ANDREWS S 
 
 MANUAL 
 
 OF THE 
 
 CONSTITUTION 
 
 
EDUCATION DEPT 
 
MANUAL 
 
 CONSTITUTION 
 
 OF THE 
 
 UNITED STATES. 
 
 DESIGNED FOR THE INSTRUCTION OF AMERICAN YOUTH IN THE DUTIES, 
 OBLIGATIONS, AND RIGHTS OF CITIZENSHIP. 
 
 BY 
 
 ISRAEL WARD ANDREWS, D. D., LL. D., 
 
 President 6/ Marietta College. 
 
 VAN ANTWERP, BRAGG & CO., 
 
 137 WALNUT STREET, 28 BOND STREET, 
 
 C INC INN A TL NE W YORK. 
 
Entered according to Act of Congress, "in the year 1874, by 
 
 WILSON, IliNKLK & Co., 
 In the Office of the Librarian of Congress, stt Washington. 
 
 EDUCATION 
 
 ECLECTIC PRESS: 
 
 VAN ANTWERP, BRAGG ft CO. 
 CINCINNATI. 
 
TO THE 
 
 TRUSTEES OF MARIETTA COLLEGE, 
 
 WITH WHOM, 
 FOR MORE THAN A THIRD OF A CENTURY, 
 
 THE AUTHOR 
 
 HAS BEEN MOST PLEASANTLY ASSOCIATED, 
 THIS VOLUME 
 
 Is GRATEFULLY INSCRIBED. 
 
 M69879 
 
 Clii) 
 
PBEFACE. 
 
 THIS work has grown out of the necessities and ex 
 perience of the class-room. For the proper instruction 
 of the student in the important subject of civil gov 
 ernment, a clear exposition of the great principles of 
 the Constitution is needed, with a summary of the 
 legislative provisions in which they nave been em 
 bodied. When the author took charge of this depart 
 ment of study, he found himself embarrassed in both 
 these respects, and especially the latter. Questions were 
 continually suggesting themselves, to which answers 
 could be obtained only after laborious research. 
 
 Urged on by a deep interest in the subject, and 
 availing himself of the unusual facilities for the prose 
 cution of studies of this character furnished by the 
 library of the College, the author entered upon a some 
 what extended investigation of our governmental his 
 tory. The materials thus accumulated, and accumulat 
 ing, having for some years furnished the basis for 
 instruction by lectures, have now been condensed into 
 this form, and are given to the public in the hope 
 that other instructors may be in some measure relieved 
 
Vi PREFACE. 
 
 from the excessive labor which similar personal exam 
 ination would involve. 
 
 While the primary object was to provide a suitable 
 text-book, a conviction that a knowledge of our gov 
 ernment can not be too widely diffused, and that large 
 numbers would welcome a good work on this subject, 
 has led to the attempt to make the volume a manual 
 adapted for consultation and reference by the citizens 
 at large. With this end in view, the author has sought 
 to embody in the work that kind and so far as space 
 would allow, that amount of information on the 
 various topics which an intelligent citizen would de 
 sire to possess. 
 
 As the value of a work of this kind depends in large 
 measure upon its accuracy, it is proper to say that in 
 nearly every instance the statements touching the 
 legislation or other action of the government have 
 been taken from official publications. 
 
 A careful revision of the work has been made, incor 
 porating in it all important changes in the legislation 
 of the country, and giving the practical workings of 
 the Constitution to the present time. 
 
 MARIETTA COLLEGE, 
 August, 1878. 
 
CONTENTS. 
 
 CHAPTER I. 
 
 PAGE. 
 ClVIL GOVERNMENT ITS OBJECT, ORIGIN, AND NATURE 
 
 DIFFERENT FORMS OF GOVERNMENT PECULIARITY 
 OF THAT OF THE UNITED STATES NOT A CONSOLI 
 DATED REPUBLIC, NOR A LEAGUE OF STATES, . . 9 
 
 CHAPTER II. 
 
 THE COLONIAL GOVERNMENTS ROYAL, PROPRIETARY, AND 
 CHARTER THE CAUSES OF THE REVOLUTION THE 
 CONTINENTAL CONGRESS THE DECLARATION OF IN 
 DEPENDENCE, 24 
 
 CHAPTER III. 
 
 THE ARTICLES OF CONFEDERATION THEIR FAILURE THE 
 
 CONVENTION TO FORM A CONSTITUTION, . . , 36 
 
 CHAPTER IV. 
 
 THE CONSTITUTION OF THE UNITED STATES, .... 45 
 
Vlll CONTENTS. 
 
 CHAPTER V. 
 
 PAGE. 
 THE RATIFICATION OF THE CONSTITUTION BY THE SEVERAL 
 
 STATES, 283 
 
 CHAPTEE VI. 
 
 THE ADMISSION OF NEW STATES THE TERRITORIAL GOV 
 ERNMENTS, , . . 294 
 
 CHAPTEE VII. 
 
 PRACTICAL OPERATION OF THE CONSTITUTION, . . . 314 
 
 CHAPTEE VIII. 
 
 THE STATE GOVERNMENTS, 360 
 
 APPENDIX. . . . . . . 371 
 
CIVIL GOVERNMENT. 
 
 CHAPTE.K 
 
 CIVIL GOVERNMENT ITS OBJECT, ORIGIN, AND NATURE DIFFERENT FORMS 
 OF GOVERNMENT PECULIARITY OF THAT OF THE UNITED STATES NOT A 
 CONSOLIDATED REPUBLIC, NOR A LEAGUE OF STATES. 
 
 A KNOWLEDGE of the nature and operation of the gov 
 ernment under which we live is necessary for the suc 
 cessful prosecution of the business of life, and to secure 
 the happiness of ourselves and of those dependent upon 
 us. We can thus adapt ourselves to the circumstances 
 in which we are placed, and avoid those perplexities and 
 difficulties in which one ignorant of the laws and insti 
 tutions of his countrj 7 is liable to be involved. The fact 
 that a man is subject to a government is a sufficient rea 
 son for studying its character and workings, although he 
 may have no participation in its management. 
 
 In a republican government the importance of such 
 knowledge is still greater, because the people not only are 
 amenable to the laws, but also have a voice in electing 
 those who make and execute them. He who lives under 
 a despotism should acquaint himself with its character 
 and workings for his own protection; a citizen of a 
 republic should do the same, because he is to some extent 
 responsible for the government. 
 
 Until within the last few years, American^ ha v,e been 
 lamentably ignorant of their national government, both 
 
 (9) 
 
10 CIVIL GOVERNMENT. 
 
 as to its history and its operation. The war of the Rebel 
 lion, which could hardly have occurred had the whole 
 peoule understood the true relation of the States to the 
 national government, has had the effect to direct atten 
 tion to governmental questions. There is probably a 
 stronger desire for such knowledge now than at any 
 previous time, and a corresponding demand for the intro 
 duction of such studies into all our schools of higher 
 grade. 
 
 Two circumstanced facilitate the acquisition of a 
 competent knowledge of our government. First, our 
 national existence extends over a comparatively brief 
 period. About a hundred years only have passed since 
 we became an independent people, while most of the 
 civilized nations of the world have had a long and check 
 ered history. Second, our Constitution is a written 
 instrument, framed with the utmost care, and adopted 
 by the people after the most careful deliberation. No 
 other nation has a constitution that can compare with 
 it, either in its comprehensiveness and completeness of 
 subject, or in the precision of its language. 
 
 The object of civil government can not be better 
 expressed than in the words of our Constitution. It is 
 to "establish justice, insure domestic tranquillity, pro 
 vide for the common defense, promote the general wel 
 fare, and secure the blessings of liberty." These were 
 the express ends to secure which the people of the United 
 States ordained and established our national Constitu 
 tion. These are the ends which all governments, of 
 whatever form, are under obligation to seek. Civil gov 
 ernments are not established for the good of the rulers, 
 but for the good of the people. They are not for the 
 good of one or a few, at the expense of the others, but 
 for the good of all. 
 
 The general good could not be secured without gov 
 ernment. Civil government is thus a necessity. With 
 out it, justice could not be established, or domestic tran- 
 
OBJECT OF GOVERNMENT. 11 
 
 quillity insured, or the common defense provided for, or 
 the general welfare promoted, or the blessings of liberty 
 secured. Law is the guardian of liberty. Without law 
 there would be no liberty, but in its stead anarchy. One 
 object of civil government is to protect us in our rights. 
 It does this by restraining those who would interfere 
 with these rights. Civil government is thus rendered 
 necessary by the disposition of some to do wrong to oth 
 ers, and it can not be dispensed with so long as this dis 
 position to interfere with the rights of others continues. 
 
 But government is not merely repressive. Its neces 
 sity is not wholly owing to the fact that there are wicked 
 men in every community. Law and government are 
 essential for the good as well as for the bad. The " gen 
 eral welfare" is to be promoted, as well as the individual 
 to be protected in his rights. There are many things to 
 be done for the advancement of a nation, which could 
 not be done without that combination and cooperation 
 which are found only in governments. Science and art 
 are to be fostered, education is to be encouraged, civil 
 ization to be advanced. Government has thus more to 
 do than to restrain violence, to redress wrongs, and to 
 punish the transgressor. There is government in heaven 
 as well as on earth. 
 
 It is sometimes said, that government is a necessary 
 evil ; and that that government is best which governs 
 least. The tendency of such language is to excite dis 
 trust and aversion, whereas governments should be 
 respected, obeyed, and loved. A government founded 
 in justice and administered with wisdom is always a 
 good. Were government a necessary evil, it would 
 be impossible to account for the existence and strength 
 of patriotism. The love of country, which is stronger 
 than the love of kindred, or any other of the natu 
 ral affections, is itself a proof that by nature we 
 regard government as a good and not as an evil. There 
 may be abuses, but men look forward to the time when 
 
12 CIVIL GOVERNMENT. 
 
 these will be remedied, and the affairs of the country 
 administered with wisdom and justice. That is not the 
 best government which governs least, though, other 
 things being equal, that may be the best which makes 
 the least show of governing. A wise ruler, whether in 
 the family or the state, will never give needless promi 
 nence to the fact that he is a ruler, while an unwise 
 ruler is disposed to make a display of his authority. 
 In a good government, if the law is broken punishment 
 must follow; but the better the government, the less will 
 be the tendency to break the law, and therefore the less 
 the necessity of inflicting punishment. In a well-regu 
 lated school or family we see no manifestation of gov 
 ernment, and apparently no government is needed ; but 
 this apparent absence of government is itself a proof of 
 the excellent manner in which the government is 
 administered. 
 
 Society is the natural state of man. His whole 
 constitution shows that the intention of his Maker was 
 that he should live in society and under government. 
 History testifies that such has been the case from the 
 beginning. In every age and in every part of the earth, 
 men have lived together in families, tribes, nations. 
 They have been under some authority. Civil society is 
 thus a universal fact. It is not the result of any agree 
 ment among men, but is the natural working out of the 
 human constitution. We are born into the nation as 
 into the family. We do not make society, we find it 
 already existing. We are to obey the laws of the land 
 because they are the laws, just as the child is to obey 
 the law of the family. In neither case is any consent 
 asked. 
 
 When a "social compact" is spoken of in connec 
 tion with civil government, it is meant that there are 
 reciprocal duties resting upon the governed and upon 
 those who govern. Whoever enters upon any public 
 office, by the act of doing so agrees to perform faithfully 
 
ORIGIN OF GOVERNMENT. 13 
 
 its duties. And whoever becomes a citizen of any 
 nation, by becoming so makes an implied agreement 
 that he will be a good citizen. In this sense there may 
 be said to be, in an existing government, a compact 
 between the governed and those who govern, and a com 
 pact between each citizen and all the others. 
 
 But it is not correct to say that civil society derives 
 its authority through any such compact, for then the 
 power possessed by society would be limited to that 
 received from the individual men composing the society. 
 But the powers of government include those which 
 never belonged to the individual man, and therefore 
 could never have been conferred by him upon society. 
 Indeed, if there ever was a state of nature, as some have 
 supposed, prior to the existence of civil society, when 
 men lived without government, all possessing equal 
 rights, there could manifestly have been no right to 
 govern, since no one could have had authority over 
 another who was his equal. Men can not give what 
 they do not possess, and society could never obtain its 
 right to govern from the individual citizens, since they 
 never had such a right. 
 
 Suppose, however, that this idea of a state of nature 
 antecedent to civil society were fact and not fiction, and 
 that men lived without government, all possessing equal 
 rights; what is to be done with those who do not choose 
 to give up their rights ? Plainly, the majority could 
 have no authority to coerce a minority, and government 
 would be an impossibility. Nor could one generation 
 bind the one succeeding it; and each new-born citizen 
 would be rightfully independent of all governmental 
 control until his individual rights should be voluntarily 
 deposited in the common stock. 
 
 The authority of civil society is not, then, derived from 
 the individual citizens composing that society. They 
 surrender nothing; society receives nothing. The fal 
 lacy in the theory of the "social compact ? " considered as 
 
14 CIVIL GOVERNMENT. 
 
 an explanation of the origin of civil government, con 
 sists in confounding men as individuals with men as 
 constituting a community. 
 
 Wherever an independent community of men can be 
 found there is already civil society. There is no neces 
 sity for men to surrender a part of their rights in order 
 to form a basis for authority; the authority exists with 
 out any such surrender. In society, man has all the 
 rights which he could have in any state of nature; if 
 any such state of nature out of society can be conceived 
 of. As has been already said, society is the natural state 
 of man. Hence it is of divine origin. It is the inten 
 tion of our Creator that we should live in society and 
 under government, as it is that the race should be 
 grouped into families, and the child be subject to his 
 parents. "The powers that be are ordained of God." 
 " There is no power but of God." No individual man has 
 any divine right to be a king ; but civil government is of 
 divine origin. Whoever exercises legitimately any func 
 tion of the civil ruler, whether he be king or president, leg 
 islator or judge, is exercising an authority which is as 
 divine in its origin as is the authority of a parent over 
 his child. 
 
 Civil authority is of divine origin, and it is lodged 
 in the people. It is held by the nation as a whole, and 
 not by them as individuals. Society is not a congress 
 of sovereigns. The power of society does not come from 
 the individual members, but it belongs to the nation as 
 such. The nation receives it from God, as a parent re 
 ceives from God his right to govern his children. If we 
 suppose that civil society possesses no authority except 
 what has been imparted to it by the individual mem 
 bers, it follows, as we have already seen, that govern 
 ment can not be extended over those who have not 
 surrendered their share of sovereignty. In such a case, 
 majorities would have no right to control minorities. 
 The supposition that civil government rests upon indi- 
 
POLITICAL SOVEREIGNTY. 15 
 
 vidual sovereignty, would thus virtually destroy all 
 governmental authority. 
 
 It may be thought that the theory that the authority 
 is in the community the people as a whole would lead 
 to the other extreme of a social despotism. As, in the 
 other case, the rights claimed for the individual would 
 make government an impossibility, so, here, the rights 
 claimed for the people as a whole would destroy all the 
 rights of the individual citizen. But, although the sov 
 ereignty is in the people collectively, they have no right 
 to exercise any authority which God has not bestowed 
 upon them. The parent has no right to govern his 
 child except for the child s good ; neither has the nation 
 any right to do any thing which is not for the good of 
 the people. Each member of the community has inalien 
 able rights, with which society has no right to interfere. 
 It is not claimed that all rights come from the state; 
 many do, but some do not. They belong to man as man. 
 Humanly speaking, the sovereignty is in the nation 
 the people collectively. But this sovereignty is not 
 absolute; it must be exercised in subordination to a 
 higher sovereignty which recognizes the dignity and 
 worth of the human being. 
 
 A political community, independent of all others, 
 framing its own constitution, and enacting its own laws 
 without hinderance or question from any other com 
 munity in short, a body politic, with no political 
 superior, is a sovereign state or nation. 1 France and 
 England are sovereign nations; so is the United States. 
 The sovereignty is in the state, as distinct from the gov 
 ernment of the state. The people collectively constitute 
 
 1 The word state is used by writers on government to signify a sep 
 arate political community; it is synonymous with nation. In the 
 United States it is also applied to a member of the American Union. 
 In this volume, when used in the former sense, it will be written state; 
 when in the latter, State. 
 
16 CIVIL GOVERNMENT. 
 
 the state ; the body of men who for the time being are 
 invested by the state with civil authority, constitute the 
 government. The political society exists as a his 
 torical fact ; thus existing, it frames for itself a constitu 
 tion and adopts a government. The nation must exist 
 as a separate political community before it can give itself 
 a constitution. The constitution does not constitute the 
 nation, but only the government of the nation. A con 
 stitution is an organic law, and presupposes a body 
 politic possessing the authority to enact such a law. 
 The constitution thus made by a nation already existing, 
 prescribes the mode in which the nation determines that 
 its governmental affairs shall be managed. It is a kind 
 of letter of instructions to those who are to act as its 
 ministers in carrying on the government. It is the 
 organic law to which all other laws must be conformed. 
 The constitution is made by the nation for the guidance 
 of the government. The government can not change it, 
 but the nation can. 
 
 This distinction between the state, or nation, on 
 the one hand, and the government on the other, is of 
 great importance. The sovereignty is in the nation. 
 As sovereign, the nation may constitute the government 
 according to its own judgment, and give it such form as 
 it pleases. But the sovereignty is in the nation as such, 
 and not in the individual men composing it. The will 
 of the nation is expressed in the constitution, which is 
 the supreme law until the nation chooses to alter it; 
 and this alteration must be made in the mode which the 
 nation has itself prescribed in the same organic law. A 
 large majority of the people may disapprove of a clause 
 in the constitution, but their disapprobation passes for 
 nothing until the obnoxious clause is constitutionally 
 removed from the constitution. The same is true of the 
 laws of a country. They are supposed to be valid until 
 repealed. The constitution is made by the people, and 
 the laws by the government; but both are in force until 
 
NATURE OF GOVERNMENT. 17 
 
 changed or repealed by the power that enacted them. 
 The people as a whole do not make the laws, the govern 
 ment does not make the constitution. 
 
 Some writers distinguish between the constitution 
 of the nation and that of the government. Jameson 
 calls the first a constitution considered as an objective 
 fact. It is the "make-up of the commonwealth as a 
 polit.ical organism; that special adjustment of instru 
 mentalities, powers, and functions, by which its form 
 and operation are determined." The second is a con 
 stitution considered as an instrument of evidence. 1 Brown- 
 son says, " The constitution is two-fold ; the constitu 
 tion of the state or nation, and the constitution of the 
 government. The constitution of the government is, 
 or is held to be, the work of the nation itself; the 
 constitution of the state, or of the people of the state, 
 is, in its origin at least, providential, given by God 
 himself, operating through historical events or natural 
 causes. The one originates in law, the other in his 
 torical fact." 2 
 
 The constitution of the nation is unwritten. The 
 constitution of the government may be written or un 
 written. The constitution of the nation is its charac 
 ter what it is, at any epoch. The constitution of 
 the government is what the nation chooses to make 
 it. As the nation changes, its constitution changes 
 accordingly; and the nation should change its govern 
 mental constitution from time to time, to make it 
 correspond with the real constitution. The American 
 nation was in existence a number of years before it 
 formed a written governmental constitution. The present 
 constitution, which went into operation in 1789, has re 
 ceived slight modifications at different times, and will 
 continue to be modified in future years, as the character 
 
 Jameson s Constitutional Convention, p. 66. 
 2 Brownson s American Republic, p, 138. 
 C. G. 2. 
 
18 CIVIL GOVERNMENT. 
 
 of the nation itself is changed. We shall see, when 
 the mode of amending the Constitution comes to be 
 considered, that ample provision has been made against 
 hasty changes in that instrument. Indeed, there is 
 more reason to apprehend that needed changes will be 
 delayed too long, than that those which are unnecessary 
 will be introduced. 
 
 There are various forms of government, differing from 
 each other more or less widely. In a Monarchy, the 
 ruler is a single person. An Aristocracy is a form of 
 government in which the authority is held by a few. 
 In a Democracy, the power is exercised by the people 
 themselves. But most existing governments combine 
 two or more of these forms. 
 
 In a monarchy, the whole authority is not necessarily 
 in a single person. Most of the governments of Europe 
 are called monarchies; but in some of them the king 
 has less power than the President of the United States. 
 An absolute monarchy is a despotism. The monarch 
 governs according to his own will and caprice, and not 
 according to established laws. Such a government is 
 clearly illegitimate. It is a government of force. In 
 a limited monarchy, the king, prince, or emperor, or 
 whatever he may be called, though nominally the sov 
 ereign, wields a power more or less restricted. Great 
 Britain, and all the provinces subject to it, are called 
 Her Majesty s Dominions. The government is carried 
 on in the sovereign s name. The army and navy are 
 called Her Majesty s troops and ships. But at the 
 same time her real power is small. The laws are en 
 acted by Parliament, and they are administered by the 
 ministers, who are called Her Majesty s government. 
 Parliament is composed of two houses: the House of 
 Lords, which is hereditary, and the House of Commons, 
 which is elective. 
 
 A Republic is properly a commonwealth. The domain 
 belongs to the nation rather than to the king or the 
 
OI T R GOVERNMENT PECULIAR. 19 
 
 nobles. It is a government in which the authority is 
 exercised by the representatives of the people. It dif 
 fers from a Democracy in this, that in the latter the 
 power is exercised by the people themselves, while in 
 the former the people elect representatives to act for 
 them. A pure democracy can exist only in a small 
 territory, where all the people can meet and enact 
 laws. A republic may be democratic or aristocratic. 
 If suffrage is universal, if the rulers are elected by 
 the whole people, the government is a democratic re 
 public. In proportion as suffrage is restricted, and the 
 number of voters diminished, the government becomes 
 less democratic and more aristocratic. 
 
 Most existing governments are, to some extent, repub 
 lican, although at the same time monarchical. Louis 
 Napoleon, late emperor of the French, held his office 
 by election. The people of France made him emperor 
 by their votes. The monarchs of England rule by hered 
 itary right : the members of the House of Lords hold 
 their seats by virtue of their birth, but the members 
 of the House of Commons are elected. The govern 
 ment is thus at the same time monarchical, aristo 
 cratic, and republican ; but in its republican part, it 
 is more aristocratic than democratic, as a large part 
 of the people are deprived of the right of suffrage. 
 Macaulay calls the Roman emperors republican magis 
 trates named by the senate. 
 
 Our own government is peculiar. John Quincy 
 Adams speaks of it as "a complicated machine. It is 
 an anomaly in the history of the world. It is that 
 which distinguishes us from all other nations, ancient 
 and modern." Dr. Brownson says, " The American Con 
 stitution has no prototype in any prior constitution. 
 The American form of government can be classed 
 throughout with none of the forms of government de 
 scribed by Aristotle, or even by later authorities. Aris 
 totle knew only four forms of government : Monarchy, 
 
20 CIVIL GOVERNMENT. 
 
 Aristocracy, Democracy, and Mixed Governments. The 
 American form is none of these, nor any combination 
 of them. It is original, a new contribution to political 
 science, and seeks to attain the end of all wise and 
 just government by means unknown or forbidden to 
 the ancients, and which have been but imperfectly 
 comprehended even by American political writers them 
 selves." l 
 
 Our government is not a simple, or consolidated 
 republic, on the one hand, nor, on the other, is it a 
 league of States. Many seem to suppose that there is 
 no middle ground between these two; that the denial 
 of the one is equivalent to the affirmation of the other. 
 The American people constitute a nation, with a re 
 publican government. The nation has a Constitution 
 in which the character of the government is clearly 
 delineated. This Constitution is the supreme law of 
 the land. But the country is divided into divisions, 
 called States, each of which has a constitution. The 
 people of the whole nation have made the general 
 Constitution, while the people of each State have made 
 a constitution for that political division. The national 
 Constitution is operative throughout the whole domain; 
 it is binding on all the people. The constitution of a 
 State is confined in its operation to the State limits; be 
 yond them it has no force. But within the State, it is the 
 organic law, whose provisions, unless conflicting with 
 the national Constitution or the laws enacted under it, 
 must be carried out. Were the government a league 
 of States, there could be no supreme national govern 
 ment; were the nation a consolidated republic, there 
 could be no State constitutions. Unquestionably, the 
 American people are a single people, a nation, in the 
 same sense, and just as truly, as the people of France. 
 But at the same time the national Constitution every- 
 
 ^rownson s American Republic, p. 5. 
 
OUR GOVERNMENT PECULIAR. 21 
 
 where recognizes the existence of the States, with their 
 separate constitutions, and their various departments. 
 
 Were our government a simple republic, we should 
 have no laws except those enacted at Washington. In 
 that case, a county would bear to a State the same re 
 lation that a State does to the nation, as is some 
 times affirmed to be the case now. But the statement 
 is incorrect. A county can do nothing politically which 
 it is not authorized by the State to do. A State can 
 do any thing politically which does not contravene a 
 law or the Constitution of the nation. The people of 
 a county, as such, have no constitution, and have no 
 power to form one. The people of a State have a con 
 stitution, and may alter it at pleasure, provided its 
 provisions are in harmony with the national laws and 
 Constitution. The county originates nothing; all its 
 power comes to it from a political body above it. The 
 State originates every thing; its power coming directly 
 from the people themselves. 
 
 But although the States have constitutions, and de 
 rive their governmental authority from the people, this 
 does not make them sovereign states, or the general 
 government a mere confederacy. The American people 
 are one people, yet their government is not a consoli 
 dated one. They exist in States, yet their government 
 is not a confederated one. From the day when the 
 Declaration of American Independence was made, they 
 have existed as a nation, yet grouped into States. The 
 nation and the thirteen original States began their 
 existence together. Neither preceded, neither followed. 
 The American people "have not, as an independent 
 sovereign people, either established their union, or 
 distributed themselves into distinct and mutually in 
 dependent States. The union and the distribution, 
 the unity and the distinction, are both original in 
 their Constitution, and they were born United States, 
 as much and as truly so as the son of a citizen is 
 
22 CIVIL GOVERNMENT. 
 
 born a citizen, or as every one born at all is born a 
 member of society, the family, the tribe, or the nation. 
 The Union and the States were born together, are in 
 separable in their Constitution, have lived and grown 
 together; and no serious attempt till the late secession 
 movement has been made to separate them." 1 
 
 "Say the people of the United States are one peo 
 ple in all respects, and under a government which is 
 neither a consolidated nor a confederated government, 
 nor yet a mixture of the two, but one in which the 
 powers of government are divided between a general 
 government and particular governments, each emanat 
 ing from the same source, and you will have the 
 simple fact." 2 "Strictly speaking, the government is 
 one, and its powers only are divided and exercised by 
 two sets of agents or ministries." 3 To the same pur 
 pose Jameson : " And here I may remark that the 
 Constitution of the United States is a part of the con 
 stitution of each State, whether referred to in it or 
 not, and that the constitutions of all the States form 
 a part of the Constitution of the United States. An 
 aggregation of all these constitutional instruments 
 would be precisely the same in principle as a single 
 constitution, which, framed by the people of the Union, 
 should define the powers of the general government, 
 and then by specific provisions erect the separate gov 
 ernment of the States, with all their existing attribu 
 tions and limitations of power." 4 
 
 No other nation has such a distribution of the 
 powers of government. Foreigners almost universally 
 fail to comprehend it, and many of our own people 
 find it a perplexing subject. The general government 
 and the particular governments together constitute 
 the government of the United States. The former is 
 general, as its care extends to the whole Union ; the 
 
 1 Am. Eep., p. 222. 2 Id., p. 231. 3 Id., p. 250. 4 Const. Con., p. 87. 
 
THE SOVEREIGNTY IN THE WHOLE PEOPLE. 23 
 
 governments of the States are particular, as limited to 
 the local interests of the individual States. The two 
 in combination form the one supreme national govern 
 ment, or government of the United States. It is one 
 government, exercising its powers in two different 
 spheres. The authority comes from the same people, 
 the people of the United States, in whom is the whole 
 sovereignty. As stated above by Judge Jameson, the 
 general Constitution and the constitutions of the States 
 might be considered as one great instrument. There 
 are, first, those articles which are concerned with the 
 interests of the whole, and then, in succession, those 
 which relate to the particular and local interests of 
 the several States. Or we may say that the people of 
 each State have two constitutions; one local and par 
 ticular, the other general. The latter has been adopted 
 by them in conjunction with the people of the rest of 
 the nation; the former they have adopted by them 
 selves, yet taking care that none of its provisions are 
 in conflict with those of the general Constitution. The 
 local constitution is no more the constitution of a par 
 ticular State than the general Constitution is. The 
 people of New York by their ratification of the gen 
 eral Constitution, and the people of Ohio by their adop 
 tion of it at their entrance into the Union, have made 
 it their own as truly as those constitutions for the 
 adoption of which they alone voted. Every provision 
 of the Constitution of the United States is to be re 
 garded as expressing the will of the people of Ohio as 
 much as any provision of the constitution of that State. 
 There is, thus, no legitimate place for conflict between 
 the general government and the governments of the 
 States, because they have all been formed by the same 
 authority the people of the nation. It was never in 
 tended that these should be arrayed against each other 
 like political parties, or serve as "checks and balances," 
 after the example of some other governments. 
 
CHAPTER II. 
 
 THE COLONIAL GOVERNMENTS ROYAL, PROPRIETARY, AND CHARTER THe 
 CAUSES OF THE REVOLUTION THE CONTINENTAL CONGRESS THE DEC 
 LARATION OF INDEPENDENCE. 
 
 THE Colonies, which declared their independence of 
 Great Britain in 1776, and formed a new nation, known 
 from that time as The United States of America, were 
 thirteen in number, viz., Massachusetts, New Hampshire, 
 Connecticut, Rhode Island, New York, New Jersey, 
 Pennsylvania, Delaware, Maryland, Virginia, North 
 Carolina, South Carolina, and Georgia. These had been 
 settled at various times, from 1607, when the settlement 
 of Virginia was commenced at Jamestown, to 1732, when 
 the Colony of Georgia was established. They were not 
 all settled as so many distinct colonies, but various 
 changes had taken place among them. Thus, the 
 Colony of Massachusetts, as it existed at the beginning 
 of the War of the American Revolution, embraced what 
 constituted originally three distinct colonies; that of 
 Massachusetts, that of New Plymouth, and the Province 
 of Maine. The Colony of New Haven had been merged 
 in that of Connecticut. The Carolinas, on the other 
 hand, had been divided; and what was at first a single 
 colony, under the name of Carolina, was made two in 
 1732, and the divisions were called by the present names 
 of North Carolina and South Carolina. 
 
 All the lands were held by titles coming from the 
 British crown, which claimed the country by the right 
 of discovery. Near the close of the fifteenth century, 
 King Henry the Seventh had sent out John Cabot on a 
 voyage of exploration, who discovered the Islands of 
 
 (24) 
 
THE COLONIAL GOVERNMENTS. 25 
 
 Newfoundland and St. John, and sailed along the coast 
 from the fifty-sixth to the thirty-eighth degree of north 
 latitude. All this territory, in consequence, was claimed 
 to belong to Great Britain, and by that power grants 
 were made from time to time to companies and to indi 
 vidual proprietors. Under the charters and patents thus 
 granted, settlements were made and local governments 
 established. The colonies all acknowledged allegiance 
 to the mother country while they had no political con 
 nection with one another. 
 
 The colonial governments have been described by most 
 writers, following the division given by Blackstone, as 
 of three kinds; Provincial, Proprietary, and Charter. 
 The Provincial governments, which were often called 
 Royal, had a governor and council appointed by the 
 Crown, and a legislature whose upper house was the 
 council and whose lower was elected by the people. The 
 governor had a negative upon all the proceedings of the 
 legislature, and could also prorogue or dissolve them at 
 pleasure. Laws might be enacted not repugnant to the 
 laws of England, and subject to the ratification of the 
 Crown. The governor, with the advice and consent of 
 the council, could establish courts and appoint judges 
 and other officers. 
 
 In the Proprietary governments, the proprietors 
 appointed the governors, and it was under their author 
 ity that legislative assemblies were convened. While the 
 proprietors thus exercised those prerogatives which in 
 the Royal governments were exercised by the Crown, 
 the sovereignty of the mother country was, nevertheless, 
 to be strictly maintained. 
 
 In the Charter governments the people had much 
 more political power. Their relation to England was 
 more like that of the citizens of one of our States to the 
 nation, while that of the people in the Royal govern 
 ments was more like that of the people in one of our 
 Territories. The charter granted to Massachusetts by 
 C. G. ;}. 
 
26 CIVIL GOVERNMENT. 
 
 Charles the First gave power to elect annually a gov 
 ernor, deputy-governor, and eighteen assistants. -Four 
 " great and general courts" were to be held every year, 
 to consist of the governor or deputy-governor, the assist 
 ants, and the freemen. These courts were authorized 
 to appoint such officers as they should think proper, 
 and also to make such laws and ordinances as to them 
 should seem meet ; provided they were not contrary to 
 the laws of England. 1 
 
 Connecticut and Rhode Island formed governments for 
 themselves; the provisions of which were afterwards 
 secured to them in charters granted by Charles the Sec 
 ond, soon after his restoration to the throne. The peo 
 ple of these colonies, by the express words of their char 
 ters, were entitled to the privileges of natural-born sub 
 jects, and invested with all the powers of government, 
 legislative, executive, and judicial. The only limitation 
 to their legislative power was that their laws should not 
 be contrary to those of England. 2 
 
 "The king and parliament claimed the right to alter 
 and revoke these charters at pleasure ; but the colonists, 
 on the other hand, denied this right, and claimed 
 them to be solemn compacts between them and the 
 Crown, irrevocable unless forfeited by some act of the 
 grantees. This was a continual source of contention 
 between the parent country and the charter colonies, 
 and was one of the causes which finally produced a sep 
 aration between the two countries." 3 
 
 The people of these two colonies were indeed so well 
 satisfied with their charters, granted in 1662 and 1663, 
 that they continued to live under them long after they 
 had ceased to be colonies, and had become States of the 
 American Union. Connecticut did not form a State con 
 stitution till 1818, nor Rhode Island till 1842. 
 
 1 Pitkin s Pol. and Civ. Hist. U. S., I, p. 36. 
 2 Pitkin, I, p. 54. 3 Ibid, p. 55. 
 
THE COLONIAL GOVERNMENTS. 27 
 
 The colonies which had charter governments were, as 
 we have seen, Massachusetts, Rhode Island, and Con 
 necticut. 
 
 The Royal, or Provincial, governments were those of 
 New Hampshire, New York, Virginia, and Georgia; to 
 which were added New Jersey in 1702, and the Caro- 
 linas in 1729, all which had previously been under Pro 
 prietary governments. 
 
 The colonies that continued under Proprietary gov 
 ernments till the Revolution were Pennsylvania, Mary 
 land, and Delaware. 
 
 It has been seen that each of the colonies exercised 
 some of the powers of government, while none claimed 
 to be independent of England. In the Plymouth Col 
 ony, for the first twenty years, all the freemen met in 
 "general court" and participated in making laws. In 
 1639, a house of representatives was substituted for the 
 whole body of freemen. In Virginia, a general assem 
 bly, composed of representatives from the various planta 
 tions, was called in 1619. This was the first representa 
 tive legislature that ever sat in America. Eventually, 
 all the colonies elected one or both of the branches of 
 their provincial legislatures. 
 
 The first union among any of the colonies was formed 
 in 1643. It embraced Massachusetts, Plymouth, Con 
 necticut, and New Haven, under the name of "The 
 United Colonies of New England." Their object was to 
 defend themselves against the Indians, and also to resist 
 the claims and encroachments of the Dutch. 1 
 
 In June, 1754, commissioners from seven of the col 
 onies, viz., Massachusetts, New Hampshire, Rhode Island, 
 Connecticut, New York, Pennsylvania, and Maryland, 
 met in Albany at the request of the lords commissioners 
 for trade. The object was to form a treaty with some of 
 the Indian tribes, and to consider the best means of 
 
 1 Pitkin, I, p. 50. 
 
28 CIVIL GOVERNMENT. 
 
 defending America against France. With reference to 
 this end the British Secretary of State had suggested 
 that a plan of union among the colonies should be formed. 
 At this meeting, after the adoption of a resolution that a 
 union of the colonies was absolutely necessary for their 
 preservation, a committee was appointed, consisting of 
 one member from each colony, to report a plan of union. 
 One proposed by Dr. Franklin, who was a member of the 
 committee, was finally adopted by the Convention. 
 
 It provided for a general government of all the Ameri 
 can Colonies, to consist of a president-general to be 
 appointed by the Crown, and a grand council of dele 
 gates to be chosen every three years by the colonial 
 assemblies. The president and council were to regulate 
 all affairs with the Indians, to make new settlements on 
 lands purchased of the Indians, and govern such settle 
 ments, to raise soldiers, build forts, and equip vessels for 
 guarding the coast and protecting the trade. For these 
 purposes, they were to make laws and levy such duties 
 and taxes as they might deem just. The president was 
 to have a negative on all laws and acts of the council, 
 and to see that the laws were executed. 
 
 This plan was adopted by the Convention; all the dele 
 gates voting for it except those from Connecticut. But 
 it never went into operation, having failed to obtain the 
 approval either of the colonies or the mother country. 
 " It had the singular fate of being rejected in England, 
 because it left too much power in the hands of the colo 
 nists; and it was disapproved in America, because it 
 transferred too much power into the hands of the Crown." l 
 
 In 1765, a Congress of delegates was held at New 
 York. This was in consequence of the passage of the 
 Stnmp Act by the British Parliament in March of the 
 same year. That body had determined to raise a rev 
 enue from the colonies by taxation, although the colo- 
 
 Pitkin, I, p. 145; 
 
THE CAUSES OF THE REVOLUTION. 29 
 
 nists most vehemently protested against it. The passage 
 of the Stamp Act, which required all legal documents to 
 be on stamped paper furnished by the British govern 
 ment, excited universal alarm in the colonies. The 
 Colonial Assembly of Virginia, at a session held soon 
 after the news reached America, adopted resolutions of 
 the most decided character. These resolutions were 
 moved and supported by the celebrated Patrick Henry. 
 When, in the heat of debate, he exclaimed, " Caesar had 
 his Brutus, Charles I. his Cromwell, and George III." he 
 was interrupted by the Speaker and others with the cry 
 of "treason." Pausing a moment and fixing his eye on 
 the Speaker, he added "may profit by their example; 
 if this be treason, make the most of it." 
 
 Meanwhile Massachusetts had voted that it was desir 
 able that a Congress of delegates from all the colonies 
 should be held. Accordingly, Massachusetts, Rhode 
 Island, Connecticut, New York, New Jersey, Pennsyl 
 vania, Delaware, Maryland, and South Carolina elected 
 commissioners who met at New York, as stated above. 
 New Hampshire approved of the Congress, but from the 
 peculiar situation of the colony it was judged not pru 
 dent to send delegates. Virginia, North Carolina, and 
 Georgia were not represented, because the governors of 
 those colonies refused to call special assemblies for the 
 appointment of delegates. 
 
 " This was the first general meeting of the colonies 
 for the purpose of considering their rights and privi 
 leges, and obtaining a redress for the violation of them 
 on the part of the parent country." 1 They adopted a 
 declaration of rights and grievances, which asserted 
 the claim of the colonists to all the inherent rights 
 and liberties of subjects within the kingdom of Great 
 Britain ; " that it is inseparably essential to the free 
 dom of a people, and the undoubted right of Eng- 
 
 Pitkin, I, p. 180. 
 
30 CIVIL GOVERNMENT. 
 
 lishmen, that no taxes be imposed on them but with 
 their own consent, given personally or by their repre 
 sentatives." 1 
 
 The Stamp Act was subsequently repealed, but other 
 taxes and duties were imposed quite as obnoxious to 
 the colonies. Their efforts to obtain redress being un 
 successful, it became obvious that they must form a 
 closer union for their own protection. In 1774, Mas 
 sachusetts recommended the assembling of a Conti 
 nental Congress, to deliberate upon the state of public 
 affairs. 
 
 On the fifth of September, a Congress of delegates 
 from twelve colonies assembled at Philadelphia. Of 
 these, some were appointed by the popular branch of 
 the Colonial Assembly, while others were elected by 
 conventions of the people. Georgia, the youngest of 
 the colonies, was not represented. This is known as 
 "The First Continental Congress." "The Congress thus 
 assembled," says Judge Story, " exercised de facto and de 
 jure a sovereign authority; not as the delegated agents 
 of the governments de facto of the colonies, but in 
 virtue of original powers derived from the people." 
 
 Among the distinguished members of this Congress, 
 were John Adams and Samuel Adams of Massachusetts, 
 Roger Sherman of Connecticut, John Jay of New York, 
 Peyton Randolph, Richard H. Lee, Patrick Henry, and 
 George Washington of Virginia. Peyton Randolph was 
 chosen president. The first resolution adopted was, 
 "That in determining questions in this Congress each 
 colony or province shall have one vote; the Congress 
 not being possessed of, or at present able to procure, 
 proper materials for ascertaining the importance of 
 each colony." 2 This rule of equal suffrage established 
 because the Congress did not possess the information 
 requisite for establishing a more equitable one, re- 
 
 1 Story. 2 Jour. of Cont. Congress, I, p. 11. 
 
THE CONTINENTAL CONGRESS. 31 
 
 mained in force until the adoption of the present 
 Constitution, in 1789. 
 
 The addresses to the King, to the people of Great Brit 
 ain, to the inhabitants of the colonies they represented, 
 and to the inhabitants of the Province of Quebec, were 
 ail drawn up with great ability, and were spoken of 
 by Lord Chatham in terms of the highest admiration. 
 After recommending that another Congress should be 
 held on the tenth of May following, provided that a 
 redress of grievances was not previously obtained, this 
 Congress adjourned on the twenty-sixth of October. That 
 the measures adopted, if supported by the American peo 
 ple, would produce a redress of grievances, was the con 
 viction of a majority of the members of the Congress. 1 
 
 But in this they were disappointed. The breach be 
 tween England and the colonies became wider. Dele 
 gates were, therefore, appointed to meet in Phila 
 delphia, May 10th, 1775, agreeably to the recommen 
 dation of the Congress of 1774. Some of these were 
 chosen by conventions of the people, and some by the 
 colonial legislatures, as in the previous Congress. With 
 scarcely an exception, the delegates of 1774 were re- 
 appointed in 1775. As before, twelve colonies were 
 represented. A delegate also was present from a single 
 parish in Georgia, and in July a convention was held 
 in that colony, which voted to accede to the general 
 association, and appointed delegates to the Congress. 
 
 This Second Continental Congress continued its ses 
 sions, with occasional adjournments, till the adoption 
 of the present Constitution, in 1789. Before they as 
 sembled on the tenth of May, hostilities had been 
 commenced by the British troops under General Gage. 
 One of the first items of business brought before the 
 body was a letter from the provincial congress of 
 Massachusetts, giving an account of the battles of 
 
 1 Pitkin, I, p. 301. 
 
32 CIVIL GOVERNMENT. 
 
 Lexington and Concord, with the action of that colony 
 in relation thereto, arid requesting the direction and 
 assistance of the Congress. In this letter is the follow 
 ing suggestion: "With the greatest deference, we beg 
 leave to suggest, that a powerful army on the side of 
 America hath been considered by this Congress as the 
 only means left to stem the rapid progress of a tyranni 
 cal ministry." 1 The Congress at once resolved itself 
 into a committee of the whole, to take into consider 
 ation the state of America, and referred this letter from 
 Massachusetts to that committee. 
 
 Hostilities having already commenced, the necessities 
 of the case compelled this Continental Congress to take 
 measures to put the country into a state of defense, and 
 soon they assumed a virtual control over the military 
 operations of all the colonies. An army was organized, 
 and on the fifteenth of June, George Washington, a 
 delegate from Virginia, was unanimously elected gen 
 eral of all the forces. His commission styled him the 
 General and Commander-in-Chief of the Army of the 
 United Colonies. This was the first occasion on which 
 the style, "The United Colonies," was adopted; it con 
 tinued to be used till the Declaration of Independence 
 substituted the name, "The United States." 
 
 The action of Congress in providing for raising an 
 army and appointing a commander-in-chief was in ac 
 cordance with the general expectation of the colonies. 
 Congress thus assumed the defense of the country. 
 They created a continental currency by issuing bills 
 of credit. They established a treasury department, and 
 organized a general post-office, Dr. Benjamin Franklin 
 being the Postmaster-General. In answer to the appli 
 cations from various colonies for advice as to their local 
 governments, Congress recommended that such forms of 
 government be established as would best secure good 
 
 . Con., I, p. 77. 
 
INDEPENDENCE PROPOSED. 33 
 
 order during the continuance of the dispute between 
 Great Britain and the colonies. This advice mani 
 festly contemplated the establishment of provisional 
 governments only. This was in November and Decem 
 ber, 1775. 
 
 But the question of separation began to be discussed. 
 On the twenty-second of April, the convention of North 
 Carolina empowered their delegates in Congress "to 
 concur with those in the other colonies in declaring in 
 dependency. This, it is believed, was the first direct 
 public act of any colonial assembly or convention in 
 favor of the measure." * On May 15th, the convention 
 of Virginia went further, and unanimously instructed 
 their delegates in Congress "to propose to that respect 
 able body to declare the United Colonies free and inde 
 pendent States, absolved from all allegiance or depend 
 ence upon the crown or parliament of Great Britain." 
 In accordance with these instructions, Richard Henry 
 Lee, one of the delegates from Virginia, submitted a 
 resolution declaring " that the United Colonies are and 
 ought to be free and independent States; that they are 
 absolved from all allegiance to the British crown; and 
 that all political connection between them and the State 
 of Great Britain is, and ought to be. totally dissolved." 
 This was on the seventh of June. On the next day 
 it was debated in committee of the whole. 
 
 "No question of greater magnitude," says Mr. Pitkin, 
 "was ever presented to the deliberation of a deliber 
 ative body, or debated with more energy, eloquence, 
 and ability." 2 
 
 The resolution was discussed again in committee of 
 the whole on the tenth, and adopted. The committee 
 recommended that the farther consideration of the reso 
 lution be postponed till the first of July, but mean 
 while that a committee be appointed to draft a decla- 
 
 1 Pitkin, I, p. 360. 2 HM, I p. 362. 
 
34 CIVIL GOVERNMENT. 
 
 ration of independence. This committee consisted of 
 Thomas Jefferson of Virginia, John Adams of Massa 
 chusetts, Benjamin Franklin of Pennsylvania, Roger 
 Sherman of Connecticut, and R. R. Livingston of New 
 York. 
 
 The postponement was immediately followed by pro 
 ceedings in the colonies, most of which either in 
 structed or authorized their delegates in Congress to 
 vote for the resolution of independence; and on the 
 second day of July that resolution, which had before 
 been agreed to in committee of the whole, was adopted 
 by Congress itself. The committee who had been in 
 structed to prepare the declaration, had reported on the 
 twenty-eighth of June, and on the fourth day of July 
 that paper was adopted. 
 
 After citing reasons for the dissolution of the po 
 litical bands which had connected them with Great 
 Britain, the Declaration concludes : " We, therefore, the 
 Representatives of the UNITED STATES OF AMERICA, in 
 GENERAL CONGRESS assembled, appealing to the Supreme 
 Judge of the world for the rectitude of our intentions, 
 do, in the name, and by authority of the good people 
 of these colonies, solemnly publish and declare, that 
 these United Colonies are, and of right, ought to be, 
 FREE and INDEPENDENT STATES." 
 
 This was the beginning of the nation. Whether it 
 could maintain its independence, thus boldly declared, 
 was to be decided by the sword. Should the people 
 fail in the bloody struggle, they would never be known 
 as a nation upon the page of history. Should they 
 succeed, their national existence would date from the 
 fourth of July, 1776. 
 
 This Declaration of Independence was not the work 
 of States, for no States existed. It was the people of the 
 thirteen United Colonies who had through their repre 
 sentatives declared themselves absolved from their alle 
 giance, to Great Britain. The nation and the States 
 
INDEPENDENCE DECLARED. 35 
 
 were born on the same day. Hitherto, there had been 
 colonies and the mother country, to which all the 
 colonists acknowledged allegiance. Now, the sover 
 eignty was no longer in Great Britain, but in the 
 people themselves, who claimed to be a separate polit 
 ical communitjr; and the individual colonies had be 
 come States. From that day the nation itself, through 
 Congress, exercised all the functions of government. 
 There was a real government, though as yet no writ 
 ten constitution; and the relations of the States to the 
 general government were in substance the same as 
 they are now. 
 
CHAPTER III. 
 
 THE ARTICLES OP CONFEDERATION THEIR FAILURE THE CONVENTION TO 
 FORM A CONSTITUTION. 
 
 SOON after the Declaration of Independence was made, 
 a committee, previously appointed, reported a draft of 
 the Articles of Confederation. These were debated from 
 time to time, and, after several modifications, were finally 
 agreed to by Congress, November 15, 1777. They were 
 to become binding when ratified by all the States. Ten 
 States ratified them in July, 1778; New Jersey, Novem 
 ber 26, and Delaware, February 22, 1779. Maryland 
 withheld her approval till March 1st, 1781. 
 
 This was nearly five years after the Declaration of Inde 
 pendence. During this time, the war had been carried on 
 and all the affairs of the nation had been conducted, by 
 Congress. A treaty had been made between France and 
 the United States, which was concluded at Paris, Febru 
 ary 6th, 1778, and ratified by Congress May 4th of that 
 year. The surrender of Cornwallis, which virtually 
 closed the war, took place on the 17th of October, 1781, 
 about six months after the adoption of the Articles of 
 Confederation. The successful prosecution of the War 
 of the Revolution could not, then, have been owing to the 
 influence or efficacy of these Articles. On the contrary, 
 there is good reason to believe that, had these Articles 
 been adopted in 1776, the final result would have been 
 very different from what it was. 
 
 These Articles were as erroneous in theory as they 
 were inefficient in practice. The Declaration of Inde 
 pendence was made in the name of the people of the 
 
 (36) 
 
THE ARTICLES OF CONFEDERATION. 37 
 
 United States. The first sentence alludes to them as 
 :i one people" that had found it necessary to dissolve the 
 political bands which had connected them with another 
 people, and to assume among the powers of the earth 
 the separate and equal station to which they were 
 entitled. The Constitution speaks the same language: 
 " We, the People of the United States, do ordain and 
 establish this Constitution for the United States of 
 America." 
 
 But the Articles of Confederation do not purport to 
 come from the people. They were the work of the 
 States. The instrument is styled " Articles of Confed 
 eration and Perpetual Union between the States of New 
 Hampshire, Massachusetts Bay," etc. It was drawn up 
 and adopted by Congress, and sent to the States for rati 
 fication. Being thus the work of the States, and not of 
 the people, we are not surprised at the declaration in it, 
 that "each State retains its sovereignty, freedom, inde 
 pendence," etc. 
 
 The Articles contained much that was good, and some 
 things not good; and much was omitted which was 
 essential to a Constitution. It provided for one House 
 of Congress, to be composed of delegates appointed 
 annually by the several States, as each should direct, no 
 State to be represented by more than seven or less than 
 two, and no person being capable of serving as a delegate 
 more than three years in six. Each State was to pay its 
 own delegates, and could recall them at pleasure. The 
 voting was to be by States. 
 
 >, Congress was invested with power as to war and 
 peace, treaties and alliances. Congress could decide, on 
 appeal, disputes between States, could regulate the 
 alloy and value of money, had charge of all postal 
 matters, etc., etc. ; but no important action could be 
 taken without a vote of nine States two-thirds of the 
 whole. 
 
 No Executive Department was provided, and no 
 
38 CIVIL GOVERNMENT. 
 
 Judiciary. Taxes were to be apportioned among the 
 States, but Congress had no authority to levy them. 
 Commerce was in the control of the States. Each State 
 could lay duties and imposts. Congress had no power 
 to enforce its own measures. 
 
 " In the very modes of its operation there was a mon 
 strous defect, which distorted the whole system from 
 the true proportions and character of a government. 
 It gave to the Confederation the power of contracting 
 debts, and at the same time withheld the power of pay 
 ing them. It created a corporate body, formed by the 
 Union and known as the United States, and gave to it 
 the faculty of borrowing money and incurring other 
 obligations. It provided the mode in which its treas 
 ury should be supplied for the reimbursement of the 
 public credit. But over the sources of that supply., it 
 gave the government contracting the debt no power 
 whatever. Thirteen independent legislatures granted 
 or withheld the means which were to enable the Gen 
 eral ^Government to pay the debts which the general 
 Constitution had enabled it to contract, according to 
 their own convenience or their own views and feelings 
 as to the purposes for which those debts had been 
 incurred." 1 
 
 As each State paid its own delegates in Congress, 
 the smaller the number, the less the expense. Often 
 times a State would have no representative. The 
 Treaty of Peace, signed September 3d, 1783, could not be 
 ratified till January 14th, for want of representatives, 
 and then there were but twenty-three members present. 
 In April of that year there were present twenty-five 
 members from eleven States, nine being represented by 
 two each. Three members, therefore one-eighth of the 
 whole- could negative any important measure. 
 
 The Treaty of Peace was made by the United States 
 
 1 Curtis s History of the Constitution, I, p. 181. 
 
THE ARTICLES OF CONFEDERATION. 39 
 
 with Great Britain, but Congress could not enforce its 
 provisions. Various articles were constantly violated 
 by the States, and Congress could not prevent it. 
 Great Britain declared her readiness to carry the 
 treaty into effect when the United States would do 
 the same. 
 
 As the General Government could not carry out its 
 own treaties with foreign powers because of the re 
 fusal of the States, so it could not protect a State 
 against insurrection or rebellion. The outbreak in 
 Massachusetts in 1786, known as Shays s Insurrection, 
 which embraced a fifth of the inhabitants in several 
 of the most populous counties, caused great alarm 
 through the country. Armed men surrounded the court 
 houses, and finally the insurgents were embodied in 
 arms against the Government. The National Govern 
 ment was powerless to aid the State; the Articles 
 of Confederation gave Congress no authority in such 
 a case. 
 
 The weakness of the league of States was made abun 
 dantly manifest. It is not surprising that Washington 
 should write as he did to a member of Congress, "You 
 talk, my good sir, of employing influence to appease 
 the present tumults in Massachusetts. * * * Influence 
 is not government. Let us have a government by which 
 our lives, liberties, and properties will be secured, or 
 let us know the worst at once." l 
 
 The weakness of the Confederation, especially in its 
 relation to the revenue, had been early seen by Wash 
 ington. He saw "that to form a new constitution, 
 which would give consistency, stability, and dignity to 
 the Union, was the great problem of the time."* So, 
 too, Mr. Hamilton, without doubt the ablest statesman 
 of his age, was convinced before the Articles of Con 
 federation went into operation that they could never 
 
 Curtis, I, p. 274. 2 Ibid, p. 202. 
 
40 CIVIL GOVERNMENT. 
 
 answer the purposes of government. As early as 1780, 
 he sketched the outlines of a system of government 
 for the United States, embodying almost every feature 
 of our present Constitution. 1 
 
 In May, 1785, Governor Bowdoin of Massachusetts 
 suggested the appointment of special delegates from 
 the States to define the powers with which Congress 
 ought to be invested. A resolution was accordingly 
 passed by the legislature of Massachusetts, declaring 
 the Articles of Confederation inadequate, and calling a 
 convention of delegates from all the States. But the 
 matter was not brought before Congress by the mem 
 bers of that body from Massachusetts. 
 
 In January, 1786, the legislature of Virginia ap 
 pointed commissioners to meet with those from other 
 States to consider the subject of trade, with reference 
 to a uniform system of commercial regulations. The 
 meeting was held in September, at Annapolis, Mary 
 land. Only five States were represented; viz., New York, 
 New Jersey, Pennsylvania, Delaware, and Virginia; but 
 great results followed from the Convention. The com 
 mittee representing so few States did not enter upon 
 the proper business of the Convention, but prepared a 
 report, drawn up by Mr. Hamilton, expressing their 
 unanimous conviction that a general convention should 
 be called to devise such provisions as might render 
 "the Constitution of the Federal Government adequate 
 to the exigencies of the Union." 
 
 This report, though addressed to the States repre 
 sented, was also sent to Congress as well as to the 
 other States. That body, on the twenty-first of Febru 
 ary, 1787, adopted the following resolution : 
 
 11 Resolved, That, in the opinion of Congress, it is ex 
 pedient that, on the second Monday in May next, a 
 Convention of delegates, who shall have been appointed 
 
 1 Curtis, I, p. 204. 
 
THE CONVENTION OF 1787. 41 
 
 by the several States, be held at Philadelphia, for the 
 sole and express purpose of revising the Articles of 
 Confederation, and reporting to Congress and the several 
 legislatures, such alterations and provisions therein as 
 shall, when agreed to in Congress and confirmed by the 
 States, render the Federal Constitution adequate to the 
 exigencies of government, and the preservation of the 
 Union." 
 
 In accordance with this recommendation, all the 
 States but Rhode Island appointed delegates, and the 
 Convention assembled at Philadelphia, Monday, May 
 14th, 1787. The organization was not, however, ef 
 fected, for want of a quorum, till the twenty-fifth, 
 when George Washington was unanimously elected 
 President. 
 
 This Convention contained many very eminent men. 
 George Washington, Alexander Hamilton, James Mad 
 ison, Benjamin Franklin, Rufus King, Roger Sherman, 
 James Wilson, Gouverneur Morris, and Edmund Ran 
 dolph would have been distinguished in any assembly. 
 There were fifty-five members in all, most of whom 
 were illustrious for their character and public services. 
 Dr. Franklin had been a member of the Convention of 
 1754. Three had been present at the Congress of 1765. 
 Seven had been members of the First Continental 
 Congress. Eight were among the signers of the Dec 
 laration of Independence. Eighteen were at the same 
 time delegates to the Continental Congress; and of the 
 whole number there were only twelve who had not sat 
 at some time in that body. 1 
 
 If the Convention was composed of extraordinary 
 men, it had before it extraordinary work. They were 
 to form a complete system of republican government, 
 with no example for their guidance. This was their 
 real work, though this was not distinctly present 
 
 Hildreth, III, p. 483. 
 0. G. 4. 
 
42 CIVIL GOVERNMENT. 
 
 to all of them at first. Some were thinking only of 
 amending the Articles of Confederation; but Hamil 
 ton and Madison and others were prepared to enter 
 at once upon the construction of the organic law for 
 a supreme general government, without regard, either 
 in form or substance, to the existing Articles of Con 
 federation. 1 
 
 Soon after the organization of the Convention, Mr. 
 Randolph submitted a series of resolutions, embodying 
 his views of the government desirable to be established. 
 They were also the views of Mr. Madison. Mr. Pinck- 
 ney, of South Carolina, submitted, on the same day, a 
 draft of a Constitution. All these were referred to the 
 Committee of the Whole, and the discussion was com 
 menced. The first resolution adopted in Committee 
 of the Whole was the first of the series offered by Mr. 
 Randolph, somewhat modified. It was as follows : 
 "Resolved, That it is the opinion of this Committee 
 that a national government ought to be established, 
 consisting of a supreme Legislative, Judiciary, and 
 Executive." 
 
 On the thirteenth of June, the Committee reported 
 a series of resolutions to the Convention. On the fif 
 teenth, Mr. Patterson of New Jersey offered resolutions 
 expressing the views of those who favored amending 
 the Articles of Confederation, and opposed the forma 
 tion of a new Constitution. The whole subject was 
 then again referred to the Committee of the Whole, and 
 debated till the nineteenth, when the Committee report 
 ed adversely to Mr. Patterson s plan, and submitted the 
 resolutions formerly reported. These resolutions were 
 debated in the Convention from day to day, some great 
 questions, like that of suffrage in the Senate and 
 House of Representatives, being occasionally referred 
 to a special committee. On the twenty-third of July, 
 
 Towle s Analysis, p. 31. 
 
THE CONSTITUTION ADOFfED. 43 
 
 it was voted to appoint a Committee of Detail, to whom 
 should be referred the proceedings of the Convention, 
 except what related to a supreme executive, for the 
 purpose of reporting a Constitution embodying what 
 had been agreed upon. This Committee, appointed by 
 ballot the next day, consisted of Messrs. Rutledge of 
 South Carolina, Randolph of Virginia, Gorham of 
 Maine, Ellsworth of Connecticut, and Wilson of Penn 
 sylvania. The propositions of Mr. Patterson and of 
 Mr. Pinckney were also referred to this Committee. On 
 the twenty-sixth, after some instructions to the Com 
 mittee of Detail, the Convention adjourned to the sixth 
 of August. 
 
 This Committee reported at the time appointed, 
 and their draft was considered by the Convention till 
 the eighth of September, when a committee of five 
 was appointed to revise the style and arrange the 
 Articles. This Committee consisted of Messrs. John 
 son of Connecticut, Hamilton of New York, Morris 
 of Pennsylvania, Madison of Virginia, and King of 
 Massachusetts. On the twelfth, they reported the Con 
 stitution ; also a letter to Congress to accompany the 
 Constitution. 
 
 The discussions were continued until Saturday, the 
 fifteenth of September, when the Constitution, as 
 amended, was agreed to, all the States concurring. 1 
 It was then ordered to be engrossed, and on the 
 Monday following it was signed by the members, 
 after striking out 40,000 as the basis for representa 
 tion and inserting 30,000. The form of signature 
 was this : " Done in Convention, by the Unanimous 
 consent of the States present, the seventeenth day of 
 September, in the year of our Lord, 1787, and of the 
 Independence of the United States of America, the 
 twelfth." 
 
 1 The votes had been by States, as in the Continental Congress, 
 
44 CIVIL GOVERNMENT. 
 
 Two of the three New York delegates having left 
 the Convention, that State was technically not present, 
 though Alexander Hamilton s signature was attached. 
 Mr. Gerry of Massachusetts and Messrs. Randolph and 
 Mason of Virginia did not sign the Constitution, 
 though it was signed by a majority of the delegates 
 from each of those States. 
 
CHAPTER IV. 
 
 THE CONSTITUTION OF THE UNITED STATES. 
 
 We, the People of the United States, in order to form a 
 more perfect union, establish justice, insure domestic tran 
 quillity, 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. 
 
 This first sentence of the Constitution is often called a 
 " preamble." But that term was not applied to it by 
 those who framed the Constitution, and is not found in 
 the original manuscript. It is not a preamble, either in 
 form or substance, but is the enacting clause an inte 
 gral part of the Constitution itself. A preamble gives 
 reasons why a resolution should be adopted or an enact 
 ment made, but it is no part of the resolution or enact 
 ment. The enacting clause, on the contrary, is manda 
 tory. No other part of a statute is more important. 
 Such is the introductory sentence of the Constitution. 
 " We, the People of the United States," for certain pur 
 poses, "do ordain and establish this Constitution for the 
 United States of America." "The enacting clause is 
 perfectly authoritative in its source, the people; per 
 emptory in its action, ordain and establish; definite 
 and exact in its subject, this Constitution; and dis 
 tinct, broad, arid extensive in its purposes and ends, 
 embracing the liberty, safety, and welfare of the whole 
 Union, and all its people." 1 
 
 1 Farrar s Manual of the Constitution, p. 88. 
 
 (45) 
 
46 THE CONSTITUTION. 
 
 We have here (1) the authority We, the People of the 
 United States; (2) the ends for which the Constitution is 
 made, in six particulars; (3) the explicit ordaining of 
 this Constitution, including this introductory clause ; (4) 
 the nation for whom it is made, " the United States of 
 America." 
 
 The Constitution was ordained by the people of the 
 United States as a nation. The language presupposes 
 the unity, the nationality, and the sovereignty of the 
 people. The nation began to exist on the fourth of July, 
 1776. The people then cast off their allegiance to Great 
 Britain, and became a separate nation, possessing the 
 rightful sovereignty of the country. They became 
 united in a national corporate capacity, as one people, 
 and took for their national designation the name, the 
 "United States of America." From that day to the pres 
 ent, they have been known to the world by this name. 
 Wherever in the Constitution these words occur, or the 
 briefer form, the "United States," they signify the nation 
 as a whole ; wherever the word "States" occurs it signi 
 fies the States considered separately, or as distinguished 
 from the nation. 
 
 The purposes for which the Constitution was formed 
 are admirably stated : " 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." 
 
 The Congress of the Confederation called the Constitu 
 tional Convention for the purpose of forming "a firm 
 national government * * adequate to the exigencies 
 of government and the preservation of the Union." The 
 Union under the Confederation was imperfect and unsat 
 isfactory, and the framers of the Constitution determined 
 to submit to the people an instrument which should be 
 more efficient than the Articles of Confederation. It was 
 a union of the people of all parts of the countty, as con- 
 
THE CONSTITUTION. 47 
 
 stituting one nation, which they wished to secure, 
 instead of a mere league of States. Under the Articles of 
 Confederation, there was no distinct judicial depart 
 ment, as there was no executive, while the new Consti 
 tution provided for both. The domestic tranquillity had 
 been greatly interfered with because of the power given 
 to the individual States; the central government having 
 little more than the power to recommend. The national 
 government would insure this domestic tranquillity. 
 The words "common defense 1 and "general welfare" 
 were introduced near the close of the Convention, but 
 they met with no opposition. No language could be 
 more comprehensive than this, "to promote the general 
 welfare." 
 
