in a state prison.
+
+§22. Persons sometimes advise or are knowing to the commission of
+felonies, but are not actually engaged in committing them. Such are
+_accessories_. He who advises or commands another to commit a felony, is
+called an _accessory before the fact_, and is punished in the same
+manner as the principal. If he conceals the offender after the offense
+has been committed, or gives him any aid to prevent his being brought to
+punishment, he is an _accessory after the fact_, and may be imprisoned
+or fined.
+
+§23. _Assault and Battery_ is unlawfully to assault or threaten, or to
+strike or wound another. Besides being liable to fine and imprisonment,
+the offender is liable also to the party injured for damages.
+
+§24. A _riot_ is the assembling together of three or more persons, with
+intent forcibly to injure the person or property of another, or to break
+the peace; or agreeing with each other to do such unlawful act, and
+making any movement or preparation therefor, though lawfully assembled.
+When riotous persons are thus assembled, and are proceeding to commit
+offenses, any judge, justice, sheriff, or other ministerial officer, may
+in the name of the state, command them to disperse. If they refuse, the
+peace officers are required to call upon all persons near to aid in
+taking the rioters into custody. Persons refusing to assist may be
+fined.
+
+§25. A sheriff or other officer voluntarily suffering a prisoner charged
+with or convicted of an offense, to _escape_, from his custody, is
+guilty of a misdemeanor. To _rescue_ a prisoner thus charged or
+convicted, is punishable in a similar manner. It is also a misdemeanor
+to assist a criminal, with a view to effect his escape, though he does
+not escape from jail.
+
+§26. A person taking upon himself to act as a public officer, and taking
+or keeping a person in custody unlawfully or without authority, is
+_false imprisonment_; for which the offender may be fined or imprisoned.
+
+§27. The offenses mentioned in the last four sections, being of a lower
+grade than those defined in the preceding sections, and not being
+punishable in a state prison, are usually called _misdemeanors_, and are
+punishable by fine or imprisonment in a county jail. There are numerous
+other misdemeanors and immoralities, as profane cursing and swearing,
+betting and gaming, horse racing, disturbing religious meetings,
+sabbath-breaking, trespasses and injury to property, and many disorderly
+practices, all of which are punishable in a like manner.
+
+
+
+
+
+Law of Nations.
+
+
+
+
+Chapter LXIII.
+
+Origin and Progress of the Law of Nations; the Natural, Customary, and
+Conventional Laws of Nations.
+
+
+
+§1. The _law of nations_ consists of those rules by which intercourse
+between nations is regulated. In its present improved state, the law of
+nations has not long existed. Ancient nations were little governed by
+the principles of natural justice. Little respect was paid by one nation
+to the persons and property of the citizens of another. Robbery on land
+and sea was not only tolerated, but esteemed honorable; and prisoners of
+war were either put to death, or reduced to slavery. By this rule of
+national law, commerce was destroyed, and perpetual enmity kept up
+between nations.
+
+§2. Within the last three or four centuries, essential improvement in
+the law of nations has been made. By the light of science and
+Christianity, the rights and obligations of nations have come to be
+better understood, and more generally regarded. Commerce also has done
+much to improve the law, by showing that the true interests of a nation
+are promoted by peace and friendly intercourse.
+
+§3. Hence we find the nations of Europe and America recognizing the same
+rules of international law. And as the light and power of Christianity
+shall increase, the law of nations will undergo still further
+improvements. And it is to be hoped, that, as one of these improvements,
+the practice of settling national disputes by war will be abolished, and
+the more rational and humane course be adopted, of referring
+difficulties which the parties are incapable of adjusting, to some
+disinterested power for adjudication.
+
+§4. There are, in every nation or state, courts of justice to try and
+punish offenders; but there is no tribunal before which one nation can
+be brought to answer for the violation of the rights of another. Every
+nation, however small and weak, is independent of every other.
+Therefore, when injuries are committed by one upon another, the offended
+party, unless it chooses quietly to endure the wrong must seek redress,
+either by appealing to the sense of justice of the party offending, or
+by a resort to force.
+
+§5. Every nation has a right to establish such government as it thinks
+proper; and no other nation has a right to interfere with its internal
+policy. To this rule, however, some writers make an exception. They hold
+that the natural right of a state to provide for its own safety, gives
+it the right to interfere where its security is seriously endangered by
+the internal transactions of another state. But it is admitted that such
+cases are so very rare, that it would be dangerous to reduce them to a
+rule.
+
+§6. So cases seldom arise in which one nation has a right to assist the
+subjects of another in overturning or changing their government. It is
+generally agreed, that such assistance may be afforded consistently with
+the law of nations, in extreme cases; as when the tyranny of a
+government becomes so oppressive, as to compel the people to rise in
+their defense, and call for assistance. When the subjects of any
+government have carried their revolt so far as to have established a new
+state, and to give reasonable evidence of their ability to maintain a
+government, the right of assistance is unquestionable. But it is not
+clear that, prior to this state of progress in a revolution, the right
+to interpose would be justifiable.
+
+§7. There is a sense, however, in which nations are not wholly
+independent. Mankind in the social state, as we have seen, are dependent
+upon each other for assistance. (Chap. I, §2.) Such is, in a measure,
+the mutual dependence of nations. Although the people of every nation
+have within themselves the means of maintaining their individual and
+national existence, their prosperity and happiness are greatly promoted
+by commerce with other nations. And as laws are necessary to govern the
+conduct of the individual citizens of a state, so certain rules are
+necessary to regulate the intercourse of nations.
+
+§8. It has been observed, also, that the law of nature is a perfect rule
+for all moral and social beings, and ought to be universally obeyed.
+Equally binding is this law upon nations. It requires each nation to
+respect the rights of all others, and to do for them what their
+necessities demand, and what it is capable of doing, consistently with
+the duties it owes to itself. And the general good of mankind is as
+really promoted by the application of this law to the affairs of
+nations, as by its application to the affairs of individuals.
+
+§9. The law of nature applied to nations or states as moral persons, is
+called the _natural law of nations_. It is also called the _necessary
+law of nations_, because nations are morally bound to observe it; and
+sometimes the _internal law of nations_, from its being binding on the
+conscience.
+
+§10. Although the law of nature, as expressed in the law of revelation,
+is a correct rule of human conduct; yet, as much of this law consists of
+general principles from which particular duties can not always be
+deduced, positive human enactments are necessary to define the law of
+nature and revelation. So an important part of the law of nations
+necessarily consists of positive institutions. Hence some writers have
+divided international law under these two principal heads: the _natural_
+law of nations, and the _positive_.
+
+§11. The _positive law of nations_ is founded on usage or custom and
+agreement, and may be considered as properly divided into the
+_customary_ law of nations, and the _conventional_. The _customary law
+of nations_ consists of certain maxims, or is founded on customs and
+usages which have been long observed and tacitly consented to by
+nations, and have thereby become binding upon all who have adopted them,
+so far as their observance does not require a violation of the law of
+nature.
+
+§12. A _conventional law of nations_ is one that has been established by
+a treaty or league. The word _convention_ usually signifies an assembly
+of persons met for some benevolent, political, or ecclesiastical
+purpose. It also signifies a treaty, or agreement between nations; and
+such agreement or contract, though made without a formal meeting, is
+deemed conventional.
+
+§13. As the law of nature is liable to misconstruction, and as the law
+of usage or custom is vague and uncertain, _conventional_ law, because
+more definite, has been found to afford greater security to the rights
+of commerce. Hence the practice, now so common among nations, of
+regulating their intercourse by negotiation. By treaties, the rights of
+the contracting parties are placed beyond dispute.
+
+§14. But it may be said, if each nation is independent of every other,
+and if there is no constituted authority to enforce the fulfillment of
+treaty stipulations, the rights guarantied by treaties are still
+insecure. But few governments are so devoid of a sense of honor as, by a
+palpable violation of treaty obligations, to incur the odium and
+condemnation of all mankind. Self-respect and the fear of provoking a
+war, have generally proved sufficient incentives to the observance of
+treaties.
+
+§15. The obligations of nations are sometimes called _imperfect_. A
+_perfect obligation_ is one that can be enforced--one that exists where
+there is a right to compel the party on whom the obligation rests to
+fulfill it. An _imperfect obligation_ gives only the right to demand the
+fulfillment, leaving the party pledged to judge what his duty requires,
+and to do as he chooses, without being constrained by another to do
+otherwise.
+
+
+
+
+Chapter LXIV.
+
+The Jurisdiction of Nations; their mutual Rights and Obligations; the
+Rights of Embassadors, Ministers, &c.
+
+
+
+§1. The seas are regarded as the common highway of nations. The main
+ocean, for navigation and fishing, is open to all mankind. Every state,
+however, has jurisdiction at sea over its own subjects in its own public
+and private vessels. The persons on board such vessels are protected and
+governed by the laws of the country to which they belong, and may be
+punished by these laws for offenses committed on board of its public
+vessels in foreign ports.
+
+§2. The question how far a nation has jurisdiction over the seas
+adjoining its lands, is not clearly settled. It appears to be generally
+conceded, that a nation has a right of exclusive dominion over navigable
+rivers flowing through its territory; the harbors, bays, gulfs, and arms
+of the sea; and such extent of sea adjoining its territories as is
+necessary to the safety of the nation, which is considered by some to be
+as far as a cannon shot will reach, or about a marine league.
+
+§3. It is the duty of a nation in time of peace, to allow the people of
+other states a passage over its lands and waters, so far as it can be
+permitted without inconvenience, and with safety to its own citizens. Of
+this the nation is to be its own judge. The right of passage is only an
+_imperfect right_, because the obligation to grant the right is an
+_imperfect obligation_. (Chap. LXIII, §15.)
+
+§4. In general, it is the duty of a nation to allow foreigners to enter
+and settle in the country. On being admitted into a state, the state
+becomes pledged for their protection, and they become subject to its
+laws; and in consideration of the protection they receive, they are
+obliged to aid in defending it, and in supporting its government, even
+before they are admitted to all the rights of citizens.
+
+§5. But no state is bound to shelter criminals fleeing into it from a
+foreign state. They can be tried only in the state whose laws they have
+violated. It is therefore the duty of the government to surrender a
+fugitive on demand of the proper authorities of the state from which he
+fled, if, after due examination by a civil magistrate, there shall
+appear sufficient grounds for the charge. The surrender of criminals is
+sometimes provided for in treaties.
+
+§6. The rule which makes foreigners amenable to the laws of the state in
+which they remove, does not apply to embassadors. They are not
+responsible to the laws of the country to which they are sent, even when
+guilty of crime. When their conduct is dangerous to the government and
+its citizens, all that can be done is, either to deprive them of liberty
+by confinement, or to send them home and demand their punishment. As
+every nation has a right to treat and communicate with all others, it
+ought not to be deprived of the services of its representative. Hence,
+the persons and property of all public ministers are held sacred and
+inviolable.
+
+§7. Embassadors are entitled to the same protection in the countries
+through which they pass in going to, and returning from the government
+to which they are sent. And to insure them a safe passage, some
+governments have given them passports to be shown if required. A
+_passport_ is a written license from the authority of a state granting
+permission or safe conduct for one to pass through its territory.
+Passports, though named in our law, are not known in practice, being
+deemed unnecessary.
+
+§8. If a minister at a foreign court treats the sovereign with
+disrespect, the fact is sometimes communicated to the government that
+sent him, with a request for his recall. Or, if the offense is a more
+serious one, the offended sovereign refuses intercourse with him while
+his master's answer is awaited. Or, if the case is an aggravated one, he
+expels him from the country.
+
+§9. Ministers at foreign governments, in their negotiations or business
+correspondence with those governments, sometimes consider themselves ill
+treated, and their own nation dishonored, and take their leave and
+return home; or the minister informs his sovereign, who either recalls
+him, or takes such other measure as he thinks the honor and interest of
+his nation demand.
+
+§10. The peculiar condition of a country, the nature of the business
+upon which an embassador is sent, or the personal character of the
+embassador, may be such as to justify a government in refusing to
+receive him. But to preserve the friendly relations of the two
+countries, satisfactory explanations ought to be made, or good reasons
+offered for the refusal.
+
+§11. A minister can not bind his sovereign to any treaty or agreement,
+conclusively, under the authority of an ordinary credential, or letter
+of attorney. He can not do so without a special power, containing
+express authority so to bind his principal. Ministers act under secret
+instructions which they are not bound to disclose. Even the treaties
+signed by plenipotentiaries, (a word signifying full power,) are,
+according to present usage, of no force, until ratified by their
+governments.
+
+§12. Consuls are not entitled to the privilege enjoyed by ministers,
+but are subject to the laws of the country in which they reside. Their
+principal duties have been described. (Chap. XL, §9.) The office of
+consul has been found to be one of great utility; hence, every trading
+nation has a consul in every considerable commercial port in the world.
+As in the case of ministers, consuls carry a certificate of their
+appointment, and must be acknowledged as consuls by the government of
+the country in which they reside, before they can perform any duties
+pertaining to their office.
+
+
+
+
+Chapter LXV.
+
+Offensive and Defensive War; just Causes and Objects of War; Reprisals;
+Alliances in War.
+
+
+
+§1. Wars are offensive and defensive. The use of force to obtain justice
+for injuries done, is _offensive war_. The making use of force against
+any power that attacks a nation or its privileges, is _defensive war_. A
+war may be defensive in its principles, though offensive in its
+operation. For example: one nation is preparing to invade another; but
+before the threatened invasion takes place, the latter attacks the
+former as the best mode of repelling the invasion. In this case, the
+party making the attack acts on the _defensive_. (§10.) The contending
+parties are called _belligerents_. The word _belligerent_ is from the
+Latin _bellum_, war, and _gero_, to wage or carry on. Nations that take
+no part in the contest, are called _neutrals_.
+
+§2. War ought never to be undertaken without the most cogent reasons. In
+the first place, there must be a _right_ to make war, and _just grounds_
+for making it. Nations have no right to employ force any further than is
+necessary for their own defense, and for the maintenance of their
+rights. Secondly, it should be made from _proper motives_, the good of
+the state, and the safety and common advantage of the citizens. Hence,
+there may be, according to the law of nations, just cause of war, when
+it would be inexpedient to involve the nation in such a calamity.
+
+§3. The numerous objects of a lawful war may be reduced to these three:
+(1.) To recover what belongs to us, or to obtain satisfaction for
+injuries. (2.) To provide for our future safety by punishing the
+offender. (3.) To defend or protect ourselves from injury by repelling
+unjust attacks. The first and second are objects of an _offensive_ war;
+the third is that of a _defensive_ war.
+
+§4. Injury to an individual citizen of a state, by the subjects of
+another state, is deemed a just cause of war, if the persons offending,
+or the government of the state to which they belong, do not make
+reparation for the injury; for every nation is responsible for the good
+behavior of its subjects. But, although this would, according to the law
+of nations, afford justifiable cause of war, neither the honor nor the
+true interest of a nation requires that war should always be made for so
+slight a cause.
+
+§5. Generally, the injury sought to be redressed should be serious, and
+satisfaction be demanded and refused, before recourse should be had to
+arms. Where there is a question of right between the parties, the
+government making war should have no reasonable doubt of the justice of
+its claim. And even when no such doubt exists, it would be the duty of
+such government to prevent a war, if possible, by proposals of
+compromise. It is believed that war ought in no case to be made, until
+attempts have been made to effect an adjustment of difficulties by
+compromise, or by offers to submit them for arbitration.
+
+§6. One of the means by which satisfaction is sought without making war,
+is that of _reprisals_. (Chap. XXXVI, §4, 5.) If a nation has taken what
+belongs to another, or refuses to pay a debt, or to make satisfaction
+for an injury, the offended nation seizes something belonging to the
+former or to her citizens, and retains it, or applies it to her own
+advantage, till she obtains satisfaction: and when there shall be no
+longer any hope of satisfaction, the effects thus seized are
+confiscated. To _confiscate_ is to adjudge property to be forfeited, and
+to appropriate it to the use and benefit of the state. But as the loss
+in this case would fall upon unoffending citizens, it is the duty of
+their government to grant them indemnity.
+
+§7. But to justify reprisals by the law of nations, the grounds upon
+which they are authorized must be just and well ascertained. If the
+right of the party demanding satisfaction is doubtful, he must first
+demand an equitable examination of his claim, and next be able to show
+that justice has been refused, before he can justly take the matter into
+his own hands. He has no right to disturb the peace and safety of
+nations on a doubtful pretension. But if the other party refuses to have
+the matter brought to the proof, or to accede to any proposition to
+terminate the dispute in a peaceable manner, reprisals become lawful.
+
+§8. By treaties of alliance, nations sometimes agree to assist each
+other in case of war with a third power. It is a question not clearly
+settled, whether the government that is to afford the aid is bound to do
+so when it deems the war to be unjust. The reasonable conclusion seems
+to be, that, in cases simply doubtful, the justice of the war is to be
+presumed; and the government pledging its aid is bound to fulfill its
+engagement. The contrary doctrine would furnish a nation with too ready
+a pretext for violating its pledge. In cases only of the clearest
+injustice on the part of its ally, can a nation rightfully avoid a
+positive engagement to afford assistance.
+
+§9. But when the object of the war is hopeless, or when the state under
+such engagement would, by furnishing the assistance, endanger its own
+safety, it is not bound to render the aid. But the danger must not be
+slight, remote, or uncertain. None but extreme cases would afford
+sufficient cause for withholding the promised assistance.
+
+§10. When the alliance is defensive, the treaty binds each party to
+assist the other only when engaged in a defensive war, and unjustly
+attacked. By the conventional law of nations, the government that first
+declares, or actually begins the war, is considered as making
+_offensive_ war; and though it should not be the first actually to apply
+force, yet if it first renders the application of force necessary, it is
+the aggressor; and the other party, though the first to apply force, is
+engaged in a _defensive_ war. (§1.)
+
+
+
+
+Chapter LXVI.
+
+Declaration of War; its Effect upon the Person and Property of the
+Enemy's subjects; Stratagems in War; Privateering.
+
+
+
+§1. When a nation has resolved on making war, it is usual to announce
+the fact by a public declaration. In monarchical governments, the power
+to declare war, which of course includes the right of determining the
+question whether it shall be made, is vested in the king. In the United
+States, this power is, by the constitution, given to the representatives
+of the people, for reasons elsewhere stated. (Chap. XXXVI, §3.)
+
+§2. It was usual, formerly, to communicate a declaration of war to the
+enemy. According to modern practice, a formal declaration to the enemy
+is not required. Any manifesto or paper from an official source,
+announcing that the country is in a state of war, is considered
+sufficient. The recalling of a minister has alone been regarded as a
+hostile act, and followed by war, without any other declaration. But
+such cases have not been frequent. Under ordinary circumstances, the
+recall of a minister is not an offensive act.
+
+§3. The government of a state acts for and in behalf of all its
+citizens; and its acts are binding upon all. Hence, when war is
+declared, it is not merely a war between the two governments; all the
+subjects of the government declaring it become enemies to all the
+subjects of that against which it is declared.
+
+§4. Whether, on the occurrence of a war in any state, the subjects of
+the enemy found within the state may be detained as prisoners of war,
+and their movable property confiscated; or whether they are entitled to
+a reasonable time to retire with their effects, is a question upon which
+writers of public law are not agreed. Few civilized nations, at the
+present day, would deny such persons a reasonable time to retire with
+their property. Of houses and lands, all admit that only the income is
+subject to confiscation. The privilege spoken of, instead of being left
+to uncertainty, is now, with great propriety, generally secured by
+treaty.
+
+§5. When war is declared, all intercourse between the two countries at
+once ceases. All trade between the citizens, directly or indirectly, is
+strictly forbidden; and all contracts with the enemy made during the war
+are void.
+
+§6. Although a state of war makes all the subjects of one nation enemies
+of all those of the other, they cannot lawfully engage in offensive
+hostilities without permission of their government. If they have no
+written commission as evidence of such permission, and if they should be
+taken by the enemy, they would not be entitled to the usual mild
+treatment which other prisoners of war receive, but might be treated
+without mercy as lawless robbers and banditti.
+
+§7. As the object of a just war is to obtain justice, a nation, when it
+has declared war, has a right to use all necessary means, and no other,
+for attaining that end. A just war gives the right to take the life of
+the enemy; but there are limits to this right. If an enemy submits, and
+lays down his arms, we can not justly take his life. And justice and
+humanity forbid that women, children, feeble old men, and sick persons,
+who make no resistance, should be maltreated.
+
+§8. Prisoners of war are not to be treated with cruelty. They may be
+confined, and even fettered, if there is reason to apprehend that they
+will rise against their captors, or make their escape. Prisoners of war
+are detained to prevent their returning to join the enemy, or to obtain
+from their government a just satisfaction as the price of their liberty.
+Prisoners may be kept till the end of the war. Then, or at any time
+during the war, the government may exchange them for its own soldiers
+taken prisoner by the enemy; or a ransom may be required for their
+release. It is the duty of the government to procure, at its own
+expense, the release of its citizens.
+
+§9. Ravaging a country, burning private dwellings, or otherwise wantonly
+destroying property, is not justifiable, except in cases of absolute
+necessity. But all fortresses, ramparts, and the like, being
+appropriated to the purposes of war, may be destroyed.
+
+§10. Stratagems and deceit to obtain advantage of an enemy, are, to some
+extent, justified by the law of nations; but in general they are
+dishonorable and wrong.
+
+§11. Spies are sometimes sent among an enemy, to discover the state of
+his affairs, to pry into his designs, and carry back information. This
+is a dishonorable office; spies, if detected, are condemned to death.
+
+§12. The rights of a nation in war at sea are essentially different from
+those in war upon land. The object of a maritime war is to destroy the
+commerce and navigation of the enemy, with a view of weakening his naval
+power. To this end, the capture or destruction of private property is
+necessary, and is justified by the law of nations. Hence, for the
+purpose of attack as well as defense, every nation of considerable power
+or commercial importance, keeps a _navy_, consisting of a number of war
+vessels, ready for service.
+
+§13. Besides these national ships of war, there are armed vessels owned
+by private citizens, and called _privateers_. Their owners receive from
+the government a commission to go on the seas, and to capture any vessel
+of the enemy, whether it is owned by the government or by private
+citizens, or whether it is armed or not. And to encourage privateering,
+the government allows the owner and crew of a privateer to keep the
+property captured as their own.
+
+§14. To prevent the abuse of this right, the owners are required to give
+security, that the cruise shall be conducted according to instructions
+and the usages of war; that the rights of neutral nations shall not be
+violated; and that the captured property shall be brought in for
+adjudication.
+
+§15. When a prize is brought into a port, the captors make a writing,
+called _libel_, stating the facts of the capture, and praying that the
+property may be condemned; and this paper is filed in the proper court.
+If it shall be made to appear that the property was taken from the
+enemy, the court condemns the property as _prize_, which is then sold,
+and the proceeds are distributed among the captors.
+
+§16. All prizes, whether taken by a public or private armed vessel,
+primarily belong to the sovereign; and no person has any interest in a
+prize, except what he receives from the state: and due proof must in all
+cases be made before the proper court, that the seizure was lawfully
+made. In this country, prizes are proved and condemned in a district
+court of the United States, which, when sitting that purpose, is called
+a _prize court_.
+
+
+
+
+Chapter LXVII.
+
+Rights and Duties of Neutral Nations; Contraband Goods; Blockade; Right
+of Search; Safe Conducts and Passports; Truces; Treaties of Peace.
+
+
+
+§1. A neutral nation is bound to observe a strict impartiality toward
+the parties at war. If she should aid one party to the injury of the
+other, she would be liable to be herself treated as an enemy. A loan of
+money to one of the belligerents, or supplying him with other means of
+carrying on a war, if done with the view of aiding him in the war, would
+be a violation of neutrality. But an engagement made in time of peace to
+furnish a nation a certain number of ships, or troops, or other articles
+of war, may afterward, in time of war, be fulfilled.
+
+§2. A nation is not bound, however, on the occurrence of a war, to
+change its customary trade, and to cease supplying a belligerent with
+articles of trade which such belligerent was wont to receive from her,
+although the goods may afford him the means of carrying on the war. So
+if a nation has been accustomed to lend money to another for interest,
+and the latter should become engaged in war with a third power, the
+neutral would not break her neutrality if she should continue to lend
+her money. The wrong in any case lies in the _intention_ to aid one to
+the detriment of the other.