 For these various purposes the people of the United 
 States ordain this Constitution for themselves. It is 
 the organic, fundamental law for the whole people of the 
 country whose corporate name is the United States of 
 America. The nation, as such, establishes this Consti 
 tution, making it sufficient for all the exigencies of gov 
 ernment. As the organic law of the nation, it is every 
 where supreme. Subordinate governments may continue 
 and new ones be established, but always in conformity 
 with this. 
 
 The Constitution contains seven articles, which are 
 subdivided into sections. In the original there are 
 no headings to the articles. Both articles and sections 
 are numbered. 
 
 Article 1st relates to the Legislative power. 
 
 Article 2d, to the Executive power. 
 
 Article 3d, to the Judicial power. 
 
 Article 4th, to various subjects. 
 
 Article 5th, to the mode of amending the Constitution. 
 
 Article 6th, to the validity of debts contracted before 
 the adoption of the Constitution, and to its supremacy. 
 
 Article 7th. to the mode of its ratification. 
 
 Besides these seven articles, fifteen amendments have 
 
48 THE CONSTITUTION. 1. 1. 1. 
 
 been made to the Constitution, which are as binding as 
 the original articles. 
 
 ARTICLE I. 
 THE LEGISLATIVE DEPARTMENT. 
 
 Sec. 1. All legislative powers herein granted shall be 
 vested in a Congress of the United States, which shall con 
 sist of a Senate and House of Representatives. 
 
 Under the Confederation, the whole governmental 
 authority was vested in Congress. There was no Execu 
 tive department, and no Judicial. The first resolution 
 adopted in the Constitutional Convention was, that a 
 national government ought to be formed, consisting of 
 supreme Legislative, Executive, and Judicial depart 
 ments. Most legislative bodies have two houses. This 
 is true of all the existing State governments, and was 
 true of all at the time the Constitution -was framed, 
 except Pennsylvania and Georgia, which had but one 
 each. The Continental Congress had but one house. 
 While there is a general distribution of powers among 
 the three great departments of the government, the 
 exercise of these powers is not absolutely exclusive. 
 We shall see that the President has a qualified veto on 
 legislation, and that the Senate sometimes acts as a 
 court, and sometimes transacts executive business. 
 
 Sec. 2, Clause 1. 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 requisite for electors of the most 
 numerous branch of the State legislature. 
 
 Under the Confederation, the members of Congress 
 were chosen annually, and as the legislature of each 
 State should direct. They could also be recalled. The 
 Constitution makes the term of service of the Repre 
 sentatives two years, and requires that the election shall 
 be by "the people." In England, a member of the 
 House of Commons is elected for seven years. 
 
1. II. 2. THE HOUSE OF REPRESENTATIVES. 49 
 
 Those who vote for Representatives to Congress must 
 have the qualifications requisite to enable them to vote 
 for members of the lower house of the State legislature, 
 but it is not clear by whom these qualifications are to 
 be prescribed. The common opinion has been that the 
 State prescribes them. The Constitution says simply 
 that the qualifications must be the same ; so that who 
 ever can vote for the State representative can vote for 
 the National one also, and vice versa. The Constitution 
 does say that Representatives to Congress shall be elected 
 by the people; thus virtually saying that the members of 
 the most numerous branch of the State legislature shall 
 also be elected by the people. 
 
 Clause 2. No person shall be a Representative who 
 shall not have attained to the age of twenty-jive 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. 
 
 The qualifications of a Representative relate to age, 
 citizenship, and inhabitancy; he must be twenty-five 
 years old, a citizen of the United States for seven years, 
 and an inhabitant of the State where he is elected. It 
 has been decided that the States can not prescribe addi 
 tional qualifications. 
 
 According to the Articles of Confederation, no person 
 could be a Representative in Congress more than three 
 years in six ; and each State prescribed the qualifications 
 of its own Representatives. In the British Parliament 
 the required age is twenty-one years ; and the same age 
 is required in the different States of our Union. The 
 Representative must have been a citizen of the United 
 States for seven years. The United States is spoken of 
 as one country, a nation. It would be nonsense to say a 
 Representative must have been seven years a citizen of 
 the thirteen States. Yet a United States Senator, in an 
 argument for secession, once said, on the floor of the Sen- 
 C. G. 5. 
 
50 THE CONSTITUTION. I. II. 3. 
 
 ate, that he pitied the stupidity of any one who supposed 
 there was or could be a citizen of the United States I 
 There was stupidity somewhere plainly enough, and 
 with the Constitution before us it is not difficult to see 
 where it belonged. 
 
 The Representative must be an inhabitant of the State 
 in which he is chosen, but not necessarily of the district. 
 In England, members of Parliament often represent 
 boroughs and cities other than those in which they live. 
 No such case has occurred in this country, however. 
 The Constitution does not require the Representative 
 to be a voter. If a State should como into the Union 
 through conquest or purchase, the inhabitants becom 
 ing citizens thereby, the seven years r citizenship would 
 not be insisted on. 
 
 Clause 3. Representatives and direct taxes shall be 
 apportioned among the several States which may be in 
 cluded 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 thei 
 shall by law direct. The number of Representatives shal 
 not exceed one for every thirty thousand, but each Statt 
 shall have at least one Representative; and until suc t 
 enumeration shall be made, the State of New Hampshire 
 shall be entitled to choose three; Massachusetts, eight; 
 Rhode Island and Providence Plantations, one; Connecti 
 cut, five ; New York, six; New Jersey, four; Pennsyl 
 vania, eight; Delaware, one; Maryland, six; Virginia, 
 ten; North Carolina, five; South Carolina, five; an< , 
 Georgia, three. 
 
1. II. 3. THE HOUSE OF REPRESENTATIVES. f>l 
 
 When the Continental Congress commenced its ses 
 sions, September 5th, 1774, the following resolution 
 was adopted : 
 
 "Resolved, That in determining questions in this Con 
 gress, each colony or province shall have one vote : the 
 Congress not being possessed of, or at present able to 
 procure, proper materials for ascertaining the impor 
 tance of each colony." 
 
 "As if foreseeing the time when population would 
 become of necessity the basis of congressional power, 
 they inserted, in the resolve determining that each 
 colony should have one vote, a caution that would 
 prevent its being drawn into precedent." 1 
 
 The Articles of Confederation followed the same 
 rule, and thus this method of voting prevailed till 
 the Constitution went into operation in 1789. When 
 the Convention decided to form two legislative bodies, 
 the question of voting came up. Some were in favor 
 of an equal representation by States in each branch, 
 while others favored a popular basis, and a propor 
 tionate representation in each House. In general, the 
 larger States wished the representation to be in pro 
 portion to the importance of the State, while the 
 smaller States favored an equality, as in the Conti 
 nental Congress. 
 
 It was first decided that in the House of Represent 
 atives suffrage should not be like that under the 
 Confederation, but according to some equitable ratio 
 of representation. The question then arose as to the 
 basis of that ratio. Should the different States send 
 Representatives in proportion to their population or 
 their wealth? And if according to population, who 
 were the people? Should the number of representa 
 tives be according to the number of voters, or as the 
 white population, or as the free population, or as the 
 
 1 Curtis, I, p. 17. 
 
52 THE CONSTITUTION. 1. II. 3. 
 
 whole? It was decided that the representation from 
 the States should be "according to their respective 
 numbers," that is, as the whole population, but that 
 only three-fifths of the slaves should be counted. 
 
 According to the Articles of Confederation, the votes 
 were by States each State, whether large or small, 
 having one vote. But the quotas for the support of 
 the General Government were as the values of real 
 estate in the several States. In 1783, a proposition 
 was made to alter that provision so that each State 
 should pay "in proportion to the whole number of free 
 inhabitants, and three-fifths of the number of all other 
 inhabitants of every sex and condition, except Indians 
 not paying taxes in any State." 1 The Convention fol 
 lowed, both as to representation and direct taxes, the 
 rule approved by the majority of the Continental Con 
 gress in 1783 for the payment of taxes, and this was 
 the origin of the three-fifths rule. 
 
 The adoption of this rule was favorable to the Slave 
 States as it increased the number of their Represent 
 atives; it was unfavorable as it increased their pro 
 portion of direct taxes. The advantage was greater 
 than the disadvantage, however, as they enjoyed the 
 increased number of Representatives continually, while 
 direct taxes have been levied but five times since the 
 adoption of the Constitution. 
 
 Slavery having been abolished in 1865, by an amend 
 ment to the Constitution, all the colored population 
 must be counted in determining the number of Repre 
 sentatives from a State. If this class of the popula 
 tion could not vote, the Southern States would have 
 nearly twice as many Representatives, in proportion 
 to the number of voters ; as the Northern States. Thus, 
 by the census of 1860, Pennsylvania had 2.893,2(, ! 6 
 white inhabitants, and twenty-four Representatives. 
 
 Jour. Cont. Congress, VIII, p. 123. 
 
1. II. 3. THE HOUSE OF REPRESENTATIVES. 53 
 
 North Carolina, South Carolina, Georgia, Alabama, 
 Florida, Mississippi, and Louisiana had 2,829,785 white 
 inhabitants, and thirty-nine Representatives. If the 
 white inhabitants and three-fifths of the blacks gave 
 them thirty-nine Representatives, these States would 
 have fifty Representatives, counting all the blacks; 
 that is, with a less voting population than Pennsyl 
 vania they would have more than twice as many 
 Representatives. To remedy this inequality, the Four 
 teenth Amendment provides that if the right to vote 
 is denied to any class of citizens, the basis of repre 
 sentation shall be reduced in proportion. 
 
 The basis of representation was reported at forty 
 thousand by the Committee, and so remained till the 
 last day of the Convention, when it was changed to 
 thirty thousand, General Washington himself advoca 
 ting the change. This is said to have been the only 
 occasion on which he entered into the discussions of 
 the Convention. 
 
 A question arose early in Washington s administra 
 tion as to the construction of this clause. Should the 
 number of Representatives be determined by dividing 
 the whole population of the United States by the num 
 ber taken as the basis of representation, or by divid 
 ing the population of the respective States by that number, 
 and taking the sum of the quotients. The former 
 method would give the largest number of Representa 
 tives, and was adopted by Congress in the bill first 
 passed. But the bill was returned by President Wash 
 ington, as conflicting with the language of the Con 
 stitution. Congress yielded to the judgment of the 
 President ; and the method then adopted, of dividing 
 the population of each State by the basis of represen 
 tation, continued till 1842, when an act of Congress 
 provided that there should be one Representative for 
 every 70,680, and for a fraction greater than one-half 
 of this number. By act of May 23d, 1850, it was pro- 
 
54 THE CONSTITUTION. 1. II. 3. 
 
 vided that the whole population of the United States 
 should be divided by the number 233, and the quotient 
 be the ratio. With this ratio the population of each 
 State is divided, the quotient being the number of its 
 Representatives. The number of Representatives nec 
 essary to make 233 are given to the States having the 
 largest fractions. 
 
 The first enumeration of the people was made in 
 1790, the second in 1800, and so on. After the census 
 returns have been made, Congress provides by law for 
 the representation, to take effect March 4th of the 
 third year after. The Constitution provided for 65 
 members for the First Congress. In March, 1793, there 
 were 105; in 1803, 141; in 1813, 181; in 1823, 212; 
 in 1833, 240; in 1843, 223. In 1850, as stated above, 
 the number was fixed at 233, and the Secretary of the 
 Interior was directed to ascertain the number to which 
 each State was entitled, and make certificate of the 
 same to the Governors. In all the cases previous to 
 this time the specific number for each State had been 
 given in the act of Congress. Before an election had 
 been held under the act of 1850, Congress changed the 
 number from 233 to 234, to remain till the next appor 
 tionment. The additional one was given to California. 
 In 1862 the number for the next ten years was fixed at 
 241, the eight additional ones (to 233) being appor 
 tioned to Pennsylvania, Ohio, Kentucky, Illinois, Iowa, 
 Minnesota, Vermont, and Rhode Island. 
 
 The number of Representatives for the different 
 decades, and the number of inhabitants for a Represent 
 ative are as follows : 
 
 Period. No. of Members. Katio of Population. 
 
 1789-1793 65 
 
 1793-1803 105 33,000 
 
 1803-1813 141 33,000 
 
 1813-1823 181 35,000 
 
 1823-1833 212 40,000 
 
 1833-1843 240 47,700 
 
1. II. 4. THE HOUSE OF REPRESENTATIVES. 55 
 
 Period. No. of Members. Ratio of Population. 
 
 1843-1853 223 70,680 
 
 1853-1863 234 1:3,500 
 
 1863-1873 241 127, ( -)41 
 
 1873-1883 292 130,533 
 
 The actual number of Representatives has usually been 
 greater than that here given, owing to the admission of 
 new States. Thus the Forty-second Congress (1871- 
 1873) had 243, instead of 241; Nevada having been 
 admitted in 1864, and Nebraska in 1867. 
 
 Each organized Territory is allowed by law to send one 
 delegate to Congress, who may participate in the discus 
 sions, but can not vote. In the Forty-second Congress 
 there were nine delegates from the Territories, and one 
 from the District of Columbia. 
 
 Clause 4. When vacancies happen in the representation 
 from any State, the executive authority thereof shall issue 
 writs of election to fill such vacancies. 
 
 Vacancies may be created by death, resignation, re 
 moval, or accepting incompatible offices. All these cases 
 have occurred. The person thus elected to fill a vacancy 
 serves only the remainder of the term. 
 
 Clause 5. The House of Representatives shall clioose 
 their Speaker and other officers, and shall have tlie sole 
 power of impeachment. 
 
 The Speaker is the presiding officer of the House. 
 The presiding officer of the Continental Congress was 
 styled President. Where a legislature is composed of two 
 houses, the presiding officer of the upper house is usually 
 called President, and of the lower house. Speaker. The 
 British House of Commons choose their Speaker, but the 
 approbation of the Crown is necessary. 
 
 The other officers of the House of Representatives are 
 a Clerk, Sergeant-at-Arms, Door-keeper, Postmaster, and 
 Chaplain. 
 
 The office of Clerk is one of great importance, and is 
 usually filled by an ex-member of Congress. The Clerk 
 
56 THE CONSTITUTION. 1. III. 1. 
 
 presides at the organization of the subsequent Congress. 
 The Congress that convened December 3d, 1855, did not 
 succeed in electing a Speaker till the second of February, 
 1856, having balloted 133 times. Mr. N. P. Banks was 
 the successful candidate. In the case of the Thirty-sixth 
 Congress, in the winter of 1859-60, there was a delay 
 nearly as long. Mr. William Pennington was elected. 
 A list of the Speakers will be found in Chapter VII. 
 
 The Constitution gives to the House of Representa 
 tives the sole power of impeachment, and to the Senate 
 the sole power to try the party impeached. As a citizen 
 can not be tried before a court until he lias been indicted 
 by a grand jury, so an officer of the Government can not 
 be tried by the Senate until articles of impeachment 
 liave been brought against him by the House of Repre 
 sentatives. 
 
 The method of proceeding, so far as the House is con 
 cerned, is this: 
 
 A committee is appointed to inquire into the conduct 
 of the officer supposed to have been guilty of acts requir 
 ing impeachment. If they report in favor of impeach 
 ment, the question is acted on by the House. Should the 
 House determine on impeachment, articles are prepared, 
 embodying the charges, on each of which action is taken. 
 A committee is then appointed to prosecute the impeach 
 ment before the Senate. The method of trial and a list 
 of the persons impeached will be given in a subsequent 
 part of the work. 
 
 Sec. 3, Clause I. 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. 
 
 In the Convention that framed the Constitution there 
 was great difference of opinion as to the mode of electing 
 Senators, as to their term of service, and as to the rule 
 of suffrage. Some were in favor of a nomination by the 
 State legislatures and an election by the United States 
 
1. III. 1. THE SENATE. 57 
 
 House of Representatives; others would have the Presi 
 dent appoint from those nominated by the State legisla 
 tures; others would have them chosen by the House of 
 Representatives; and others still proposed an election by 
 the people. 
 
 As to the term of office, some advocated a life tenure, 
 or during good behavior; some, a term of nine years; 
 others, seven; others, six; and others, four. 
 
 The question of voting was the most difficult. As 
 in the Continental Congress the States were on an 
 equality as to their votes, the smaller States wished 
 the same rule to hold under the Constitution; while 
 the larger States claimed that an equality of votes in 
 either House would be unjust. The smaller States fin 
 ally conceded that in the House of Representatives 
 the number of members should be in proportion to 
 population; but they insisted that in the Senate the 
 States should be equal. But the larger States were 
 tenacious as to the Senate as well as to the House; 
 and the Committee of the Whole reported, "That the 
 right of suffrage in the second branch of the national 
 legislature ought to be according to the rule estab 
 lished for the first." This report was adopted by the 
 Convention ; but the matter was subsequently re 
 ferred to a committee of one from each State, who 
 reported the rule as it now stands. The final vote 
 was: Affirmative Connecticut, New Jersey, Delaware, 
 Maryland, North Carolina 5 ; Negative Pennsyl 
 vania, Virginia, South Carolina, Georgia 4. Massa 
 chusetts divided. " So that this greatest and most dif 
 ficult of all the important questions which the Con 
 vention was called upon to solve, was carried by less 
 than a majority of the States present, and by the 
 concurrence of less than one-third of the represented 
 population." 1 
 
 Towle, p. 69. 
 
58 THE CONSTITUTION. 1. III. 1. 
 
 Mr. Madison strongly opposed the principle finally 
 adopted. In his letter to Mr. Sparks, he said the 
 Gordian knot of the Convention was the question be 
 tween the larger and smaller States as to the rule of 
 voting in the Senate; the latter claiming, the former 
 opposing, the rule of equality. 1 
 
 By the Articles of Confederation each State might 
 send not more than seven delegates to Congress, nor 
 less than two. They were elected annually, but no 
 one could sit more than three years in six. The 
 States could recall their delegates at any time. Un 
 der the Constitution, we see that each State can send 
 two Senators, and as many Representatives as her 
 population entitles her to; that there is nothing to 
 prevent a Senator or Representative from being re 
 turned as, often as his constituents desire; and that, 
 when a Senator or Representative has been elected, 
 the State has no power to recall him. 2 
 
 Though all the States have the same number of 
 Senators, and each Senator has one vote, this is not 
 the same as voting by States, as was done in the Con 
 tinental Congress. If both the Senators of a State are 
 present, and vote on opposite sides of a question, their 
 votes neutralize each other, as under the Confedera 
 tion. But if only one of two delegates from a State 
 was present in the Continental Congress, his vote 
 could not be counted; under the present Constitution 
 the vote of one is counted whether his colleague is 
 present or not. 
 
 The Constitution does not prescribe the precise 
 method in which the legislature of a State shall 
 choose the Senators, whether by joint ballot or by 
 
 Elliot, I, p. 508. 
 
 2 Thomas H. Benton was thirty years a Senator from Missouri. 
 Charl a S. miner and Henry Wilson were elected four times each 
 -oni M-assnohnaetts. 
 
I. III. 2. THE SENATE. 59 
 
 concurrent resolution. It is not properly an act of 
 legislation, and the Governor of a State has no par 
 ticipation in it, as, in some States, he has in ordinary 
 legislation. 1 
 
 On the 25th of July, 1866, Congress passed an " Act 
 to regulate the times and manner of holding elections 
 for Senators in Congress." It provides, that the legis 
 lature of each State, which shall be chosen next pre 
 ceding the expiration of the time for which any Sen 
 ator was elected, shall, on the second Tuesday after 
 the meeting and organization thereof, proceed to elect 
 a Senator as follows : 
 
 Each House shall name a person for Senator by a 
 viva voce vote; the next day at noon the two Houses 
 shall meet in joint assembly, and if the same person 
 shall have received a majority of all the votes in each 
 House he shall be declared duly elected. 
 
 If no person has received such majorities, the joint 
 assembly shall choose by a viva voce vote ; and whoever 
 shall receive a majority of all the votes cast, a ma 
 jority of each House being present, shall be declared 
 elected. 
 
 If no person is elected the first day, the joint assem 
 bly shall convene each day at twelve o clock and take 
 at least one vote each day during the session, or until 
 a Senator is elected. 
 
 If a vacancy exists when the legislature convenes, 
 the same steps shall be taken ; and if a vacancy occurs 
 during the session of the legislature, they shall proceed 
 to elect on the second Tuesday after they have had 
 notice of the vacancy. 
 
 Clause 2. Immediately after they shall be assembled in 
 consequence of the first election, they shall be divided as 
 
 New York had no Senators for the first few months of the First 
 Congress, because of disagreement between the two branches of 
 the legislature, For the same reasons she had no Electors. 
 
60 THE CONSTITUTION. 1. III. 2. 
 
 equally as may be into three classes. The seats of the Sen 
 ators 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 Execu 
 tive thereof may make temporary appointments until the next 
 meeting of the legislature, which shall then fill such vacancies. 
 
 When the Senate convened, March 4th, 1789, there were 
 twenty Senators present : Rhode Island and North Caro 
 lina had not yet ratified the Constitution, and New York 
 had not elected her Senators. These twenty were divided 
 by lot among the three classes, making seven of the first, 
 seven of the second, and six of the third. When the two 
 Senators from New York took their seats, July 26th, one 
 was placed in the third class, and the other in the first, 
 making eight of the first class, and seven of each of the 
 others. The North Carolina Senators, who came in 
 November 27th, fell into the second and third classes. 
 The classes had now eight each in them. Thus the 
 Senators of each new State have been placed in different 
 classes, that their terms might not expire at the same 
 time : and the classes have been kept substantially equal, 
 so that the terms of one-third of the Senators may expire 
 every second year. 
 
 If a Senator from a new State is placed in the third 
 class, we are not to infer that his term will be six years. 
 As the Constitution went into operation in 1789, the 
 terms of the Senators of the first class would expire in 
 1791. The terms of their successors would expire in 
 1797, 1803, 1809, and so on. The terms of the Senators 
 of the second class would expire in 1793, 1799, 1805, etc.; 
 and those of the third class in 1795, 1801, 1807, etc. The 
 Senators from Ohio took their seats in 1803. One of 
 them was placed in the first class, and the other in the 
 
1. III. 2. THE SENATE. 61 
 
 third. As terms of Senators of the first class expire in 
 1809, 1815, etc., the one in the first class would remain 
 in office six years, while the one in the third class 
 would remain but four, the terms of the third class ex 
 piring in 1807. 
 
 The Senate is a permanent body, while the House of 
 Representatives is changed every two years. As the 
 Constitution went into operation on the fourth of March, 
 1789, the term of office of every Senator, as well as Repre 
 sentative, ends on the fourth of March of a year de 
 noted by an odd number. A Congress is measured by 
 the term of office of the Representatives; the first ex 
 tending from the fourth of March, 1789, to the fourth 
 of March, 1791. The Forty-fourth Congress began 
 March 4th, 1875, and ended March 4th, 1877. 
 
 When a vacancy is temporarily filled by executive 
 appointment, the Senator thus appointed holds his office 
 till the close of the next succeeding term of his State 
 legislature. 1 
 
 The legislature of a State sometimes adopt resolutions 
 in which their Representatives in Congress are " re 
 quested," and their Senators " instructed," to vote for 
 certain measures ; thereby implying that the legislature 
 have the right to " instruct" their Senators, while they 
 have not the right in regard to their Representatives. 
 But there is no right of instruction in either case. The 
 Constitution prescribes the mode of election for the Sen 
 ator and for the Representative; one is elected by the 
 legislature, and the other by the people of his district. 
 The mode is immaterial ; it is but a mode. Once elected, 
 the Senator, as well as the Representative, must be 
 guided by his own enlightened judgment, and can not 
 be instructed by those who elected him. Neither is the 
 Senator or Representative to consult exclusively the 
 interests of his own State or district. He is a member 
 
 Towle, p. 72. 
 
62 THE CONSTITUTION. 1. III. 3. 
 
 of a body which legislates for the nation. He is to con 
 sult the interests of the whole people, and not merely 
 those of a section. 
 
 Clause 3. Ab person shall be a Senator who shall not 
 hare 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. 
 
 A Representative must be twenty-five years of age; a 
 Senator, thirty: a Representative must have been a citi 
 zen seven years; a Senator, nine. The condition as to 
 residence is the same for both. 
 
 The age required in a Roman Senator was thirty years. 
 In Rome, majority was not attained till the age of 
 twenty-five : the same is true in France and Holland. 1 
 
 Two cases have occurred of elections to the Senate 
 without the requisite number of years of citizenship. 
 Albert Gallatin was elected from Pennsylvania in 1793: 
 his seat was vacated by resolution of the Senate. James 
 Shields was elected from Illinois in January, 1849; his 
 saat was vacated also, but he was re-elected in October 
 of the same year, his disability having been by that 
 time removed. 
 
 There is nothing to prevent a Senator s changing 
 his residence to another State after his election. He 
 is not the representative of a particular State. 
 
 Clause 4. The Vice -President of the United States 
 shall be President of the Senate, but shall have no cote, 
 unless they be equally divided. 
 
 The Convention that formed the Constitution did not 
 at first contemplate such an officer as Vice-President. 
 The Senators wera to elect their own presiding officer, 
 who was to become President of the United States in 
 case of the death, resignation, or removal of that officer. 
 
 1 Story. 
 
1. III. 5. THE SENATE. 68 
 
 But as the mode of electing a President, which was 
 adopted by the Convention, required two persons to 
 be voted for at the same time, the one receiving the 
 highest number of votes to be President, this provision 
 for a Vice-President was made near the close of the 
 session. The Lieutenant-Governor of a State is usually 
 the presiding officer of the State Senate. 
 
 The casting vote of the V ice-President can be of effi 
 cacy only when in favor of a measure. If he had no 
 vote, no measure could be carried upon which the 
 Senate were equally divided. As it is, he has helped 
 to carry some measures of great importance. By a rule 
 of the Senate, adopted in 1828, " every question of order 
 shall be decided by the president without debate, sub 
 ject to appeal to the Senate." 
 
 In the British House of Lords, the Lord Chancellor, 
 or some other person appointed by the Crown, presides. 
 If no person is appointed, the Lords elect. 
 
 Clause 5. 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 officers of the Senate are a Secretary, Chief 
 Clerk, Executive Clerk, Sergeant-at-Arms, Door-keeper, 
 and Chaplain. 
 
 The President pro tempore seems not to be appointed 
 permanently, except on the death of the Vice-President, 
 or on his becoming President. Thus on the twenty- 
 third of March, 1869, Mr. Anthony of Rhode Island 
 was chosen President pro tempore, Vice-President Col fax 
 having given notice that he should be absent for a few 
 days. On the twenty-ninth of March the Vice-Presi 
 dent resumed the chair. On the ninth of April Mr. 
 Anthony was elected again, the Vice-President being 
 absent. It is customary thus to continue to elect the 
 
64 THE CONSTITUTION. 1. III. 6. 
 
 same gentleman. Mr. Ferry was President pro tempore 
 when Vice-President Wilson died in 1875. 
 
 When the Vice-President becomes President of the 
 United States, the President pro tempore receives the 
 salary of the Vice-President. The President pro tempore 
 is not restricted to a casting vote; he has his vote as 
 Senator. 
 
 Clause 6. 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. 
 
 The Senate, whose principal functions are legislative, 
 is here clothed with judicial powers. All those who 
 are impeached by the House of Representatives must 
 be tried by the Senate. 
 
 In Great Britain, the power of impeachment is with 
 the Commons, and the power of trial with the Lords; 
 but the Lords do not take a special oath, and a ma 
 jority is sufficient to convict. Our method is thus more 
 favorable to the party under trial than the British. 
 
 When the President is tried, the Chief Justice presides, 
 because the Vice-President is interested in the result of 
 the trial. If the President is convicted, the Vice-Presi 
 dent succeeds to the office. When Andrew Johnson was 
 tried in 1868, Chief Justice Chase presided. If Mr. John 
 son had been convicted, the President pro tempore would, 
 by the law of March 1st, 1792, have succeeded to the Presi 
 dency; on that account it was claimed that he ought not 
 to participate in the trial. His own view of his right 
 and his duty differed from this, however, and he voted 
 on the case as other Senators. 
 
 As the Constitution provides (Art. II, Sec. 1, Clause 6) 
 that, in case of the inability of the President to dis 
 charge the duties of his office, Congress may declare 
 
1. III. 7. IMPEACHMENT. 65 
 
 what officer shall act as President till the disability be 
 removed, it has been claimed that Congress might 
 make a trial under impeachment such a disability, and 
 provide that during the trial the President should not 
 exercise the office. No such law has been enacted, and 
 President Johnson continued to discharge his official 
 duties from the twenty-fourth of February, when the 
 House of Representatives voted to impeach him, to the 
 twenty-sixth of May, when the final vote was taken. 
 
 There have been seven cases of impeachment: Wil 
 liam Blount, Senator from Tennessee, in 1798; John 
 Pickering, District Judge of New Hampshire, in 1803; 
 Samuel Chase, Associate Justice of the Supreme Court, 
 in 1804; James H. Peck, District Judge of Missouri, in 
 1830; West H. Humphries, District Judge of Tennes 
 see, in 1862; Andrew Johnson, President, in 1868; and 
 W. W. Belknap, Secretary of War, in 1876. Judges 
 Pickering and Humphries only were convicted. 
 
 Clause 7. Judgment in cases of impeachment shall not 
 extend further than to removal from office, and disqualifica 
 tion 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, judg 
 ment, and jmnishment, according to law. 
 
 In England, there is no such limitation in the pun 
 ishment. The person convicted may be fined, or im 
 prisoned, or banished, or put to death. But in our 
 country, the punishment is political removal from 
 office and disqualification for it. This judgment, how 
 ever, does not prevent a subsequent trial by jury for 
 the criminal violation of law. 
 
 In a subsequent Article it is provided that a civil 
 officer of the United States, impeached and convicted, 
 "shall be removed from office." This punishment is 
 imperative; he may be punished further by disqualifi 
 cation to hold office. The punishment inflicted on such 
 
66 THE CONSTITUTION. 1. IV. 1. 
 
 an officer, who has been convicted by the Senate, can 
 not be less than removal from office ; it can not be 
 greater than removal and disqualification combined. 
 Judge Pickering was removed from office only; Judge 
 Humphries was removed from office and declared dis 
 qualified to hold any office of honor, trust, or profit 
 under the United States. 
 
 Sec. 4, Clause 1. The times, places, and manner of 
 holding elections for Senators and Representatives shall be 
 prescribed in each State by the legislature thereof ; but 
 tlie Congress may, at any time, by law* make or alter such 
 regulation*, except as to the places of choo <ing Senators. 
 
 By Act of Congress, passed June 25th, 1842, it was pro 
 vided that Representatives should be elected by districts 
 of contiguous territory equal to the number of Repre 
 sentatives. This is believed to have been the first in 
 stance of any regulations by Congress touching elections 
 of Senators or Representatives. In 1866 (July 25th), 
 an act was passed to regulate the mode of choosing Sen 
 ators, as already stated. In 1871 (February 28th), 
 Congress enacted that all votes for Representatives in 
 Congress should be by written or printed ballots, any 
 law of any State to the contrary notwithstanding. In 
 1872 (February 2d), provision was made that Represent 
 atives should be elected on the same day throughout 
 the United States, viz., on the Tuesday after the first 
 Monday in November; to go into effect in 1876. By 
 act of 1875, states whose constitutions prescribed a dif 
 ferent day were exempted from its effect. 
 
 This clause, giving to Congress the ultimate control 
 as to elections for Senators and Representatives, met 
 with little opposition in the Convention, but it was 
 opposed in some of the State Conventions called to 
 ratify the Constitution. "Its propriety," says Mr. Ham 
 ilton, "rests upon the evidence of this plain proposition, 
 that every government ought to contain in itself the 
 
1. IV. 2. CONGRESSIONAL ELECTIONS. 67 
 
 means of its own preservation." 1 But the opponents 
 of the Constitution maintained that this clause gave to 
 Congress the whole ultimate control of elections for 
 members of Congress, including the qualifications of 
 electors and elected, except as stated elsewhere in the 
 Constitution. Patrick Henry said: "The control given 
 to Congress over the time, place, and manner of holding 
 elections will destroy the end of suffrage. * * * 
 Congress may tell you they have a right to make the 
 vote of one gentleman go as far as the votes of a hun 
 dred poor men. * * * They may regulate the num 
 ber of votes by the quantity of property, without in 
 volving any repugnancy to the Constitution." i 
 
 The practice has been for the States to prescribe the 
 qualifications of voters in their constitutions. Mr. 
 Farrar claims, on the other hand, that it was well 
 understood by both parties at the time the Constitution 
 was framed, "that the whole law of elections, subject 
 to the provisions of the Constitution, was under the 
 control of Congress." 3 
 
 The Constitution of the Confederate States says, "No 
 person of foreign birth, not a citizen of the Confederate 
 States, shall be allowed to vote for any officer, State or 
 Federal." Thus their federal Constitution prescribed 
 qualifications for voters at State elections. 
 
 The restricting clause, as to the place of choosing 
 Senators, was inserted that Congress should not have 
 the right to prescribe to the State legislatures their 
 places of meeting. 
 
 Clause 2. The Congress shall assemble at least once in 
 every year, and such meeting shall be on the first Monday 
 in December, unless they shall by law appoint a different 
 day. 
 
 Annual sessions are thus made imperative. As the 
 
 1 Federalist, No. 59. 2 Elliot s Debates, III, pp. CO, 175. 
 
 3 Manual of the Constitution, p. 268. 
 
b THE CONSTITUTION. 1. IV. 2. 
 
 term of each Congress is two years, there would be two 
 regular sessions during each term. In eighty-eight 
 years from March 4th, 1789, or to the end of the Forty- 
 fourth Congress, there have been eleven instances of 
 three sessions by the same Congress. 1 For the first 
 thirty-two years, the regular sessions began on the first 
 Monday in December about half the time: since that, 
 all the regular sessions have begun on that day. 
 
 The first regular session of each Congress usually 
 continues from December till the following spring or 
 surnmer. The Thirty-first Congress was in session till 
 the thirtieth of September three hundred and two 
 days. The second regular session closes at noon on the 
 fourth of March, being thus about three months long. 
 But though the constitutional term of Congress ends 
 at noon on the fourth of March (it formerly ended at 
 midnight of the third), the Journals of the Senate and 
 House of Representatives bear the date of the third of 
 March, and the laws signed by the President after mid 
 night are dated on the third and not on the fourth. 
 
 By act of January 22d, 1867, each new Congress was 
 required to meet "at twelve o clock, meridian, on the 
 fourth day of March, the day on which the term begins 
 for which the Congress is elected." Under this act 
 each Congress had three sessions; the first commencing 
 on the fourth of March, the second on the first Monday 
 of December of that year, and the third on the first 
 Monday of December of the following year. The first 
 session was very short, and the second and third were 
 regarded as the regular sessions. This act has now 
 been repealed. It was in force during the Fortieth, 
 Forty-first, and Forty-second Congresses. 
 
 Under the Articles of Confederation, Congress might 
 
 1 There were three sessions in the First Congress, the Fifth, Eleventh, 
 Thirteenth, Twenty-fifth, Twenty-seventh, Thirty-fourth, Thirty -sev 
 enth, Fortieth, Forty-first, and Forty-second. 
 
1. V. 1. CONGRESSIONAL ELECTIONS. 69 
 
 adjourn to any time within the year, but no period of 
 adjournment could be for a longer time than six 
 months. Congress was thus a permanent body, and 
 not subject to periodic dissolution as now. 
 
 Sec. 5, Clause 1. Each House shall be the judge of 
 the elections, returns, and qualifications of its own mem 
 bers, 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. 
 
 The certificate of election furnished by the State au 
 thorities is prima facie evidence that the person holding 
 it is entitled to a seat, but it is not conclusive. Each 
 House has a Committee on Elections, to whom are re 
 ferred all doubtful cases, and on their report the House 
 decides : from this decision there is no appeal. The 
 recent war has multiplied the number of such cases, 
 and, in repeated instances, persons holding certificates 
 of election have not been deemed entitled to member 
 ship. The British Parliament and most legislative 
 bodies exercise the same power as to the admission of 
 members. 
 
 A majority seems to be a suitable quorum. In the 
 British House of Commons, composed of over six 
 hundred members, forty-five is a quorum. Under the 
 Articles of Confederation, no question, except that of 
 adjournment, could be decided unless by a majority of 
 ail the States, and for the most important questions 
 nine States were required, i. e., two-thirds. There was 
 no power to compel attendance, and business was fre 
 quently delayed through the absence of members. In 
 one instance, Congress assembled on the third of No 
 vember, but there was no quorum till the fourteenth 
 of January. Rhode Island once recalled her delegates, 
 and so prevented the transaction of important business. 
 
70 THE CONSTITUTION. 1. V. 2. 
 
 In the State of Ohio, no bill can be passed without 
 the votes of a majority of all the members elected to 
 each House. The new constitution of Illinois has a 
 similar provision. 
 
 By a rule of the House of Representatives, fifteen 
 members, including the Speaker, can compel attend 
 ance. 1 
 
 Clause 2. 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. 
 
 The " rules of proceedings " constitute what is called 
 Parliamentary Law. When the first Congress convened, 
 in 1789, the House of Representatives established rules, 
 some of which are still in force. At the beginning of 
 the first session of each Congress it is usual to adopt 
 the rules of the previous Congress until otherwise 
 ordered, and a committee is appointed to report new 
 rules during the session. The rules of the House of 
 Representatives may be found in the Appendix of their 
 Journal. 
 
 The power to punish a member has been exercised by 
 both Houses. William Blount, Senator from Tennessee, 
 was expelled in 1797, and Jesse D. Bright, Senator from 
 Indiana, in 1863. 
 
 It seems to be settled that a member may be ex 
 pelled for any misdemeanor which, though not punish 
 able by any statute, is inconsistent with the trust and 
 duty of a member. 
 
 The Constitution does not confer any express power 
 to punish contempts, i. e., offenses by persons not mem 
 bers of the House, but this power has been considered 
 to belong to legislative assemblies as such, and the 
 Supreme Court has so decided. But the power to pun 
 ish is held to extend only to imprisonment, and this 
 
 1 Journal H. R. Thirty-ninth Congress, p. 1204. 
 
l.V. 3. VOTING BY YEAS AND NAYS. 71 
 
 only until the dissolution of the House by which the 
 punishment is inflicted. 
 
 Clause $.Each House shall keep a joufnal of its 
 proceedings, and from time to time publish the same, ex 
 cepting 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. 
 
 It is usual for both Houses to have open sessions, 
 except the Senate when in Executive session, i. e., 
 acting upon nominations made by the President, or 
 engaged in discussion of treaties. The Convention 
 that framed the Constitution sat with closed doors, and 
 so did the Senate from the beginning of the First Con 
 gress until the second session of the Third Congress. 
 
 There are three methods of voting in Congress. The 
 usual method is viva voce; the presiding officer deciding 
 by his ear. If he is doubtful as to the result, he makes 
 a count; or, if a member questions the correctness of 
 his decision, a division of the House is called for, and 
 tellers are appointed who count the voters. But in 
 important questions the roll of the House is called by 
 the Clerk, and each member s vote is recorded in the 
 journal. This is voting by " Yeas and Nays." It 
 enables the people to know how their representatives 
 vote. 
 
 The Articles of Confederation required the yeas and 
 nays to be taken when called for by a single member. 
 The present provision, making the yeas and nays de 
 pendent on the call of one-fifth the members present, 
 is a decided improvement on the former one. A fac 
 tious minority often avail themselves of this rule to 
 delay proceedings, and prevent the passage of a bill. 
 Thus a member moves for adjournment, for example, 
 and asks for the yeas and nays. If a fifth of those 
 
72 THE CONSTITUTION. 1. VI. 1. 
 
 present concur in this request, the roll must be called, 
 occupying much time. Oftentimes the member mov 
 ing to adjourn votes against his own motion. 
 
 Clause 1, Neither House, daring the session of Con 
 gress, shall, without t/te consent of the other, adjourn for 
 more than tliree days, nor to any other place than that 
 in which the two Houses shall be sitting. 
 
 Under the Articles of Confederation, Congress could 
 adjourn to any time within the year, and to any place 
 within the United States, but no adjournment could 
 be for a longer period than six months. The present 
 provision prevents either House from interrupting, by 
 adjournment, the progress of business. 
 
 Sec. (>, Clause 1. The Senators and Representatives 
 shall receive a compensation for their services, to be as 
 certained 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 
 daring 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. 
 
 Under the Articles of Confederation, each State paid 
 its own members of Congress. By providing for their 
 payment from the national treasury, the Constitution 
 makes them independent of the States. In the Con 
 vention Mr. Madison said, "he could not see any chance 
 of that stability in the general government the want 
 of which was a principal evil in the State govern 
 ments," if the members were left dependent on the 
 States for their compensation. 
 
 In the British Parliament the members receive no 
 compensation. And in our Convention, Gen. Pinckney 
 suggested, as the Senatorial branch was to represent 
 the wealth of the country, that no salary be allowed. 
 
J.V1. 1. CONGRESSIONAL COMPENSATION. 73 
 
 This was seconded by Dr. Franklin, but disagreed to; 
 the vote standing six to five. 
 
 The compensation is to be ascertained by law; that 
 is, Congress itself is authorized by the Constitution to 
 determine it. The First Congress passed an act fixing 
 the allowance at six dollars a day while in attendance, 
 and six dollars for each twenty miles of travel in go 
 ing and returning. The Speaker of the House, besides 
 his pay as Representative, was to have six dollars a 
 day additional. 
 
 This rate continued till 1815, except that for one 
 year, 1795, the Senators received seven dollars a day, 
 and the same for each twenty miles of travel. By act 
 of March 19th, 1816, the compensation was fixed at 
 fifteen hundred dollars a year for each Senator and 
 Representative: the Speaker to receive three thousand 
 dollars, and the President pro tempore of the Senate, the 
 same when there should be no Vice-President. This 
 was repealed "in February, 1817, having been operative 
 only during the Fourteenth Congress. 
 
 In 1818 January 22d the per-dieni system was re 
 stored, to be operative from March 4th, 1817, the rate 
 being established at eight dollars a day, and eight dol 
 lars for each twenty miles of travel : the Speaker, and 
 the President pro tempore of the Senate, in the absence 
 of the Vice-President, receiving eight dollars a day ad 
 ditional. 
 
 This rate continued till the Thirty-fourth Congress, 
 which passed an act August 16th, 1856 establishing 
 the compensation at three thousand dollars a year, and 
 eight dollars for each twenty miles going and return 
 ing, for two sessions only: the Speaker receiving six 
 thousand dollars; and the President pro tempore of the 
 Senate, in the absence of the Vice-President, the salary 
 of that officer, which had been raised to eight thou 
 sand dollars. 
 
 In 1866 July 28th it was raised to five thousand 
 C. G. 7. 
 
74 THE CONSTITUTION. 1. VI. 1. 
 
 dollars a year, and mileage at the rate of " twenty cents 
 a mile, to be estimated by the nearest route usually 
 traveled in going to and returning from each regular 
 session." The pay of the Speaker was fixed at eight 
 thousand dollars per annum, this being the salary of 
 the Vice-President. 
 
 In 1873, March 3d, another change was made. The 
 compensation was raised from five thousand to seven 
 thousand five hundred dollars, with actual traveling ex 
 penses. The Speaker of the House and the President pro 
 tempore of the Senate were to receive ten thousand dol 
 lars. In 1874, January 24th, the act was repealed so far 
 as concerned these salaries, thus making them, as before, 
 five thousand and eight thousand dollars respectively. 
 
 The change made in 1816, from six dollars a day to 
 fifteen hundred dollars a year, was received by the peo 
 ple with great disfavor, and many members were not 
 returned to the next Congress in consequence. The 
 more recent change, in 1873, also called forth very se 
 vere criticism. The members were blamed for the 
 large increase of salary, and still more for making it 
 retroactive. A number of members refused to receive 
 the increase for the time already expired. The re 
 troactive feature is, however, not peculiar to the act 
 of 1873. The law of 1816 March 16th was opera 
 tive from March 4th, 1815. That of August 16th, 1856, 
 increased the compensation from March 4th, 1855. So 
 that of July 28th, 1866, took effect from March 4th, 
 1865. Every act of Congress, therefore, to increase the 
 pay of Senators and Representatives, has been retro 
 active in its operation, covering a period varying from 
 twelve months to twenty-four. 
 
 All the acts prior to that of 1866 were separate and 
 independent acts; but the one of 1866, and that of 1873, 
 were sections in appropriation bills. They were both 
 passed on the last days of the respective sessions. 
 
 From 1789 to the present time, then, the compensa- 
 
1. VI. 2. FREEDOM FROM ARREST. 75 
 
 tion has been as follows: 1789 to 1815, $6.00 a day; 
 1815 to 1817, $1500 a year; 1817 to 1855, $8.00 a day; 
 1855 to 1865, $3000 a year; 1865 to 1871, $5000 a year; 
 1871 to 1874, $7500 a year; 1874 and since, $5000 a year. 
 
 By act of March 29th, 1867, each Senator, Represent 
 ative, and Delegate, after having taken the required 
 oath, is entitled to receive his compensation at the 
 end of each month. 
 
 The privilege of freedom from arrest has belonged to 
 legislative bodies in Europe for many years. The ex 
 ceptional cases are what are called indictable offenses. 
 Whoever should cause the arrest of a member would 
 be liable for trespass, and might also be punished for 
 contempt of the House. The privilege commences from 
 the time of the election, and before the member takes 
 his seat or is sworn. 
 
 Freedom of debate is secured by this clause. But 
 the privilege is confined to words spoken in the course 
 of parliamentary proceedings, and does not cover things 
 done beyond the place and limits of duty; while a 
 member can not be questioned for a speech delivered 
 in the House, he might be liable if he should cause 
 the speech to be published. 
 
 The privilege from arrest secures the member, of 
 course, against all process, the disobedience to which is 
 punishable by attachment of the person, as a subpoena, 
 or a summons to serve on "a jury. (Story, Vol. II, p. 
 608.) 
 
 Clause 2. No Senator or Representative shall, during 
 the tim.e 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. 
 
 The first part of this clause was intended to prevent 
 
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1. VII. 2. BILLS FOR RAISING REVENUE. 
 
 branch of the legislature, and shall not be altered or 
 amended by the second branch." 
 
 Our circumstances differ so widely from those of Great 
 Britain that there seems to be no sufficient reason why 
 the Senate may not vriyinate bills for raising revenue 
 as well as amend them ; why they may not provide for 
 raising revenue as well as make appropriations. During 
 the third session of the Forty-first Congress, the Senate 
 passed a bill to rejjeal the law imposing the income tax. 
 But the House of Representatives, instead of acting 
 upon it in the usual way, passed a resolution calling 
 the attention of the Senate to this clause of the Con 
 stitution. 
 
 Bills looking to the raising of money have originated 
 in the Se nate and have passed into laws : as the bill to 
 establish the post-office, that to establish the mint, and 
 bills to regulate the sale of the public lands. Raiding 
 revenue is understood thus to be confined to levying taxes. 
 
 Clause 2. Every bill which shall have passed the House 
 of Representatives and the Senate, shall, before it become 
 a laic, be presented to tJie 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 hare 
 originated, who shall enter the objections at large in their 
 journal, and p-oceed to reconsider it. If, after such re 
 consideration, 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 be 
 come 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 
 
78 THE CONSTITUTION. 1. VII. 2. 
 
 to him, the same shall be a law, in like manner as if he had 
 signed it, unless the Congress, by their adjournment, pre 
 vent its return, in which case it shall not be a law. 
 
 This clause gives the President some participation in 
 legislation. The Executive and Legislative depart 
 ments are not entirely disjoined. But the President s 
 participation is negative. This returning of a bill with 
 objections is called vetoing the bill, though the word 
 veto does not occur in the Constitution. In Great Brit 
 ain the sovereign possesses an absolute veto, but it is 
 said not to have been exercised since 1692, in the reign 
 of William III, with, perhaps, a single exception. 
 
 In the Convention various plans were discussed for 
 revising the bills passed by Congress. One was to give 
 the right of revising all bills to the Executive and the 
 Judiciary. This was Mr. Randolph s plan, and was ap 
 proved by Mr. Madison. Some members wished the 
 President to have an absolute veto. At one time the 
 Convention voted in favor of requiring a vote of three- 
 fourths of each House in order to pass a bill over the 
 President s veto. 
 
 The present method has commended itself to the 
 people of the country. It is, doubtless, better than one 
 admitting an unqualified veto, and better than one 
 that should require a three-fourths vote in each House. 
 The practice in the State governments is not uniform. 
 In some the Governor has no veto, while in others a 
 bill may be passed over a veto by a bare majority in 
 each House. 
 
 The veto power has been used by most of the Presi 
 dents. Washington vetoed two bills; Madison vetoed 
 five and retained one; Monroe vetoed one; Jackson vetoed 
 seven and retained two; Tyler vetoed five; Polk, three; 
 Pierce, four ; Buchanan, one; Johnson vetoed twenty-one 
 and retained nineteen which became laws. No bill was 
 passed over the veto of the President till the admin- 
 
1. VII. 3. THE PRESIDENT MAY VETO. 79 
 
 istration of Mr. Tyler. One was so passed in his ad 
 ministration, four in that of Mr. Pierce, and seventeen 
 in that of Andrew Johnson. 
 
 It has been decided by the Senate July 7th, 1856 
 that two-thirds of a quorum only were requisite to pass 
 a bill over the President s veto, and not two-thirds of 
 the whole Senate. 
 
 There are three methods by which a bill may become 
 a law. (a.) If it is passed by a majority of each House 
 and is signed by the President. (6.) Without the sig 
 nature of the President, if it receives the votes of two- 
 thirds of the members present of each House, after 
 having been returned by the President with his objec 
 tions, (c.) If, having been passed by each House and 
 sent to the President, it is retained by him ten days 
 (Sundays excepted), it becomes a law, unless Congress 
 has adjourned in the mean time. 
 
 Clause 3. Every order, resolution, or vote, to which the 
 concurrence of the Senate and House of Representatives 
 may be necessary (except on a question of adjournment) 
 shall be presented to the President of the United States, 
 and before the same shall take effect shall be approved by 
 him, or, being disapproved by him, shall be repassed by 
 two-thirds of the Senate and House of Representatives, 
 according to the rules and limitations prescribed in the 
 case of a bill. 
 
 This clause prevents the passage of laws under the 
 name of resolutions, etc., without the approval of the 
 President. The process is the same, no matter what 
 may be the term employed, whether order, resolution, 
 vote, or bill. Whatever does not relate to the internal 
 government of the individual House, as elections, votes 
 of censure or thanks, etc., requires the signature of the 
 President, or a two- thirds majority in each House. A 
 joint resolution, approved by the President, or duly 
 passed without his approval, has all the effect of law. 
 
THE CONSTITUTION. l.V III. 
 
 A resolution of Congress proposing an amendment 
 to the Constitution does not require the signature of 
 the President; though in one or two cases such reso 
 lutions have been sent to him through inadvertence. 
 In February, 1865, Congress passed a joint resolution 
 that the electoral votes for President and Vice-Presi 
 dent, given in certain States then in rebellion against 
 the government, should not be received or counted. 
 The President approved the resolution, but said in a 
 message that his approval was not necessary. (The 
 electoral votes were counted on the eighth, though the 
 official approval of the President was not received till 
 the tenth.) In March, 1866, the two Houses determined 
 that neither House should consider the credentials of 
 any man presented as a member from a State lately 
 declared to be in rebellion, until Congress shall have 
 decided that such State is entitled to representation 
 therein. This resolution was not sent to the President. 
 
 Sec. 8. fhe Congress shall have power 
 
 In Article I, Section 1, it is declared that all legis 
 lative powers granted in the Constitution shall be 
 vested in a Congress of the United States. In Section 
 8 it is declared more specifically that Congress shall 
 have power, i. e., rightful authority, to legislate on 
 various subjects. But it is not intended that this shall 
 be considered an exhaustive enumeration of the powers 
 of Congress, or that Congress shall not legislate except 
 on the matters here mentioned; for the eighteenth 
 clause gives Congress power " To make all laws which 
 shall be necessary and proper for carrying into execu 
 tion 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." The 
 Constitution itself in other sections requires of Con 
 gress the exercise of powers not specifically mentioned 
 in this section; and it implies in various places that 
 
1.VIII. 1. TAXES, DUTIES, IMPORTS, AND EXCISES. 81 
 
 Congress must do what it is nowhere in the Consti 
 tution expressly authorized to do. Some of these cases 
 will be cited, and the subject will be still further dis 
 cussed, in connection with the consideration of the 
 eighteenth clause. 
 
 Clause 1. 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. 
 
 Every civil government must have a revenue for 
 its own support, and the subject of raising funds is 
 appropriately placed in this first clause. Under the 
 Articles of Confederation the common treasury was 
 supplied by the several States, in proportion to the 
 value of the land with the buildings and improve 
 ments. Taxes were not laid and collected by the gen 
 eral government, but were levied by the authority and 
 direction of the legislatures of the several States. The 
 subject was discussed in the Convention with great 
 earnestness, and the result was to give to Congress the 
 control of the whole subject of taxation and revenue 
 so far as relates to the administration of the general 
 government. 
 
 The obvious construction of the language of the 
 clause makes it confer upon Congress the power to 
 raise a revenue for the purpose of paying the debts 
 and providing for the common defense and general 
 welfare. This involves the power to pay the debts and 
 provide for the general welfare. 
 
 The four terms used, taxes, duties, imposts, and excises, 
 were originally of nearly the same signification. They 
 imply pecuniary burdens imposed by a civil govern 
 ment upon its subjects. This clause distinguishes be 
 tween taxes and the others, inasmuch as it states that 
 
THE CONSTITUTION. 1. VIII. 1. 
 
 "all duties, imposts, and excises shall be uniform through 
 out the United States." In Article I, Section 2, Clause 
 3, Representatives and direct taxes are required to be 
 apportioned among the several States in proportion to 
 their population. 
 
 In Political Economy, that is a direct tax which 
 comes from the property of the nominal payer, while 
 an indirect tax is assessed on one person but is really 
 paid by another. Duties on goods imported are indi 
 rect, as the consumer pays them. Poll taxes and those 
 imposed directly on property are direct. The provision 
 of the Constitution as to direct taxes prevents our strict 
 observance of this distinction; and the courts have de 
 cided that taxes on carriages, for example, are not di 
 rect taxes, though Political Economy would so regard 
 them. So also of taxes on incomes. 
 
 The taxes levied by the SJate governments, by coun 
 ties, and by cities and towns, are for the most part 
 direct taxes. The constitution of the State of Ohio 
 prohibits poll taxes, and requires that all property shall 
 be taxed equally. The revenues of the general govern 
 ment are almost wholly from indirect taxation. Con 
 gress has never levied a general tax on all the prop 
 erty of the country. Until the war of the rebellion the 
 general government derived nearly all its revenues from 
 duties on goods imported into the country. Before that 
 time a direct tax had been laid but four times since 
 the adoption of the Constitution, viz., in 1798, 1813, 
 1815, 1816. In these cases the tax was upon lands, 
 houses, and slaves. The amount of tax to be paid by 
 each State, was named in the act, and was in propor 
 tion to the population, and not according to the prop 
 erty of the State. In one or two of the cases the 
 amount of tax assessed upon each county of the several 
 States w r as given. In the act of 1798, the tax on each 
 slave was fifty cents. In the others all the property 
 taxed dwelling-houses, lands, and slaves was to be 
 
1. VIII. 1. DIRECT TAXES. 83 
 
 assessed at its true value. In each case the tax was 
 in force but a single year. 
 
 In August, 1861, after an interval of forty-five years, 
 another direct tax was levied. This was in consequence 
 of the war of the rebellion. The act required that 
 twenty millions of dollars a year be levied on all lots 
 of ground with their improvements and dwelling- 
 houses. The amount was apportioned among the States 
 and Territories and the District of Columbia, according 
 to their population, as required by the Constitution. 1 
 The law provided that any State or Territory might 
 collect its quota, and be allowed fifteen per cent, of the 
 amount for the expense of collection. All the kmil 
 States and Territories, except Delaware and Colorado, 
 assumed the payment of the tax. 2 This law, like the 
 others of an earlier period, was in force but one year. 
 By act of July 1st, 1862, its operation was suspended, 
 save as to the collection of the first annual tax, until 
 April 1st, 1865. 3 By act of June 30th, 1864, it was again 
 suspended till Congress should take further action. 4 
 
 The second act passed by Congress after the adoption 
 of the Constitution was, "for laying a duty on goods, 
 wares, and merchandises imported into the United 
 States." All civilized nations adopt this as one of the 
 methods of raising revenue. Whatever may be their 
 theoretical notions as to free trade, none hesitate to lay 
 duties on a portion of the merchandise which they im 
 port. There is great diversity of opinion as to the 
 article* upon which duties shall be levied; whether it 
 is or is not expedient to impose duties upon those which 
 would come into competition with the products of the 
 country itself. It is worthy of notice that the act 
 alluded to above, which was passed July 4th, 1789, had 
 
 1 The Territories had not been named in any previous act imposing 
 direct taxes; nor the District of Columbia, prior to 1815. 
 
 2 Report of Commissioner of Internal Revenue for 1870, p. 14. 
 
 3 Statutes at Large, XII, 489. 4 Ibid, XIII, 304. 
 
84 THE CONSTITUTION. 1. VIII. 1. 
 
 a preamble, as follows: " Whereas it is necessary for 
 the support of government, for the discharge of the 
 debts of the United States, and the encouragement and 
 protection of manufactures, that duties be laid on 
 goods, wares, and merchandises imported: Be it en 
 acted," etc. 
 
 We have seen that until 1861 direct taxes had been 
 levied for only four years since the adoption of the 
 Constitution; but duties on goods imported have been 
 collected from the first, and have formed until recently 
 the chief source of revenue. The term excises, though 
 used in the Constitution, does not appear in the laws 
 enacted by Congress. As commonly used, it signifies 
 all indirect taxes except duties on imports and exports. 
 In a narrower meaning, it is a tax upon the production of 
 commodities. Thus, distillers pay a tax of so much a 
 gallon on the whisky they manufacture, and oil refiners 
 have paid a similar tax. 
 
 The first case of indirect taxation, other than duties 
 on imports, was that of a duty on spirits distilled within 
 the United States, by an act of Congress, March 3d, 1791. 
 The duty ranged from nine cents a gallon to twenty- 
 five, according to its percentage below or above proof. 
 On the stills employed, there was alo a yearly duty of 
 sixty cents for every gallon of their capacity. In 1794, 
 duties were levied upon carriages, and retail dealers in 
 wines, etc., were required to pay five dollars a year for 
 license. A duty of eight cents a pound was also levied 
 upon snuff manufactured in the United States, aad one 
 of two cents a pound on sugar refined. About the same 
 time duties were laid on auction sales; and in 1797 
 stamp duties were imposed on certain certificates, letters 
 patent, insurance policies, bills of exchange, promissory 
 notes, etc., etc. Thus a system of internal revenue was 
 brought into full operation during the last century, 
 having been commenced very soon after the adoption 
 of the Constitution. 
 
1. VIII. 1. INTERNAL TAXES. 85 
 
 In April, 1802, an "Act to repeal the Internal Taxes," 
 swept away "the internal duties on stills and do 
 mestic distilled spirits, licenses to retailers, sales at 
 auction, carriages for the conveyance of persons, and 
 stamped vellum, parchment, and paper." But in 1813, 
 these were restored, and the office of Commissioner o\\ 
 the Revenue was established, "for superintending the 
 collection of the direct tax and internal duties." In 
 1815, the list of manufactured articles on which in 
 ternal duties were levied was largely increased, and 
 taxes imposed also upon household furniture and gold 
 and silver watches. 
 
 All these taxes they are called duties in the statutes 
 of the United States were required to be uniform by 
 the Constitution. Thus, if upon a promissory note for 
 a given sum a certain duty was levied in one State, the 
 same duty must be paid upon a note of the same amount 
 in every other State. If the owner of one gold watch 
 was required to pay a tax of one dollar, every one own 
 ing a gold watch must pay a like sum. But direct taxes 
 must be in proportion to the population of the State. 
 If two States are equal in population, their citizens 
 must pay to the general government the same aggre 
 gate amount of direct taxes, though the citizens of one 
 State may possess twice as much property as those of 
 the other. 
 
 The act of Congress of August 5th, 1861, which levied 
 a direct tax on the States and Territories, provided, 
 also, for an income tax, believed to be the first ever 
 levied by our general government. The tax was three 
 per cent per annum on the excess of income over eight 
 hundred dollars. In July, 1862, it was changed to 
 three per cent on the excess of income over six hun 
 dred dollars ; but five per cent on the excess over ten 
 thousand. For the years 1870 and 1871, it wa*s two and 
 a half per cent on the excess of income over two thou 
 sand dollars. No income tax has been levied since that 
 
THE CONSTITUTION. 1. VIII. 2. 
 
 for 1871. The amount collected on this tax in 1865, 
 was $20,000,000; in 1866, $61,000,000; in 1867, $57,000,000; 
 in 1868, $32,000,000. 
 
 On the first of July, 1862, an act to provide internal 
 revenue was passed by Congress, which is by far the 
 most elaborate and comprehensive scheme of internal 
 taxation in the history of our government. It included 
 duties on a great variety of manufactured articles, licenses 
 for carrying on divers trades and occupations, duties on 
 carriages, yachts, billiard tables, and plate; on banks, 
 trust and insurance companies, railroads, steamboats, 
 ferry-boats, railroad bonds, stamps, etc., etc. 
 
 The income to the government from internal revenue 
 from 1791 to 1849 was about $22,000,000; ranging from 
 about $200 in 1843, to $5,124,708 in 1816. During the 
 same period the income from customs was about 
 $946,000,000. But in the year 1866 the income from in 
 ternal revenue was over $H09,000,000, that from customs 
 being about $179,000,000. For the year ending June 30, 
 1877, the receipts from customs were about $131,000,000, 
 and those from internal revenue $118,000,000. 
 
 Clause 2. To borrow money on the credit of the United 
 
 States. 
 
 In time of peace, the ordinary revenues of a nation 
 should be sufficient to pay the expenses of its govern 
 ment; but in time of war these will be insufficient, 
 and debts must be incurred. All nations possess this 
 power of borrowing money, and all have exercised it. 
 The usual mode of making loans is to issue the bonds 
 of the government, which are its promises to pay tho 
 sums specified, at a given time, and with interest at 
 given rates, usually payable semi-annually. These 
 bonds are then sold at the best rates the government 
 can command. 
 
 The United States have issued bonds from time to 
 time since the formation of the government; though 
 
1. VIII. 2. POWER TO BORROW MONEY. 87 
 
 these were in possession of the capitalists almost ex 
 clusively, until the war of the rebellion made large 
 loans necessary. Then efforts were made to circulate 
 them among the people, and with such success that 
 multitudes purchased United States bonds who had 
 never before seen securities of this character. The 
 issues were of various denominations, $50, $100, $500, 
 $1,000, and so on. 
 
 There have been three classes of loans which have 
 been widely circulated among the people, viz., those 
 known as seven-thirties, ten-forties, and five-twenties. The 
 first were called treasury notes, and both principal and 
 interest were payable in currency. The interest was 
 at the rate of seven and thirty-hundredths per cent 
 per annum, which gave them their name, seven-thirties. 
 This rate gives the interest one cent a day on a note 
 of $50, two cents on one of $100, etc., rendering it easy 
 of computation. The five-twenties are payable, principal 
 and interest, in coin, and the name, five-twenties, comes 
 from the time of payment ; the government may pay 
 at any time after five years from their date, though they 
 are not due till the expiration of twenty years. The 
 interest is at the rate of six per cent per annum. The 
 ten-forties may be paid, in like manner, after ten years, 
 and are due at the end of forty years: interest five per 
 cent per annum. 
 
 The bonds of the United States can not be taxed b} 
 the State governments, according to a decision of the 
 Supreme Court, even if the bonds themselves contain 
 no stipulation to that effect. 
 
 The public debt of the United States, on the first of 
 January, 1791, was about $75,000,000. In 1816, it was 
 over $127,000,000, which within about twenty years was 
 entirely paid. In 1861, the debt was $90,000,000, and 
 in 1866, it was $2,773,000,000. On the first of July, 
 1877, it was $2,060,000,000. The advantages of this 
 method of distributing the payment of a debt over a 
 
THE CONSTITUTION. 1. VIII. 3. 
 
 period of years are obvious. The country is every year 
 becoming richer, and thus more able to pay off its in 
 debtedness. What would have been an insupportable 
 burden at the creation of the debt, becomes, in the lapse 
 of years, tolerable and easy. At the same time, the 
 temptation to postpone unduly the payment of princi 
 pal should be steadily resisted. The ordinary expenses 
 of the government will always call for heavy taxes, 
 without adding to them interest on debts. 
 