+
+§3. This rule, it is believed, is universally admitted in cases of
+belligerents going themselves to a neutral country to make their
+purchases. But whether a neutral nation is at full liberty to _carry the
+goods_ in the cases mentioned, is not so certain. A nation in a just war
+has a right to deprive her enemy of the means of resisting or injuring
+her, and therefore may lawfully intercept every thing of a warlike
+nature which a neutral is carrying to such enemy.
+
+§4. Articles which a neutral nation is not allowed to carry to an enemy,
+are called contraband goods. What these are, it is impossible to say
+with precision, as some articles may in certain cases be lawfully
+carried, which would be justly prohibited under other circumstances.
+Among the articles usually contraband, are arms, ammunition, materials
+for ship-building, naval stores, horses, and sometimes even provisions.
+
+§5. Contraband goods, when ascertained to be such, are confiscated to
+the captors as lawful prize. Formerly the vessel also was liable to be
+condemned and confiscated; but the modern practice, it is said, exempts
+the ship, unless it belongs to the owner of the contraband articles, or
+the carrying of them is connected with aggravating circumstances.
+
+§6. One of the rights of a belligerent nation which a neutral is bound
+to regard, is the right of blockade. _Blockade_ is a blocking up. A war
+blockade is the stationing of ships of war at the entrance of an enemy's
+ports, to prevent all vessels from coming out or going in. The object of
+a blockade is to hinder supplies of arms, ammunition, and provisions
+from entering, with a view to compel a surrender by hunger and want,
+without an attack. A neutral vessel attempting to enter or depart,
+becomes liable to be seized and condemned. Towns and fortresses also may
+be shut up by posting troops at the avenues.
+
+§7. A simple decree or order declaring a certain coast or country in a
+state of blockade, does not constitute a blockade. A force must be
+stationed there, competent to maintain the blockade, and to make it
+dangerous to enter. And it is necessary that the neutral should have due
+notice of the blockade, in order to subject his property to condemnation
+and forfeiture. According to modern usage, if a place is blockaded by
+sea only, trade with it by a neutral nation may be carried on by inland
+communication. And a neutral vessel, loaded before the blockade was
+established, has a right to leave the port with her cargo.
+
+§8. To prevent the conveyance of contraband goods, the law of nations
+gives a belligerent nation the _right of search_; that is, the right, in
+time of war, to search neutral vessels, to ascertain their character,
+and what articles are on board. A neutral vessel refusing to be searched
+by a lawful cruiser, would thereby render herself liable to condemnation
+as a prize. Private merchant vessels only are subject to search; the
+right does not extend to public ships of war.
+
+§9. The property of an enemy found on board of a neutral vessel, may be
+seized, if the vessel is beyond the limits of the jurisdiction of the
+nation to which she belongs; but the vessel is not confiscated; and the
+master is entitled to freight for the carriage of the goods. The
+_property of neutrals_ found in an enemy's vessels, is to be restored to
+the owners.
+
+§10. A neutral is forbidden by the law and practice of nations, to
+permit a belligerent to arm and equip vessels of war within her forts.
+Nor may the citizens of a nation fit out any vessel, or enlist, to go
+beyond the limits of their own country to assist any people in war
+against another with whom they are at peace.
+
+§11. It is sometimes agreed to suspend hostilities for a time. If the
+agreement is only for a short period, for the purpose of burying the
+dead after battle, or for a parley between the hostile generals; or if
+it regards only some particular place, it is called a cessation or
+_suspension of arms_; if for a considerable time, and especially if
+general, it is called a _truce_. By a partial truce, hostilities are
+suspended in certain places, as between a town and the general besieging
+it; and generals have power to make such truces. By a general truce,
+hostilities are to cease generally, and in all places, and are made by
+the governments or sovereigns. Such truces afford opportunities for
+nations to settle their disputes by negotiation.
+
+§12. A truce binds the contracting parties from the time it is made; but
+individuals of the nation are not responsible for its violation before
+they have had due notice of it. And for all prizes taken after the time
+of its commencement, the government is bound to make restitution. During
+the cessation of hostilities, each party may, within his own
+territories, continue his preparations for war, without being charged
+with a breach of good faith.
+
+§13. War is generally terminated, and peace secured, by _treaties of
+peace_. The manner of making treaties has been described. (Chap. XL,
+§5.) A treaty of peace puts an end to the war, and leaves the
+contracting parties no right to take up arms for the same cause.
+
+§14. The parties to a treaty of peace are bound by it from the time of
+its conclusion, which is the day on which it is signed; but, as in the
+case of a truce, persons are not held responsible for any hostile acts
+committed before the treaty was known; and their government is bound to
+order and enforce the restitution of property captured subsequently to
+the conclusion of the treaty.
+
+§15. War is sometimes terminated by _mediation_. A friend to both
+parties, desirous of stopping the destruction of human life, kindly
+endeavors to reconcile the parties. The friendly sovereign who thus
+interposes, is called _mediator_. Many desolating wars might have been
+early arrested in this way, or wholly prevented, had there always been
+among friendly powers a disposition to reconcile contending nations.
+
+
+
+
+Synopsis of the State Constitutions.
+
+
+
+Maine.
+
+
+The District of Maine, formerly belonging to the state of Massachusetts,
+adopted in convention, October 29, 1819, the present constitution, and
+was admitted into the Union as a state, March 15, 1820. The constitution
+has received several alterations.
+
+_Electors._ All male citizens, having had a residence in the state three
+months, except paupers, persons under guardianship, and Indians not
+taxed.
+
+_Legislature._ The house of representatives consists of one hundred and
+fifty-one members, apportioned among the counties according to
+population; and the number apportioned to each county are apportioned
+among the towns according to the population. A representative must have
+been a citizen of the United States five years, resided in the state one
+year, and in the town or district he is chosen to represent, three
+months. Senate, not less than twenty, nor more than thirty-one members,
+elected in districts by majority. If a senator is not elected by the
+electors, the house and the senators elected choose one from the two
+candidates having the highest numbers of votes. Age, twenty-five years,
+otherwise qualified as representatives.
+
+A majority constitutes a _quorum_. Bills vetoed by the governor become
+laws when re-passed by two-thirds majorities. Also bills become laws if
+not returned by the governor within five days, unless their return is
+prevented by adjournment, in which case they will become laws unless
+returned within three days after the next meeting.
+
+_Executive._ The governor is elected annually, by majority. If no person
+has a majority, the house, from those voted for (not exceeding four)
+having the highest numbers of votes, elects two, of whom the senate
+elects a governor. Age, thirty years, a native citizen, resident of the
+state five years. An executive council of seven, chosen annually by the
+legislature on joint ballot. Power of appointment is exercised by the
+governor and council. No lieutenant-governor.
+
+Secretary of state, treasurer, and attorney-general, are chosen annually
+by joint ballot of both houses.
+
+_Judiciary._ A supreme judicial court, and such other courts as the
+legislature may establish. Judges of the judicial court are appointed by
+the governor and council for seven years; judges and registers of
+probate are elected in the counties for four years.
+
+Officers may be removed by impeachment, and by the governor and council
+on address of both houses of the legislature.
+
+Amendments to the constitution may be proposed by two-thirds of both
+branches, and ratified by the electors at the next annual election.
+
+
+
+New Hampshire.
+
+
+The first constitution of this state was adopted in 1784; the present
+one in 1792, and has been amended.
+
+_Electors._ All male citizens, except paupers and persons excused from
+paying taxes at their own request, resident in the state six months, and
+in the town three months.
+
+_Legislature_--called _general court_. Senate, twelve members, elected
+annually in single districts; thirty years of age; inhabitants of the
+state seven years, and inhabitants of their respective districts.
+Representatives are apportioned among the towns according to ratable
+male polls, (male tax-payers;) state residence, two years. Senators and
+representatives must be of the Protestant religion. _Quorum_, a
+majority.
+
+Bills passed against the veto by two-thirds majorities--also become laws
+if not returned within five days, unless the return is prevented by
+adjournment.
+
+_Executive._ The governor is elected annually by majority. If no person
+has a majority, the two houses elect one of the two highest. Age, thirty
+years; inhabitant of the state, seven years, and a Protestant. Council
+of five, one in each district, elected annually by majority. Power of
+appointment and of pardon exercised by the governor and council. No
+lieutenant-governor.
+
+Secretary of state, treasurer, and commissary-general appointed by joint
+ballot of both houses.
+
+_Judiciary._ Judicial officers are appointed by the governor and
+council; justices of the peace for five years, judges of the higher
+courts during good behavior. Judges disqualified at seventy years of
+age.
+
+Attorney-general, solicitors, sheriffs, coroners, registers of probate,
+and naval and the higher militia officers, are appointed by the governor
+and council. County treasurers and registers of deeds are elected in the
+counties.
+
+_Amendments._ The sense of the people is taken every seven years; and if
+a majority favor a revision, the legislature calls a convention; and any
+alterations proposed by the convention must be approved by two-thirds of
+the qualified electors who vote thereon.
+
+
+
+Vermont.
+
+
+This state was admitted into the Union in 1791, with a constitution
+formed in 1777; the present one was adopted in 1793, and has been
+several times amended.
+
+_Electors._ Citizens having resided in the state one year, of quiet and
+peaceable behavior, are entitled to all the privileges of freemen, by
+taking an oath that, in giving their votes, they will so do it as they
+believe will conduce to the best good of the state.
+
+_Legislature._ Senate, thirty members, elected annually; apportioned
+among the counties according to population, each county to have at least
+one senator; age, thirty years; freemen of the county. Representatives
+are elected in towns, each town being entitled to at least one
+representative; resident of the state two years, of the town one year.
+
+_Quorum_, a majority. For raising a tax, two-thirds of the members
+elected must be present.
+
+Bills vetoed by the governor may be again passed by simple majorities.
+Bills not returned by the governor within five days become laws, unless
+their return is prevented by adjournment.
+
+_Executive._ The governor is elected annually by majority. If no person
+has a majority, the legislature chooses one of the three highest.
+Resident of the state four years. A lieutenant-governor.
+
+A secretary of state, chosen by the two houses; a treasurer, elected as
+governor and lieutenant-governor.
+
+_Judiciary._ A supreme court and county courts; the judges chosen
+annually by the senate and house; justices of the peace are elected in
+the towns; judges of probate in districts; assistant judges of county
+courts, sheriffs, high bailiffs, and state's attorneys, in their
+respective counties.
+
+_Amendments._ A council of thirteen censors, chosen every seven years,
+examines into the different departments, and have power to call a
+convention to amend the constitution.
+
+
+
+Massachusetts.
+
+
+The constitution of this state was formed in 1780. It has been several
+times amended.
+
+_Electors._ Every male citizen, except paupers and persons under
+guardianship, having resided in the state one year, in the town or
+district six months; and having paid a tax within two years, or is
+legally exempt from taxation.
+
+_Legislature_--styled _general court_. Senate, forty members, chosen in
+districts, and apportioned according to population; residents of the
+state five years, and inhabitants of the districts they represent.
+Representatives are apportioned among the towns and cities. Every town
+or city containing 1,200 inhabitants, is entitled to one, and an
+additional one for every 2,400 additional inhabitants. Residence one
+year in the towns they represent.
+
+Bills passed against the veto by two-thirds majorities--or become laws
+if not returned within five days, unless the legislature by adjournment,
+prevent their return.
+
+_Executive._ The governor is chosen annually, by majority. If no
+candidate has a majority, the house elects two of those voted for, (not
+exceeding four,) having the highest numbers of votes, of which two the
+senate elects a governor. He must have resided in the state seven years,
+and declare himself to be of the Christian religion. A council of nine,
+elected annually by joint ballot of the two houses, act with the
+governor in pardons and appointments, and in directing the affairs of
+state generally. Counselors must have resided in the state five years.
+
+The secretary, treasurer, receiver-general, commissary-general, notaries
+public, and naval officers, are chosen annually by the legislature.
+
+_Judiciary._ A supreme judicial court and a court of common pleas, held
+in every county of the state, and courts held by justices of the peace.
+All judicial officers are appointed by the governor and council;
+justices of the higher courts during good behavior, justices of the
+peace for seven years. The former are removable by the governor and
+council, or address of the legislature.
+
+The attorney-general, the solicitor-general, sheriffs, coroners, and
+registers of probate, are appointed as justices.
+
+_Amendments_ agreed to by a majority of the senators and two-thirds of
+the representatives at two successive sessions, are submitted to the
+qualified voters of the state for ratification.
+
+
+
+Rhode Island.
+
+
+A charter granted in 1663, by Charles II, to the Rhode Island and
+Providence Plantations, continued, with some modifications, the basis of
+government of this state, until 1842, when the present constitution was
+adopted.
+
+_Electors._ Every male _native_ citizen, resident in the state two
+years, in the town or city six months, and having within a year paid a
+tax of $1, or has done military duty. Also every naturalized citizen,
+resident in the state one year, in the town or city six months, owning
+real estate worth $134 above all incumbrances, or which rents for $7 a
+year. Voters in this state must be registered in the town clerk's
+office, at least seven days before they offer their votes.
+
+_Legislature_ styled _general assembly_. Representatives, not to exceed
+seventy-two, are apportioned among the towns, no town to have more than
+one-sixth of the whole house. The senate consists of the
+lieutenant-governor and one senator from each town or city. The
+governor, and in his absence, the lieutenant-governor, presides in the
+senate, and in grand committee, (the two houses united.) _Quorum_, a
+majority.
+
+Bills when passed by both houses are laws.
+
+_Executive._ The governor and lieutenant-governor are elected annually
+by majority. If no candidate has a majority, the two houses in joint
+assembly (grand committee) elect from the two having the highest numbers
+of votes.
+
+A secretary, an attorney-general, and a general treasurer, are elected
+in the same manner as the governor.
+
+_Judiciary._ A supreme court and such inferior courts as the legislature
+shall establish. Judges of the supreme court are elected by the two
+houses in grand committee. The judges hold their offices until their
+places shall be declared vacant by the general assembly.
+
+_Amendments_ must be agreed to by two successive legislatures, (a
+majority of all the members elected to each house voting in their
+favor,) and approved by three-fifths of the electors of the state voting
+thereon.
+
+
+
+Connecticut.
+
+
+This state was governed under a charter granted by Charles II, in 1662,
+until 1818, when the present constitution was adopted. This constitution
+has received numerous amendments.
+
+_Electors._ Every white male citizen, who has resided in the state a
+year, and in the town six months, who sustains a good moral character,
+and is able to read any section of the constitution of the state and of
+the constitution of the United States.
+
+_Legislature_--styled _general assembly_. Representatives are
+apportioned among the towns according to population. Any elector is
+eligible to either house. Senators, not less than eighteen, nor more
+than twenty-four, are chosen in districts, the number of which is not to
+be less than eight, nor more than twenty-four. _Quorum_, a majority.
+
+Bills rejected by the governor may be again passed by a majority of each
+house. Bills become laws also if not returned by the governor within
+three days, unless the legislature sooner adjourn.
+
+_Executive._ A governor and lieutenant-governor are elected annually.
+Any qualified elector thirty years of age is eligible. Election by
+majority. In case of a failure to elect, the general assembly chooses a
+governor from the two having the highest numbers of votes.
+
+A treasurer, a secretary, and a controller of public accounts, are
+elected as the governor and lieutenant-governor. A sheriff is elected in
+each county for three years.
+
+_Judiciary._ A supreme court, a superior court, and such inferior courts
+as the legislature shall establish. The judges are appointed by the
+general assembly; the judges of the supreme and superior courts for
+eight years; removable by the governor on address of two-thirds of each
+house. Judges of probate are chosen annually by the electors in
+districts; justices of the peace in the towns.
+
+_Amendments_ are proposed by a majority of the house of representatives,
+approved by two-thirds of both houses of the next legislature and a
+majority of the electors at an election.
+
+
+
+New York.
+
+
+The first constitution of this state was formed in 1777; the second in
+1821, and adopted in 1822; the present was formed and adopted in 1846.
+
+_Electors._ Every white male citizen, resident in the state a year, and
+in the county four months, and thirty days in the district which the
+person voted for is to represent. Naturalized persons must have been
+admitted as citizens ten days before voting. Colored men must have
+resided in the state three years, own a freehold of $250 in value over
+incumbrances, and have paid a tax thereon.
+
+_Legislature._ Senate, thirty-two members elected in single districts
+for two years. Assembly, one hundred and twenty-eight members,
+apportioned among the counties. Counties entitled to more than one
+member are divided into districts and a member is elected in each
+district. A census is taken, and a new apportionment made every ten
+years. A majority is a quorum to do business. The final passage of bills
+requires a majority of all the members. Bills may be passed against the
+veto by two-thirds majorities. They become laws if not returned within
+ten days, unless their return is prevented by adjournment.
+
+_Executive._ A governor is elected for two years; a citizen, thirty
+years of age; a resident of the state five years. A lieutenant-governor.
+
+_Judiciary._ A court of appeals, a supreme court, county courts, and
+courts held by justices of the peace. There are eight judicial
+districts, in each of which four justices of the supreme court are
+elected for eight years, two of them every two years. The court of
+appeals is composed of eight judges, four of whom are elected by the
+electors of the state for eight years, one every two years, and the
+other four are of the class of justices of the supreme court whose term
+has most nearly expired. In each county are held circuit courts and
+special terms of the supreme court, by one or more justices of the
+supreme court. General terms of the supreme court are held in the
+several districts by three or more of the justices. A county court is
+held by a county judge elected for four years, who is also _surrogate_,
+called in other states, _judge of probate_. In counties having more than
+40,000 inhabitants, a separate officer may be chosen as surrogate.
+Justices of the peace are elected in the several towns for four years.
+
+Judges of the court of appeals and justices of the supreme court may be
+removed by the legislature; county judges by the senate on
+recommendation of the governor.
+
+A secretary of state, a controller, a treasurer, an attorney-general,
+and a state engineer and surveyor, are chosen for two years; three canal
+commissioners and three inspectors of state prisons, for three years,
+one of each every year.
+
+Sheriffs, clerks of counties, coroners, and district attorneys, are
+elected for three years in the several counties. Sheriffs are ineligible
+for the next three years.
+
+_Amendments_ must receive the sanction of two successive legislatures,
+and of a majority of the electors voting thereon at an election.
+
+
+
+New Jersey.
+
+
+New Jersey, as a colony, adopted a constitution in 1776, under which the
+state was governed until the present constitution, framed in 1844, was
+adopted.
+
+_Electors._ White male citizens, who have resided in the state a year,
+and in the county five months.
+
+_Legislature._ A senate and general assembly. The senate consists of one
+senator from each county, elected for three years; one-third of the
+senators elected every year. Age, thirty years; residence in the state
+four years, and in the county one year. Members of the general assembly,
+not to exceed sixty, are apportioned among the counties according to
+population. Residence in the state two years, in the county one year. A
+majority is a _quorum_.
+
+The final passage of bills requires a majority of the members elected.
+The same majorities may pass bills disapproved by the governor. Bills
+become laws if not returned by the governor within five days, unless
+their return is prevented by adjournment.
+
+_Executive._ The governor is elected for three years, and is ineligible
+for the next three years. He must be thirty years of age; have been
+twenty years a citizen, seven years a resident of the state. The
+pardoning power is exercised by the governor in conjunction with the
+chancellor and the judges of the court of errors and appeals. No
+lieutenant-governor.
+
+The state treasurer, and the keeper and inspectors of the state prison
+are appointed annually by joint assembly of the two houses. The
+secretary of state, attorney-general, and prosecutors of the pleas, are
+appointed by the governor and senate, for five years.
+
+_Judiciary._ A court of errors and appeals; a court of chancery; a
+prerogative court; a supreme court; circuit courts; and inferior courts.
+The court of errors and appeals consists of the chancellor, the justice
+of the supreme court, and six judges, or a majority of them. The court
+of chancery consists of the chancellor, who is also the ordinary, or
+surrogate-general, and judge of the prerogative court, to which appeals
+are made from the orphans' court. The supreme court consists of a chief
+justice and four associates. The circuit courts are held in every county
+by one or more justices of the supreme court, or a judge appointed for
+that purpose. Chancellor and justices of the supreme court hold for
+seven years; judges of the court of errors and appeals for six years;
+and all are appointed by the governor and senate. The inferior court of
+common pleas shall not have more than five judges, one to be appointed
+every year by the senate and assembly.
+
+Justices of the peace, from two to five, are elected in each township
+and city ward, for five years.
+
+Sheriffs and coroners are elected annually in their respective counties,
+and may be re-elected until they shall have served three years; after
+which they are ineligible for three years.
+
+_Amendments_ must be agreed to by two successive legislatures, a
+majority of all the members elected to each house concurring, and be
+ratified by the electors at an election held for that purpose.
+Amendments, (if more than one,) must be submitted separately; and not
+oftener than once in five years.
+
+
+
+Pennsylvania.
+
+
+A Constitution was adopted in 1776; another in 1790; the present one in
+1838.
+
+_Electors._ White freemen, having resided in the state one year, in the
+election district ten days, and paid a tax within two years; if between
+twenty-one and twenty-two years, they need not have paid the tax. An
+elector having removed from the state and returned, may vote after six
+months residence in the state, and ten days in the district, and the
+payment of taxes.
+
+_Legislature_--called _general assembly_. Representatives are chosen
+annually, and apportioned every seven years among the counties according
+to the number of taxable inhabitants; number not less than sixty, nor
+more than one hundred. Age, twenty-one; residence in the state three
+years, one in the district. Senators are chosen for three years,
+(one-third every year,) in districts, not more than two in any district,
+unless the taxable inhabitants in any city or county entitle it to elect
+more; but no city or county may elect more than four. The whole number
+may not be less than one-fourth nor greater than one-third of the number
+of representatives. Twenty-five years; state residence, four years;
+district, one year.
+
+_Quorum_, a majority of each house. Bills passed against the veto by
+two-thirds majorities. Bills not returned by the governor within ten
+days, become laws, unless their return is prevented by adjournment.
+
+_Executive._ The governor is elected for three years, and may not hold
+the office more than six years in nine Age, thirty years; a citizen and
+inhabitant of the state, seven years. No lieutenant-governor.
+
+A secretary is appointed by the governor during pleasure. A treasurer is
+chosen annually by joint assembly.
+
+_Judiciary._ Supreme court, the judges elected for fifteen years; courts
+of oyer and terminer and general jail delivery in the counties, held by
+judges of the supreme court and court of common pleas; a court of common
+pleas in each judicial district, which may not include more than five
+counties, the presiding judge to hold his office for ten years, the
+associates for five years; a court of quarter sessions and orphans'
+court for each county, held by judges of the common pleas; a register's
+court for each county, composed of the register of wills and judges of
+the common pleas; and courts held in the several townships, wards, and
+boroughs, by justices of the peace or aldermen elected by the voters
+therein, for five years. Judges of the supreme court are elected by the
+people of the state at large; others are chosen in the districts or
+counties over which they preside.
+
+Sheriffs and coroners are elected in their counties for three years.
+Sheriffs may not be twice chosen in any term of six years.
+
+_Amendments_ must be agreed to by majorities of all the members of two
+successive legislatures, and ratified by a majority of the electors
+voting thereon. Amendments must be voted on separately; and none may be
+submitted to the electors oftener than once in five years.
+
+
+
+Delaware.
+
+
+The first constitution of this state was adopted in 1776; the present,
+in 1831, and has been amended.
+
+_Electors._ White males twenty-two years of age, having resided in the
+state one year, in the county one month, and within two years paid a
+county tax assessed at least six months before the election. If
+twenty-one, and under twenty-two years of age, they may vote without
+having paid any tax.
+
+_Legislature_--called _general assembly_. Representatives are chosen in
+counties for two years; must be twenty-four years of age; have been
+citizens and inhabitants of the state three years, of the county one
+year. Senators are elected in the counties for four years; the number
+not to be greater than one-half, nor less than one-third of the number
+of representatives. A senator must be twenty-seven years of age; have
+been a citizen and an inhabitant of the state three years, of the
+county, one year; and possess a freehold estate in the county of two
+hundred acres of land, or real and personal property, or either, worth
+£1,000, at least.
+
+A majority of each house is a quorum. Bills are not submitted to the
+governor.