 The act of 1870, and subsequent acts, authorized the 
 issue of bonds for $1,500,000,000 at five, four and a half, 
 and four per cent interest, payable principal and inter 
 est in coin, and redeemable at the pleasure of the Gov 
 ernment after ten, fifteen, and thirty years respect 
 ively ; to be sold at not less than par, and the pro 
 ceeds to be applied to redeem the five-twenties. Over 
 $700,000,000 of six per cent bonds have already (Janu 
 ary, 1878) been thus redeemed, reducing the annual 
 interest over $8,500,000. 
 
 A portion of our present public debt is in the form 
 of Treasury Notes, commonly called legal tenders, 
 which are circulated as money, and on which the Gov 
 ernment pays no interest. The power to issue these 
 comes from this clause (to borrow money) but it will 
 be more convenient to consider them under another 
 clause. 
 
 Clause 3. To regulate commerce with foreign nations, 
 and among the several States, and with the Indian tribes. 
 
 Prior to the adoption of the Constitution the power 
 to regulate commerce was not in Congress, but in the 
 several States. Each State made such regulations as 
 its own interests seemed to require, without regard to 
 the influence upon its neighbors. " The States through 
 whose ports the natural or artificial channels of trade 
 principally passed, were able to exact a revenue from 
 those which were less favorably situated for commercial 
 
1. VIII. 3. POWER TO REGULATE COMMERCE. 89 
 
 purposes." It was on account of the difficulties and 
 irritations growing out of these commercial regulations 
 that a Convention of Commissioners from various States 
 was held at Annapolis in September, 1786; which Con 
 vention recommended the one that framed the present 
 Constitution in the year 1787. 
 
 As appears from this third clause, the whole control 
 of the subject of commerce, both with foreign nations, 
 among the several States, and with the Indian tribes, 
 is placed by the Constitution not with the States but 
 with the general government. Under the Articles of 
 Confederation each State levied duties on imports and 
 exports as it pleased, and this, not only as regarded 
 foreign countries, but with reference to commerce be 
 tween contiguous States. But now there can be no re 
 strictions on trade between two States, and all duties 
 on goods imported from other countries must be "uni 
 form." The nation has the exclusive power over com 
 merce, and without this it would hardly deserve the 
 name of a nation. 
 
 "To regulate" commerce is to prescribe rules by 
 which it is to be carried on. "With foreign nations" 
 means with the people of those nations. The general 
 government, and not the States, prescribes the rules 
 of commercial intercourse between the people of the 
 United States and those of foreign countries, and be 
 tween the people of any one State and those of all the 
 other States. So also trade with the Indian tribes is 
 under the exclusive control of Congress. 
 
 "In the practice of the government, the commercial 
 power has been applied to embargoes, non-intercourse, 
 non-importation, coasting-trade, fisheries, navigation, 
 seamen, privileges of American and foreign ships, quar 
 antine, pilotage, wrecks, light-houses, buoys, beacons; 
 obstructions in bays, sounds, rivers, and creeks; inroads 
 of the oceans, and many other kindred subjects; and, 
 doubtless, includes salvage, policies of insurance, bills 
 C. G. 8. 
 
90 THE CONSTITUTION. 1. VIII. 3. 
 
 of exchange, and all maritime contracts, and the desig 
 nation of ports of entry and delivery. 
 
 " Wherever the power of Congress extends, they are 
 the exclusive judges of the proper reasons and motives 
 for exercising it, and are not to be controlled by any alle 
 gation that it was done for a purpose not contemplated 
 in the original grant. This commercial power has been 
 employed for the purposes of prohibition, reciprocity, 
 retaliation, and revenue sometimes, also, to encourage 
 domestic navigation and manufactures, by bounties, dis 
 criminating duties, and special privileges and prefer 
 ences, and to regulate intercourse, with a view to mere 
 political objects; and the right to do so has been sus 
 tained by the unequivocal voice of the nation. 71 
 
 In December, 1807, under the administration of Mr. 
 Jefferson, an embargo act was passed. It provided 
 "That an embargo be laid on all ships and vessels in 
 the ports and places within the limits or jurisdiction of 
 the United States, cleared or not cleared, bound to any 
 foreign port or place; and that no clearance be fur 
 nished to any ship or vessel bound to such foreign port 
 or place, except vessels under the immediate direction 
 of the President of the United States/ 2 
 
 Under the power "to regulate commerce," Congress 
 thus passed a law prohibiting every American merchant 
 vessel from leaving port; and this, not for a limited 
 period, but without limitation of time. It was re 
 pealed, however, in March, 1809, the act going into 
 effect in June of the same year. An act to prohibit 
 the importation of certain goods from Great Britain 
 and her colonies was passed in April, 1806; and one 
 to interdict the commercial intercourse between the 
 United States and Great Britain arid France was passed 
 in March, 1809. 
 
 For the fiscal year ending June 30th, 1877, the total 
 
 l Farrar, p. 328. 2 U. S. Statutes, II, p. 451. 
 
1. VIII. 4. NATURALIZATION. 91 
 
 value of exports was $602,475,220, and of imports 
 $451,323,126. 
 
 The power to regulate commerce with the Indian 
 tribes is given to Congress. The exclusive right of 
 pre-emption to the Indian lands is with Congress, and 
 neither States nor individuals can purchase lands from 
 the Indians. An Indian tribe is not a foreign nation, 
 but a people in a condition of dependence or pupilage, 
 sustaining to the United States the relation of a ward 
 to a guardian. 
 
 Clause 4. To establish a uniform rule of naturaliza 
 tion, and uniform laws on the subject of bankruptcies 
 throughout the United States. 
 
 Naturalization is the conferring of citizenship. By it 
 an alien, or foreigner, is made a citizen. Neither the 
 Constitution nor any act of Congress defines citizenship. 
 The Fourteenth Amendment declares who are citizens, 
 but gives no definition of the term. "All persons born 
 or naturalized in the United States, and subject to the 
 jurisdiction thereof, are citizens of the United States, 
 and of the States wherein they reside." " Citizens, 
 under our Constitution and laws, means free inhab 
 itants born within the United States, or naturalized 
 under the laws of Congress." (Kent.) "A citizen is 
 a member of the body politic, bound to allegiance on 
 the one side, and entitled to protection on the other." 
 (Attorney-General Bates.) 
 
 Citizens are either native-born, or naturalized. Every 
 person born in the country is, at the moment of birth, 
 prima facie a citizen. An alien can become a citizen 
 only by compliance with the rule of naturalization 
 prescribed by Congress. 
 
 On the twenty-fourth day of June, 1776, the Conti 
 nental Congress resolved, "That all persons abiding in 
 any of the United Colonies, and deriving protection from 
 the laws of the same, owe allegiance to the said laws, 
 
92 THE CONSTITUTION. 1. VIII. 4. 
 
 and are members of such Colony." This resolution was 
 passed after the Resolution of Independence had been 
 decided upon in Committee of the Whole. This is sup 
 posed to have been the law until March, 1781, when 
 the Articles of Confederation went into effect, in which 
 jurisdiction over the subject was left to the individual 
 States. The objections to giving each State the power 
 to frame naturalization laws for itself are obvious. One 
 State might confer the rights of citizenship after a resi 
 dence of one year, another after two years, and another 
 after ten; yet the Constitution provides that, "the 
 citizens of each State shall be entitled to all privileges 
 and immunities of citizens in the several States." 
 There was no difference of opinion in the Convention 
 as to the propriety of giving to Congress the exclusive 
 control of the matter. 
 
 In 1790, Congress passed an act requiring two years 
 residence before a foreigner could become a citizen. In 
 1795, the time was extended to five years, and in 1798, 
 it was extended to fourteen years. But in 1802, it was 
 reduced to five years, which is the time now required. 
 
 The mode of naturalization requires, first, that the 
 alien shall make, at least two years before his admis 
 sion it was three years by the act of 1802, but changed 
 to two in 1824 a declaration, on oath, of his purpose 
 to become a citizen of the United States, and to re 
 nounce all allegiance to any foreign prince or state ; 
 secondly, that when he applies for admission he shall 
 declare, on oath, that he will support the Constitution 
 of the United States, and doth renounce all allegiance 
 to any foreign prince or state; thirdly, that the court 
 admitting him shall be satisfied that he has resided five 
 years within the United States, and one year in the 
 State or Territory where the court is held, and that he 
 ^as behaved as a man of good moral character. 
 
 The children of persons duly naturalized, who were 
 under twenty-one at the date of such naturalization, 
 
1. VIII. 4. NATURALIZATION. 93 
 
 shall be considered citizens, if residing in the United 
 States. 
 
 An alien, coming to this country when a minor, who 
 shall have resided in the United States three years 
 next preceding his arriving at the age of twenty-one, 
 and who shall have continued to reside therein to the 
 time of his application, may, after he arrives at the 
 age of twenty-one, and after he shall have resided five 
 years, in the United States, be admitted a citizen with 
 out the previous declaration. A woman who might 
 lawfully be naturalized under the existing laws, mar 
 ried to a citizen, shall be deemed a citizen. 1 
 
 The children of citizens of the United States shall 
 be considered citizens, though born abroad. 
 
 If an alien who has made his declaration of intention 
 to become a citizen die before he is actually naturalized, 
 his widow and children shall be considered as citizens 
 upon taking the oaths prescribed by law. 
 
 No alien, who shall be a native citizen or subject of 
 any country with which the United States shall be at 
 war at the time of his application, shall be then ad 
 mitted to citizenship. 
 
 By act of July 17th, 1862, a soldier of the age of 
 twenty-one years and upward, regularly discharged 
 from the army of the United States, may be admitted 
 to citizenship without a previous declaration of inten 
 tion, and with a single year s residence. 
 
 The admission to citizenship of those who have been 
 subjects of other governments, implies the right of ex 
 patriation. This right has been denied by some of the 
 European states, and the claim maintained that Amer 
 ican naturalized citizens still owe allegiance to the 
 countries where they formerly resided. In July, 1868, 
 an act of Congress was passed, expressly declaring the 
 right of expatriation, and that "All naturalized citizens 
 
 1 U. S. Statutes, X, 604. 
 
94 THE CONSTITUTION. 1. VIII. 4. 
 
 of the United States, while in foreign states, shall be 
 entitled to, and shall receive from this government, the 
 same protection of persons and property that is accorded 
 to native-born citizens in like situations and circum 
 stances." 
 
 Within a few years treaties have been made by the 
 United States with a number of other nations, in which 
 provision is made for the mutual naturalization of 
 citizens, thus recognizing the right of expatriation. 
 A treaty of this kind was made with Prussia and 
 Bavaria in 1868, with Belgium and Hesse in 1869, 
 with Great Britain and Wurtemburg and Baden in 
 1870, with Austria in 1871. and with Sweden and Nor 
 way in 1872. 
 
 Though the Constitution gives to Congress the whole 
 control of the subject of naturalization, with no limita 
 tion as to those who might be admitted to citizenship, 
 every law enacted, from 1790 to 1870, restricted it to 
 whites. By act of July 14th, 1870, it was provided : 
 "That the naturalization laws are hereby extended to 
 aliens of African nativity, and to persons of African 
 descent." As the original statute limited naturalization 
 to white aliens, and the act of 1870 extended it to those 
 of African descent, the question has arisen whether the 
 Chinese may be naturalized under the present law. In 
 April, 1878, Judge Sawyer of the United States Circuit 
 Court decided this adversely, holding that Chinamen 
 are not "white 11 in the meaning of the statute. 
 
 Mr. Curtis, in his History of the Constitution, says, 
 "the power that was given, by unanimous consent, 
 over the subject of naturalization, shows the strong 
 purpose that was entertained of vesting in the national 
 authority an efficient practical control over the States, 
 in respect to the political rights to be conceded to per 
 sons not natives of the country." In a note he says : " I 
 have called the naturalization power a practical control 
 upon the States in the matter of suffrage. It is indi- 
 
1. VIII. 4. NATURALIZATION. 95 
 
 rect, but it is effectual ; for I believe that no State has 
 ever gone so far as, by express statutory or constitu 
 tional provision, to admit to the right of voting persons 
 of foreign birth who are not naturalized citizens of the 
 United States." 1 Mr. Curtis is, doubtless, right in his 
 opinion that an alien ought not to be allowed to vote; 
 but he is wrong in the statement that no State has ex 
 tended the right of voting to persons of foreign birth 
 not naturalized. In a number of the States this right 
 is enjoyed, as in Indiana, Michigan, and Wisconsin. 
 The Constitution of Indiana permits an alien to vote 
 who has been one year in the United States and six 
 months in Indiana, and who has declared his pur 
 pose to become a citizen of the United States. The 
 new Constitution of Illinois restricts suffrage to citizens 
 of the United States. 
 
 By the common law, an alien could not hold real 
 estate; and in some of the States a special act of the 
 legislature is necessary to enable an alien to hold such 
 property. But other States have provided by statute 
 that no difference in this respect shall exist between 
 an alien and a citizen. 
 
 Naturalization removes the disabilities of alienage, 
 and confers, with one or two exceptions, all the rights 
 and privileges pertaining to the native-born citizen. 
 A naturalized citizen can not hold the office of Presi 
 dent or Vice-President of the United States, nor can he 
 be a Representative or Senator in Congress till he has 
 been a citizen for a term of years. 
 
 While this clause of the Constitution authorizes Con 
 gress to "establish a uniform rule of naturalization," 
 and such a rule has been established, Congress has ex 
 ercised the power of granting naturalization without 
 regard to the rule. Foreign territory has repeatedly 
 been incorporated into the Union by treaty and other- 
 
 History of the Constitution, II, p. 202. 
 
96 THE CONSTITUTION. 1. VIII. 4. 
 
 wise, and the inhabitants, of whatever race or descrip 
 tion, clothed with the rights of citizenship. The 
 President and Senate have thus naturalized whole 
 communities, without reference to the sections of the 
 act prescribing the mode of naturalization. So Texas, 
 with all its people, was admitted into the Union by 
 joint resolution of Congress. As the general govern 
 ment has thus naturalized whole masses of people with 
 out any specific authority, the grant to establish a 
 uniform rule has not been considered as exhausting the 
 power of Congress over the subject. 
 
 In 1870, Congress passed a stringent law to punish 
 crimes against the naturalization laws. Great frauds 
 had been committed in some of the cities in the issue 
 of naturalization papers, thus leading to the casting of 
 many fraudulent votes. 
 
 Bankruptcy. According to English usage, the term 
 bankrupt was limited to traders who could not or would 
 not pay their debts, while the word insolvent was ap 
 plied to persons not engaged in trade. This distinction 
 was recognized in the first law passed by Congress on 
 the subject, April 4th, 1800. It refers to " merchants, 
 bankers, brokers, underwriters," etc. But the law of 
 August 19th, 1841, makes no such limitations, but re 
 fers to li all persons owing debts." The same is true 
 of the recent law, passed March 2d, 1867. Its lan 
 guage is, " If any person owing debts," etc. 
 
 The popular usage in the United States makes the 
 words bankrupt and insolvent synonymous, and applies 
 them to persons not engaged in trade as well as to 
 traders. Strictly, a person is insolvent who is not able to 
 pay his debts. He becomes a bankrupt when, on his 
 own petition, or the petition of one or more of his cred 
 itors, he is declared to be such by the proper law officer, 
 called a Register in Bankruptcy. Insolvency thus nat 
 urally precedes bankruptcy. A man seeks to avail 
 
1. VIII. 4. 
 
 BANKRUPTCY. 97 
 
 himself of the bankrupt act because he is insolvent, 
 and many are insolvent who are never adjudged bank 
 rupts. 
 
 The Constitution gives to Congress the power to pass 
 uniform laws on the subject. Prior to the adoption 
 of the Constitution the power was exercised by the 
 several States. Three bankrupt laws have been en 
 acted by Congress : the first, April 4th, 1800, repealed 
 December 19th, 1803; the second, August 19th, 1841, 
 repealed March 3d, 1843; the third, March 2d, 1867, 
 and repealed in April, 1878, to take effect September 
 1st. Thus bankrupt laws have been in force only six 
 teen years in about ninety. 
 
 Some of the States have had laws in regard to in 
 solvency, which have been for the relief of unfortunate 
 debtors. It has been held that the States might pass 
 laws on the subject, provided they did not contravene 
 the Constitution of the United States, or the provis 
 ions of any law of Congress in force at the time. A 
 State might thus pass laws releasing the person of 
 the debtor from imprisonment; or releasing property 
 which he might acquire from debts which he should 
 contract after the passage of the law. But a State 
 could not release a debtor from debts already incurred, 
 nor could it pass laws affecting the citizens of other 
 States. Congress, however, is subject to no such lim 
 itation. While the Constitution prohibits States from 
 passing laws which impair the obligation of contracts, 
 there is no such prohibition on Congress. 
 
 It has been said that a bankrupt law is intended 
 primarily as a remedy for the benefit of creditors; 
 while an insolvent law is for the benefit of the debtors. 
 The word bankrupt formerly carried with it the sense 
 of an offender. Thus the law of 1800 refers only to 
 involuntary bankruptcy; the creditors petitioning that 
 the debtor may be declared a bankrupt, and his prop 
 erty be divided among his creditors. The idea of fraud 
 C. G. 9. 
 
98 THE CONSTITUTION. 1. VIII. 4. 
 
 on the debtor s part is implied in the wording of the 
 statute, and, as before said, that law applies only to 
 traders. 
 
 The law of 1841 provides for voluntary as well as in 
 voluntary bankruptcy, and the provisions are appli 
 cable to any person owing debts which he is unable 
 to pay. The same is true of the recent law. Most of 
 its provisions refer to voluntary bankruptcy. 
 
 In all the laws an allowance is made to the debtor 
 who is adjudged a bankrupt. In the law of 1800 the 
 amount depended upon the proportion of his debts 
 which he was able to pay. If this was less than fifty 
 per cent, the allowance could not exceed three hun 
 dred dollars and wearing apparel. If fifty per cent of 
 his debts could be paid, he was allowed five per cent, 
 but the allowance could not exceed five hundred dol 
 lars. If seventy-five per cent of debts was paid, he 
 was allowed ten per cent, provided the allowance did 
 not exceed eight hundred dollars. The law of 1841 
 exempted furniture and other necessary articles not to 
 exceed three hundred dollars, also the wearing apparel 
 of the bankrupt and his family. The law of 1867 
 makes the limit five hundred dollars, and such other 
 property as may be exempted from sale or execution 
 by the laws of the State or of the United States. 
 
 The bankrupt, after the various requirements of the 
 law have been complied with, receives a " discharge " 
 from his debts. The three laws differ somewhat as to 
 the influence which the creditors may exert to prevent 
 this discharge of the bankrupt from his debts. 
 
 The law of 1800 required that two-thirds of the 
 creditors including both the number of the creditors 
 and the value of their claims should give their 
 assent. The law of 1841 provided that a discharge 
 should be given unless a majority of the creditors in 
 number and value should dissent therefrom in writing. 
 That of 1867 provided that " no discharge shall be 
 
1. VIII. 4. BANKRUPTCY. 99 
 
 granted to a debtor whose assets shall not be equal 
 to fifty per cent of the claims proved against his 
 estate upon which he shall be liable as the principal 
 debtor, unless the assent in writing of a majority in 
 number and value of his creditors" be given. It pro 
 vides also that any creditor opposing the discharge 
 may present to the court the grounds of his opposition, 
 but the court shall decide. 
 
 It is to be feared that debtors, in our country, are 
 released too easily from their obligations. "In England, 
 bankruptcy is a more serious matter. The bankrupt 
 not only loses credit; he also, to a great extent, loses 
 caste. * * In France, the lot of the bankrupt is still 
 more severe ; not only does he lose his social position, 
 but the law prevents him from engaging in any other 
 business on his own account till he has redeemed his 
 outstanding obligations." 1 
 
 But even the English laws are far too lenient, accord 
 ing to the opinion of an eminent writer. "It is seldom 
 difficult for a dishonest debtor, by an understanding 
 with one or more of his creditors, or by means .of pre 
 tended creditors set up for the purpose, to abstract a 
 part, perhaps the greatest part, of his assets from the 
 general fund through the forms of the law itself. 
 * * * To have been trusted with money or money s 
 worth, and to have lost or spent it, is prima facie evi 
 dence of something wrong, and it is not for the cred 
 itor to prove, which he can not do in one case out of 
 ten, that there has been criminality, -but for the debtor 
 to rebut the presumption by laying open the whole 
 state of his affairs, and showing either that there has 
 been no misconduct, or that the misconduct has been 
 of an excusable kind." 2 
 
 The distinction between a legal obligation and a 
 
 1 Bo wen s American Political Economy, p. 211. 
 
 2 Mill s Political Economy, IT, pp. 473, 476. 
 
100 THE CONSTITUTION. I. VIII. 5. 
 
 moral one must not be overlooked. The law may dis- 
 eharge the bankrupt from his debts, but there still 
 rests upon him the moral obligation to satisfy the 
 claims of his creditors. The legal discharge puts him 
 in a position to accumulate again, and thus furnishes 
 him the opportunity to provide the means with which 
 to pay his debts. Some make this right use of the ad 
 vantage which the law gives them, but many regard 
 the legal discharge from their debts as a release also 
 from their moral obligations. Bankruptcy is a test, 
 though a severe one, .of a man s real character. 
 
 Clause 5. To coin money, regulate the value thereof 
 and of foreign coin, and fix the standard of weights and 
 measures. 
 
 All civilized nations use gold and silver for money. 
 To coin money is to mold the metal into the required 
 form, and to give to it the stamp of the government. 
 The power to coin money is an attribute of sovereignty, 
 and is therefore properly placed with the general gov 
 ernment. Without doubt, Congress would have pos 
 sessed the power had the Constitution contained no 
 specific grant to this effect. A subsequent section pro 
 hibits the States from coining money. 
 
 Under the Articles of Confederation the power of 
 coining money was possessed by the States and Con 
 gress jointly, though Congress had *the "sole and ex 
 clusive right and power of regulating the value of coin 
 struck by their own authority, or by that of the re 
 spective States." 
 
 By act of April 2d, 1792, Congress made provision for 
 issuing money by the establishment of the Mint. This 
 was located at Philadelphia, where Congress held its 
 sessions till 1800, and it has never been removed from 
 that city. Branch Mints have been established at 
 New Orleans; Charlotte, N. C. ; Dahlonega, Ga. ; San 
 Francisco, Cal.; Carson City, Nevada; and Dallas City, 
 
1. VIII. 5. POWER TO COIN MONEY. . ~ -/,,,*, ,,101 
 
 Oregon. Assay offices have been established at New 
 York, and at Boise City, Idaho. By act of February 
 12th, 1873, Mints are established at Philadelphia, San 
 Francisco, Carson, and Denver; Assay Offices at New 
 York; Boise City, Idaho; and Charlotte, N. C. 
 
 The coinage act of 1792 made our system bi-metal- 
 lic; both gold and silver coins were made real money. 
 The gold coins were three : the eagle (of the value of 
 ten dollars), the half-eagle, and the quarter-eagle. The 
 silver coins were five : the dollar, the half-dollar, the 
 quarter, the dime (written "disme" in the statute), 
 and the half-dime. AH these were legal tender in pay- 
 ftient of all debts. There were also two copper coins 
 which were subsidiary, or token, money : the cent and 
 the half-cent. 
 
 The coins both of gold and silver have a small frac 
 tion of alloy, and the alloyed metal is called standard 
 gold or silver. The weight of the coin is thus ex 
 pressed in the standard metal, while its value depends 
 entirely upon the amount of pure metal which it con 
 tains. In the gold coins made under the act of 1792, 
 there were 27 grains of standard, and 24.75 of pure, 
 gold to the dollar; and in the silver coins, 416 grains 
 of standard, and 371.25 grains of pure, silver. Gold 
 wns thus estimated to be worth fifteen times the same 
 weight of silver. 
 
 In 1834 an ounce of gold had become worth consider 
 ably more than fifteen ounces of silver, and as a conse 
 quence the gold coins were melted up and sold as 
 metal. In order to retain both metals in circulation as 
 money, it was necessary either to reduce in weight the 
 gold coins, or to increase the silver. A little reflection 
 will show that in such cases the metal which is under 
 valued must always be reduced; the one that is over 
 valued being really the standard. A reduction of 
 something more than six per cent was accordingly 
 made in the weight of the gold coins. In 1837 the 
 
102 THE CONSTITUTION. 1. VIII. 5. 
 
 alloy of both metals was fixed at one-tenth ; making, 
 with the change of 1834, the dollar to contain 25.8 
 grains of standard, and 23.22 grains of pure, gold, or 
 412.5 grains of standard, and 371.25 grains of pure, sil 
 ver. This reduction in the gold coins changed the ratio 
 of gold to silver from fifteen to one to sixteen to one. 
 
 But presently the equilibrium was again disturbed, 
 silver having become worth more than the one-six 
 teenth part of gold. This was owing, in part at least, 
 to the increased production of gold in the Australian 
 and Californian mines. If both silver and gold are to 
 be retained as full legal tender, the silver coins must 
 be reduced in weight as those of gold were in 1834. 
 There was another method, however to give up the 
 bi-metallic system; to make gold alone the legal stand 
 ard, and have the silver coins subsidiary. This was 
 what the government determined upon; and in 1851 
 the Secretary of the Treasury recommended that the 
 silver coins be reduced in weight, and be made legal 
 tender for small sums only. 
 
 A bill was accordingly prepared which became a law 
 February 21, 1853, providing that two half-dollars, four 
 quarters, etc., should contain 384 grains of standard 
 silver, instead of 412.5; and that these coins should be 
 a legal tender for only five dollars. The silver dollar 
 was not mentioned in the act, and so remained as a 
 nominal coin, but it formed from that time no part of 
 the circulating money of the country. In this great 
 monetary change the United States followed the exam 
 ple of England, where gold was adopted as the only 
 standard in 1816, silver being a legal tender for only 
 forty shillings. 
 
 Silver was thus practically demonetized in 1853, and 
 from that time was used only as change or token 
 money. In 1873 a general coinage act was passed, 
 which prohibited the coining of all coins except those 
 enumerated in the act. As the silver dollar was not 
 
1. VIII. 5. AMERICAN COIN. 103 
 
 named in the list, this legislation completed the de 
 monetization of silver, and declared that the gold dol 
 lar "shall be the unit of value." 
 
 From 1792 to 1875 the ratio of the metallic values of 
 gold and silver had ranged between fifteen and sixteen 
 to one. But in the latter year silver began to decline 
 in value, so that in July, 1876, the silver in the old 
 dollar of 412.5 grains was worth only 79J cents. There 
 were also great fluctuations in its value, the variation 
 amounting to twenty-five per cent within a period of 
 five months. About this time the question of recoin- 
 ing the silver dollar, and making it again a full legal 
 tender, began to be agitated, and by the act of Febru 
 ary 28, 1878, it was finally done. The bill was vetoed 
 by President Hayes, but was subsequently passed by 
 the requisite majority in each House. The act pro 
 vided for a monetary convention of representatives 
 from different nations to agree, if possible, upon a ratio 
 of value between silver and gold. Such an agreement 
 among the leading nations might perhaps make feasi 
 ble the concurrent use of both gold and silver as full 
 money; without it, one metal would probably soon 
 drive the other out of circulation. 
 
 Besides gold and silver coins, we have five-cent and 
 three-cent pieces made of copper and nickel, and two- 
 cent and one-cent pieces of copper. The tendency of 
 the government to overvalue the cheap coins used for 
 change, is shown in the fact that the cent issued under 
 the acts of 1864 and 1873 contains less than 46 grains 
 of copper, while that of 1792 contained 264 grains. 
 
 The coinage act of 1873 provides for the following 
 coins: Gold the dollar piece; the quarter-eagle, or 
 two-and-a-half-dollar piece; the three-dollar piece; the 
 half-eagle, or five-dollar piece ; the eagle, or ten-dollar 
 piece ; and the double-eagle, or twenty-dollar piece. 
 The silver coins are a trade-dollar; a half-dollar, or 
 fifty cent piece; a quarter-dollar, or twenty-five-cent 
 
104 THE CONSTITUTION. 1. VIII. 5. 
 
 piece; a dime, or ten-cent piece. The " minor coins" are 
 a five-cent piece, a three-cent piece, and a one-cent piece. 
 
 The gold dollar was made the unit of value; the 
 standard weight is 25.8 grains, and the weight of pure 
 gold is 23.22 grains, the alloy being one-tenth. The 
 gold coins are a legal tender for all sums. 
 
 To the silver coins provided for by the act of 1873 
 we must add the dollar of 412.5 grains. There are 
 thus three distinct classes of silver coins: (a) the trade- 
 dollar, (6) the dollar, and (c) the subsidiary coins 
 half-dollars and smaller pieces. The trade-dollar was 
 not intended for circulation at home, but for trade with 
 Japan and other Eastern nations. It weighs 420 grains 
 of standard silver. It is a coi?j, but not money; not 
 even token money, as since July, 1876, it has not been 
 a legal tender for any sum. The dollar is money 
 proper, legally on an equality with gold. The smaller 
 silver coins are token money, a legal tender for five 
 dollars only. They were slightly increased in weight 
 in 1873, and now weigh 385.8 grains, or 25 grammes to 
 the dollar. 
 
 Formerly the government made no charge for coining 
 money, but any person might bring gold and silver bul 
 lion and have it coined free of expense. If, however, he 
 preferred to take the value in coins at once, one-half of 
 one per cent was deducted. Subsequently, the law pro 
 vided that the cost of preparing the metal for coining 
 should be defrayed by the person to whom the bullion 
 belonged. In 1853 there was a seignorage, or charge for 
 coining, of one-half of one per cent; in 1873, it was 
 made one-fifth ; and in 1875 it was wholly removed. 
 But while there is free coinage of gold, silver is coined 
 only for the government, as silver coins are largely 
 overvalued; but standard silver is converted into trade- 
 dollars, or into bars, at cost. 
 
 The decimal system for our coinage was recommended 
 in a report of the Financier, January, 1782. In July, 
 
1. VIII. 5. FOREIGN COIN. 105 
 
 1785, Congress resolved that the money unit of the 
 United States be one dollar, and that the decimal sys 
 tem be followed. In August, 1786, they provided for 
 the issue of two gold coins, the eagle and the half- 
 eagle; of four silver coins, the dollar, the half-dollar, 
 the double-dime, and the dime; and of two copper 
 coins, the cent and the half-cent. 
 
 Though the dollar was made the unit of the money 
 system in 1785, the accounts had been kept in dollars 
 for more than ten years. 
 
 Foreign Coin. Congress has repeatedly regulated the 
 value of foreign coin; that is, has established the rates 
 at which it should be received at the Custom-house 
 for duties on goods, or in payment for the public lands. 
 The sovereign, or pound sterling of Great Britain, is 
 taken at 4.86^%, and this is to be the par of exchange 
 between the two countries, instead of $4.44f. For most 
 of the time the coin of some foreign countries has been 
 a lawful tender for debts and payments; but in 1857 
 all laws of this kind were repealed, and none have been 
 enacted since. 
 
 Under Clause 2 of the present section, which author 
 izes Congress to borrow money, we have spoken of the 
 issue of Treasury Notes. These have been issued repeat 
 edly by the general government, the notes being of 
 various denominations, generally redeemable in a year 
 or other short period, though sometimes with the time 
 of redemption left indefinite. Generally they have 
 borne interest, but not always. They were receivable 
 by the United States for all taxes and duties, and for 
 public lands, and were paid out to such creditors of 
 the government as were willing to receive them at par. 
 In most cases they were made payable to order and 
 were transferable by delivery and indorsement, though 
 some were made payable to bearer, and were transfer 
 able by delivery. In 1862, and the years immediately 
 subsequent, they were made legal tender for all debts, 
 
106 THE CONSTITUTION. 1. VIII. 5. 
 
 public and private, except interest on the bonded debt 
 of the United States, and duties on imports. 
 
 These Treasury notes are what the Constitution calls 
 "bills of credit." The States are forbidden to "emit 
 bills of credit," as well as to "coin money," and to 
 "make any thing but gold and silver coin a tender in 
 payment of debts." The Constitution places the coin 
 ing of money among the powers of Congress, but says 
 nothing in regard to their issuing bills of credit, and 
 nothing as to their making even gold and silver a 
 legal tender. In the draft of the Constitution, as 
 reported by the Committee of Detail, Congress was 
 authorized to "coin money and emit bills on the 
 credit of the United States." But the latter clause 
 was stricken out. A suggestion was made in the Con 
 vention to prohibit the making of such bills a legal 
 tender, but no motion to that effect was made. 
 
 The Constitution, therefore, does not confer upon 
 Congress in specific terms the authority to emit bills 
 of credit, or to make them, if issued, legal tender; nor 
 does it prohibit the exercise of such authority. As we 
 have seen, the government has assumed it as one of 
 the powers of sovereignty. 
 
 The question whether such notes, made by Congress 
 legal tender in payment of debts, could be used to pay 
 debts contracted prior to the passage of the law, has 
 been twice before the Supreme Court. In the first case 
 the decision was adverse to such payment; but, subse 
 quently, it was decided in favor of it. There can be no 
 doubt that this second decision accords with the gen 
 eral theory and practice of the people from the time 
 the law was passed until the time of the first decision. 
 During this period of some eight years, debtors ten 
 dered and creditors received these government notes in 
 payment of debts without protest or unwillingness. 
 
 This second decision covers the whole ground, and 
 establishes the right of the government to issue bills 
 
1. VIII. 5. TREASURY NOTES. 107 
 
 of credit, and to make them a lawful tender for all 
 debts, as well past as future. At the same time it is 
 clear that this right is one which should be exercised 
 with the greatest caution, and only in times of extreme 
 exigency. 
 
 Some writers make no difference between coining 
 money and issuing Treasury notes; holding that a legal 
 tender note is as truly monej^, and coined money, as a 
 silver dollar or a gold eagle. "The government paper 
 now, 1866, forming, almost exclusively, the currency 
 of the country, is the money of the country. It makes 
 no pretension to being a substitute or a representative. 
 All substitutes for money are redeemable in that; and 
 that is redeemable in nothing, so long as it constitutes 
 money and is itself a legal tender for all the purposes 
 of money." 1 So Mr. Tiffany holds that the value of 
 money arises from the government stamp. The arti 
 cle stamped may be gold, silver, or any thing else. 
 "Whether the coin shall be metal, leather, parchment, 
 paper, or any other substance, is a question of expedi 
 ency." 2 
 
 It seems to be much simpler as well as truer to 
 say, that the present government paper, circulating as 
 money, is a government loan a forced loan. Every 
 note is a promise to pay by the government. It is a 
 note like a note of hand drawn by a private citizen, or 
 a note issued by a bank. The difference is, that a 
 bank-note is a promise to pay on demand, and the 
 promissory note of an individual is a promise to pay 
 at some specified time, while on the government note 
 the time is indefinite. A gold eagle has upon it the 
 stamp of the United States, which is a guaranty that 
 it contains so many grains of gold. It bears its value 
 upon its face ten dollars. But a legal tender note 
 
 1 Farrar s Manual of the Constitution, p. 339. 
 
 2 Tiffany s Treatise on Government, p. 223. 
 
108 THE CONSTITUTION. 1. VIII. 5. 
 
 does not purport to be ten dollars; it is a mere cer 
 tificate of indebtedness for that amount on the part of 
 the government to the holder of the note. "The United 
 States will pay the bearer ten dollars/ If this piece 
 of paper were itself ten dollars, there would be no 
 subsequent transaction requisite between the holder 
 and the government. As between man and man it is 
 given and taken as in full satisfaction of debt ; but he 
 who receives it holds it as a valid debt against the 
 United States. When the government pays gold to its 
 creditor, the debt is paid. When it pays him legal 
 tender notes, it gives him a certificate of indebtedness 
 which he may transfer to another. If the Treasury 
 notes in the hands of the people are veritable money, 
 as truly so as gold, then the United States is not in 
 debted to those who hold them any more than it is to 
 those who have gold eagles in their possession; and 
 the Treasury Department should not report these 
 Treasury notes as a part of the national debt. 
 
 In authorizing Congress to "borrow money" as well as 
 "coin money and regulate the value thereof," and in pro 
 hibiting the States from coining money and emitting 
 bills of credit, the Constitution places in Congress the 
 control of the whole subject of money; not only of gold 
 and silver coin, but of all substitutes for them. This 
 control, however, so far as it relates to the bank-note 
 currency of the country, Congress has not chosen to ex 
 ercise, except partially, until within a few years. A 
 bank of the United States was chartered February 25th, 
 1791, as a fiscal agent of the government, with a capital 
 of ten millions, and to continue twenty years. On the 
 tenth of April, 1816, another was chartered, with a 
 capital of thirty-five millions, to continue for the same 
 period. Congress refused to re-charter the first, and 
 President Jackson vetoed the bill to renew the charter 
 of the second. In 1841, two bills in succession were 
 passed to establish a United States bank, but both 
 
I. VIII. 5. BANK-NOTE CURRENCY. 109 
 
 were vetoed by President Tyler. Congress also author 
 ized the establishment of banks in the District of 
 Columbia. 
 
 With these exceptions the charters of the banks of 
 the country have been granted by the several State 
 legislatures. So familiar had the people become with 
 the currency furnished by these State banks, that when 
 Congress passed, February 25th, 1863, the act to estab 
 lish National banks, many supposed that the general 
 government was usurping an authority which belonged 
 to the States. On the contrary, we are forced to in 
 quire, where did the States obtain the power to charter 
 banks, and thus provide the paper circulation of the 
 country? "Is not the right/ says Mr. Webster, "of 
 issuing paper intended for circulation in the place, 
 and as the representative, of metallic currency, derived 
 merely from the power of coining and regulating the 
 metallic currency? Could Congress, if it did not pos 
 sess the power of coining money and regulating the 
 value of foreign coins, create a bank with power to 
 circulate bills? It would be difficult to make it out. 
 Where, then, do the States, to whom all control over 
 metallic currency is altogether prohibited, obtain this 
 power?" 1 
 
 The States have established banks because Congress 
 tacitly left it to them in great measure. The authority 
 was in the general government; but, as Congress did 
 not choose to exercise it, the State legislatures went 
 forward in this work till such time as the general gov 
 ernment should see fit to provide a bank-note currency 
 for the whole people. 
 
 The act of June 3d, 1864, a substitute for that of Feb 
 ruary 25th, 1863, provided for a Bureau of Currency in 
 the Treasury Department, at the head of which is a 
 Comptroller. Banking associations may be formed with 
 
 Tiffany, p. 227; Story, II, 56. 
 
HO THE CONSTITUTION. 1. VIII. 5. 
 
 power to issue bills, receive deposits, loan money, and 
 perform the ordinary functions of banks. By an act of 
 March, 1865, amended July 13th, 1866, a tax of ten per 
 cent was levied on the notes of State banks used for 
 circulation after August 1st, 1866. This, of course, ex 
 cluded these notes from circulation, and the present 
 bank currency of the country consists of the notes of 
 National banks. 
 
 This circulation was at first limited to three hundred 
 and fifty-four millions, and was distributed among the 
 States and Territories according to wealth and popula 
 tion jointly; but both these provisions have been re 
 pealed. It is secured by a deposit of United States 
 bonds in the treasury of the United States. The circu 
 lation of a bank can not exceed ninety per cent of the 
 amount of bonds deposited; ranging from sixty per 
 cent when the capital is three millions and over, to 
 ninety per cent when not over half a million. 
 
 The advantages of this national currency are, that the 
 payment of the notes is guarantied by the United States, 
 that a uniform currency is provided, and that the notes 
 are receivable for all dues to the United States except 
 duties on imports. 
 
 Much effort has been made to secure an international 
 coinage. As the pound sterling contains 113 grains of 
 gold, and the American half-eagle 116.1, if the latter 
 were reduced 3.1 grains in weight, or about thirteen 
 cents in value, the two coins would be equal in value. 
 This would make four shillings equivalent to one dollar. 
 So if the twenty-five-franc piece were increased about 
 four cents, it would equal the pound sterling. These 
 slight changes would secure uniformity in the gold coins 
 of England, France, and the United States. 
 
 Weights and Measures. There is propriety in connect 
 ing weights and measures with money. By money we 
 express the prices, or relative values, of all commodi 
 ties, and by weights and measures we ascertain the 
 
1. VIII. 5. WEIGHTS AND MEASURES. HI 
 
 quantities of commodities. As we need uniformity in 
 money, so we need it in all measures of quantity; and, 
 therefore, both subjects were committed to Congress. 
 
 The importance of uniformity was urged by President 
 Washington in his message to the first Congress; and 
 various reports on the subject have been presented at. 
 different times. A very elaborate one was prepared by 
 John Quincy Adams when Secretary of State, in 1821, 
 but the recommendations were never embodied in a 
 statute. 
 
 By an act of Congress, May 19th, 1828, the brass troy 
 pound weight, procured by the minister of the United 
 States at London, was made the standard troy pound of 
 the Mint of the United States. A series of standard 
 weights corresponding to this was ordered to be made, 
 from the hundredth part of a grain to twenty-five 
 pounds. In 1 K 36 the Secretary of the Treasury was di 
 rected to cause a complete set of weights and measures 
 adopted as standards to be delivered to the governor of 
 each State that a uniform standard might be estab 
 lished throughout the United States. 
 
 The Metric System was legalized by act of Congress 
 in July, 1866; and in 1873, and again in 1876, appro 
 priations were made for procuring metric standards for 
 the States, and for the construction and verification of 
 standard weights and measures for the custom houses 
 and for the several States. 
 
 This is a decimal system, and its unit is a meter, 
 which is equal to 39.37 inches. Its multiples are, the 
 dekameter (10 meters), the hectometer (100 meters), the 
 kilometer (1,000 meters), and the myriameter (10,000 me 
 ters). The subdivisions are, the decimeter (^ of a me 
 ter), the centimeter (y^-Q of a meter), and the millimeter 
 (linns- of a meter). 
 
 The unit of the measures of surface is the centare, 
 which equals one square meter. The others are the 
 
112 THE CONSTITUTION. 1. VIII. 6. 
 
 are (100 square meters), and the hectare (10,000 square 
 meters). 
 
 Of measures of capacity the liter is the unit, which 
 equals one cubic decimeter. Its equivalents are 0.908 
 quarts in dry, and 1.0567 in liquid measure. The other 
 denominations are formed like those in measures of 
 length the dekaliter, hectoliter, and kiloliter; and the 
 deciliter, centiliter, and milliliter. 
 
 The unit of the measures of weight is the gram, which 
 is the weight of one cubic centimeter of water at its 
 maximum density, and is the equivalent of 15.432 
 grains avoirdupois. Then we have, as before, the mul 
 tiples, dekagram, hectogram, kilogram, myriagram, quintal, 
 and miliier or tonneau (2204.6 pounds) ; and the subdi 
 visions, decigram, centigram, and milligram. 
 
 The legalizing of this metric system is a step towards 
 international uniformity. The advantages of the use 
 of the same weights and measures by all civilized na 
 tions, and of the same gold and silver coins, are many 
 and obvious; but it will be exceedingly difficult to 
 change, in these respects, the habits of nations fixed by 
 long usage. 
 
 By act of July 27th, 1866, the Postmaster-General was 
 required to furnish post-offices exchanging mails with 
 foreign countries postal balances, denominated in grams 
 of the metric system ; and, until otherwise provided by 
 law, one-half ounce avoirdupois was to be taken as 15 
 grams (15 grams being equal to .529 oz). 
 
 Clause 6. To provide for the punishment of counterfeit 
 ing the securities and current coin of the United State*. 
 
 The right to punish counterfeiting would follow from 
 the right to coin money. By " securities " are meant all 
 certificates of indebtedness, such as bonds, Treasury 
 notes, etc. The word stock, or stocks, is often used to 
 denote a debt due by a government on which it pays 
 interest. Thus we say that a person holds ten thousand 
 
1. VIII. 6. COUNTERFEITING. 113 
 
 dollars of United States securities, or twenty thousand 
 dollars of Ohio stock. 
 
 The general government punishes the making and 
 also the passing of counterfeit money or securities. It 
 is held tluit the States may also punish the passing of 
 counterfeits on United States coin or securities. 
 
 Congress has passed laws punishing the making, 
 forging, or counterfeiting, and the passing, uttering, or 
 publishing, of the coin of the country, the notes of the 
 United States hank, the Treasury notes, the fractional 
 currency, the notes of the National banks, the excise 
 stamps used for internal revenue, letters patent, post 
 age stamps, stamped envelopes, and custom-house cer 
 tificates. 
 
 The law now in force relating to counterfeiting the 
 coin of the United States was passed in February, 1873. 
 It provides that if any person, except as now author 
 ized by law, shall make, or cause to be made, or shall 
 utter or pass, or attempt to utter or pass, any coins of 
 gold or silver, whether in the semblance of the coins 
 of the United States or of foreign countries, every per 
 son so offending shall be punished by fine not exceed 
 ing five thousand dollars, and by imprisonment for a 
 term not exceeding ten years. The penalty for coun 
 terfeiting the "minor coins" is a fine not exceeding one 
 thousand dollars, and imprisonment not exceeding three 
 years. 
 
 The law of June 30th, 1864, provides that if any per 
 son shall falsely make, counterfeit, or alter, or shall pass, 
 utter, or publish any obligation or security of the United 
 States, etc., he shall, on conviction, be punished by fine 
 not exceeding five thousand dollars, and by imprison 
 ment and confinement at hard labor not exceeding fif 
 teen years. The act also provides that the words "ob 
 ligation or other security of the United States " shall 
 be held to include "all bonds, coupons, national cur 
 rency, United States notes, Treasury notes, fractional 
 c. G. 10. 
 
114 THE CONSTITUTION. 1. VIII. 7. 
 
 notes, checks for money of authorized officers of the 
 United States, certificates of indebtedness, certificates of 
 deposit, stamps, and other representatives of value, of 
 whatever denomination, which have been or may be 
 issued under any act of Congress." 
 
 Clause 7. To establish post-offices and post-roads. 
 
 A Post-office Department was established before the 
 Declaration of Independence. In July, 1775, the Conti 
 nental Congress made provision for such a department, 
 and Dr. Benjamin Franklin was placed at the head of 
 it, with the title of " Postmaster-General of the United 
 Colonies." The Articles of Confederation gave Congress 
 "the sole and exclusive right and power of establishing 
 and regulating post-offices from one State to another, 
 throughout all the United States, and exacting such 
 postage on the papers passing through the same as may 
 be requisite to defray the expenses of the said office." 
 
 "By the authority of two short words, establish post- 
 offices, the government have instituted an establish 
 ment employing more men, controlling more patronage, 
 and collecting and disbursing more revenue, than suf 
 ficed, within a few years past, for the administration of 
 the whole government." 1 In 1790, there were seventy- 
 five post-offices in the United States, and the expend 
 iture for that year wag $32,140. In 1876, there were 
 36,383 post-offices, the mails were transported 136,269,708 
 miles, and the expenditures were $32,796,186. The ex 
 penditures exceed the receipts by more than $4,000,000. 
 
 The Post-office Department is under a Postmaster- 
 General, and three Assistant Postmasters-General. Post 
 masters whose compensation is less than one thousand 
 dollars, are appointed by the Postmaster-General, and 
 may be removed by him. In all other cases the ap- 
 
 ^arrar, p. 346. 
 
1. VIII. 7. POST-OFFICES AND POST-ROADS 115 
 
 pointment, which is four years, is made by nomination 
 of the President and confirmation by the Senate. This 
 class, which numbers less than two thousand, are paid 
 salaries. The others receive the rents from boxes, and 
 a percentage on the sale of stamps and other office re 
 ceipts. Prior to 1864 all the postmasters received their 
 compensation in this way. Except in the city of New 
 York, where the salary is $8,000, no postmaster receives 
 over $4,000 a year. The salary is not expected to ex 
 ceed one-half of the gross revenue of the office. The 
 amount paid for the transportation of the mail is nearly 
 three times that paid to the postmasters. In a few in 
 stances the income of the Post-office Department has 
 equaled or exceeded the expenditures. As the popula 
 tion of the country becomes more dense, the relative cost 
 of transporting the mails may be expected to diminish. 
 
 Mailable matter is divided into three classes, namely : 
 first, letters; second, regular printed matter ; third, mis 
 cellaneous matter. (1) Postage on letters not exceeding 
 a half-ounce in weight is three cents. (2) On news 
 papers and other periodicals sent regularly once a week 
 or oftener, the postage is two cents a pound prepaid. 
 The matter is weighed in bulk. If sent less frequently 
 than once a week, the postage is three cents a pound. 
 Newspapers are carried free to subscribers in the county 
 in which they are published. (3) Mailable matter of 
 the third class is divided into two classes, (a) On 
 books, catalogues, pamphlets, transient newspapers, and 
 periodicals, etc., the postage is one cent for two ounces 
 or less. (6) On blank books, book manuscript, and 
 merchandise the postage is one cent for each ounce. 
 Of third class mailable matter no package may exceed 
 four pounds in weight. Less than one-tenth of the 
 mailable matter in weight belongs to the first class. 
 
 Letter postage is now three cents for any distance 
 within the United States. Formerly the rates were 
 much higher, and were different for different distances. 
 
116 THE CONSTITUTION. 1. VIII. 7. 
 
 From 1792 to 1799 there were nine rates, ranging from 
 six cents for thirty miles and less, to twenty-five cents 
 for a distance over four hundred and fifty miles. From 
 1799 to 1816 there were six rates: the lowest, eight 
 cents for forty miles ; the highest, twenty-five cents 
 for over five hundred. During the year 1815, these 
 rates were fifty per cent higher. From 1816 to 1845 
 the rates were six cents, tpn, twelve and a half, eigh 
 teen and three-fourths, and twenty-five, for distances 
 from thirty miles to four hundred and upwards. In 
 1845 the rates were greatly reduced in amount, and 
 the system simplified. Under three hundred miles the 
 postage was five cents; over that distance, ten cents. 
 In 1851 this was changed to three cents for three thou 
 sand miles, if prepaid, and five cents if not prepaid; 
 over three thousand miles, doufile these rates were 
 charged. In 1863 the present rate was established- 
 three cents to any part of the United States. In 1872, 
 postal cards were authorized, which are carried in the 
 mails at a postage charge of one cent each, including 
 the cost of the card. 
 
 Until 1845, letters were single or double, according 
 as there was one piece of paper or two; since that 
 time a letter or parcel not exceeding half an ounce 
 has been deemed a single letter. Prior to 1851 there 
 was no reduction for prepayment. In that year a dif 
 ference of two cents was made, as stated above. In 
 1855, prepayment was required, and this continues to 
 be the rule. 
 
 Postage stamps were introduced in 1847. but did not 
 become general till 1855, when letters were required 
 to be prepaid. Stamped envelopes were furnished first 
 in 1852. 
 
 In 1855, for the greater security of valuable letters, 
 the Postmaster-General was authorized to establish a 
 plan for registration. A fee of ten cents besides the 
 regular postage is charged for registering a letter. 
 
1. VIII. 7. POST-OFFICES AND POST-ROADS. 117 
 
 The government takes special charge of such letters, 
 but does not hold itself responsible if they are lost. 
 
 In 1864 the postal money-order system was established. 
 This enables one who wishes to send money to a cor 
 respondent to do it by depositing the amount with a 
 postmaster, and receiving an order on the postmaster 
 of the place where his correspondent lives. A small 
 fee is charged, ranging from ten to twenty-five cents 
 according to the amount of the order. No order is 
 issued for more than fifty dollars. The postmaster is 
 entitled to one-third of the fees collected by him, and 
 one-fourth, of one per cent of the orders which he pays. 
 Money orders are exchanged between the United States 
 and Canada, Great Britain and Ireland, Germany, 
 Switzerland, and Italy. 
 
 In 1863, the Postmaster-General was authorized to 
 provide for the free delivery of letters by carriers, in 
 cases which, in his judgment, might justify it. In 
 1865 the system of free delivery was required to be 
 established in every place containing a population of 
 fifty thousand, and at such other places as might be 
 thought best. In 1873, letter carriers were authorized 
 in all places containing not less than twenty thousand 
 inhabitants. The postage on drop letters is two cents 
 in places where there is free delivery; in other places, 
 one cent. 
 
 Letters unclaimed for a certain time are advertised; 
 if not called for, they are sent to the Dead-letter Office. 
 Here they are opened and returned to the writers. 
 During the year ending June 30th, 1872, there were 
 4,241,374 dead letters. The name and address of the 
 writer upon the envelope secures its return to him if 
 not called for. 
 
 The franking privilege, or privilege of sending and 
 receiving mail matter free, was formerly enjoyed by 
 the President, Vice-President, the Cabinet officers, the 
 Members of the Senate and House of Representatives, 
 
THE CONSTITUTION. 1. VIII. 7. 
 
 the Delegates from the Territories, and some others. 
 In general, it was limited to the term of office, but 
 Senators and Representatives could retain it till the 
 December following the expiration of their term. To 
 each of the first four Presidents it was voted for the 
 remainder of his life, and subsequently it was con 
 ferred for life on all Ex-Presidents. It has also been 
 voted to the widows of the Presidents during their 
 lives. In February, 1873> the franking privilege was 
 abolished, the act to take effect the first of July fol 
 lowing. Modifications have since been made. The act 
 of March, 1877, provides that letters and packages on 
 government business may be sent free from the depart 
 ments, and that Senators and Representatives may re 
 ceive and send all documents printed by Congress. 
 
 Mail Routes. Obstruction of the mails is forbidden 
 under heavy penalties, as is the carrying of mail 
 matter outside of the mails by public carriers. 
 
 In 1825 it was enacted, "That no other than a free 
 white person shall be employed in conveying the mail; 
 and any contractor who shall employ, or permit, any 
 other than a free white person to convey the mail, 
 shall, for every such offense, incur a penalty of twenty 
 dollars." This disqualification continued for forty years; 
 it was removed March 3d, 1865. 
 
 The power to establish post-roads has been inter 
 preted to include the power of making internal im 
 provements. In 1803, Congress authorized three per 
 cent of the net proceeds of the sale of public lands in 
 the State of Ohio to be paid to that State for the 
 construction of roads. In 1806, an act was passed for 
 the construction of the Cumberland Road more com 
 monly called the National Road from the River Poto 
 mac to the Ohio. Both these acts were approved by 
 Mr. Jefferson, as President, though in one of his mes 
 sages he expresses the opinion that Congress, under 
 the Constitution, does not possess the power of making 
 
1. VIII. 8. COPYRIGHTS AND PATENTS. 119 
 
 roads. While doubting the existence of the power, he 
 appeared to favor an amendment to the Constitution 
 conferring it upon Congress. 
 
 As the object of granting to Congress the power to 
 establish post offices and post-roads was to give them 
 the control of the transmission of correspondence, it is 
 claimed that the electric telegraph should be managed 
 by the government. The control over this agency, it 
 is said, can be abdicated by the government with no 
 more propriety than that over correspondence by rail 
 road or steamboat. The subject was referred to com 
 mittees in the Forty-second Congress, and favorably 
 reported on. The plan proposed provides that tele 
 grams be received and distributed through the post- 
 office, and transmitted like other postal matter by 
 parties owning and operating the lines, and contract 
 ing to perform the service at rates fixed by Congress. 1 
 
 Clause 8. To promote the progress of science and 
 useful arts, by securing, for limited times, to authors and 
 inventors the exclusive right to their respective writings 
 and discoveries. 
 
 This clause authorizes Congress to issue copyrights to 
 authors, and patents to inventors. There is no limita 
 tion to science in the strict sense of the word, nor to 
 the useful as distinguished from the fine arts. All 
 books, maps, charts, musical compositions, engravings, 
 photographs (or negatives), chromos, statues, etc., what 
 ever the subject may be, are included, and so are all 
 inventions. There are many copyrights and patents 
 issued which promote the progress neither of science 
 nor of the useful arts. But there can be no question 
 as to the propriety of giving to authors and inventors 
 the exclusive right for a limited time to their works. 
 
 Copyrights. In England authors have rights to their 
 
 1 North American Review, July, 187S. 
 
120 THE CONSTITUTION. 1. VIII. 8. 
 
 works by common law as well as by statute; but in 
 this country the right is derived entirely from legisla 
 tion. Prior to the adoption of the Constitution, the 
 States granted copyrights, and the first act of Congress 
 on the subject recognized the rights thus granted. The 
 first law was enacted in 1790, and gave to the authors 
 the exclusive right to their works for fourteen years, 
 with liberty of renewal for a like period. In 1831 the 
 term was made twenty-eight years, with the right to 
 renew for fourteen years longer. If the author has died, 
 the renewal may be made by the widow or children. 
 
 A copyright is obtained as follows: A printed copy 
 of the title of the book, or a description of the paint 
 ing or other article for which a copyright is desired, 
 must be sent to the Librarian of Congress, and within 
 ten days from the publication two copies of the book, 
 or a photograph of the painting, must be sent to the 
 said Librarian. In every copy of the book there must 
 be entered on the title page, or the page following, 
 the words "Copyright, 18 , by A. B." The copyright 
 now issued by the Librarian of Congress was formerly 
 issued by the Clerk of the District Court of the United 
 States the present law having been enacted in July, 
 1870. In books printed early in the century, the 
 copyright entry on the page following the title page 
 was full and formal, sometimes covering the entire 
 page. 
 
 The copies of books and other articles for which 
 copyrights were obtained were kept in the Department 
 of State till 1859, when they were transferred to the 
 Department of the Interior. In 1870, they were placed 
 under the control of the Librarian of Congress. When 
 the Smithsonian Institution was established in 1846, 
 Congress provided that a copy of every book for which 
 a copyright was granted should be placed in the library 
 of that institution, and another copy in the Congres 
 sional Library. These seem to have been in addition to 
 
1. VIII. 8. COPYRIGHTS AND PATENTS. 121 
 
 the copy deposited with the Clerk of the District Court 
 when the copyright was obtained. In 1859 the pro 
 vision as to the copy for the library of the Smith 
 sonian Institution was repealed. Two copies are now 
 sent to the Librarian of Congress, as stated above. 
 During the year ending December 1st, 1877, copyrights 
 were entered for 4,476 volumes of books, and for 3,518 
 pamphlets and periodicals. The whole number of 
 copyrights entered during the year was 13,979. 
 
 If there are different editions of the work issued at 
 the same time, the two copies deposited must be of 
 the best edition; a copy of every subsequent edition 
 in which any substantial changes are made must also 
 be sent. The penalty for failure to send these copies 
 is twenty-five dollars. 
 
 A copyright is assignable in law, but the assign 
 ment must be recorded in the office of the Librarian 
 of Congress within sixty days. The mode of securing 
 a renewal of a copyright is the same as for obtaining 
 the original; it must be done within six months be 
 fore the expiration of the first term. 
 
 The subject of international copyright has been dis 
 cussed with much earnestness by authors and publish 
 ers, and organizations have been formed for the pur 
 pose of securing the necessary legislation. Thus far, 
 however, there has been no action of Congress on the 
 subject. 
 
 Patents. Provision was made by Congress in 1790 
 for giving to inventors the exclusive right to their 
 discoveries. From that time to the present, patents 
 have been issued, the number increasing each year. 
 At first, applications for patents were made to the 
 Secretary of State, and the decision was made by a 
 Board, consisting of the Secretary of State, the Secre 
 tary of War, and the Attorney-General. In 1793 the 
 Secretary of State alone was authorized to issue patents. 
 In 1836, an office, or bureau, was created in the Depart- 
 C. G. 11. 
 
122 THE CONSTITUTION. 1. VIII. 8. 
 
 ment of State, under the name of the Patent Office, 
 the chief officer being styled the Commissioner of 
 Patents. From that time, patents have been issued 
 by the Commissioner. The Patent Office was trans 
 ferred to the Department of the Interior in 1849, 
 when this latter department was created. Originally 
 patents were signed by the President of the United 
 States; then by the Secretary of State and the Com 
 missioner of Patents; now by the Secretary of the In 
 terior and the Commissioner. 
 
 The term for which a patent was valid w r as fourteen 
 years originally, but in 1870 it was made seventeen 
 years. It is competent for Congress to extend the 
 time of a patent, whether application be made before 
 or after the expiration of the original term. In 1836 
 the power to extend for seven years if the patentee 
 had failed to receive a suitable return for his time, 
 ingenuity, and expense, was conferred on a Board, con 
 sisting of the Secretary of State, the Commissioner of 
 Patents, and the Solicitor of the Treasury. But such 
 extension must be granted before the expiration of 
 tho time for which the patent was originally issued. 
 Since 1848 the power to extend in such cases has been 
 exercised by the Commissioner. 
 
 Prior to the formation of the Constitution the issu 
 ing of patents, as well as the granting of copyrights, 
 was lodged in the several States. But while copyrights 
 were granted, at least in some of the States, by general 
 legislation, no patents were issued except by special 
 legislative acts. 1 
 
 When application is made for a patent, a model of 
 the article is required to be deposited in the Patent 
 Office. There has gradually been gathered in this way 
 a vast collection of models and specimens, making 
 the Patent Office at Washington a place of resort to 
 
 1 Curtis, II, p. 339. 
 
1. VIII. 8. PATENTS. 
 
 123 
 
 most who visit the national Capital. In 1836 the build 
 ing in which these were contained was burned, and 
 many of the models were destroyed ; but Congress made 
 an appropriation of one hundred thousand dollars to 
 procure duplicates of those which were the most valu 
 able. The present buildings extend over two entire 
 blocks of the city of Washington. 
 
 Patents may be granted for designs and trade-marks, 
 as well as for machines. Designs may be patented for 
 three years and six months, for seven years, or for 
 fourteen years; and trade-marks may be patented for 
 thirty years. 
 
 The applicant for a patent must make oath that he 
 believes himself to be the original inventor of that for 
 which he seeks a patent; he must file a full description 
 of the same, and. in all cases admitting it, must present 
 drawings and a model. A prior patent in a foreign 
 country does not debar him from receiving a patent 
 here, provided the invention shall not have been intro 
 duced into public use in the United States for more 
 than two years prior to the application. 
 
 If one has made a discovery or invention, but wishes 
 to mature it, he may file a caveat, setting forth its char 
 acter, and praying for protection of his right until he 
 can mature the invention. Should another apply with 
 in a year for a patent covering the same ground, notice 
 is given to the first applicant, who must file his de 
 scription, etc., within three months. 
 
 The fees in the Patent Office are, on filing the appli 
 cation for a patent, fifteen dollars; on issuing the pat 
 ent, twenty dollars; on filing a caveat, ten dollars; on 
 application for extension of a patent, fifty dollars; on 
 granting an extension, fifty dollars. The fees for pat 
 ents for designs are, for three years and a half, ten dol 
 lars ; for seven years, fifteen dollars : for fourteen years, 
 thirty dollars. The fee for protection for a trade-mark 
 is twenty-five dollars. The first law regulating patents, 
 
124 THE CONSTITUTION. 1. VIII. 8. 
 
 passed in 1790, made the fees very small about four dol 
 lars. But in 1793 it was provided that every inventor 
 should pay thirty dollars before presenting his petition. 
 The receipts of the Patent Office are usually more 
 than the expenditures, though there are exceptional 
 years. Over 330,000 applications for patents have been 
 filed since 1836, and about 219,000 patents have been 
 granted. Comparing the years 1840 and 1877, we find 
 a very remarkable increase. Thus in 1840 the applica 
 tions were 765, and in 1877 the number was 20,308; in 
 1840, patents issued, 473; in 1877 the number was 
 13,619; in 1840 the caveats filed were 228; in 1877 
 they were 2,809 ; in 1840 the receipts and expenditures 
 were, respectively, $38,056 and $39,020; in 1877 they 
 were $732,342 and $613,152, the excess of the receipts 
 over the expenditures being $119,190. 
 
 The Commissioner of Patents makes an annual re 
 port, giving, among other tilings, a list and description 
 of all patents granted, with the names of the patentees. 
 Drawings of all the inventions are also published. 
 These Patent Office Reports now form many volumes, 
 and constitute a record of the industrial progress of the 
 country. For a number of years prior to 1863, one vol 
 ume of the annual report was devoted to Agriculture ; 
 but in 1862 a Department of Agriculture was estab 
 lished, with a Commissioner at the head of it; and an 
 annual report on Agriculture is issued by this Commis 
 sioner. In 1871 the publication of the specifications 
 and engravings was discontinued, in connection with 
 the annual report of the Commissioner of Patents, and 
 a weekly Gazette substituted. 
 
 Patents are assignable, but the assignment must be 
 recorded in the Patent Office. All patentees, and those 
 making or selling patented articles under them, must 
 cause the word " patented," with the date of the patent, 
 to be affixed to each article, that the public may have 
 notice of its character. 
 
1. VIII. 0. PIRACY. 125 
 
 Clause 0. To constitute tribunals inferior to the Su 
 preme Court. 
 