+
+_Executive._ The governor is elected for four years, and is not
+eligible a second time. Thirty years of age; a citizen and inhabitant of
+the United States twelve years, of the state, six years. No
+lieutenant-governor.
+
+A secretary of state, appointed by the governor during his continuance
+in office; a state treasurer, biennially, by a concurrent vote of the
+two houses. [By this mode of election, the two houses do not meet and
+vote jointly, but they vote separately, as in passing laws.]
+
+_Judiciary._ Five judges appointed by the governor, of whom one is
+chancellor, and holds the court of chancery. Of the other four, one is
+chief-justice, and the other three are associate justices, of whom one
+resides in each county.
+
+The superior court, and the court of general sessions of the peace and
+jail delivery, consist of the chief-justice and two associates. The
+court of oyer and terminer consists of all the judges except the
+chancellor. The court of errors and appeals issues writs of error to the
+superior court, receives appeals from the court of chancery, and
+determines finally all matters in error in the judgments and proceedings
+of the superior court; and when thus acting, it consists of the
+chancellor and two of the other judges. In other cases, it is
+differently constituted. The orphans' court in each county is held by
+the chancellor and the associate judge residing in the county. The
+register's court in each county is held by the register of the county.
+
+Judges of the courts are appointed by the governor during good behavior;
+and they may be removed by him on the address of two-thirds of all the
+members of each branch of the general assembly.
+
+In pursuance of the power vested in the legislature to establish
+inferior courts, a court of common pleas is established in each county.
+
+Justices of the peace in each county are appointed by the governor for
+seven years, and may be removed as the judges.
+
+The attorney-general, registers, and prothonotaries are appointed for
+five years, removable in like manner.
+
+The sheriff and the coroner of each county are elected by the citizens
+thereof; but the legislature may vest their appointment in the governor.
+The sheriff may not be chosen twice in any term of six years.
+
+_Amendments_ are proposed by two-thirds of each house, with the
+approbation of the governor, and ratified by three-fourths of each
+branch of the next general assembly. Or, a convention to amend may be
+called by the legislature, in pursuance of the sense of the people
+expressed at a previous election.
+
+
+
+Maryland.
+
+
+The constitution of this state adopted in 1776, continued until 1851,
+when the present one was adopted.
+
+_Electors._ White male citizens, having resided a year in the state, and
+six months in the county.
+
+_Executive._ The governor is elected for four years; must be thirty
+years of age; have been a citizen five years, a resident of the state
+five years, and for three years a resident of the district from which he
+is elected. In case of vacancy, the general assembly elects a resident
+of the same district for the residue of the term. If the vacancy happens
+during the recess of the legislature, the president of the senate serves
+until the next session. No lieutenant-governor.
+
+A secretary of state is appointed by the governor and senate during the
+official term of the governor. A controller of the treasury is elected
+by the electors of the state for two years; and a treasurer and a state
+librarian are chosen by the legislature on joint ballot at each session.
+
+_Legislature._ A senate and a house of delegates, styled _general
+assembly_. Senators, one from each county and the city of Baltimore, are
+elected for four years, one-half every two years. Age, twenty-five
+years; residence, three years in the state, one in the county. Delegates
+are eligible at twenty-one; otherwise qualified as senators; elected for
+two years, apportioned among the counties according to population; the
+city of Baltimore to have four more delegates than the most populous
+county, and no county to have less than two delegates; the whole number
+not to be more than eighty, nor less than sixty-five.
+
+A majority constitutes a quorum. Bills must pass by majorities of all
+the members elected; and when so passed and sealed with the great seal,
+the governor is required to sign them in the presence of the presiding
+officers and chief clerks of both houses.
+
+_Judiciary._ A court of appeals, consisting of four judges, one of whom
+is elected in each judicial district for ten years. One is designated by
+the governor and senate as chief-justice. They must be thirty years of
+age, and have been citizens of the state five years. They are
+disqualified at seventy. There are eight judicial circuits, in each of
+which, except the fifth, is elected a judge, for ten years, who holds
+circuit courts in the counties within his circuit.
+
+There are, in the city of Baltimore, courts peculiar to that city.
+
+Justices of the peace and constables, are elected for two years in each
+ward of the city of Baltimore, and in each election district in the
+several counties.
+
+A sheriff and a state's attorney are elected in each county and the city
+of Baltimore, the former for two, and the latter for four years.
+Sheriffs are ineligible for the next two years.
+
+_Amendments_ may be made only by a convention, called by the legislature
+in pursuance of a vote of the people to be taken after each United
+States census.
+
+
+
+Virginia.
+
+
+A constitution was adopted in 1716; another in 1830; the present in
+1851.
+
+_Electors._ White male citizens, having resided in the state two years,
+and in the county, city or town where they offer to vote, one year.
+Votes are given openly, or _viva voce_. Dumb persons only vote by
+ballot.
+
+_Legislature._ Senate and house of delegates. Delegates, one hundred and
+fifty-two in number, are elected biennially, and apportioned among the
+several counties and election districts according to population. The
+senate consists of fifty members, elected in single districts for four
+years, one-half every two years. Apportionments are made every ten
+years. Delegates are eligible at the age of twenty-one years; senators
+at the age of twenty-five.
+
+_Quorum_, a majority. Bills to become laws, do not require the
+governor's approval.
+
+_Executive._ The governor is elected for four years, and is ineligible
+for the next term. He must be thirty years of age, a native citizen of
+the United States, and have been a citizen of the state five years. A
+lieutenant-governor.
+
+A secretary of state, a treasurer, and an auditor of public accounts,
+are elected for two years in joint assembly; an attorney general is
+elected for four years by the people at every election for governor.
+
+_Judiciary._ The state is divided into twenty-one judicial circuits, ten
+districts, and five sections, in each of which division, one judge is
+elected by the people; the circuit judges for eight years, the judges of
+the supreme court of appeals for twelve years. A circuit judge holds
+circuit courts in the several counties composing his district. The
+judges of the circuits constituting a section, and the judge of the
+supreme court of appeals for that section, hold district courts in such
+section. The supreme court of appeals consists of the five judges
+elected in the sections, and three of whom may hold a court. Judges may
+be removed by the legislature.
+
+A county court is held monthly in each county, by not less than three,
+nor more than five justices of the peace, except when the law requires a
+greater number. Each county is divided into districts, in each of which
+four justices are elected for four years. The justices so elected choose
+one of their own body as presiding justice of the county court.
+
+In each county are elected, a clerk of the county court and a surveyor,
+for six years; an attorney for four years; a sheriff for two years: and
+constables and overseers of the poor as may be prescribed by law.
+
+_Amendments._ The constitution does not provide for its amendment. The
+last two constitutions were framed by conventions authorized by acts of
+the legislature, and ratified by the electors.
+
+
+
+North Carolina.
+
+
+This state adopted a constitution in 1776, which was amended in 1835.
+
+_Legislature._ A senate and a house of commons, called the _general
+assembly_. The senate consists of fifty members, chosen biennially, in
+single districts, which are laid off in proportion to the average amount
+of taxes paid by the citizens during the five years preceding. Senators
+must have resided within their respective districts a year, and possess
+not less than three hundred acres of land. The house of commons is
+composed of one hundred and twenty members, chosen biennially, and
+apportioned among the counties, according to population, three-fifths of
+the slaves being added to the number of free persons. They must have
+resided a year in the counties they represent, and possess one hundred
+and twenty acres of land.
+
+Bills passed by both houses become laws without being presented to the
+governor.
+
+_Executive._ A governor is elected every two years, and is eligible only
+four years in any term of six years. He must be thirty years of age;
+must have been a resident of the state five years, and must have in the
+state a freehold of the value of £1,000. No lieutenant-governor.
+
+There is a council of seven persons to advise the governor; a secretary
+of state, and a treasurer, all chosen by joint vote of the two houses at
+each session, for two years; and an attorney-general for four years,
+unless for certain reasons the term shall be altered.
+
+_Judiciary._ A supreme court, superior courts, courts of admiralty, and
+justices' courts. The judges are appointed by the general assembly, and
+hold during good behavior. Justices of the peace, within their
+respective counties, are recommended to the governor by the
+representatives of the general assembly. They are commissioned by the
+governor, and hold during good behavior.
+
+_Electors._ White freemen, inhabitants of the state one year, who have
+paid taxes. Voters for senators are required also to own a freehold of
+fifty acres.
+
+_Amendments._ A convention may be called by a majority of two-thirds of
+all the members of each house of the general assembly. Or, amendments
+may be proposed by majorities of three-fifths of all the members of both
+houses; and they take effect when agreed to by two-thirds majorities of
+the whole representation in the next assembly, and ratified by the
+qualified voters of the state.
+
+
+
+South Carolina.
+
+
+The first constitution of this state was formed in 1775; the present in
+1790. Its principal amendments were made in 1808.
+
+_Legislature._ A senate and a house of representatives, styled _general
+assembly_. The house consists of one hundred and twenty-four members,
+elected for two years in districts, and apportioned according to the
+number of white inhabitants and the amount of taxes paid therein.
+Residence in the state three years: and if a resident of the election
+district, a freehold of five hundred acres of land and ten negroes, or a
+real estate worth £150 sterling, clear of debt; if a non-resident of the
+district, a clear freehold of £500 sterling. Senators, forty-five,
+elected by districts, for four years, one-half every two years; each
+district, except one, having one senator. Age, thirty years, state
+residence, five years. If a resident in the district, a clear freehold
+of £300 sterling; if a non-resident, a freehold in the district of
+£1,000.
+
+Bills passed by both houses are laws without being presented to the
+governor.
+
+_Executive._ The governor and lieutenant-governor are chosen by the
+legislature for two years. Age, thirty years: state residence, ten
+years; a clear freehold in the state of £1,500 sterling. A governor is
+ineligible for the next four years.
+
+Commissioners of the treasury, secretary of state, and surveyor-general,
+are elected by joint ballot of both houses for four years, and
+ineligible for the next four years.
+
+_Judiciary._ Such superior and inferior courts of law and equity as the
+legislature may establish. The judges are appointed by the legislature
+during good behavior.
+
+_Electors._ White male citizens, resident in the state two years, and
+owning a freehold of 50 acres of land, or a town lot, which he has owned
+six months; or, not having such freehold, or town lot, resident in the
+election district six months, and having paid a tax the preceding year
+of three shillings sterling.
+
+_Amendments_ may be made by a convention called by two-thirds of all the
+members of both branches. Alterations may also be made by like
+majorities of two successive legislatures.
+
+
+
+Georgia.
+
+
+The first constitution was formed in 1777; the second in 1785; the
+present in 1798, and amended in 1839, and 1844.
+
+_Legislature._ Senate and house, together styled _general assembly_. The
+members of both houses are elected biennially. Representatives are
+apportioned among the counties according to population, including
+three-fifths of the slaves. Age, twenty-one years; citizenship, seven
+years; state residence, three years; county, one year. Senators are
+elected in districts. Age, twenty-five years; citizenship, nine years;
+state residence, three years; district, one year.
+
+Bills are passed against the veto by two-thirds majorities. Bills not
+returned by the governor within five days are laws, unless their return
+is prevented by adjournment.
+
+_Executive._ The governor is elected for two years; must be thirty years
+of age; have been a citizen of the United States twelve years, of the
+state, six years. No lieutenant-governor.
+
+Secretary of state, treasurer, and surveyor-general, are elected for two
+years.
+
+_Judiciary._ A supreme court for the correction of errors, to consist of
+three judges chosen by the legislature for six years, one every two
+years; a superior court, whose judges are elected in their several
+circuits for four years; inferior courts, one in each county, consisting
+of five judges, elected by the people; courts held by justices of the
+peace elected for four years.
+
+Sheriffs are elected for two years, but may not be twice elected in four
+years.
+
+_Electors_, white male citizens and inhabitants of the state, having
+resided in the county six months, and paid all the taxes required of
+them, and which they had an opportunity of paying the preceding year.
+
+_Amendments_ may be made by two successive legislatures, two-thirds of
+both houses concurring.
+
+
+
+Florida.
+
+
+This state was admitted into the union with its present constitution, by
+act of congress, March 3, 1845.
+
+_Executive._ The governor is elected for four years, and is ineligible
+for the next term. Age, thirty years; citizenship; state residence five
+years. No lieutenant-governor.
+
+A secretary of state, elected by the people for four years; a treasurer
+and a controller of public accounts for two years.
+
+_Legislature._ A senate and a house of representatives, styled, the
+_general assembly_. Representatives are apportioned among the counties
+according to the number of free whites and three-fifths of the slaves;
+the number not to exceed sixty. They are elected biennially. Age,
+twenty-one; citizenship; state residence, two years; county, one year.
+Senators are elected in districts, at least one in each district, for
+four years, one-half every two years; the number to be not less than
+one-fourth, nor more than one-half of the number of representatives.
+Age, twenty-five years; other qualifications the same as those of
+representatives.
+
+Bills become laws against the veto by majorities of all the members
+elected.
+
+_Judiciary._ A supreme court, courts of chancery, circuit courts, and
+justices of the peace. The supreme court consists of three judges
+elected by the people for six years. The state is divided into four
+circuits, and a judge elected in each judicial circuit for six years,
+who presides in the courts held in his circuit. Justices of the peace
+for each county are appointed or elected, as the general assembly may
+direct.
+
+An attorney-general is chosen by joint vote of the two houses, for four
+years.
+
+_Electors._ White male citizens, residents of the state two years, of
+the county, six months; enrolled in the militia, unless by law exempted
+from serving. The general assembly is required to provide for
+registering the qualified electors of each county.
+
+_Amendments._ A convention may be called by the general assembly,
+two-thirds of each house concurring. Alterations may be made by like
+majorities of two successive legislatures.
+
+
+
+Alabama.
+
+
+This state was admitted into the union in 1819, with its present
+constitution.
+
+_Legislature_--called the _general assembly_. Representatives are
+apportioned among the counties according to the free white population;
+chosen biennially; must be twenty-one years of age, residents of the
+state two years, and of the county, city or town they represent, one
+year. Senators are chosen in single districts for four years, one-half
+of them every two years; must be twenty-seven years of age; residence
+the same as representatives. The number of representatives may not
+exceed one hundred; the number of senators may not exceed thirty-three.
+
+Bills negotiated by the governor, may be passed by majorities of all the
+members elected. If not returned within five days, vetoed bills become
+laws unless their return is prevented by adjournment.
+
+_Electors._ White male citizens, having resided in the state one year,
+in the county, city, or town, three months.
+
+_Executive._ The governor is elected for two years, and eligible four
+years in any term of six years. He must be thirty years of age, a native
+citizen of the United States, and have been a resident of the state four
+years. No lieutenant-governor.
+
+A secretary of state is chosen biennially, and a treasurer and a
+controller of public accounts are chosen annually, by joint vote of both
+houses.
+
+_Judiciary._ A supreme court; circuit courts to be held in each county;
+and inferior courts of law and equity, to be established by the general
+assembly. Judges of the supreme court, and chancellors are chosen by the
+legislature for six years; judges of the circuit and inferior courts by
+the people for the same term. A competent number of justices of the
+peace, and a sheriff, are elected in each county.
+
+An attorney-general for the state, and the requisite number of
+solicitors are elected by joint vote of the general assembly, for four
+years.
+
+_Amendments_ are proposed by one legislature, approved by the electors
+at the next election for representatives, and ratified by the next
+legislature; two-thirds majorities being required in both cases.
+
+
+
+Mississippi.
+
+
+In 1817, this state was admitted into the union with a constitution
+adopted the same year. The present constitution was formed in 1832.
+
+_Electors._ White male citizens, residents of the state one year, of the
+county, four months. An elector who happens to be in any county, city,
+or town, other than that of his residence, or who may have removed to
+any such place within four months preceding an election, may vote for
+such officers as he could have voted for in the county of his residence,
+or from which he removed.
+
+_Legislature._ Representatives, not less than thirty-six, nor more than
+one hundred, are elected for two years in the several counties, among
+which they are apportioned according to the number of white inhabitants.
+They must have been residents of the state two years, one of the county.
+Senators, not less than one-fourth, nor more than one-third of the
+number of representatives, are elected by districts for four years. Age,
+thirty years; state residence, four years; district one year.
+
+Bills are passed against the veto by two-thirds majorities. Bills must
+be returned within six days, or they become laws, unless their return is
+prevented by adjournment.
+
+_Judiciary._ A high court of errors and appeals, consisting of three
+judges, one in each district, elected for six years; a circuit court to
+be held in each county at least twice a year, the judges to be elected
+in their respective judicial districts for four years; a superior court
+of chancery, the chancellor to be elected by the electors of the whole
+state for six years; a court of probate in each county, the judge to be
+elected for two years; a competent number of justices of the peace and
+constables, chosen in each county for two years. Other inferior courts
+may be established by the legislature.
+
+An attorney-general is chosen by the electors of the state, and a
+competent number of district-attorneys in their respective districts. A
+sheriff and one or more coroners are elected in each county for two
+years.
+
+_Executive._ The governor is elected for two years; must be thirty years
+of age; have been a citizen twenty years, a resident of the state five
+years; and may not hold the office more than four years in six. No
+lieutenant-governor.
+
+A secretary of state, a treasurer, and an auditor of public accounts,
+are elected for two years.
+
+_Amendments_ are proposed by two-thirds of both branches of the
+legislature, and ratified by the people at the next election.
+
+
+
+Louisiana.
+
+
+This state was admitted into the union in 1812, with a constitution
+formed the same year. In 1845, a second, and in 1852 the present
+constitution was adopted.
+
+_Legislature_--styled _general assembly_. Representatives are
+apportioned among the several parishes, (corresponding to counties in
+other states,) and are elected for two years; the number not to exceed
+one hundred, nor to be less than seventy. Senators, in number
+thirty-two, are apportioned among the districts according to population,
+and are elected for four years, one-half every two years. Every
+qualified elector is eligible to a seat in either house.
+
+Vetoed bills are passed by majorities of two-thirds of all the members.
+They become laws if not returned within ten days, unless their return is
+prevented by adjournment; in which case they will become laws if not
+sent back within three days after the commencement of the next session.
+
+_Executive._ The governor is elected for four years, and is ineligible
+the next four. Age, twenty-eight years; citizenship, and residence in
+the state four years. A lieutenant-governor.
+
+A secretary of state and a treasurer are elected by the electors, the
+former for four years, the latter for two years.
+
+_Judiciary._ A supreme court and such inferior courts as the legislature
+may establish, and justices of the peace. The supreme court is composed
+of a chief-justice and four associate justices; the former elected by
+the electors of the state at large, the latter in their respective
+districts. They are elected for ten years, one of the five every two
+years. Judges of the inferior courts are elected in their respective
+parishes or districts. Justices of the peace are elected for two years
+by the electors in each parish, district, or ward.
+
+An attorney-general and a requisite number of district-attorneys, are
+elected for four years; the former by the electors of the whole state,
+the latter in their respective districts.
+
+A sheriff and a coroner are elected in each parish for two years.
+
+_Electors._ White males, having been citizens two years, residents of
+the state one year, and of the parish six months. An elector removing
+from one parish to another, may vote in the former until he shall have
+become a voter in the latter.
+
+_Amendments_ are proposed by two-thirds of all the members of each
+house, and ratified by a majority of the electors voting thereon at the
+next general election.
+
+
+
+Texas.
+
+
+Texas, formerly a part of Mexico, declared itself independent in 1835.
+By a joint resolution of congress, approved December 29, 1845, this
+independent republic was admitted as a state into the union.
+
+_Electors._ White male citizens who have resided in the state one year,
+and the last six months in the district, city, or town in which they
+offer to vote. If an elector happens to be in any other county within
+his district, he may there vote for any district officer; and he may
+vote any where in the state for state officers.
+
+_Legislature._ Representatives, not less than forty-five, nor more than
+ninety, are apportioned among the counties according to the free
+population, and are elected for two years. They must have been residents
+of the state two years, of the county, city, or town they represent, one
+year. Senators, no less than nineteen, nor more than thirty-three, are
+elected in districts for four years, one-half every two years; must be
+thirty years of age; inhabitants of the state three years, of the
+district one year.
+
+Bills negatived by the governor become laws when passed by two-thirds of
+both houses; bills not returned within five days become laws. Two-thirds
+of each house constitutes a quorum.
+
+_Judiciary._ A supreme court, district courts, and such inferior courts
+as the legislature may establish. The supreme court consists of a
+chief-justice and two associates, and has appellate jurisdiction
+chiefly. It holds sessions once a year in not more than three places in
+the state. District courts are held by the judge of each judicial
+district at one place in each county at least twice a year. The judges
+of both the supreme and district courts are elected by the people for
+six years.
+
+A convenient number of justices of the peace, one sheriff, one coroner,
+and a sufficient number of constables, are elected in each county for
+two years. The sheriff is eligible only four years in six.
+
+_Executive._ The governor is elected for two years; is eligible four
+years in every six. Age, thirty years; state residence, three years; a
+citizen of the United States, or a citizen of the state of Texas at the
+time of the adoption of the constitution. A lieutenant-governor.
+
+A treasurer, a controller of public accounts, and an attorney-general
+are elected by the people for two years. A secretary of state is
+appointed by the governor and senate, to hold during the official term
+of the governor.
+
+_Amendments_ are proposed by two-thirds majorities of the legislature,
+approved by the electors, and ratified by majorities of two-thirds of
+the next legislature.
+
+
+
+Arkansas.
+
+
+In 1836, this state was admitted into the union with its present
+constitution, which was slightly amended in 1845.
+
+_Electors._ White male citizens, residents of the state six months, and
+actual residents of the county.
+
+_Legislature_--styled _general assembly_. Representatives, not more than
+one hundred, nor less than fifty-four, are apportioned among the
+counties according to the number of free white male inhabitants, and are
+elected for two years. Age, twenty-five years; residents of the counties
+they represent. Senators are chosen in single districts for four years,
+one-half every two years; the number to be not less than seventeen, nor
+more than thirty-three. Age, thirty years, inhabitants of the state one
+year, and actual residents of the district they represent.
+
+General elections are _viva voce_, until otherwise directed by law.
+Bills are passed against the veto by majorities of all the members.
+Bills not returned within three days become laws, unless their return is
+prevented by adjournment.
+
+_Executive._ The governor is elected for four years, and is ineligble
+more than eight in twelve years. Age, thirty years; residence in the
+state four years. No lieutenant-governor.
+
+A secretary of state for four years, and an auditor and a treasurer for
+two years, are elected by a joint vote of both houses.
+
+_Judiciary._ A supreme court, circuit courts, county courts, and
+justices of the peace. The supreme court is composed of three judges,
+elected by the legislature for eight years; one every four years, one
+every six, and one every eight years. In each circuit a judge is elected
+by the legislature for four years. There is in each county a county
+court held by justices of the peace. Justices are elected in the
+townships for two years.
+
+An attorney of state is elected in each judicial district for two years.
+
+A sheriff, a coroner, a treasurer and a county-surveyor, are elected in
+each county for two years.
+
+_Amendments_ may be made by two successive legislatures, by two-thirds
+majorities.
+
+
+
+Missouri.
+
+
+This state was admitted into the union in 1821. The present constitution
+was adopted in 1820, and has been several times amended.
+
+_Legislature_--styled the _general assembly_. Representatives are
+apportioned among the counties on the basis of the white population, and
+are elected for two years. Age, twenty-four years; state residence, two
+years; county or district one year; payment of state or county tax.
+Senators, not to be less than twenty-five, nor more than thirty-three,
+are chosen in single districts for four years, one-half every two
+years. Age, thirty years; residence in the state, four years; in the
+district, one year; payment of a state or county tax.
+
+Sessions of the legislature are limited to sixty days. Bills vetoed by
+the governor must be passed by majorities of all the members to become
+laws. Bills not returned by the governor within four days become laws,
+unless their return is prevented by adjournment.
+
+_Electors._ White male citizens, having resided in the state one year,
+in the county or district three months.
+
+_Executive._ The governor is elected for four years, and is ineligible
+the next four; must be thirty years of age; have been a citizen of the
+United States ten years, and of the state five years. A
+lieutenant-governor.
+
+A secretary of state, an auditor of public accounts, a treasurer, an
+attorney-general, and a register of lands, are elected by the people for
+four years.
+
+_Judiciary._ A supreme court, circuit courts, justices of the peace, and
+such other tribunals as the general assembly shall establish. The three
+judges of the supreme court are elected by the electors of the state for
+six years. A judge in each of the circuits is elected by the electors
+thereof for six years. Justices of the peace are elected in the
+townships.
+
+_Amendments_ may be proposed every fourth year by a majority of the
+whole of each house; and they take effect when ratified by the electors
+of the state.
+
+
+
+Tennessee.
+
+
+This state was admitted into the union with its first constitution in
+1796. The present one was formed in 1835.
+
+_Legislature_--styled _general assembly_. Representatives are
+apportioned among the counties or districts according to the number of
+qualified voters in each, and are not to exceed seventy-five until the
+population of the state shall be 1,500,000, and may never exceed
+ninety-nine. They must be citizens of the state three years, and
+residents of the county they represent one year. Senators are
+apportioned as representatives; the number not to exceed one-third of
+the number of representatives; must be thirty years of age; in other
+respects qualified as representatives. Both are elected biennially.
+
+Bills passed by both houses are laws without having been presented to
+the governor. _Quorum_, two-thirds of each house.
+
+_Executive._ The governor is elected for two years; and may not hold the
+office more than six in any term of eight years. He must be thirty years
+of age, and have been a citizen of the state seven years. No
+lieutenant-governor.
+
+A secretary of state for four years, and a treasurer for two years, are
+chosen by joint vote of the general assembly.
+
+_Electors._ White males having been citizens of the county six months;
+also male persons of color, twenty-one years of age, who are competent
+witnesses in a court of justice against a white man.
+
+_Judiciary._ A supreme court, such inferior courts as the legislature
+may establish, and justices' courts. The supreme court consists of three
+judges, one in each of the grand divisions of the state, elected for
+twelve years. Judges of inferior courts are elected for eight years. For
+the election of justices of the peace, each county is divided into
+districts of convenient size, in each of which are elected two justices
+and one constable. A district containing a county town, may elect three
+justices and two constables.
+
+Attorneys for the state are elected by joint assembly for six years.
+
+In each county are elected one sheriff, and one trustee for two years;
+and one register for four years. The justices of the peace of each
+county elect one coroner and one ranger for two years.
+
+_Amendments_ are proposed by majorities of all the members elected,
+approved by two-thirds of all the members of the next legislature, and
+ratified by the people.
+
+
+
+Kentucky.
+
+
+The first constitution of this state was adopted in 1790; and the state
+was admitted with the same in 1792. Another was adopted in 1799; and the
+present in 1850.
+
+_Legislature_--styled _general assembly_. The house of representatives
+consists of one hundred members, elected for two years; apportioned
+among the counties in proportion to the qualified voters. Age,
+twenty-four years; state residence, two years; county, one year. When a
+city or town has a sufficient number of voters, it may elect one or more
+representatives. Senate, thirty-eight members, one elected in each
+district for four years; one-half every two years. Age, thirty years;
+residence in the state six years, in the district, one year.
+
+Bills vetoed by the governor, if again passed by majorities of all the
+members elected, are laws; also if not returned by him within ten days,
+unless the return is prevented by adjournment; in which case they become
+laws, unless sent back within three days after the commencement of the
+next session.
+
+_Executive._ The governor is elected for four years, and is ineligible
+the next four. Age, thirty-five years; residence in the state six years.
+A lieutenant-governor.
+
+A treasurer for two years; and an auditor of public accounts, a register
+of the land-office, and an attorney-general for four years, are chosen
+by the electors.
+
+_Judiciary._ A supreme court, styled court of appeals, consisting of
+four judges, one to be elected in each district for eight years, in such
+rotation that one may be elected every two years. Should the number be
+changed, the principle of electing one every two years is to be
+preserved. A circuit court to be held in each county by a district
+judge, one to be elected in each of the twelve judicial districts, for
+six years. The number of districts may be increased, but may not exceed
+sixteen until the population shall exceed 1,500,000. A county court in
+each county, consisting of a presiding judge and two associates, elected
+for four years. Other inferior courts may be established by law.
+
+Justices of the peace in each county are elected in districts, two in
+each district for four years, and a constable for four years. A state's
+attorney for each judicial district; a sheriff in each county, for two
+years, and several other county officers.
+
+_Electors._ White male citizens who have resided in the state two years;
+in the county, town, or city, one year; and in the precinct in which
+they offer to vote, sixty days.
+
+_Amendments_ by conventions only are provided for. No convention may be
+called by the legislature, until a majority of all the voters of the
+state shall have voted at two successive elections in favor of calling a
+convention.
+
+
+
+Ohio.
+
+
+The first constitution of this state was adopted in 1802, preparatory to
+her admission into the union; the present one, in 1851.
+
+_Legislature_--styled _general assembly_. Senators and representatives
+are elected biennially in their respective counties or districts, in
+which they must have resided a year. The ratio of representation in the
+house is ascertained by dividing the whole population of the state by
+the number one hundred; the quotient being the ratio for the next ten
+years. The ratio for a senator is ascertained by dividing the whole
+population by thirty-five. Senators are elected in districts. The
+representation of fractions of population is provided for.
+
+Bills are not submitted to the governor. Quorum, not less than a
+majority.
+
+_Executive._ A governor, a lieutenant-governor, a secretary of state, a
+treasurer, and an attorney-general, are elected for two years; and an
+auditor for four years.
+
+_Judiciary._ A supreme court consisting of five judges chosen by the
+electors of the state at large for five years, one, every year. The
+number may be altered by law. A district court in each of the nine
+common pleas districts, composed of a supreme court judge and the judges
+of the court of common pleas of the respective districts, and held in
+each county within a district, or in at least three places in each
+district. One or more of these judges hold a court of common pleas in
+every county in the district. A county probate judge is elected for
+three years.
+
+Justices of the peace, a competent number, are elected in each township
+for three years.
+
+A sheriff is elected in each county for two years, but may hold only
+four years in any period of six years.
+
+_Electors._ White male citizens who have resided in the state one year,
+and in the county, township, or ward, such time as the law shall
+prescribe.
+
+_Amendments_ are proposed by three-fifths of all the members elected to
+each house, and ratified by a majority of the voters who vote thereon at
+an election. Or a majority of two-thirds of all the members of each
+house may submit to the electors the question of calling a convention;
+and if a majority of the electors vote for a convention, the legislature
+shall provide for calling the same. Every twentieth year, the question
+of calling a convention is to be submitted to the electors.
+
+
+
+Indiana.
+
+
+This state formed a constitution and was admitted into the union, in
+1816. The present constitution was adopted in 1851.
+
+_Electors._ White male citizens, having resided in the state six months.
+Also foreigners who have resided in the United States one year, in the
+state six months, and have declared their intention to become citizens.
+
+_Legislature_--styled _general assembly_. The number of senators may not
+exceed fifty; the number of representatives may not exceed one hundred;
+both to be chosen in their respective counties or districts, senators
+for four years, one-half every two years; representatives for two years.
+Both are apportioned according to the number of white male inhabitants
+twenty-one years of age, every six years. They must have been citizens
+of the state two years; of the county or district, one year. Senators
+must be twenty-five years of age.
+
+Quorum, two-thirds. Bills must be finally passed by majorities of all
+the members elected. The same majorities enact a bill disapproved by the
+governor. If he does not return a bill within three days, it is a law,
+unless its return is prevented by adjournment; in which case it will be
+a law, unless he shall, within five days after the adjournment, file the
+bill, with his objections, in the office of the secretary of state, who
+shall lay the same before the general assembly at the next session, as
+if it had been returned by the governor. Bids may not be presented to
+the governor within two days previous to the adjournment.
+
+_Executive._ The governor is elected for four years; and is eligible
+only four years in eight. Age, thirty years; citizenship, five years;
+state residence, five years. A lieutenant-governor.
+
+A secretary of state, an auditor, and a treasurer, are elected for two
+years, and are eligible four years in six.
+
+_Judiciary._ A supreme court, circuit courts, and such inferior courts
+as the general assembly may establish. Judges of the supreme court, not
+less than three nor more than five, one in each district, are elected by
+the electors of the state at large, for six years. Circuit courts
+consist of a judge for each judicial circuit, chosen by the electors
+thereof, for six years; and a prosecuting attorney for the circuit, for
+two years. Justices of the peace are elected for four years in the
+townships.
+
+There are elected in each county, a clerk of the circuit court, an
+auditor, a recorder, a treasurer, a sheriff, a coroner, and a surveyor;
+the first three for four years; the others for two years. The sheriff
+and treasurer are eligible only four years in eight; the first three
+eight years in twelve.
+
+_Amendments_ must be agreed to by two successive legislatures, a
+majority of all the members of each house concurring, and ratified by
+the electors of the state.
+
+
+
+Illinois.
+
+
+Illinois was admitted into the union in 1818. The present constitution
+is dated August 31, 1847.
+
+_Legislature_--styled _general assembly_. Representatives are elected
+for two years; must be twenty-five years of age; inhabitants of the
+state three years, and of the county or district, one year; and have
+paid a state or county tax. The number is never to exceed one hundred.
+The districts are not limited to a single representative. The senate
+consists of twenty-five members, elected in single districts, for four
+years, one-half every two years; must be thirty years of age; citizens
+of the United States; inhabitants of the state five years, of the county
+or district, one year; and have paid a county or state tax.
+Apportionments of senators and representatives are made after each
+census, taken in 1855, and every ten years thereafter.
+
+Quorum, two-thirds. Bills passed against the veto by a majority of all
+the members elected to each house. If not returned within ten days, they
+are laws, unless their return is prevented by adjournment; in which case
+they must be returned on the first day of the next legislative session,
+or they will be laws.
+
+_Executive._ The governor is elected for four years, and is eligible
+four years in eight. Age, thirty-five years; citizenship, fourteen
+years; state residence, ten years. A lieutenant-governor.
+
+A secretary of state and an auditor of public accounts are elected for
+four years, and a treasurer for two years.
+
+_Judiciary._ A supreme court of three judges, one to be chosen in each
+of the three grand divisions, for nine years, one every three years; the
+one oldest in commission to be chief-justice. The legislature may
+provide for their election by the whole state. Circuit judges are
+elected for six years, one in each of the nine judicial districts, the
+number of which may be increased, if necessary. A circuit court is to be
+held two or more terms annually in each county. A judge of the county
+court is elected in each county for four years, and has also probate
+jurisdiction.
+
+Justices of the peace are elected in each county by districts for four
+years. Inferior local courts may be established in the cities by the
+legislature.
+
+A state's attorney is elected in each judicial circuit, for four years;
+or in each county, if the legislature shall so direct. In each county a
+clerk of the circuit court is elected for four years and a sheriff for
+two years, who is eligible only once in four years; a supreme court
+clerk by the electors of each grand division.
+
+_Electors._ White male citizens having resided in the state one year. A
+poll or capitation-tax of not less than fifty cents, nor more than a
+dollar, may, in case of necessity, be laid upon every voter under sixty
+years of age.
+
+_Amendments_ must be proposed by two-thirds majorities of all the
+members of one legislature, approved by majorities of all the members of
+the next legislature, and ratified by the electors at the next general
+election. Or, the legislature, by two-thirds majorities of all the
+members, may submit to the people the question of calling a convention;
+and if a majority of the electors voting for representatives shall vote
+for a convention, an act for calling one shall be passed.
+
+
+
+Michigan.
+
+
+This state was admitted into the union in 1836. The present constitution
+was adopted in 1850.
+
+_Legislature._ The senate has thirty-two members, elected in single
+districts, for two years. Representatives, not less than sixty-four, nor
+more than one hundred, are elected also in single districts, for two
+years. An apportionment of members is made every ten years. Any
+qualified elector holding no other office, is eligible to either house.
+
+The final passage of bills requires a majority of all the members
+elected to each house. Majorities of two-thirds of all the members pass
+bills against the veto. Bills not returned within ten days, are laws
+unless their return is prevented by adjournment. Bills passed within
+the last five days of a session, may be signed by the governor and filed
+by him in the office of the secretary of state within five days after
+the adjournment; and the same become laws.
+
+_Executive._ The governor is elected for two years; must be thirty years
+of age; have been a citizen of the United States five years, and a
+resident of the state two years. A lieutenant-governor.
+
+_Judiciary._ A supreme court, circuit courts, a probate court, and
+justices of the peace. For six years, and until the legislature shall
+otherwise provide, the circuit judges are to be judges of the supreme
+court. After six years, a supreme court may be organized, consisting of
+a chief-justice and three associate justices, chosen by the electors for
+eight years, and so classed that only one of them shall go out of office
+at a time. A circuit judge is elected in each of the eight judicial
+circuits for six years. The number of circuits may be increased. The
+probate judge of each county is elected for four years.
+
+Justices of the peace, not exceeding four, are elected in each township,
+for four years.
+
+_Electors._ White male citizens who have resided in the state three
+months, and in the township or ward ten days; also foreigners after a
+residence of two and a half years in the state, and a declaration of
+their intention to become citizens; and civilized males of Indian
+descent.
+
+A secretary of state, a superintendent of public instruction, a
+treasurer, a commissioner of the land-office, an auditor-general, and
+attorney-general, are elected for two years.
+
+In each county are elected a sheriff, a county clerk, a county
+treasurer, a register of deeds, and a prosecuting attorney, all for two
+years. The sheriff can hold only four years in six. The board of
+supervisors may unite the offices of clerk and register in one office.
+
+_Amendments_ are proposed by two-thirds of all the members of each
+branch, and ratified by a majority of the electors voting thereon at the
+next general election. Every sixteenth year the question of a general
+revision of the constitution by a convention shall be submitted to the
+electors of the state.
+
+
+
+Wisconsin.
+
+
+This state was admitted into the union by an act of congress, May 29,
+1848.
+
+_Electors._ White male citizens, or foreigners who have declared their
+intention to become citizens, having resided in the state one year; also
+civilized persons of Indian descent, not members of any tribe.
+
+_Legislature._ A senate and an assembly. Members of the assembly are
+elected annually; the number not to be less than fifty-four, nor greater
+than one hundred. The number of senators may not be less than
+one-fourth, nor greater than one-third of the number of members of
+assembly. Senators are chosen for two years, half every year. Members of
+both houses are elected in single districts, apportioned every five
+years; and must have resided in the state a year, and be qualified
+electors of the districts.
+
+Bills are passed over the veto by majorities of two-thirds. Quorum, a
+majority.
+
+_Executive._ The governor is elected for two years. Any citizen of the
+United States and qualified elector of the state, is eligible to the
+office of governor or lieutenant-governor.
+
+A secretary of state, a treasurer, and an attorney-general, are elected
+for two years.
+
+Sheriffs, coroners, registers of deeds, and district-attorneys, are
+elected in counties, for two years. Sheriffs are ineligible for the next
+two years.
+
+_Judiciary._ A supreme court, circuit courts, courts of probate, and
+justices of the peace. Inferior courts, with limited civil jurisdiction,
+may be established by law in the several counties. By the constitution,
+the judges of the circuit courts were to be judges of the supreme court
+for five years, and until the legislature should otherwise provide. A
+separate supreme court may be organized, to consist of a chief-justice
+and two associate justices elected by the electors of the state for six
+years; one only to be elected at a time. The circuit judges also, one in
+each judicial circuit, are elected for six years. The supreme court
+shall hold at least one term annually at the seat of government, and at
+such other places as the legislature may provide. A circuit court is to
+be held at least twice a year in each county.
+
+A judge of probate is chosen in each county for two years; but the
+office may be abolished, and probate powers conferred on inferior county
+courts. Justices of the peace are elected in the several towns, cities,
+and villages, for two years.
+
+_Amendments_ are to be approved by a majority of the whole of each house
+of two successive legislatures, and ratified by the people. Also the
+legislature may submit to the people the question of calling a
+convention to revise or change the constitution.
+
+
+
+Iowa.
+
+
+The state of Iowa was admitted into the union by an act of congress
+approved December 28, 1846.
+
+_Electors._ White male citizens, resident in the state six months, and
+in the county twenty days.
+
+_Legislature._ The two houses are called the _general assembly_.
+Representatives are elected in their respective districts for two years;
+their number to be not less than thirty-nine, nor exceed seventy-two.
+They must be inhabitants of the state one year, and residents of the
+county or district thirty days. Senators, in number not less than
+one-third, nor more than one-half of the number of representatives, are
+elected for four years, one-half every two years. Age, twenty-four
+years; otherwise qualified as representatives.
+
+Two-thirds majorities of the members present, pass bills vetoed by the
+governor. Bills not returned within three days also become laws, unless
+their return is prevented by adjournment.
+
+_Executive._ The governor is elected for four years; must have been a
+citizen of the United States and a resident of the state, two years; and
+must be thirty years of age. No lieutenant-governor. In case of vacancy
+in the office of governor, the office devolves upon the secretary of
+state until the vacancy is filled.
+
+A secretary of state, an auditor of public accounts, and a treasurer,
+are elected for two years.
+
+_Judiciary._ A supreme court, district courts, and such inferior courts
+as the legislature may establish. The supreme court consists of a
+chief-justice and two associates, elected by joint vote of the two
+branches, for six years. It has appellate jurisdiction only in all cases
+of chancery, and constitutes a court for the correction of errors at
+law. Each district court consists of a judge elected by the voters of
+the district, for five years, at the township elections. A prosecuting
+attorney and a clerk of the district court, are elected in each county
+at the general election, for two years.
+
+_Amendments_ are provided for only by a convention. The legislature may
+provide for a vote of the people, and if a majority of the votes are in
+favor of a convention, an election of delegates is to be held within six
+months.
+
+
+
+California.
+
+
+The constitution of this state was adopted November 13, 1849; and the
+state was admitted by act of congress, September 9, 1850.
+
+_Electors._ White male citizens of the United States, and white male
+citizens of Mexico having elected to become citizens of the United
+States under the treaty of peace, who have resided in the state six
+months, and in the county or district thirty days.
+
+_Legislature._ Senate and assembly. Members of assembly, the number to
+be not less than thirty, nor greater than eighty, are chosen annually by
+districts. Senators, not to be less than one-third nor more than
+one-half of the number of members of assembly, are elected by districts
+for two years, one-half every year. Members of both houses must have
+resided in the state two years, and in their respective districts one
+year, and be qualified voters. They are apportioned every five years.
+
+Bills, rejected by the governor, must be passed by a majority of
+two-thirds of each house, to become a law. Bills become laws if not
+returned by the governor within ten days, unless the legislature shall
+sooner adjourn.
+
+_Executive._ A governor and a lieutenant-governor are elected for two
+years. Age, twenty-five years, and two years' residence in the state.
+
+A secretary of state, a controller, a treasurer, an attorney-general,
+and a surveyor-general, are elected for two years, by joint vote of the
+two houses.
+
+_Judiciary._ A supreme court, district courts, county courts, justices
+of the peace, and such municipal and other inferior courts as the
+legislature may establish. The supreme court consists of three judges
+elected by the electors of the state for six years, one every two years;
+the senior justice in commission to be chief-justice. District judges
+are elected in their respective districts for six years. A judge of the
+county court is elected in each county for four years, and performs also
+the duties of judge of probate. The number of justices of the peace
+elected in each county, city, town, or village, is fixed by law.
+
+The election of sheriffs, coroners, county clerks and certain other
+officers, is provided for by law.
+
+_Amendments_ must be agreed to by majorities of all the members of the
+two houses of two successive legislatures, and ratified by the people.
+The legislature may, by two-thirds majorities, submit to the people the
+question of calling a convention for a general revision of the
+constitution.
+
+
+
+Minnesota.
+
+
+This state was admitted into the union in 1858.
+
+_Electors._ White male citizens having resided in the United States one
+year, and in the state four months. Also foreigners who have so resided,
+and declared their intention to become citizens; and persons of mixed
+white and Indian blood, and of Indian blood, under certain regulations.
+
+_Legislature._ A senate and a house of representatives. The first
+legislature consisted of thirty-seven senators and eighty
+representatives.
+
+_Executive._ A governor and a lieutenant-governor are elected for two
+years.
+
+A secretary of state, a treasurer, and an attorney-general, are elected
+for two years, and a state auditor for three years.
+
+_Judiciary._ The judicial power is vested in a supreme court, district
+courts, courts of probate, justices of the peace, and such other courts
+inferior to the supreme court, as the legislature may establish by a
+two-thirds vote.
+
+
+
+
+Constitution of the United States.
+
+
+We, the people of the United States, in order to form a more perfect
+union, establish justice, insure domestic tranquillity, provide for the
+common defense, promote the general welfare, and secure the blessings of
+liberty to ourselves and our posterity, do ordain and establish this
+Constitution for the United States of America.
+
+
+Article I.
+
+Section. 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.
+
+Sec. 2. The house of representatives shall be composed of
+members chosen every second year, by the people of the several states;
+and the electors in each state shall have the qualifications requiste
+for electors of the most numerous branch of the state legislature.
+
+No person shall be a representative who shall not have attained to the
+age of twenty-five years, and been seven years a citizen of the United
+States, and who shall not, when elected, be an inhabitant of that state
+in which he shall be chosen.
+
+Representatives and direct taxes shall be apportioned among the several
+states which may be included within this union, according to their
+respective numbers, which shall be determined by adding to the whole
+number of free persons, including those bound to service for a term of
+years, and excluding Indians not taxed, three-fifths of all other
+persons. The actual enumeration shall be made within three years after
+the first meeting of the congress of the United States, and within every
+subsequent term of ten years, in such manner as they shall by law
+direct. The number of representatives shall not exceed one for every
+thirty thousand, but each state shall have at least one representative;
+and until such enumeration shall be made, the state of New Hampshire
+shall be entitled to choose _three_; Massachusetts, _eight_; Rhode
+Island and Providence Plantations, _one_; Connecticut, _five_; New York,
+_six_; New Jersey, _four_; Pennsylvania, _eight_; Delaware, _one_;
+Maryland, _six_; Virginia, _ten_; North Carolina, _five_; South
+Carolina, _five_; and Georgia, _three_.
+
+When vacancies happen in the representation from any state, the
+executive authority thereof shall issue writs of election to fill such
+vacancies.
+
+The house of representatives shall choose their speaker and other
+officers, and shall have the sole power of impeachment.
+
+Sec. 3. The senate of the United States shall be composed of
+two senators from each state, chosen by the legislature thereof, for six
+years; and each senator shall have one vote.
+
+Immediately after they shall be assembled in consequence of the first
+election, they shall be divided as equally as may be, into three
+classes. The seats of the senators of the first class shall be vacated
+at the expiration of the second year; of the second class at the
+expiration of the fourth year; and of the third class at the expiration
+of the sixth year; so that one-third may be chosen every second year;
+and if vacancies happen, by resignation or otherwise, during the recess
+of the legislature of any state, the executive thereof may make
+temporary appointments, until the next meeting of the legislature, which
+shall then fill such vacancies.
+
+No person shall be a senator who shall not have attained to the age of
+thirty years, and been nine years a citizen of the United States, and
+who shall not, when elected, be an inhabitant of that state for which he
+shall be chosen.
+
+The vice-president of the United States shall be president of the
+senate, but shall have no vote, unless they be equally divided.
+
+The senate shall choose their other officers, and also a president pro
+tempore, in the absence of the vice-president, or when he shall exercise
+the office of president of the United States.
+
+The senate shall have the sole power to try all impeachments: when
+sitting for that purpose, they shall be on oath or affirmation. When the
+president of the United States is tried, the chief-justice shall
+preside; and no person shall be convicted without the concurrence of
+two-thirds of the members present.
+
+Judgment, 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 States; but the party
+convicted shall, nevertheless, be liable and subject to indictment,
+trial, judgment and punishment, according to law.
+
+Sec. 4. The times, places and manner of holding elections for
+senators and representatives, shall be prescribed in each state by the
+legislature thereof; but the congress may at any time, by law, make or
+alter such regulations, except as to the places of choosing senators.
+
+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.
+
+Sec. 5. Each house shall be the judge of the elections, returns
+and qualifications of its own members; and a majority of each shall
+constitute a quorum to do business; but a smaller number may adjourn
+from day to day, and may be authorized to compel the attendance of
+absent members, in such manner, and under such penalties, as each house
+may provide.
+
+Each house may determine the rules of its proceedings, punish its
+members for disorderly behavior, and, with the concurrence of
+two-thirds, expel a member.
+
+Each house shall keep a journal of its proceedings, and from time to
+time publish the same, excepting such parts as may, in their judgment,
+require secrecy; and the yeas and nays of the members of either house,
+on any question, shall at the desire of one-fifth of those present, be
+entered on the journal.