 The Constitution itself provides for the Supreme 
 Court (Art. Ill), but leaves to Congress the question 
 of the inferior courts. Congress, at its first session, es 
 tablished two tribunals inferior to the Supreme Court, 
 called the Circuit and District Courts; and these three 
 still constitute the judiciary of the United States. In 
 1855 the Court of Claims was established, which hears 
 and determines claims on the government. All these 
 will be considered under Article III. 
 
 Clause 10. To define and punish piracies and felonies 
 committed on tfie high seas, and offenses against the law 
 of nations. 
 
 Piracy is robbery at sea. The common law recognizes 
 and punishes it as an offense against the universal law 
 of nations; a pirate being deemed an enemy of the hu 
 man race. The Continental Congress, in 1781, declared 
 death to be the punishment for piracy. In 1790 an act 
 was passed by Congress providing for the same punish 
 ment. In 1820 Congress passed an act which declared 
 it to be piracy to land on a foreign shore and seize ne 
 groes or mulattoes, or decoy them on board vessels, with 
 intent to make them slaves. 
 
 At common law that was considered felony which oc 
 casioned the forfeiture of lands 1 and goods, and for 
 which the punishment of death might also be inflicted. 
 Capital punishment does not necessarily enter into 
 the definition of felony, yet the idea of felony is so 
 generally connected with that of capital punishment 
 that it is difficult to separate them. 1 
 
 By high seas is meant, in general terms, the ocean, 
 including the waters along the coast beyond low-water 
 mark. 
 
 tiffany, p. 241. 
 
126 THE CONSTITUTION. 1. VIII. 11. 
 
 A nation is responsible for its citizens, and must pun 
 ish them if they interfere with the rights of other na 
 tions ; otherwise there will be retaliation, and friendly 
 relations will be disturbed. The Constitution, there 
 fore, gives to Congress authority to define and punish 
 offenses against the law of nations. 
 
 Clause 11. To declare war, grant letters of marque 
 and reprisal, and make rules concerning captures on land 
 and water. 
 
 The power to declare war belongs to the sovereignty 
 of a nation. It is one of the highest acts which any 
 government can perform, involving interests of the 
 greatest importance, and affecting the property and 
 lives of the people. In Great Britain the power to de 
 clare war is the exclusive prerogative of the Crown. 
 Mr Pinckney proposed in the Convention that it 
 should be in the Senate; so Mr. Hamilton also; Mr. 
 Butler proposed that it should be in the President. 
 
 In one of the two wars in which the United States 
 has been engaged there was a formal declaration of 
 war; in the other, war was recognized as already exist 
 ing. Thus, in 1812, it was enacted, "That war be and 
 the same is hereby declared to exist between the United 
 Kingdom of Great Britain and Ireland and the depend 
 encies thereof, and the United States of America and 
 their territories." 1 And, in 1846, the preamble of the 
 act of Congress says, " Whereas, by the act of the Re 
 public of Mexico, a state of war exists between that 
 government and the United States." In 1798 Congress 
 declared the United States to be freed and exonerated 
 from the stipulations of the treaties with France, be 
 cause that power had repeatedly violated the treaties 
 
 1 The act is entitled " An Act declaring war between the United 
 Kingdom of Great Britain, etc., and the United States of America 
 and their territories." 
 
1. VIII. 11. THE POWER TO DECLARE WAR. 127 
 
 and refused all reparation. A few days later an act 
 was passed, authorizing the President to instruct the 
 commanders of armed vessels to capture any French 
 armed vessels. 
 
 In the case of Great Britain only, was there a formal 
 declaration of war by Congress. In the other cases a 
 state of hostilities was recognized, making hostile meas 
 ures on our part necessary. The war of the Southern 
 Rebellion was neither declared nor formally recognized, 
 although hostilities commenced some months before 
 Congress met. The rebellion as an existing fact is 
 scarcely alluded to in any of the several acts passed 
 at the special session convened in July, 1861. The 
 language is hypothetical : " Whenever it shall, in the 
 judgment of the President, by reason of unlawful com 
 binations of persons in opposition to the laws of the 
 United States, become impracticable to execute the 
 revenue laws," etc. "If two or more persons within 
 any State or Territory shall combine together to over 
 throw the government of the United States," etc. There 
 is an act to provide for the payment of the militia and 
 volunteers called into the service of the United States, 
 but against what enemy the act does not say. The most 
 distinct recognition of the rebellion is in a section of 
 an act to increase the military establishment of the 
 United States. It is declared that this increase is "for 
 service during the existing insurrection and rebellion." 
 So in the preamble to an act for calling out the national 
 forces, passed March 3d, 1863. 
 
 The word marque signifies landmark or boundary, and 
 letters of marque denote the commission issued to a 
 private person, authorizing him to pass the frontier and 
 take the persons or property of the subjects of another 
 nation from which injury has been received. The word 
 reprisal, meaning a retaking, indicates the purpose for 
 which the commission is issued. A vessel bearing such 
 letters is called a privateer. Without this authority 
 
128 THE CONSTITUTION. 1. VIII. 12. 
 
 the seizing of men and goods would be piracy. The 
 law of nations recognizes the right of one nation to 
 take this mode of obtaining redress from another. 
 Oftentimes letters of marque and reprisal are issued 
 before a declaration of war. They may prevent a war, 
 or they may occasion it. 
 
 The rules concerning captures are not limited to those 
 made beyond the nation s territory, but apply also to 
 the property of enemies found within the territory. 
 The Supreme Court has decided that these rules are 
 an express grant to Congress of the power of confisca 
 ting enemy s property found within the territory at the 
 declaration of war. 1 
 
 Clause 12. To raise and support armies, but no appro 
 priation of money to that use shall be for a longer term 
 than tivo years. 
 
 Under the Articles of Confederation, Congress could 
 declare war, but they could not raise armies. They had 
 power only " to agree upon the number of land forces, 
 and to make requisitions from each State for its quota, 
 in proportion to the number of white inhabitants of 
 such State." 2 " The experience of the whole country, 
 during the Revolutionary War, established, to the satis 
 faction of every statesman, the utter inadequacy and 
 impropriety of this system of requisition. It was 
 equally at war with economy, efficiency, and safety." 3 
 
 This clause gives the power to raise and support a 
 standing army, or "the military peace establishment 
 of the United States," and the large armies necessary 
 in times of war. Three times in our national history, 
 since the war of the American Revolution, has it been 
 necessary to call out large bodies of men : in the war 
 with Great Britain in 1812, in that with Mexico in 
 
 1 8 Cranch, p. 110. 2 Articles of Confederation, Art. IX. 
 
 3 Judge Story. 
 
1. vi IT. 12. THE REGULAR ARMY. 129 
 
 1846, and during the late rebellion. The number of men 
 called into the service of the government in the war of 
 the rebellion was vastly greater than in either of those 
 preceding. There were over a million of men in the 
 Army of the United States at the close of the rebellion. 
 
 There was a small standing army at the time the 
 Constitution was formed. The organization has been 
 continued to this time. By act of Congress of Juty, 
 1866, the regular army was to consist of five regiments 
 of artillery, ten of cavalry, and forty-five of infantry. 
 Of general officers there were one General, one Lieu- 
 tenant-General, five Major-Generals, and ten Brigadier- 
 Generals. The army has been largely reduced since 
 1866. In 1871 it consisted of 30,000 men, and in 1874 
 it was reduced to 25,000. It was also provided that no 
 new appointments should be made of Major-Generals 
 or of Brigadier-Generals till the number should be be 
 low three and six respectively; and that then the num 
 ber of Major-Generals should not exceed three, or that 
 of Brigadier-Generals exceed six. 
 
 It was also provided that the offices of General and 
 Lieutenant-General should cease with the present of 
 ficers. The office of Lieutenant-General was created in 
 1798, and General Washington received the appoint 
 ment. The office of General was created in 1799, and 
 abolished in 1802. In 1855, the office of Lieutenant- 
 General was revived that it might be conferred by 
 brevet on General Winfield Scott. In 1864 General 
 Ulysses S. Grant was appointed Lieutenant-General, 
 and became the highest military officer under the Pres 
 ident. The office of General was revived in 1866, and 
 General Grant was appointed to the office. Major-Gen 
 eral William T. Sherman was then appointed Lieuten 
 ant-General. On the election of General Grant to the 
 Presidency, Lieutenant-General Sherman was made Gen 
 eral, and Major-General Philip .H. Sheridan Lieutenant- 
 General. 
 
130 THE CONSTITUTION. 1. VIII. 13. 
 
 The appropriation is limited to two years, which is 
 the Congressional term. This gives the virtual control 
 of the army to the people. 
 
 Clause 13. To provide and maintain a navy. 
 
 There was no opposition in the Convention to giving 
 to Congress this power, but in some of the State Conven 
 tions much hostility was manifested. The Department 
 of the Navy was not established till 1798; the general 
 charge of the naval forces and the matters pertaining 
 to naval affairs having been up to that time committed 
 to the Department of War, which had been established 
 in 1789. It was not till the brilliant naval achieve 
 ments during the war with Great Britain that all 
 jealousy disappeared, and the desire to make our navy 
 equal to that of other nations was manifested by the 
 whole nation. With such an immense sea-coast on both 
 oceans, and with so great a commerce with all nations, 
 the United States needs a strong naval force for the 
 protection of our maritime interests. 
 
 The Navy Department has been, from its establish 
 ment in 1798, under the charge of a Secretary. In 
 July, 1861, provision was made for an Assistant Secre 
 tary, but the office was abolished in March, 1869. 
 
 By the report of the Secretary, in November, 1876, 
 the Navy consisted of 146 ships of all classes. Exclu 
 sive of howitzers and gatlings. they carry 1142 guns. 
 Of these vessels, 75 are in actual use. 
 
 The number of persons authorized to be enlisted 
 into the Navy, including seamen, landsmen, and me 
 chanics, as also apprentices and boys, is seven thou 
 sand five hundred. The Marine Corps, which consists of 
 those who are trained to serve on land as well as on 
 vessels of war, numbers twenty-five hundred privates, 
 with nearly seven hundred officers, including musi 
 cians. The highest officer of the Marines has the rank 
 and pay of a Brigadier-General. 
 
l.VIII. 14. THE NAVY. 131 
 
 The officers of the Navy are as follows, with their 
 rank corresponding to that of officers of the Army: 
 
 Navy. Army. 
 
 Admiral. General. 
 
 Vice- Admiral. Lieutenant-General. 
 
 Rear-Admiral. Major-General. 
 
 Commodore. Brigadier-General. 
 
 Captain. Colonel. 
 
 Commander. Lieutenant-Colonel. 
 Lieutenant-Commander. Major. 
 
 Lieutenant. Captain. 
 
 Master. First Lieutenant. 
 
 Ensign. Second Lieutenant. 
 
 Until 1862, the office of Captain was the highest 
 recognized by law. A Captain commanding two or 
 more ships was called a Commodore by custom, and 
 this title, when once applied to an officer, was usually 
 continued. 1 In 1862 the offices of Rear-Admiral and 
 Commodore were created, in 1864 that of Vice- Admiral, 
 and in 1866 that of Admiral. By act of January 24th, 
 1873, Congress provides that when the offices of Ad 
 miral and Vice- Admiral become vacant, the grades 
 shall cease to exist. The present Admiral (1877) is 
 David D. Porter; and the Vice- Admiral, Stephen C. 
 Rowan. There are twelve Rear-Admirals and twenty- 
 five Commodores. 
 
 Clause 14. To make rules for the government and 
 regulation of the land and naval forces. 
 
 The power to declare and carry on war involves that 
 of providing armies and navies, and that of governing 
 the forces thus raised. Rules for the government of 
 these forces have been made by Congress in accord 
 ance with this clause. In 1806, 2 an act was passed 
 
 Gillet s Federal Government, p. 335. 2 April 10th. 
 
132 THE CONSTITUTION. 1. VIII. 14. 
 
 establishing the Rules and Articles of War for the 
 government of the Army. Every officer must subscribe 
 these articles, in number a hundred and twenty-eight; 
 they are read to every recruit at the time of enlist 
 ment, and they are read and published every six months 
 to every garrison, regiment, troop, or company. 
 
 An act for the government of the Navy was first 
 passed in 1799, 1 but it was repealed the next year and 
 a new one passed. 2 The rules now in force were enacted 
 in 1862. 3 For minor offenses the commanding officer 
 may inflict such punishments as reprimand, suspen 
 sion from duty, arrest or confinement, neither of which 
 shall continue longer than ten days, except a further 
 period be necessary to bring the offender to a Court 
 Martial. For greater offenses, both in the army and 
 navy, a trial is held before a Court Martial, and such 
 punishments may be inflicted as the Court may pro 
 nounce, even to the taking of life. Until 1850, flog 
 ging was one of the punishments inflicted in the navy, 
 but by act of the twenty-eighth of September of 
 that year it was abolished in the navy and on board 
 vessels of commerce. Flogging in the army was pro 
 hibited in 1812, but in 1833 an exception was made 
 in the case of desertion. In 1861, 4 however, it was 
 abolished. 
 
 Having thus two classes of Courts, civil and military, 
 each of which is clothed with authority to sentence to 
 the severest punishments, the country will be liable 
 to a conflict of jurisdiction, especially in time of war. 
 But it must not be forgotten that the two Courts are 
 alike established by law. They owe their authority to 
 the same source. The Court Martial has no power 
 save what is given to it by Congress in accordance 
 with the Constitution, and within its own jurisdiction 
 its power is as legitimate as that of the civil Court. 
 
 March 2d. 2 April 23d, 1800. 3 Jnly 17th. 4 August 5th. 
 
1. VIII. 15. THE MILITIA. 133 
 
 Clause 15. To provide Jor calling forth the militia to 
 execute the laws of the Union, suppress insurrections, 
 and repel invasions. 
 
 Clause 16. 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 appoint 
 ment of the officers, and the authority of training the 
 militia according to the discipline prescribed by Congress. 
 
 The militia are distinguished from the regular army. 
 They are the citizen soldiers of the country, liable to be 
 called out in cases of emergency. These clauses virtu 
 ally give Congress the whole power in regard to the 
 militia. In 1792 l an act was passed "to provide for 
 the national defense by establishing a uniform militia 
 throughout the United States." It provided for the en 
 rolling of " every free able-bodied white male citizen 
 of the respective States" between the ages of eighteen 
 and forty -five. The act of March 2d, 1867, provided 
 for the enrolling of negroes by striking out the word 
 "white" from the act of 1792. In 1863, 2 Congress en 
 acted that all citizens, and those who have declared 
 their purpose to become such, between the ages of 
 twenty and forty-five, shall constitute the national 
 forces, and shall be liable to perform military duty in 
 the service of the United States when called out by 
 the President for that purpose. 
 
 A law providing for calling forth the militia in 
 accordance with Clause 15 was passed in 1792. 3 An 
 amended act was passed in 1795, 4 which is still in 
 force. This law authorized the President to call out 
 the militia, for the purposes specified, as he might 
 judge necessary. The militia, when in the service of 
 the United States, were to be subject to the same 
 
 May 8th. 2 March 3d. 3 May 2d. 4 February 28th. 
 
134 THE CONSTITUTION. 1. V11I. 16. 
 
 articles of war as the regular troops, and their time 
 of service could not exceed three months in any one 
 year. In 1862 l this time was extended to nine months; 
 and it was provided, if the militia had not been en 
 rolled in any State, that the President might make 
 all necessary rules and regulations for doing it. 
 
 The militia have been called out three times in the 
 history of the country. The first was at the insurrec 
 tion in the western counties of Pennsylvania, known 
 as the Whisky Rebellion." A portion of the inhab 
 itants had opposed the execution of the laws imposing 
 duties on domestic spirits, and this opposition was at 
 length carried so far as to render necessary the inter 
 position of force. On the seventh of August, 1794, the 
 President issued a proclamation, commanding the in 
 surgents to disperse, and at the same time made requi 
 sitions on the governors of New Jersey, Pennsylvania, 
 Maryland, and Virginia, for their quotas of twelve 
 thousand men. The number was afterwards increased 
 to fifteen thousand. On the twenty-fifth of September 
 another proclamation was issued, declaring the neces 
 sity of putting the force in motion. By this energetic 
 action of the President the insurrection was quelled 
 without bloodshed. 2 In his next message to Congress 
 the President recommended a revision of the militia 
 law, which was made in 1795. 
 
 The militia were again called out in 1812, in the war 
 with Great Britain. In this case it was to "repel 
 invasions." 
 
 Though the President was authorized, by act of 
 Congress May 13th, 1846, to employ the militia, as well 
 as the naval and military forces, and to accept the serv 
 ices of volunteers, in the prosecution of the war with 
 
 T July 17th. 
 
 2 Marshall s Life of Washington, Vol. V, Chap, viii ; Pitkin s 
 Pol. and Civil Hist, of the U. S., Vol. IT, Chap, xxiii. 
 
1. VIII. 17. THE DISTRICT OF COLUMBIA.. 135 
 
 Mexico, the militia were not called out. The troops 
 furnished by the several States were all volunteers. 
 
 The third instance in which the militia were called 
 out was in the war of the rebellion in 1861. The first 
 jail was by proclamation of President Lincoln on the 
 fifteenth of April, 1861, for "the militia of the several 
 States of the Union to the aggregate number of seventy- 
 five thousand, in order to suppress said combinations, 
 and to cause the laws to be duly executed." The Pres 
 ident, by order dated August 4th, 1862, called for a 
 draft of 300,000 militia to serve for nine months. And 
 again June 15th, 1863, he called for 100,000 militia from 
 the States of Maryland. Pennsylvania, Ohio, and West 
 Virginia, to serve six months. Thus in the late civil 
 
 o 
 
 war there were three calls for the militia as such, to the 
 number of 475,000 men. This was but a small part of 
 the number in the service, the others being called for 
 as volunteers. The whole number mustered into the 
 service of the United States in the four years from 
 April, 1861, was 2,656,553. 
 
 Clause 17. To exercise exclusive legislation in all cases 
 whatsoever, over such district (not exceeding ten miles 
 square) as may, by cession of particular States, and the 
 acceptance of 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. 
 
 The district for the government of which provision 
 is here made was ceded to the United States by Mary 
 land and Virginia, and accepted by Congress July 16th, 
 1790. Maryland made the cession of that part lying 
 east of the Potomac in December, 1788, and Virginia 
 
 1 Report of Secretary of War, Nov., 1866. 
 
136 THE CONSTITUTION. 1. VIII. 17. 
 
 the part west of the Potomac in December, 1789. The 
 act of Congress accepting the cession provides "that a 
 district of territory not exceeding ten miles square, to 
 be located on the river Potomac, at some place between 
 the mouths of the Eastern Branch and Connogochegue, 
 be, and the same is hereby accepted, for the permanent 
 seat of government of the United States." The precise 
 location was to be determined under the direction of 
 the President by commissioners to be appointed by him. 
 
 The act further provided that prior to the first Mon 
 day of December of that year 1790 all the govern 
 ment offices should be removed to Philadelphia from 
 New York, where Congress was then in session, and 
 should remain there until the first Monday of Decem 
 ber, 1800, when they were to be removed to the per 
 manent seat of government. The Continental Congress 
 held their sessions in New York from January, 1785, 
 till the Constitution was adopted, and the first Congress 
 under the Constitution held the first two of its three 
 sessions there. Thus the seat of government was at 
 New York from March 4th, 1789, till the close of the 
 second session of the first Congress, then at Philadel 
 phia for ten years, and has been at Washington since 
 December, 1800. 
 
 The original District of Columbia was ten miles 
 square, its boundary lines running N. E., S. E., S. W., 
 and X. W. It was divided into two counties, Wash 
 ington east of the Potomac, and Alexandria west. In 
 July, 1846, the latter was retroceded to Virginia. 
 
 The necessity of exclusive power on the part of Con 
 gress at the seat of government is abundantly manifest. 
 Without it, the officers of the government might be 
 interrupted in their duties, the public archives and 
 other property injured, and Congress itself insulted. 
 When the Continental Congress was in session at 
 Philadelphia, the building where they were in session 
 was surrounded by some mutinous soldiers, clamoring 
 
1. VIII. 17. THE DISTRICT OF COLUMBIA. 137 
 
 for their pay. The executive government of that State 
 not giving to Congress adequate protection, that body 
 immediately adjourned to Princeton, N. J. 
 
 No less necessary is it that the general government 
 should have exclusive control of the places where forts, 
 arsenals, etc., are erected. 
 
 The district in which the seat of government is lo 
 cated is obtained by cession from the State. The other 
 places mentioned in the clause are purchased with the 
 consent of the legislature of the State where they are 
 located. In whichever manner acquired, the districts 
 are under the exclusive control of Congress. They hold 
 to the government the same relation as the territories 
 do. There is no transfer of political power from the 
 State to the general government. The latter does not 
 exercise legislation by virtue of any authority derived 
 from the States, but by virtue of the general powers 
 granted by the Constitution. It was claimed, in a case 
 before the Supreme Court, that Congress, when acting 
 under this clause, must be considered as a mere local 
 legislature, and not as administering the supreme law 
 of the land. " But the Supreme Court held directly the 
 contrary that the power belonged to Congress as the 
 legislature of the Union; for strip them of that charac 
 ter, and they would not possess it. In no other charac 
 ter can it be exercised. * * * Congress is not a 
 local legislature, but exercises this particular power, 
 like all its other powers, in its high character, as the 
 legislature of the Union. " l 
 
 "The efficiency of the government is all derived 
 from the Constitution, and is equal in all places with 
 in its jurisdiction. It is supreme every-where. It is 
 inclusive of all subordinate governments, where there 
 are any, and exclusive where there are none. It is 
 permanently exclusive, if there can be no other. It is 
 
 Farrar, p. 360; 5 Wheaton, p. 317. 
 C. G. 12, 
 
1 38 THE CONSTITUTION. 1. VIII. 17, 
 
 temporarily exclusive, till a subordinate is instituted. 
 It becomes exclusive again, if a subordinate is extinct, 
 whether by right or by wrong ; and it remains exclusive, 
 when it is so, till a subordinate is rightfully restored." 1 
 
 As direct taxes are by Article I, Section 2, Clause 3, 
 to be apportioned among the several States according 
 to their respective numbers, it might be thought that 
 the inhabitants of the District of Columbia would be 
 exempt. But the Supreme Court has decided that Con 
 gress has the power to levy a direct tax on the District 
 of Columbia, and also upon the territories. Congress 
 is not bound to do it, but the power is possessed, quali 
 fied in the same manner as in regard to the States ; i. e., 
 the tax must be in proportion to the population. A 
 direct tax was levied upon the States in January, 1815. 
 In February of the same year a tax was levied on the 
 District of Columbia. The direct tax of $20,000,000 
 a year, according to act of August, 1861, included 
 the District of Columbia, and all the territories then 
 existing. 
 
 In the cessions to Congress under this clause, there 
 has generally been a reservation of the right to serve 
 State process, civil and criminal, upon persons found 
 therein. Thu,s these places can not be made sanctuaries 
 for fugitives. 
 
 On the sixteenth of April, 1862, slavery was abolished 
 in the District of Columbia by act of Congress. At the 
 same session of Congress (the second of the Thirty- 
 seventh Congress), an act was passed declaring that 
 there should be neither slavery nor involuntary servi 
 tude in any of the territories then existing, or which 
 should be formed thereafter. In the District of Colum 
 bia provision was made to remunerate loyal owners for 
 the slaves thus set free, not exceeding $300 each in the 
 aggregate. 
 
 , p. 363. 
 
1. VIII. 18. THE DISTRICT OF COLUMBIA. 139 
 
 In 1871 a territorial government was established for 
 the District. It provided for a Governor, Secretary, 
 Council (upper legislative house), Board of Health, and 
 Board of Public Works, to be appointed by the Presi 
 dent and Senate. There was a House of Delegates to 
 be elected by the people. In 1874 the act was repealed, 
 and until a new system could be framed, the govern 
 ment was entrusted to three Commissioners, to be ap 
 pointed by the President and Senate. 
 
 In 1878 a new act was passed placing the government 
 under a Board of three Commissioners; two to be ap 
 pointed by the President and Senate for three years ; 
 and the third, an officer of the Corps of Engineers of 
 the army, to be detailed by the President. These Com 
 missioners have general charge of the municipal inter 
 ests of the District, appointing the police, firemen, 
 school trustees, and all other officers. They submit 
 each year to the Secretary of the Treasury a detailed 
 estimate of expenses, which on his approval, is trans 
 mitted to Congress. If Congress approves the estimate, 
 one-half the amount is appropriated from the general 
 treasury, and the other half is assessed upon the taxa 
 ble property of the District. 
 
 Clause 18. To make all laws which shall be neces 
 sary and proper for carrying into execution the foregoing 
 powers, and all other powers vested by this Constitution in 
 the government of the United States, or in any department 
 or officer thereof. 
 
 This, in substance, was in Mr. Pinckney s plan. The 
 Committee of Detail reported it as it is now, and so 
 did the Committee of Revision. There was no opposi 
 tion or discussion in the Convention, but great oppo 
 sition was made in the State Conventions. Patrick 
 Henry often speaks of it as "the sweeping clause," by 
 which Congress was to overthrow the States. Those 
 
140 THE CONSTITUTION. 1. VIII. 18. 
 
 opposed to the Constitution assailed it with great 
 vehemence, and endeavored, through the prejudice ex 
 cited, to prevent the Conventions of the States from 
 ratifying the Constitution. Mr. Randolph s plan in 
 relation to the powers of Congress was that " The Na 
 tional legislature ought to be empowered to enjoy the 
 legislative rights vested in Congress by the Confedera 
 tion; and moreover to legislate in all cases to which 
 the separate States are incompetent, or in which the 
 harmony of the United States may be interrupted by 
 the exercise of individual legislation; to negative all 
 laws passed by the several States contravening, in the 
 opinion of the National legislature, the Articles of 
 Union, or any treaty subsisting under the authorit}^ of 
 the Union." This was agreed to in Committee of the 
 Whole. 1 The clause as to the power of Congress to 
 veto State laws was lost in the Convention, five States 
 voting for it, and six against it. Mr. Madison ear 
 nestly supported it. 
 
 Writers on Constitutional Law agree that Congress 
 would have had ample authority to make all laws 
 necessary and proper for carrying into execution the 
 powers vested in the general government by the Con 
 stitution, even if this clause had not been inserted. 
 If the Constitution provides for a government, and in 
 vests it with powers, it follows as an unavoidable in 
 ference that the legislative department of that govern 
 ment can make the laws needful for carrying those 
 powers into execution. Mr. Madison says, 2 " Few parts 
 of the Constitution have been assailed with more in 
 temperance than this; yet, on a fair investigation of 
 it, as has been elsewhere shown, no part can appear 
 more completely invulnerable. Without the substance 
 of this power, the whole Constitution would be a dead 
 letter." He proceeds to show the folly of attempting 
 
 1 Elliot, V, p. 190. 2 Federalist, No. 44. 
 
1. VIII. 18. IMPLIED POWERS. 141 
 
 a positive enumeration of the powers necessary and 
 proper for carrying their other powers into effect; that 
 "the attempt would have involved a complete digest 
 of laws on every subject to which the Constitution re 
 lates; accommodated, too, not only to the existing 
 state of things, but to all the possible changes which 
 futurity might produce." No less chimerical would it 
 be to enumerate the powers or means not necessary or 
 proper for carrying the general powers into execution. 
 
 "Had the Constitution been silent on this head, there 
 can be no doubt that all the particular powers requisite 
 as means of executing the general powers would have 
 resulted to the government by unavoidable implication. 
 No axiom is more clearly established in law, or in 
 reason, that whenever the end is required, the means 
 are authorized. Wherever a general power to do a 
 thing is given, every particular power necessary for 
 doing it is included." Thus Mr. Madison. 
 
 Mr. Hamilton uses similar language. 1 " It may be 
 affirmed with perfect confidence that the constitutional 
 operation of the government would be precisely the 
 same if these clauses were entirely obliterated, as if 
 they were repeated in every article. They are only 
 declaratory of a truth which would have resulted by 
 necessary and unavoidable implication from the very 
 act of constituting a federal government and vesting it 
 with certain specified powers." 
 
 Chief Justice Marshall says: "A power vested carries 
 with it all those incidental powers which are necessary 
 to its complete and efficient execution." This principle 
 has been repeatedly sanctioned by the Supreme Court, 
 and has been acted on by the general government from 
 1789 to the present day. 
 
 Judge Story says : " It would be almost impractic 
 able if it were not useless, to enumerate the various 
 
 1 Federalist, No. 33. 
 
142 THE CONSTITUTION. 1. VIII. 18. 
 
 instances in which Congress, in the progress of the 
 government, have made use of incidental and implied 
 means to execute its powers. They are almost infinitely 
 varied in their ramifications and details." 
 
 Nothing is plainer than that the Constitution was 
 intended to vest in the general government all the 
 powers which properly belong to such a government, 
 and so it has been understood from the beginning. 
 The affairs of the nation could not be carried on a 
 single year if no laws were enacted but such as are 
 specifically provided for in the Constitution. The very 
 language of the Constitution in divers places presup 
 poses that Congress could make laws for which no spe 
 cific authority is given. Thus, in Art. I, Sec. 9, it is 
 provided that the importation of slaves should not be 
 prohibited till 1808; yet nowhere does the Constitution 
 invest them with any authority to prohibit it then. 
 
 In the same section it is declared that, "The privi 
 leges of the writ of habeas corpus shall not be suspended, 
 unless when in cases of rebellion or invasion the pub 
 lic safety may require it." But where has the Consti 
 tution conferred upon Congress, or any department of 
 the government, any distinct power to suspend this 
 writ? 
 
 So also, " No bill of attainder or ex post facto law shall 
 be passed." Such laws were passed by the British 
 Parliament, and were not unknown in the legislation 
 of the American States. Without this restriction, it 
 was evidently supposed by the framers of the Consti 
 tution that Congress might do the same, although there 
 is no clause granting such authority. 
 
 The same may be said in regard to granting titles 
 of nobility, and requiring religious tests. The clauses 
 prohibiting government from these acts are manifestly 
 limitations upon its powers: without the limitations, 
 it would have had ample authority in both cases. 
 The First Amendment is of the same nature. Where 
 
1. VIII. 18. IMPLIED POWERS. 143 
 
 does the Constitution intimate any power in either 
 department of the government to establish religion, or 
 prohibit the freedom of speech or of the press? 
 
 It is a favorite form of speech with many that the 
 general government is one of enumerated powers, and 
 especially is this said of the legislative department. 
 u The powers specifically granted to Congress are what 
 are called the enumerated powers, and are numbered 
 in the order in which they stand," says one of the 
 Presidents in his message. Says another in a veto 
 message, "The legislative powers vested in Congress 
 are specified and enumerated in the 8th sec. of the 
 first Article of the Constitution." 
 
 We have seen that the restrictions expressly placed 
 upon Congress by the Constitution presuppose, in the 
 absence of such restrictions, the existence of plenary 
 powers to legislate for the general welfare. On any 
 other supposition these prohibitions are entirely devoid 
 of meaning. From the time of Washington s adminis 
 tration to the present day the government, in all its 
 departments, has been carried on as a national gov 
 ernment with full powers of sovereignty. Opposition 
 to certain measures has often been based upon their 
 alleged unconstitutionally ; but when the political 
 party from which the opposition came has itself been 
 placed in power, it has not hesitated to deviate quite 
 as far from the strict letter of the Constitution. 
 
 Among the acts which are indefensible on the theory 
 of specially enumerated powers, and which can be sus 
 tained only on the general doctrine of national sover 
 eignty, may be mentioned the purchase of Louisiana; 
 the embargo act of 1807; the claim of the general gov 
 ernment to be preferred as creditor not only to private 
 citizens, but even to the State authorities ; grants of 
 lands for railroads and canals ; the annexation of Texas ; 
 grants of lands for Agricultural Colleges; the estab 
 lishment of a Department of Education ; etc. 
 
144 THE CONSTITUTION. 1. IX. 1. 
 
 "The most remarkable powers," says Judge Story, 
 "which have been exercised by the government, as 
 auxiliary and implied powers, and which, if any, go 
 to the utmost verge of liberal construction, are the 
 laying of an unlimited embargo in 1807, and the 
 purchase of Louisiana in 1803, and its subsequent ad 
 mission into the Union as a State. These measures 
 were brought forward, and supported, and carried by 
 the known and avowed friends of a strict construction/ 
 "The friends of the latter measure were driven to the 
 adoption of the doctrine that the right to acquire ter 
 ritory was incident to national sovereignty; that it was 
 a resulting power, growing out of the aggregate powers 
 confided by the Constitution ; that the appropriation 
 might justly be vindicated upon the ground that it 
 was for the common defense and general welfare. 
 
 The people of the United States have ordained and 
 established the Constitution for the purpose of provid 
 ing for the common defense, and promoting the gen 
 eral welfare ; and whatever legislation is necessary and 
 proper to secure these ends is clearly within the au 
 thority of Congress, except in those particulars which 
 the Constitution has expressly restricted. Upon this 
 theory the government has been administered from the 
 beginning. This has been the practice of every ad 
 ministration, whatever may have been its theory. 
 
 Sec. 9, Clause 1. The migration or importation of 
 such persons as any of the States now existing shall think 
 proper to admit, shall not be prohibited by the Congress 
 prior to the year one thousand eight hundred and eight, 
 but a tax or duty may be imposed on such importation, 
 not exceeding ten dollars for each person. 
 
 The " persons " here mentioned were slaves. The 
 clause permitted the slave-trade till 1808. As reported 
 by the Committee of Detail, the provision was that 
 such importation should not be prohibited; there was 
 
1. IX. 1. SLAVERY AND THE SLAVE-TRADE. 145 
 
 no limitation of time. It was provided also in that re 
 port that no tax or duty should be levied. The tax of 
 ten dollars which the Convention finally decided upon 
 was in fact never imposed by Congress. At the expira 
 tion of the twenty years the further importation of 
 slaves was prohibited by an act passed March 2d, 
 1807, to take effect January 1st, 1808. 
 
 When the Constitution was formed, no nation had 
 abolished the slave-trade. 1 Yet of the thirteen Ameri 
 can States all but three had prohibited the importa 
 tion of slaves. These three were North Carolina, South 
 Carolina, and Georgia; and they insisted upon a pro 
 vision in the Constitution for the admission of slaves, 
 at least for a limited period. Hence the clause as it 
 appears. 
 
 The following is a summary of the action of our gov 
 ernment touching slavery and the slave-trade : 
 
 In 1787 2 the Continental Congress passed an "Ordi 
 nance for the government of the Territory of the 
 United States north-west of the river Ohio," which 
 provided that in the Territory there should " be neither 
 slavery nor involuntary servitude, otherwise than in 
 punishment of crimes/ 
 
 The slave-trade to foreign countries was prohibited 
 in 1794. 3 
 
 The importation of slaves was prohibited in 1807, 4 
 the law to take effect January 1st, 1808. 
 
 In 1820 5 the slave-trade was declared to be piracy, 
 to be punished with death. 
 
 Slavery was abolished in the District of Columbia 
 by act of Congress in 1862, 6 and in the Territories the 
 same year. 7 
 
 The President s first proclamation as to emancipation 
 
 1 Great Britain abolished it March 25th, 1807. 
 
 2 July 13th. 3 March 22d. 4 March 2d. 5 May 15th. 
 6 April 16th. 7 June 19th. 
 
 C. G. 13. 
 
146 THE CONSTITUTION. 1. IX. 2. 
 
 of slaves in the rebel States was issued September 22d, 
 1862. The second proclamation, emancipating them, is 
 dated January 1st, 1863. The coastwise slave-trade was 
 forever prohibited by act of July 2d, 1864. 
 
 The Thirteenth Amendment to the Constitution, 
 abolishing slavery throughout the United States and 
 all places subject to their jurisdiction, was proposed to 
 the legislatures of the States by Congress, February 1st, 
 1865, and was ratified December 18th, 1865. 
 
 Clause 2. The privilege of the writ of habeas corpus 
 shall not be suspended, unless when in cases of rebellion 
 or invasion the public safety may require it. 
 
 A writ is a legal instrument or writing issued by a 
 competent authority, commanding the performance or 
 non-performance of some act by the person to whom 
 it is directed. These writs were formerly written in 
 Latin, and they are often designated by some impor 
 tant Latin words contained in them. The words habeas 
 corpus mean " you may have the body ; " and the writ 
 is issued by the judge having competent authority 
 commanding the officer to bring the person held in 
 confinement before the judge, that he may inquire in 
 to the cause of his imprisonment. The object is to 
 prevent any illegal imprisonment or detention ; and it 
 is regarded as one of the great bulwarks of personal 
 liberty. The writ may be granted upon the applica 
 tion of the person himself who is restrained of his 
 liberty, or on the application of another person in his 
 behalf. If, upon judicial inquiry, he is found to be 
 imprisoned or confined for sufficient cause, he is still 
 held in confinement; but if it appears that he has 
 been arrested illegally, he is set at liberty. 
 
 Such writs are issued not only to release from con 
 finement those who are unlawfully imprisoned, but 
 to enable parents to get control of their children 
 when held in custody by others, and to set at liberty 
 
1. IX. 2. THE WRIT OF HABEAS CORPUS. 147 
 
 sane persons who may be confined under pretense of 
 
 The application must be accompanied with an affi 
 davit that the detention is contrary to law, and set 
 ting forth the facts in the case. "Though the writ of 
 halicas corpus is a writ of right, it is not a writ of course; 
 and the judge is not bound to grant it except for 
 cause shown." 
 
 From the application itself it may be evident to the 
 judge that the arrest was legal ; in which case the writ 
 of Juilieas corpus will not be issued. 
 
 The Constitution does not determine by whom the 
 privilege of the writ of habeas corpus may be suspended, 
 whether by Congress, or the President, or both. The 
 more common opinion has been that the power be 
 longs to Congress and not to the President. In 1807, 
 a bill for the suspension of the writ was lost in the 
 House of Representatives after having passed the Sen 
 ate. The first act passed by Congress to suspend the 
 writ was in March, 1863. It had, however, been pre 
 viously suspended by President Lincoln (April 27th, 
 1861) in an order to Lieutenant-General Scott. This 
 had reference to the military line between Philadel 
 phia and Washington. The President, also, by procla 
 mation, authorized the commander of the forces on the 
 Florida coast to- suspend it on the islands near the 
 coast. This proclamation was dated May 10th, 1861. 
 This action of the President was in accordance with 
 the opinion of the Attorney-General, who is his le 
 gal adviser. Attorney-General Bates says; "If by the 
 phrase, the suspension of the writ of habeas corpus, we 
 must understand a repeal of all power to issue the 
 writ, then I freely admit that none but Congress can 
 do it. But if we are at liberty to understand the 
 phrase to mean, that in case of a great and dangerous 
 rebellion like the present, the public safety requires 
 the arrest and confinement of persons implicated in 
 
148 THE CONSTITUTION. 1. IX. 2. 
 
 that rebellion, I as freely declare the opinion that the 
 President has lawful power to suspend the privilege of 
 persons arrested under such circumstances; for he if? 
 specially charged by the Constitution with the public 
 safety, and he is the sole judge of the emergency 
 which requires his prompt action." 
 
 Most of those who believe that the Constitution 
 gives to Congress the .power to suspend the writ, would 
 admit that in cases of exigency the President might 
 exercise the power without the authority of Congress. 
 Thus Mr. Mulford says : " Since the legislature can not 
 always act with the immediate energy which may be 
 demanded, and does not act continuously, in its su 
 preme necessity, in the actual or in the imminent 
 peril of the nation, it becomes not only the office but 
 the imperative duty of the executive to assert it." 1 
 
 In the act of Congress passed March 3d, 1863, the 
 President was authorized to suspend the privilege of 
 the writ in any case throughout the United States, 
 whenever in his judgment the public safety should 
 require it. The same act contained a clause of indem 
 nity to the President and those acting under his orders 
 for any arrest or imprisonment during the existence 
 of the rebellion. The suspension of the writ of habeas 
 corpus in the recent rebellion was, therefore, by the 
 authority of both the legislative and executive depart 
 ments of the government. 
 
 The suspension of the writ does not make it unlaw 
 ful for the judge to issue the writ ; but the writ hav 
 ing been issued, it is a sufficient return, or answer, to 
 it to say, that the privilege of the writ had been sus 
 pended. 
 
 Though the writ of habeas corpus had never been sus 
 pended, either by the Congress or the President, until 
 the late rebellion, it appears to have been suspended 
 
 1 The Nation, p. 188. 
 
1. IX. 3. -. BILL OF ATTAINDER. 149 
 
 by military officers. " During the administration of 
 President Washington, in the Pennsylvania Whisky 
 Insurrection of 1794 and 1795, the military authori 
 ties engaged in suppressing it disregarded the writs 
 which were issued hy the courts for the release of the 
 prisoners who had been captured as insurgents. Gen 
 eral Wilkinson, under the authority of President Jef 
 ferson, during the Burr Conspiracy of 1806, suspended 
 the privilege of this writ, as against the Superior 
 Court of New Orleans. General Jackson assumed the 
 right to refuse obedience to the writ of habeas corpus 
 first in New Orleans, in 1814, as against the authority 
 of Judge Hall, when the British army was approach 
 ing that city; and afterward, in Florida, as against 
 the authority of Judge Fromentin." 1 
 
 Clause 3. No bill of attainder or ex post facto law 
 shall be jjassed. 
 
 A bill of attainder is a legislative act inflicting 
 death or other punishment without a judicial trial. 
 if the punishment is less than death, the act is now 
 called in England a bill of pains and penalties. The 
 legislature in passing such a bill assumes the functions 
 of the judicial department of the government; it pro 
 nounces sentences and inflicts punishments not deter 
 mined by previous law; and it ordinarily gives the 
 person accused no opportunity of defending himself. 
 "Such was the bill of attainder in England, and such 
 was it in this country at the time of the adoption of 
 the Constitution. By that the whole suBject was abol 
 ished and prohibited entirely and forever." 2 
 
 An ex post facto law is one which makes an act 
 criminal which was not criminal when committed. 
 
 1 Halleck s International Law and Laws of War, quoted by Hon. 
 A. F. Perry. 
 2 Farrar, p. 420. 
 
150 THE CONSTITUTION. 1. IX. 4. 
 
 So a law would be ex pod facto that inflicts a greater 
 punishment than the law imposed when the crime 
 was committed. The pi \ rase applies only to penal 
 and criminal laws, and not to civil proceedings which 
 affect private interests retrospectively. A law abolish 
 ing imprisonment for debt would not be an ex post facto 
 law, though it should apply to past contracts; nor 
 would a law rectifying some error, as making deeds 
 of land valid, which were void through some defect. 
 
 In the case ex parte Garland, the majority of the 
 Supreme Court held that the law of January 24th, 
 1865, which required a prescribed oath of every attor 
 ney before he could practice at the bar of a United 
 States Court, was in violation of this clause, and 
 therefore unconstitutional. Judges Chase, Davis, Miller, 
 and Swayne dissented; in their judgment the act of 
 Congress referred to was neither a bill of attainder 
 nor an ex post facto law. 
 
 Clause 4. No capitation or other direct tax shall be 
 laid, unless in proportion to the census or enumeration 
 hereinbefore directed to be taken. 
 
 A capitation tax is a poll tax. The tax is levied 
 not according to property, but by the head. By Ar 
 ticle I, Section 2, the Constitution provided that direct 
 taxes should be divided among the States according 
 to the population; and in estimating the population, 
 only three-fifths of the slaves should be counted. This 
 clause would therefore exempt two-fifths of the slaves 
 from every poll tax levied by the general government. 
 It was to secure this exemption, and to prevent the 
 levying of any special tax on slaves, that the clause 
 was inserted. No capitation tax has ever been levied 
 by the United States. In some of the States it is 
 forbidden by their Constitutions. The direct tax of 
 1798 was assessed upon dwelling-houses, lands, and 
 slaves upon each slave fifty cents. This was not a 
 
1. IX. 5. EXPORT DITTIES PROHIBITED. 151 
 
 capitation tax, though in the States where slaves were 
 held, a part of the tax was levied upon the capitation 
 principle, so far as the slaves were concerned. 
 
 Clause 5. 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. 
 
 That part of this clause which relates to the taxing 
 of exports was reported by the Committee of Detail in 
 connection with the clause relating to the importation 
 of slaves. There was strong opposition in the Conven 
 tion to giving up the right to tax exports. Several 
 of the most influential members, Washington, Madi 
 son, Wilson, Morris, and others, were in favor of allow 
 ing Congress to tax exports as well as imports, regard 
 ing the power as essential to a general government. 
 
 This prohibition has been generally understood as 
 including all exports, though there has been no ju 
 dicial decision upon the subject. The opinion is held 
 by some that the intention was to prevent any dis 
 crimination against a particular State, and that Con 
 gress is not prohibited from levying an export duty 
 on articles exported from a number of States. 1 
 
 The Constitution of the Confederate States contained 
 no such clause of prohibition, and heavy export duties 
 were levied upon cotton. 
 
 To "enter" a port is to report the shi\> with the car 
 go to the proper officer, and obtain permission to land 
 the cargo. To "clear" is to obtain from the proper 
 authorities the necessary papers for sailing from the 
 port. While we .were colonies under Great Britain, no 
 
 1 North American Review, July, 1865. 
 
152 THE CONSTITUTION. 1. IX. 6, 
 
 American ship could trade with any port in Europe 
 unless it first entered and cleared from a British port. 
 But now a vessel can take her cargo from New York, or 
 Boston, or New Orleans, directly to any European port. 
 So a vessel can go from any one American port to any 
 other. This latter constitutes the coasting trade, which 
 is vastly greater in amount than the foreign trade. 
 
 A former clause (Sec. 8, Clause 1) requires all duties, 
 imposts, and excises to be uniform throughout the 
 United States. This clause, providing that no prefer 
 ence should be given to one State over another in any 
 commercial regulation, is of the same character. The 
 different States were to be treated with absolute im 
 partiality and equal justice by the general government. 
 
 Clause 6. iVo 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 expen 
 ditures of all public money shall be published from time 
 to time. 
 
 The propriety of this clause is obvious. It is a lim 
 itation on the Executive Department, and not on the 
 Legislative. The appropriations are voted annually, 
 the fiscal year ending on the thirtieth of June. These 
 appropriations are made for the different departments 
 of the government with much detail, and the duties 
 devolving on the Committee on Appropriations are very 
 arduous and responsible. The acts making appropria 
 tions for the year ending June 30th, 1872, fill ninety- 
 eight pages of the United States Statutes at Large. To 
 show the minuteness of these appropriations, there are 
 fifteen different specifications under the head of "Li 
 brary of Congress." 
 
 The account of the receipts and expenditures is 
 annually reported to Congress by the Secretary of the 
 Treasury. These reports form an important part of the 
 executive documents of the government. 
 
1. IX. 7. TITLES OF NOBILITY. 153 
 
 Clause 7. A T o 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 Con 
 gress, accept of any present, emolument, office, or title, of 
 any kind whatever, from any king, prince, or foreign state. 
 
 " Nothing need be said to illustrate the importance 
 of the prohibition of titles of nobility. This may truly 
 be denominated the corner-stone of republican govern 
 ment; for so long as they are excluded there can never 
 be serious danger that the government will be any 
 other than that of the people." 1 
 
 The second clause is to prevent any officer of the 
 government from being influenced by a gift of any 
 kind from any foreign prince or state. History shows 
 abundant instances of the bribing by one government 
 of the officials of another. When presents have been 
 sent to officers of our government by a foreign power, 
 they have become the property of the government, or 
 Congress has authorized those to whom they were sent 
 to receive them. 
 
 At the second session of the Eleventh Congress, an 
 amendment to the Constitution was proposed, two-thirds 
 of both houses concurring, extending this prohibition to 
 private citizens. " If any citizen of the United States 
 shall accept, claim, receive or retain any title of nobility 
 or honor, or shall, without the consent of Congress, ac 
 cept and retain any present, pension, office, or emolu 
 ment of any kind whatever, from any emperor, king, 
 prince, or foreign power, such person shall cease to be 
 a citizen of the United States, and shall be incapable 
 of holding any office of trust or profit under them, or 
 either of them." 2 But this proposed amendment has 
 never been ratified by the requisite number of States. 
 
 1 Hamilton, Federalist, No. 84. 
 
 2 U. S. Statutes at Large, II, p. 613. 
 
154 THE CONSTITUTION. 1. X. 1. 
 
 Sec. 10, Clause 1. No State shall enter into any treaty, 
 alliance, or confederation; grant letters of marque and 
 reprisal; coin money; emit bills of credit; make any 
 thing but gold and silver coin a tender in payment of 
 debts; pass any bill of attainder, ex post facto law, or 
 law impairing the obligation of contracts, or grant any 
 title of nobility. 
 
 This section contains prohibitions and restrictions 
 on the power of the States. The Constitution is the 
 expression of the will of the nation ; that is, of the 
 people of the whole country. To the nation belongs 
 the sovereign power. In the Constitution the nation 
 has declared that the general government shall exer 
 cise all the powers of national sovereignty, and that 
 the States shall have authority in matters of local and 
 municipal government. Powers pertaining to national 
 sovereignty are expressly denied to the States in this 
 tenth section. Nearly all these prohibitions are found 
 also in the Articles of Confederation, and some of them 
 are expressed there in terms stronger than in the 
 Constitution. 
 
 We find, indeed, in those Articles the clause, "Each 
 State retains its sovereignty, etc./ but the words are 
 without meaning, as the Articles themselves make 
 the general government sovereign, and not the States. 
 Though we often hear the States spoken of as sover 
 eign, they have never been so in fact. They were Col 
 onies till the fourth of July, 1776, and then the 
 United Colonies became a nation, and each Colony be 
 came a State. From that -day to this the individual 
 States have exercised none of the powers of sovereignty. 
 It is not unfrequently said that the States parted with 
 their sovereignty when the Constitution was formed; 
 implying that till then they possessed sovereign powers. 
 But they could not part with what they never pos 
 sessed. The question is one of fact, and not one of 
 
1. X. 1. PROHIBITIONS ON THE STATES. 155 
 
 theory. The Continental Congress exercised the powers 
 of national sovereignty from the day of the Declara 
 tion of Independence till the present Constitution went 
 into operation. In the language of Mr. Jay, afterward 
 Chief Justice of the Supreme Court, "To all general 
 purposes, we have uniformly been one people; each 
 individual citizen every-where enjoying the same na 
 tional rights, privileges, and protection. As a nation, 
 we have made peace and war; as a nation, we have 
 vanquished our common enemies ; as a nation, we have 
 formed alliances, and made treaties, and entered into 
 various compacts and conventions with foreign states. M1 
 
 The Articles of Confederation prohibited the States 
 from "sending any embassy to, or receiving any em 
 bassy from, or entering into any conference, agreement, 
 alliance, or treaty, with any king, prince, or state," 
 without the consent of the United States. In the Con 
 stitution the prohibition is absolute. Were each State 
 to have the power to form alliances with foreign na 
 tions, it would be impossible to preserve the peace and 
 harmony of the several parts of the Republic. The 
 Union would soon be dissolved, and the nation split 
 into fragments. Could the States grant letters of marque, 
 it would be in the power of any one to involve the 
 rest in war. All these powers, being incident to na 
 tional sovereignty, are thus wisely and necessarily 
 prohibited to the States. 
 
 The Articles of Confederation allowed the States to 
 coin money, but gave to Congress the exclusive right 
 to regulate the alloy and value of the coin. The power 
 of the States in regard to money was thus a qualified 
 power. But the provision of the Constitution, prohib 
 iting the States absolutely from coining money, is a 
 manifest improvement on the previous system. 
 
 The States are also prohibited from emitting bills 
 
 federalist, No. 2. 
 
156 THE CONSTITUTION. I.X.I, 
 
 of credit. " To constitute a bill of credit, within the 
 Constitution, it must be issued by a State, involve the 
 faith of the State, and be designed to circulate as 
 money, on the credit of the State, in the ordinary uses 
 of business." * Such bills* may or may not bear in 
 terest ; they may or may not be made a legal tender. 
 Neither of these circumstances would affect them as 
 bills of credit. The State of Missouri issued loan cer 
 tificates, bearing interest and redeemable by the State, 
 which were made receivable for taxes and debts, and 
 by public officers in payment of their salaries. But 
 the Supreme Court decided that they were bills of 
 credit, and therefore unconstitutional. A State may 
 borrow money and issue bonds therefor ; such bonds are 
 not bills of credit. The paper currency issued by the 
 Continental Congress, and by the several States prior 
 to the adoption of the Constitution, was known as bills 
 of credit. 
 
 The evils of the paper money issued by the States 
 after the war of the Revolution are strikingly depicted 
 by Mr. Madison. "The loss which America has sus 
 tained since the peace, from the pestilent effects of 
 paper money on the necessary confidence between man 
 and man ; on the necessary confidence in the public 
 councils; on the industry and morals of the people, 
 and on the character of republican government, con 
 stitutes an enormous debt against the States charge 
 able with this unadvised measure, which must long 
 remain unsatisfied; or rather an accumulation of guilt, 
 which can be expiated no otherwise than by a volun 
 tary sacrifice on the altar of justice, of the power 
 which has been the instrument of it." 1 
 
 The States are also forbidden to make any thing but 
 gold and silver coin a legal tender in payment of 
 debts. The Constitution virtually places the control 
 
 Federalist, No. 44. 
 
1. X. 1. PROHIBITIONS ON THE STATES. 157 
 
 of the whole subject of money and the currency with 
 the general government. The States have, indeed, 
 established banks and authorized them to issue notes 
 for circulation, but it lias been by sufferance, and not 
 by Constitutional authority. The general government, 
 in the establishment of national banks, have assumed 
 the exercise of the power which it was manifestly the 
 intention of the Constitution they should possess. 
 
 While the power to coin money is among the powers 
 of Congress mentioned in Section 8, nothing is said as 
 to the power of Congress to emit bills of credit, or to 
 make any thing but gold and silver a legal tender. 
 These powers, have, however, been considered as be 
 longing to Congress, and both have been exercised. 
 The United States notes now in circulation as money, 
 known as "greenbacks" or "legal tenders," are bills 
 of credit, and they would be such even if they were 
 not required by law to be received in payment of 
 debts. 
 
 The States as well as the general government are 
 prohibited from passing any bills of attainder or ex pott 
 facto laws. There would be no propriety in allowing it 
 to the former, if prohibited to the latter. Very wisely 
 such laws are entirely prohibited. 
 
 No State can pass laws impairing the obligation of 
 contracts. The obligation here spoken of is legal, not 
 moral. "The spirit of the provision is this: A con 
 tract which is legally binding upon the parties at the 
 time and place it is entered into by them, shall remain 
 so, any law of the States to the contrary notwithstand 
 ing." 1 
 
 Under this clause the States are clearly prohibited 
 from passing bankrupt laws, which should impair the 
 obligation of contracts made antecedently to their pas 
 sage. The Supreme Court has decided, however, that 
 
 1 Tiffany, p. 217. 
 
158 THE CONSTITUTION. 1. X. 1. 
 
 the States may pass laws operating upon future con 
 tracts between their own citizens. 
 
 But this prohibition does not apply to the general 
 government. The States can not pass laws impairing 
 the obligation of contracts, but Congress may establish 
 uniform laws on the subject of bankruptcies through 
 out the United States. " The general government has 
 jurisdiction over all persons and property within the 
 United States, to execute the plenary power and au 
 thority of the nation in respect to all subjects commit 
 ted to its jurisdiction. It can determine upon what 
 conditions and in what degree individuals may be re 
 leased from the complete fulfillment of their contracts. 
 That is, as the supreme authority upon that subject, 
 Congress can by law determine the limit of legal obli 
 gation arising out of every species of indebtedness, and 
 can prescribe the manner by which a party should 
 proceed to obtain legal absolution of his debts." l 
 
 The term, contract, is made to include grants, whicli 
 are contracts that have been executed. A grant made 
 by a State legislature is irrevocable. Whenever a law 
 is in its own nature a contract, and absolute rights 
 have vested under it, a repeal of that law can not di 
 vest those rights, or annihilate or impair the title so 
 acquired. 2 
 
 If a charter of a bank, which has been incorporated 
 by a State, should prescribe the manner in which the 
 bank should be taxed, the State could not subsequently 
 alter the mode of taxation, not even if meanwhile the 
 State should have adopted a new Constitution prescrib 
 ing the manner in which banks should be taxed. 
 
 So a charter of a college is a contract which the 
 legislature of a State can not annul or impair. The 
 State of New Hampshire attempted to change the 
 charter of Dartmouth College, transferring the govern- 
 
 Tiffany, p. 217. 2 Story. 
 
1. X. 2. PROHIBITIONS ON THP] STATES. 159 
 
 ment of the institution from the old charter trustees to 
 new trustees appointed under the legislative act. But 
 the action of the legislature was declared by the Su 
 preme Court to be unconstitutional. 
 
 Clause 2. No State shall, without the consent of the 
 Congress, lay any imposts or duties on imports or ex 
 ports, except what may be absolutely necessary for execut 
 ing its inspection laws: and the net produce of all du 
 ties 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, unthout 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 for 
 eign power, or engage in war, unless actually invaded, 
 or in such imminent danger as will not admit of delay. 
 
 The authority to levy duties on goods imported prop 
 erly belongs to the general government. The exercise 
 of this power by the several States, prior to the adop 
 tion of the Constitution, was one of the chief causes 
 of the overthrow of the Articles of Confederation. The 
 whole power is now vested in Congress, and the States 
 are by this clause prohibited from laying any duties 
 except with the consent of Congress, and the revenue 
 obtained in such case must be paid into the treasury 
 of the United States. 
 
 The object of inspection is to secure a certain stand 
 ard of excellence in commodities offered for sale, so 
 that purchasers may not be imposed upon. An in 
 spector is appointed under State law, whose duty it is 
 to examine flour, pork, etc., and certify as to its 
 quality. If it comes up to the required standard he 
 stamps or brands the cask or package accordingly. 
 Sometimes the inspector is paid by the city which ap- 
 
THE CONSTITUTION. 1. X. 2. 
 
 points him, and sometimes his compensation is ob 
 tained by means of fees. Thus in Ohio the inspector 
 of refined oil receives from six to ten cents a barrel for 
 inspecting it. To prevent the State from receiving 
 any revenue from this source, the Constitution re 
 quires that all fees beyond the cost of inspection shall 
 be paid into the national treasury. 
 
 A State can not lay duties on imports or exports 
 indirectly. Maryland once required all importers of 
 foreign goods, and those selling the same in the origi 
 nal package, to take a license from the State, for 
 which a fee of fifty dollars was to be paid. The Su 
 preme Court decided that the law requiring this was 
 unconstitutional, because it virtually levied a duty on 
 the articles imported. 
 
 The Constitution in no other clause refers to tax 
 ation of any kind by State authority. But it every 
 where recognizes the existence of the States as gov 
 ernments, and thus presupposes their power to levy 
 taxes. For the support of its local government a State 
 may tax its citizens, but it may not levy duties on 
 imports, save with the consent of Congress, and for 
 inspection purposes. And the Supreme Court has de 
 cided that a State can not levy a tax that shall in 
 any way obstruct the legislation of the general gov 
 ernment. Thus a State can not tax United States 
 bonds or Treasury notes, or a bank chartered by the 
 general government, except as provision is made for 
 such State taxation by Congress; while the United 
 States may levy a tax upon State bonds, or banks 
 chartered by the States. When Congress tax the 
 chartered institutions of the States they tax their 
 own constituents; and such taxes must be uniform. 
 But when a State taxes an institution created by Con 
 gress it taxes an instrument of a superior and in 
 dependent sovereignty, not represented in the State 
 legislature. (Story.) 
 
2. I. i. THE EXECUTIVE DEPARTMENT. 161 
 
 Duties on tonnage are duties on ships. A ship that 
 can carry five hundred tons of freight is said to be of 
 five hundred tons burden. Where duties are levied 
 upon ships, it is in proportion to their capacity, or 
 the amount of freight they can carry. If the States 
 are prohibited from raising a revenue from goods im 
 ported, they should also be prohibited from taxing the 
 ships in which the goods are brought. 
 
 The other prohibitions in this clause refer to matters 
 of national sovereignty. The whole control of questions 
 relating to peace and war, treaties, alliances, etc., is 
 placed in the general government; and nothing can 
 be done by the States in these matters except under 
 its direction. It has been seen that there are implied 
 as well as express prohibitions on the powers of the 
 States. Thus "no State can control, or abridge, or in 
 terfere with the exercise of any authority under the 
 national government. And it may be added that State 
 laws, as, for instance, State statutes of limitations, and 
 State insolvent laws, have no operation upon the rights 
 or the contracts of the United States. 1 (Story.) 
 
 ARTICLE II. 
 THE EXECUTIVE DEPARTMENT. 
 
 Sec. 1, Clause 1. The Executive poirer shall be rested 
 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 : 
 
 From the Declaration of Independence to the time 
 when the Constitution went into operation, there had 
 been no Executive Department. In the Convention 
 there was no difference of opinion as to the propriety 
 and necessity of establishing such a department dis 
 tinct from the Legislative. There was not the same 
 C. G. 14. 
 
162 THE CONSTITUTION. 2. I. 1. 
 
 unanimity as to the other questions, viz., whether the 
 power should be vested in a single person, what should 
 be the term of office, how the Executive should be 
 chosen, and whether the office should be held a second 
 time by the same person or persons. The vote in the 
 Committee of the Whole was "That a national Execu 
 tive be instituted, to consist of a single person, to be 
 chosen by the national legislature (Congress) for the 
 term of seven years." Subsequently the Committee of 
 Detail reported the same clause, with the addition that 
 he should not be elected a second time. Repeated efforts 
 were made in the Convention by the delegates from 
 Pennsylvania, to change the mode of election, so that 
 the Executive might be elected by the people, or by 
 electors, instead of by Congress; but only two States 
 voted for the change. It was then referred to the 
 Committee of one from each State, appointed to report 
 on the unfinished parts of the Constitution, who re 
 ported it nearly as it was finally adopted. 
 
 There is no difference of opinion at the present time 
 in regard to the importance of unity in the Executive. 
 All are agreed that this power must be lodged in the 
 hands of one man. To divide responsibility is to in 
 troduce feebleness. Every government should be ad 
 ministered with firmness and vigor. When laws are 
 enacted they must be executed. The maxim that that 
 government is best which governs least, is not true. 
 That government is best which is so promptly and 
 wisely administered that there will be little disposition 
 to violate or evade the law. Republics are often af 
 firmed to be feeble of necessity; but there is no incon 
 sistency between a republican government and great 
 firmness and energy of administration. 
 
 The Executive power "shall be vested," that is, is 
 vested. The President duly elected has the power by 
 the Constitution, without any law conferring it on 
 him. The power is vested in the President alone ; not 
 
2. I. 1. THE EXECUTIVE DEPARTMENT. 163 
 
 in him and his Cabinet. In some of the States the 
 Executive power is exclusively in the Governor; in 
 others the joint action of the Governor and Council 
 is required. The Executive power is not defined in 
 the Constitution. Whatever it is, it is vested in the 
 President. The Constitution authorizes him to do some 
 things which do not necessarily belong to him as Presi 
 dent. Thus he has a qualified negative on the legis 
 lation of Congress; with the advice and consent of the 
 Senate he can make treaties; he is Commander-in-Chief 
 of the Army and Navy. But whatever else may belong 
 to the Executive Department, this does, that the Presi 
 dent should see that the laws are executed. 
 
 We have seen that the Convention that framed the 
 Constitution decided in Committee of the Whole that 
 the term of office of the President should be seven 
 years, and that he could not hold the office a second 
 term. Both these provisions were subsequently changed; 
 the term of office being four years, and the restriction 
 to a single term having been stricken out, so that the 
 people may elect the same man to the Presidency as 
 many times as they please. 
 
 From the adoption of the Constitution to 1840, each 
 successive President was a candidate for re-election, 
 and five were elected a second time, viz., Washington, 
 Jefferson, Madison, Monroe, and Jackson. John Adams, 
 John Quincy Adams, and Martin Van Buren were nomi 
 nated for a second term, but not elected. Since 1840 no 
 President has been nominated for re-election except Mr. 
 Lincoln in 1864, and General Grant in 1872, who were 
 both elected. Thus seven Presidents have been elected 
 a second time, three have been candidates for a second 
 term, but have failed of an election, and six have not 
 been re-nominated. No President has been a candidate 
 for a third term. 
 
 The question of one presidential term has been much 
 agitated. It is doubtful whether the Convention acted 
 
164 THE CONSTITUTION. 2. I. 2. 
 
 wisely in reducing the length of the term from seven 
 years to four, and in striking out the clause forbidding 
 a re-election. "The election of a supreme executive 
 magistrate for a whole nation, affects so many interests, 
 addresses itself so strongly to popular passions, and 
 holds out such powerful temptations to ambition that 
 it necessarily becomes a strong trial to public virtue, 
 and even hazardous to the public tranquillity. * * 
 This is the question that is eventually to test the 
 goodness, and try the strength of the Constitution." 1 
 
 Besides the excitement attending the election of the 
 executive head of a great nation, which is so great 
 that Mr. Paley condemns all elective monarchies, and 
 thinks nothing is gained by a popular election worth 
 the dissensions, tumults, and interruptions of regular 
 industry, with which it is inseparably attended, there 
 is the unfavorable influence on the President himself. 
 It is natural that he should desire the approbation of 
 the people as manifested by a re-election. But the 
 danger is that this desire may tempt him to shape 
 his administration so as to secure a rcnomination. 
 
 Clause 2. 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 President and Vice-Preside nt are to be chosen 
 by Electors, but the manner in which the Electors are 
 to be appointed is left to the legislature of each State. 
 "The Electors were at first chosen in four different 
 modes, viz., by joint ballot of the State legislatures, by 
 
 1 Kent, I, p. 273. 
 
2, I. 2. THE ELECTION OF PKESIDENT. 165 
 
 a concurrent vote of the two branches of the legis 
 lature, by the people of the State voting by general 
 ticket, and by the people voting in districts. This 
 latter mode was evidently that which gave the fairest 
 expression to public opinion by approaching nearest 
 to a direct vote. But those States which adopted it 
 were placed at the disadvantage of being exposed to a 
 division of their strength and neutralization of their 
 vote; while the Electors chosen by either of the other 
 methods voted in a body on one side or the other, thus 
 making the voice of the State decisively felt. This 
 consideration induced the leading States of Massachu 
 setts and Virginia, which originally adopted the dis 
 trict system, to abandon it in 1800." l 
 
 The election in 1844 was the first in which the 
 electoral vote in no State was divided. In 1860, New 
 Jersey divided her vote; and in 1872 the Democratic votes 
 were scattered, as Mr. Greeley, the candidate, had died. 
 With these exceptions, all the Electors in any given 
 State have since 1844 voted for the same candidates, 
 and the President and Vice-President have received 
 the same number of votes. 
 
 The Constitution determines the number of Electors. 
 Whatever may have been the mode of choosing them, 
 whether by the people or the legislature, it has been 
 the practice to take one from each Congressional dis 
 trict, and two from the State at large. No qualifica 
 tion is required for an Elector except the negative 
 one, that he shall not hold an office of profit or trust 
 under the United States. 
 
 The third clause has been abrogated by an Amend 
 ment which was proposed by Congress in December, 
 1803, and having been ratified by the requisite num 
 ber of States, became valid as a part of the Constitu 
 tion in September, 1804. This clause will be found in 
 
 1 Lanman s Dictionary of Congress, p. 427. 
 
166 THE CONSTITUTION. 2. I. 3. 
 
 the note. 1 The Amendment substituted for it is Article 
 XII of the Amendments, and is as follows : 
 
 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 per 
 sons voted for as Vice- President, and of the number of 
 votes for each, which liste 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 Presi 
 dent of the Senate shall, in the presence of the Senate and 
 
 1 Clause 3. The Electors shall meet in their respective States, 
 and vote by ballot for two persons, of whom one at least shall not 
 be an inhabitant of the same State with themselves. And they shall 
 make a list of all the persons voted for, and of the number of votes 
 for each, which list they shall -sign and 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 
 r. majority of the whole number of Electors appointed; and if there be 
 more than one who have such a majority, and have an equal number 
 of votes, then the House of Representatives shall immediately choose 
 by ballot one of them for President; and if no person have a major 
 ity, then from the five highest on the list, the said House shall in like 
 manner choose the President. But in choosing the President, the 
 votes shall be taken by States, the representation from each State 
 having one vote. A quorum for this purpose shall consist of a 
 member or members from two-thirds of the States, and a majority 
 of all the States shall be necessary to a choice. In eyery 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. 
 
Amend. 12. THE ELECTION OF PRESIDENT. 167 
 
 House of Representatives, open all the certificates, and the 
 votes shall then be counted; the person having the greatest 
 number of votes for President shall be the President, if such 
 number be a majority of the whole number of Electors ap 
 pointed ; and if no person have such majority, then from 
 the persons having the highest numbers, not exceeding three, 
 on the list of those voted for as President, the House 
 of Representatives shall choose immediately, by ballot, the 
 President. But in choosing the President, the votes shall 
 be taken by States, the representation from each State 
 having one vote; a quorum for this purpose shall consist 
 of a member or members from two-thirds of the States, and 
 a majority of all the States shall be necessary to a choice. 
 And if the House of Representatives shall not choose a 
 President, whenever the right of choice shall devolve upon 
 them, before the fourth day of March next following, then 
 the Vice- President shall act as President, as in the case of 
 the death or other constitutional disability of the President. 
 The person having the greatest number of votes as Vice- 
 President shall be the Vice- President, if such number be 
 a majority of the whole number of Electors appointed, 
 and if no person have a majority, then from the two 
 highest numbers on the list the Senate shall choose the 
 Vice- President ; a quorum for the purpose shall consist 
 of two-thirds of the whole number of Senators, and a 
 majority of the whole number shall be necessary to a 
 choice. But no person constitutionally ineligible to the 
 office of President shall be eligible to that of Vice- Presi 
 dent of tic United States. 
 
 According to the original clause the Electors were to 
 vote for two persons without designating either as 
 President or Vice-President. The one who had the 
 greatest number of votes, provided that number was a 
 majority of all the votes cast, was to be the President, 
 and the other the Vice-President. If two had the 
 
168 THE CONSTITUTION. 2. 1. 3. 
 
 same number, being a majority, the House of Represent 
 atives was to choose one of them for President. If no 
 one had a majority, the House of Representatives was 
 to choose a President from the five highest. 
 
 The chief points of difference between the methods are 
 these two: according to the Amendment each Elector 
 votes for President as such, and also for Vice-President ; 
 and if the election goes to the House of Representa 
 tives, the choice is from the three highest, instead of 
 from five, as was provided in the original article. 
 
 At the first election General Washington was voted 
 for by each of the Electors, 69 in number. Mr. John 
 Adams, who became Vice-President, as having the 
 next highest number of votes, received only 34; the 
 remaining 35 votes having been divided among ten 
 candidates. 
 
 At the second election, in 1792, General Washington 
 was again elected unanimously, receiving 132 votes. 1 
 Mr. Adams was re-elected Vice-President, receiving 77 
 votes, a majority of the whole. 
 
 At the third election, in 1796, Mr. Adams was 
 elected President, receiving a small majority of the 
 votes; and Mr. Thomas Jefferson became Vice-Presi 
 dent, though he had not a majority. 
 
 At the fourth election, in 1800, Messrs. Jefferson and 
 Burr, who belonged to the same political party, had 
 the same number of votes, being a majority of the 
 whole ; and thus the choice devolved upon the House 
 of Representatives. There were sixteen States, of 
 which eight voted for Jefferson, six for Burr, and two 
 were divided. They continued to vote thus for thirty- 
 five ballotings, occupying seven days, nominally with 
 out adjournment. On the thirty-sixth ballot, the two 
 divided States voted for Jefferson, and so he became 
 President, and Aaron Burr Vice-President. It was this 
 
 James Monroe in 1820, received all the Electoral votes but one. 
 
2. I. 3. THE ELECTION OF PRESIDENT. 169 
 
 difficulty that led to the amendment of the Constitu 
 tion, which Amendment was ratified before the fifth 
 election in 1804. 
 
 The election of President has devolved on the House 
 of Representatives in one other case. In the fall of 
 1824, Andrew Jackson received 99 Electoral votes, John 
 Quincy Adams 84, William H. Crawford 41, and Henry 
 Clay 37. General Jackson lacked 32 of a majority, and 
 the choice devolved on the House of Representatives. 
 As the choice must be from the three highest, Mr. Clay 
 could not be voted for. Of the twenty-four States, thir 
 teen voted for Mr. Adams, seven for General Jackson, 
 and four for Mr. Crawford. John C. Calhoun, the can 
 didate for Vice-President on the ticket with General 
 Jackson, was elected, having received 182 votes. In 
 this case the President and Vice-President belonged to 
 different political parties. 
 
 Once only has the choice of Vice-President devolved 
 on the Senate. In the fall of 1836, Martin Van Buren 
 received 170 votes out of 294 for President, and was 
 elected: Richard M. Johnson failed of an election to 
 the Vice-Presidency by one vote, having received 147. 
 He was chosen by the Senate. 
 
 Practically the people vote for President and Vice- 
 President, and it is known who is to be the next Pres 
 ident long before the Electoral College convenes. Thus 
 the voting by the Electors has become a mere form, 
 though it was not so intended. Various plans have 
 been suggested in respect to the mode of electing the 
 President, but Congress has never yet proposed an 
 amendment since the Constitution was altered in 1804. 
 By the present mode a candidate may have a large 
 majority of the Electoral votes, and yet be in a de 
 cided minority so far as the popular vote is concerned. 
 
 By the original article a Vice-President could not be 
 chosen till the President had been chosen; a failure in 
 the choice for the first office would involve there- 
 C. G, 15. 
 
170 THE CONSTITUTION. 2. I. 4. 
 
 fore a failure in the second also. The Amendment 
 avoids this difficulty, by providing that the Senate 
 may choose a Vice-President if no one has been chosen 
 by the Electoral vote. In the failure by the House of 
 Representatives to choose a President by the fourth of 
 March, the V ice-President already chosen by the Sen 
 ate will act as President. 
 
 It is usual for the two Houses to meet in the House 
 of Representatives, when the votes are opened by the 
 President of the Senate, and handed to the tellers (one 
 from the Senate and two from the House), who count 
 the votes and announce the result. In February, 1865, 
 Congress passed the twenty-second joint rule, by which 
 the vote of no State should be counted if objected to 
 by either House. This feature of the rule was not en 
 forced in 1865 or 1869, but was in 1873, the Senate ob 
 jecting to the votes from Arkansas, and three votes for 
 Mr. Greeley from Georgia. Before 1877 it was repealed 
 by the Senate. In January, 1877, an act was passed, 
 applicable to that election only, that no vote of a State 
 should be rejected except by concurrent vote of both 
 Houses, and that all cases of two or more sets of votes 
 from the same State should be referred to a Commission 
 of fifteen, composed equally of Senators, Representa 
 tives, and Judges of the Supreme Court. The cases re 
 ferred were those of Florida, Oregon, South Carolina, 
 and Louisiana, and were all decided by a vote of eight 
 to seven, and Mr. Hayes was elected by a vote of 185, 
 Samuel J. Tilden having 184. 
 
 Clause 4:. The Congress may determine the time of 
 choosing the Electors, and the day on which the if shall 
 give their votes; ichich day shall be the same throughout 
 the United States. 
 
 After the Constitution had been ratified by the requi 
 site number of States, the Continental Congress ap 
 pointed the first Wednesday in January, in 1789, as 
 
2. I. 5. PRESIDENTIAL ELECTORS. 17l 
 
 the day for choosing Electors, the first Wednesday in 
 February for the Electors to assemble and vote for 
 President, and the first Wednesday of March as the 
 day on which to commence proceedings under the new 
 Constitution. 1 The first Wednesday of March was the 
 fourth day of the month, in the year 1789. 
 
 In 1792 an act was passed requiring that the Electors 
 be appointed within thirty-four days preceding the first 
 Wednesday in December; that the Electors should 
 meet and give their votes on the first W>dnesday in 
 December; that the votes should be counted on the 
 second Wednesday of February; and that the Presi 
 dential term of four years should commence on the 
 fourth day of March. All these provisions remain in 
 force, except that as to the time of choosing Electors. 
 By act of Congress of January, 1845, they are to be 
 chosen on the Tuesday next after the first Monday in 
 November. Each State may provide for filling any 
 vacancy \vhich may occur in its college of Electors. 
 By the Amendment to the Constitution, made in 1804, 
 if the House of Representatives should not elect a 
 President by the fourth of March, the Vice-President 
 becomes President: the fourth of March is thus vir 
 tually made by the Constitution, as well as by statute, 
 the day when a new Presidential term begins. 
 
 The Electors in each State make and sign three cer 
 tificates of all the votes given by them, one of which 
 is to be forwarded by special messenger to the Presi 
 dent of the Senate at Washington, one is to be sent to 
 him by mail, and one is to be delivered to the judge 
 of that district in which the Electors meet. 
 
 Clause 5. No person, except a natural-born citizen, 
 or a citizen of the United State* at the time of the adop 
 tion of this Constitution, shall be eligible to the office of 
 
 Journal Cont. Cong., XIII, 105. 
 
172 THE CONSTITUTION. 2. I. 6. 
 
 President; neither shall any person be eligible to thai 
 office who shall not hare attained to the <tge of thirty- 
 jive years, and been fourteen years a resident within the 
 United States. 
 
 At the time of framing the Constitution, a number of 
 men of foreign birth were among the most prominent 
 in the nation, some of them being members of the 
 Convention. This exception in favor of those who 
 were citizens at the time the Constitution was adopted 
 was a mark of respect to them. 
 
 A residence abroad on official duty would not inca 
 pacitate one from holding the office of President. Mr. 
 Buchanan had been Minister to England just prior to 
 his election to the Presidency in 1856. 
 
 Clause 0. In case of the removal of the President from 
 office, or of his death, resignation, or inability to discharge 
 the powers and duties of xaid office, the same shall devolve 
 on the Vice -President ; and the Congress may by law pro 
 vide 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. 
 
 Until near the close of the Convention that framed 
 the Constitution, nothing had been said of a Vice-Presi- 
 dent. The Senate had been authorized to choose their 
 own presiding officer, and in case of the death or re 
 moval of the President of the United States, the Pres 
 ident of the Senate was to become President. The 
 Convention had decided that the President should be 
 elected by Congress ; but there was difficulty in arrang 
 ing the details, and the Committee of one from each 
 State finally reported a new plan, providing for an 
 election of President by means of Electors appointed 
 in the several States. This plan seemed to render de- 
 
2. I. 6, THE EXECUTIVE VICE-PRESIDENT. 173 
 
 sirable the election of a Vice-President, and thus the 
 Constitution made provision for such an officer. 
 
 We have seen that, according to the Amendment 
 adopted in 1804, the Senate may choose a Vice-Pres 
 ide nt immediately, if there has been no election by 
 the people. If, therefore, by possibility the House of 
 Representatives, when the election devolves on them, 
 should fail to elect a President by the fourth of March, 
 the Vice -President would become President. 
 
 Congress has provided by law 1 that in case of the re 
 moval, death, resignation, or inability of both President 
 and Vice -President, the President pro tempore of the 
 Senate, and in case there is no such President, the 
 Speaker of the House of Representatives, shall act as 
 President until the disability be removed, or a Presi 
 dent be elected. If the Vice-President becomes Presi 
 dent, he holds the office during the remainder of the term 
 for which the President was elected; if the President 
 pro tempore of the Senate, or the Speaker of the House, 
 should be called to act as President, he would act till a 
 new President could be elected. Such special election 
 would be held at the same time of the year as the reg 
 ular election. 
 
 The act of 1792 provides that "whenever the offices of 
 the President and Vice-President shall both become va 
 cant," a special election shall be held. This would in 
 clude the case of non-election at the regular time, for 
 which the Constitution does not provide ; hence the 
 constitutionality of that part of the act has been 
 doubted. 
 
 As the Constitution seems to distinguish between 
 members of Congress and civil officers, in Article I, 
 Section 6, Clause 2, and as the President must "com 
 mission all the officers of the United States" (Article 
 II, Section 3), it has been maintained by some that 
 
 1 March ls% 1792. 
 
174 THE CONSTITUTION. 2. I. 7. 
 
 neither the President of the Senate nor the Speaker of 
 the House is an officer" in the meaning of the Con 
 stitution ; and, therefore, that the act of 1792 has no 
 constitutional authority, as the Constitution authorizes 
 Congress to declare what " officer " shall act as Presi 
 dent. This objection was made when the bill was 
 under discussion in the House of llepresentatives, and 
 that body substituted the Secretary of State in place 
 of the President of the Senate and Speaker of the 
 House ; but as the Senate refused to concur in this 
 substitution, the House receded from its amendment, 
 and the bill was passed as it now stands. 
 
 A vacancy in the office of President has occurred 
 three times, and in each instance by the death of that 
 officer. General William Henry Harrison died April 
 4th, 1841, just one month after his inauguration, and 
 was succeeded by John Tyler, April 6th. General 
 Zachary Taylor died July 9th, 1850, and was succeeded 
 by Millard Fillmore, July 10th. Abraham Lincoln was 
 assassinated on the night of April 14th, 1865, and was 
 succeeded by Andrew Johnson, April 15th. 
 
 Clause 7. The President shall, at stated times, receive 
 for his services a compensation, which shall neither be in 
 creased 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. 
 
 The salary of the President was made twenty-five 
 thousand dollars a year, and that of the Vice-President 
 five thousand dollars, by act of Congress September 
 24th, 1789, and again February 18th, 1793. The former 
 continued the same to the third of March, 1873, when 
 it was raised to fifty thousand. The salary of the Vice- 
 President was raised to eight thousand dollars in 1853, 
 to ten thousand March 3d, 1873, and reduced to eight 
 thousand January 20th, 1874. A furnished house is pro 
 vided for the President. The salaries are paid monthly. 
 
2. I. 8. THE EXECUTIVE OATH OF OFFICE. 
 
 175 
 
 Clause 8. Before he enter on the execution of his office, 
 he shall take the following oath or affirmation : 
 
 " / 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." 
 
 The oath is administered to the President by the 
 Chief Justice of the Supreme Court, in connection with 
 the inauguration ceremonies, which are held at noon on 
 the fourth of March. 
 
 After the death of President Harrison, Mr. Tyler took 
 the oath prescribed in the Constitution, " although he 
 deemed himself qualified to perform the duties and ex 
 ercise the powers and office of President without any 
 other oath than that which he took as Vice-President." 
 The same was done by Mr. Fillmore and Mr. Johnson. 
 It is said that the Cabinet of President Harrison pro 
 posed that Mr. Tyler be styled " Acting President," but 
 the proposition was declined. The Constitution says 
 the powers and duties of the office " shall devolve on 
 the Vice-President " in case of the removal of the Presi 
 dent, but that Congress shall declare what officer shall 
 "act as President," when there is neither President nor 
 Vice-President. There appears to be no reason, then, for 
 using the style " Acting President " in the case of the 
 Vice-President succeeding to the office, whatever might 
 be done if the President of the Senate or the Speaker 
 of the House should be called to the Executive chair. 
 
 Sec. 2, Clause I. The President shall be commander- 
 in-chief of the army and navy of the United States, and 
 of the militia of the several States when called into the 
 actual service of the United States; he may require the 
 opinion, in writing, of the principal officer in each of the 
 executive departments, upon any subject relating to the 
 duties of their respective offices, and he shall have power 
 
176 THE CONSTITUTION. 2. II. 1. 
 
 to grant reprieves and pardons for offenses against the 
 United States, except in cases of impeachment. 
 
 Most writers on the Constitution have regarded the 
 authority to command the army and navy as neces 
 sarily belonging to the Executive Department. This 
 is the opinion of Story, and Kent, and Duer. Mr. Tif 
 fany thinks, however, that the duties of the President 
 as military head of the nation may be contemplated 
 as distinct from those devolving on him as the chief 
 magistrate. "The powers and duties of the President 
 as commander-in-chief of the army and navy are sepa 
 rate and distinct from his powers and duties as the 
 simple Executive head of the nation; and neither of 
 those functions of the presidential office derives any 
 strength from the other. As the chief Executive of the 
 nation he takes no authority from the military depart 
 ment of his office; and as commander-in-chief he gets no 
 aid from the civil department of the same. That is, his 
 authority as commander-in-chief is the same as it would 
 have been, had it been an office separated from, and 
 independent of, the office of President of the United 
 States. Had the Constitution provided for the appoint 
 ment of some other person than the presidential incum 
 bent to that office, the powers and duties of the office 
 would have been the same." 1 
 
 Whatever may be true in theory, there are great prac 
 tical advantages in making the President the military 
 as well as the civil head of the nation. 
 
 The only reference in the Constitution to the heads 
 of the executive departments is found in this and the 
 following clauses. The language implies that such de 
 partments would be established, but the Constitution 
 neither in Section 8, of Article I, nor elsewhere, speci 
 fies the power to establish them as one of the powers 
 
 tiffany s Treatise, p. 340. 
 
2. II. 1. THE EXECUTIVE PARDONS. 177 
 
 belonging to Congress. The heads of these departments 
 are the advisers of the President. Collectively they are 
 called his Cabinet. They have frequent meetings at 
 which measures are discussed, and in addition their 
 written opinions are given to the President whenever 
 he requires them. The opinions of the Attorney- 
 Generals fill a number of volumes. 
 
 A reprieve suspends for a time the execution of a 
 sentence, especially when the criminal has been sen 
 tenced to death. A pardon is a full release from the 
 punishment which would otherwise be inflicted. The 
 power to reprieve or pardon implies the possible im 
 perfection of human justice. Circumstances may come 
 to light after a trial which, had they been known be 
 fore, would have secured a different result. This pre 
 rogative of mercy is found in all civilized governments, 
 and it is properly lodged with the Executive. Our 
 Constitution gives it to the President, except in cases 
 of impeachment. "The power of impeachment will 
 generally be applied to persons holding high offices 
 under the government ; and it is of great consequence 
 that the President should not have the power of pre 
 venting a thorough investigation of their conduct, 
 or of securing them against the disgrace of a public 
 conviction by impeachment, if they should deserve 
 it." (Story.) 
 
 The same writer thinks the President would have 
 no authority to pardon in case of contempts ; as it 
 would tend to make the legislative bodies wholly de 
 pendent upon his good will and pleasure for the exer 
 cise of their own powers. 
 
 The language of the Constitution is that the Presi 
 dent shall have power "to grant reprieves and par 
 dons." For the meaning and use of the expression 
 " to grant pardons," we are referred to the English 
 law, which allowed the king as the sovereign to pardon 
 before trial as well as after. Was this the intention 
 
178 THE CONSTITUTION. 2. II. 1. 
 
 of the framers of our Constitution ? Judge Field, in 
 giving the opinion of the Supreme Court in the case 
 of Garland, said: u The power thus conferred is un 
 limited, with the exception stated: it extends to every 
 offense known to the law, and may be exercised at anv 
 time after its commission, either hefore legal proceed 
 ings are taken, or during their pendency, or after con 
 viction and judgment." 
 
 Mr. Tiffany views the matter differently. "To par 
 don or reprieve a man implies that he has become, in 
 the eye of the law, the subject of punishment to be 
 inflicted upon him. It implies that the law has pro 
 nounced him guilty, and denounced upon him the 
 penalty. The Executive, as an officer of the law, can 
 know nothing of the guilt or innocence of a party, or 
 of his need of a reprieve or pardon, until his guilt has 
 been judicially ascertained. No reprieve or pardon can, 
 in law, be granted, until there be that from which a 
 reprieve is needed, or for which a pardon is demanded." 1 
 "There may be cases as in rebellion or civil war where 
 a large class of citizens may need, and public policy 
 may require, an amnesty in their behalf. But such 
 exigency addresses itself to the legislative, not to the 
 executive department of government." 2 
 
 This seems to have been the view of Congress when, 
 by act of July, 1862, they authorized the President to 
 extend pardon and amnesty by proclamation to those 
 in rebellion against the government, with such condi 
 tions as he might deem expedient. On the third of 
 December, 1863, President Lincoln issued an amnesty 
 proclamation, referring to the action of Congress. Other 
 proclamations were issued by Mr. Lincoln and Mr. 
 Johnson prior to the repeal of the section authorizing 
 such offers of amnesty. The latter, however, issued 
 proclamations of like character after the repeal Jan- 
 
 Tiffany, p. 335. 2 Ibid p. 338. 
 
2. II. 2. THE EXECUTIVE TREATIES. 179 
 
 uary 19th, 1867 giving the Constitution as his au 
 thority, in answer to an inquiry made by the Senate. 
 President Fillmore granted a conditional pardon to a 
 man convicted of murder and sentenced to be hung. 
 The condition was that he be imprisoned during his 
 life. It was commuting the sentence of death to im 
 prisonment for life. The Supreme Court held that 
 such a pardon was within the power of the President. 
 
 Clause 2. He shall have power, by and with the ad 
 vice 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 Minis 
 ters 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 es 
 tablished 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 "advice and consent" of the Senate, both in 
 making treaties and in appointments to office, is, in 
 practice, consent rather than advice. The treaty is 
 made and then sent to the Senate for their concur 
 rence. A nomination is made by the President and 
 the Senate acts upon the question of confirmation. 
 
 A treaty is an agreement or contract between two 
 nations. In Great Britain the power to make treaties 
 is in the Crown. In a republic the people may place 
 it where they choose. The wisdom of giving it to the 
 President and Senate will hardly be questioned. To 
 give it to the President alone would intrust to him 
 more power than is consistent with the nature of our 
 government. It could not well be placed in Congress 
 because of the promptness and secrecy often necessary. 
 
180 THE CONSTITUTION. 2. II. 2. 
 
 By requiring the concurrence of two-thirds of the Sen 
 ate with the President the Constitution has provided 
 as ample a guaranty as could well be required for the 
 maintenance of the rights and honor of the country. 
 
 While the power to make treaties is general and un 
 restricted it is not to be so construed as to destroy the 
 fundamental laws of the land. " A treaty to change 
 the organization of the government, to annihilate its 
 sovereignty, to overturn its republican form, or to de 
 prive it of its constitutional powers, would be void; be 
 cause it would destroy what it was designed merely to 
 fulfill, the will of the people" (Story). 
 
 Cases may arise where a given end may be reached 
 either by a treaty or by ordinary legislation. Thus, 
 Congress authorized the admission of the Republic of 
 Texas in either of two modes by treaty, to be nego 
 tiated by the Executive with that Republic; or b}^ the 
 acceptance, on the part of Texas, of certain terms speci 
 fied in the joint resolution of the two Houses. " The 
 annexation was made, in fact, by the acceptance of the 
 propositions of Congress. So that the treaty was made 
 directly with Texas by Congress, and not by the Presi 
 dent with the advice and consent of two-thirds of the 
 members of the Senate, as the treaty-making power." l 
 
 If a treaty made by the President and Senate with 
 a foreign power involve the payment of money, can 
 Congress exercise any discretion as to the appropria 
 tion ? This question came up during the administra 
 tion of President Washington, and was debated with 
 great earnestness in the House of Representatives. 
 The treaty was one made by Mr. Jay with Great Brit 
 ain, and in some of its features was obnoxious. The 
 House by a large majority passed a resolution, that 
 whenever a treaty required laws to be passed to carry 
 it into effect, they had a constitutional right to delib- 
 
 1 Farrar, p. 333. 
 
3. II. 2. THE EXECUTIVE TREATIES. 181 
 
 erate and determine the propriety or impropriety of 
 passing such laws, and to act thereon as the public 
 good should require. Shortly after, however, Congress 
 passed a law to carry the treaty into effect. 
 
 Says Chancellor Kent, " If a treaty be the law of the 
 land, it is as much obligatory upon Congress as upon 
 any other branch of the government or upon the people 
 at large, so long as it continues in force and unre- 
 pealed." l 
 
 It is claimed that whenever territory has been ac 
 quired by treaty, Congress has been consulted before 
 hand; that in the three great cases of the purchase of 
 Louisiana, of Florida, and of California, Presidents Jef 
 ferson, Monroe, and Polk consulted Congress beforehand 
 to ascertain its wishes in the matter, thus apparently 
 recognizing the authority of the House of Representa 
 tives to make or refuse the necessary appropriations. 
 
 As the Constitution (Article VI.) expressly makes 
 treaties, no less than the statutes enacted by Congress, 
 to be the supreme law of the land, might not a treat} - 
 stipulation for the payment of money be construed to 
 be an appropriation made by law, according to the 
 meaning and intent of the Constitution? If so, the 
 money might be lawfully drawn from the treasur} T , 
 even if Congress made no appropriations. 
 
 It is evident, however, that the framers of the Con 
 stitution did not contemplate the purchase of territory 
 as belonging to the treaty-making power, and President 
 Jefferson at the time Louisiana was purchased admit 
 ted that the authority to make the purchase was not 
 given to the government in the Constitution. As, prior 
 to the purchase of Alaska, Congress has always been 
 consulted whenever it was proposed to enlarge our do 
 main, and as there are grave doubts whether the ac 
 quisition of territory comes within the province of 
 
 1 Vol. I, p. 256. 
 
182 THE CONSTITUTION. 2. II. 2. 
 
 treaties, it seems desirable that in all such cases the 
 consent of Congress should be obtained. 
 
 In framing a treaty the President acts through the 
 Secretary of State, a foreign minister, or a plenipoten 
 tiary appointed for the purpose. The treaty is signed 
 by the representatives of the two nations, and then sub 
 mitted to the respective governments for their ratifica 
 tion. After the ratifications have been exchanged, the 
 President issues his proclamation, making the treaty 
 public, "to the end that it may be observed with good 
 faith by the United States and the citizens thereof." 
 
 In discussing a treaty, as well as in considering a 
 nomination, the Senate sit with closed doors. It is 
 called going into Executive session. Two-thirds of the 
 members present must concur in the ratification of a 
 treaty, while a majority is sufficient to confirm a nom 
 ination to office. 
 
 Nominations are sent to the Senate by the President 
 in writing. The nomination is by the President alone. 
 The Senate can confirm the nomination or reject it, but 
 the} r can not make the nomination. The wisdom of 
 this mode of appointment is thus stated by Mr. Ham 
 ilton : " The blame of a bad nomination would fall upon 
 the President singly and absolutely. The censure of 
 rejecting a good one would lie entirely at the door of 
 the Senate; aggravated by the consideration of their 
 having counteracted the good intentions of the Execu 
 tive. If an ill appointment should be made, the Ex 
 ecutive for nominating, and the Senate for approving, 
 would participate, though in different degrees, in the 
 opprobrium and disgrace." l 
 
 The Constitution provides that Ambassadors, other 
 public ministers and consuls, and Judges of the Supreme 
 Court, must be appointed by the President and Senate ; 
 but such " inferior officers " as Congress may designate, 
 
 1 Federalist, No. 77. 
 
2. II. 2. THE EXECUTIVE APPOINTMENTS. 183 
 
 may be appointed by the President alone, by the courts, 
 or by the heads of departments. It has not been deter 
 mined who are, or who are not, "inferior officers;" but 
 it may be considered settled that the heads of depart 
 ments do not belong to this class. If Congress does 
 not vest the appointment of any officer in the President 
 alone, in the courts, or in the head of a department, 
 then, as a matter of course, the President and Senate 
 appoint, no matter how insignificant the office may be. 
 
 The courts have been invested with very little power 
 of appointment; but the heads of departments have 
 had large power of this kind. Former^, the Post 
 master-General could appoint and remove all deputy 
 postmasters. This gave him an enormous patronage, 
 which was continually increasing. But the Thirty- 
 seventh Congress, at its third session, enacted that the 
 Postmaster-General should appoint those deputies only 
 whose compensation is less than one thousand dollars 
 a year, all others being appointed by the President. 
 
 While the Constitution makes provision for appoint 
 ment to office, it says nothing in regard to removal 
 from office. At the time the Constitution was under 
 discussion in the States, its friends spoke of the consent 
 of the Senate as no less necessary for the removal of an 
 officer than for his appointment. 1 But in the First Con 
 gress the question came up in the House of Represent 
 atives, and was discussed at great length. In a bill es 
 tablishing a Department of Foreign Affairs now called 
 the Department of State it was provided that the Sec 
 retary might be removed by the President. The debate 
 occurred on a motion to strike out this provision. 
 
 It was maintained on the one side that the power to 
 appoint and the power to remove must go together; if 
 the President could appoint only with the consent of the 
 
 1 "The consent of that body would be necessary to displace as well 
 as to appoint." Federalist, No. 77. 
 
184 THE CONSTITUTION. 2. II. 2. 
 
 Senate, their consent must also be necessary to remove. 
 On the other side it was held that appointing to office 
 and removing therefrom were executive acts. If the 
 Constitution had not associated the Senate with the 
 President in the matter of appointments, Congress 
 could not have given them that power; and as the 
 Constitution had. not conferred upon the Senate the 
 p >wer to unite with the President in removal, Congress 
 \vn* not authorized to associate them with the Presi 
 dent in removing from office. 1 The bill, with the pro 
 vision authorizing the President to remove from office, 
 finally passed the House of Representatives by a vote 
 of twenty-nine to twenty-two, and the Senate by a ma 
 jority of two. 2 How strong was the opposition to giving 
 such power to the President appears from the language 
 of Mr. Sumter, of South Carolina, who said: "This bill 
 appears, to my mind, so subversive of the Constitution, 
 and in its consequences so destructive of the liberties 
 of the people, that I can not let it pass without ex 
 pressing my detestation of the principle it involves." 3 
 " That the final decision of this question in favor of 
 the executive power of removal was greatly influenced 
 by the exalted character of the President then in office, 
 was asserted at the time, and has always been believed; 
 yet the doctrine was opposed, as well as supported, by 
 the highest talents and patriotism of the country. The 
 public, however, acquiesced in the decision ; and it con 
 stitutes, perhaps, the most extraordinary case in the his 
 tory of the government of a power conferred by impli 
 cation on the Executive by the assent of a bare majority 
 of Congress, which has not been questioned on many 
 other occasions." (Story.) 
 
 1 Annals of Congress I, p. 463. 
 
 2 When the question first came before the Senate, some members 
 were absent, and the Senate were equally divided, the Vice -President 
 giving the casting vote. Pitkin s History, vol. II, p. 326. 
 
 Annals of Congress I, p. 591. 
 
2. II. 2. THE EXECUTIVE REMOVALS. 185 
 
 For forty years after the adoption of the Constitution 
 there were very few removals from office, except as a 
 public necessity to secure greater efficiency in the dis 
 charge of official duty. Such, unquestionably, was the 
 expectation when the Constitution was formed. Mr. 
 Madison, in the debate referred to above, used the fol 
 lowing language: "I contend that the wanton removal 
 of meritorious officers would subject him (the Presi 
 dent) to impeachment and removal from his own high 
 trust." l " It can not be doubted," says Mr. Tiffany, 
 "that the practice of creating vacancies by removals 
 from office, without any reference to the fidelity or 
 efficiency of those removed, or to the better qualifica 
 tions or character of those who are appointed to their 
 places, is a violation of both the letter and the spirit 
 of the Constitution." 2 
 
 But, although for many years men were appointed to 
 office for their fitness, a change had taken place before 
 the first half century had elapsed. In 1835, during the 
 second term of General Jackson s administration, a 
 Committee of the Senate, Mr. Calhoun Chairman, ap 
 pointed to investigate the subject of Executive Pat 
 ronage," used the following language in their report: 
 u It is easy to see that the certain, direct, and inevita 
 ble tendency of this practice is to convert the entire 
 body of those in office into corrupt and supple instru 
 ments of power, and to raise up a host of hungry, 
 greedy, and subservient partisans, ready for every 
 service, however base and corrupt. Were a premium 
 offered for the best means of extending to the utmost 
 the power of patronage ; to destroy the love of country 
 and substitute a spirit of subserviency and man-wor 
 ship; to encourage vice and discourage virtue; and, in 
 a word, to prepare for the subversion of liberty and 
 the establishment of despotism, no scheme more perfect 
 
 1 Annals of Congress I, p. 497. 2 Treatise, p. 350. 
 
 C. G. 16. 
 
186 THE CONSTITUTION. 2. II. 2. 
 
 could be devised. * * The question now is, not how, 
 or where, or with whom, the danger originated, but how 
 it is to be arrested; not the cause, but the remedy." 1 
 
 Although bills had been introduced into Congress to 
 limit the President s power of removal, no bill to that 
 effect was passed until 1866. In July of that year it 
 was enacted that " No officer in the military or naval 
 service shall, in time of peace, be dismissed from serv 
 ice except upon and in pursuance of the sentence 
 of a court martial to that effect, or in commutation 
 thereof." This was under the administration of Presi 
 dent Andrew Johnson. In March, 1867, an " Act regu 
 lating the tenure of civil offices" was passed, which 
 provided that the President might suspend an officer 
 during a recess of the Senate, reporting the same with 
 the reasons for it to the Senate within twenty days 
 after their assembling; if the Senate should concur in 
 the removal, another person might be appointed. But 
 if the Senate should not concur, the suspended officer 
 was to resume his duties. This bill was vetoed by 
 President Johnson, but passed over his veto by a large 
 majority in each House. It was chiefly for violating 
 the provisons of this act, in removing Secretary Stan- 
 ton after the Senate had refused to concur in his sus 
 pension, that the House of Representatives brought 
 articles of impeachment against the President. 2 
 
 Thus, after more than three-quarters of a century, the 
 legislative construction given to the Constitution in 
 1789, was reversed in 1867. In each case the action of 
 Congress was doubtless largely influenced by their esti 
 mate of the character of the Executive. The question 
 has never yet been the subject of judicial construction. 
 
 The frequent changes in office, and the appointment 
 of men often sadly deficient in intellectual and moral 
 
 1 Senate Doc., 2d Sesa., 23d Cong., vol. 3, No. 109. 
 
 2 This act was modified by act of April 5th, 1869. 
 
2. II. 3. THE EXECUTIVE FILLING VACANCIES. 187 
 
 qualifications, form one of the sources of official cor 
 ruption. The subject of "Civil Service Reform" has 
 been largely discussed within the last few years, and 
 various plans have been suggested to remedy existing 
 evils. Three things have been affirmed to be requi 
 site in order to bring about a reform: a competitive 
 examination of all candidates for subordinate offices; 
 promotion to higher grades on the principle of service 
 and desert; and a tenure of office during good behavior, 
 or for a term of years. 
 
 Clause 3. 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. 
 
 When an appointment has been made in the usual 
 mode, that is, the President having nominated and 
 the Senate having confirmed, the commission is not 
 made out till the Senate have signified their concur 
 rence. If the person nominated by the President is 
 rejected by the Senate, of course no commission is 
 issued. But when a vacancy is filled in the recess of 
 the Senate, the President grants a commission, which 
 continues in force until the end of their next session. 
 If the President nominates to the Senate one whom 
 he had thus appointed and commissioned, and the 
 Senate confirms the nomination, a new commission is 
 issued, and, if a bond had been given under the first 
 appointment, a new one is required. 
 
 Suppose a vacancy had been filled by the President 
 in the recess of the Senate, and the officer thus ap 
 pointed should be nominated to the Senate at their 
 next session, and be rejected ; could the President, after 
 the adjournment of the Senate, re-appoint the same 
 person? Would this be a "vacancy" in the meaning 
 of the Constitution? If the Senate have rejected an 
 officer, the President should not appoint him to the 
 
188 THE CONSTITUTION. 2. III. 
 
 same office. The consent of the Senate to an appoint 
 ment is clearly required by the Constitution, and that 
 instrument contemplates action by the President alone 
 only when there is no opportunity to consult the 
 Senate. If the Senate take no action upon a nomi 
 nation, the President, whose duty it is to see that the 
 laws are executed, must make the appointment himself. 
 This occurred under the administration of President 
 J. Q. Adams. President Monroe made a nomination 
 which was rejected, and after the expiration of the 
 session filled the vacancy by an appointment. Presi 
 dent Jackson nominated a person whom the Senate 
 rejected, and he subsequently renewed the nomination 
 of the same person. The Senate laid the nomination 
 on the table, and adjourned without taking further 
 action on the subject. After the adjournment of the 
 Senate, the President appointed the man. It would 
 have been better if the Senate had acted upon the 
 nomination. The nomination having been made the 
 second time could again have been rejected. In that 
 case the President would have felt compelled to make 
 a different appointment. 
 
 Section 3. He shall from time to time give to the 
 Congress information of the. state of the Union, and 
 recommend to their consideration such measures as he 
 shall judge, necessary and expedient; lie may, on extra 
 ordinary occasions, convene both Houses, or either of 
 them, and in case of disagreement between them with re 
 spect to the time of adjournment, he may adjourn them 
 to such time as he shall think proper; he shall receive 
 ambassadors and other public minister*: he shall take 
 care that the laws be faithfully executed, and shall com 
 mission all the officers of the United State*. 
 
 It is customary for the President, at the beginning 
 of each regular session, to send a message to Congress, 
 
2. III. THE EXECUTIVE DUTIES. 189 
 
 which contains a summary of the reports from the 
 heads of departments, and a general account of the 
 operations of the government for the year, with such 
 suggestions as he may deem expedient. Accompany 
 ing the message are the full reports of the various 
 departments, and documents containing detailed infor 
 mation as to every branch of the government. The 
 "Message and Documents" and "Executive Documents" 
 fill annually a number of octavo volumes. The Presi 
 dent also sends special messages from time to time, 
 recommending such measures of legislation as he 
 thinks the interests of the country require, or con 
 taining information requested by Congress. 
 
 President Washington delivered his first message to 
 both Houses assembled in the Senate Chamber. He 
 continued to deliver his messages in person at the 
 opening of each session of Congress, during the eight 
 years of his administration, and his example was fol 
 lowed by Mr. Adams. Each House appointed a com 
 mittee to prepare a reply, which, when adopted by 
 the House, was presented to the President. This was 
 in accordance with the custom of England and other 
 constitutional governments. Mr. Jefferson, however, 
 preferred to send his message, to be read to each House 
 by its clerk. There was no expectation of an answer. 
 This custom has been followed to the present time. 
 
 The authority given to the President to convene 
 Congress has been used on eight occasions. President 
 Adams called an extraordinary session for May 15th, 
 1797, on account of the difficulties with France; Presi 
 dent Madison, May 22d, 1809, and again May 24th, 1813 
 both because of difficulties with England; President 
 Van Buren, September 4th, 1837, to consider the finan 
 cial condition of the country ; President Harrison, May 
 31st, 1841, for the same purpose; President Pierce, 
 August 21st, 1856, because of the Kansas troubles; 
 President Lincoln, July 4th, 1861, on account of the 
 
190 THE CONSTITUTION. 2. III. 
 
 rebellion in the south ; President Hayes, October 15th, 
 1877, for want of an appropriation for the Army. Pres 
 ident Jefferson convened Congress October 17th, 103, 
 three weeks earlier than usual, because of the purchase 
 of Louisiana, and the difficulties with Spain. 
 
 The House of Representatives has never been con 
 vened alone, but the Senate has often been, for execu 
 tive business. 
 
 No case has yet arisen of disagreement between the 
 two Houses in regard to the time of adjournment, and 
 therefore the President has never bad occasion to use 
 the contingent power of adjourning them. In England 
 the sovereign may at any time prorogue or dissolve 
 Parliament. . 
 
 The President is to receive ambassadors and other 
 public ministers. Diplomatic intercourse with other 
 nations is carried on through the Executive Depart 
 ment. Instructions to our foreign ministers, though 
 bearing the signature of the Secretary of State, are 
 always in the name and by the order of the President. 
 To receive an ambassador or other public minister is to 
 recognize the country from which he comes as belong 
 ing to the commonwealth of nations. The Southern 
 Confederacy made great efforts to secure such recogni 
 tion from Great Britain and France during the war of 
 the rebellion. 
 
 The power to receive involves the power to refuse 
 to receive, or to reject and dismiss. This may be done 
 for reasons pertaining to the minister himself, as in 
 the case of M. Genet, the French minister, whom 
 President Washington requested France to recall in 
 1794, or on account of the relations of the two govern 
 ments. 
 
 The President "shall take care that the laws be 
 faithfully executed, and shall commission all officers 
 of the United States." To see that the laws are exe 
 cuted is the great duty of the President. He is not to 
 
2. IV. IMPEACHMENT. 191 
 
 make the laws, or repeal them, save as the Constitu 
 tion gives him a qualified negative in their enact- 
 . ment, but to take care that the laws are duly enforced. 
 When the meaning of a law is judicially called in 
 question, it is not the province of the President to 
 decide as to the true meaning and intent of the stat 
 ute; this belongs to the Courts. He may differ from 
 the Supreme Court as to the interpretation of a law, or 
 a clause of the Constitution, or he may think a stat 
 ute unwise or inexpedient; still, whatever has been 
 enacted in accordance with the forms prescribed by 
 the Constitution, must be executed in good faith by the 
 President. For this purpose he is clothed with great 
 power; the army and navy are under his orders. 
 Either directly or indirectly all executive offices are 
 filed by men of his selection. It is his duty, therefore, 
 to see that none are appointed to office but those who 
 are honest and capable. 
 
 Section 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, brib 
 ery, or other high crimes and misdemeanors. 
 
 The other instances in which impeachments are al 
 luded to in the Constitution are these: The House of 
 Representatives shall have the sole power of impeach 
 ment ; The Senate shall have the sole power to try im 
 peachments; When the President of the United States 
 is tried, the Chief Justice shall preside ; In trials for 
 impeachments, the Senate shall be on oath or affirma 
 tion, and the concurrence of two-thirds shall be neces 
 sary for conviction; Judgment shall not extend fur 
 ther than to removal from office, and disqualification 
 to hold and enjoy an office of honor, trust, or profit 
 under the United States: The party convicted may 
 also be tried and punished according to law ; The 
 President has power to grant reprieves and pardons 
 
192 THE CONSTITUTION. 2. IV. 
 
 for offenses against the United States, except in cases 
 of impeachment; The trial of all crimes, except in 
 cases of impeachment, shall be by jury. 
 
 While it is clear that the House of Representatives 
 only can prefer articles of impeachment, and the Sen 
 ate only can try impeachments, it is not clear who 
 may be impeached. The present section prescribes a 
 minimum punishment for all "civil officers " on con 
 viction, but the Constitution nowhere defines "civil 
 officers," nor does it say that others are not liable to 
 impeachment. The term civil is here supposed to be 
 used in distinction from military and naval. Some un 
 derstand that members of Congress are not included 
 under the designation "civil officers," as Section 3, 
 Article II, provides that the President "shall commis 
 sion all the officers of the United States." As members 
 of Congress are not commissioned by the President it 
 is inferred that they are not "officers" in the sense of 
 the Constitution. 
 
 Articles of impeachment were brought against Wil 
 liam Blount, United States Senator from Tennessee, 
 in 1797. The day after the resolution to impeach 
 passed the House, Mr. Blount was expelled from the 
 Senate, by a vote of twenty-five to one. Action, how 
 ever, was taken by both Houses for going on with the 
 impeachment. Articles of impeachment were agreed to 
 January 29th, 1798, and the Senate summoned Mr. 
 Blount to appear and answer in the December following. 
 At that time the Senate formed itself into a Court, and 
 counsel for the defendant appeared and filed a plea 
 that the Senato could not impeach one who was not 
 then a Senator, and who was not an officer of the United 
 States when the offenses charged were committed. The 
 question of jurisdiction was then argued, and the court 
 decided, 1 fourteen to eleven, that they had no jurisdic- 
 
 1 Annals of Congress. 5th Congress. 
 
2. IV. IMPEACHMENT. 193 
 
 tion, and so the case ended. The decision is supposed 
 to have been on the ground that a Senator is not a 
 "civil officer" of the United States. 
 
 It appears that all "civil officers" may be im 
 peached for " high crimes and misdemeanors," and, if 
 convicted, they shall be removed from office, and may 
 be disqualified for any office under the government. It 
 does not appear that they may not be impeached for 
 other and lesser offenses, and punished in the same 
 manner, or otherwise, not exceeding that. Military 
 and naval officers, and even persons not in office may 
 be impeached; at least the Constitution does not for 
 bid it. 
 
 "It was the opinion of the framers and early admin 
 istrators of our government, that all the civil officers 
 were impeachable for minor malfeasances in office, not 
 amounting to high crimes or misdemeanors at law, 
 and punishable in any manner not exceeding removal 
 from, and disqualification for, office." 1 Mr. Madison s 
 language in regard to removal from office has already 
 been quoted : " The wanton removal of meritorious of 
 ficers would subject him (the President) to impeach 
 ment and removal from his high trust." 
 
 Besides the case of Senator Blount, there have been 
 six instances of impeachment. The first was that of 
 Judge John Pickering, of the District Court of New 
 Hampshire, in March, 1803. The second was that of 
 Judge Samuel Chase, of the Supreme Court, in March, 
 1804. James H. Peck, District Judge of Missouri, was 
 impeached in April, 1830; West H. Humphries, District 
 Judge of Tennessee, in May, 1862; Andrew Johnson, 
 President of the United States, in February, 1868; and 
 William W. Belknap, Secretary of War, in March, 1876. 
 
 The charge -against Senator Blount was an attempt to 
 carry into effect a hostile expedition in favor of the Eng- 
 
 x Farrar, p. 436. 
 C. G. 17. 
 
194 THE CONSTITUTION. 2. IV. 
 
 lish against the Spanish possessions in Florida and Lou 
 isiana, and to enlist some of the Indian tribes in the 
 same. 
 
 Judge Pickering was charged with great irregularities 
 on the bench, as well as gross intemperance. He was 
 undoubtedly insane at the time he was impeached, and 
 did not appear in person or by counsel. The decision, on 
 March 12th, 1804, was that he was guilty of the charges, 
 by vote of nineteen to seven. By a vote of twenty to six 
 he was removed from office. 
 
 Judge Chase was charged with improper conduct on 
 the bench, as manifesting partiality, injustice, and op 
 pression. There were eight articles of impeachment, on 
 two of which eighteen Senators voted " guilty," and sixteen 
 " not guilty ;" on the other six articles a majority voted 
 " not guilty." He was, therefore, acquitted on every 
 article. John Randolph was the leading Manager on the 
 part of the House to conduct the case. 
 
 Judge Peck was impeached for an abuse of his judicial 
 power in punishing Mr. L. E. Lawless, an attorney, for 
 contempt. The offense of Mr. L. was the publishing in 
 a newspaper a criticism on a decision by Judge Peck, 
 and he was punished by imprisonment for twenty-four 
 hours, and suspension from the bar for eighteen months. 
 The cbcision was in favor of Judge Peck, twenty-one 
 Senators voting " guilty," and twenty-two " not guilty." 
 Mr. James Buchanan was the Chairman of the Managers. 
 
 Judge Humphries was impeached for aiding the rebel 
 lion, for acting as Judge of a Confederate Court, for ill- 
 treating loyal men, confiscating their property, etc. He 
 did not appear in person or by counsel. The Senate 
 pronounced him "guilty" on each of the seven articles, 
 and by a unanimous vote he was removed from office, 
 and disqualified from holding any office of honor, trust, 
 or profit, under the United States. Mr. John A. Bingham 
 was the Chairman of the Managers. 
 
 President Johnson was impeached for removing Secrc- 
 
3. I. THE JUDICIARY. 195 
 
 tary Stanton from office in alleged violation of the act 
 regulating the terms of certain civil offices, passed March 
 2d, 1867, and for affirming that the Thirty-ninth Con 
 gress was no Congress, etc.. etc. The President had sus 
 pended the Secretary in August, 1867, but the Senate 
 voted in January, 1868, not to concur in the suspension. 
 In February the Secretary, who had resumed his office, 
 was removed by the President. Three days afterwards 
 the House of Representatives passed resolutions of im 
 peachment. The articles were read to the Senate March 
 4th, and the trial ended May 26th. Thirty-five Sena 
 tors voted "guilty," and nineteen " not guilty." Mr. 
 John A. Bingham was the chief manager. 
 
 Secretary Belknap was impeached for "high crimes 
 and misdemeanors in office" in receiving money for an 
 appointment to the post of trader at Fort Bill. The 
 resolution of impeachment was adopted March 3d, but 
 the trial did not end till August 1st. The question of 
 jurisdiction was raised, as the Secretary had resigned 
 before the House took action, but the Senate decided, 
 thirty-seven to twenty-nine, that they had jurisdiction. 
 The trial resulted in an acquittal, thirty-seven voting 
 "guilty," and twenty-five "not guilty." The votes 
 were nearly the same as to the guilt of the defendant 
 and as to the jurisdiction of the Senate. Mr. Scott 
 Lord was the chief manager. 
 
 ARTICLE III. 
 THE JUDICIARY. 
 
 Section 1. The judicial power of the United States 
 shall be vested in one Supreme Court, and in such inferior 
 Courts os 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 compensa- 
 
196 THE CONSTITUTION. 3. I. 
 
 tion which shall not be diminished during their contin 
 uance in office. 
 
 The Judiciary is the third of the three great depart 
 ments of the general government. The Constitution 
 itself provides for one Supreme Court, but leaves to Con 
 gress to determine how many inferior Courts should be 
 established. The organization of the Supreme Court is 
 also left to Congress. 
 
 At the first session of Congress, in 1789, an act to or 
 ganize the Judiciary was passed. Two inferior Courts 
 were established, called the Circuit Court and the Dis 
 trict Court. While there were thus three distinct Courts, 
 there were but two kinds of Judges Supreme and Dis 
 trict. The country was divided into thirteen districts, 
 in each of which a Judge was to be appointed, who was 
 to hold a Court four times in each year. These districts 
 were grouped into three circuits, in each of which a 
 Circuit Court was to be held twice a year, to be attended 
 by two Supreme Judges and the District Judge. 1 The 
 Supreme Court consisted of a Chief Justice and five Asso 
 ciate Justices. This Court was to hold two sessions each 
 year at the seat of government. 
 
 As the population of the country increased, and new 
 States were admitted into the Union, the number of 
 inferior Courts was increased, till, in 1863, there were ten 
 Circuits and about forty Districts. By the act of March 
 3d, 1863, the Supreme Court was composed of a Chief 
 Justice and nine Associate Justices, the whole equal to 
 the number of Circuits. But the act of July 23d, 1866, 
 provided that no vacancy should be filled till the num 
 ber of Associate Justices was reduced to six. 
 
 From 1793 till 1869 the Circuit Court was composed 
 of one Judge of the Supreme Court (instead of two, as 
 
 1 In February, 1801, an act was passed providing for the appoint 
 ment of sixteen Circuit Judges, but the act was in force but a single 
 year, having been repealed in March, 1802. 
 
3. I. THE JUDICIARY TERM OF OFFICE. 197 
 
 at first) and the District Judge. In 1869 an act of Con 
 gress was passed creating Circuit Judges, one for each 
 of the nine Circuits. The same act made the Supreme 
 Court to consist of a Chief Justice and eight Associate 
 Justices, corresponding to the number of Circuits. 
 
 We have seen that in both the legislative and the 
 executive departments the term of office is limited: the 
 Representatives being elected for two years, the Senators 
 for six, and the President for four. But in the judicial 
 department the office is to be held during good hchavior. 
 This is virtually for life; for a Judge of the United 
 States can be removed from office only by impeachment. 
 As the Judges are not elected by the people, but appointed 
 by the President and Senate, they would be virtually 
 dependent on the other departments of the government 
 unless their term of office was during good behavior. If 
 the President, or the President and Senate, could remove 
 them at pleasure, or if they were appointed for a limited 
 term, the Judges could not be truly independent. It was 
 the purpose of the Constitution to make this department 
 co-ordinato with the others, and with no more depend 
 ence upon them than they should have upon it. The 
 independence of the Judiciary is quite as important in a 
 republic as in a monarchy. 
 
 All the plans submitted to the Convention contained 
 this provision, that the Judges should hold their offices 
 during good behavior. While Messrs. Randolph, Pinck- 
 ney, Patterson, and Hamilton differed as to many other 
 things they agreed entirely as to the term of office of 
 the Judges. The practical working of the system has 
 been such as to commend it to the people. The Judges, 
 made thus independent of the other departments of the 
 government, and removed from the fluctuations of popu- 
 lar opinion, have discharged the duties of their high 
 trust with firmness and dignity. In some instances 
 men have been appointed to the bench who had previ 
 ously been intense political partisans; but with scarcely 
 
198 THE CONSTITUTION. 3. I. 
 
 an exception they have laid aside party feeling when 
 entering upon office, and as Judges have devoted them 
 selves faithfully and conscientiously to their appropri 
 ate duties of interpreting and applying the laws and 
 the Constitution. 
 
 In 1855 a Court of Claims was established, which has 
 jurisdiction of claims against the government founded 
 upon a law of Congress, on any regulation of an execu 
 tive department, or any contract, express or implied, 
 with the government of the United States. Before the 
 organization of this Court, those who had claims against 
 the government which were not allowed by the depart 
 ments had no remedy but to petition Congress. This 
 devolved a great deal of labor upon the members 
 of Congress, while it was still difficult to adjust the 
 claims. 
 
 This Court consists of five Judges, of whom one is 
 Chief Justice, who hold their offices during good be 
 havior. Their annual session commences at the same 
 time with that of the Supreme Court, on the first 
 Monday of December. 
 
 There is also a Supreme Court of the District of 
 Columbia, consisting of a Chief Justice and four As 
 sociates, who hold their offices during good behavior. 
 Any one of these Justices may hold a District Court 
 for the District of Columbia, with the same powers 
 and jurisdiction as are exercised by the other District 
 Courts of the United States. 
 
 Supreme and District Courts are established in the 
 Territories, but they are not considered as an integral 
 part of the Judiciary of the United States. They are 
 established by Congress in virtue of the general sover 
 eignty which exists in the general government over 
 the Territories. The Judges are usually appointed for 
 four years, unless sooner removed. 
 
 The general Judicial system of the United States 
 consists, then, of three grades of Courts the Supreme, 
 
8. I. THE JUDICIARY COMPENSATION. 199 
 
 the Circuit, and the District. There are also three 
 grades of Judges, corresponding to the Courts. The 
 Supreme Court is held by the Supreme Judges, and 
 the District Court by the Judge for the District. But 
 the Circuit Court may be held by a Supreme Judge, the 
 Circuit Judge, or the District Judge, or by any two of 
 them. The Court for the District of Columbia is special 
 for that locality, and the Court of Claims is special in 
 regard to the cases brought before it. 
 
 The compensation of the Judges of the United States 
 Courts shall not be diminished during their continu 
 ance in office. The propriety of this provision is obvi 
 ous. If Congress could reduce their salaries at pleasure 
 it would place them at the mercy of the legislative de 
 partment, and thus destroy their independence. 
 
 When the Courts were organized in 1789, the salary 
 of the Chief Justice of the Supreme Court was placed at 
 $4000, and those of the Associate Justices at $3500 each. 
 The District Judges received from $1000 to $1800. The 
 salaries have been raised from time to time; since 
 March, 1873, they have been as follows : the Chief 
 Justice, $10,500; the Associates, $10,000; the Circuit 
 Judges, $6000, and the District Judges from $C500 to 
 $5000. 
 
 By act of April 10th, 1869, it was provided that any 
 Judge of any Court of the United States, having held his 
 commission ten years, and having attained the age of 
 seventy years, might resign his office and receive the 
 same salary during life which was payable to him at 
 the time of his resignation. 1 
 
 The officers of the United States Courts are Attorneys, 
 Marshals, Reporters, and Clerks. The Attorney-General 
 is charged with the duty of conducting suits in the 
 Supreme Court in which the United States, shall be 
 
 1 Judges Robert C. Grier and Samuel Nelson of the Supreme Court 
 have resigned under this provision. 
 
200 THE CONSTITUTION. 3. II. 1. 
 
 concerned. He is also to give his advice and opinion 
 upon questions of law when required by the President, 
 or requested by the heads of any of the departments 
 touching any matters that may concern their depart 
 ments. He has a seat in the Cabinet, and is at the 
 head of the Department of Justice established in 1870. 
 
 The Supreme Court has a Reporter, whose duty it is 
 to report all the cases brought before that Court. These 
 reports are published, and now fill many volumes. 1 In 
 each judicial district there is a District Attorney, who 
 attends to all cases in the District and Circuit Courts 
 in which the United States is a party. Each district 
 has also a Marshal, who is the executive officer of the 
 Court, performing the same general duties in the 
 United States Courts as the Sheriff in the State Courts. 
 He carries out the order or judgment of the Court, and 
 executes its process. The Clerk keeps a record of all 
 the proceedings, giving a history of each case, with all 
 the orders, decrees, judgments, etc., of the Court. He 
 keeps the seal of the Court, and has charge of any 
 moneys paid. The Attorney, Marshal, and Clerk of the 
 District Court are also officers of the Circuit Court. The 
 Attorney and Marshal are appointed by the President 
 and Senate, but each Court appoints its own Clerk. 
 
 Sec. 2, Clause 1. The judicial power shall extend to 
 all cases in law and equity arising under this Constitution, 
 the laws of the United States, and treaties made, or which 
 shall be made, under their authority; to all cases affecting 
 ambassadors, other public ministers, and consuls; to all 
 
 1 The Keporters have been as follows: 
 
 Alexander J. Dallas, 1789 to 1800. Benj. C. Howard, 1843 to 1860. 
 William Cranch, 1801 to 1815. Jeremiah S. Black, 1861 to 1862. 
 Henry Wheaton, 1816 to 1827. John W. Wallace, 1863 to 1875. 
 Richard Peters, Jr., 1828 to 1842. W T m. T. Otto, 1875 to . 
 
 A reference to 5 Wheaton, 317. means the 5th Vol., 317th page 
 of Wheaton s Reports. 
 
3. II. 1. THE JUDICIARY CASES. 201 
 
 cases of admiralty and maritime jurisdiction ; to contro 
 versies 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. 
 
 The judicial power extends to all cases, etc. The Court 
 has no power to act except when cases are brought before 
 it. "All cases in law and equity are all suits, civil and 
 criminal, involving controverted rights between party 
 and party, and instituted in legal form of judicial pro 
 ceedings. * Until a case has been regularly brought before 
 the Court the Judges have no power in regard to it. It 
 is not their province to give information to Congress that 
 a proposed law is unconstitutional, nor does it belong to 
 them to advise the President that a law already enacted 
 is in conflict with the Constitution. Their power is 
 judicial merely. When a suit is commenced, and the 
 case is before them, it is their duty to interpret the law 
 involved, and to give the meaning of any part of the 
 Constitution which may have a bearing upon the matter 
 at issue. But the Court can not go beyond the case which 
 is before them and give their views as to points not in 
 volved. The Judges do not make the law; they interpret 
 and apply it ; and this only as cases are regularly brought 
 before the Court. 
 
 The judicial power extends to cases in equity. " There 
 is hardly a subject of litigation between individuals 
 which may not involve those ingredients of fraud, acci 
 dent, trust, or hardship, which would render the matter 
 an object of equitable rather than of legal jurisdiction, 
 as the distinction is known and established in several 
 of the States. It is the peculiar province, for instance, 
 
 1 Farrar, p. 458. 
 
202 THE CONSTITUTION. 3. II. 1. 
 
 of a Court of Equity to relieve against what are called 
 hard bargains. These are contracts in which, though 
 there may have been no direct fraud or deceit, sufficient 
 to invalidate them in a court of law, yet there may have 
 been some undue and unconscionable advantage taken of 
 the necessities or misfortunes of one of the parties, which 
 a Court of Equity would not tolerate. In such cases, 
 where foreigners were concerned on either side, it would 
 be impossible for the federal judicatories to do justice 
 without an equitable as well as a legal jurisdiction." 1 
 In some of the States there are separate Courts for cases 
 of equity, called Courts of Equity or Courts of Chancery. 
 In other States, the same Court has jurisdiction both in 
 law and equity ; this is the case, as we have seen, in the 
 United States Courts. 
 
 The power extends to cases arising under the Constitu 
 tion, the laws of the United States, and treaties made under 
 their authority. The Constitution confers certain powers, 
 grants certain privileges, and secures to the citizen cer 
 tain rights. If a citizen should be injured in regard to 
 any of these, he could seek redress in a United States 
 Court. If a law of the United States is violated, the 
 offender mu^t be tried before a National, not before a 
 State Court. Robbery of the mail, evasion of the revenue 
 laws, counterfeiting the coin of the country, would be 
 instances of this. Any disregard of the stipulations of 
 a treaty, whether by an individual, a corporation, or a 
 State, would lead to a case arising under the treaties 
 made by the authority of the United States, which must 
 be tried before a National Court. 
 