+
+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.
+
+Sec. 6. The senators and representatives shall receive a
+compensation for their services, to be ascertained by law, and paid out
+of the treasury of the United States. They shall, in all cases, except
+treason, felony and breach of the peace, be privileged from arrest
+during their attendance at the session of their respective houses, and
+in going to and returning from the same; and for any speech or debate in
+either house, they shall not be questioned in any other place.
+
+No senator or representative shall, during the time for which he was
+elected, be appointed to any civil office under the authority of the
+United States, which shall have been created, or the emoluments whereof
+shall have been increased during such time; and no person holding any
+office under the United States, shall be a member of either house during
+his continuance in office.
+
+Sec. 7. All bills for raising revenue shall originate in the
+house of representatives; but the senate may propose, or concur with,
+amendments, as on other bills.
+
+Every bill which shall have passed the house of representatives and the
+senate, shall, before it become a law, be presented to the president of
+the United States; if he approve, he shall sign it; but if not he shall
+return it, with his objections, to that house in which it shall have
+originated, who shall enter the objections at large on their journal,
+and proceed to reconsider it. If after such reconsideration, two-thirds
+of that house shall agree to pass the bill, it shall be sent, together
+with the objections, to the other house, by which it shall likewise be
+reconsidered, and, if approved by two-thirds of that house, it shall
+become a law. But, in all such cases, the votes of both houses shall be
+determined by yeas and nays, and the names of the persons voting for and
+against the bill shall be entered on the journal of each house
+respectively. If any bill shall not be returned by the president within
+ten days (Sundays excepted) after it shall have been presented to him,
+the same shall be a law, in like manner as if he had signed it, unless
+the congress, by their adjournment, prevent its return, in which case it
+shall not be a law.
+
+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.
+
+Sec. 8. The congress shall have power:
+
+To lay and collect taxes, duties, imposts, and excises to pay the debts
+and provide for the common defense, and general welfare of the United
+States; but all duties, imposts, and excises shall be uniform throughout
+the United States:
+
+To borrow money on the credit of the United States:
+
+To regulate commerce with foreign nations, and among the several states,
+and with the Indian tribes:
+
+To establish a uniform rule of naturalization, and uniform laws on the
+subject of bankruptcies throughout the United States:
+
+To coin money; to regulate the value thereof, and of foreign coin; and
+fix the standard of weights and measures:
+
+To provide for the punishment of counterfeiting the securities and
+current coin of the United States:
+
+To establish post offices and post roads:
+
+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:
+
+To constitute tribunals inferior to the supreme court:
+
+To define and punish piracies and felonies committed on the high seas,
+and offenses against the law of nations:
+
+To declare war; grant letters of marque and reprisal; and make rules
+concerning captures on land and water:
+
+To raise and support armies; but no appropriation of money to that use
+shall be for a longer term than two years:
+
+To provide and maintain a navy:
+
+To make rules for the government and regulation of the land and naval
+forces:
+
+To provide for calling forth the militia to execute the laws of the
+union, suppress insurrections, and repel invasions:
+
+To provide for organizing, arming and disciplining the militia, and for
+governing such part of them as may be employed in the service of the
+United States; reserving to the states respectively, the appointment of
+the officers, and the authority of training the militia, according to
+the discipline prescribed by congress:
+
+To exercise exclusive legislation in all cases whatsoever, over such
+district (not exceeding ten miles square) as may, by cession of
+particular states, and the acceptance of congress, become the seat of
+the government of the United States, and to exercise like authority over
+all places purchased by the consent of the legislature of the state in
+which the same shall be, for the erection of forts, magazines, arsenals,
+dock-yards, and other needful buildings: And,
+
+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.
+
+Sec. 9. The migration or importation of such persons as any of
+the states now existing shall think proper to admit, shall not be
+prohibited by the congress prior to the year one thousand eight hundred
+and eight; but a tax or duty may be imposed on such importation, not
+exceeding ten dollars for such person:
+
+The privilege of the writ of habeas corpus shall not be suspended unless
+when, in cases of rebellion or invasion, the public safety may require
+it.
+
+No bill of attainder or ex post facto law shall be passed.
+
+No capitation or other direct tax shall be laid, unless in proportion to
+the census or enumeration hereinbefore directed to be taken.
+
+No tax or duty shall be laid on articles exported from any state. No
+preference shall be given, by any regulation of commerce or revenue, to
+the ports of one state, over those of another; nor shall vessels bound
+to or from one state be obliged to enter, clear, or pay duties in
+another.
+
+No money shall be drawn from the treasury, but in consequence of
+appropriations made by law; and a regular statement and account of the
+receipts and expenditures of all public money shall be published from
+time to time.
+
+No title of nobility shall be granted by the United States; and no
+person holding any office of profit or trust under them shall, without
+the consent of the congress, accept of any present, emolument, office,
+or title of any kind whatever, from any king, prince, or foreign state.
+
+Sec. 10. No state shall enter into any treaty, alliance, or
+confederation; grant letters of marque and reprisal; coin money; emit
+bills of credit; make anything but gold and silver coin a tender in
+payment of debts; pass any bill of attainder, ex post facto law, or law
+impairing the obligation of contracts; or grant any title of nobility.
+
+No state shall, without the consent of the congress, lay any imposts or
+duties on imports or exports, except what may be absolutely necessary
+for executing its inspection laws; and the net produce of all duties and
+imposts laid by any state on imports or exports, shall be for the use of
+the treasury of the United States; and all such laws shall be subject to
+the revision and control of the congress. No state shall, without the
+consent of congress, lay any duty of tonnage, keep troops or ships of
+war in time of peace, enter into any agreement or compact with another
+state, or with a foreign power, or engage in war unless actually
+invaded, or in such imminent danger as will not admit of delay.
+
+
+Article II.
+
+Section 1. The executive power shall be vested in a president
+of the United States of America. He shall hold his office during the
+term of four years, and, together with the vice-president, chosen for
+the same term, be elected as follows:
+
+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.
+
+The electors shall meet in their respective states, and vote by ballot
+for two persons, of whom one at least shall not be an inhabitant of the
+same state with themselves. And they shall make a list of all the
+persons voted for, and of the number of votes for each, which list they
+shall sign and 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 the president, if such number be a majority of the whole number
+of electors appointed; and if there be more than one who have such
+majority, and have an equal number of votes, then the house of
+representatives shall immediately choose by ballot one of them for
+president; and if no person have a majority, then, from the five highest
+on the list, the said house shall, in like manner, choose the president.
+But in choosing the president, the votes shall be taken by states, the
+representation from each state having one vote; a quorum for this
+purpose shall consist of a member or members from two-thirds of the
+states, and a majority of 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 the vice-president.
+But if there should remain two or more who have equal votes, the senate
+shall choose from them, by ballot, the vice-president.
+
+[By the 12th article of amendment, the above clause has been repealed.]
+
+The congress may determine the time of choosing the electors, and the
+day on which they shall give their votes, which day shall be the same
+throughout the United States.
+
+No person, except a natural born citizen, or a citizen of the United
+States at the time of the adoption of this constitution, shall be
+eligible to the office of president; neither shall any person be
+eligible to that office who shall not have attained to the age of
+thirty-five years, and been fourteen years a resident within the United
+States.
+
+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.
+
+The president shall, at stated times, receive for his services a
+compensation, which shall neither be increased nor diminished during the
+period for which he shall have been elected; and he shall not receive,
+within that period, any other emolument from the United States, or any
+of them.
+
+Before he enter on the execution of his office, he shall take the
+following oath or affirmation:
+
+"I do solemnly swear (or affirm) that I will faithfully 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.
+
+Sec. 2. The president shall be commander-in-chief of the army
+and navy of the United States, and of the militia of the several states,
+when called into the actual service of the United States; he may require
+the opinion, in writing, of the principal officer in each of the
+executive departments, upon any subject relating to the duties of their
+respective offices; and he shall have power to grant reprieves and
+pardons for offenses against the United States, except in cases of
+impeachment.
+
+He shall have power by and with the advice and consent of the senate, to
+make treaties, provided two-thirds of the senators present concur: and
+he shall nominate, and by and with the advice and consent of the senate,
+shall appoint ambassadors, other public ministers and consuls, judges of
+the supreme court, and all other officers of the United States whose
+appointments are not herein otherwise provided for, and which shall be
+established by law: but the congress may, by law, vest the appointment
+of such inferior officers as they think proper, in the president alone,
+in the courts of law, or in the heads of departments.
+
+The president shall have power to fill up all vacancies that may happen
+during the recess of the senate, by granting commissions which shall
+expire at the end of their next session.
+
+Sec. 3. He shall from time to time give to the congress
+information of the state of the union; and recommend to their
+consideration such measures as he shall judge necessary and expedient.
+He may, on extraordinary occasions, convene both houses, or either of
+them; and in case of disagreement between them, with respect to the time
+of adjournment, he may adjourn them to such time as he shall think
+proper. He shall receive ambassadors and other public ministers. He
+shall take care that the laws be faithfully executed; and shall
+commission all the officers of the United States.
+
+Sec. 4. 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.
+
+
+Article III.
+
+Section 1. The judicial power of the United States shall be
+vested in one supreme court, and in such inferior courts as the congress
+may, from time to time, ordain and establish. The judges both of the
+supreme and inferior courts, shall hold their offices during good
+behavior; and shall, at stated times, receive for their services a
+compensation which shall not be diminished during their continuance in
+office.
+
+Sec. 2. The judicial power shall extend to all cases in law and
+equity, arising under this constitution, the laws of the United States
+and treaties made, or which shall be made, under their authority; to all
+cases affecting ambassadors, other public ministers, and consuls; to all
+cases of admiralty and maritime jurisdiction; to controversies to which
+the United States shall be a party, to controversies between two or more
+states; between a state and citizens of another state; between citizens
+of different states; between citizens of the same state claiming lands
+under grants of different states; and between a state, or the citizens
+thereof; and foreign states, citizens or subjects.
+
+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. In all the other cases before mentioned, the
+supreme court shall have appellate jurisdiction, both as to law and
+fact, with such exceptions, and under such regulations, as the congress
+shall make.
+
+The trial of all crimes, except in cases of impeachment, shall be by
+jury; and such trial shall be held in the state where the said crimes
+shall have been committed; but when not committed within any state, the
+trial shall be at such place or places as the congress may by law have
+directed.
+
+Sec. 3. Treason against the United States shall consist only in
+levying war against them, or in adhering to their enemies, giving them
+aid and comfort. No person shall be convicted of treason, unless on the
+testimony of two witnesses to the same overt act, or on confession in
+open court.
+
+The congress shall have power to declare the punishment of treason; but
+no attainder of treason shall work corruption of blood, or forfeiture,
+except during the life of the person attainted.
+
+
+Article IV.
+
+Section 1. Full faith and credit shall be given, in each state,
+to the public acts, records, and judicial proceedings of every other
+state. And the congress may, by general laws, prescribe the manner in
+which such acts, records and proceedings shall be proved, and the effect
+thereof.
+
+Sec. 2. The citizens of each state shall be entitled to all the
+privileges and immunities of citizens in the several states.
+
+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.
+
+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.
+
+Sec. 3. New states may be admitted by the congress into this
+union; but no new state shall be formed or erected within the
+jurisdiction of any other state, nor any state be formed by the junction
+of two or more states, or parts of states, without the consent of the
+legislatures of the states concerned, as well as of the congress.
+
+The congress shall have power to dispose of, and make all needful rules
+and regulations respecting the territory or other property belonging to
+the United States; and nothing in this constitution shall be so
+construed as to prejudice any claims of the United States, or of any
+particular state.
+
+Sec. 4. The United States shall guaranty to every state in this
+union, a republican form of government; and shall protect each of them
+against invasion, and on application of the legislature, or of the
+executive (when the legislature cannot be convened) against domestic
+violence.
+
+
+
+Article V.
+
+The congress, whenever two-thirds of both houses shall deem it
+necessary, shall propose amendments to this constitution, or on the
+application of the legislatures of two-thirds of the several states,
+shall call a convention for proposing amendments; which, in either case,
+shall be valid to all intents and purposes, as part of this
+constitution, when ratified by the legislatures of three-fourths of the
+several states, or by conventions in three-fourths thereof, as the one
+or the other mode of ratification may be proposed by the congress:
+Provided, that no amendment which may be made prior to the year one
+thousand eight hundred and eight, shall in any manner affect the first
+and fourth clauses in the ninth section of the first article; and that
+no state, without its consent, shall be deprived of its equal suffrage
+in the senate.
+
+
+Article VI.
+
+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.
+
+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, any thing in
+the constitution or laws of any state to the contrary notwithstanding.
+
+The senators and representatives before mentioned, and the members of
+the several legislatures, and all executive and judicial officers, both
+of the United States, and of the several states, shall be bound, by oath
+or affirmation, to support this constitution; but no religious test
+shall ever be required as a qualification to any office or public trust
+under the United States.
+
+
+
+Article VII.
+
+The ratification of the conventions of nine states shall be sufficient
+for the establishment of this constitution between the states so
+ratifying the same.
+
+Done in convention, by the unanimous consent of the states present, the
+seventeenth day of September, in the year of our Lord one thousand seven
+hundred and eighty-seven, and of the Independence of the United States
+of America, the twelfth. In witness whereof we have hereunto subscribed
+our names.
+
+George Washington,
+_President, and Deputy from Virginia._
+
+_New Hampshire._--John Langdon, Nicholas Gilman.
+
+_Massachusetts._--Nathaniel Gorham, Rufus King.
+
+_Connecticut._--Wm. Samuel Johnson, Roger Sherman.
+
+_New-York._--Alexander Hamilton.
+
+_New Jersey._--William Livingston, David Brearly, William Paterson,
+Jonathan Dayton.
+
+_Pennsylvania._--Benjamin Franklin, Robert Morris, Thomas Fitzsimmons,
+James Wilson, Thomas Mifflin, George Clymer, Jared Ingersoll, Gouverneur
+Morris.
+
+_Delaware._--George Read, Gunning Bedford, Jr., John Dickinson, Richard
+Bassett, Jacob Broom.
+
+_Maryland._--James M'Henry, Daniel of St. Thomas Jenifer, Daniel
+Carroll.
+
+_Virginia._--John Blair, James Madison, Jr.
+
+_North Carolina._--William Blount, Richard Dobbs Spaight, Hugh
+Williamson.
+
+_South Carolina._--John Rutledge, Charles Pinckney, Pierce Butler,
+Charles Cotesworth Pinckney.
+
+_Georgia._--William Few, Abraham Baldwin.
+
+_Attest:_ William Jackson, _Secretary_.
+
+
+Amendments.
+
+Article 1. Congress shall make no law respecting an
+establishment of religion, or prohibiting the free exercise thereof; or
+abridging the freedom of speech or of the press; or the right of the
+people peaceably to assemble, and to petition the government for a
+redress of grievances.
+
+Art. II. A well regulated militia being necessary to the
+security of a free state, the right of the people to keep and bear arms
+shall not be infringed.
+
+Art. III. No soldier shall, in time of peace, be quartered in
+any house without the consent of the owner, nor in a time of war, but in
+a manner to be prescribed by law.
+
+Art. IV. The right of the people to be secure in their persons,
+houses, papers and effects, against unreasonable searches and seizures,
+shall not be violated; and no warrant shall issue, but upon probable
+cause, supported by oath or affirmation, and particularly describing the
+place to be searched, and the person or things to be seized.
+
+Art. V. No person shall be held to answer for a capital or
+otherwise infamous crime, unless on a presentment or indictment of a
+grand jury, except in cases arising in the land or naval forces, or in
+the militia when in actual service, in time of war or public danger; nor
+shall any person be subject, for the same offense, to be twice put in
+jeopardy of life or limb, nor shall be compelled, in any criminal case,
+to be a witness against himself; nor be deprived of life, liberty or
+property, without due process of law; nor shall private property be
+taken for public use, without just compensation.
+
+Art. VI. In all criminal prosecutions, the accused shall enjoy
+the right to a speedy and public trial, by an impartial jury of the
+state and district wherein the crime shall have been committed, which
+district shall have been previously ascertained by law, and to be
+informed of the nature and cause of the accusation; to be confronted
+with the witnesses against him; to have compulsory process for obtaining
+witnesses in his favor, and to have the assistance of counsel for his
+defense.
+
+Art. VII. In suits at common law, where the value in
+controversy shall exceed twenty dollars, the right of trial by jury
+shall be preserved, and no fact tried by a jury shall be otherwise
+reëxamined in any court of the United States, than according to the
+rules of the common law.
+
+Art. VIII. Excessive bail shall not be required, nor excessive
+fines imposed, nor cruel and unusual punishments inflicted.
+
+Art. IX. The enumeration in the constitution of certain rights,
+shall not be construed to deny or disparage others retained by the
+people.
+
+Art. X. 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.
+
+Art. XI. 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.
+
+Art. XII. 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 the government of the United States, directed to the
+president of the senate;--the president of the senate shall, in the
+presence of the senate and house of representatives, open all the
+certificates, and the votes shall then be counted;--the person having
+the greatest number of votes for president, shall be the president, if
+such number be a majority of the 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 representatives 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 the office of president shall be
+eligible to that of vice-president of the United States.
+
+
+
+
+Index
+
+
+
+Academies and colleges, 82
+Accessories to crime, 220
+Actions at law, defined, 64
+                how commenced, 64
+Adjutant-general, 92
+Administrators, duties of, 179
+Admission of states, 158
+Agent, responsibilities of, 202-204
+Alabama, constitution of, 259
+Aldermen, duties of, 60
+Aliens, power to pass laws for the naturalization of, 121, 122
+        disabilities of, 121
+Alliance, defined, 135
+Alliances, when binding, 230, 231
+           by states, prohibited, 135
+Amendments of the constitution, provision for, 160
+Appeals of suits, 68, 69
+Appellant, appellee, defined, 69
+Apellate jurisdiction, defined, 70
+Appointment, power of, (see Governor and President.)
+Apprentices and servants, 175, 176
+Aquatic rights, 183, 185
+Aristocracy, defined, 25
+Arkansas, constitution of, 264
+Army, standing, 149
+Arrest and examination of offenders, 69
+Arsenals, use of, 92
+Arson, defined, 217
+Assault and battery, 220
+Assessment and collection of taxes, 76-78
+Assessors, duties of, 77
+Assignments, 197-199
+Assumption of public debt, 160
+Attachment, suit by, 68
+Attainder of treason, 155
+Attorney, defined, 65
+Attorney, county or state's, 51, 56
+Attorney-general, state, 51
+                  of United States, 151
+Auditor of state, 51
+           county, 65
+Auxiliary executive departments, 147-151
+
+Bail, defined, how taken, 69, 70
+      excessive, forbidden, 165
+Bailment, 200-202
+Ballot, defined, 33
+Bankruptcy, power to pass laws of, 124
+Banks, and their operation, 86-88
+Belligerent, defined 228
+Betting and gaming, 221
+Bigamy, defined, 219
+Bill, defined, 45
+Bills, passage of, 45-43
+Bills of attainder, by congress, prohibited, 133
+                    by states, prohibited, 137
+                    of credit, defined, 136
+                    passage of, prohibited, 136
+                    of exchange, 213-215
+Blockade, defined, 236
+Body politic, defined, 19, 54
+Bribery, defined, 219
+Broker and brokerage, 204, 205
+Bullion, defined, 125
+Burglary, defined, 218
+
+Cabinet, defined, 147
+         officers of, and their powers and duties, 147
+California, constitution of 277
+Canals, construction of, 82-84
+        tolls on, 84
+Canvassing of votes, 34
+Capital, defined, 41, 216
+Capitation or poll-tax, 76, 77, 133
+Carriers of goods, liability of, 201, 202
+Causes, criminal and civil, defined, 64
+Casting vote, when given, 46
+Challenging voters, 33
+Charges d'affaires, 145
+Charter, defined, 59
+Chattel mortgages, 199
+Cities, villages, &c., 59-62
+Citizens, privileges of, in the several states, 157
+Civil government, defined, 17
+                  mankind fitted for, 17
+Civil society, 17
+Clearance of vessels, 120
+Codicil, defined, 179
+Coining money, power of, 124
+               by states, prohibited, 136
+Collection of taxes, 76-78
+Colony, defined, 95
+Colonies, government of, 95
+Commerce, foreign, regulation of, 114-119
+Commerce, domestic, power of congress to regulate, 121, 122
+          with Indians, 122
+Commissary-general, 92
+Commissioners, county, duties of, 54
+Committees, legislative, 44, 45
+Common carriers, responsibilities of, 201, 202
+Common council, 60
+Common law, defined, 167
+Commons, house of, 29
+Common schools, school funds, &c., 79-82
+Commonwealth, defined, 26
+Confederacy, defined, 101
+Confederation, when formed, 97
+               nature of, 98, 99, 101, 102
+Confiscate, defined, 230
+Congress, under confederation, how constituted, 97, 102
+Congress under constitution, how constituted, 104-109
+Congress, powers of, (see Powers of Congress,)
+Counterfeiting, defined, 218
+                United States coin, power to punish, 125
+Connecticut, constitution of, 244
+Constables, duties of, 58
+Constitution, defined, 27
+              objects of, 27
+              how formed, 27, 28
+              of United States, 281
+              history of, 100
+              nature of, 101-104
+              how amended, 160
+              supremacy of, 161
+              ratification of, by the states, 162
+              amendments to, 163-166
+Consuls, appointment of, 144
+         duties of, 145, 227, 228
+Contraband goods, 235, 236
+Contracts in general, 189-193
+Contracts of sale, 193-197
+Contracts, obligation of, not to be impaired, 137
+Controller, or auditor, 51
+Convention, defined, 28
+Conventional law of nations, 224
+Copy-rights and patents, power of congress concerning, 126, 127
+Coroners, duties of, 55
+Corporation, defined, 54
+Corporations, how formed, 59
+              nature and powers of, 59-62
+Corruption of blood, 155
+Council, legislative, 38
+Counties, origin of, 53, 54
+          powers of, 54
+County officers duties of, 54-66
+County commissioners, 54
+Courts, justices, 63-70
+        county, 70
+        common pleas, 70
+        circuit, 70, 71
+        oyer and terminer, 71
+        supreme, 73
+        of appeals, 73
+        of chancery or equity, 73, 74
+        of probate, 74
+        of impeachment, 75, 76
+        of United States, 151, 154
+        martial, 92
+Crime, infamous, defined, 31
+Crimes and misdemeanors, 216-221
+Criminal suits, defined, 64
+Customs, duties, &c., defined, 113
+         collection of, 119
+
+Debt, national, at different periods, 114
+Declaration of war, 231
+Deeds and mortgages, 181-183
+Delaware, constitution of, 250
+Delegate, defined, 27
+Democracy, defined, 25, 26
+Deposit fund, U.S., 80
+Deposits in banks, 87
+Depositary, responsibility of, 200
+Descent of property, of intestates, 179, 180
+Despotism, defined, 25
+Devise of property, 177
+Diplomacy, defined, 148
+District of Columbia, power of congress over, 130
+Dividends, defined, 86
+Domestic relations, laws regulating, 171-177
+Dower, defined, and right of, 183
+Drunkards, contracts made by, when binding, 191
+Dueling, defined, 219
+Duties, imposts and excises, defined, 113
+        power of congress to lay, 113
+        of tunnage, states may not lay, 120
+        protective, by what authority laid, 116, 117
+
+Easement, defined, (see Right of Way,) 183
+Education, provision for, &c., 79
+Elections, time of, how conducted, &c., 32-35
+           by plurality, 34-35
+           by majority, 34-35
+Electors, qualifications of, 29-31
+          (See also Synopsis of the State Constitutions.)
+Electors of president and vice-president, how chosen, 140
+Embassadors, ministers, &c, 144, 145
+             their appointment and duties, 144, 145
+Embassadors, rights and powers of, 226, 227
+Embezzlement, defined, 218
+Envoys, (see Embassadors.)