 The propriety of referring to the Courts of the United 
 States the various cases enumerated in this clause can 
 not be questioned. "The judicial power," says Chief 
 Justice Jay, " extends to all cases affecting ambassadors, 
 other public ministers, and consuls; because, as these 
 
 1 Federalist, No. 80. 
 
3. II. 1. THE JUDICIARY JURISDICTION. 203 
 
 officers are of foreign nations, whom this nation is bound 
 to protect, and treat according to the laws of nations, 
 cases affecting them ought to be cognizable only by na 
 tional authority : 
 
 To all cases of admiralty and maritime jurisdiction ; 
 because, as the seas are the joint property of nations, 
 whose rights and privileges relative thereto are regulated 
 by the laws of nations and treaties, such cases necessarily 
 belong to national jurisdiction: 
 
 To controversies to which the United States shall 
 be a party ; because, in cases in which the whole people 
 are interested, it would not be equal or wise to l?t any 
 one State decide and measure out the justice due to 
 others : 
 
 To controversies between two or more States ; because 
 domestic tranquillity requires that the contentions of 
 States should be peacefully terminated by a common 
 judicatory, and because, in a free country, justice ought 
 not to depend on the will of either of the litigants : 
 
 To controversies between a State and citizens of 
 another State ; because, in case a State that is, all the 
 citizens of it has demands against some citizens of 
 another State, it is better that she should prosecute their 
 demands in a National Court than in a Court of the 
 State to which those citizens belong, the danger of irri 
 tation and criminations arising from apprehensions and 
 suspicions of partiality being thereby obviated : 
 
 To controversies between citizens of the same State 
 claiming lands under grants of different States; because, 
 as the rights of the two States to grant the land arc 
 drawn into question, neither of the two States ought to 
 decide the controversy: 
 
 To controversies between a State, or the citizens 
 thereof, and foreign States, citizens, or subjects; be 
 cause, as every nation is responsible for the conduct 
 of its citizens, toward other nations, all questions 
 touching the justice due to foreign nations or people 
 
204 THE CONSTITUTION. 3, II. 1. 
 
 ought to be ascertained by and depend on national 
 authority." l 
 
 The judicial power of the United States is thus made 
 to extend to all cases involving national questions. The 
 Supreme Court is to construe the laws and Constitution 
 of the United States. The crowning defect of the old 
 Confederation was that there was no national judiciary. 
 The United States had treaties with other nations, whose 
 import, like that of other laws, must be ascertained by 
 judicial determinations. "To produce uniformity in 
 these determinations, they ought to be submitted in the 
 last resort to one Supreme tribunal. And this tribunal 
 ought to be instituted under the same authority which 
 forms the treaties themselves. If there is in each State a 
 court of final jurisdiction, there may be as many different 
 final determinations on the same point as there are courts. 
 To avoid the confusion which would unavoidably result 
 from the contradictory decisions of a number of inde 
 pendent judicatories, all nations have found it necessary 
 to establish one tribunal paramount to the rest, possess 
 ing a general superintendence, and authorized to settle 
 and declare in the last resort a uniform rule of civil 
 justice." 2 " Thirteen independent courts of final juris 
 diction over the same causes arising upon the same laws, 
 is a hydra in government, from which nothing but con 
 tradiction and confusion can proceed." 3 
 
 The good results anticipated from the judicial sys 
 tem of the United States have been, to a large extent, 
 realized. "The act of September, 1789, providing for 
 the organization of the courts, has stood the test of 
 experience since that time with very little alteration 
 or improvement ; and this fact is no small evidence of 
 the wisdom of the plan, and of its adaptation to the 
 interest and convenience of the country. The act was 
 the work of much profound reflection and of great 
 
 2 Dallas, 419, 475. 2 Federalist, No. 22. 3 Ibid, No. 80. 
 
3. II. 1. THE JUDICIARY JURISDICTION. 2G5 
 
 legal knowledge; and the system then formed and re 
 duced to practice has been so successful and so benefi 
 cial in its operation that the administration of justice 
 in the federal courts has been constantly rising in in 
 fluence and reputation." l The Chairman of the Com 
 mittee that reported the bill was Oliver Ellsworth, of 
 Connecticut, who subsequently held the office of Chief 
 Justice of the Supreme Court. 
 
 The Constitution, as it originally stood, allowed suits 
 to be brought against a State by citizens of another 
 State, or by citizens or subjects of a foreign State. 
 This caused dissatisfaction on the part of the States, 
 as they were unwilling to be arraigned before the 
 United States Courts on suits brought by private per 
 sons. For this reason an Amendment to the Constitu 
 tion was proposed by Congress March 5th, 1794: 
 
 TJie 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 anotJier State, or by citizens or subjects of any foreign 
 
 State. 
 
 This was ratified by the legislatures of three-fourths 
 of the States, and became a part of the Constitution, 
 as announced by the President, January 8th, 1798. It 
 is the Eleventh Amendment. While it relieves so far 
 the dignity of the States, it weakens the power of the 
 national judiciary to do justice to the citizen, which is 
 one of the ends for which the Constitution was formed. 
 
 The word State, in this clause (1) is interpreted by the 
 Courts as not including the Territories or the District 
 of Columbia. Hence, a citizen of one of the Territories 
 or of the District of Columbia can not bring a suit in 
 a United States Court. The National Courts, which are 
 open to the citizens of every State, and even to aliens. 
 
 1 Kent I, p. 305. 
 
206 THE CONSTITUTION. 3. II. 2, 
 
 are closed against a portion of the citizens of the United 
 States. 
 
 No direct suit can be brought against the United 
 States either by a citizen or a State, without the au 
 thority of an act of Congress. 1 But claims against the 
 government may be brought before the Court of Claims. 
 
 Nor are the officers of the general government liable 
 to be sued for acts performed in the regular discharge 
 of their official duties. " The suability of the officers 
 for acts in the regular routine of their duties, and their 
 liability to appear in courts, and plead such process, or 
 answer for it in their own persons or property, would 
 not only stop the wheels of government, but break the 
 whole machine to pieces, and put an end to that po 
 litical ideal being the United States." 2 
 
 Clause 2. In fill canes 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 regula 
 tions as the Congress shall make. 
 
 Jurisdiction is the power to hear and determine a 
 cause. Original jurisdiction is the right to hear and 
 determine a cause in the first instance. If a suit can 
 be commenced in the Circuit Court, for instance, then 
 that Court has original jurisdiction in the case. But 
 if the case must be commenced in the lower court, then 
 the Circuit Court has only appellate jurisdiction. 
 
 The Constitution vests the judicial power in one 
 Supreme Court and in such inferior Courts as Congress 
 may establish. One Supreme Court must be estab 
 lished, but Congress may exercise its discretion as to 
 the number and character of the inferior Courts. So, 
 
 1 6 Wheaton, 411. 2 ( Wirt ) Opin. of Alt-Generals, I, p. 457. 
 
3. II. 2. THE JUDICIARY JURISDICTION. 207 
 
 also, the Constitution itself prescribes the cases in 
 which the Supreme Court shall have original jurisdic 
 tion, that is, the cases which may be commenced in 
 the Supreme Court. All other cases to which the ju 
 dicial power of the United States extends must be 
 commenced in inferior Courts, and come before the Su 
 preme Court only by way of appeal or review. 
 
 "It has been decided by the Court that this original 
 jurisdiction can neither be enlarged nor diminished; 
 because, if enlarged it would detract from the Consti 
 tutional appellate jurisdiction ; and, if diminished, it 
 would so far deny all jurisdiction to the Supreme 
 Court, which can take appellate jurisdiction only in 
 other cases. It must also be exclusive; because, if a 
 case of this kind can originate in any other Court, this 
 Court, not being able to take appellate jurisdiction, 
 could have no jurisdiction at all." l 
 
 The language of this clause, as to the appellate poAver 
 of the Supreme Court, implies the establishment of the 
 inferior Courts in which the suits can be commenced. 
 As already stated, two inferior Courts have heen estab 
 lished : the Circuit Court and the District Court. The 
 act of Congress establishing them prescribes in what 
 cases the District Court and in what the Circuit shall 
 have original jurisdiction. Of some cases, the District 
 Courts were to have exclusive original jurisdiction ; 
 and of others, this jurisdiction was to be concurrent 
 with the Circuit Courts and the State Courts. So, also, 
 the cases are prescribed which may be carried from the 
 District Court up to the Circuit, and those which may 
 be carried from the Circuit up to the Supreme Court. 
 
 Unless Congress had made these "exceptions and 
 regulations " the Supreme Court would have, by the 
 Constitution, appellate jurisdiction in all the cases 
 coming under the cognizance of the National Courts, 
 
 ^arrar, p. 468. 
 
208 THE CONSTITUTION. 3. II. 2. 
 
 except those in which the Constitution had given 
 them original jurisdiction. Congress has "excepted" 
 some cases out of the appellate jurisdiction of the Su 
 preme Court, giving the final disposition of them to 
 the inferior Courts. 
 
 The Act of Congress now referred to provides for the 
 exercise of appellate power by the Supreme Court in 
 certain cases which have been decided by the highest 
 State Courts. Of course, these cases involve the Consti 
 tution, laws, or treaties of the United States; otherwise, 
 the decision of the State Supreme Court would be final. 
 
 Two views are held as to the appellate jurisdiction of 
 the Courts. The language of the Constitution is, "In 
 all the other cases before mentioned the Supreme Court 
 shall have appellate jurisdiction both as to law and fact, 
 with such regulations and exceptions as Congress shall 
 make." Some maintain that the expression, " with such 
 exceptions and regulations as Congress shall make," 
 gives Congress the control of the whole matter. They 
 hold that the Courts can exercise appellate jurisdiction 
 in those cases only which Congress has provided for. 
 If Congress had not provided any rule to regulate the 
 proceedings on appeal, the Court could not exercise 
 any appellate jurisdiction. This theory is, that all the 
 judicial power of the nation, except in cases affecting 
 ambassadors, etc., or those in which a State is a party, 
 is placed at the disposal of Congress, who may give it 
 out at their discretion. 
 
 Others hold that the Constitution itself vests the ju 
 dicial power of the nation in the Supreme Court, and 
 such inferior Courts as Congress may establish. The 
 language of the Constitution is the same for the three 
 departments of the government. As it says the Legis 
 lative power "shall be vested" in Congress, and the 
 Executive power in the President, so the Judicial power 
 "shall be vested" in the Courts. By the Constitution 
 Congress mav make the necessarv laws, the President 
 
3. II. 2. THE JUDICIARY- APPELLATE POWER. 209 
 
 may execute them, and the Courts may interpret and 
 apply them. As Congress is not dependent upon the 
 President for authority to legislate, neither are the 
 Courts dependent on Congress for authority to exercise 
 their judicial functions. According to this view the 
 whole judicial power belongs to the Courts. " Congress 
 may remove or except some cases out of the appellate 
 jurisdiction of the Supreme Court by giving it to some 
 other Court of the United States, but not by abolishing 
 it, or leaving it to be exercised or not by any body else. 
 They may also make * regulations ; that is, prescribe 
 rules by which the jurisdiction shall be exercised so 
 as to render it efficient and effectual for its purposes., 
 but in no case to limit or obstruct it. 
 
 "The only power conferred on Congress by this clause 
 is to make exceptions to, and regulations for, the ap 
 pellate jurisdiction of the Supreme Court. If they do 
 neither, that Court has the whole appellate power by 
 the Constitution. If they make exceptions, they must 
 give cases excepted to some inferior Court. If they 
 make regulations, the jurisdiction must be exercised 
 according to the rules so prescribed; otherwise, the 
 jurisdiction must be exercised in conformity to such 
 rules as the Court itself may prescribe, according to 
 law." 1 Though the former of these views has been the 
 one adopted in the main, both by the Legislative and 
 Judicial departments of the government, the latter seems 
 to be more in accordance with the spirit and letter of 
 the Constitution. 
 
 The Courts of the United States have a wider scope 
 than those of Great Britain. If a law of Congress con 
 flicts with the Constitution, the Supreme Court may 
 declare it null and void. But the Courts of Great Brit 
 ain can only interpret and apply the statutes of Par 
 liament; they can not declare them null. There is 
 
 1 Farrar, p. 471. 
 C. G. 18. 
 
"210 THE CONSTITUTION. 3. II. 2. 
 
 no question of constitutionality or unconstitutionally 
 touching an act of the British Parliament. Parliament 
 itself is supreme for law-making purposes; it possesses 
 all the legislative power of the British people. But 
 while Congress can repeal or amend their own statutes, 
 they can not alter or amend the Constitution. The 
 Constitution is the work of the people, and they alone 
 can amend it. The legislative power of Parliament, 
 therefore, is broader than that of the Congress of the 
 United States, and, as a consequence, the province of 
 the British Courts is narrower than that of ours. 1 
 
 It has been already said that the powers of the Courts 
 are judicial, not political. Thus if there were two con 
 tending parties, each claiming to be the rightful govern 
 ment, of France, for instance, the question would not 
 he left to the Judiciary. So if there should be a con 
 test between two parties in a State, each claiming to 
 be the legitimate government, the question would be 
 a political, and not a judicial, one. Congress has de 
 cided that the votes of certain States should not be 
 counted in an election for President; Congress has also 
 decided that, where the legislature of a State had voted 
 to ratify an amendment to the Constitution, and subse 
 quently withdrawn its ratification, the vote of ratifica 
 tion must be counted. The Supreme Court has it 
 self decided that certain questions were political, and 
 therefore did not come within its jurisdiction. The 
 judiciary can not prescribe a policy for the govern 
 ment of the country. That must be left to the other 
 departments. The judicial department can not restrain 
 the others in their action, though the acts of both, 
 when performed, are, in proper cases, subject to its 
 cognizance. 2 
 
 There is danger in times of high political excitement 
 that one department may encroach upon another; but 
 
 1 Yeaman s Study of Government, Chap. vii. 2 4 Wallace, 500. 
 
3. II. 2. THE JUDICIARY DECISIONS. 211 
 
 no government, save an absolute despotism, could be 
 framed in \vbich this liability would not exist. We 
 have a right to assume that each department of the 
 government will honestly and in good faith confine 
 itself to the duties which by the Constitution have 
 been assigned to it. 
 
 Apprehension is sometimes expressed lest the Su 
 preme Court, by deciding acts of Congress to be unconsti 
 tutional, may obstruct the work of legislation, and block 
 the wheels of government. But it must be remembered 
 that each of the three great departments of the govern 
 ment is clothed with great power, and each may do in 
 calculable mischief, if so disposed; yet the history of the 
 nation does not show that this power has been so used 
 to any considerable extent. In general, the National 
 Courts have been extremely cautious in regard to in 
 terference with the laws of Congress. 
 
 " It is an axiom in our jurisprudence," says Judge 
 Swayne (United States vs. Rhodes and others), "that 
 an act of Congress is not to be pronounced unconsti 
 tutional unless the defect of power to pass it is so clear 
 as to admit of no doubt. Every doubt is to be resolved 
 in favor of the validity of the law. Since the organi 
 zation of the Supreme Court but three acts of Congress 
 have been pronounced void for unconstitutionality." 
 
 The first instance was in 1801, at the beginning of 
 Mr. Jefferson s administration. Near the close of the 
 administration of Mr. Adams, a person was appointed 
 to office and his commission made out, but not deliv 
 ered. Mr. Jefferson withheld the commission. Appli 
 cation was made to the Supreme Court for a writ of 
 mandamus, to compel Mr. Madison, the Secretary of 
 State, to deliver it; the judiciary act of 1789 author 
 izing the Supreme Court to issue such writs. But the 
 Court, while they held that to withhold the commission 
 was an act not warranted by law, and violative of a 
 vested legal right, decided that clause of the act of 1789 
 
212 THE CONSTITUTION. 3. II. 2. 
 
 to be unconstitutional, as it gave the Court original 
 jurisdiction where the Constitution had not given it. 1 
 
 The second instance was in the celebrated Dred Scott 
 case, in Mr. Buchanan s administration, in 1857. The 
 Court decided that the eighth section of the act of Con 
 gress of 1820, preparatory to the admission of Missouri 
 into the Union, commonly called the " Missouri Com 
 promise," was unconstitutional. This section prohibited 
 slavery in that part of the Louisiana territory lying 
 north of thirty-six degrees thirty minutes north lati 
 tude, and not included in the State of Missouri. 2 (It was 
 claimed by the minority of the Court at the time, and by 
 other Judges of the same Court since, that this question 
 was not bofore the Court, and, therefore, that what was 
 said in regard to it was no more binding than the views 
 of the minority.) 
 
 The third case was that of Garland, of Arkansas, 
 which was tried in the winter of 1866-7- Congress 
 had enacted, (Act of July, 1862, amended by that of 
 January, 1865,) that all officers of the United States, 
 including attorneys practicing in United States Courts, 
 should take a test oath. The Supreme Court decided 
 that this act was unconstitutional as to attorneys of 
 the Supreme Court, who were such before the rebellion, 
 as being a bill of attainder and an ex post facto law. 3 
 
 The last two decisions were made in times of high 
 political excitement, and were severely commented 
 upon by lawyers ; the dissenting judges also gave their 
 reasons for believing the laws in question to be strictly 
 constitutional. Some other cases have occurred more 
 recently, but they are comparatively unimportant. 
 
 The fact that, in a period of more than fourscore years, 
 Congress enacted but three laws, which, in the judg 
 ment of the Supreme Court, contained any thing conflict- 
 
 l l Cranch, 137, Marbury vs. Madison. 2 19 Howard, 393, Scott 
 vs. Sandford. 3 4 Wallace, 334, Ex parte Garland. 
 
3. II. 3. THE JUDICIARY TRIAL OF CRIMES. 213 
 
 ing with the Constitution, is a proof of the care and 
 caution of Congress on the one hand, and, on the other, 
 of the disposition of the Judiciary to avoid all encroach 
 ment upon the Legislative department of the govern 
 ment. 
 
 Clause 3. The trial of all crimes, except in cases of 
 impeachment, shall be by jury ; and such trial shall be 
 held in the State where the said crimes shall have been com 
 mitted; but when not committed ivithin any State, the trial 
 shall be at such place or places as the Congress mny by 
 law have directed. 
 
 A trial by jury is a trial by twelve men, impartially 
 selected, who must all concur in the guilt of the person 
 accused before he can be convicted. This right of trial 
 by jury has long been regarded as one of the bulwarks 
 of liberty. In the celebrated Magna Charta, granted by 
 King John, at Runnymede, June 15th, 1215, is the fol 
 lowing article: No freeman shall betaken, or im 
 prisoned, or disseized, or outlawed, or banished, or any 
 ways injured; nor will we pass upon him, nor send upon 
 him, unless by the legal judgment of his peers, or by 
 the law of the land." "Nor will we pass upon him, nor 
 send upon him " (nee super eum ibiinus, nee super eum 
 mittemus), is interpreted to mean that no man should 
 be condemned (without trial by his peers) either in the 
 Court of the King s Bench, where the king is supposed 
 to be always present, and to render judgment in his own 
 person, or before any judge whom the king may dele 
 gate to try him. 1 
 
 The word peers means equals, and has reference to the 
 different classes or orders of men in a country like Eng 
 land. Another article of Magna Charta says : " Earls 
 and barons shall not be amerced but by their peers." A 
 man must be tried by a jury composed of those who are 
 
 1 Bowen s Constitution of England and America, p. 11. 
 
214 THE CONSTITUTION. 3. II. 3. 
 
 of the same rank or standing with him. In the United 
 States, as we have no orders of nobility, the trial is by 
 a jury of impartial men. 
 
 Most of the cases that come before the Supreme Court, 
 and many of those before the lower Courts, are decided 
 by the Court; there is no jury. But the Judiciary act 
 of 1789 provides that issues of fact, in the District Courts, 
 in all causes, except civil causes of admiralty and mari 
 time jurisdiction, shall be by jury. So in the Circuit 
 Courts, with the exception of equity suits, besides those 
 above named, the trial of issues of fact shall be by jury. 
 But the Constitution requires that all criminal cases, 
 before any United States Court, shall be by jury. Cases 
 of impeachment are tried by the Senate, as we have 
 seen. 
 
 The trial must take place in the State where the 
 crimes were committed. This is a provision in favor 
 of the accused. He is made to suffer as little incon 
 venience as possible. Offenses "not committed in any 
 State" are those in the District of Columbia; in the 
 organized territories ; in the Indian country; in the forts 
 and arsenals of the United States; and upon the high 
 seas. Provision is made by law for ail these; those 
 committed upon the high seas are tried in the State 
 where the vessel first arrives. 1 
 
 With us there is no conviction unless the jury are 
 unanimous. "The unanimity required in the verdicts 
 of English and American juries was not originally re 
 quired among the people with whom the institution 
 had its origin; the verdict being reckoned by a major 
 ity, except among the Normans after they went to that 
 province of France which has since borne their name. 
 * * In Sweden the jury exists to-day as it has existed 
 for many centuries. A verdict is given by one-half the 
 jury, or any greater proportion, and the judge; or by a 
 
 1 Paschal s Annotated Constitution, p. 211. 
 
Amend. 5. THE JUDICIARY TRIAL OF CRIMES. 215 
 
 unanimous jury against the opinion of the judge ; there 
 being no verdict when the majority are opposed by a 
 minority and the judge. * * We could now well con 
 sider whether absolute unanimity may not safely be 
 dispensed with ; whether the jury is not less a necessity 
 in a perfectly free community of equals than in one 
 composed of the three orders ; whether its functions, in 
 the progress of our political growth, have not been in 
 great part, or entirely performed, so that in the future it 
 is to be simply a preservative and safeguard instead of 
 a forming and guiding influence a conservative rather 
 than a progressive force; and therefore whether we may 
 not well limit its application to penal, criminal, and 
 political causes and actions arising in tort or sounding 
 in damages; leaving all matters of account, contract, 
 title, and estates, entirely to the Court, without the in 
 tervention of a jury. Such, at least, seems to be the 
 tendency of the professional judgment of the country." J 
 We may consider here some Amendments which re 
 late to the subject of the Judiciary. 
 
 Amendment 5. No person shall be held to answer for 
 a capital or otherwise infamous crime, unless on a present 
 ment 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 jeopard y of life or limb ; nor shall be compelled in any 
 criminal case to be a witness against himself, nor be de 
 prived of life, liberty, or property, without due process of 
 law; nor shall private property be taken for public use 
 without just Compensation. 
 
 There are two juries, the grand jury and the petit 
 jury ; the latter being meant when the word jury is 
 
 1 Yeaman, Chap. xiii. 
 
216 THE CONSTITUTION. Amend. 5. 
 
 used without any qualifying term. The grand jury is 
 composed of a number of men, not less than twelve 
 nor more than twenty-three, selected ns prescribed by 
 law. In the National Courts after the grand jury has 
 been impaneled, the Judge delivers his charge to 
 them, directing them to make careful inquiry of all 
 offenses committed within the district against the 
 laws of the nation, and to make presentment of the 
 same. 
 
 A presentment is an accusation made by the grand 
 jury from their own observation or knowledge, or 
 from evidence before them. An indictment is a formal 
 accusation drawn up by the proper officer in the 
 United States Courts, the district attorney charging 
 offenses upon certain parties. It is the duty of the 
 grand jury to examine the grounds of this accusation. 
 If the evidence seem to them insufficient to warrant a 
 trial of the party accused, they endorse upon the bill 
 of indictment, " not a true bill," or " not found," and 
 the prisoner is released. But if they regard the accu 
 sation as well founded, they endorse upon the indict 
 ment the words " a true bill." In this case they are 
 said to find the indictment, and the person accused 
 must be brought to trial. A presentment may lead to 
 an indictment, or it may not. Sometimes it is a mode 
 taken by the grand jury to call public attention to cer 
 tain acts which are thought worthy of reprehension. 
 Though the Constitution says no person can be tried 
 unless on a presentment or indictment, no person is, in 
 fact, brought to trial except on indictment. Congress 
 has never authorized trials on presentment. 
 
 No person may be subject to a second trial for the 
 same offense. That is, when by the verdict of a jury, 
 a man has been regularly acquitted or convicted of the 
 offense charged, and judgment has been pronounced, 
 he can not be tried for that offense a second time. But 
 if the jury could not agree, or were discharged before a 
 
Amend. 6. THE JUDICIARY-TRIALS. 217 
 
 verdict was rendered, or if judgment was arrested after 
 a verdict, or a new trial granted in his favor, he might 
 be tried again. 
 
 No person may be compelled to testify against him 
 self, or be deprived of life, liberty, or property, without 
 due process of law. In former times criminals have 
 been compelled, and in some countries are now, to be 
 witnesses against themselves, and even torture is used 
 to wring from them a confession of guilt. Though the 
 protection to the citizen specified in this Amendment 
 was among the common-law privileges, it is inserted 
 here for additional security. 
 
 Private property shall not be taken for public use 
 without just compensation. It is necessary for the 
 government sometimes to take possession of private 
 property for public purposes. A road is to be made, 
 or a street is to be opened, for example. In some cases 
 the property is purchased beforehand ; but if a price 
 can not be agreed on, or the owner will not sell, the 
 property is condemned, and a jury are summoned to 
 assess the damages. They may not place as high an 
 estimate on it as the owner does, but this is a liability 
 to which all are subject alike. 
 
 Amend ment 6. In all criminal prosecutions the ac 
 cused 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 in 
 formed of the nature and cause of the accusation ; to be 
 confronted with the witnesses against him; to have com 
 pulsory process for obtaining ivitnesses in hitt favor; and 
 to have the assistance of counsel for his defense. 
 
 All but the last two of these provisions were a part 
 of the common law of England. But, until a period, 
 comparatively recent, the accused was not, in that 
 C. G. 19. 
 
218 THE CONSTITUTION. Amend. 6. 
 
 country, allowed in capital cases to have the assistance 
 of counsel, or the right to compel the attendance of 
 witnesses. We can hardly credit the statement, that 
 before the accession of William and Mary, in 1688, a 
 person arraigned for a capital crime was entitled neither 
 to witnesses nor counsel. Yet such was the fact. 
 (Judge Story). It was well, therefore, to guard these 
 rights by a provision in the Constitution; thus mak 
 ing sure that in all the land an accused person should 
 be entitled not only to a trial by jury, but to witnesses 
 and counsel as well. 
 
 Both these Amendments have reference to the civil 
 administration of the government in time of peace. 
 11 \Vhenever from invasion or rebellion the public safety 
 may require the administration of martial authority, 
 criminals may be tried, convicted, and executed, with 
 out the intervention of a jury." 1 " The conspirators 
 who assassinated the President of the United States 
 while the country was in a state of war, and while the 
 city of Washington was under martial law, were tri 
 able by military commission under the act of Congress, 
 and not entitled to a trial by jury." 2 " The Constitution 
 contemplates the possible existence of war with all its 
 stern realities ; and provides for an administration of 
 authority under its provisions suited to such exigen 
 cies. In times of peace the citizen is to be secure in 
 the enjoyment of his civil liberty and rights, according 
 to the established forms and usages of law. But the 
 Constitution contemplates the possibility of a state of 
 public danger arising from the presence of a foreign or 
 domestic foe. * * It contemplates the necessary sus 
 pension for the time being, and in particular localities, 
 of the civil functions of the government, that the 
 martial powers of the same may be efficiently exer 
 cised, for the security and welfare of the nation." 3 
 
 , p. 366. 2 Paschal, p 264. a Tiffany, p. 259. 
 
Amend. 7. THE JUDICIARY-TRIALS. 219 
 
 Amendment 7. /n suits at common law, where the 
 value in controversy shall exceed twenty dollars, the right 
 of trial by jury shall be preserved ; and no fact tried by 
 a jury shall be otherwise re-examined in any Court of 
 the United States, than according to the rules of the com 
 mon law. 
 
 The phrase " common law " is used in contradistinc 
 tion from equity, admiralty, and maritime jurisprud 
 ence. It is the common law of England, the lex non 
 scripta, the immemorial customs of the country. Arti 
 cle III., Section 2, Clause 2, gives to the Supreme 
 Court appellate jurisdiction both as to law and fact. 
 "The real object of that provision was to retain the 
 power of reviewing the fact as well as the law, in 
 cases of equity, and admiralty, and maritime jurispru 
 dence." But as it was thought by some to authorize 
 the Supreme Court to review the decision of a jury 
 in mere matters of fact, and thus reduce to a form 
 the right of trial by jury in civil cases, this Amend 
 ment was proposed to remove the misapprehension. 
 The rules of common law recognized but two modes 
 of re-examining facts tried by jury; first, the grant 
 ing a new trial by the Court before which the is 
 sue was tried; and, second, by a writ of error. A 
 writ of error removes nothing for re-examination but 
 the law. An appeal would remove the cause entirely, 
 subjecting the fact as well as the law to a review and 
 a retrial. But an appeal is a process of civil law 
 origin and not of common law. 
 
 Sec. 3, Clause 1. Treason against the United States 
 shall consist only in levying war against them, or in ad 
 hering 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. 
 
220 THE CONSTITUTION. S. III. 1. 
 
 Treason is the highest crime known to society, be 
 cause it tends to the destruction of the government 
 itself. A traitor is always regarded as meriting the 
 severest punishment that society can inflict. As treason 
 is a breach of allegiance, it can be committed by one 
 only against the government to which he owes alle 
 giance. Most governments have made the word treason 
 include many offenses which were not strictly treason 
 able, and thus often persons have been put to death for 
 crimes for which some milder punishment would have 
 been sufficient. As the word implies a breach of faith, 
 it was petit treason for a wife to kill her husband, or 
 for a servant to kill his master. The act was more than 
 murder ; it was a kind of treason. For a subject to at 
 tempt to take the life of the king or queen, or to levy 
 war against the king, or to adhere to his enemies, was 
 higJi treason. 
 
 When a tyrannical king was on the throne, his judges 
 would often declare offenses to be treason which the 
 people never suspected to be treasonable. This was 
 called constructive treason. To prevent this, a statute 
 Was enacted in England in the time of Edward III., 
 which denned the term. This statute comprehended 
 the various kinds of treason under seven heads. The 
 third of these was, levying war against the king in his 
 realms; and the fourth wa, adhering to the king s 
 enemies in his realm, and giving them aid and comfort 
 in his realm or elsewhere. 
 
 Our Constitution takes a part of this statute of Edward 
 III. for its definition of treason. It is made to consist 
 only in levying war against the nation, or in adhering to 
 its enemies, giving them aid and comfort. The purpose 
 was to make the meaning as definite as possible, that all 
 opportunity for constructive treason might be removed. 
 Mr. Madison thought the definition was too restricted, 
 and that more latitude ought to be left to the discretion 
 of Congress. But the Convention preferred to place the 
 
3. TIT. 1. THE JUDICIARY TREASON. 221 
 
 definition in the Constitution itself, and not to leave it 
 to the judgment of Congress. 
 
 It has been decided by the Court that there must be 
 an actual levying of war; that a conspiracy to subvert 
 the government by force is not treason. But after war 
 has been commenced, men may give aid and comfort to 
 the enemy, although they may not actually bear arms. 
 The language of the Court is: If war be actually levied, 
 that is, if a body of men be actually assembled for the 
 purpose of effecting by force a treasonable purpose, all 
 those who perform any part, however minute, or how^ 
 ever remote from the scene of action, and who are 
 actually leagued in the general conspiracy, are to be 
 considered traitors. l 
 
 While the Constitution thus makes the offense of 
 treason to embrace the giving aid and comfort to the 
 enemies of the country, opinions may differ in regard 
 to what constitutes " aid and comfort." During the late 
 civil war, two steamers belonging to a steamship com 
 pany had been seized for the rebel service. Subse 
 quently, payment was offered for them to the agent of 
 the company, when he was informed by the government 
 that acceptance of payment from the rebels would be 
 treated as an act of treason against the United States. 
 Said Mr. Seward, Secretary of State: "It is treason for 
 any person to give aid and comfort to public enemies. 
 To sell vessels to them which it is their purpose to use 
 as ships of war, is to give them aid and comfort. To 
 receive money from them in payment for vessels which 
 they have seized for those purposes, would be to attempt 
 to convert the unlawful seizure into a sale, and would 
 subject the party so offending to the pains and penalties 
 of treason, and the government would not hesitate to 
 bring the offender to punishment." 2 
 
 In times of rebellion, or civil war, all persons should 
 
 parte Bollman, 4 Cranch, 126. 2 Tiffany, p. 283. 
 
222 THE CONSTITUTION. 3. III. 2. 
 
 exercise great caution in regard to their conduct and 
 language, lest they subject themselves to the charge of 
 giving aid and comfort to the enemies of their country. 
 Actions and words, which, in other circumstances, 
 would pass unnoticed, may be productive of great mis 
 chief when the life of the nation is endangered. All 
 good citizens will, therefore, at such times, studiously 
 refrain from whatever might bear an unfavorable con 
 struction. 
 
 Conviction of treason requires the testimony of two 
 witnesses to the same overt act of treason, or a confes 
 sion in open Court. A private confession passes for 
 nothing. 
 
 Aaron Burr, who had been Vice-President of the United 
 States, was tried for treason in 1807, and acquitted. 
 
 Clause 2. Tlie 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. 
 
 Had this clause been omitted from the Constitution, 
 Congress would still have had the power to declare what 
 punishment should be inflicted on a traitor. It was 
 inserted, doubtless, to prevent the barbarities usually 
 connected with the punishment of treason, and to limit 
 the effects of attainder. According to the English theory 
 the judgment itself pronounced upon one who had been 
 convicted of treason involved certain consequences in the 
 mode of his execution, as well as in regard to his estate. 
 The offender was put to death in a cruel manner. His 
 bowels were to be taken out while he was yet alive, and 
 burned in his presence. His head was cut off, and his 
 body divided into quarters. 
 
 The judgment also involved attainder, which worked 
 corruption of blood, or forfeiture. There was no judg 
 ment of attainder, but the attainder followed the judg 
 ment, as a matter of course. And this attainder in- 
 
3. III. 2. THE JUDICIARY TREASON. 223 
 
 eluded corruption of blood, or forfeiture, as a natural 
 consequence. All his property, of every description, 
 was forfeited. And not only so, his children could not 
 inherit through him from his ancestors. All inheritable 
 qualities were destroyed by corruption of blood. In a 
 country where real estate was entailed, the children 
 were thus made to suffer for the offense of the parent. 
 If the property of the traitor himself were confiscated 
 to the government, there would be no hardship to the 
 children; for the heirs have no right to the estate while 
 the ancestor lives. But if the blood is corrupted so as 
 to cut off the connection between his children and his 
 ancestors, and prevent any inheritance descending to 
 the former from the latter after his death, the children 
 would suffer. 
 
 Our Constitution mitigates the severity of this pun 
 ishment. It provides that the offender himself shall 
 bear all the punishment. There shall be no corruption 
 of blood except during the life of the party attainted. 
 As Mr. Madison says, "The Convention have restrained 
 Congress from extending the consequences of guilt be 
 yond the person of its author." l If there should be any 
 attainder in the punishment of treason, it must not be 
 allowed to work corruption of blood after the death of 
 the traitor. The corruption of blood must then cease, 
 and there can be no new forfeiture. It does not mean, 
 as some have supposed, that if the property of the 
 traitor has been confiscated, it must be restored to his 
 heirs at his death. This would involve the absurdity 
 of forbidding the taking away, except for the short 
 period between sentence and execution, the property 
 of one who had been guilty of the highest offense 
 known to society, while minor offenses are often pun 
 ished with heavy fines. 
 
 The attainder spoken of in this clause must be that 
 
 Federalist, No. 43. 
 
224 THE CONSTITUTION. 3. III. 2. 
 
 connected with the judgment pronounced by a Court, 
 and not a legislative attainder. For we have already 
 seen that Congress is forbidden, as also the States, from 
 passing any bill of attainder. Congress might provide 
 for a judicial attainder in the case of treason, but the 
 effects of this attainder must be limited to the life of 
 the offender. 
 
 By act of April, 1790, Congress provided that treason 
 should be punished with death by hanging. In 1862 
 (July 17th), an act of Congress declared that the traitor 
 should suffer death, and his slaves should be made free; 
 or, at the discretion of the Court, he should be impris 
 oned for not less than five years, and fined not less than 
 ten thousand dollars, and all his slaves be made free; the 
 fine to be levied on any of his property, real or personal, 
 excluding slaves. This act was accompanied by a joint 
 resolution, providing that no punishment under the act 
 should be so construed as to work a forfeiture of real 
 estate of the offender beyond his natural life. This 
 resolution was passed because the President regarded 
 the clause of the Constitution now under consideration 
 as forbidding the forfeiture of real property except 
 during the life of the offender. 
 
 The act of 1790, referred to above, provides for pun 
 ishing a variety of offenses besides treason. Some of 
 these were to be punished with death, but most of 
 them with fine and imprisonment; the fines ranging 
 from one hundred to five thousand dollars. Section 24 
 of the act provides that " no conviction or judgment 
 for any of the offenses aforesaid shall work corruption 
 of blood or any forfeiture of estate." The language is, 
 that no conviction or judgment shall work any forfeiture 
 of estate. To interpret it as the President in 1862 in 
 terpreted the clause of the Constitution relating to the 
 punishment of treason, would be to make it contradict 
 the other sections of the same act, which prescribe 
 punishments by fines, i. e., by the forfeiture of estate. 
 
4. I. THE JUDICIARY FORFEITURE. 225 
 
 The meaning is obviously this : The offenses mentioned 
 are to be punished, some with death, some with fines 
 and imprisonment; but no conviction or judgment, as 
 such, or by its own force, is to work corruption of blood, 
 or any forfeiture. The offender must give up so much 
 of his estate as is needed to pay the fine imposed; but, 
 that being done, there is to be no loss of additional 
 property, in the way of forfeiture, as a consequence of 
 conviction or judgment. Had Congress made the pun 
 ishment of treason to be death and the absolute for 
 feiture of all the estate of the traitor, they would not 
 have gone beyond the authority conferred on them by 
 the Constitution. They preferred not to go to the limit 
 assigned them. They enacted that attainder of treason 
 should not work any corruption of blood or forfeiture. 
 But at the same time they made an absolute confis 
 cation of property for offenses much less heinous than 
 treason. 1 
 
 As treason is a crime against sovereignty, a violation 
 of one s allegiance, there can be no treason against a 
 particular State. 2 If a State, by its Courts, punishes 
 treason, it must be not as treason against itself, but as 
 treason against the Union; and in this view the pro 
 priety of that State legislation which affixes to it par 
 ticular penalties is doubtful. 3 
 
 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. 
 
 1 For views similar to those here advocated, see Story, Duer, 
 Farrar, Tiffany, Mansfield, and others. For the opposite view, see 
 Yeaman, appendix. 
 
 2 Elliot s Debates, V, 449. 3 Jameson, p. 56. 
 
226 THE CONSTITUTION. 4. II. 1. 
 
 "Full faith and credit" means that credit which the 
 State itself gives to the acts, etc., when proven. 
 
 " The public acts " are the legislative acts, the enacted 
 laws of a State. 
 
 " Records " are the registration of deeds, of wills, legis 
 lative journals, etc. 
 
 " Judicial proceedings " are the proceedings, judg 
 ments, orders, etc., of courts. 
 
 Whenever the laws and acts of one nation come into 
 examination in any forensic controversy in another 
 nation, they must be proved like other facts. The 
 Constitution provides that this shall not be necessary 
 as between the different States of the Union ; that the 
 judgments, etc., of one State need not be re-examined 
 in another. But the manner in which the acts and 
 judgments shall be authenticated, and what their effect 
 shall be, is to be left for Congress to declare. 
 
 In 1790, Congress enacted that the acts of the legis 
 lature of a State shall be authenticated by its seal. 
 And that the records of a Court should be proved by 
 the attestation of the clerk and the seal of the Court 
 annexed (if there be one), with the certificate of the 
 judge. It was provided, also, that the records thus 
 authenticated should have such faith and credit in 
 the Courts of other States as they have in the Courts 
 of the State from which they are taken. 
 
 Sec. 2, Clause 1. The citizens of each State shall be 
 entitled to all privileges and immunities of citizens in the 
 several States. 
 
 Though the word citizen is repeatedly used in the 
 Constitution, it is nowhere denned in the original in 
 strument. But the Fourteenth Amendment says, "All 
 persons born or naturalized in the United States, and 
 subject to the jurisdiction thereof, are citizens of the 
 United States, and of the State wherein they reside." 
 Prior to the abolition of slavery, only free inhabitants 
 
4. II. 1. PRIVILEGES OF CITIZENS. 227 
 
 born in the United States, or naturalized under the 
 laws of Congress, would have been considered citizens. 
 Every citizen of the United States is a citizen of the 
 State where he resides, and every citizen of a State is 
 a citizen of the United States. One may be a citizen 
 of the United States and not a citizen of any particu 
 lar State, because his residence may be, not in a State, 
 but in a Territory, or in the District of Columbia. But 
 whenever he becomes a resident of a State he becomes 
 a citizen of it also. 
 
 This clause of the Constitution provides that a citi 
 zen of one State on removing to another shall enjoy all 
 the rights and privileges of the citizens of that State. 
 But he can not claim any which were peculiar to the 
 State he has left. He can not carry the local laws of 
 one State with him when he removes to another. 
 
 This clause also provides that the person and prop 
 erty of a citizen of one State shall be secure in every 
 other State. No other part of the Constitution has 
 been so frequently or flagrantly violated as this. In 
 deed, until 1866, no law had been enacted by Congress 
 for carrying its provisions into effect. Early in that 
 year a bill was passed, entitled " An Act to protect all 
 persons in the United States in their civil rights, and 
 furnish the means of their vindication." It was vetoed 
 by President Johnson, but receiving the requisite two- 
 thirds vote of each House became a law, April 6th, 
 1866. It is known as the Civil Rights Bill. It de 
 clares, that all persons born in the United States, 
 and not subject to any foreign po\ver, excluding In 
 dians not taxed, are citizens of the United States; and 
 all such citizens, of every race and color, without regard 
 to any previous condition of slavery or involuntary 
 servitude, shall have the same right, in every State or 
 Territory in the United States, to make and enforce 
 contracts, to sue, be parties, and give evidence ; to in 
 herit, purchase, lease, sell, hold, and convey real and 
 
228 THE CONSTITUTION. 4. II. 1. 
 
 personal property ; and to full and equal benefit of all 
 laws and proceedings for the security of person and 
 property. 
 
 This act of Congress is, obviously enough, in conflict 
 with the language of Judge Taney in the Dred Scott 
 case, that "a free negro of the African race whose an 
 cestors were brought to this country and sold as 
 slaves, is not a citizen in the meaning of the Constitu 
 tion." But, as has been already stated, it has been 
 maintained by other members of the Supreme Court 
 that this point was not before the Court; and therefore 
 the language above quoted is not to be regarded as the 
 decision of that body. 
 
 The study of our governmental history shows that the 
 emancipation of a slave was exactly equivalent to the 
 naturalization of an alien or foreigner. As naturaliza 
 tion removed the disqualification of the alien, emanci 
 pation removed that of the slave. This was the de 
 cision of the Supreme Court of North Carolina, in 1836, 
 as delivered by Judge Gaston, and it was re-affirmed by 
 the same Court in 1848. 
 
 That the language of Judge Taney in the same trial, 
 to the effect that "free negroes were not regarded in 
 any State as citizens at the time of the Declaration of 
 Independence, and the formation of the Constitution," 
 is not in accordance with the teachings of history, two 
 facts will suffice to show. At the time of the ratifica 
 tion of the Articles of Confederation, all free, native- 
 born inhabitants of the States of New Hampshire, Mas 
 sachusetts, New York, New Jersey, and North Carolina, 
 though descended from African slaves, were not only 
 citizens of those States, but such of them as had the 
 other necessary qualifications, possessed the franchise 
 of electors on equal terms with other citizens. 1 The 
 other fact is this. On the twenty-fifth of June, 1778, 
 
 1 Judge Curtis, in Scott vs. Sandford. 
 
4. II. 2. WHO ARE CITIZENS. 229 
 
 when the Articles of Confederation were under discus 
 sion in Congress, a motion was made that the word 
 "white" should be inserted between the words "free" 
 and "inhabitants" in the fourth article. Two States 
 voted for the amendment, eight voted against it, and 
 the vote of one State was divided. 1 This fourth article 
 corresponds to the clause of the Constitution which we 
 are now considering, It reads : " The free inhabitants 
 of each of these States, paupers, vagabonds, and fugi 
 tives from justice excepted, shall be entitled to all 
 privileges and immunities of free citizens in the sev 
 eral States." 
 
 The first section of the Fourteenth Amendment to the 
 Constitution which was proposed by Congress, June 
 16th, I860, and having been ratified by three-fourths of 
 the States, was declared to be a part of the Constitution, 
 July 28th, 1868, is as follows : All persons born or nat 
 uralized in the United States, and subject to the juris 
 diction thereof, are citizens of the United States and of 
 the State wherein they reside. No State shall make or 
 enforce any law which shall abridge the privileges or 
 immunities of citizens of the United States; nor shall 
 any State deprive any person of life, liberty, or prop 
 erty, without due process of law, nor deny to any per 
 son within its jurisdiction the equal protection of the 
 law. 
 
 Clause 2. A person charged in any State with trea 
 son, 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 de 
 livered up, to be removed to the State having jurisdiction 
 of the crime. 
 
 A State has no authority beyond its own limits. I/ 
 a criminal should escape from one State to another, th 
 
 1 Jour. Cont. Cong., IV, 272. 
 
230 THE CONSTITUTION. 4. II. 2. 
 
 former could not arrest him because lie is beyond her 
 boundaries, and the latter could not punish him for 
 offenses committed beyond her jurisdiction. It was 
 necessary that a power whose authority extended over 
 the whole country should make provision for the ar 
 rest and punishment of fugitives from justice. 
 
 Before any law had been enacted by Congress to carry 
 into effect this clause of the Constitution, the Governor 
 of Pennsylvania made a requisition upon the Governor 
 of Virginia to deliver up an escaping criminal. The 
 requisition was refused by the latter on the ground that 
 the clause gave him no authority to deliver up the fu 
 gitive. The case was referred by the Governor of Penn 
 sylvania to the President, and by him laid before Con 
 gress. In consequence, the act of 1793 was enacted. 
 This act provides that the demand be made on the 
 executive authority of the State to which the fugitive 
 has fled. Accompanying the demand should be a copy 
 of the indictment found, or an affidavit made before a 
 magistrate, and certified as authentic by the Governor 
 making the demand. The arrest is then made by the 
 order of the Governor of the State to which the crim 
 inal has fled, and the fugitive is delivered to the agent 
 of the former. All the expenses must be paid b} T the 
 State from which the escape was made. The act ap 
 plies to the Territories as well as to the States. 
 
 A fugitive from justice may be arrested and detained 
 prior to the demand by the Governor. The executive 
 upon whom the demand is made can not go behind the 
 demand and accompanying charge of the Governor de 
 manding, to determine whether, by the laws of his own 
 State, the offense charged is a crime. 
 
 The giving up by one nation of a fugitive from justice 
 escaping from another nation, is called extradition. No 
 nation can demand of another the surrender of a crim 
 inal except in consequence of express treaty stipula 
 tions. 
 
4. II. 3. FUGITIVES FROM SERVICE. 231 
 
 Clause 3. No person held to service or labor in one 
 State, under the laws thereof, escaping into another, shall, 
 in consequence of any laiv or regulation therein, be dis 
 charged from such service or labor, but shall be delivered 
 up on claim of the party to whom such service or labor 
 may be due. 
 
 The act of February 12th, 1793, was passed to carry 
 into effect this clause as well as the preceding one. A 
 "person held to service or labor" might be a slave or 
 an apprentice. This clause, and that part of the act of 
 Congress relating to fugitives from labor, had special 
 reference to slaves, though the word slave does not occur 
 in the Constitution. The law of 1793 was amended in 
 1850, and made still more objectionable to the friends 
 of freedom. The commissioners, before whom alleged 
 fugitives were to be taken, might order any citizens tc 
 assist in returning fugitive slaves; and any person 
 hindering such return could be fined one thousand dol 
 lars and imprisoned six months, and might forfeit, in 
 addition, one thousand dollars to the owner for each fugi 
 tive so lost. The commissioner was to have a fee of five 
 dollars if the fugitive was not returned to the claimant, 
 and ten dollars if he was returned. The harsh features 
 of this law of 1850, with the repeal of the Missouri 
 Compromise, and the Dred Scott decision, had much to 
 do in directing public attention to the evils of slavery, 
 and in preparing the people to put down the rebellion 
 of 1861. 
 
 The law of 1850, and those sections of the law of 1793, 
 which related to fugitive slaves, were repealed June 
 20th, 1864. On the "first of February, 1865, Congress 
 proposed an Amendment to the Constitution, abolishing 
 slavery throughout the United States. On the eight 
 eenth of December, of the same year, this was declared 
 to have been ratified by the legislatures of three-fourths 
 of the States. It is the Thirteenth Amendment. Thus 
 
232 THE CONSTITUTION. 4. III. 
 
 was the question of slavery at last settled a question 
 which has caused more disturbance in our government 
 than all other questions combined. 
 
 Sec. 3, Clause 1. New States may be admitted by the 
 Congress into this Union; but no new State shall be formed 
 or erected within the jurisdiction of any other State ; nor 
 any State be formed by the junction of two or more States, 
 or parts of States, without the consent of the legislatures 
 of the States concerned as well as of the Congress. 
 
 Clause 2. 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. nofhhig in this Constitution shall be so construed as to 
 prejudice any claims of the United States, or of any par 
 ticular State. 
 
 The Articles of Confederation made no general pro 
 vision for the admission of new States. Canada might 
 come into the Union on acceding to the Articles of 
 Confederation and joining in the measures of the United 
 States; but no other colony could bo admitted unless by 
 the agreement of nine States. Vermont made applica 
 tion for admission in 1781 ; but the application was not 
 granted, as Congress was unwilling to offend the States 
 of New York and New Hampshire, both of which claimed 
 it as within their jurisdiction, and opposed its admis 
 sion into the Union. 1 
 
 From the adoption of the Constitution to the present 
 time twenty-five new States have been admitted: the 
 first, Vermont, in 1791; the last, Colorado, in 1876. 
 No State has been formed by the junction of two or 
 more States, or parts .of States, while four have been 
 created within the jurisdiction of other States: Ver 
 mont from New York (claimed also by New Hampshire), 
 
 1 Pitkin s Hist., II, p. 314. 
 
4. III. NEW STATES AND TERRITORIES. 233 
 
 Kentucky from Virginia, Maine from Massachusetts, and 
 West Virginia from Virginia. 
 
 The language of the Constitution is, new States may 
 be admitted into the Union. It is not imperative upon 
 Congress to admit them. Nor can Congress compel the 
 people of a Territory to become a State. For obvious 
 reasons, however, this has been regarded as desirable, 
 and as such has been eagerly sought by the Territories. 
 
 After the Colonies threw off the yoke of Great Britain, 
 the unsettled territory within the limits of the United 
 States became a subject of grave concern. Some of the 
 States claimed that those lands were within their char 
 tered limits, and that to them belonged both soil and 
 jurisdiction. Others insisted that, as the war had been 
 carried on under a common government, and for the 
 common interest, this territory should be considered as 
 the common property of the nation. 
 
 On the sixth of September, 1780, Congress pressed 
 upon the States having claims to the Western country, 
 a surrender of a portion of their territorial claims, as 
 they could not be preserved entire without endangering 
 the stability of the general Confederacy. A month later 
 (October 10th) Congress resolved, that the unappro 
 priated lands that may be ceded or relinquished to the 
 United States by any particular State, pursuant to the 
 recommendation of Congress of September 6th, should 
 be disposed of for the common benefit of the United 
 States, and be settled and formed into distinct repub 
 lican States. 
 
 In accordance with this recommendation cessions were 
 made by different States, as follows : New York, March 
 1st, 1781 ; Virginia, March 1st, 1784 ; Massachusetts, 
 April 19th, 1785: Connecticut, September 14th, 1786; 
 South Carolina, August 8th, 1787. These were made 
 before the formation of the Constitution. North Caro 
 lina and Georgia had not relinquished their claims 
 when that instrument was adopted, but they did so 
 C. G. 20. 
 
234 THE CONSTITUTION. 4. III. 
 
 afterward: North Carolina, February 25th, 1790, and 
 Georgia, April 24th, 1802. The language of Clause 2, 
 that the claims of any particular State should not be 
 prejudiced, had reference to the claims of the last two 
 States named above. 
 
 The Constitution confers on Congress full power to 
 make laws respecting the territory belonging to the 
 nation and not yet formed into States. Without a 
 specific grant to that effect in the Constitution, Congress 
 would doubtless have had this power. The first law, 
 indeed, organizing a Territory, was enacted before the 
 Constitution was adopted the Ordinance for the Govern 
 ment of the Territory of the United States North-west 
 of the River Ohio, July 13th, 1787. 
 
 The framers of the Constitution introduced these two 
 clauses of Section 3, into the Constitution, that the 
 resolution of Congress, of the tenth of October, 1780, 
 might be carried into effect; and they had primary 
 reference to the territory then claimed by different 
 States. But the language is broad enough to cover 
 whatever territory the Unitsd States might subse 
 quently acquire. The Constitution nowhere in express 
 terms authorizes the general government to enlarge the 
 national domain by purchase, by conquest, by annexa 
 tion, or in any other mode ; but this is one of the powers 
 incident to national sovereignty, and as such it has been 
 repeatedly exercised by the United States. Louisiana 
 was purchased under the administration of Mr. Jeffer 
 son ; Florida, under that of Mr. Monroe ; Texas was 
 annexed under the presidency of Mr. Tyler; and the 
 territory which was obtained from Mexico was con 
 quered under Mr. Polk. All these gentlemen were 
 strenuous advocates in theory of the doctrine that our 
 general government is one of limited and enumerated 
 powers. 
 
 There is no doubt that the United States, like other 
 nations, can acquire territory and govern it. Though 
 
4. III. NEW STATES AND TERRITORIES. 235 
 
 the Articles of Confederation said nothing about the 
 government of territory, Congress exercised this power, 
 as we have seen, and passed the celebrated ordinance of 
 1787, while the Convention that framed the Constitution 
 was in session. After the Constitution was adopted 
 Congress did not deem it necessary to re-enact that 
 ordinance, but merely adapted it to the new Constitu 
 tion, by providing that the territorial officers who, be 
 fore, were appointed by Congress, should now be ap 
 pointed by the President and Senate, and should report 
 to the President instead of to Congress. This act, which 
 was passed August 7th, 1789, shows that the members 
 of that first Congress under the Constitution regarded 
 the ordinance as still binding. 
 
 This ordinance, for the government of the North-west 
 Territory, was for a long period the model after which 
 other Territories were organized. If the territory was 
 at the South, that clause of the ordinance which pro 
 hibited slavery was excepted; if the territory was at 
 the North, the government was to be in all respects 
 similar to that provided by the ordinance of 1787. 
 
 Including the act of August 7th, 1789, eight separate 
 acts were passed, extending over a period of over sixty 
 years, each one prohibiting slavery in the Territory 
 organized. The power of the general government to 
 make all needful rules and regulations for the govern 
 ment of the Territories was not called in question till 
 the winter of 1856-7, on the trial of the Dred Scott 
 case. In giving the decision of the Court in that case, 
 Judge Taney said, among other things which were not 
 before the Court, that Congress had no power to pro 
 hibit slavery in a Territory of the United States. 
 Even if that question had been before the Court, be 
 ing a political question and not a judicial one, it was 
 one over which that department of the government 
 had no control. 
 
 In the same opinion the Court held that " the pro- 
 
236 THE CONSTITUTION. 4. III. 
 
 priety of admitting a new State into the Union is com 
 mitted to tho sound discretion of Congress, and that 
 the power to acquire territory must rest upon the same 
 discretion." The power to govern a Territory was not 
 inferred, however, from the clause of the Constitution 
 now under consideration, but was regarded as the in 
 evitable consequence of the right to acquire territory, 
 which last right, as there is no allusion to it in the 
 Constitution, must be a right of general sovereignty. 
 Mr. Douglas held that the power of Congress to govern 
 the Territories was to be found in the clause authoriz 
 ing the admission of new States; if States may be 
 admitted into the Union, Territories may be governed 
 so as to fit them to become States. 1 It is admitted, 
 then, by all that Congress has the exclusive right to 
 govern the Territories; though the advocates of slavery 
 would make that right, as they would all rights, sub 
 ordinate to that institution. Since, however, slavery 
 itself has been abolished by the Thirteenth Amendment, 
 this only limitation is removed. 2 
 
 As soon as new territory is acquired by the United 
 States, the right of sovereignty vests in the nation. 
 The authority of the nation over such territory is ab 
 solute, except as modified by the treaty with the nation 
 from which it was obtained. The people of the Terri 
 tory have no governmental power except as granted 
 by Congress. Whenever Congress sees fit, it may or 
 ganize a territorial government. Such a government 
 
 1 Report on Kansas. 
 
 2 The Constitution of the Confederate States provided for the 
 acquisition of new territory, and its government by Congress. But 
 slavery was recognized and protected, and the inhabitants of other 
 States and Territories might take their slaves into every Territory. 
 That Constitution provided that other States might be admitted 
 into the Confederacy by a vote of two-thirds of the whole House 
 of Representatives, and two-thirds of the Senate the Senate voting 
 by States. (Macpherson s History of the Rebellion, 1860-65, p. 99.) 
 
4. III. NEW STATES AND TERRITORIES. 237 
 
 usually consists of a legislature chosen by the people, 
 a Governor appointed by the President and Senate, and 
 Judges appointed in the same manner. But the ter 
 ritorial authority, whether legislative, executive, or 
 judicial, derives its sanction from the sovereignty of 
 the nation. 
 
 According to our governmental system, the people of 
 a Territory, while they have civil rights and are en 
 titled to protection, have no power to govern the Ter 
 ritory, that is, to govern themselves, save as it is given 
 them by the general government; and they can not 
 in any way participate in the general authority of the 
 nation. But whenever a Territory is admitted into the 
 Union by Congress, it becomes a State; and as such its 
 people are authorized under the Constitution to man 
 age their local affairs, and to participate in the ad 
 ministration of the nation. When a citizen of a State 
 goes to reside in a Territory, he leaves behind him his 
 political privileges, though not his civil rights. He has 
 no longer any voice in the election of President, or of a 
 member of Congress. He can not take part in elect 
 ing a Governor of the Territory. 
 
 A Territory is a part of the domain of the United 
 States; it is a part of the United States considered as 
 the name of the country, but it is not in the Union, in 
 the sense in which a State is. Nor can it come into 
 the Union except as it is admitted by Congress. It 
 may frame a State constitution, which its people may 
 ratify; but that does not constitute it a State. The 
 consent of Congress is indispensable to enable it to 
 become an integral part of the Union. But when 
 admitted, and thus constituted a State, it becomes a 
 political corporation for local purposes, and a part of 
 the great political organization whose sway extends 
 over the whole domain. All our political privileges 
 are thus dependent upon our being a part of the peo 
 ple of a State. 
 
238 THE CONSTITUTION. 4. III. 
 
 As a Territory is not compelled to become a State, 
 so a State is not compelled to remain a State. If a 
 State, as a political organization, refuses to consider 
 itself any longer a member of the great national body, 
 and by deliberate act withdraws from the Union, what 
 then? The soil is still a part of the domain of the 
 United States, and the people who dwell upon it are 
 still subject to the nation. They have simply given 
 up their privilege of managing their own local af Fairs, 
 and all right to participate in the government of the 
 nation. They have no more political authority than 
 the people of a Territory before its admission into 
 the Union, and they can have none till Congress con 
 fers it upon them. 
 
 There is no such political entity known to our governmental 
 system as a State out of the Union. The moment the with 
 drawal takes place, the existence of the State as such 
 ceases. It is no longer a State. If its people can main 
 tain their independence by the sword, they may frame 
 a government and call it what they please. But whether 
 successful or unsuccessful, it is no longer one of the 
 United States of America. It is no longer a State in 
 the American Union. If it fails to gain its independ 
 ence, it is not in the Union but under it. 1 
 
 There has not been entire uniformity in the mode 
 of admitting new States, but the following is the most 
 usual, and may be considered the regular, mode. When 
 a Territory has a sufficient population, a petition is sent 
 to Congress, asking for leave to form a State constitu 
 tion, and to be admitted into the Union. Congress then 
 passes an act, called "an enabling act," authorizing the 
 inhabitants to form a constitution. A Convention 
 is held for this purpose, and the constitution thus 
 formed is presented to Congress for their approval. If 
 the proceedings have been regular, and the constitu- 
 
 1 Brownson, Chap. xii. 
 
4. IV. NEW STATES AND TERRITORIES. 239 
 
 tion is free from objection. Congress passes an act ad 
 mitting the new State into the Union "on an equal 
 footing with the original States, in all respects what 
 ever." The case of Louisiana may be taken as an 
 example. In March, 1804, the country purchased of 
 France, under the name of Louisiana, was erected by 
 Congress into two Territories the District of Louisi 
 ana, and the Territory of Orleans. In February, 1811, 
 an act was passed "to enable the people of the Terri 
 tory of Orleans to form a constitution and State gov 
 ernment, etc." April 8th, 1812, an act was passed, to 
 take effect April 30th, "for the admission of the State 
 of Louisiana into the Union, and to extend the laws 
 of the United States to the said State." 
 
 This power to admit new States into the Union, and 
 to make them equal participants with the older States 
 in the government is "one of the new principles intro 
 duced into our system, and is, perhaps, the most anoma 
 lous, and most influential upon its future destiny. All 
 the nations of antiquity held immense provinces, which 
 constituted a part of the State, for purposes of revenue 
 and armies, but were never admitted upon terms of 
 equality, and whose inhabitants were never citizens. The 
 idea of constituting a government, to be increased as to 
 the source of law by its own colonization, or by recruits 
 from abroad, is wholly new" l 
 
 Section 4. The United States shall guaranty to every 
 State in this Union a republican form of government, and 
 shaft protect each of them against invasion ; and, on ap 
 plication of the legislature, or of the Executive (when the 
 legislature can not be convened) against domestic violence. 
 
 This clause makes a republican government necessary 
 in every State. It could not be obligatory upon the 
 United States to guaranty it to the individual States, 
 
 1 Mansfield s Pol. Manual, p. 192. 
 
240 THE CONSTITUTION. 4. IV. 
 
 unless it was incumbent on them to have such a gov 
 ernment. It is equivalent to saying that " no other 
 shall be permitted to be established." 1 The clause pre 
 scribes a republican government for all the States, pro 
 tection against hostile invasion, and, on request, against 
 domestic violence. Every Gtate must have a repub 
 lican government, and if, at any time, a State is des 
 titute of one, the general government is bound to 
 provide it. 2 
 
 This is the only instance in the Constitution where 
 the government has a duty enjoined upon it, while the 
 particular department is not mentioned. Here the ob 
 ligation is from the United States to the States; but 
 whether to be exercised by the President or by Con 
 gress is one of the questions that has grown out of the 
 reconstruction measures. 3 In the case of Rhode Island, 
 the Supreme Court held that, "It rests with Congress 
 to decide what government is the established one in a 
 State. For, as the United States guaranty to each State 
 a republican government, Congress must necessarily de 
 cide what government is established before it can de 
 termine whether it is republican or not. And when 
 the Senators and Representatives of a State are admit 
 ted into the councils of the Union, the authority of the 
 government under which they are appointed, as well as 
 its republican character, is recognized by the proper 
 constitutional authority. And its decision is binding 
 on every other department of the government, and 
 could not be questioned in a judicial tribunal." 4 
 
 The Constitution does not define a republican govern 
 ment. The national government may be assumed to 
 be republican in form, and thus a model for the States. 
 Mr. Madison says: "We may define a republic to be a 
 government which derives all its powers directly or in- 
 
 1 Curtis, Hist, of the Const., II, p. 472. 2 Farrar, p. 221. 
 3 Paschal, p. 242. 4 7 Howard, 42. 
 
4. IV. THE STATES MUST BE REPUBLICAN. 241 
 
 directly from the great body of the people, and is ad 
 ministered by persons holding their offices during pleas 
 ure, for a limited period, or during good behavior." 1 
 " The principle of republicanism is the equal right of 
 the people, the citizens, all the members of the body 
 politic. In theory it is the government of public 
 opinion. * * The fundamental principles of right 
 and justice for the government, the representative 
 character of the governors, and their practical respon- 
 sibleness to the governed, are the essentials of republi 
 canism." 2 
 
 The Constitution indirectly requires various provis 
 ions in the State governments by enjoining duties. 
 The Senators of the United States are to be elected by 
 the State legislatures. Members of the House of Rep 
 resentatives are to be elected by the same electors as 
 vote for the members of the most numerous branch of 
 the State legislature. The Executive of the States are 
 often referred to. The Judges are to take an oath to 
 obey the Constitution of the United States. Thus, the 
 States must have the three great departments of gov 
 ernment the legislative, executive, and judicial. The 
 legislature must be in two branches, and the most nu 
 merous branch must be elected by the people. The 
 States are supposed to have written constitutions (Ar 
 ticle VI). 
 
 It would have been the duty of the United States to 
 protect each State against invasion and domestic vio 
 lence had not this special provision been inserted, for 
 one of the ends for which the Constitution was ordained 
 was to provide for the common defense. In the Con 
 vention that framed the Constitution, "Mr. Rutledge 
 thought it unnecessary to insert any guaranty. No 
 doubt could be entertained but that Congress had the 
 authority, if they had the means, to co-operate with 
 
 1 Federalist, No. 39. 2 Farrar, p. 223. 
 C. G. 21. 
 
242 THE CONSTITUTION. 4. I\>. 
 
 any State in subduing a rebellion. It was and would 
 be involved in the nature of the thing." 1 
 
 " It may well be doubted if any dereliction of duty 
 on the part of the officers of the State, whether legisla 
 tive or executive, could afford an adequate excuse for 
 the general government in suffering the regular admin 
 istration of the authorized republican government of a 
 State to be overthrown and destroyed, or otherwise sub 
 stantially interfered with by domestic violence, under 
 circumstances that obviously required their authorita 
 tive interposition for the preservation of the peace and 
 good order of the community." 2 
 
 The clause of the Constitution now under considera 
 tion has been brought prominently into notice in the 
 recent secession and subsequent reconstruction of eleven 
 States of the Union. In the six months commencing 
 with December, 1860, ordinances of secession, so called, 
 were passed by conventions in South Carolina, Missis 
 sippi, Florida, Alabama, Georgia, Louisiana, Texas, 
 Arkansas, Virginia, Tennessee, and North Carolina. 
 These conventions were entirely revolutionary and 
 depended for their justification upon success. But suc 
 cess was not theirs. Their armies were defeated, after 
 an immense expenditure of blood and treasure. The 
 doctrine of the right of secession, or, which is the 
 same thing, of absolute State sovereignty, which they 
 had determined to submit to the arbitrament of the 
 sword, had been proved to be utterly untenable, and 
 their States had been placed in positions entirely ab 
 normal. 
 
 "Here, then, were brought again into relations of 
 practical subjection to the Union certain integral pop 
 ulations, which had once been Constitutional States, 
 but which, having, by truancy from Constitutional 
 courses, lost something necessary to that character, 
 
 Elliot s Debates, V, p. 333. 2 Farrar, p. 229. 
 
4. IV. RECONSTRUCTION OF STATES. 243 
 
 were such no longer were, indeed, little more than 
 geographical denominations; communities, which, al 
 though as much in the Union, territorial^, as ever, 
 were properly neither Constitutional States nor Con 
 stitutional Territories, but States which had, sua gponir, 
 for purposes of ambition, divested themselves of their 
 Constitutional apparel, and donned that of treason and 
 rebellion, and so had forfeited their prerogative as 
 States to participate in governing the Union, and been 
 relegated to a condition analogous to that of Territories 
 a condition in which they belonged to the Union, but 
 had rightfully no governing function whatever, local or 
 general." 1 
 
 The work of reconstruction had commenced in some 
 of the States before the close of the war. A large ma 
 jority of the legislature of Virginia adhered to the re 
 bellion, but Congress recognized as the lawful legisla 
 ture a minority who assembled at Wheeling. This 
 body sent Senators to Congress, and gave consent to the 
 formation of the new State of West Virginia. In Mis 
 souri the governor and the majority of the legislature 
 adhered to the rebellion, and passed an ordinance of 
 secession. The State was admitted as a member of the 
 u Confederate States," and continued to be represented 
 in the Confederate Congress till the overthrow of the 
 Confederacy. But a Convention, which had been called 
 by the legislature of Missouri in 1860, having refused 
 to pass an act of secession, was reconvened in July, 
 1861. This body took upon itself the government of the 
 State, and was recognized as the lawful authority by the 
 general government. 
 
 In December, 1863, President Lincoln issued a procla 
 mation to the effect, that when one-tenth of the quali 
 fied voters of a State, having taken the required oath, 
 should re-establish the State government, republican in 
 
 1 Jameson, p. 244. 
 
244 THE CONSTITUTION. 4. IV. 
 
 form and in conformity with the oath, it should ho 
 recognized as the true government of the State, and 
 should receive the -benefits of the Constitutional guar 
 anty embodied in this clause which we are now con 
 sidering. In pursuance of this proclamation, Louisiana 
 and Arkansas provided themselves with loyal State 
 governments. But these States having been recon 
 structed through the military power, the mode adopted 
 was not entirely satisfactory to Congress, and the States 
 were not allowed representation in that body. 
 
 The first State that was fully restored to her former 
 relations to the Union was Tennessee. On the 24th 
 of July, 1866, Congress passed a joint resolution, "That 
 the State of Tennessee is hereby restored to her former, 
 proper, practical relations to the Union, and is again en 
 titled to be represented by Senators and Representatives 
 in Congress." In the preamble to this resolution, it is 
 recited, that the inhabitants of the State, having been 
 by act of Congress declared to be in a state of insurrec 
 tion, the State government can be restored to its former 
 political relations in the Union only by the consent 
 of the law-making power; that the people by a large 
 vote, had adopted and ratified a constitution, abolish 
 ing slavery, and declaring void all ordinances and laws 
 of secession, and debts contracted under the same ; and 
 had organized a State government under the new consti 
 tution, which had ratified the Thirteenth and Fourteenth 
 Amendments to the Constitution of the United States. 
 
 In March, 1867, an " Act to provide for the more 
 efficient government of the rebel States " was passed, 
 and, later in the same month, a supplementary act 
 for the same purpose. This act divided these States 
 into five military districts, each to be under the com 
 mand of a military officer, who should be charged with 
 the duty of protecting the inhabitants in person and 
 property, of suppressing all disorder, and punishing 
 crime. Criminals might be tried by the local civil 
 
4. IV. THE RECONSTRUCTION OF STATES. 245 
 
 tribunals, or, at the discretion of the commanding 
 general, by military commissions. The inhabitants 
 were to be registered, and an election held for delegates 
 to a Convention in each State for the formation of a 
 constitution. When such constitution should be ap 
 proved by Congress, and the legislature elected under 
 its provisions had ratified the Fourteenth Amendment, 
 the State should become entitled to representation in 
 Congress. 
 
 Under this act Arkansas was admitted to representa 
 tion in Congress as one of the States of the Union, 
 June 22d, 1868, having framed and adopted a constitu 
 tion of State government, which Congress decided to be 
 republican, and her legislature having, ratified the Four 
 teenth Amendment. Three days later an act was 
 passed providing for the conditional admission to repre 
 sentation of North Carolina, South Carolina, Louisiana, 
 Georgia, Alabama, and Florida. These had framed and 
 adopted constitutions of republican government, and 
 were to be fully admitted as States of the Union when 
 they should have ratified the Fourteenth Amendment. 
 In all the above cases, including Arkansas, the admis 
 sion was upon one or more fundamental conditions 
 prescribed by Congress. All the six States made the 
 required ratification, and were admitted without further 
 legislation by Congress, except Georgia. Virginia was 
 restored by act of Congress of January 26th, 1870; Mis 
 sissippi by that of February 23d; Texas by that of 
 March 30th; and Georgia by that of July 15th, of the 
 same year. 
 
 The action of the general government has fully set 
 tled this, that if a State takes the attitude of hostility 
 to the nation, and refuses to acknowledge the supremacy 
 of the Constitution of the United States, it forfeits its 
 right to all participation in the government of the 
 Union, and can be restored to its former position only 
 by the distinct and formal action of the law-making 
 
246 THE CONSTITUTION. 4. IV. 
 
 power of the United States. The doctrine, that the 
 people of a State may take up arms against the nation, 
 putting forth their whole energies and using all their 
 resources to destroy the national life, and yet the mo 
 ment they are subdued, claim the right to send Sena 
 tors and Representatives to Congress, is, in the high 
 est degree, preposterous. Yet this doctrine was gravely 
 maintained in the Minority Report of the Joint Con 
 gressional Committee on Reconstruction, in June, 1866. 
 And many worthy people seemed to be involved in 
 inextricable confusion as to the relation of such States 
 to the Union. 
 
 The argument assumes this logical form : A State is 
 either in the Union or out of the Union. If in the 
 Union, her people owe allegiance on the one hand, and 
 are entitled to representation on the other. If out of the 
 Union, they do not owe allegiance, nor are they entitled 
 to representation. The inference drawn from this is, 
 that if the people of a State are not allowed representa 
 tion in Congress there rests upon them no obligation of 
 obedience ; and that whenever they acknowledge the ob 
 ligation of obedience, representation is theirs as a mat 
 ter of right. 
 
 The fallacy lies here. The terms in the Union and out 
 of the Union are not necessarily contradictory. A given 
 district of the United States may be in one sense in the 
 Union, and in another sense out of the Union at the 
 same time. That portion of our country called Ohio 
 was a part of the national domain in 1800, and all the 
 people living there were subject to the general govern 
 ment; in that sense the district and the people were in 
 the Union. But the people had no participation in the 
 general government, they had no Senators or Represent 
 atives in Congress, they cast no votes for President in 
 the election of that year: in this sense they were not in 
 the Union. Two or three years later Ohio was admitted 
 into the Union, and then she was in the Union in both 
 
Art. 5. AMENDMENTS. 247 
 
 the senses stated. During the rebellion South Carolina 
 was not in the Union as Ohio was ; she was not out of 
 the Union as Mexico was. She had forfeited her right 
 to a share in the government, but she was under the 
 authority of the United States. 
 
 Whatever forms of language may be used to describe 
 the attitude of portions of the country in a state of in 
 surrection, and their relation to the United States, we 
 may be sure that they will not be admitted to a repre 
 sentation in the councils of the nation till, in the judg 
 ment of Congress, such admission will not conflict with 
 the well-being of the country. No claim to be admitted, 
 based on the ground that a State once a State is always 
 a State, will have the slightest influence with those 
 who shall, for the time being, be entrusted with the 
 legislative power of the nation, no matter what may be 
 their theoretic opinions as to the rights of States. The 
 war was commenced in the interest of State sovereignty, 
 and the sword has settled the question. 1 Let us hope 
 that many years may elapse before the general govern 
 ment shall again be under the necessity of exercising 
 the power with which it is clothed by this Section of 
 the Constitution. 
 
 ARTICLE V. 
 AMENDMENTS. 
 
 The Congress, whenever two-thirds of both Houses shall 
 deem it necessary, shall propose Amendments to this Con 
 stitution, or, on the application of the legislatures of two- 
 thirds of the several States, shall call a convention for pro 
 posing Amendments, which, in either case, shall be valid to 
 all intents and purposes as part of this Constitution, when 
 
 1 "It can not be too often repeated that the war was not primarily 
 between freedom and slavery. It was the war of the nation and the 
 Confederacy." Mulford, p. 340. 
 
248 THE CONSTITUTION. Art. 5. 
 
 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 ichich 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. 
 
 Definite provision is here made for amending the 
 Constitution. The Articles of Confederation could not 
 be altered except with the assent of all the States. The 
 present Constitution, however, can be amended with 
 the assent of three-fourths. 
 
 There are two modes of proposing Amendments, and 
 two modes of ratifying them. Congress itself may 
 propose an Amendment whenever two-thirds of both 
 Houses deem it necessary; or, if two thirds of the State 
 legislatures request it, Congress must call a Convention 
 for proposing Amendments. Amendments thus pro 
 posed become valid when ratified by the legislatures 
 of three-fourths of the States, or by conventions in 
 three-fourths thereof. 
 
 Nineteen Amendments have been proposed since the 
 adoption of the Constitution; all of them by the first 
 mode. Two-thirds of the legislatures have never yet 
 applied to Congress to call a Convention for this pur 
 pose. Fifteen of the Amendments proposed have been 
 ratified; and these ratifications have all been by the 
 first mode by the legislatures of the States, and not 
 by conventions. The First Congress, which proposed 
 twelve Amendments, adopted this method of ratification, 
 and their example has been followed in every other case. 
 It is fortunate for the country that a Convention has 
 never been called for the purpose of proposing Amend 
 ments. The organic law of a people should be framed 
 
Art. 5. AMENDMENTS. 249 
 
 with great care and altered .with the utmost caution. A 
 body of men convened for the purpose of suggesting al 
 terations in the Constitution would be likely to mag 
 nify their office in proposing many Amendments. 
 
 There are three limitations to this power of amend 
 ing the Constitution: First, the clause could not be al 
 tered which prohibited Congress from passing, prior to 
 the year 1808, a law prohibiting the importation of 
 slaves. Second, the clause prescribing the mode of levy 
 ing a capitation or other direct tax, could not be altered 
 prior to the same year, 1808. Third, no State, without 
 its consent, could be deprived of its equal suffrage in 
 the Senate. 
 
 The first two limitations had reference to slaves, and 
 became inoperative in 1808. The third was for the pro 
 tection of the smaller States : to allow them the same 
 representation in the Senate as the larger States. This 
 provision was added at the very close of the Convention 
 that framed the Constitution. Mr. Sherman, of Con 
 necticut, moved that it be added to the article, but Mr. 
 Madison opposed it, and it was lost. Mr. Gouverneur 
 Morris, of Pennsylvania, subsequently renewed the mo 
 tion, and it was carried on Saturday, September 15th. 
 On Monday the Convention adjourned. 
 
 This is the only provision of the Constitution which 
 is virtually irrepealable. In 1861 an Amendment was 
 proposed by two-thirds of both Houses, as follows: "No 
 Amendment shall be made to the Constitution which 
 will authorize or give to Congress the power to abolish 
 or interfere within any State with the domestic institu 
 tions thereof, including that of persons held to labor or 
 service by the laws of said State." Had this Amend 
 ment been ratified, it would have been in terms an irre 
 pealable clause. Whether it would have been so in 
 fact it is not necessary now to inquire, as the ratifica 
 tion did not take place. 
 
 The British Constitution may be altered by Parlia- 
 
250 THE CONSTITUTION. Art. 5. 
 
 ment without any confirmation or ratification by the 
 people. Parliament is thus, says Mr. Fisher, a "Con- 
 yention to amend the Constitution, duly appointed, al 
 ways in existence, and always competent to entertain 
 proposals for needed alterations, with full authority to 
 decide them. * * * It is a remarkable fact that, in 
 conservative England, so steadfast in adhering to an 
 cient usage, the power to make changes is always ready 
 to act, without question or form or delay, and the or 
 ganic law is thus pliable and responsive to the wishes 
 of the people; whilst in democratic America, innovation 
 is guarded against with such jealous care that it is 
 doubtful whether the means provided by law for making 
 needed changes can ever be employed." 1 
 
 Events show that this language is too strong; for, 
 since it was written, in 1862, three Amendments have 
 been made to the Constitution. Still . it may admit 
 of question whether the . difficulties in the way of 
 amending our organic law are not too great for the best 
 good of the nation. These difficulties are forcibly pre 
 sented in the work just quoted from. 
 
 When an Amendment has been proposed by two- 
 thirds of both Houses of Congress, is the approval of 
 the President necessary? It is only an expression of 
 opinion by Congress that a certain Amendment is de 
 sirable, which Article Fifth contemplates, while the final 
 decision in regard to it is to be made by other bodies. 
 Then, again, a vote of" two-thirds is good against the 
 President s veto. We should infer, therefore, that the 
 approval of the President is not necessary. And the 
 practice has been, for the most part, not to submit the 
 resolutions to the President for approval. 
 
 The First Congress proposed twelve Amendments. 
 Nothing was said of the approval by the President. 2 
 
 1 Fisher s Trial of the Constitution, p. 30. 
 
 2 Annals of Congress I, p. 779. 
 
Art. 5. AMENDMENTS. 251 
 
 The Amendment of 1794 the Eleventh was called 
 in question because the President had not approved 
 it; but the Supreme Court decided that his approval 
 was not necessary. 1 When the Amendment of 1803 
 the Twelfth was before the Senate, they voted 
 twenty-three to seven that it be not submitted. That 
 proposed at the second session of the Eleventh Congress 
 was not sent to the President for his approval. The 
 first instance in which an Amendment proposed by 
 Congress was sent to the President for his approval, 
 was in March, 1861. The Amendment proposed as to 
 slavery in the United States was approved by Presi 
 dent Buchanan. The Amendment of 1865 the Thir 
 teenth having been sent to the President through 
 inadvertence, the Senate, without a division, decided 
 that it should not constitute a precedent, and the 
 Secretary of the Senate was instructed not to commu 
 nicate to the House of Representatives the notice of the 
 approval. 
 
 The Amendment of 1866 the Fourteenth was not 
 submitted to President Johnson for his approval, of 
 which he reminds Congress in a message and intimates 
 that he would have vetoed it had the opportunity been 
 offered. 2 The Fifteenth Amendment February 27th, 
 1869 was not sent to the President. With this uni 
 formity of action by Congress, and the decision of the 
 Supreme Court, we may say that the approval of the 
 President is not essential to""a resolution of Congress 
 proposing Amendments to the Constitution. 
 
 An Amendment becomes valid when ratified by the 
 legislatures of three-fourths of the States; that is, it 
 becomes a part of the Constitution when the ratifica 
 tion has been made by the last State necessary to 
 complete the constitutional number. Thus, the first 
 ten Amendments, proposed by the First Congress, Sep- 
 
 1 3 Dallas, 378. 2 Senate Jour., 39th Cong., 1st Sess., p. 563. 
 
252 THE CONSTITUTION. Art. 5. 
 
 tember 25th, 1789, were ratified by New Jersey Novem 
 ber 20th of that year, then by others, till December 15th, 
 1791, when the ratification of Virginia took place, mak 
 ing eleven States, the whole number being fourteen. De 
 cember 15th, 1791, is thus considered the date of these 
 Amendments. The Eleventh Amendment was declared, 
 in a message from the President to Congress, dated Jan 
 uary 8th, 1798, to have been adopted by the requisite 
 number of States, and the Amendment bears the date of 
 the President s message. Of the adoption of the Twelfth 
 Amendment public notice was given by the Secretary 
 of State, September 25th, 1804. In 1818, an act was 
 passed making it the duty of the Secretary of State, on 
 receiving official notice from the States of the adoption 
 of an Amendment by the requisite number, to cause the 
 Amendment to be published, with his certificate, that 
 it has been duly ratified. This act is still in force. 
 
 A question has arisen as to the power of a State to 
 withdraw her ratification of an Amendment to the Con 
 stitution. The legislature of New York ratified the 
 Fifteenth Amendment, and subsequently voted to with 
 draw the ratification. The same was true of New 
 Jersey and Ohio with regard to the Fourteenth Amend 
 ment. In the latter case the Secretary of State, after 
 reciting the facts of the ratification by various States, 
 including New Jersey and Ohio, and of the subsequent 
 rejection by these two, proceeds: "I do hereby certify 
 that if the resolutions "of the legislatures of Ohio and 
 New Jersey, ratifying the aforesaid Amendment, are to 
 be deemed as remaining of full force and effect, not 
 withstanding the subsequent resolutions of the legis 
 latures of those States, which purport to withdraw the 
 consent of said States from such ratification, then the 
 aforesaid Amendment has boen ratified, etc." 
 
 Congress was not satisfied with this conditional 
 notice of adoption, and the next clay adopted a con 
 current resolution, declaring th? Fourteenth Amend- 
 
Art. 5. AMENDMENTS RATIFICATION. 253 
 
 ment to be a part of the Constitution, and directing 
 the Secretary of State to promulgate it as such. Con 
 gress has thus given its decision that a State can not 
 withdraw its consent when once given to a Constitu 
 tional Amendment. 
 
 The correctness of this decision is beyond question. 
 The Constitution declares that an Amendment duly 
 proposed shall become valid when ratified by three- 
 fourths of the legislatures of the several States. When 
 a legislature has voted affirmatively on the question 
 of ratification, the work of the State is done so far as 
 regards that Amendment. That State is counted as in 
 favor of it. Had the vote been a negative one, the 
 State could not have been counted as in favor; neither 
 could it had there been no vote. A State may reject 
 an Amendment a hundred times, and then ratify it; 
 the ratification counts just as much as if it had been 
 made on the first vote. The Constitution knows noth 
 ing of any action of a State legislature touching a 
 proposed Amendment, except its ratification. When 
 ever that comes it is counted. It ma} 7 have been pre 
 ceded by any number of rejections, and be followed 
 by as many; it makes not the slightest difference. 
 "Nothing but ratification forecloses the right of action. 
 When ratified, all power is expended. Until ratified, 
 the right to ratify remains." 1 
 
 Another question has been discussed. In a time of 
 rebellion, is a ratification of a proposed Amendment 
 by the legislatures of three-fourths of the loyal States 
 sufficient to make the Amendment valid? According 
 to the views given in commenting upon Sections 3 
 and 4, of the previous Article, this question must be 
 answered affirmatively. If a State has forfeited her 
 right to participate in the ordinary legislation of the 
 
 1 Governor Bramlette to the legislature of Kentucky, quoted by 
 Jameson, p. 520. 
 
254 THE CONSTITUTION. Art. 5. 
 
 nation, if she is deemed unfit, because of the disloyalty 
 of her people, to assist in enacting the ordinary laws, 
 much less can she claim participation in the higher 
 and more sacreii work of changing the great organic 
 law of the nation. A proposed Amendment to the 
 Constitution is no more dependent upon the assent of 
 a State holding such relation to the nation, than upon 
 that of a Territory. 
 
 But did not Congress direct the recent Amendments 
 to be sent for ratification to the disloyal as well as to 
 the loyal States? This was done, it is true; but this 
 does not prove that their ratifications were essential to 
 the validity of the Amendments. The explanation of 
 the seeming inconsistency of Congress is to be found 
 in the peculiar character of these Amendments as 
 affecting the seceding States. They all had refer 
 ence to the abolishment of slavery, and to the status 
 of the freedmen. Congress made the ratification of 
 these Amendments by those States a condition of their 
 restoration to the Union. It was for this reason that 
 the Amendments were sent to them, and not because 
 such ratification was essential to their validity. They 
 were all ratified by three-fourths of the loyal States, 
 and would be valid without the assent of any of the 
 others. The ratification by the disloyal States was 
 simply the formal assertion by their legislatures of 
 the principles contained in the Amendments, and was 
 to that extent an evidence that they might be restored 
 with safety to their former condition in the Union. 
 
 The Amendments fifteen in all will be made the 
 subject of comment in subsequent pages. The dates 
 when they were severally proposed and ratified are as 
 follows : 
 
 The First Ten Amendments, proposed September 
 25th, 1789, ratified December 15th, 1791. 
 
 The Eleventh Amendment, proposed March 5th r 1794, 
 ratified January 8th, 1798. 
 
Art. 6. 1. CONSTITUTION AND LAWS SUPREME. 255 
 
 The Twelfth Amendment, proposed December 12th, 
 1803, ratified September 25th, 1804. 
 The Thirteenth Amendment, proposed January 31st ? 
 
 1865, ratified December 18th, 1865. 
 
 The Fourteenth Amendment, proposed June 16th, 
 
 1866, ratified July 21st, 1868. 
 
 The Fifteenth Amendment, proposed February 27th, 
 1869, ratified March 30th, 1870. 
 
 Of the four Amendments proposed by Congress, but 
 not ratified by the constitutional number of States, two 
 were proposed by the First Congress, at the same time 
 with the ten that were ratified. The third was pro 
 posed at the second session of the Eleventh Congress. 
 The fourth was that relating to slavery, proposed March 
 2d, 1861, at the close of the Thirty-sixth Congress. 
 
 ARTICLE VI. 
 MISCELLANEOUS. 
 
 Clause 1. All debts contracted and engagements entered 
 into, before the adoption of this Constitution, shall be as 
 valid against the United States under this Constitution as 
 under the Confederation. 
 
 A similar provision was made in the Articles of 
 Confederation. There was a new Constitution, but 
 the nation was the same. The nation under its new 
 Constitution would be subject to all the obligations 
 assumed before this Constitution had been adopted. 
 
 Clause 2. This Constitution, and the lows 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 con 
 trary notwithstanding. 
 
256 THE CONSTITUTION. Art. G. 3. 
 
 The language of this clause is clear and explicit. 
 The people of the United States established this Con 
 stitution for the United States. It was the work of 
 the nation itself, and was binding in every part of 
 the Republic. This clause was intended to affirm the 
 supremacy of the national government over the State 
 governments. If a law of a State, though in accord 
 ance with the constitution of that State, should be in 
 conflict with the Constitution or a law of the United 
 States, the former must yield. The judges in every 
 State are expressly required to declare null and void 
 any law of a State thus in conflict with a law of the 
 United States, or with its Constitution. 
 
 The Constitution of the United States is the organic 
 law, and all statutes, national and State, must be in 
 conformity with its provisions. But there is this wide 
 difference between the legislation of Congress and that 
 of a State legislature. The former body is guided by 
 the Constitution only. The latter must regard not 
 only the National Constitution, but the laws enacted 
 by Congress, as well as its own State constitution. 
 
 A law of the United States is binding until declared 
 unconstitutional by the Courts. As already stated, the 
 Supreme Court has declared very few acts of Congress 
 unconstitutional since the Constitution was adopted. 
 
 An attempt was made by South Carolina, in 1832, to 
 nullify certain laws of the Union, but it was promptly 
 suppressed by President Jackson. 1 
 
 Clause 3. The Senators and Representatives before 
 mentioned, and the members of the several State legisla- 
 
 1 Mr. John C. Calhoun s plan is here given as a curiosity. If 
 Congress should pass a law objectionable to any State, the State 
 might reject it, and require that it be submitted to the several 
 States. If three-fourths of the States approved it, the State should 
 submit ; otherwise the law should be null and void so far as con 
 cerned that State. 
 
Art. G. 3. OATH TO SUPPORT THE CONSTITUTION. 257 
 
 lures, 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. 
 
 This oath to support the Constitution is required of 
 all officers, both national and State, and belonging to 
 either of the three departments, executive, legislative, 
 judicial. The Constitution itself (Article II, Section 2, 
 Clause 7) prescribes the oath to be taken by the Presi 
 dent of the United States. The first statute enacted 
 under the Constitution was for the purpose of carrying 
 into effect the present clause. On the first of June, 
 1789, a law was passed, prescribing the oath, as well as 
 the time and manner of taking it, by the officers of 
 the United States, and of the several States. Objection 
 was made to the bill on the ground that, while an 
 oath was obligatory upon all officers, State and national, 
 there was no provision in the Constitution empowering 
 Congress to pass a law enjoining the oath. To this it 
 was replied that the general declarations of the Con 
 stitution could not be carried into effect without par 
 ticular regulations adapted to the circumstances, and 
 that these regulations must be made by Congress. 1 
 
 The same objection has been made in numerous 
 other instances, but the answer above given is suf 
 ficient. Were the objection to be regarded as valid, the 
 wheels of government must stop. The Constitution is 
 full of provisions requiring the performance of various 
 duties, while no express power is given to Congress to 
 pass laws prescribing the mode of performance. But 
 Congress has always regarded itself as possessing the 
 requisite power. In the first statute enacted under 
 the Constitution, Congress decided that it had this 
 
 1 Annals of Congress, I, p. 266. 
 C. G. 22. 
 
258 THE CONSTITUTION. Art. 6. 
 
 power, and the law then enacted has remained in force 
 to this day. In regard to a similar clause the Supreme 
 Court held, that "the end being required, it is a just 
 and necessary implication that the means to accom 
 plish it are given also; or, in other words, that the 
 power flows as a necessary means to accomplish the 
 end. * * The national government, in the absence 
 of all positive provisions to the contrary, is bound, 
 through its proper departments, legislative, judicial, or 
 executive, to carry into effect all the rights and duties 
 imposed on it by the Constitution." 
 
 The act of June 1st, 1789, prescribed the following 
 oath : " I, A. B., do solemnly swear, or affirm (as the 
 case may be), that I will support the Constitution of 
 the United States." On the second of July, 1862, a 
 very stringent oath of office was prescribed for all per 
 sons who should be elected or appointed to any office 
 under the general government. The act required the 
 person to take oath that he had never taken arms 
 against the United States, or aided its enemies; that he 
 had not sought or held office under, or yielded any sup 
 port to, any pretended government hostile to the United 
 States. It was applied to attorneys in 1865. 
 
 This oath has been called the "iron clad oath," and 
 it was this act which was pronounced unconstitu 
 tional by the Supreme Court, so far as it related to at 
 torneys of that Court. In 1868 (July llth), the retro 
 spective part of the iron-clad oath was abolished for 
 those persons having had participation in the late re 
 bellion, from whom all legal disabilities shall have 
 been removed by act of Congress, by a vote of two- 
 thirds of each House. In 1871 (February 15th), the 
 act of 1868 was made applicable to all who participated 
 in the rebellion, who are not ineligible to office by the 
 provisions of the Fourteenth Amendment. 
 
 The last clause touching a religious test provides 
 for universal toleration. No desire has ever been man- 
 
Art. 7. RATIFICATION OF THE CONSTITUTION. 259 
 
 ifested to remove this prohibition and introduce a re 
 ligious test. 
 
 When the Convention of South Carolina ratified the 
 Constitution, they proposed this among other Amend 
 ments that the word "other" should be inserted after 
 the word "no;" implying that an oath, or affirmation, 
 to support the Constitution, was itself a religious test. 1 
 
 ARTICLE VII. 
 RATIFICATION OF THE CONSTITUTION. 
 
 The ratification of the Conventions of nine States shall 
 be sufficient for the establishment of this Constitution be 
 tween the States so ratifying the same. 
 
 The Articles of Confederation provided that no alter 
 ation should be made in them "unless such alteration 
 be agreed to in a Congress of the United States, and be 
 afterwards confirmed by tbe legislature of every State. 
 This provision was entirely disregarded in adopting 
 the present Constitution, showing that those Articles 
 were not regarded as any thing more than a provisional 
 Constitution. They were in the "form of a compact 
 among the States," in the language of Mr. Madison. 
 
 The PEOPLE, in whose name the Declaration of Inde 
 pendence was made on the fourth of July, 1776, had 
 nothing to do with the Articles of Confederation. These 
 had " no higher sanction than a mere legislative ratifi 
 cation." 2 The Convention had now framed a Constitu 
 tion in the name of the people, by whom it was to be 
 ratified. Thus the old Articles of Confederation were 
 practically ignored by the Convention, and by the 
 people of the United States. 
 
 In the resolution of the Continental Congress, adopted 
 February 21st, 1787, which provided for calling the 
 
 1 Jour. Cont. Cong., XIII, p. 171. 2 Federalist, No. 43. 
 
260 THE CONSTITUTION. Art. 7. 
 
 Convention, it was stipulated that the Convention 
 should report to Congress and to the several State legis 
 latures for action by all these bodies. But the Conven 
 tion, as seen in this Article, did not ask the ratification 
 of their work, either by Congress or by the State legis 
 latures; but by Conventions of the people. They not 
 only ignored the old Constitution, they also disregarded 
 the directions of Congress as expressed in the reso 
 lution under which the Convention itself had been 
 called. In the Convention Mr. Madison said it was es 
 sential that the direct action of the people should be 
 had; and that the new Constitution should be ratified 
 in the most unexceptionable form by the supreme au 
 thority of the people themselves. 
 
 The Constitution was to be binding when ratified 
 by the Conventions of nine States two-thirds of the 
 whole number. This was the number required under 
 the Confederation for declaring war, making treaties, 
 emitting bills of credit, etc. 
 
 The Constitution was signed by the members of the 
 Convention, September 17th, 1787, and forwarded to 
 Congress, with a resolution requesting that it be trans 
 mitted to the several States for ratification by Conven 
 tions. Another resolution was adopted by the Conven 
 tion, making suggestions to Congress in regard to the 
 mode of putting the Constitution into operation after 
 it should be ratified. Accompanying these resolutions 
 was a letter to the President of Congress, by George 
 Washington, President of the Convention. 
 
 On the twenty-eighth of September, Congress voted 
 unanimously to transmit the Constitution to the sev 
 eral State legislatures, to be by them submitted to 
 " Conventions of delegates chosen in each State by the 
 people thereof." It was ratified by Delaware, Decem 
 ber 7th ; by Pennsylvania, December 12th ; by New 
 Jersey, December 18th; by Georgia, January 2d, 1788; 
 by Connecticut, January 9th ; by Massachusetts, Feb- 
 
Art. 7. RATIFICATION OF THE CONSTITUTION. 261 
 
 ruary 7th ; by Maryland, April 28th ; by South Caro 
 lina, May 23d; and by New Hampshire, June 21st. 
 This made the requisite number of States. 
 
 On receiving the intelligence that the ninth State 
 had ratified the Constitution, Congress appointed a com 
 mittee to report a plan for putting the new government 
 into operation. This Committee reported July 14th. 
 On the thirteenth of September, final action was taken, 
 providing for the election of the two Houses of Con 
 gress, and of a President and Vice-President, and ap 
 pointing the fourth day of March as the day on which 
 to commence proceedings. Before that day Virginia 
 and New York had ratified the Constitution, making 
 eleven States. North Carolina had rejected it, and 
 Rhode Island refused to call a Convention. Both, how 
 ever, ratified it subsequently ; the former, November 
 21st, 1789, the latter, May 29th, 1790. It will be re 
 membered that Rhode Island sent no delegate to the 
 Convention that framed the Constitution. 
 
 The question naturally arises, what would have been 
 the relation of these two States to the United States had 
 they finally refused to ratify the Constitution. It has 
 been held by some that their status would have been that 
 of foreign nations. This view is believed to be unten- 
 ble. While the Constitution was undergoing discussion 
 in the Conventions, the question as to the relations to 
 the others of any States that should not ratify it, was 
 justly considered a very delicate one. The object of 
 the friends of the Constitution was to induce every State 
 voluntarily to adopt it ; and to announce, beforehand, 
 what would be the consequences of a refusal, might 
 be construed into a threat, and so obstruct the attain 
 ment of the desired object. 1 Of this question Mr. Mad 
 ison said, "The flattering prospect of its being merely 
 hypothetical forbids an over curious discussion of it. 
 
 Farrar, p. 490. 
 
262 THE CONSTITUTION. Art. 7. 
 
 It is one of those cases which must be left to provide 
 for itself. * * Considerations of a common interest, 
 and above all, the remembrance of the endearing scenes 
 which are past, and the anticipation of a speedy tri 
 umph over the obstacles to reunion, will, it is hoped, 
 not urge in vain moderation on one side, and prudence 
 on the other." x 
 
 After the Constitution went into operation, this ques 
 tion soon came before Congress. On the fifth of June, 
 1789, a resolution was introduced into the House of Rep 
 resentatives, urging the legislature of Rhode Island to 
 call a convention. In July a law was passed imposing 
 a tonnage duty of fifty cents a ton on foreign ships. In 
 September this was suspended as to Rhode Island and 
 North Carolina till January 15th. In February (North 
 Carolina having meanwhile ratified the Constitution), 
 at the request of Rhode Island, the suspension was ex 
 tended to April 1st. Thus the ships of the people of 
 Rhode Island were regarded as ships of citizens of the 
 United States, by the request of Rhode Island herself. 
 Meanwhile the legislature had passed an act providing 
 for a convention. On the eighteenth of May the Senate 
 of the United States passed a bill prohibiting all com 
 mercial intercourse, and demanding a sum of money 
 for her proportion of the expenses of the war. But 
 before this was acted on by the House of Representa 
 tives, Rhode Island had made the desired ratification. 
 Among the reasons urged in the House for not passing 
 the Senate bill, was this : That Rhode Island was about 
 to hold a convention; it would be pleasanter for all 
 that she should come in freely; if the bill should pass 
 and she were to come in, she would be like "a soldier 
 pressed into the service, looked upon as unworthy to be 
 ranged with the volunteers. 1 
 
 A careful study of the proceedings in Congress will 
 
 Federalist, No. 43. 
 
Art. 7. AMENDMENTS. 263 
 
 show that steps looking toward coercion had already 
 been taken; and that, had Khode Island much longer 
 refused to ratify the Constitution, she would have been 
 compelled to choose between the condition of a State 
 in the Union and that of a Territory or district under it. 
 Rhode Island was a part of the domain of the United 
 States, and she could not be allowed to alienate it. 
 
 "Both Rhode Island and North Carolina were com 
 ponent parts of the nation; and no practical statesman 
 will admit for a moment that they could have been 
 permitted, by a permanent refusal to take part in the 
 new government, to constitute themselves independent 
 foreign nations in the heart of the Republic. 1 
 
 " If nine States had ratified the Constitution, and 
 the other four had stood out and refused to do it, which 
 was within their competency, they would not have been 
 independent sovereign States outside of the Union, but 
 Territories under the Union." 8 
 
 AMENDMENTS. 
 
 The Constitution makes provision for Amendments. 
 Nineteen have been proposed by Congress, and fifteen 
 have been ratified by the requisite number of States. 
 
 At the time the Constitution itself was ratified by 
 the States, several of them recommended Amendments. 
 In consequence of these recommendations, and to re 
 move as far as possible all objections on the part of the 
 people to the new Constitution, the subject was brought 
 up in the First Congress, and the House of Representa 
 tives agreed, by the requisite vote of two-thirds, to seven 
 teen Amendments. The Senate reduced the number to 
 twelve. Ten of these were subsequently ratified by the 
 legislatures of three-fourths of the States. The same 
 Congress decided that the Amendments should not be 
 
 Farrar, p. 491. 2 Brownson, p. 288. 
 
264 THE CONSTITUTION. Amend. 1. 
 
 incorporated into the text of the Constitution, but be 
 appended to it, as a series of distinct provisions. They 
 have been, therefore, numbered as so many distinct 
 Articles. They, have the same force as the original 
 Constitution. 
 
 The first ten Amendments are of the nature of a bill 
 of rights. Nothing of this distinctive character is con 
 tained in the original Constitution. A motion was 
 made in the Convention for a committee to prepare 
 such a bill, but it did not pass. Five States voted for 
 it, and five against it; two were absent. 1 As the States 
 in favor were Northern, and those against, Southern, 
 the inference has been drawn by some that a bill of 
 rights was excluded in the interest of slavery. 2 Others 
 have contended that the Constitution itself was a bill 
 of rights. The necessity of a distinct declaration of 
 rights in the Constitution of a republican government 
 is not so obvious as under a monarchy. Guaranties 
 against hereditary monarchs may be needed, but the 
 people hardly need such guaranties against themselves. 
 
 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. 
 
 This is a prohibition with reference to Congress; it 
 imposes no restraint on the action of the States. It 
 has been held that most of the Amendments proposed 
 by the First Congress do not apply to the States, but 
 to the national government alone. The several State 
 constitutions contained provisions similar to those 
 found in these Amendments, restricting the operation 
 of those governments. It was, therefore, for the purpose 
 of restraining the various departments of the general 
 
 1 Elliot, V, p. 538. 2 Farrar, p. 393. 
 
Amend. 2, 3. AMENDMENTS. 265 
 
 government that these ton Amendments were proposed. 
 This is the view taken by the Supreme Court of the 
 United States. 1 
 
 Congress can not make any religion the established 
 religion of the nation, neither can it do aught to pre 
 vent its free exercise. 
 
 By "the freedom of speech or of the press" is meant 
 the right to speak and publish whatever is not in dero 
 gation of private rights, and which does not disturb the 
 public peace or tend to subvert the government. There 
 is danger, in a republican government, of carrying this 
 freedom to excess, both in speech and in the press. We 
 must be careful not to injure others in their rights of 
 any kind, or weaken the authority of the government. 
 Especially in times of insurrection or rebellion is 
 abundant caution needed. Too much regard can not 
 be paid to time and place and circumstances. "I be 
 lieve in free speech," said the Duke of Wellington, "but 
 not on board a man-of-war." 
 
 The right to assemble peaceably and petition for a 
 redress of grievances is too obvious to have needed 
 mention in the Constitution of a free people. 
 
 Article 2. 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. 
 
 The militia are the citizen soldiery of the country, 
 as distinguished from the standing, or regular, army. 
 The militia system has been allowed to fall into partial 
 decay, showing that the people have little fear of need 
 to defend themselves by force of arms against their 
 government. 
 
 Article 3. No soldier shall, in time of peace, be quar 
 tered in any house without the consent of the owner, nor 
 in time of war, but in a manner to be prescribed by law. 
 
 1 7 Wallace, 321. 
 C. G. 23. 
 
266 THE CONSTITUTION. Amend. 4, 5. 6. 
 
 This was a mode by which despotic rulers might op 
 press their subjects. To quarter soldiers in a house is 
 to station them there for lodging and subsistence. 
 This article recognizes the maxim of the common law, 
 that a man s house is his castle. By owner is meant as 
 well the occupant for the time being. 
 
 Article 4r. The right of the people to be secure in 
 their persons, houses, papers, and effects, against un 
 reasonable searches, and seizures, shall not be violated, 
 and no warrants shall issue, but upon probable cause, 
 supported by oath or affirmation, and particularly de 
 scribing the place to be searched, and the persons or things 
 to be seized. 
 
 Thia, like the previous article, is for the protection 
 of the citizens. As soldiers could not be quartered 
 upon them, so unreasonable searches and seizures are 
 prohibited, and every search or seizure must be made 
 by special, and not by general, warrant. 
 
 Article 5. JVo person shall be held to answer for 
 a capital or otherwise infamous crime, unless on a pre 
 sentment 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 com 
 pelled in any criminal case to be a witness against him 
 self; nor be deprived of life, liberty, or property, without 
 due process of law ; nor shall private property be taken 
 for public use without just compensation. 
 
 Article 6. 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 
 
Amend. 7, 8. AMENDMENTS. 267 
 
 the nature and cause of the accusation; to be confronted 
 with the witnesses against him to have compulsory pro 
 cess for obtaining witnesses in his favor, and to have the 
 assistance of counsel for his defense. 
 
 Article 7. In suits at common law where the value 
 in controversy shall exceed twenty dollars, the right of 
 trial by jury shall be preserved, and no fact tried by 
 a jury shall be otherwise re examined in any Court of the 
 United States, than according to the rules of the common 
 law. 
 
 These three articles have already been considered in 
 connection with Article III, Section 2, Clause 3, of the 
 Constitution. 
 
 Article 8. Excessive bail shall not be required, nor 
 excessive fines imposed, nor cruel and unusual punish 
 ments inflicted. 
 
 It has been maintained, as already stated, that this 
 article refers to the national government, and not to 
 the State governments; and the same has been held 
 concerning some of the articles that precede it. "The 
 .first ten Amendments were manifestly adopted from 
 superabundant caution, as these rights were already 
 sufficiently guarded by the State constitutions and bills 
 of rights." 1 
 
 While some maintain that this Amendment, as well 
 as most of those which precede it apply to the State 
 governments as well as the national, 2 the Courts have 
 taken the other view. The language of the Fourteenth 
 Amendment seems to imply the same, as in it the 
 States are prohibited from doing what the Fifth 
 Amendment prohibits. If the Fifth applies to the 
 State governments, what need of the same prohibitions 
 in the Fourteenth? 
 
 Duer, p. 344. 2 Farrar, p. 396. 
 
268 THE CONSTITUTION. Amend. 9, 10. 
 
 Article 9. The enumeration in the Constitution of 
 certain rights shall not be construed to deny or dispar 
 age others retained by the people. 
 
 The very language of this article shows the impossi 
 bility of making any complete enumeration of rights. 
 The inference might be drawn from some of the pre 
 ceding articles, that what has not been therein pro 
 hibited, the government has the power to do. This 
 article was inserted to prevent such an inference, by 
 the declaration that other rights not specifically men 
 tioned are not therefore to be denied. But what others ? 
 The matter is left in fact just where it was before any 
 specific rights were enumerated. 
 
 It was well said by Mr. Hamilton "That bills of 
 rights are, in their origin, stipulations between kings 
 and their subjects, abridgments of prerogative in fa 
 vor of privilege, reservations of rights not surrendered 
 to the prince. * * * They have no application to 
 constitutions professedly founded upon the power of 
 the people, and executed by their immediate represent 
 atives and servants. Here, in strictness, the people 
 surrender nothing; and as they retain every thing, 
 they have no need of particular reservations. * * * 
 The truth is, that the Constitution is itself, in every 
 rational sense, and to every useful purpose, A BILL OF 
 
 RIGHTS." 1 
 
 Article 10. 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. 
 
 No part of the Constitution has been so often incor 
 rectly quoted as this. The word "expressly" has been 
 interpolated before the word "delegated," and many, 
 perhaps, believe the Constitution to speak of powers 
 
 federalist, No. 84. 
 
Amend. 10. AMENDMENTS. 269 
 
 expressly delegated to the United States. But the word 
 is not in the Constitution, either in this article or in 
 any other. It was in the Articles of Confederation, 
 which was not a real constitution, but only an agree 
 ment between the States. It was not strange that the 
 declaration was there made that " Each State retains 
 every power, jurisdiction, and right which is not by 
 this Confederation expressly delegated to the United 
 States." 
 
 A motion was made, when this Amendment was 
 under consideration in Congress, to insert the word 
 expressly," but it was not carried. Mr. Madison ob 
 jected to it, " because it was impossible to confine a 
 government to the exercise of express powers; there 
 must necessarily be admitted powers by implication 
 unless the Constitution descended to recount every 
 minutia." 1 A few days afterward the motion was re 
 newed, and again it was lost. 2 
 
 This Tenth Amendment has not only been misquot 
 ed, its meaning has been strangely perverted. Says Dr. 
 Cooper, "Congress, under the Constitution of 1787, and 
 its Amendments, can exercise no rights or powers but 
 such as are expressly enumerated and delegated, or that 
 necessarily and unavoidably flow from those that are. 
 Every other right and power is reserved by and re 
 mains vested in the States; to be delegated or not." 3 
 There is no such doctrine as this in the Constitution; 
 if found anywhere, it is in the old Articles of Confed 
 eration. It is not strange that those who could see 
 this in the Constitution could also find secession, nulli 
 fication, lack of right to coerce the individual States 
 by the general government, and want of jurisdiction 
 in the Supreme Court in questions between a State and 
 the United States. 
 
 1 Annals of Congress I, p. 790. 2 Ibid, p. 797. 
 3 Statutes of South Carolina, I, p. 217. 
 
270 THE CONSTITUTION. Amend. 10. 
 
 The meaning of the Amendment is plain. The peo 
 ple of the United States are the source of power. They 
 have established a kind of double government, that of 
 the United States and that of the several States. The 
 people of the United States have authorized the gen 
 eral government, known as the United States, to exer 
 cise large powers, and in the same Constitution have 
 made various prohibitions upon the State governments. 
 Whatever there may be of the nature of governmental 
 power, which has not been thus authorized to the 
 general government, nor prohibited to the States, the 
 people of the States may delegate to the States, or 
 they may retain it undelegated. The States, as govern 
 mental corporations, have delegated nothing; they have 
 retained nothing. The people of a State may insert in 
 their own constitution any power not already inserted 
 by the whole people in the Constitution of the United 
 States, and not forbidden by the whole people to be 
 inserted in a State constitution. 
 
 The distinction between the people and the government 
 must never be lost sight of. The people make consti 
 tutions; governments carry on the legislative, execu 
 tive, and judicial departments of civil society in con 
 formity with the Constitution thus made by the people. 
 This is true of the whole people and of the people of 
 the several States. The people of the United States are 
 under no restrictions as to the powers with which they 
 may clothe their government, except those that are 
 imposed by the great rules of justice and right. But 
 the people of a State are restricted. They may not 
 confer on their State government any powers which 
 the whole people have conferred on the United States 
 government, nor any which the whole people have 
 said shall not be exercised by the State governments. 
 "What is not conferred by the Constitution is with 
 held, and retained by the State governments, if vested 
 in them by their Constitutions; and if not so vested, it 
 
Amend. 11. AMENDMENTS. 271 
 
 remains with the people, as a part of their residuary 
 sovereignty. * * It is a general principle that 
 all bodies politic possess all the powers incident to a 
 corporate capacity, without any express declaration to 
 that effect; and one of those defects of the Confeder 
 ation which led to its abolition, was its prohibiting 
 Congress from the exercise of any power not expressly 
 delegated. 1 
 
 These ten Amendments were proposed by Congress Sep 
 tember, 25th, 1789, and ratified December 15th, 1791. 
 
 Article 11. 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 sub 
 jects of any foreign State. 
 
 This Amendment, which has been considered already 
 in connection with the Judiciary, was proposed March 
 5th, 1794, and ratified January 8th, 1798. 
 
 Article 12. This Amendment, relating to the elec 
 tion of President and Vice-President, was given in full 
 (p. 166,) when treating of the Executive Department. 
 It was proposed December 12th, 1803, and was officially 
 declared to be ratified September 25th, 1804. 
 
 Article 13, Sec. 1. Neither Slavery nor involuntary 
 servitude, except as a punishment for crime, whereof the 
 party shall have been duly convicted, shall exist within the 
 United States, or any place subject to their jurisdiction. 
 
 Sec. 2. Congress shall have power to enforce this ar 
 ticle by appropriate legislation. 
 
 Until this Amendment was made, the word slavery 
 was not to be found in the Constitution. If the idea 
 was there, it was expressed by a euphemism. Even the* 
 Amendment proposed by Congress, March 2d, 1861, to 
 
 1 Duer, p. 345. 
 
272 THE CONSTITUTION. Amend. 13. 
 
 which allusion has already been made, spoke of "per 
 sons held to service or labor." But now that the in 
 stitution was to be abolished, it was called by its own 
 name. 
 
 Slavery had already been abolished by act of Con 
 gress in the District of Columbia, April 16th, 1862, and 
 in the Territories, June 19th, of the same year. The 
 President had also, by proclamation, January 1st, 1863, 
 declared all slaves in the rebel States free. 
 
 The resolution for the abolition of slavery was passed 
 by two-thirds of the Senate, April 8th, 1864. But the 
 requisite majority was not secured in the House till 
 the following winter. It was adopted, January 31st, 
 1865, and transmitted to the States. The ratification 
 by the requisite number of States was announced De 
 cember 18th of the same year. 
 
 Mr. Secretary Seward, in his certificate, that the 
 Amendment had become valid as a part of the Consti 
 tution of the United States, named twenty-seven States 
 three-fourths of thirty-six as having ratified it. Of 
 these, eight had been in the Rebellion; and though 
 they had formed new free-State constitutions, under the 
 Proclamations of Presidents Lincoln and Johnson, none 
 of them had been formally restored to the Union by act 
 of Congress. There were then nineteen loyal States 
 that had ratified this Amendment, and four others did 
 so subsequently to the date of the certificate. Accord 
 ing to the view taken in this work, that a proposed 
 Amendment becomes valid when ratified by three- 
 fourths of the loyal States, the Thirteenth Amendment 
 was truly a part of the Constitution at the date of the 
 Secretary s certificate, nineteen of the twenty-five loyal 
 States having ratified it. 
 
 Those who think the ratifications of three-iourths of 
 the whole number of States requisite, maintain the le 
 gality of the ratification in this way. The eight insur 
 rectionary States that ratified this Amendment had 
 
Amend. 14. I. AMENDMENTS. 273 
 
 been reconstructed in accordance with executive proc 
 lamations, though without any official recognition by 
 Congress. But as this body had not disapproved of 
 this reconstruction, and as this Amendment had been 
 sent to these States for ratification, Congress did give a 
 kind of passive approval of the executive policy of 
 reconstruction, and so virtually recognized them as 
 States. When, subsequently, (March 2d, 1867), Congress 
 declared these eight with two others to be in a state of 
 insurrection, the act has no retrospective effect. 1 
 
 If the consistency of Congress is called in question 
 in thus seeming to recognize these eight States by ask 
 ing for, and receiving, their ratifications of the proposed 
 Amendment, and subsequently refusing admission to 
 their Senators and Representatives, the explanation 
 must be left to Congress. But whether these eight were 
 veritable States under the Constitution, or not, there 
 can be no doubt that the Thirteenth Amendment has 
 been duly ratified by three-fourths of the loyal States, 
 if those only should be counted, or by three-fourths of 
 the whole. 
 
 The second clause of the Amendment seems wholly 
 superfluous, as Congress has the same power to enforce 
 this as any other provision of the Constitution. 
 
 Article 14, Section 1. All persons born or natural 
 ized in the United States, and subject to the jurisdic 
 tion thereof, are citizens of the United States and of the 
 State wherein they reside. No State shall make or enforce 
 any law which shall abridge the privileges or immunities 
 of citizens of the United States; nor shall any State de 
 prive any person of life, liberty, or property, without due 
 process of law, nor deny to any person within its juris 
 diction the equal protection of the laws. 
 
 This Amendment was proposed by Congress, June 
 
 1 Skinner s Issues of American Politics, p. 204. 
 
274 THE CONSTITUTION. Amend. 14. I. 
 
 16th, 1866, and was declared to be a part of the Con 
 stitution, July 21st, 1868, by the action of Congress. 
 The Secretary s proclamation is dated July 28th. 
 
 The Thirteenth Amendment abolishes slavery through 
 out the United States. According to the opinion given 
 by Mr. Justice Swayne, as already quoted, the emanci 
 pation of a slave removes the obstacle to his citizen 
 ship. Aliens become citizens by naturalization ; slaves, 
 by emancipation. The act passed by Congress in April, 
 1866, known as the Civil Rights Bill, gave expression 
 to this opinion. It declared all persons born in the 
 United States, and not subject to any foreign power, ex 
 cluding Indians not taxed, to be citizens of the United 
 States. It conferred upon the freedmen all the rights, 
 and made them liable to all the obligations of citizens. 
 But it was doubted by some whether a mere act of leg 
 islation could confer citizenship, and whether it did 
 not require the authority of the Constitution itself. To 
 make sure the citizenship of the emancipated popula 
 tion, the principle of the Civil Rights Bill was embod 
 ied in this Fourteenth Amendment. 
 
 While the first section had its origin in the purpose 
 of the people to protect the colored population, the lan 
 guage is not restricted to them, but is applicable as 
 well to all the citizens of the country. And as it has 
 been maintained that the first eight Amendments 
 had no reference to the State governments, but were 
 restraints upon the general government only, this 
 Fourteenth Amendment declares explicitly that "No 
 State shall make or enforce any law which shall abridge 
 the privileges or immunities of citizens of the United 
 States; nor shall any State deprive any person of life, 
 liberty, or property, without due process of law, nor 
 deny to any person within its jurisdiction the equal 
 protection of the laws." 
 
 In April, 1871, an act was passed to enforce the provis 
 ions of this Amendment. It was rendered necessary, 
 
Amend 14, II. 
 
 AMENDMENTS. 275 
 
 in the judgment of Congress, in consequence of the 
 treatment received by the colored people of certain 
 States of the South, and the failure of those States to 
 afford them the protection required by the Constitution. 
 The act is known as the Ku Klux Bill. It provides 
 that the failure of a State to protect any portion of its 
 people against unlawful combinations shall be deemed 
 a denial of the protection guaranteed in this amend 
 ment. Under this act the President suspended the 
 writ of habeas corpus in certain counties, and suppressed 
 the combinations. 1 In March, 1875, an act was passed 
 entitling all persons to the full and equal enjoyment of 
 inns, public conveyances, places of amusement, etc. 
 
 Section 2. Representatives shall be apportioned among 
 the several States according to their respective numbers, 
 counting the whole number of persons in each State, ex 
 cluding Indians not taxed. But when the right to vote 
 at any election for the choice of electors for President and 
 Vice- President of the United States, Representatives in 
 Congress, the executive and judicial officers of a State, or 
 the members of the legislature thereof, is denied to any of 
 the male inhabitants of such State, being twenty-one years 
 of age, and citizens of the United States, or in any way 
 abridged, except for participation in rebellion or other 
 crime, the basis of representation therein shall be reduced 
 in the proportion which the number of such male citizens 
 shall bear to the whole number of male citizens twenty-one 
 years of age in such State. 
 
 So long as there were slaves, three-fifths of them were 
 counted in order to ascertain the population of a State, 
 and thus the number of Representatives to which the 
 State Avas entitled. But slavery having been abolished, 
 Representatives must be apportioned among the States 
 according to their respective numbers. 
 
 1 For a severe criticism of the law see Skinner, p. 316. 
 
276 THE CONSTITUTION. Amend. 14. II. 
 
 The number of Representatives being in proportion 
 to the whole population of the States, including those 
 that are colored, if suffrage were denied to this class, 
 the former slave States would have delegations in 
 Congress much larger, in proportion to the number of 
 voters, than the original free States. To remedy this 
 inequality was the object of this second section. The 
 States are not required to allow the blacks the right 
 of suffrage; but if they do not allow it, their represen 
 tation in Congress will be proportionably diminished. 
 They may take their choice between general suffrage 
 and more Congressmen, or white suffrage and fewer 
 Congressmen. 
 
 This section implies the normal case of suffrage to 
 be this : that all male citizens of twenty-one years of 
 age may vote. For it provides that if any such are 
 not allowed by their State to vote, the number of Rep 
 resentatives in such State shall be diminished. This 
 seems to throw the moral influence of the Constitution 
 in favor of universal suffrage. There is nothing, how 
 ever, to prevent any State from prescribing a quali 
 fication of intelligence, or one of property. But as this 
 Amendment would reduce the number of Representa 
 tives in a State, should any large number of voters 
 be found not to possess the required qualification, the 
 probability of suffrage limitation is rendered less than 
 before. 
 
 It has been claimed that this Amendment establishes 
 the principle of woman suffrage. Does it? The first 
 section declares who are citizens. All persons born or 
 naturalized in the United States, and subject to the 
 jurisdiction thereof, are citizens. They are citizens as 
 soon as born. Children are citizens as well as men 
 and women. Citizenship and suffrage, then, are not 
 the same. This section confers civil rights, but not 
 political. A State is prohibited from interfering with 
 civil rights, but nothing is said of suffrage. 
 
Amend. 14. III. AMENDMENTS. 277 
 
 The second section provides that if in any State any 
 male citizens of twenty-one years of age are denied the 
 rights of voting, the State shall suffer by a proportionate 
 reduction of the number of Representatives in Congress. 
 If citizenship implied the right to vote, no State could 
 deprive a constitutional citizen of that right. The 
 very supposition, in the second section, that a State 
 may deny the right to vote to some whom the Con 
 stitution declares to be citizens, is proof that one may 
 be a citizen and yet be unable to vote; and, therefore, 
 the conferring of citizenship is not the conferring of 
 the right of suffrage. 
 
 Again, those whom a State may not with impunity 
 deprive of the right of suffrage, have two requisites: 
 they are males] and of the age of twenty-one years. A 
 State may prevent others from voting as much as she 
 pleases; the Constitution contains no inhibition, and 
 affixes no penalty for such prevention. If the first 
 section gives women the right to vote, the second 
 permits a State to take the right away. Virtually the 
 Constitution in this Amendment indicates the essential 
 requisites for the exercise of suffrage. Voters must be 
 male citizens of the age of twenty-one. These two are 
 placed in the same category, and hold precisely the 
 same relation to suffrage. If the right to vote belongs 
 by this second section to one not a male, by the same 
 reasoning it belongs to one not twenty-one years old. 
 The real meaning is, that as rnales under twenty-one 
 are not expected to vote, so women are not expected 
 to do it. Provision was made to enforce this section 
 in the act of Congress, passed February 2d, 1872. 
 
 Section 3. No person shall be a Senator or Representa 
 tive in Congress, or elector of President and Vice- President, 
 or hold any office, civil or military, under the United States, 
 or under any State, who, having previously taken an oath, 
 as a member of Congress, or as an officer of the United States, 
 
278 THE CONSTITUTION. Amend. 14. III. 
 
 or as a member of any State legislature, or as an executive 
 or judicial officer of any /State, to support the Constitution 
 of the United States, shall have engaged in insurrection or 
 rebellion against the same, or given aid or comfort to the 
 enemies thereof. But Congress may, by a vote of two-thirds 
 of each House, remove such disability. 
 
 This section needs little comment. Those who, as 
 officers under a State or the Nation, had sworn to sup 
 port the Constitution of the United States, and then 
 engaged in rebellion, are precluded from again holding 
 office, except Congress, by a vote of two-thirds, shall 
 remove the disability. 
 
 Article II, Section 2, of the Constitution gives the 
 President power to grant reprieves and pardons for 
 offenses against the United States, except in cases of 
 impeachment. It is doubted whether cases of amnesty 
 were intended to be included. Early in the war, July 
 17th, 1862, Congress authorized the President to issue 
 proclamations of amnesty. This was done by President 
 Lincoln and by President Johnson. In January, 1867, 
 the authority was withdrawn by Congress, but President 
 Johnson nevertheless issued other proclamations even 
 after the ratification of this Amendment. Whether he 
 had the authority to issue such proclamations after the 
 repeal of the provision referred to, is doubtful; but 
 certainly he had no power, after the adoption of this 
 Amendment, to absolve from their guilt any offenders 
 included under its. provisions. As the second section 
 of Article II of the Constitution gave the pardoning 
 power to the President, so this third section of the 
 Fourteenth Amendment repealed that power so far as 
 applicable to the classes named therein. 
 
 The disabilities imposed by this section were removed 
 from many persons mentioned by name in the several 
 acts, and, in May, 1872, Congress passed a general act, 
 removing such disabilities from all except Senators 
 
Amend. 14. IV. AMENDMENTS. 279 
 
 and Representatives of the Thirty-sixth and Thirty- 
 seventh Congresses; officers in the judicial, military, 
 and naval service of the United States ; heads of de 
 partments, and foreign ministers of the United States. 
 These classes will hardly remain exceptional long. 
 
 Section 4-. The validity of the public debt of the 
 United States, authorized by law, including debts incurred 
 for payment of pensions and bounties for services in sup 
 pressing insurrection or rebellion, shall not be questioned. 
 But neither the United States nor any State shall assume 
 or pay any debt or obligation incurred in aid of insur 
 rection or rebellion against the United States, or any 
 claim for the loss or emancipation of any slave ; but all 
 such debts, obligations, and claims shall be held illegal 
 and void. 
 
 This section had immediate reference to the exist 
 ing public debt, which was incurred in suppressing the 
 rebellion; but the language is general, and therefore 
 applicable to all public debts. The prohibition as to 
 the payment by the United States or any State of 
 any part of a debt incurred in aid of insurrection or 
 rebellion against the United States, is also general. 
 The measure is one of obvious security, as under the 
 reconstruction laws many of those formerly in the 
 rebellion have been admitted again to the State and 
 National legislatures. It is better for all to have the 
 question settled by the adoption of a clause in the 
 organic law itself. 
 
 Section 5. The Congress shall have power to enforce, 
 by appropriate legislation, the provisions of this article. 
 
 The same remark may bo made of this as of the cor 
 responding section in the Thirteenth Amendment; it 
 seems to be unnecessary. Whatever the Constitution 
 requires, Congress has the power to carry out by ap- 
 
280 THE CONSTITUTION. Amend. 15. 
 
 propriate legislation, whether there be specific provision 
 for it or not. 
 
 Article 15, Sec. 1. The right of citizens of the United 
 States to vote shall not be denied or abridged by the United 
 States, or by any State, on account of race, color, or pre 
 vious condition of servitude. 
 
 Sec. 2. The Congress shall have power to enforce this 
 article by appropriate legislation. 
 
 The second section of the Fourteenth Amendment 
 was intended to secure suffrage to the freedmen. This 
 was to be done indirectly, however. The right of suf 
 frage was not conferred upon the colored race by a direct 
 affirmative grant, but the States which should with 
 hold it were to have their number of Representatives 
 in Congress reduced in proportion. The measure was 
 not attended with the success which was anticipated. 
 The enfranchisement of the colored race was deemed 
 indispensable to their own safety and to the prosperity 
 of the nation; and the first plan to secure it having 
 failed, a second was proposed. Hence this Fifteenth 
 Amendment. It declares expressly that the right of 
 citizens to vote shall not be denied or abridged on ac 
 count of race, color, or previous condition of servitude. 
 The Fourteenth Amendment declared the colored race 
 to be citizens, and thus gave them all civil rights; and 
 the Fifteenth secures them suffrage, and thus bestows 
 upon them political rights. 
 
 This article does not, of course, imply that all citizens 
 possess the right to vote. We have seen that the Four 
 teenth Amendment declares children, as well as adults, 
 to be citizens; showing that to make the right of 
 suffrage co-extensive with citizenship would be simply 
 absurd. The meaning is that the right to vote of those 
 citizens who enjoy the right, to wit., males of twenty- 
 one years, shall not be denied on account of race, color, 
 or previous condition of servitude. It may not be 
 
Amend. 15. AMENDMENTS NOT RATIFIED. 281 
 
 denied for either of these three causes, but it may for 
 any other. The freedmen are put upon an equality 
 with others as to the right of suffrage. If an educa 
 tional qualification is required, it will apply to the 
 whites as well. So with a property qualification. Vir 
 tually, this Amendment establishes universal suffrage ; 
 and while some great evils were in this way prevented, 
 the extension of the elective franchise to a large 
 number of ignorant persons, can not be viewed but 
 with deep regret, and with grave foreboding. Weighty 
 obligations rest on all intelligent citizens to extend to 
 this class of our population the opportunities of educa 
 tion, that they may vote intelligently. 
 
 The right to vote implies the right to be voted for. 
 
 In May, 1870, Congress enacted a stringent law " to 
 enforce the right of citizens of the United States 
 to vote." It was amended in February, 1871. 
 
 This Fifteenth Amendment was proposed by Congress, 
 February 27th, 1869, and declared to be duly ratified 
 March 30th, 1870. 
 
 AMENDMENTS PROPOSED BUT NOT RATIFIED. 
 
 Besides the fifteen Amendments which have become 
 a part of the Constitution, four have been proposed by 
 Congress but not ratified by the legislatures of three- 
 fourths of the States. Two of these were proposed by 
 the First Congress. Twelve were proposed, of which the 
 last ten were ratified. The others were as follows : 
 
 1. After the first enumeration required by the first 
 article of the Constitution, there shall be one Repre 
 sentative for every thirty thousand, until the number 
 shall amount to one hundred, after which the propop 
 tion shall be so regulated by Congress that there shall 
 be not less than one hundred Representatives, nor less 
 than one Representative for every forty thousand per 
 sons until the number of Representatives shall amount 
 C. G. 24. 
 