+Escapes, persons aiding or permitting, punishable, 220
+Excise, defined, and power to lay, 112, 113
+Execution, issuing and collection of, in justices' courts, 67, 68
+           exemption from, 68
+Executive department, state, 36, 48-50
+          of the United States, 138-142
+          officers of, their appointment and duties, 147-150
+Executors, powers and duties of, 179
+Ex post facto laws, passage of, prohibited, 133,137
+
+Factor or agent, powers and responsibilities of, 202, 203
+False imprisonment, defined, 220
+Federal, defined, 101
+Fence-viewers, duties of, 58
+Fee and fee-simple, defined, 182, 186
+Felony, power of congress to define and punish, 128
+Florida, constitution of, 258
+Forgery, defined, 218
+Franchise, defined, 31
+Franking privilege, to whom granted, 151
+Fraudulent sales, assignments, &c., 197, 200
+Freedom of speech and of the press, guarantied, 163
+Freehold, freeholder, defined, 31
+Fugitives from justice, provision for the apprehension of, 157
+          from service, apprehension and return of, 157, 158
+Fund, defined, 79
+Funds, various kinds of, 79-81
+
+Georgia, constitution of, 257
+Government, civil, defined, 17
+            different forms of, 23-26
+            division of powers of, 35-37
+Governor and lieutenant-governor, election and duties of, 48-50
+Graves, opening of, punishable, 219
+Great Britain, government of, 28, 29
+Habeas corpus, privilege of writ of, guarantied, 132
+Hereditaments, corporeal and incorporeal, defined, 183
+Highways, supervision and oversight of, 68
+Homicide, various kinds of, defined, 217
+Husband and wife, laws regulating the relation of, 171-174
+
+Idiots and lunatics, contracts by, when binding, 190
+Illinois, constitution of, 272
+Impeachment, trial of, 75
+Imposts, duties, and excises, defined, 113
+Incest, defined, 219
+Incorporated companies, 61
+Independence of the states declared, 97
+Indiana, constitution of, 270
+Indians, power to regulate commerce with, 122
+Indictments, how made, 77
+Innkeepers, liability of, 201
+Insurance companies, 89, 90
+Insurrection and rebellion, defined, 90
+Interest, and rates of, in the different states, 215
+Intestates, descent of property of, 179, 180
+Iowa, constitution of, 276
+Issue, joining of, in justices' courts, 65
+Issues of fact and of law, defined, 71
+
+Joining issue in justices' courts, 65
+Judges, appointment of, in the states, 70
+        how removable, 76
+        (See also Synopsis of the State Constitutions.)
+        of the United States courts, appointment of, 144, 146
+Judgment, rendering of, 65
+          concession and collection of, in justices' courts, 67, 68
+Judicial department, state, 63-76
+                     of the United States, 151-154
+Jurisdiction, defined, 64
+              original and appellate, defined, 70
+Juries in justices' courts, 66, 67
+       grand and petit, 71
+Jury, right of trial by, secured, 66, 164, 165
+Justices' courts, proceedings of, 64-70
+Justices of the peace, jurisdiction of, 64
+
+Kentucky, constitution of, 268
+
+Larceny, grand and petit, defined, 218
+Law, defined, 16
+     common and statute, defined, 167
+Laws necessity of, 22
+     man fitted for, 17
+     political, civil, municipal, defined, 21, 22
+     manner of enacting, 43-48
+Laws of nations, defined, 221, 223, 224
+Leases, or estates for life, for years, at will, and by sufferance, rent, &c., 186-189
+Legislatures, state, how formed, 37-40
+              meetings of, 40-43
+              organization and officers of, 41-43
+Letters testamentary, and by whom issued, 179
+        of administration, and by whom issued, 179
+Libel and slander, law concerning, 168, 169
+Liberty, defined, 20, 167
+         of speech and of the press, secured, 163
+         of conscience, 19, 170
+Lien, law concerning, 203, 205
+Lieutenant-governor, duties of, 49
+Lords, house of, 29
+Louisiana, constitution of, 262
+
+Maiming, defined, 217
+Maine, constitution of, 239
+Man, fitted for government and laws, 16, 17
+Mandatary, responsibility of, 200
+Manifest, defined, 121
+Mankind, fitted for society, 15, 17
+Manslaughter, defined, 217
+Marque and reprisal, defined, 129
+                     power to issue letters of, 129
+                     states may not issue, 136
+Marriage, law concerning, 171
+Maryland, constitution of, 252
+Massachusetts, constitution of, 242
+Masters, apprentices, and servants, 175-177
+Mayor, election and duties of, 60
+Michigan, constitution of, 273
+Militia, regulation of, 90-92
+Ministers, public, their appointment and duties, 144, 145
+           privilege and powers of, 145, 227
+Minors, rights and liabilities of, 175
+Minnesota, constitution of, 278
+Mints of the United States, 125
+Misdemeanors, defined, 64, 221
+Mississippi, constitution of, 260
+Missouri, constitution of, 265
+Monarchy, defined, 24, 25
+Money, power of congress to borrow, 114
+       power of congress to coin, 124
+       coining of, by states, prohibited, 136
+       how borrowed, 84
+Moral, defined, 16
+       law, defined, 21
+Mortgages, land, nature of, 182
+           chattel, 199
+Murder, defined, 217
+
+Nation and state, defined, 17
+Nations, jurisdiction of, 225
+         rights and obligations of, 226-228
+Naturalization, power to pass laws concerning, 122, 123
+Navigation, regulation of, 119-121
+            acts of Great Britain, 99
+Navy department, when established, 148
+Negative, or veto, defined, 47
+Neutral nations, rights and duties of, 228, 234-237
+New Hampshire, constitution of, 240
+New Jersey, constitution of, 247
+New York, constitution of, 245
+New states, power of congress to admit, 158
+Nonsuit, judgment of, 66
+North Carolina, constitution of, 255
+Notaries public, duties of, 214
+Notes, promissory, 207-212
+
+Oaths of office, 161
+      test, forbidden, 161
+Obligation of contracts, may not be impaired, 137
+Obligations of nations, 225
+Offenders, arrest of and examination, 69
+Offenses against the law of nations, power to define, 128
+Ohio, constitution of, 269
+Overseers of highways, duties of, 58
+          of poor, duties of, 58
+
+Pardon and reprieve, power of, 49, 143
+Parent and child, law concerning, 174, 175
+Parliament, how formed, 29
+Parol contracts, defined, 190
+Partnership, law concerning, 205, 207
+Passports, defined, 120, 121
+Patents and copy-rights, how secured, 126, 127
+Patriarch, defined, 23
+Pawnee, liability of, 201
+Peace, treaties of, 237, 238
+Pennsylvania, constitution of, 248
+Pensions, military, 149
+Perjury, defined, 219
+Personal estate, defined, 77
+Piracies and felonies, power of congress concerning, 128
+Pleadings, in justices' courts, 65
+Police courts and justices, 60
+Policy, insurance, defined, 89
+Political law, defined, 21, 27
+          power, by whom exercised, 29-31
+Poll, defined, 32, 33
+Poll-list, how and by whom kept, 32
+Poll or capitation tax, 76, 77, 133
+Polygamy, defined, 219
+Poor, overseers of, their duties, 58
+Postmaster-general, power and duties of, 149, 150
+Postmasters, appointment and duties of, 149, 150
+             compensation of, 149, 150
+Post-offices and post roads, power to establish, 126
+Power of congress to lay and collect taxes, &c., 112-114
+                  to borrow money, 114
+                  to regulate commerce, 114-119
+                  in relation to naturalization and bankruptcy, 122-124
+                  to coin money, and regulate weights and measures, 124-125
+                  to punish counterfeiting, 125
+                  to establish post-offices, &c., 126
+                  to secure patents and copy-rights, 126, 127
+                  to define and punish piracies, felonies, &c., 128
+                  to declare war, 128
+                  to issue letters of marque and reprisal, 129
+                  to provide for the national defense, generally, 129,130
+                  to legislate over the District of Columbia, 130
+                  to make all necessary and proper laws, 130, 131
+Power of congress to declare punishment of treason, 155
+                  to admit new states, 158
+                  to dispose of and regulate territory and other public property, 159
+Powers prohibited to congress, (see prohibitions on congress.)
+Premium, defined, 89
+Prescription, right by, 183, 184
+President and vice-president, how chosen, 139-141
+President, powers and duties of, 143-147
+           vacancy in office, how filled, 142
+           power of, to fill vacancies, 146
+Principal and agent, responsibility of, 202, 205
+Printing, public, by whom and how done, 52
+Privateering, in what cases authorized, 233, 234
+Prizes in war, how disposed of, 234
+Prohibition on congress--
+            to abolish the slave trade, 131, 132
+            to suspend habeas corpus, 132, 133
+            to pass bills of attainder, 133
+            to pass ex post facto laws, 133
+            in relation to taxation and commerce, 133, 134
+            to grant titles of nobility, 135
+Prohibition on the states--
+            to form treaties, alliances, &c., 135
+            to grant letters of marque and reprisal, 136
+            to coin money, 136
+            to emit bills of credit, 136
+            to make anything but coin a tender, 136
+            to impair the obligation of contracts, 137
+            to pass bills of attainder or ex post facto laws, 137
+            to grant titles of nobility, 137
+            to lay duties, 137, 138
+Promissory notes, rules concerning, 207-212
+Protective duties, nature of described, 116, 117
+
+Quarantine regulations, 121
+Quorum, defined, 42
+
+Rail-roads, by what authority and how made, 84, 85
+Ratification of constitution by states, 162
+             of treaties, 144
+Ratio of representation in congress, how ascertained, &c., 105, 106
+Real estate, defined, 77
+             of intestates, descent of, 179, 180
+Rebellion, defined, 90, 91
+Recognizance, defined, 69
+Recorder or register, county, duties of, 55
+Records, public, proving and effect of, 156, 157
+Registry of vessels, 120
+Religion, freedom in matters of, secured, 163
+Representative, defined, 27, 28
+Representatives, state, how apportioned and elected, 37-39
+                 qualifications of, 40
+Representatives in congress, how apportioned, 105
+                qualifications of, 104, 105
+Reprieve and pardon, defined, and power to grant, 49, 143
+Reprisals, power to make, forbidden to states, 136
+Reprisals in war, 229, 230
+Republic, defined, 26
+Republican government, guarantied to the states, 159
+Respondent, defined, 69
+Revenue, defined, 80
+         national, how raised, 112-114
+Revolution, causes of, 94-97
+Rhode Island, constitution of, 243
+Rights and liberty, defined, 18-20
+Rights of person and property, defined, 18, 19, 167
+Right of property, how acquired, 16, 177
+Right by prescription, 184-186
+Right of way, law concerning, 183, 184
+Right of waters, 183, 185
+Right of search, 236
+Riot, defined, and how suppressed, 220
+Roads, (see Highways.)
+Robbery, defined, 218
+
+School funds, schools, &c., 79-82
+Sealer of weights and measures, duty of, 59
+Secretary of state, of state government, 50
+Secretary of state of the United States, duties of, 148
+          of the treasury, 148
+          of the interior, 149
+          of war, 149
+          of the navy, 149
+Selectmen, duties of, 57
+Senate, state, how constituted, 38-40
+Senators and representatives, qualifications of, 40
+         (See State Constitutions.)
+Senate of the United States, how formed, 108, 109
+       qualifications of members of, 111
+       vacancies in, how filled, 110, 111
+Sergeant-at-arms, appointment and duties of, 42
+Servants, rights and liabilities of, 176, 177
+Sheriff and shire, origin of, 53, 54
+        powers and duties of, 55
+Slander and libel, law concerning, 168, 169
+Slave trade, not to be prohibited before 1808, 131, 132
+             declared piracy, 132
+Society, civil, defined, 17
+         mankind fitted for, 15-17
+South Carolina, constitution of, 256
+Sovereignty, defined, 24
+Speaker of house and senate, 41
+Specialty, defined, 283
+Spies in war, 233
+State and nation, defined, 17
+State constitutions, synopsis of, 239-280
+State officers, executive, 50-52
+State records, effect and proof of, 156, 157
+State printer, appointment and business of, 52
+Statute law, defined, 167
+Stocks, public, defined, 84
+Stratagems in war, 233
+Subpoena, nature and service of, 65
+Summons, suits commenced by, 64-66
+Superintendent of schools, duties of, 52, 81
+Supervisors, board of, of whom composed, 54
+             of towns, duties of, 54, 57
+             of highways, duties of, 58
+Surveyor of county, 56
+Surveyor-general, duties of, 52
+Swearing, profane, unlawful, 221
+Synopsis of the state constitutions, 239-280
+
+Taxation, power of congress in relation to, 112-114
+Taxes, assessment and collection of, 76-78
+       how apportioned among the states, 106-107
+Tender, what lawful, 136
+Tennessee, constitution of, 266
+Testament, (see Wills and Testaments.)
+Texas, constitution of, 263
+Theocracy, defined, and government of, 24
+Town clerk, duties of, 57
+Town officers, election and duties of, 56-59
+Towns and townships, organization and powers of, 53, 56
+Treason against states, defined, 217
+        power of congress concerning, 155, 156
+        attainder of, 155
+Treasurer, of state, duties of, 51
+           of county, 54, 55
+           of towns, 58
+Treaties, how and by whom made, 244
+          by states prohibited, 135
+          of peace, 237, 238
+Treaty, defined, 144
+Truces in war, 237
+Trustees of townships, power and duties of, 57
+Tunnage, duties, states prohibited to lay, 119, 120
+
+Union, nature of the, 101-104
+Usury, defined, and forfeiture in case of, 215
+
+Vacancy, in legislature, how filled, 40
+         in United States senate, how filled, 110, 111
+Venire issuing of, 67
+Verdict, defined, and how rendered, 67
+Vermont, constitution of, 241
+Vessels, registry, and measurement of, 120
+Veto, defined, 47
+Veto, in different states, (see State Constitutions.)
+Villages, incorporation and government of, 61
+Virginia, constitution of, 253
+Viva voce, voting by, 34
+Voters, qualifications of, in different states, (see State Constitutions.)
+
+War, power of congress to declare, 128
+     offensive and defensive, 228, 231
+     causes and objects of, 228, 229
+     reprisals in, 229, 230
+     alliances in, 230, 231
+     how declared, 231
+     effect of, on the enemy's subjects, 232
+     stratagems in, 233
+     privateering and prizes, 233, 234
+     truces in, 237
+Warrant, prosecution by, 69
+Weights and measures, 59, 125
+Wills and testaments, 177, 179
+Wisconsin, constitution of, 275
+
+
+
+
+Questions
+
+
+
+Chapter I.
+
+
+§1. What is the natural state of mankind?
+
+§2. What renders them mutually dependent? By what means are they enabled
+to supply their wants?
+
+§3. Why should every man labor for himself?
+
+§4. What comes from this arrangement?
+
+§5. How are the rights of men secured to them?
+
+§6. What is _law_?
+
+§7. For what else than society are mankind fitted by nature? Define
+_moral_.
+
+§8. What is implied in man's having a moral nature?
+
+§9. What qualities or faculties in mankind fit them for government and
+law?
+
+§10. What is a state or nation?
+
+§11. What is the object of forming state associations? What is meant by
+_civil government_?
+
+
+
+Chapter II.
+
+
+§2. Define the word _right_. May we do whatever we please?
+
+§3. Why are rights called _natural_? Why _inalienable_? How may they be
+lost?
+
+§4. What are _personal_ rights? Define rights of person and right of
+property. State the distinction between personal rights and the rights
+of person.
+
+§5. Define _political_ rights. What particular rights are political?
+
+§6. What are _civil_ rights?
+
+§7. _Religious_ rights? What else are they called?
+
+§8. Under what general term are the different rights embraced?
+
+§9. What is _liberty_? Political, civil, and religious liberty?
+
+§10. What is the difference between _right_ and _liberty_?
+
+§11. What does this example further explain?
+
+
+
+Chapter III.
+
+
+§1. Define _law_. By what names are laws distinguished?
+
+§2. Define the _law of nature_.
+
+§3. From what does the law of nature arise?
+
+§4. What is meant by the _moral law_?
+
+§5. Define _political law_.
+
+§6. Define _municipal_. How are municipal or civil laws distinguished
+from political?
+
+§7. Ought the divine law in all cases to be obeyed?
+
+§8. Why then are human laws necessary?
+
+§9. Can you give any other reason?
+
+§10. What measure of love is due to the Creator and our fellow men
+respectively?
+
+§11. What are the characteristics of this law of love?
+
+
+
+Chapter IV.
+
+
+§1. What were the earliest governments? Define _patriarch_.
+
+§2. What was the government of the Hebrews called? Define _theocracy_.
+
+§3. What is _sovereign_ or _supreme power_?
+
+§4. What is a _monarchy_? An absolute monarchy? A limited monarchy?
+
+§5. A hereditary monarchy? An elective monarchy?
+
+§6. A _despotism_? Define _despot_ and _tyrant_.
+
+§7. What is an _aristocracy_? Define the word
+
+§8. What is a _democracy_? Define the word.
+
+§9. What is a _republic_? Wherein do a democracy and a republic differ?
+
+§10. What is a _commonwealth_?
+
+
+
+Chapter V.
+
+
+§1. What is the object of civil government? How is this object best
+secured?
+
+§2. What is a constitution? By what name is it called?
+
+§3. What is it's nature?
+
+§4. By what authority is a constitution made?
+
+§5. By whom is a constitution formed? What is the assembly called?
+
+§6. How is a constitution adopted?
+
+§7. How are the rights of the people secured by a constitution?
+
+§8. What is the condition of the people in an absolute monarchy?
+
+§9. Describe briefly the government of Great Britain. What political
+rights have the people?
+
+§10. Of what does the constitution of Great Britain consist?
+
+
+
+Chapter VI.
+
+
+§1. By what are the qualifications of voters prescribed?
+
+§2. Who are freemen?
+
+§3. Why should none but freemen vote?
+
+§4. Why is a term of residence required?
+
+§5. Why are not aliens immediately allowed to vote?
+
+§6. In what state do colored men vote?
+
+§7. How are electors sometimes disfranchised? What is an infamous crime?
+
+§8. What is said of property as a qualification?
+
+
+
+Chapter VII.
+
+
+§1. For what purpose is the territory of a state divided?
+
+§2. What are the territorial divisions of a state called?
+
+§3. When are state elections generally held?
+
+§4. By whom are elections conducted? Define _poll_.
+
+§5. Describe the manner of voting. Define _ballot_.
+
+§6. Who may challenge voters?
+
+§7. How and why are voters registered? Are they registered in this
+state?
+
+§8. How is it determined what persons are elected?
+
+§10. What is _viva voce_ voting?
+
+§11. What is an election by plurality? By majority?
+
+§12. What objections are there to either of these models?
+
+
+
+Chapter VIII.
+
+
+§1, 2. What division of power is first mentioned? Give the distinction
+between the political and civil powers.
+
+§3. What is said of political power in absolute and mixed governments?
+
+§4. How is the civil power divided? What is the business of the
+legislature? How is a legislature constituted?
+
+§5. What is the executive department? In whom is the power vested?
+
+§6. What is the business of the judicial department? Of what does it
+consist?
+
+§7. Can you give any reasons for this division of the civil power?
+
+§8. How is the legislative power divided?
+
+
+
+Chapter IX.
+
+
+§1. Of what branches is a legislature composed?
+
+§2. Why is only one called house of representatives?
+
+§3. For how long terms are senators chosen? How long in this state?
+
+§4. Why is the senate called upper house?
+
+§5. How are senators apportioned? How in this state?
+
+§6. How are representatives apportioned? For what terms elected? How
+apportioned, and for what term elected in this state?
+
+§7. What is the general object of apportionment?
+
+§8. How in an equal representation provided for?
+
+§9. How often are enumerations made? How often in this state? Define
+_census_?
+
+§10. What are the qualifications of senators and representatives in this
+state?
+
+§11. How are vacancies filled in the senate?
+
+
+
+Chapter X.
+
+
+§1. How often do legislatures meet? How often in this state? What is
+meant by _session_?
+
+§2. Where do legislatures meet? What is the place called?
+
+§3. To what are members bound by their oath of office?
+
+§4. How are the houses organized? What are the presiding officers
+called?
+
+§5. What are their general duties?
+
+§6. What other officers are chosen? and what are their duties?
+
+§7. Define _quorum_. What number is a quorum in this state?
+
+§8. Are the proceedings ever secret?
+
+§9. What provision is made to prevent interruption?
+
+
+
+Chapter XI.
+
+
+§1. When is the governor's message communicated? What does it contain?
+
+§2. In what other way are measures introduced?
+
+§3. What is done to expedite business? How are committees appointed? and
+what do they do?
+
+§5. Name some of the committees.
+
+§6. What are _standing_ committees? _Select_ committees?
+
+§7. How do committees discharge their duties?
+
+§8. Wherein does the utility of committees appear?
+
+§9. What is a bill?
+
+§10. By whom, and how, are bills introduced?
+
+§11. How often must a bill be read? When is it amended?
+
+§12. After the second reading and amendment, what follows?
+
+§13. Describe the proceedings on the final passage of a bill.
+
+§14. How is it acted on in the other house?
+
+§15. Why is a legislature divided into two branches?
+
+§16. Why are bills submitted to the governor for his approval? Define
+_veto_.
+
+§17. What if a governor refuses to sign a bill? Are bills presented to
+the governor in this state? If so, and he disapproves them, by what
+majorities must they be again passed? Within how many days is he to
+return bills in this state?
+
+
+
+Chapter XII.
+
+
+§1. For what terms are governors chosen? For what term in this state?
+
+§2. What are the qualifications for governor in this state?
+
+§3. What are his general powers and duties?
+
+§4. In what cases has he power to grant reprieves and pardons? Define
+these words. What is _commute_?
+
+§5. Are any officers in this state appointed by the governor? Is there a
+council?
+
+§6. What are the duties of a lieutenant-governor? Is there one in this
+state?
+
+§7. When he acts as governor, who takes the chair of the senate?
+
+
+
+Chapter XIII.
+
+
+§1. What assistant executive officers are there in this state? Are they
+appointed or elected?
+
+§2. What are the duties of the secretary of state?
+
+§3. Of an auditor or controller?
+
+§4. Of a treasurer?
+
+§5. Of what officers are sureties required?
+
+§6. What are the duties of an attorney-general? Is there one in this
+state?
+
+§7. The duties of surveyor-general? Is there one in this state?
+
+§8. A superintendent of schools?
+
+§9. What is the business of state printer?
+
+§10. What other state officers are there?
+
+
+
+Chapter XIV.
+
+
+§1. For what reasons is a state divided into counties and townships?
+
+§2. How large are townships?
+
+§3. From what comes the name of _county_? Of _shire_, and _sheriff_?
+
+§4. Define _corporation_. What powers have town and county corporations?
+
+§5. In what officers are these powers vested? In whom in this state?
+
+§6. What are the duties of a county treasurer?
+
+§7. Of a register or recorder? Where are deeds, &c., recorded in this
+state?
+
+§8. What are a sheriff's duties?
+
+§9. What is the business of a coroner?
+
+§10. Are there state's attorneys in the counties of this state?
+
+§11. Is there a county surveyor?
+
+§12. Are county officers elected by the people in this state?
+
+
+
+Chapter XV.
+
+
+§1. Into what are counties divided?
+
+§2. What is done at the annual town meetings?
+
+§3. What officers are elected? Are all there elected in the towns of
+this state?
+
+§4. What are those officers called who direct town affairs? What in this
+state?
+
+§5. What are the duties of a town clerk?
+
+§6. What officers in this state have the care of highways? What is a
+poll-tax?
+
+§7. By whom are the poor provided for? Are there county poor-houses in
+this state?
+
+§8. The duties of constables?
+
+§9. Of treasurer? Are there town treasurers in this state?
+
+§10. The duties of fence-viewers?
+
+§11. Of town-sealer?
+
+
+
+Chapter XVI.
+
+
+§1. Why is the incorporation of cities, &c., necessary?
+
+§2. How are city charters obtained? Define _charter_?
+
+§3. What are the principal city officers called? What inferior officers
+are elected?
+
+§4. Are the citizens governed wholly by their own laws?
+
+§5. What criminal court is peculiar to cities?
+
+§6. What are village officers usually called?
+
+§7. Illustrate, by example, the necessity of a village incorporation?
+
+§8. Are corporations always formed by special laws?
+
+§9. What is said of incorporated _companies_?
+
+§10. What is peculiar in the nature of corporations?
+
+§11. In what does a state differ from other government corporations?
+
+§12. Wherein do all government corporations differ from incorporated
+business companies?
+
+
+
+Chapter XVII.
+
+
+§2. What is the business of the judicial department?
+
+§3. If there were no courts of justice, what would be the result?
+
+§4. What are the lowest courts called? Why? Define _jurisdiction_?
+
+§5. To what extent has a justice jurisdiction?
+
+§6. What are civil causes? Criminal? Misdemeanors?
+
+§7. How is a suit in a justice's court commenced?
+
+§8. How is a summon served?
+
+§9. Describe the manner of joining issue.
+
+§10. How are witnesses procured? and how is the issue tried?
+
+§11. What if a defendant or plaintiff does not appear?
+
+§12. How is judgment confessed?
+
+
+
+Chapter XVIII.
+
+
+§1. Why are juries instituted?
+
+§2. What is a _jury_? A _verdict_?
+
+§3. A _venire_?
+
+§4. How are jurors kept during their deliberations?
+
+§5. What is done if they agree? If they disagree?
+
+§6. What is an _execution_? What if it is not satisfied?
+
+§7. Is all personal property liable to be sold on execution?
+
+§8. What is an _attachment_? In what cases is it used?
+
+§9. How is it served?
+
+§10. What if a party is dissatisfied with a judgment?
+
+§11. What power have justices in cases of crime?
+
+§12. How are offenders arrested and examined?
+
+§13. How is the prisoner disposed of if the justice can not try him?
+
+§14. Define _recognizance_ and _bail_?
+
+
+
+Chapter XIX.
+
+
+§1. How are county courts constituted? How in this state?
+
+§2. What causes are tried in them? What is _appellate_ and what
+_original_ jurisdiction?
+
+§3. Name the courts of this state. What jurisdiction has a circuit
+court?
+
+§4. What juries have county and circuit courts? What is an issue of
+fact? An issue of law?
+
+§5. How are the jurors selected?
+
+§6. What is the business of a grand jury? Of what number does it consist
+in this state?
+
+§7. Describe the proceedings of a grand jury. What is an indictment?
+
+§8. Why are grand juries instituted?
+
+§9. By what instrument are grand juries required?
+
+§10. What is the opinion of some on this subject?
+
+§11. Is there a supreme court in this state? Describe it. Is there a
+higher court?
+
+§12. How are suits commenced in county and other higher courts?
+
+
+
+Chapter XX.
+
+
+§1. What is the object of a court of chancery?
+
+§2. Mention some of its powers.
+
+§3. Are there separate and distinct chancery courts in this state?
+
+§4. How are suits commenced and tried in these courts?
+
+§5. What is the business of a probate court?
+
+§6. What is a court of impeachment? Its business? What is an
+impeachment? By whom made?
+
+§7. How is it done?
+
+§8. Describe the mode of trial. What follows conviction?
+
+§9. By what other modes are judicial officers removed?
+
+
+
+Chapter XXI.
+
+
+§1. How is money raised for government purposes? What is a poll-tax?
+
+§2. What property is exempt from taxation? What is real, and what
+personal property?
+
+§3. By whom, and how, is property valued? How in this state?
+
+§5. Of what three items does the tax consist?
+
+§6. How is it ascertained?
+
+§7. Who in this state cause the tax-list to be made out, and order the
+taxes to be collected?
+
+§8. To whom is the money paid when collected?
+
+
+
+Chapter XXII.
+
+
+§1. What is the proper object of government? How is it to be done?
+
+§2. What is the effect of education upon a people? Of ignorance?
+
+§3. Why should government provide the means of education?
+
+§4. To what extent is this done? By what means?
+
+§5. How is the deficiency in the income of the school fund supplied?
+
+§6. How, and to what extent, are school funds provided in the new
+states?
+
+§7. In what way, and to what extent, were the school funds increased in
+1837?
+
+§8. How are school moneys from the state treasury apportioned? How is
+the deficiency in the public moneys to pay teachers made up?
+
+§9. Why are schools called _district_ schools, and _common_ schools?
+What officers are elected in districts?
+
+§10. What is the state superintendent in this state called?
+
+
+
+Chapter XXIII.
+
+
+§1. What other duty does the government owe to the citizens?
+
+§2. What portion of the people of a state are most favored?
+
+§3. By whom are canals made? Is there such a public work in this state?
+
+§4. Why should not the money to make them be raised by a general tax?
+
+§5. How are funds sometimes provided for this purpose?
+
+§6. For the want of such funds, how is the money obtained? How is it to
+be repaid?
+
+§7. How is the business of borrowing done? What are _state stocks_?
+
+§8. What renders the purchase of state stocks a safe transaction?
+
+§9. By whom are canal affairs managed?
+
+§10. What states are most noted for their canals?
+
+§11. By whom are rail-roads usually constructed? Why is an act of
+incorporation necessary?
+
+§12. What does the act provide?
+
+§13. How is the capital, or stock, raised? What officers are chosen, and
+by whom?
+
+§14. What is the nature of these certificates of stock?
+
+§15. How do stockholders expect to be refunded? What are dividends? When
+are stocks at par? When above or below par?
+
+
+
+Chapter XXIV.
+
+
+§1. Where were the first banks? and whence is the name derived?
+
+§2. By what authority are our banks established? How is the capital
+stock raised?
+
+§3. How do business men deposit and draw out their money?
+
+§4. What is a _certificate of deposit_? How is it made transferable? and
+convertible into money?
+
+§5. Describe the manner of transmitting money through banks.
+
+§6. How are banks repaid? What is saved to business men by this mode of
+remittance?
+
+§7. Describe the operation of lending money by a bank.
+
+§8. Describe a bank bill. What if a bank is unable to redeem its bills?
+How are bill-holders secured against loss?
+
+§9. What is the nature of the free banking system?
+
+§10. How does this law provide for the security of bill-holders?
+
+§11. What is the business of insurance companies? What do they insure?
+Define _policy-premium_.
+
+§12. Of what consist the profits of stock insurance companies? Show this
+by an example.
+
+§13. How are companies enabled to fix proper rates of insurance? Is all
+property insured at the same rate? Why not?
+
+§14. Describe the character of mutual insurance companies. How is money
+raised for paying losses?
+
+
+
+Chapter XXV.
+
+
+§1. What preparation is made for the public defense? What does the word
+_militia_ include?
+
+§2. For what other purpose may portions of the militia be wanted? Define
+_insurrection_ and _rebellion_.
+
+§3. Who are liable to do military service? Who are exempt by the laws of
+the states generally?
+
+§4. Who by the laws of the United States?
+
+§5. What military authority have the governors and the president? Why
+have they this power?
+
+§6. How are persons dealt with for non-attendance and delinquency at
+parades?
+
+§7. What are the duties of the adjutant-general?
+
+§8. What is the business of a commissary-general? Is there one in this
+state? Define _arsenal_.
+
+§9. What is done in the case of persons averse to bearing arms? Are any
+exempt in this state without commuting?
+
+§10. What regulations exist in New York and Ohio?
+
+§11. For what reasons is the drilling of the whole militia deemed
+unnecessary?
+
+§12. What is your opinion of war? What is a better way of settling
+disputes between nations?
+
+
+
+Chapter XXVI.
+
+
+§2. What is there in our government that renders a knowledge of it
+important to the people?
+
+§3. To what country were the American colonies subject? What is a
+_colony_?
+
+§4. Whence did the people derive their rights and privileges? What was
+the _form_ of the colonial governments?
+
+§5. From whom did the officers derive their power? Were any elected? On
+whose approval did the laws finally depend?
+
+§6. What was the effect of this upon the colonists? What was the object
+of the laws of parliament relating to the colonies?
+
+§6, 7. What did some of these laws require?
+
+§8. By what particular means did that government secure the colonial
+trade? Define _duty_.
+
+§9. Explain the nature and effect of these duties.
+
+§10. What right did parliament claim? What act was accordingly passed?
+What did the colonists do? What was the final result?
+
+
+
+Chapter XXVII.
+
+
+§1. When did the first continental congress meet? How were its members
+chosen? What great act did it do in 1776?
+
+§2. What did it in November, 1777? When did the confederation go into
+effect?
+
+§3. How did the union formed by it prove? What was the probable cause of
+its imperfections?
+
+§4. What was its leading defect? Mention some instances of its weakness?
+
+§5. What probably aided in inducng compliance with the ordinances of
+congress?
+
+§6. What new difficulties arose after peace? What difficulty attended
+the laying of duties by the states?
+
+§7. For what other purpose did congress need the power to lay duties?
+How had Great Britain secured the carrying trade?
+
+§8. What other trouble arose from this imperfect union?
+
+§9. How was this difficulty sought to be remedied?
+
+§10. What was the result of the meeting at Annapolis?
+
+§11. In what did the recommending of a convention result? How was the
+constitution ratified in the states?
+
+§12. To give it effect, how many states must ratify? When were
+ratifications received from Rhode Island and North Carolina?
+
+
+
+Chapter XXVIII.
+
+
+§2. What is a confederacy? Was the confederation a union of people? or a
+union of states? From what does this appear?
+
+§3. What is the union under the constitution? Where is this declared?
+
+§4. What is said of the former independence of the states? What power
+has the general government acquired by the constitution?
+
+§5. How did the equality of the states in the old congress appear? To
+how many delegates were they entitled? How did they vote?
+
+§6. How are the states now represented? How do representatives vote?
+
+§7. State the difference between the bodies that framed and ratified the
+two instruments respectively.
+
+§8. Was the government under the confederation properly _national_? How
+does it appear that it was not? What change did the constitution effect?
+
+§9. What early act of the constitutional convention shows the present
+government to be national?
+
+§10. What departments of power were wanting under the confederation?
+
+§11. Is the present government wholly national? Why not?
+
+
+
+Chapter XXIX.
+
+
+§1. Of what does congress consist? For what terms were members of the
+old congress appointed? Why has the term of a representative been
+extended to two years?
+
+§2. What qualifications are required for voting for representatives?
+What reasons were there for this rule?
+
+§3. What are the qualifications of a representative? Give the reasons
+for these qualifications.
+
+§4. Give the rule of apportioning representatives and direct taxes.
+
+§5. What made it difficult to agree upon a rule of apportionment? In
+what states did slavery then exist? Name the present slaveholding
+states.
+
+§7. Upon what terms was the question of apportionment settled?
+
+§8. Illustrate the rule by an example.
+
+§9. How are the slave states benefited by this arrangement as to taxes?
+
+§10. What do they gain as to representation?
+
+§11. How is the number of representatives limited? How often is the
+ratio of representation fixed?
+
+§12. Why has the ratio been from time to time increased? How is a
+representation secured to the smallest states?
+
+§13. State the ratio and the number of representatives after each
+census.
+
+§14. How is a state districted for choosing representatives? When are
+they chosen?
+
+§15. How are territories represented?
+
+
+
+Chapter XXX.
+
+
+§1. How is the senate constituted? Upon what points did the convention
+differ? How was the matter settled?
+
+§2. In what provision does the federative principle appear?
+
+§3. In what is there a difference between the old congress and the
+senate?
+
+§4. What reasons are offered in favor of a short term of office? What in
+favor of a long term?
+
+§6. What is said in favor of the present term?
+
+§7. Why were not the terms of all the senators made to expire at once?
+
+§8. How are vacancies in the office of senator filled?
+
+§9. Can an appointment be made before a vacancy actually happens? State
+a case.
+
+§10. What reasons are there for the required qualifications of senators
+as to age, citizenship, and residence in the state?
+
+§11. How do bills become laws after they have been vetoed by the
+president?
+
+
+
+Chapter XXXI.
+
+
+§2. What difference is here noticed between the general and state
+governments in respect to their powers?
+
+§3. What is the first in the list of powers given to congress?
+
+§4. For what purpose was this power necessary? What is _direct_ and what
+_indirect_ taxation?
+
+§5. Define duties, customs, imposts, and excises.
+
+§6. Define _specific_ and _ad valorem_ duties.
+
+§7. Why are duties required to be uniform throughout the United States?
+
+§8. By what means was the old national debt paid? How large was it at
+different periods?
+
+§9. Why is the power to borrow money necessary?
+
+
+
+Chapter XXXII.
+
+
+§1. From what arose the necessity of the power to regulate foreign
+commerce? What was the British policy?
+
+§2. In what consisted the inequality of trade between the two countries?
+
+§3. Show, by example, how Great Britain secured a home market for her
+agricultural products.
+
+§4. What other benefits did she derive from her policy?
+
+§5. Why were we obliged to submit to the payment of these duties? Why
+not manufacture for ourselves?
+
+§6. Why did not our government retaliate by imposing like duties upon
+British goods and vessels?
+
+§7. What are duties designed to encourage home manufactures called?
+
+§8. Show, by example, the operation and effect of a protective duty.
+
+§9. By what other power may this object be partially effected? Show how.
+
+§10. Why, then, was not one of these powers sufficient?
+
+§11. Show, by example, why the free importation of foreign goods and
+direct taxation are not deemed the better policy.
+
+§13. How early, and how, was domestic industry encouraged? What rendered
+high duties for a time unnecessary?
+
+§14. What afterwards made it necessary for congress to exercise more
+extensively its powers to regulate trade? When did the system of
+protection properly commence? Where has since been the principal market
+for agricultural products?
+
+§15. Where, and by whom, are the duties or customs collected?
+
+
+
+Chapter XXXIII.
+
+
+§1. What is _navigation_?
+
+§2. What is _tunnage_? _Tunnage duties_? For what purpose were these
+duties laid? Why were they called _discriminating_ duties?
+
+§3. What has been their effect? What has caused their discontinuance?
+
+§4. How are vessels registered?
+
+§5. What is a _manifest_? A _clearance_?
+
+§6. At whose request are passports furnished to vessels? What is a
+_passport_? By whom given?
+
+§7. How is the safety of passengers and crew provided for?
+
+§8. Define _quarantine_. What has congress enacted in relation to
+quarantines?
+
+§9. Why was power given to congress to regulate _internal_ commerce, or
+commerce among the states?
+
+§10. Why the power to regulate commerce with the Indian tribes?
+
+
+
+Chapter XXXIV.
+
+
+§1. What were the disqualifications of aliens by the common law? Why are
+these disqualifications deemed proper?
+
+§2. When ought they to be removed? Why should the rule of naturalization
+be uniform?
+
+§3. Describe the manner in which an alien is naturalized.
+
+§4. How do alien minors become citizens?
+
+§5. What is a _bankrupt_? A bankrupt law? What is the object of such
+laws?
+
+§6. Why is the power to pass them given to congress? Why should they be
+uniform?
+
+§7. Why is the power to coin money and regulate its value given to
+congress? What change in the system of reckoning has been effected?
+
+§8. At what places is money coined? What is _bullion_?
+
+§9. Why is the power to fix the standard of weights and measures vested
+in congress?
+
+§10. Why has congress the power to provide for punishing the
+counterfeiting of the securities and coin of the United States?
+
+
+
+Chapter XXXV.
+
+
+§1. Why is the power to establish post-offices given to congress?
+
+§2. How are useful arts and sciences promoted?
+
+§3. How does an author of a work proceed in procuring a copy-right? By
+whom, and where, is the title recorded?
+
+§4. What else must the author do? For how many years is the right
+obtained? For what term, and how, may the right be continued?
+
+§5. Where are patents for inventions obtained? How does the inventor
+proceed?
+
+§6. How much must he pay before his petition is considered? For what
+term are patents granted? For what term may they be renewed?
+
+
+
+Chapter XXXVI.
+
+
+§1. Define _piracy_ and _felony_. Why is the power to define and punish
+these crimes given to congress?
+
+§2. Why also the power to define and punish offenses against the law of
+nations?
+
+§3. Why the power to declare war? Who exercises this power in
+monarchies?
+
+§4. What are letters of marque and reprisal? Why should not an
+individual redress his private wrongs?
+
+§5. Why should not the states authorize reprisals?
+
+§6. Why has congress the power to make rules concerning captures? How is
+captured property distributed?
+
+§7. Why is the general power to provide for the national defense
+intrusted to congress?
+
+§8. Why was given to congress entire control over the district
+containing the seat of government?
+
+§9. What district is here referred to? Over what other places has
+congress exclusive authority?
+
+§10. What is the last power granted in the list here enumerated? Why is
+this general grant of power to make laws deemed necessary?
+
+§11. What opinion is held by some in regard to this power? On what
+reasons is this opinion founded?
+
+
+
+Chapter XXXVII.
+
+
+§1. What is the first prohibition on congress?
+
+§2. To what has this reference? For what reasons was this prohibition
+assented to?
+
+§3. Have men a natural right to buy and sell each other? When was the
+foreign slave trade prohibited? How is it now punishable?
+
+§4. Define _habeas corpus_. What is the privilege of this writ?
+
+§5. What is a bill of attainder? When is it a bill of pains and
+penalties?
+
+§6. What is an _ex post facto_ law? Give examples of ex post facto laws.
+
+§7. What is a capitation tax? To what provision of the constitution does
+this prohibition refer? What does it mean?
+
+§8. Why are duties on exports forbidden? How might the interests of the
+different states be injuriously affected by taxing exports?
+
+§9. What further reasons are given for this prohibition? How is freedom
+and equality in trade secured to the states?
+
+§10. By what provision is the proper disposal of the public moneys
+secured?
+
+§11. Why is the granting of titles of nobility forbidden? How are public
+officers guarded against corruption from foreign influence?
+
+
+
+Chapter XXXVIII.
+
+
+§1. What is a treaty? An alliance? A confederation? Why are states
+forbidden to enter into them?
+
+§2. Why should not states issue letters of marque and reprisal?
+
+§3. Why should they not coin money?
+
+§4. Why were they forbidden to emit bills of credit? Does the
+prohibition extend to bank bills?
+
+§5. What is meant by _tender_, usually termed _lawful_ or _legal
+tender_? Why should coin only be made tender in payment of debts?
+
+§6. Why is the passing of bills of attainder and ex post facto laws by
+states forbidden? Why are laws impairing the force of contracts
+prohibited?
+
+§7. Do insolvent or bankrupt laws impair the obligation of contracts?
+States have passed such laws; were they constitutional? How has the
+question been decided?
+
+§8. Why is the granting of titles forbidden to the states?
+
+§9. What objections to the general power of the states to tax exports or
+imports? What exception is made to the prohibition?
+
+§10. What is the object of this exception?
+
+§11. What other restrictions are there upon the power of the states?
+
+
+
+Chapter XXXIX.
+
+
+§1. In whom is the executive power of the nation vested?
+
+§2. For what reasons was this power given to one person only?
+
+§3. Why were four years agreed on as the official term?
+
+§4. By whom is the president elected? Has the mode of election ever been
+altered?
+
+§5. By what authority is the manner of choosing the electors prescribed?
+By whom are they chosen at present?
+
+§6. In what manner are they chosen? Describe particularly the election
+by general ticket. When are electors chosen?
+
+§7. Where and when do the electors vote for president? How, when, and to
+whom, are certificates of their votes sent?
+
+§8. When, where, and by whom are the votes counted? How is the election
+determined? If no person has a majority of all the votes, by whom is the
+election made? How do the members vote?
+
+§9. Describe the election of president by the house in 1825.
+
+§10. How is the vice-president elected if there is no choice by the
+electors?
+
+§11. What are the qualifications of the president and vice-president?
+
+§12. How is a vacancy in the office of president supplied? What further
+provision is made for supplying vacancies?
+
+§13. Why may not the salary of a president be increased or diminished?
+
+§14. When does the presidential term commence and expire?
+
+
+
+Chapter XL.
+
+
+§1. What high military office has the president? Why is the command of
+the public forces intrusted to him?
+
+§2. For what reasons the power to grant reprieves and pardons?
+
+§3. What other powers has the president? For what purposes are treaties
+made? Who exercises this power in monarchies? Why is not the house
+associated with the president and senate?
+
+§4. For what reasons is the senate preferred? Who appoint embassadors?
+
+§5. By whom and how are treaties negotiated? By whom ratified?
+
+§6. What is here mentioned as the practice of civilized nations? What
+are the duties of the secretary of state in our intercourse with foreign
+nations?
+
+§7. What titles have representatives at foreign courts? Who are
+embassadors _in ordinary_ and _extraordinary_? Envoys? Envoys
+_plenipotentiary_?
+
+§8. What are our representatives abroad called? What are _chargès des
+affaires_?
+
+§9. What is the business of consuls?
+
+§10. Why is the appointment of judges of the supreme court given to the
+president and senate?
+
+§11. For what reason should the president have the right to select the
+heads of the departments?
+
+§12. What power has the president alone in filling vacancies? Why is
+such a power necessary?
+
+§13. What other powers and duties of the president are mentioned in the
+constitution?
+
+§14. What officers are removable by impeachment? and for what offenses?
+
+
+
+Chapter XLI.
+
+
+§1. Among what departments is the executive business of the nation
+distributed? By what names are the head officers called? How appointed?
+
+§2. What departments did the first congress establish? What officers
+constituted the first cabinet? When were the heads of the navy,
+post-office, and interior departments respectively added?
+
+§3. What are the duties of the secretary of state relating to foreign
+affairs? Define diplomacy and diplomatist.
+
+§4. What are the duties of the secretary in relation to home affairs?
+
+§5. What are the duties of the secretary of the treasury?
+
+§6. What are his principal assistants?
+
+§7. What are the duties of the secretary of the interior? What is a
+_pension_? To what classes of persons are pensions allowed? To whom are
+bounties of lands allowed?
+
+§8. To what do the duties of the secretary of war relate?
+
+§9. What is the business of the secretary of the navy? and of the navy
+commissioners?
+
+§10. What are the principal duties of the postmaster general? Who are
+his principal assistants?
+
+§11. What is the business of postmasters in relation to keeping accounts
+of letters, advertising letters, and making returns to the general
+post-office? What are _dead_ letters?
+
+§12. How are postmasters paid for their services? State the rates of
+commission. To what amount of compensation are postmasters limited? What
+postmasters are appointed by the president and senate?
+
+§13. Who are entitled to the franking privilege? and to what extent? How
+is franking done? What government officers frank matter on official
+business?
+
+§14. What are the duties of the attorney-general?
+
+
+
+Chapter XLII.
+
+
+§1. Was there a national judiciary under the confederation? In what
+courts is the judicial power of the U.S. vested?
+
+§2. By whom, and for what term, are the judges appointed? Why is the
+term made so long?
+
+§3. How is the independence of the judges further secured? Why should
+congress not have power to reduce their salaries?
+
+§4. Cases of what nature are tried in the national courts?
+
+§5. Why is the trial of crimes to be held in the state where committed?
+
+§6. Which are the lowest national courts? How is a district court
+constituted? What cases does it try?
+
+§7. How many circuits are there? How is a circuit court constituted?
+What cases does it try?
+
+§8. How is the supreme court constituted? Where, and when, does it hold
+sessions? What is its principal business?
+
+§9. What important object is so cared by the supreme court? How are
+state laws and the decisions of state courts affected by the decisions
+of the supreme court of the United States?
+
+
+
+Chapter XLIII.
+
+
+§1. Why was the definition of treason put into the constitution? What is
+levying war?
+
+§2. State more particularly what does and what does not constitute
+levying war and treason?
+
+§3. What proof is required to convict of treason?
+
+§4. How was treason punished by the common law? How has congress made it
+punishable?
+
+§5. What is attainder? Its meaning here? By the common law, how did the
+sentence of death for treason affect the traitor? What has congress
+declared concerning conviction for treason?
+
+
+
+Chapter XLIV.
+
+
+§1. What is the object of the provision concerning state records?
+
+§2. In giving effect to this provision, what has congress enacted? In
+case of a judicial proceeding, what is required? What in case of an act
+of a state legislature?
+
+§3. What is meant by the clause concerning the privileges of citizens in
+the several states? Without such provision, what might a state do?
+
+§4. How is a fugitive from justice arrested and returned for trial?
+
+§5. Who are meant by "persons held to service or labor, escaping into
+another state?" What provision of the common law induced the adoption of
+this clause?
+
+§6. How are fugitives from slavery apprehended and returned? Is the law
+requiring the capture and return of fugitive slaves, in your opinion,
+morally binding?
+
+§7. What induced the provision for admitting new states? What states
+have been formed from the north-western territory?
+
+§8. What unsettled tract was south of the Ohio? Whose consent to the
+division of a state does the constitution require?
+
+§9. In the right to acquire territory, what other right is implied? Had
+the old congress this power? What has congress done under the power here
+granted?
+
+§10. How is a republican form of government secured to the states? How
+are they to be protected against invasion and domestic violence? What is
+meant by domestic violence?
+
+
+
+Chapter XLV.
+
+
+§1. How are constitutional amendments proposed? How ratified?
+
+§2. What good is supposed to have resulted from so difficult a mode of
+amendment?
+
+§3. For what reasons was the new government made to assume the debts of
+the old?
+
+§4. Why is the constitution of the United States, and the laws and
+treaties made under it, made binding above all state authority?
+
+§5. Why are public officers bound by oath to support the constitution,
+and to discharge their duties faithfully?
+
+§6. What is a religious _test_? What was it in England? Why was it
+forbidden by the constitution?
+
+§7. What does the last article declare? Why was not the ratification of
+all the states required? Why was the ratification of so many as nine
+required?
+
+§8. When did this state ratify? When did North Carolina and Rhode Island
+come into the union?
+
+§9. When were electors of president chosen? When was the president
+elected, and when inaugurated? When did proceedings under the
+constitution commence?
+
+
+
+Chapter XLVI.
+
+
+§1. How many articles of amendment are there? What is the nature of most
+of them? Why then were they added? When were the first ten proposed and
+ratified?
+
+§2. What is forbidden by the first amendment?
+
+§3. What right is guarantied by the second amendment? Why is this right
+necessary?
+
+§4. What does the third amendment declare? What probably suggested it?
+
+§5. What right is guarantied by the fourth article? What evil is it
+intended to prevent?
+
+§6. What rights does the fifth article guaranty? Can you give any reason
+why a person fairly tried and acquitted should not be tried again? What
+does the sixth article require?
+
+§7. What is secured by the seventh amendment? What is meant by suits at
+common law? What are courts of admiralty? How is the latter part of this
+article explained?
+
+§8. What does the eighth article forbid? What evils was it designed to
+prevent?
+
+§9. What is the ninth article? What evil was it designed to prevent?
+
+§10. What does the tenth amendment declare? Explain it.
+
+§11. When was the eleventh article proposed and ratified? What is it?
+What was it intended to prevent?
+
+§12. What does the twelfth amendment effect? When was it proposed and
+ratified?
+
+
+
+Chapter XLVII.
+
+
+§1. How are the municipal or civil laws distinguished from the
+fundamental or political law?
+
+§2. What are statute laws?
+
+§3. What is the common law? Is it law in this country?
+
+§4. What are the rights of person? Personal security? Personal liberty?
+How are they guarantied?
+
+§5. How may a man protect himself when in danger of personal injury?
+What remedy for violence committed?
+
+§6. How far may a man go in defending himself or his property? What is
+such killing called?
+
+§7. How are we protected in our good names? What is slander?
+
+§8. What is libel? Which is considered the greater injury? For which is
+a person liable in both a civil and criminal suit?
+
+§9. What is the rule of the common law in the case of a criminal action
+for libel? What is the reason for this principle?
+
+§10. What distinction do some make between cases of public and private
+prosecution for libel?
+
+§11. Does the common law still prevail in this country? How has it been
+modified?
+
+§12. How is personal liberty secured? What is the nature of the writ of
+_habeas corpus_?
+
+§13. What is liberty of conscience? How is it secured?
+
+§14. Is this right secured to the same extent in England?
+
+§15. What is meant by the right of property? By what is it protected?
+
+
+
+Chapter XLVIII.
+
+
+§1. What is meant by the age of consent? At what periods of life is it
+fixed? At what in this state?
+
+§2. What three requisites to a lawful marriage are next mentioned?
+
+§3. May a person remarry who has a wife or husband living? What is the
+crime called? What cases are excepted?
+
+§4. Are the marriages in these excepted cases binding? What is the
+common law on the subject?
+
+§5. How, and by whom are marriages solemnized? What regulations exist in
+some states? Is a license or a notice required in this state?
+
+§6. By common law, what right to the personal property does the husband
+acquire by marriage?
+
+§7. Does he acquire an absolute right also to her real estate? How is
+his right limited?
+
+§8. How has this common law rule been changed? Can you tell what the law
+is in this state?
+
+§9. By common law, what liability does a husband incur by marriage? What
+is coverture? Is this now the law in all the states? Is it in this
+state?
+
+§10. How far is a husband bound for the maintenance of his wife?
+
+§11. May they be witnesses for each other?
+
+
+
+Chapter XLIX.
+
+
+§1. What are the obligations of parents? What is the age of majority? In
+law, who are infants, or minors?
+
+§2. How far, or in what cases, is a father liable for the contracts of a
+child?
+
+§3. Can a minor bind himself by contract? In what cases is he bound?
+
+§4. How in cases of rent? How in cases of contracts which he avoids when
+he comes of age?
+
+§5. Are minors answerable for crimes? How in cases of fraud?
+
+§6. What right have they to bind themselves as apprentices and servants?
+By whose consent?
+
+§7. Who may bind pauper children? What provision is made for their
+education?
+
+§8. What are the rights of the master and apprentice respectively?
+
+§9. When may apprenticeships be dissolved?
+
+§10. How may a hired servant forfeit his wages? For what may he be
+dismissed? For what cause released from his service?
+
+§11. What are the mutual liabilities of master and servant?
+
+
+
+Chapter L.
+
+
+§1. By whom, and in what ways, may real estate be taken, held, and
+conveyed? Have aliens this right?
+
+§2. What is it to _devise_ property? What is a or testamen? Define
+testator, and intestate.
+
+§3. Who may bequeath property? What special rights to bequeath property
+are given in some states? What is a nuncupative will?
+
+§4. How has the right of married women to bequeath property been
+extended?
+
+§5. How is a will executed?
+
+§6. In what different ways may a will be revoked?
+
+§7. What is the effect of the subsequent birth of a child? What else
+have some states provided?
+
+§8. What is a codicil? Its effect?
+
+§9. How is a will proved? What are letters testamentary, and letters of
+administration?
+
+§10. What is meant by the _descent_ of property? Is the rule of descent
+uniform in the states? To whom, generally, does it descend first?
+
+§11. If any children of the intestate are dead, how does it descend?
+Give an example.
+
+§12. If all the children are dead, how do the grand-children share? Is
+this state an exception to the rule?
+
+§13. Do real and personal estate generally come under the same rule?
+
+
+
+Chapter LI.
+
+
+§1. What is the benefit of a deed of real estate? What is expressed in a
+deed? How is it executed?
+
+§2. What is necessary to secure possession to the purchaser? Where are
+conveyances recorded in this state?
+
+§3. How long, in come states, are first purchasers secure before
+recording? What is the law in this state? What claim does a purchaser
+thus dispossessed still retain? Can you tell why conveyances are
+required to be recorded at all?
+
+§4. How are deeds proved? Before whom are thoy acknowledged? How are
+they recorded?
+
+§5. What is meant by _fee-simple_? What does the grantor in a warranty
+deed bind himself to do? In what does such deed differ from a quit-claim
+deed?
+
+§6. What is a mortgage? How is the balance of the purchase money usually
+secured? How is the money raised?
+
+§7. Why does a wife join with her husband in a conveyance? What is the
+interest thus retained by a widow called? In what else must a wife join?
+Does a wife acknowledge apart from her husband in this state?
+
+
+
+Chapter LII.
+
+
+§1. Define corporeal and incorporeal hereditaments. What are aquatic
+rights?
+
+§2. What is a right of way? How is this right obtained? What is an
+easement?
+
+§3. In what case does a right of way pass with the land? Give an
+example.
+
+§4. In what cases does this right arise from necessity?
+
+§5. When the use of a thing is granted, what is generally granted with
+it?
+
+§6. How is a temporary right of way acquired? Does the obstruction of a
+private way give the same right?
+
+§7. What is a right by _prescription_? How many years' peaceable use
+gives a person such right? What change in this term has been made in
+some states? What is it in this state?
+
+§8. What right have the public to the soil of a highway? Who own the
+soil? What right and power concerning it do they retain?
+
+§9. What are the rights of the owners of lands adjoining a stream? How
+is the use of the water restricted?
+
+§10. How may the right to the use of the water be affected by
+prescription?
+
+§11. What is the general and established doctrine on this subject? Must
+the use be enjoyed by one person during the whole period to give a
+prescriptive right?
+
+
+
+Chapter LIII.
+
+
+§1. What is an estate of inheritance? A _fee_? A _fee-simple_?
+
+§2. What is the writing which conveys an interest in lands for a limited
+period called? What means to lease? Define lessor and lessee. What
+lenses must be sealed?
+
+§3. How are these limited interests in land divided? What is an estate
+for life? How, otherwise than by lease, are life estates acquired?
+
+§4. What is an estate for years?
+
+§5. May a lessee for years underlet without the lessor's leave? For how
+long a time?
+
+§6. Who is entitled to the growing crop if the lease expires before
+harvest? In what case the tenant?
+
+§7. Does the destruction of rented premises release the tenant from
+payment of rent? In what case would he not be liable?
+
+§8. Can a tenant charge his landlord for repairs? What may he do when
+the premises have become unsafe or useless?
+
+§9. Where and when must payment of rent be made or tendered?
+
+§10. What is an estate at will? Are such estates common? In what case
+are they held to be tenancies from year to year? What if a tenant for
+years hold over after his lease?
+
+§11. What turns leases from uncertain terms into leases from year to
+year? Who is strictly a tenant at will? Can he be dispossessed without
+previous notice to quit?
+
+§12. What is an estate at sufferance? What are the rights of a landlord
+and a tenant by sufferance, respectively?
+
+
+
+Chapter LIV.
+
+
+§1. Define contract. What is an executory contract? An express contract?
+An implied contract?
+
+§2. What is a specialty? A simple or parol contract? Define _parol_.
+What effect has parol evidence upon written contracts?
+
+§3. Who are deemed incapable of contracting? How are contracts made by
+such persons voided? How enforced? What is the general rule?
+
+§4. What is the rule in regard to drunkards?
+
+§5. What is mentioned as the second requisition to a valid contract? How
+must assent be given?
+
+§6. What is next mentioned as necessary to a valid contract? What is a
+consideration?
+
+§7. What is the effect of mutual promises? How must they be made? How
+when the parties are distant?
+
+§8. Why are gratuitous promises void? In what case are subscriptions
+binding?
+
+§9. Why can not payment be lawfully claimed for gratuitous services? In
+what cases is a person bound to pay for unasked labor?
+
+§10. What else is mentioned as necessary to a valuable consideration?
+What kind of impossibility will not void a contract?
+
+§11. What is said of illegal and immoral considerations?
+
+§12. To what kind of contracts does the rule that a consideration is
+necessary apply? Why not to those under seal?
+
+§13. What is declared by the English statute of frauds? What do some
+states further require?
+
+
+
+Chapter LV.
+
+
+§1. What is a sale? What general principles apply to contracts of sale?
+
+§2. What if a man contracts to sell what has no existence? Give an
+example.
+
+§3. Can he sell what may have a future existence? Give examples.
+
+§4. What is said about _price_, as essential to a sale?
+
+§5. What about the mutual consent of parties?
+
+§6. What is to be done if the goods are not immediately delivered? Below
+what price is this unnecessary? What is the sum fixed in this state?
+
+§7. What is said about delivery to complete a contract?
+
+§8. When does the buyer acquire the right of property? When the right of
+possession?
+
+§9. In case the goods are sold on credit, when has the buyer a right to
+them? In what case has he not?
+
+§10. What is said about the warranty of title?
+
+§11. In regard to quality, what?
+
+§12. To what cases does not this rule apply? Is a seller bound to
+disclose hidden defects?
+
+§13. What is the general rule?
+
+
+
+Chapter LVI.
+
+
+§1. For what purposes are fraudulent sales made?
+
+§2. What is here stated to be a common law rule? Upon what question do
+the courts differ?
+
+§3. What distinction has been made between conditional and unconditional
+bills of sale and assignments?
+
+§4. In different states, what different rules prevail?
+
+§5. How does the strict rule sometimes operate to the injury of honest
+debtors?
+
+§6. How has this question been settled in some states? What are these
+instruments of conveyance called? Must they be recorded in this state?
+
+§7. In what case, when there is a judgment against the seller, would a
+sale of personal property be fraudulent?
+
+§8. How are assignments made for the benefit of creditors? May such
+assignor prefer any of his creditors?
+
+§9. If he agrees to pay all a certain share, and then privately prefers
+some, what is the effect?
+
+§10. In what cases are gifts valid against creditors?
+
+
+
+Chapter LVII.
+
+
+§1. Define bailment.
+
+§2. For what is a bailee without reward responsible? What is a
+depositary?
+
+§3. A mandatary? For what is he responsible?
+
+§4. For what is a borrower liable? How is he restricted in the use of
+the article?
+
+§5. In the case of property pledged as security for debt, what are the
+liabilities?
+
+§6. What in case of a hired article?
+
+§7. What if work or care is to be bestowed upon a thing delivered?
+
+§8. The liability of innkeepers?
+
+§9. Of persons carrying goods for hire in a particular case?
+
+§10. What is a common carrier? To what extent is he liable?
+
+§11. What are his rights and obligations as to receiving and carrying
+goods?
+
+§12. What are the liabilities of proprietors of stage coaches as to
+passengers? What as to the carrying of goods and the baggage of
+passengers?
+
+
+
+Chapter LVIII.
+
+
+§1. Define agent, principal, factor. What is a factor sometimes called?
+
+§2. How is a factor secured for money advanced on property?
+
+§3. What is this right to hold property called? How is he restricted?
+
+§4. How far is a principal bound by the acts of a general agent? What is
+a general agent?
+
+§5. How far is an agent bound to his principal? In what case may he
+depart from his instructions?
+
+§6. By what rule is he to be governed?
+
+§7. What degree of diligence and skill must he exercise? What is
+ordinary diligence? Reasonable skill?
+
+§8. In what cases is an agent responsible to the person with whom he
+deals? In what case is a principal liable for goods bought by an agent
+in his own name?
+
+§9. What is a broker? His ordinary business? In what does he differ from
+a factor?
+
+§10. What is a lien? For whose benefit is the right intended? How their
+right restricted?
+
+
+
+Chapter LIX.
+
+
+§1. Define partnership?
+
+§2. In what cases does the act of one partner bind all, and in what does
+it not?
+
+§3. What cases of association are here mentioned that are not
+partnerships?
+
+§4. How are they to sue and be sued?
+
+§5. What cannot a partner do without the consent of all? What may
+dissolve a partnership at any time? §
+
+§6. Why should notice of dissolution be published when any partner
+withdraws? How else may he become liable?
+
+§7. How are limited partnerships formed?
+
+§8. For what amount are the special partners liable? Whose names are
+used For what are the general partners liable? If the partnership is to
+be dissolved by the act of the parties, what is to be done?
+
+
+
+Chapter LX.
+
+
+§1. What is a promissory note? Give a form.
+
+§2. What is the effect of inserting "or bearer," or, "or order"? If
+payable to order, how is it made negotiable? Why is a note called
+negotiable? If not negotiable, how is it to be sued?
+
+§3. What is a blank indorsement? A full indorsement? What is sometimes
+done in case of a blank indorsement?
+
+§4. Show, by example, the benefit of making a note payable to order
+instead of to bearer.
+
+§5. Why are the words "value received" inserted? Is a note without these
+words collectable?
+
+§6. In what different ways may notes signed by two or more persons be
+written, to be joint, or joint or several?
+
+§7. By Whom may a negotiable note be sued? In what case can a holder of
+a note recover upon it, though he received it of a person who had stolen
+it?
+
+§8. To what rule is this an exception? Why is this exception?
+
+§9. On the other hand, what is required to protect the owner? What
+should the owner do?
+
+§10. What is the risk in buying a note after it has become due? How is
+it when no day of payment is expressed? What regulation exists in New
+Jersey and Pennsylvania?
+
+§11. What is the law respecting notes payable in some commodity?
+
+§12. When do notes payable on demand, or in which no time of payment is
+mentioned, become due and suable? Notes payable at sight, or after
+sight? If the words "with interest" are omitted, when does interest
+commence? If payable on demand, when?
+
+§13. What are days of grace? How do they affect a note?
+
+§14. To bind an indorser, when must payment be demanded?
+
+§15. If payment is refused, how and when is the indorser to be notified?
+
+§16. In case the maker's residence is unknown, how is payment to be
+demanded?
+
+§17. State the effect of the different modes of guarantying notes.
+
+
+
+Chapter LXI.
+
+
+§1. What is a bill of exchange? Give a form.
+
+§2. What are foreign bills of exchange? Inland?
+
+§3. Give an example of its operation and effect?
+
+§4. How is a bill accepted? How is the acceptor liable? How is payment
+demanded?
+
+§5. When must bills payable at sight, or a certain day after sight, or
+after date, be presented for acceptance? When presented for payment?
+
+§6. What is the nature of a bank check?
+
+§7. What is the business of a notary public? Define _protest_.
+
+§8. What is said of protesting inland bills of exchange?
+
+§9. What is interest?
+
+§10. Give the rates of interest in the different states. What is it in
+this state?
+
+§11. What is usury? What is the forfeiture for taking usury in this
+state?
+
+
+
+Chapter LXII.
+
+
+§1. Are the penalties for crimes the same in all the states? Is the
+measure of punishment always the same for the same offense, in any
+state? Who fixes the measure of punishment?
+
+§2. What crimes are punishable by death in this state?
+
+§3. Why are crimes punishable by death called _capital_ crimes? Define
+capital.
+
+§4. Define treason.
+
+§5. What is murder? Are there different degrees of murder in this state?
+
+§6. Define manslaughter. How many degrees of manslaughter in this state?
+
+§7. What is arson? Define arson in the first degree. How is this degree
+punishable in this state?
+
+§8. What is homicide? When is it felonious? What is justifiable and
+excusable homicide?
+
+§9. What is maiming? Kidnapping? What other crimes are here mentioned as
+felonies?
+
+§10. What is burglary? Why is the crime deemed greater when committed in
+the night time?
+
+§11. Define forgery and counterfeiting?
+
+§12. Define robbery, and an attempt to rob.
+
+§13. What is embezzlement? How is it punishable?
+
+§14. What is larceny? What is _grand_, and what is _petit_ larceny?
+
+§15. What is perjury? What is subornation of perjury?
+
+§16. Define bribery.
+
+§17. What is dueling? Is dueling murder in this state?
+
+§18. Is aiding a prisoner to escape a crime?
+
+§19. What is bigamy? What is the difference between bigamy and polygamy?
+
+§20. What is incest?
+
+§21. In what case is opening a grave a crime? How is it punishable in
+this state?
+
+§22. Who are accessories to crime?
+
+§23. Define assault and battery.
+
+§24. What is a riot? How may riots be suppressed?
+
+§25. What grade of offense is it for an officer to rescue a prisoner or
+voluntarily to suffer him to escape?
+
+§26. What is false imprisonment?
+
+§27. What grade of offense are the four offenses last named? What other
+misdemeanors are mentioned in this section? Can you name any other?
+
+
+
+Chapter LXIII.
+
+
+§1. Of what consists the law of nations? What was its early character?
+
+§2. By what means has it been improved?
+
+§3. What particular further improvement is desirable?
+
+§4. What is said of the independence of nations? How, then, is redress
+for injuries obtained?
+
+§5. What right has a nation in respect to its government? To this rule,
+what exception do some make?
+
+§6. In what cases may one nation assist another in changing its
+government?
+
+§7. In what respect are nations mutually dependent?
+
+§8. By what law ought all nations to be governed? What does this law
+require?
+
+§9. By what names is this law when applied to nations or states called?
+Why is it so called?
+
+§10. For what reasons do some writers divide it into the _natural_ and
+_positive_ laws of nations?
+
+§11. Define the positive law of nations. How is it divided? Define the
+customary law of nations.
+
+§12. What is a conventional law of nations? Define _convention_.
+
+§13. What is the advantage of conventional law?
+
+§14. By what consideration is the observance of treaties induced?
+
+§15. What is a perfect obligation? An imperfect obligation? Why are the
+obligations of nations called imperfect?
+
+
+
+Chapter LXIV.
+
+
+§1. What rights have nations on the seas? By what laws are persons at
+sea governed?
+
+§2. Over what waters flowing through its territory has a nation
+jurisdiction? To what distance on the sea?
+
+§3. What right have other nations to a passage over its lands and
+waters? Why is this an imperfect right?
+
+§4. What are the mutual rights and duties of a state and foreign
+immigrants?
+
+§5. What is its duty in respect to foreign criminals?
+
+§6. What is said of the responsibility of embassadors? For bad conduct,
+how are they punishable? Why are they not amenable to the laws of the
+foreign state?
+
+§7. What rights have they in countries through which they pass? What is
+a passport?
+
+§8. How are embassadors dealt with for disrespectful conduct at a
+foreign court?
+
+§9. What do ministers do when they are ill-treated?
+
+§10. If a government, for good cause, refuses to receive a minister,
+what is its duty?
+
+§11. What power has a minister in making treaties?
+
+§12. To what laws are consuls subject? What is their business?
+
+
+
+Chapter LXV.
+
+
+§1. Define offensive and defensive war. What are the contending parties
+called? Who are neutrals?
+
+§2. What are the proper characteristics of a war?
+
+§3. What are objects of a lawful war?
+
+§4. When is a personal injury to the citizens of one state by those of
+another deemed just cause of war?
+
+§5. What ought a government to do before resorting to war to redress
+injuries?
+
+§6. How is satisfaction sometimes sought without making war? How are
+reprisals made? Define confiscate.
+
+§7. To justify reprisals, what is necessary?
+
+§8. How far is a nation bound by a treaty of alliance to assist another
+in war?
+
+§9. In what cases is it not bound to render the aid?
+
+§10. What if the alliance is defensive? Is the government that first
+applies force always the aggressor?
+
+
+
+Chapter LXVI.
+
+
+§1. How is war usually announced? By what authority?
+
+§2. Is a declaration communicated to the enemy? What is deemed
+sufficient?
+
+§3. When war is declared, who are involved in it?
+
+§4. How does war in a state affect the persons and property of the
+enemy's subjects found within such state?
+
+§5. How is trade between the two countries affected by the war?
+
+§6. What is necessary to make offensive hostilities lawful? In what case
+would such permission be beneficial?
+
+§7. How far does a just war give the right to take the life of the
+enemy?
+
+§8. How are prisoners of war to be treated? What is said about the
+exchange and ransom of prisoners?
+
+§9. What kinds of property may not, and what may, be destroyed?
+
+§10. What is said of stratagems?
+
+§11. Of spies?
+
+§12. In what kind of war is the destruction of private property lawful?
+On what ground?
+
+§13. What are privateers? What are their owners authorized to do? How is
+privateering encouraged?
+
+§14. How is the abuse of this right prevented?
+
+§15. State the proceedings of the captors and the court, in cases of
+capture?
+
+§16. Who has the primary right to all prizes? How do the citizens get
+any interest in them?
+
+
+
+Chapter LXVII.
+
+
+§1. To what is a neutral nation bound? What kind of aid to an enemy is
+unlawful?
+
+§2. How is the trade of a neutral affected by war? With what may she
+still supply a belligerent?
+
+§3. What is said of the right of a neutral to carry the goods in such
+cases?
+
+§4. What are prohibited articles called? What goods are contraband?
+
+§5. What is done with contraband goods? In what cases is the vessel also
+confiscated?
+
+§6. What is a blockade? Its object? How does it affect neutrals?
+
+§7. What is necessary to a lawful blockade? In case a place is blockaded
+by sea only, how may trade be carried on with it?
+
+§8. What is the right of search? What vessels are subject to search?
+
+§9. In what case is the property of an enemy in a neutral vessel liable
+to seizure? What is done with the property of neutrals found in an
+enemy's vessel?
+
+§10. What may not a neutral permit in her ports? What may not her
+citizens do?
+
+§11. For what purposes are hostilities sometimes suspended? When is the
+suspension called a suspension of arms? In what cases a truce? What is
+the difference between a partial and a general truce?
+
+§12. How are the contracting parties and their citizens affected by a
+truce?
+
+§13. How is peace generally secured?
+
+§14. When do treaties of peace take effect between the parties?
+
+§15. How is the service of mediation performed?
+
+
+
+
+
+
+End of Project Gutenberg's The Government Class Book, by Andrew W. Young
+
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