282 THE CONSTITUTION. 
 
 to two hundred; after which the proportion shall be 
 so regulated by Congress that there shall not be less 
 than two hundred Representatives, nor more than one 
 Representative for every fifty thousand persons. 
 
 2. No law varying the compensation for the services 
 of the Senators and Representatives shall take effect, 
 until an election of Representatives shall have inter 
 vened. 
 
 The following Amendment was proposed by the Elev 
 enth Congress at their second session : 
 
 3. If any citizen of the United States shall accept, 
 claim, receive, or retain any title of nobility or honor, 
 or shall, without the consent of Congress, accept and 
 retain any present, pension, office, or emolument of any 
 kind whatever, from any emperor, king, prince, or 
 foreign power, such person shall cease to be a citizen 
 of the United States, and shall be incapable of hold 
 ing any office of trust or profit under them or either 
 of them. 
 
 The fourth of the Amendments proposed but not rati 
 fied was at the close of the Thirty-sixth Congress, March 
 2d, 1861. It has been quoted on a former page. 
 
 4. No Amendment shall be made to the Constitution 
 which will authorize or give to Congress the power to 
 abolish or interfere, within any State, with the domestic 
 institutions thereof, including that of persons held to 
 labor or service by the laws of said State. 
 
CHAPTER V. 
 
 THE RATIFICATION OF THE CONSTITUTION BY THE SEVERAL STATES. 
 
 The Convention which formed the Constitution met 
 in Philadelphia on the second of May, 1787, but the 
 organization was not effected till the twenty-fifth. 
 George Washington was appointed President. All the 
 States were represented but Rhode Island. Connecticut 
 did not send a delegation till a fortnight after the time 
 appointed, and New Hampshire was not represented 
 till the twenty-third of July. 
 
 The Constitution was adopted by the Convention on 
 Saturday, September 15th, and signed by the members 
 on Monday, the 17th. In the Convention the vote was 
 by States, and as two of the three delegates from New 
 York Messrs. Lansing and Yates had withdrawn 
 when it was decided to form a new Constitution in 
 stead of revising the Articles of Confederation, the 
 Constitution was adopted by the delegates from eleven 
 States. It was thought desirable that the instrument 
 should go forth to the public with the signatures of 
 the individual delegates, as well as the official attesta 
 tion of the Convention. The following was the form : 
 " Done in Convention, by the unanimous consent of 
 the States present, the seventeenth day of September, 
 in the year of our Lord 1787, and of the Independence 
 of the United States the twelfth. In witness whereof, 
 we have hereunto subscribed our names." All the 
 delegates present signed it except Messrs. Randolph 
 and Mason from Virginia, and Mr. Gerry from Massa 
 chusetts. New York was not officially present in the 
 
 (283) 
 
284 THE CONSTITUTION. 
 
 Convention, but the instrument bears the signature of 
 Alexander Hamilton, from that State, who took a most 
 prominent part in its deliberations. 
 
 The following resolutions, adopted by the Convention, 
 were transmitted to Congress, with a copy of the Consti 
 tution, accompanied by a letter from the President : 
 
 "In Convention, Monday, September 17th, 1787. 
 
 "Resolved, That the preceding Constitution be laid be 
 fore the United States in Congress assembled, and that 
 it is the opinion of this Convention that it should 
 afterwards be submitted to a convention of delegates, 
 chosen in each State by the people thereof, under the 
 recommendation of its legislature, for their assent and 
 ratification; and that each convention, assenting to 
 and ratifying the same, should give notice thereof to 
 the United States in Congress assembled. 
 
 "Resolved, That it is the opinion of this Convention, 
 that as soon as the conventions of nine States shall 
 have ratified this Constitution, the United States in 
 Congress assembled, should fix a day on which electors 
 should be appointed by the States which shall have 
 ratified the same, and a day on which the electors 
 should assemble to vote for the President, and the time 
 and place for commencing proceedings under this Con 
 stitution. That after such publication the electors 
 should be appointed, and the Senators and Representa 
 tives elected; that the electors should meet on the day 
 fixed for the election of the President, and should trans 
 mit their votes, certified, signed, sealed, and directed, as 
 the Constitution requires, to the Secretary of the United 
 States in Congress assembled; that the Senators and 
 Representatives should convene at the time and place 
 assigned; that the Senators should appoint a President 
 of the Senate, for the sole purpose of receiving, open 
 ing, and counting the votes for President; and that, 
 after he shall be chosen, the Congress, together with 
 
THE MODE OF RATIFICATION. 285 
 
 the President, should, without delay, proceed to execute 
 this Constitution. 
 
 " By the unanimous order of the Convention, 
 
 "George Washington, President. 
 
 " William Jackson, Secretary." 
 
 The resolution of Congress, adopted February 21st, 
 1787, recommending that a Convention should be held 
 for the purpose of revising the Articles of Confedera 
 tion, contemplated that those alterations, after being 
 agreed to by Congress, should be confirmed by the States. 
 But the Convention, in the resolutions transmitted to 
 Congress with a copy of the Constitution, proposed that 
 this confirmation should not be by the States, i. e., by 
 the legislatures of the States, but that the instrument 
 should " be submitted to a convention of delegates, 
 chosen in each State by the people thereof." 
 
 The Articles of Confederation had been adopted by 
 Congress and ratified by the legislatures of the several 
 States. They had never been submitted to the people. 
 It was expected that the alterations would be submitted 
 to the legislatures and not to the people. The Conven 
 tion thought, however, that if the adoption of the new 
 Constitution were to be referred to the State legislatures 
 it would not rest on the direct authority of the people. 
 
 The Articles of Confederation could not be amended 
 without the assent of all the States; but the Consti 
 tution was to go into effect when nine of the thirteen 
 should have ratified it. The Convention, therefore, 
 "had prepared a system of government that would not 
 merely alter, but would abolish and supersede the Con 
 federation ; and they had determined to obtain, what 
 they regarded as a legitimate authority for this pur 
 pose, the consent of the people of the States, by whose 
 will the State governments existed." 1 The Articles of 
 
 1 Curtis s History of the Constitution, II, p. 481. 
 
286 THE CONSTITUTION". 
 
 Confederation were the work of Congress and the State 
 governments. The people had no participation in them. 
 They were not made in the name of the people. But 
 the Constitution framed by the Convention of 1787 was 
 in the name of the people; and, should it go into 
 operation, would derive its validity from the people 
 themselves. Prior to the adoption of the present Con 
 stitution, the United States were strictly without any 
 written Constitution. They had a government, and the 
 relation of the States to the Nation was virtually the 
 same as now; but their respective duties had not been 
 definitely stated, and there was no little friction in the 
 working of the governmental machinery. The mem 
 bers of the Convention had great hopes that the new 
 Constitution would be found to remedy these evils, and 
 in this they were not disappointed. 
 
 Congress having received the report of the Conven 
 tion, on September 28th, adopted the following reso 
 lution : " Resolved, unanimously, that the said report, 
 with the resolutions and letter accompanying the same, 
 be transmitted to the several legislatures, in order to 
 be submitted to a convention of delegates, chosen in 
 each State by the people thereof, in conformity to the 
 resolves of the Convention made and provided in that 
 case." Congress, it will be seen, merely transmits the 
 Constitution to the State legislatures, without either 
 approval or disapproval. This was what the Convention 
 had requested, though a vote of approval would have 
 facilitated its adoption in the conventions of the States. 
 But some opposition was made in Congress to the Con 
 stitution, and to obtain unanimity it was necessary, 
 says Mr. Madison, to couch the resolution in very 
 moderate terms. It was first contended that Congress 
 could not properly give any positive countenance to a 
 measure which had for its object the subversion of the 
 Constitution under which they acted. This objection 
 having been answered, an effort was made to amend 
 
ITS ADVOCATES AND OPPONENTS. 287 
 
 the Constitution by inserting a bill of rights, trial by 
 jury in civil cases, etc. Had this effort been successful, 
 it would, without doubt, have defeated the Constitution, 
 as two instruments would have been placed before the 
 people for their ratification. 
 
 The Convention had kept their proceedings secret, 
 and there was consequently great anxiety to know the 
 character of the new Constitution. Singular rumors 
 were circulated, among which was one that a system 
 of monarchical government had been framed, and the 
 monarch designated in the person of one of the sons of 
 George III. But, two days after the Convention ad 
 journed, the new Constitution was published in the 
 newspapers of Philadelphia, thus dispelling all doubt in 
 regard to it. 
 
 " It met every-where with warm friends and warm 
 opponents." Mr. Curtis classifies its advocates thus : 
 first, a large body who regarded it as the admirable 
 system which it proved to be when put into operation ; 
 second, those who believed it to be the best attainable 
 government that could be adopted by the people of the 
 United States, over-looking defects which they ac 
 knowledged, or trusting to the power of amendment 
 which it contained; and, third, the mercantile and 
 manufacturing classes who regarded its commercial and 
 revenue powers with great favor. "Its adversaries," 
 he says, " were those who had always opposed any 
 enlargement of the federal system ; those whose conse 
 quence as politicians would be diminished by the 
 establishment of a government able to attract into 
 its service the highest classes of talent and character, 
 and presenting a service distinct from that of the 
 States ; those who conscientiously believed its provis 
 ions and powers dangerous to the rights of the States 
 and to public liberty; and, finally, those who were op 
 posed to any government, whether State or national or 
 federal, that would have vigor and energy enough to 
 
THE CONSTITUTION. 
 
 protect the rights of property, to prevent schemes of 
 plunder in the form of paper money, and to bring 
 about the discharge of public and private debts." 
 
 The legislatures of all the States, except Rhode 
 Island, called conventions of the people to act upon the 
 Constitution, though in some of them there was strong 
 opposition. Thus in New York the resolutions for a 
 convention were passed by majorities of only three in 
 the Senate and two in the House ; and this on the first 
 of February, 1788, when five States had already ratified 
 the Constitution. 
 
 The first ratification was by Delaware, on the seventh 
 of. December, 1787. It was done unanimously, and 
 without the recommendation of any amendment. 
 
 Pennsylvania was the second to ratify. This was 
 done, without declaration or recommendation, on the 
 twelfth of December, by a vote of 46 to 23. 
 
 New Jersey ratified the Constitution December 18th. 
 Her vote was unanimous. 
 
 The next was Georgia, which was also unanimous in 
 her ratification. It was done January 2d, 1788. 
 
 Connecticut followed on the ninth of January, ratify 
 ing without any declaration, and without recommenda 
 tions, by a vote of 128 to 40. 
 
 The convention of Massachusetts commenced its ses 
 sions on the ninth of Januar} T , the day of the ratifica 
 tion by Connecticut, and continued in session till the 
 seventh of February. The discussion was warm and 
 able, and the Constitution was ratified at last by a ma 
 jority of only 19 in a Convention of 355. Nine amend 
 ments were recommended, two or three of which were 
 included in the amendments proposed by the First 
 Congress. 
 
 Maryland passed a vote of ratification April 28th. 
 The vote stood 63 to 11, and there were no amendments 
 or resolutions. 
 
 South Carolina ratified the Constitution May 23d, 
 
ITS RATIFICATION BY THE STATES. 289 
 
 1788, by a vote of 149 to 73. Several amendments were 
 recommended. 
 
 The ninth State was New Hampshire. Her ratifica 
 tion was made, June 21st, 1788, by a majority of 11. 
 The convention had assembled in February, but after 
 a warm discussion had adjourned to the eighteenth of 
 June. Three conventions were in session at the same 
 time: that of Virginia having convened June 2d, and 
 that of New York on the 17th. New Hampshire ac 
 companied her ratification with twelve amendments, 
 of which three were subsequently embodied in the 
 amendments proposed by Congress. 
 
 As the Constitution was to become binding when 
 nine States had ratified it, New Hampshire completed 
 the number. As soon as the intelligence of her action 
 reached Congress, a committee was appointed to report 
 an act for putting the Constitution into operation. 
 
 The tenth State in the order of ratification was Vir 
 ginia. She ratified on the twenty-fifth of June, by a 
 vote of 89 to 79. l It should be stated that this vote was 
 taken before the convention knew of the action of New 
 Hampshire. The members of the Virginia Convention 
 supposed that by her ratification she would make the 
 number complete. The convention proposed many 
 amendments, and accompanied their ratification with a 
 declaration of rights. " We, the delegates of the 
 people of Virginia, * * * do, in the name and in 
 behalf of the people of Virginia, declare and make 
 known that the powers granted under the Constitution, 
 being derived from the people of the United States, 
 may be resumed by them whenever they shall be per 
 verted to their injury or oppression, etc." 
 
 This shows very clearly the opinion of the majority 
 
 1 The date usually given is June 26th. The vote of ratification 
 was on the 25th ; an engrossed form of the ratification was read 
 and signed by the president on the 26th. Elliot, III, p. 656. 
 C. G. 25. 
 
290 THE CONSTITUTION. 
 
 of the members of the convention as to the source of 
 the powers granted under the Constitution. They 
 came, not from the States, but from the people of the 
 United States. 
 
 New York was the eleventh State to ratify the Con 
 stitution. The opposition was very strong, and it was 
 for some time doubtful whether the vote of ratification 
 could be carried. It will be remembered that two of 
 the three delegates sent by New York to the Conven 
 tion which framed the Constitution, left the Convention 
 when they became satisfied that a new instrument 
 would be framed. These two delegates Messrs. Lan 
 sing and Yates as well as Mr. Hamilton, were in the 
 State convention. A form of ratification was proposed 
 which provided that the act of ratification was made 
 "on condition" that Congress would not exercise certain 
 powers till a general Convention should be called for 
 proposing amendments. The words " on condition " 
 were finally stricken out, and the words u in full confi 
 dence " substituted ; though the vote was 31 to 29. In 
 this form the ratification was voted, 30 to 27, on the 
 twenty-sixth of July. 
 
 A long declaration of rights was made, and a great 
 number of amendments proposed. 
 
 The convention of North Carolina commenced its 
 session July 21st, but adjourned on the 2d of August, 
 after passing a resolution that a declaration of rights 
 and certain amendments ought to be laid before Con 
 gress and a convention which might be called for 
 amending the Constitution, previous to its ratification 
 by North Carolina. This was adopted by 184 to 84. 
 More than a year later another convention was held, 
 and, on the twenty-first of November, 1789, North Car 
 olina ratified the Constitution by a majority of 11. 
 This was more than eight months after the Constitution 
 had gone into operation. This ratification was accom 
 panied with a bill of rights and many amendments, 
 
ITS RATIFICATION BY THE STATES. 291 
 
 mostly like those of Virginia. It should be noted that 
 delegates from North Carolina, and one of those from 
 Rhode Island, continued in Congress to the last, and 
 delegates from both States voted on questions pertain 
 ing to the Constitution as late as August 6th, 1788. 
 
 Rhode Island sent no delegates to the Convention 
 which framed the Constitution. When that instrument 
 was received from Congress, the legislature caused it to 
 be published and circulated among the people, but did 
 not call a convention to ratify it. Instead of this they 
 referred the adoption of it to the people in their town 
 meetings for the purpose of having it rejected. There 
 were but four thousand legal voters in the State, and of 
 the small minority who favored the adoption of the 
 Constitution few voted. The votes against it were 
 2,708; those in favor, 232. This was in March, 1788. 
 After an interval of more than two years, Rhode Island, 
 called a convention, and the Constitution was ratified 
 on the twenty-ninth of May, 1790. 
 
 The ratification of New Hampshire, which was the 
 ninth in order, was received by Congress July 2d, 1788. 
 A committee was appointed on the same day to exam 
 ine the various ratifications and report an act for put 
 ting the Constitution into operation. The only member 
 who voted against the appointment of a committee was 
 Mr. Yates, of New York, who left the Constitutional 
 Convention, and voted against the ratification of the 
 Constitution in the convention of New York. 
 
 The committee reported, on the fourteenth of July, an 
 act which was debated till the thirteenth of Septem 
 ber, when the following resolution was adopted : 
 
 "Resolved, that the first Wednesday in January next 
 be the day for appointing electors in the several States, 
 which, before the said day, shall have ratified the said 
 Constitution; that the first Wednesday in February next 
 be the day for the electors to assemble, in their respect 
 ive States, and vote for a President; and that the first 
 
202 THE CONSTITUTION. 
 
 Wednesday in March next be the time, and the present 
 seat of Congress the place, for commencing proceedings 
 under the said Constitution." 
 
 The first Wednesday in March of the year 1789 hap 
 pened to be, the fourth day, which thus became the 
 initial day of our governmental year. On the fourth 
 of March each new Congress commences its existence, 
 and on this day the President is inaugurated. 
 
 Elections of Senators and Representatives were held, 
 and electors of President were appointed, in accordance 
 with the act of Congress, and the first Congress under 
 the Constitution met on the fourth of March, 1789. 
 For want of a quorum the organization was not effected 
 till the first of April in the House, and the sixth of 
 April in the Senate. The electoral votes were then 
 counted in the presence of both Houses. 
 
 George Washington was found to have been elected 
 President by a unanimous vote (69) ; and John Adams 
 was declared Vice-President, as having the next highest 
 number (34), though it was less than a majority. Mr. 
 Adams took the chair as President of the Senate April 
 21st, and General Washington was inaugurated Presi 
 dent April 30th, 1789, in the city of New York. 
 
 Thus quietly the government went into operation 
 under the new Constitution. It was extraordinary 
 that a President should have been unanimously elected, 
 when we remember the great opposition which the 
 Constitution encountered, and that the new President 
 had presided over the Convention which framed the in 
 strument. At the expiration of his first term President 
 Washington was again elected by a unanimous vote ; 
 fifteen States now voting while before there had been 
 but ten. Vermont and Kentucky had been admitted 
 into the Union before the second Presidential election. 
 Since the administration of President Washington, no 
 President has received the votes of all the electors. 
 
 Those who had opposed the Constitution in the State 
 
ITS SUCCESS. 293 
 
 conventions gave in their acquiescence when they 
 found that the people had voted to ratify it. The 
 dangers which had been feared were found to be im 
 aginary. The Constitution has proved itself to be just 
 what the nation needed. Once only has there been a 
 determined effort to overthrow it. And this would not 
 have been made had it not been that the slave-hold 
 ing States thought their interests would be promoted 
 by a dissolution of the Union. To effect this, they 
 placed upon the Constitution an interpretation the 
 opposite of that attributed to it by those who opposed 
 its ratification in 1787 and 1788. Patrick Henry, and 
 those who agreed with him, would not ratify the Con 
 stitution because it was the Constitution of a Nation 
 and not a league of States. In 1861 the people of a 
 portion of the States claimed the right of peaceable 
 secession, because, as they affirmed, the government 
 was a league. Had it been so understood when the 
 adoption of the Constitution was under discussion in 
 the State conventions in 1788, those who were the 
 most strongly opposed to it would have been the most 
 eager to adopt it. 
 
CHAPTER VI. 
 
 THE ADMISSION OF NEW STATES THE TERRITORIAL GOVERNMENTS. 
 
 At the birth of the Nation July 4th, 1776 there 
 were thirteen States; there are now 1878 thirty-eight. 
 The Constitution went into operation when only eleven 
 had ratified it ; but the other two gave their ratifications 
 shortly after North Carolina, November 21st of the 
 same year, and Rhode Island on the twenty-ninth of 
 May, 1790. The relation of these two to the others, if 
 they had refused to ratify, has been discussed in a 
 former chapter (page 261). 
 
 Congress has admitted twenty-five new States into 
 the Union. Of these, twelve were formed from terri 
 tory belonging to the United States, or to individual 
 States when the Constitution was adopted; and eight 
 of the others came from the Louisiana purchase. 
 
 Classifying them as to their modes of admission, four 
 were formed from other States, nineteen existed as or 
 ganized Territories, one was admitted without having 
 had a territorial government, and one was annexed. 
 
 The first State admitted into the Union after the 
 adoption of the Constitution was VERMONT. The people 
 of Vermont, in January, 1777, proclaimed themselves a 
 free and independent State, under the name of the 
 New Hampshire Grants. In December of that year 
 the same convention which had proclaimed the inde 
 pendence of the State, adopted and put into operation 
 a constitution. But as the territory was claimed by 
 New York, opposition was made by that State to her 
 admission into the Union. It was not till October 
 
 (294) 
 
VERMONT, KENTUCKY, TENNESSEE. 295 
 
 17th, 1790, after the adoption of the Constitution of 
 the United States, that New York, by her commis 
 sioner, consented to relinquish her claim to soil and 
 jurisdiction, Vermont paying the sum of thirty thou 
 sand dollars. The formal consent of New York was 
 given March 6th, 1790, by her legislature. Applica 
 tion was made by Vermont for admission, February 
 9th, 1791, and an act, to take effect on the fourth 
 of March, was approved February 18th. Vermont, the 
 first of the new States, thus became an integral part 
 of the Union March 4th, 1791. She came in with the 
 constitution which her convention had adopted four 
 teen years before, and which has remained substanti 
 ally the same to the present time. 
 
 KENTUCKY was the next new State; it was admitted 
 June 1st, 1792. As Vermont was formed from a part of 
 New York, so Kentucky was formed from a part of 
 Virginia. The question of forming a new State from 
 that portion of Virginia known as the district of 
 Kentucky, began to be agitated as early as 1784. A 
 number of conventions were held, but no results fol 
 lowed till December 18th, 1789, when Virginia passed 
 an act giving her consent to a separation, to take place 
 June 1st, 1792. On the fourth of February, 1791, Con 
 gress, in answer to a petition from a convention in 
 Kentucky, consented to her admission, which was to 
 take place June 1st, 1792, according to the agreement 
 with Virginia. 
 
 The third State admitted into the Union was TEN 
 NESSEE, June 1st, 1796. This was originally a part of 
 North Carolina. Like Vermont, Tennessee had early 
 in the war with Great Britain proclaimed herself in 
 dependent; and she had set up a government in defi 
 ance of North Carolina. She called herself the State 
 of Frankland, elected officers, and attempted to defend 
 herself by force of arms. The rebellion was, however, 
 suppressed. 
 
296 THE NEW STATES. 
 
 In February, 1790, North Carolina made a cession of 
 her western territory to the United States, with this, 
 among other conditions, " That the territory so ceded 
 shall be laid out and formed into a State or States, 
 containing a suitable extent of territory, the inhabi 
 tants of which shall enjoy all the privileges, benefits, 
 and advantages, set forth in the ordinance of the late 
 Congress for the government of the western territory 
 of the United States." 
 
 On the second of April of the same year, Congress 
 accepted the cession, and, on the twenty-sixth of May, 
 passed an act organizing the Territory. In July, 1795, 
 the territorial legislature ordered a census to be taken 
 to ascertain whether the population amounted to 60,000; 
 this number entitling the Territory to admission into 
 the Union as a State, by the terms of the ordinance 
 of 1787 and the deed of cession. The census showing 
 a sufficient population, a convention was called to form 
 a State constitution. This body met in January, 1796, 
 and on the sixth of February adopted a constitution. 
 A copy was forwarded to the President of the United 
 States in the same month, with a notification that on 
 the twenty-eighth of March the territorial government 
 would cease. The peculiar action of Tennessee in de 
 manding rather than asking admission into the Union 
 is to be explained by her understanding of the ordi 
 nance of 1787. A very earnest debate followed, but 
 finally an act for admission was passed ; it was approved 
 June 1st. Tennessee was the first State admitted which 
 had been previously governed as a Territory. 
 
 There had been thus three new States admitted into 
 the Union before the close of the century: Vermont, 
 Kentucky, and Tennessee. The first in this century 
 was OHIO, admitted February 19^A, 1803; which, though 
 the seventeenth at the time of her admission, has long 
 held the third rank in population. The old States had 
 ceded to the United States all their claims of jurisdic- 
 
NORTH-WEST TERRITORY OHIO. 297 
 
 tion, and, with a few exceptions, of soil, to territory 
 lying north-west of the Ohio River. In the summer of 
 1787, while the Convention was framing the Constitu 
 tion, at Philadelphia, Congress at New York passed an 
 "Ordinance for the government of the territory of the 
 United States north-west of the River Ohio. This 
 was the most important act performed by Congress 
 under the Articles of Confederation. " Never, probabty, 
 in the history of the world, did a measure of legisla 
 tion so accurately fulfill, and yet so mightily exceed, 
 the anticipations of the legislators." (Chase, Statutes 
 of Ohio.) Its object was declared to be to " extend the 
 fundamental principles of civil and religious liberty 
 which form the basis whereon these republics, their 
 laws and constitutions are erected; to fix and estab 
 lish those principles as the basis of all laws, consti 
 tutions, and governments, which, forever hereafter shall 
 be formed in the said Territory." (The ordinance in 
 full may be found in the Appendix.) 
 
 The Territory embraced all the land which belonged 
 to the United States north-west of the Ohio River, and 
 all to which Great Britain had any claim at the time 
 of the treaty of 1783. It extended from Pennsylvania 
 to the Mississippi, and from the Ohio to the great 
 lakes. The ordinance provided for its division into 
 three States; or five, if the people should prefer. Five 
 States have been organized : Ohio, Indiana, Illinois, 
 Michigan, and Wisconsin. The territorial government 
 was organized soon after the passage of the ordinance. 
 The government was vested in a Governor and Judges; 
 but when there should be 5,000 free males of full age, 
 a territorial legislature might be elected. The first 
 Governor was General Arthur St. Clair, who was Presi 
 dent of Congress when elected. He entered upon his 
 duties in 1788 at Marietta. The first territorial legisla 
 ture met at Cincinnati September 16th, 1799. 
 
 In May, 1800, the Territory was divided; the western 
 
298 THE NEW STATES. 
 
 portion being called the Territory of Indiana, of which 
 W. H. Harrison, afterward President, was made Gov 
 ernor. April 30th, 1802, Congress passed an act to ena 
 ble the people of the eastern division to form a consti 
 tution and State government. The convention met at 
 Chillicothe, November 1st, framed a constitution, and 
 adjourned on the 29th. The constitution was not sub 
 mitted to the people. There was no formal act admit 
 ting Ohio, but February 19, 1803, when Congress recog 
 nized the new State, is taken as the date of admission. 
 
 LOUISIANA came next into the Union, April 30$., 
 1812. About the time Ohio was admitted, a treaty was 
 made with France, in which that power ceded to the 
 United States the vast territory known then as Louisi 
 ana, lying mainly on the west of the Mississippi River. 
 By tliis purchase the area of the United States was 
 more than doubled. From it the following States have 
 already been formed: Louisiana, Arkansas, Missouri, 
 Kansas, Nebraska, Iowa, Minnesota, Oregon, and a large 
 part of Colorado. 
 
 The treaty with France was made April 30th, 1803. 
 A temporary government was provided the same year, 
 and, on March 26th, 1804, Congress divided the region 
 into two territories the Territory of Orleans and the 
 District of Louisiana. March 2d, 1805, an act was 
 passed authorizing a constitution and State government 
 in the Territory of Orleans, when its free inhabitants 
 should number "60,000. On the 20th of February, 1811, 
 an act was passed to enable the people to form a consti 
 tution and State government. This was done January 
 22d, 1812, and the State was admitted into the Union 
 by act of Congress, April 8th, 1812, to take effect April 
 30th of that year. 
 
 INDIANA, formed from a part of the North-west Ter 
 ritory, was admitted December llth, 1816. The Territory 
 of Indiana, formed May 7th, 1800, was divided January 
 llth, 1805, and the Territory of Michigan established. 
 
MISSISSIPPI, ILLINOIS, ALABAMA. 299 
 
 It was again divided, February 3d, 1809, and the Ter 
 ritory of Illinois established. The people having ap 
 plied for admission into the Union, an enabling act was 
 passed by Congress, April 19th, 1816. and a constitution 
 was formed June 29th. A joint resolution admitting 
 Indiana into the Union was approved December llth, 
 1816. 
 
 MISSISSIPPI, formed from territory ceded by South 
 Carolina, August 9th, 1787, and by Georgia, April 24th, 
 1802, was admitted December 10th, 1817. Congress estab 
 lished the territorial government April 7th, 1798. An 
 act to enable the people of the western part of the Mis- 
 issippi Territory to form a constitution and State gov 
 ernment was passed March 1st, 1817. A constitution 
 was formed August 15th, 1817, and the State admitted 
 by act of Congress December 10th, 1817. 
 
 ILLINOIS was formed from the North-west Territory, 
 and admitted December 3d, 1818. The Territory of Illi 
 nois was established February 3d, 1809. A memorial 
 of the legislative council to be allowed to form a State 
 government having been presented to the House of 
 Representatives in January, 1818, an enabling act was 
 passed April 18th. The constitution was formed Au 
 gust 26th, and the State was admitted by joint resolu 
 tion December 3d, 1818. 
 
 ALABAMA, formed from a part of the territory ceded 
 to the United States by South Carolina and Georgia, 
 was admitted December 14M, 1819. The eastern part of 
 Mississippi Territory was made a separate territory, un 
 der the name of Alabama, by act of Congress, March 3d, 
 1817. Congress, having been memorialized, passed an 
 enabling act March 2d, 1819, and a constitution and 
 State government were formed August 2d, 1819. The 
 State was admitted by joint resolution December 14th, 
 1819. 
 
 MAINE was formed from a part of Massachusetts, and 
 became a State March 15th, 1820. A project was enter- 
 
300 THE NEW STATES. 
 
 tained as early as 1786 to erect a separate State from 
 that part of Massachusetts known as the district of 
 Maine, and a convention had once met at Portland to 
 consider it. It was, however, abandoned for the time. 
 On the nineteenth of June, 1819, the legislature of 
 Massachusetts gave their consent to the formation of 
 a new State, if the people of the district desired it, 
 and would consent to certain conditions. This having 
 been done, a convention formed a constitution, October 
 29th, which was ratified by the people December 6th. 
 A petition was then presented to Congress, and the 
 State admitted by an act passed March 3d, 1820, to 
 take effect March 15th, 1820. 
 
 This was the third State formed from a part of an 
 other. The others, Vermont and Kentucky, were ad 
 mitted, with two Representatives each; but Maine was 
 declared to be entitled to seven, Massachusetts having 
 thirteen Massachusetts had twenty before. The new 
 States which had previously been Territories had each 
 but one till the next census after their admission. 
 
 MISSOURI, formed from the Louisiana purchase, was 
 admitted Augmt 10^, 1821. As before stated, the act 
 of March 26th, 1804, divided the territory purchased 
 from France, known as the Louisiana purchase, into 
 two Territories. What is now the State of Missouri, 
 was a part of the northern territory which was called 
 the district of Louisiana. For about a year this was 
 under the Governor and Judges of Indiana Territory. 
 On the third of March, 1805, a separate government was 
 provided, and the name changed to that of Territory 
 of Louisiana. On the fourth of June, 1812, the name 
 was changed to that of Missouri Territory. March 2d, 
 1819, the southern- part was separated and erected into 
 a new Territory, called Arkansas Territory. Congress 
 having been memorialized to admit Missouri as a State 
 into the Union, an act was passed March 6th, 1820, 
 authorizing the formation of a constitution and State 
 
MISSOURI, ARKANSAS. 30l 
 
 government. In this enabling act it was provided 
 "That in all that territory ceded by France to the 
 United States, under the name of Louisiana, which 
 lies north of 36 30 north latitude, not included within 
 the limits of the State contemplated by this act, slavery 
 and involuntary servitude, otherwise than in the pun 
 ishment of crime, whereof the parties shall have been 
 duly convicted, shall be, and is hereby, forever pro 
 hibited." 
 
 On the nineteenth of July the people formed a con 
 stitution, which was laid before Congress November 16th. 
 March 2d, 1821, a resolution providing for the admission 
 of Missouri into the Union on a certain condition was 
 approved. The condition having been accepted June 
 26th, 1821, the President issued a proclamation, August 
 10th. 1821, declaring the admission complete. 
 
 ARKANSAS, formed out of part of the territory ceded 
 by France in 1803, was admitted June 15th, 1836. 
 
 The Territory of Arkansas was established March 2d, 
 1819, having been taken from the Territory of Missouri. 
 On the thirtieth of January, 1836, a constitution was 
 formed by a convention, and this was laid before Con 
 gress March 1st, with a memorial, asking admission 
 into the Union. An act to admit was approved June 
 15th, 1836. There was no enabling act passed by Con 
 gress in the case of Arkansas. All the States admitted 
 up to this time that had existed as Territories, except 
 Tennessee, were authorized by Congress to form consti 
 tutions and State governments. Tennessee claimed the 
 right of admission under the deed of cession from North 
 Carolina to the United States ; and Arkansas claimed a 
 like right, by virtue of the treaty of cession by France 
 to the United States of the Province of Louisiana. This 
 treaty provided that "The inhabitants of the ceded 
 territory shall be incorporated in the Union of the 
 United States and admitted as soon as possible, accord 
 ing to the principles of the Federal Constitution, to the 
 
302 THE NEW STATES. 
 
 enjoyment of all the rights, advantages, and immuni 
 ties of citizens of the United States." It has been held 
 by legal writers that the action of these Territories in 
 forming constitutions and State governments without 
 authority from Congress was irregular, and that Con 
 gress was not required to admit them at the time of 
 application. 
 
 MICHIGAN, formed from the North-west Territory, was 
 admitted January 26^, 1837. 
 
 The Territory of Indiana was divided into two, and 
 that of Michigan established January llth, 1805. The 
 legislative council, in accordance with a vote of the 
 people, having memorialized Congress for admission 
 into the Union, a bill was reported as an enabling act 
 for that purpose February, 1833; but, on account of the 
 dispute between Ohio and Michigan as to boundaries, 
 it was not passed. On the sixth of September, 1834, 
 the legislative council of the Territory provided for 
 taking the census, and, afterward, for forming a con 
 stitution. This constitution having been ratified by 
 the people October 5th, 1835, a State government was 
 organized. A copy of the constitution was then sent 
 to the President with a request for admission into the 
 Union. As the southern boundary which Michigan had 
 given in her constitution was south of the northern 
 boundary of Ohio, she could not of course be received 
 without a change. Strong opposition was made to re 
 ceiving her at all without an enabling act; but finally 
 an act of admission was passed, June 15th, 1836, admit 
 ting her on the condition that a convention of delegates, 
 elected by the people, should assent to the boundaries 
 prescribed by Congress. This was done December 15th, 
 1836, and the State w r as admitted by act of Congress, 
 approved January 26th, 1837. 
 
 FLORIDA was formed out of the territory ceded by 
 Spain to the United States by treaty of February 22d, 
 1819. It was admitted into the Union March 3d-, 1845. 
 
FLORIDA, TEXAS. 303 
 
 A territorial government was established, by act of Con 
 gress, March 30th, 1822. No enabling act was passed in 
 the case of Florida. The convention which framed her 
 constitution was called by the legislature of the Terri 
 tory. She based her right to admission on the treaty 
 with Spain, as Michigan had based hers on the ordi 
 nance of 1787, and Tennessee hers on the deed of ces 
 sion from North Carolina. She applied for admission in 
 February, 1839, presenting the proceedings of her con 
 vention, a constitution, etc., but she was not admitted 
 till March 3d, 1845, as stated above. 
 
 The next State admitted was TEXAS, which came in 
 by a joint resolution of Congress, approved December 
 29^/j, 1845. Texas, originally a part of Mexico, had 
 become an independent republic. She applied for ad 
 mission into the Union as a State, and a joint reso 
 lution for annexing Texas to the United States was 
 approved March 1st, 1845. This resolution authorized 
 the admission of Texas on certain conditions and guar 
 anties, requiring the action of the people of that republic ; 
 or the President of the United States might negotiate 
 with Texas, and it might be admitted by treaty. The 
 former method was adopted; and the required condi 
 tions and guaranties having been assented to, a joint 
 resolution for the admission of Texas into the Union on 
 an equal footing with the original States was approved 
 December 29th, 1845. One of the conditions was that 
 new States, not exceeding four in number, might sub 
 sequently, by the consent of the State, be formed out 
 of the territory and entitled to admission into the 
 Union. "And such States as may be formed out of 
 that portion of said territory lying south of 36 30 N., 
 commonly known as the Missouri Compromise line, 
 shall be admitted into the Union with or without 
 slavery, as the people of each State asking admission 
 may desire. And in such State or States as shall be 
 formed out of said territory north of said Missouri 
 
304 THE NEW STATES. 
 
 Compromise line, slavery or involuntary servitude (ex 
 cept for crimes) shall be prohibited." Two Represent 
 atives in Congress were allowed. 
 
 The case of Texas differs from all others in this, that 
 until it became a State its people were in no respect 
 subject to the government of the United States. 
 
 IOWA was the next of the new States admitted. Iowa 
 was admitted December 28th, 1846, and was formed from 
 a part of the Louisiana purchase. Confusion has arisen 
 as to the origin of this State, and some writers repre 
 sent it as having been formed from the original terri 
 tory of the United States. This confusion is owing to 
 the fact that the Territory of Iowa was formed from 
 that of Wisconsin, and this from that of Michigan; and 
 as Michigan and Wisconsin were both formed from the 
 North-west Territory, the inference was natural that 
 Iowa was also formed from that territory. 
 
 Prior to the purchase of Louisiana, in 1803, the United 
 States owned no territory west of the Mississippi. The 
 North-west Territory, organized by the ordinance of 1787, 
 embraced the territory north-west of the Ohio and east 
 of the Mississippi. This territory was divided in 1800, 
 and the western part was called the Territory of Indi 
 ana. In 1805 the Territory of Michigan was established, 
 and in 1809 that of Illinois. The Territory of Michi 
 gan, at that time, included the territory north of Ohio, 
 Indiana, and Illinois, and east of the Mississippi. But, 
 on the twenty-eighth of June, 1834, an act of Congress 
 attached to the Territory of Michigan all the territory 
 of the United States west of the Mississippi, and north 
 of the State of Missouri. This, of course, included what 
 is now Iowa. On the twentieth of April, 1836, the terri 
 torial government of Wisconsin was established. Iowa 
 thus became a part of the Territory of Wisconsin. This 
 Territory was divided, and the new Territory of Iowa 
 was established on the twelfth of June, 1838. 
 
 No enabling act was ever passed by Congress for 
 
IOWA, WISCONSIN. 305 
 
 Iowa. In February, 1841, a bill to that effect was re 
 ported to the House of Representatives, but it was not 
 passed. Three years after February 12th, 1844 the 
 President communicated to the Senate a memorial from 
 the legislative assembly for admission into the Union. 
 And on December 9th, of the same year a memorial of 
 a convention October 7th to November 1st with a 
 copy of a constitution, was received in the Senate. 
 
 On the third of March, 1845, an act for the admission 
 of Iowa was approved. This act required the assent of 
 the people of Iowa to be given, after which the Presi 
 dent might, by proclamation, announce the admission 
 without further action on the part of Congress. This 
 course, however, was not adopted. On the eighteenth 
 of May, 1846, another constitution was formed by a 
 convention of delegates elected for that purpose, copies 
 of which were presented to the Senate June 10th, and 
 to the House July 6th. On this second constitution, 
 which Congress approved as republican, the act of final 
 admission was passed, December 28th. 1846. Iowa was 
 allowed two Representatives. 
 
 WISCONSIN was admitted May 2$th, 1848. This State 
 was formed from the North-west Territory, making the 
 fifth State, and thus completing the number provided 
 for in the ordinance of 1787. The others, as we have 
 seen, are Ohio, Indiana, Illinois, and Michigan. 
 
 The Territory of Wisconsin was established April 
 20th, 1836, having been formed from that of Michigan. 
 On the twentieth of March, 1845, a resolution of the 
 legislative council of Wisconsin, asking that provis 
 ion be made for taking a census and holding a con 
 vention to form a State constitution, was presented in 
 the Senate. An enabling act was approved August 6th, 
 1846. A State constitution was formed December 16th, 
 1846, and in January it was presented in Congress. On 
 the third of March, 1847, an act for the admission of 
 Wisconsin was passed; the admission to be on the 
 
 C. G. 26. 
 
306 THE NEW STATES. 
 
 condition of the assent of the qualified voters to the 
 constitution. The President was to announce the as 
 sent by proclamation, and then the admission was to 
 be complete. 
 
 But, as in the case of Iowa, this plan was not carried 
 out. The constitution was rejected by the people in 
 1847, and another convention was held and another 
 constitution was adopted February 1st, 1848. This 
 was ratified by the people. The preamble of the act 
 of admission, approved May 29th, 1848, recognized this 
 constitution as republican, making it thus the basis 
 of admission. The boundaries of the State were the 
 same as prescribed in the enabling act of August 6th, 
 1846. This act gave the State two Representatives till 
 the next census, but the act of admission provided for 
 three from and after March 4th, 1849. 
 
 CALIFORNIA was admitted into the Union September 
 9?A, 1850. It was formed from a part of the territory 
 ceded to the United States by Mexico in the treaty 
 made at Guadalupe Hidalgo, February 2d, 1848. By 
 this treaty the United States obtained, besides Cali 
 fornia, what is now the State of Nevada, and the 
 Territories of Utah, New Mexico, and Arizona, and 
 portions of Colorado and Wyoming. California never 
 had a territorial government. Most of the New States 
 existed previously as Territories; four Maine, Ver 
 mont, Kentucky, and West Virginia were formed from 
 parts of other States; one Texas was an independ 
 ent republic, and was annexed to the United States 
 by joint resolution of Congress. California differed 
 from all the rest in her previous condition. Efforts 
 were made in Congress to pass acts to establish a 
 territorial government, but they all failed. 
 
 A convention was called by General Riley, the mili 
 tary governor, which, on the thirteenth of October, 1849, 
 formed a constitution. This was ratified by the people 
 on the thirteenth of November, and the State was 
 
MINNESOTA, OREGON. 307 
 
 admitted September 9th, 1850. Two Representatives 
 were allowed her. 
 
 MINNESOTA was admitted May llth, 1858. This State, 
 lying on both sides of the Mississippi River, was formed 
 in part from the Louisiana purchase and in part from 
 the North-west Territory. A territorial government was 
 established March 3d, 1849. On the twenty-sixth of 
 February, 1857, Congress authorized the people of the 
 Territory to form a constitution and State govern 
 ment, preparatory to their admission into the Union. 
 A convention was held accordingly, and a constitution 
 formed August 29th, which was ratified by the people 
 October 13th. 
 
 "The two political parties in the convention, Repub 
 licans and Democrats, disagreeing as to the organization 
 of the body, formed separate conventions, which ran 
 parallel courses, each claiming to be the only legitimate 
 convention. Two constitutions were reported, and it 
 seemed that the people were to be embarrassed by the 
 necessity of choosing between them, when, towards the 
 close of their respective sessions, a conference was had 
 between the two bodies, and a single constitution re 
 ported to and adopted by them both. It seems clear 
 that this mode of organizing has decided advantages. 
 A constitution acceptable to all political parties in a 
 State must be free from partisan legislation; must 
 contain, as it ought, only measures whose policy or 
 expediency had been thoroughly settled in the public 
 mind." (Jameson, p. 263.) 
 
 This constitution was approved by Congress, and the 
 State was admitted May llth, 1858, with two Repre 
 sentatives. 
 
 OREGON was admitted February 14th, 1859. Some 
 deem it a part of the Louisiana purchase, but that 
 province is believed to have embraced only the Missis 
 sippi valley. Others regard the Oregon country as hav 
 ing become ours by the discovery of the Columbia 
 
308 THE NEW STATES. 
 
 River. There was a conflict of claims in regard to it; 
 but in 1819 Spain relinquished to us her claim to all 
 north of the 42d parallel, and in 1846 Great Britain did 
 the same as to all south of the 49th parallel. There is 
 . thus a fourfold title : the right hy discovery, and by 
 cessions from France, Spain, and Great Britain. An 
 act of Congress passed August 14, 1848, established a 
 territorial government, over " that part of the territory 
 of the United States which lies west of the summit of 
 the Rocky Mountains, north of the 42d degree of north 
 latitude." The northern part was erected into the Ter 
 ritory of Washington March 2d, 1853. 
 
 A convention was called by the legislature of the 
 Territory to meet in August, 1857, and in September a 
 constitution was formed, which was submitted to the 
 people for ratification, and approved. No enabling act 
 had been passed by Congress in her case. She was de 
 clared entitled to one Representative. 
 
 KANSAS was admitted January 29^, 1861. It was 
 formed from a part of the Louisiana purchase. It was 
 organized as a Territory May 30th, j.v 54, by the act 
 known as the Kansas-Nebraska Act the two Terri 
 tories being established by the same act. This act 
 caused great excitement throughout the country. The 
 "Missouri Compromise" of 1820 provided that there 
 should be no more slave States north of the parallel of 
 36 30 . This had been re-affirmed in the joint resolu 
 tion of March 1st, 1845, for annexing Texas, and again 
 in the act defining the boundaries of Texas and estab 
 lishing the Territory of New Mexico, passed Septem 
 ber 9th, 1850. 
 
 Kansas and Nebraska were both north of the parallel 
 of 36 30 ; but the act by which they were organized 
 as Territories provided that when they should be ad 
 mitted as States into the Union they should be re 
 ceived, with or without slavery, as their constitutions 
 might prescribe at the time of their admission. The 
 
KANSAS, WEST VIRGINIA. 309 
 
 same act declared the Missouri Compromise inoperative 
 and void. 
 
 On the twenty-third of October, 1855, a convention 
 at Topeka formed a constitution. This was a sponta 
 neous movement on the part of those known as the 
 Free State party, not having been called either by the 
 Governor or the territorial legislature. The constitu 
 tion was submitted to the people and ratified by a large 
 majority of those who voted the other party not vot 
 ing. Under this constitution an election of State offi 
 cers was held January 15th, 1856, and a State govern 
 ment organized. President Pierce issued a proclamation 
 against this government in February, and on the fourth 
 of July the legislature was forcibly dispersed by an 
 officer of the United States army. 
 
 The territorial legislature also provided for a conven 
 tion, which assembled at Lecompton, September 5th, 
 1857, and framed the constitution known as the Lecomp 
 ton constitution. This established slavery. Applica 
 tion for admission into the Union was then made, but 
 the bill was not Biassed as introduced. A bill for condi 
 tional admission was passed May 4th, 1858, which re 
 quired that the constitution, with certain propositions 
 from Congress, should be submitted to the people. This 
 was done on the third of August of that year, when the 
 constitution was rejected by ten thousand majority. 
 
 Another convention was held at Wyandotte, and a 
 constitution was formed in July, 1859. This was sub 
 mitted to the people October 4th, and ratified by a ma 
 jority of four thousand. Under this constitution Kansas 
 was admitted into the Union, January 29th, 1861. She 
 was declared to be entitled to one Representative. 
 
 WEST VIRGINIA was admitted into the Union June 
 2(M, 1863. It was formed from a part of Virginia. 
 The circumstances of the formation of this new State 
 were peculiar. On the seventeenth of April, 1861, a 
 body of men, styling themselves the convention of Vir- 
 
310 THE NEW STATES. 
 
 ginia, passed an ordinance of secession from the United 
 States. Most of the State officers joined the rebels, 
 carrying with them the public funds and the archives 
 of the State. The territory was still a part of the na 
 tional domain, though most of it was in possession of 
 the rebels. The loyal people, whom alone the Constitu 
 tion or government of the United States could recognize 
 as the people of Virginia, were without a State govern 
 ment. In this exigency they took the reconstruction 
 of the State government into their own hands. They 
 called a convention, which met at Wheeling, June 13th, 
 1861, and passed an ordinance providing for the ap 
 pointment of a Governor and other State officers, and 
 requiring the general assembly to meet July 1st. This 
 convention also passed an ordinance to provide for the 
 formation of a new State out of a portion of the territory 
 of Virginia. The people within the prescribed bounda 
 ries were to vote on the question of a new State, and 
 polls were also opened for the election of delegates to a 
 convention to form a constitution. The vote having 
 been largely in favor of a new State, the convention 
 met at Wheeling, November 26th, and framed a con 
 stitution which was adopted by the people. 
 
 May 13th, 1862, the legislature of Virginia gave con 
 sent to the formation of a new State. December 31st, 
 Congress passed an act admitting West Virginia, pro 
 vided the people should ratify a proposed change in the 
 constitution. That being done, the President was to 
 issue a proclamation, and the admission was to be com 
 plete sixty days after the proclamation. The conven 
 tion adopted the change February 17th, 1863. The 
 vote of the people on the ratification of the amended 
 constitution was taken March 26th, 1863, being largely 
 .in favor. On the twentieth of April, the proclamation 
 was issued, and sixty days thereafter June 20M, 1863 
 West Virginia became one of the United States. She 
 was allowed three Representatives. 
 
NEVADA, NEBRASKA. 311 
 
 In this case there was the consent of three parties 
 the State from which the new State was formed, Con 
 gress, and the people of the district set off. If it were 
 doubted whether the body that met at Wheeling in 
 July, 1861, was the general assembly of Virginia, the 
 action of the United States Government in all its de 
 partments must be deemed conclusive. 
 
 NEVADA was admitted into the Union October 31s, 
 1804, by the proclamation of the President. It was 
 formed from a part of the territory obtained from 
 Mexico by the treaty of February 2d, 1848. It was 
 organized as a Territory March 2d, 1861. In 1863 a 
 constitution was formed and submitted to the people, 
 but rejected. On the twenty-first of March, 1864, an 
 enabling act was passed by Congress, which provided 
 for the holding of a convention on the first Monday 
 of July. If a constitution should be framed, it was to 
 be submitted to the people on the second Tuesday of 
 October. The President of the United States, on being 
 certified that such constitution had been ratified by 
 the people, was to issue his proclamation, admitting it 
 without further act of Congress. This was done October 
 31st, 1864. It was to have one Representative. 
 
 NEBRASKA was admitted March 1st, 1867. This is a 
 part of the Louisiana purchase. It was organized as a 
 Territory May ^Oth, 1854. An enabling act was passed 
 for it April 19th, 1864. In January, 1867, Congress 
 passed an act approving its constitution, and admitting 
 it on condition that there should be no denial of the 
 elective franchise or of other rights because of race or 
 color. The act, though vetoed by President Johnson, 
 became a law. The conditions were fulfilled, and it be 
 came a State by proclamation of the President March 
 1st, 1867. It had one Representative. 
 
 COLORADO became a State August ls, 1876. A part of 
 it came from Louisiana and a part from the territory 
 acquired from Mexico. It was organized as a Territory 
 
312 THE NEW STATES. 
 
 February 28th, 1861. A bill to admit it as a State was 
 passed in January, 1867, but was vetoed by the Presi 
 dent. An enabling act was passed March 3d, 1875, and 
 a Constitution was formed. This was ratified by the 
 people in July, 1876, and the President was duly certi 
 fied thereof. It then, by the terms of the enabling act, 
 became his duty to declare the State admitted into the 
 Union "without any farther action whatever on the 
 part of Congress." It came in with one Representative. 
 
 The thirty-eight States may be arranged, with regard 
 to their origin, as follows: Original States, thirteen 
 New Hampshire, Massachusetts, Connecticut, Rhode 
 Island, New York, New Jersey, Pennsylvania, Delaware, 
 Maryland, Virginia, North Carolina. South Carolina, 
 Georgia. States formed from territory originally be 
 longing to the States, twelve Vermont, Maine, Ken 
 tucky, Tennessee, Mississippi, Alabama, Ohio, Indiana, 
 Illinois, Michigan, Wisconsin, West Virginia. States 
 formed from territory purchased by the United States, 
 eight Florida, Louisiana, Arkansas, Missouri. Kansas, 
 Nebraska, Iowa, Minnesota. States from conquered ter 
 ritory, toco California, Nevada; from discovery and ces 
 sion, one Oregon; of mixed origin, one Colorado; ex 
 isting before as an independent republic, one Texas. 
 
 Arranged according to the mode of admission, the new 
 States would be grouped as follows : Four were formed 
 from other States Vermont, Maine, Kentucky, West 
 Virginia. One had no previous territorial government 
 California. One was annexed Texas. The remain 
 ing nineteen had been organized as Territories prior to 
 their admission as States. 
 
 There are eight organized Territories. Washington 
 and Idaho are a part of the Oregon territory. Dakota 
 belonged to the province of Louisiana. Arizona, New 
 Mexico, and Utah are part of the territory acquired 
 from Mexico in 1848 and 1853. Montana is chiefly 
 from Louisiana, that part west of the Rocky Mountains 
 
THE TERRITORIES. 313 
 
 being originally a part of Oregon. Wyoming has its 
 larger part from Louisiana, with smaller portions from 
 Oregon and Mexico. 
 
 The Executive power of a Territory is vested in a 
 Governor; the Legislative, in the Governor and Legis 
 lative Assembly; and the Judicial, in a Supreme Court, 
 District Courts, Probate Courts, and Justices of the 
 Peace. The Governor, Secretary, Chief Justice and two 
 Associate Justices, Attorney, and Marshal, are appointed 
 by the President, with the advice and consent of the 
 Senate, for four years, unless sooner removed by the 
 President, with the consent of the Senate. The Legis 
 lative Assembly consists of a Council and House of 
 Representatives. These are elected by the people 
 the former for two years, the latter for one year. The 
 Governor has the power to veto bills, modified as in 
 the case of the President. 
 
 The ofncers of the Territories are paid from the 
 treasury of the United States. The Governor receives 
 $2600 a year; the Secretary, $1800; the Judges of the 
 Supreme Court, who also hold the District Courts, $2600 
 each; the Attorney and Marshal are paid by fees; the 
 members of the Assembly, $6.00 a day for forty days, and 
 $3.00 for each twenty miles of travel ; the President of the 
 Council and the Speaker of the House. $10.00 a day. 
 
 In addition to the States and Territories mentioned 
 above, the United States includes the unorganized 
 Territory of Alaska, purchased from Russia in 1867, 
 containing 577,390 square miles; and the Indian coun 
 try lying west of Arkansas, which, with some ten thou 
 sand square miles of unorganized territory adjoining 
 it on the west, contains 68,991 square miles. 
 
 According to the Ninth Census Report, the number 
 of square miles in the whole area of the United States 
 is 3,603,884. Of this the thirty- eight States contain 
 2,088,967 and the Territories (including Alaska and 
 the Indian country), 1,513,917. 
 C. G. 27. 
 
CHAPTER VII. 
 
 PRACTICAL OPERATION OF THE CONSTITUTION. 
 
 In this chapter will be given some account of the 
 workings of the government under the Constitution. 
 The more important offices- in the different depart 
 ments will be mentioned, with the duties, compensa 
 tion, mode of appointment, etc. 
 
 THE LEGISLATIVE DEPARTMENT. 
 
 The Constitution provides, as has been seen, for a 
 Congress, composed of a Senate and House of Repre 
 sentatives. The Senators are elected by the State legis 
 latures, and hold their office for six years; the Repre 
 sentatives are elected by the people of their several 
 districts, for the term of two years. The members of 
 the two Houses receive the same compensation, $5000 
 a year, with mileage at the rate of "twenty cents a 
 mile, to be estimated by the nearest route usually trav 
 eled in going to and returning from each regular ses 
 sion." 
 
 THE SENATE. 
 
 The Vice-President of the United States is the Presi 
 dent of the Senate. He gives the casting vote when 
 the Senate is equally divided, and signs all bills and 
 resolutions that are passed by the Senate. His salary 
 was originally $5000. In 1853 it was raised to $8000, 
 in 1873 to $10,000, and in 1874 reduced to 
 
 The following is the list of Vice-Presidents : 
 
 John Adams, 1789 to 1797. 
 
 Thomas Jefferson, 1797 to 1801. 
 
 (314) 
 
THE SENATE. 315 
 
 Aaron Burr, 1801 to 1805. 
 
 George Clinton, 1805 to 1812. 1 
 
 Elbridge Gerry, 1813 to 1817. 
 
 Daniel D. Tompkins, 1817 to 1825. 
 
 John C. Calhoun, 1825 to 1832. 2 
 
 Martin Van Buren, 1833 to 1837. 
 
 Richard M. Johnson, 1837 to 1841. 
 
 John Tyler, 1841 to 1841. 3 
 
 George M. Dallas, 1845 to 1849. 
 
 Millard Fillmore, 1849 to 1850. 4 
 
 William R. King, 1853 to 1853. 5 
 
 John C. Breckenridge, 1857 to 1861. 
 
 Hannibal Hamlin, 1861 to 1865. 
 
 Andrew Johnson, 1865 to 1865. 6 
 
 Schuyler Colfax, 1869 to 1873. 
 
 Henry Wilson, 1873 to 1875. 7 
 
 William A. Wheeler, 1877 to . 
 
 There is no provision in the Constitution or by statute 
 for filling a vacancy in the office of Vice-President. 
 From March 4th, 1853, to March 4th, 1857, there was 
 no Vice-President, Mr. W. R. King having died before 
 taking the oath of office. When the Vice-President be 
 comes President, the Senate choose a President pro tern- 
 pore^ but this does not constitute him Vice-President. 
 
 The Secretary of the Senate receives $4896; the Sergeant- 
 atrarms, $4320; the Chaplain, $900. 
 
 THE HOUSE OF REPRESENTATIVES. 
 
 The presiding officer, called the Speaker, is chosen 
 by the House. The term had its origin when legisla 
 tive bodies were addressed by the chief executive, and 
 
 1 Died April 20th, 1812. 2 Eesigncd December 28th, 1832. 
 
 3 Became President April 6th, 1841, on the death of Pres. Harrison. 
 
 4 Became President July 9th, 1850, on the death of President Taylor. 
 5 Never took the oatli of office. Died April 18th, 1853. 
 
 6 Became President April 15th, 1865, on the death of Pres. Lincoln. 
 
 7 Died November 23d, 1875. 
 
316 
 
 THE LEGISLATIVE DEPARTMENT. 
 
 their presiding officer was expected to respond. As he 
 spoke for the body he was called the Speaker. He signs 
 all bills and joint resolutions passed by the House, and, 
 under the rules of the House, appoints its committees. 
 If both the President and Vice-President are incapaci 
 tated to perform the duties of President, and there is 
 no President pro tempore of the Senate, the Speaker of 
 the House acts as President. He is required to vote in 
 case of ballot, and he may vote on other occasions. His 
 salary is $8,000. The Speakers have been : 
 
 F. A. Muhlenberg, Penn. 
 Jonathan Trumbull, Conn. 
 F. A. Muhlenberg, Penn. 
 Jonathan Dayton, N. J. 
 Jonathan Dayton, 
 Theodore Sedgwick, Mass. 
 Nathaniel Macon, N. C. 
 Nathaniel Macon, 
 Nathaniel Macon, 
 Joseph B. Varnum, Mass. 
 Joseph B. Varnum, 
 Henry Clay, Ky. 
 
 ( Henry Clay, 
 1 Langdon Cheves, S. C. 
 
 Henry Clay, Ky. 
 
 Henry Clay, 
 f Henry Clay, 
 (John W. Taylor, N. Y. 
 
 P. P. Barbour, Va. 
 
 Henry Clay, Ky. 
 
 John W. Taylor, N. Y. 
 
 Andrew Stevenson, Va. 
 
 Andrew Stevenson, 
 
 Andrew Stevenson, 
 ( Andrew Stevenson, 
 (John Bell, Tenn. 
 
 1st 
 
 Congress, 
 
 2d 
 
 u 
 
 3d 
 
 it 
 
 4th 
 
 li 
 
 5th 
 
 u 
 
 6th 
 
 u 
 
 7th 
 
 it 
 
 8th 
 
 il 
 
 9th 
 
 It 
 
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 It 
 
 llth 
 
 11 
 
 12th 
 
 u 
 
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 u 
 
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 u 
 
 15th 
 
 It 
 
 16th 
 
 u 
 
 17th 
 
 u 
 
 18th 
 
 it 
 
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 ti 
 
 20th 
 
 it 
 
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 ti 
 
 22d 
 
 It 
 
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THE HOUSE OF REPRESENTATIVES. 
 
 317 
 
 24th Congress, James K. Polk, 
 
 25th 
 
 26th 
 
 27th 
 
 28th 
 
 29th 
 
 30th 
 
 31st 
 
 32d 
 
 33d 
 
 34th 
 
 35th 
 
 36th 
 
 37th 
 
 38th 
 
 39th 
 
 40th 
 
 41st 
 
 42d 
 
 43d 
 
 James K. Polk, 
 R. M. T. Hunter, 
 John White, 
 John W. Jones, 
 John W. Davis, 
 
 Tenn. 
 
 a 
 
 Va. 
 Ky. 
 Va. 
 Tnd. 
 
 Robert C. Winthrop, Mass. 
 
 Howell Cobh, Ga. 
 
 " Linn Boyd, Ky. 
 " Linn Boyd, 
 
 Nathaniel P. Banks, Mass. 
 
 James L. Orr. S. C. 
 
 Wm. Pennington, N. J. 
 
 " Galusha A. Grow, Penn. 
 
 Schuyler Colfax, Ind. 
 u Schuyler Colfax, 
 
 Schuyler Colfax, 
 
 James G. Blaine, Maine. 
 " James G. Blaine, 
 
 James G. Blaine, 
 
 ;c j Michael C. Kerr, Ind. 
 
 1 Samuel J. Randall, Penn. 
 
 :< Samuel J. Randall, " 
 
 The Clerk receives $4500, the Sergeant-at-arms $4000, 
 the Doorkeeper $2500, the Chaplain $900. 
 
 PRACTICAL LEGISLATION. 
 
 In each House there are Standing Committees, to 
 whom are referred the various matters of business for 
 examination and "report. It has been usual for the 
 Speaker to appoint the House Committees, while in the 
 Senate they are chosen by ballot. 
 
 In the Forty-fourth Congress the Senate had twenty- 
 eight Standing Committees, besides a number of Select 
 Committees and Joint Committees. The House had 
 forty-three Standing Committees. The principal Com 
 mittees are those on Ways and Means, Appropriations, 
 
 44th 
 45th 
 
318 THE LEGISLATIVE DEPARTMENT. 
 
 Judiciary, Foreign Relations, Elections, Banking and 
 Currency, Commerce, Post-office, Claims, Pacific Rail 
 road, Indian Affairs, Public Lands, District of Columbia, 
 Public Expenditures, Naval Affairs, Territories, Military 
 Affairs, Mines and Mining, Freedmen s Affairs, Educa 
 tion and Labor, Revision of the Laws, Patents, Coin 
 age etc., Manufactures, Agriculture, Pensions, Public 
 Buildings. 
 
 In the Senate, a Standing Committee usually consists 
 of nine members, and in the House, of eleven. As "all 
 bills for. raising Revenue" must originate in the House, 
 the Senate has no Committee of Ways and Means. This 
 Committee is regarded as the most important, and the 
 place of Chairman is held to be next to that of Speaker 
 in honor. 1 
 
 The House often resolves itself into a Committee of 
 the Whole, when the Speaker leaves the chair and a 
 chairman is appointed. This gives opportunity for free 
 discussion without the restraint of the strict rules of 
 the House. When this committee closes its session, in 
 technical terms rises, the Speaker resumes the chair, and 
 the chairman of the committee reports its proceedings. 
 
 A bill introduced into either House is supposed to be 
 read three times, and at each reading to be formally 
 acted upon by the House. But usually, if no objection 
 is made, the bill is read twice by its title, referred to 
 the appropriate committee, and ordered to be printed. 
 When a bill has been reported from the committee, it 
 is ordered to be engrossed and read a third time, when 
 the vote is taken upon its passage. After having 
 passed both Houses it is enrolled on parchment, and 
 carefully examined by the committee on enrolled bills, 
 who make their report, when the bill is signed by the 
 
 1 There are three Joint Committees: on Public Printing, on En 
 rolled Bills, and on the Library. These consist of three members 
 from each House. 
 
THE EXECUTIVE DEPARTMENT. 319 
 
 Speaker of the House and the President of the Senate, 
 and sent to the President of the United States for his 
 signature. 
 
 When a bill has been passed over the veto of the 
 President by the requisite majority in each House, cer 
 tificates to that effect, signed by the Clerk of the House 
 of Representatives and the Secretary of the Senate, are 
 appended to the bill, in addition to the official signa 
 tures of the Speaker of the House and the President of 
 the Senate. 
 
 If a bill has been presented to the President for his 
 approval, and not returned by him within the time 
 prescribed by the Constitution, a note to that effect is 
 appended by the Department of State. 
 
 THE EXECUTIVE DEPARTMENT. 
 
 The executive power is vested in a single officer, styled 
 the President of the United States. We have seen that 
 he must be thirty-five years of age, a native-born citi 
 zen, and a resident for fourteen years in the United 
 States. He is elected for a period of four years by elec 
 tors chosen by the people in the several States. His 
 term commences on the fourth of March. The salary, 
 which can not be increased or diminished during the 
 period for which he shall have been elected, was $25,000 
 a year till the fourth of March, 1873, when Congress 
 raised it to $50,000. 
 
 The President may be re-elected ; and of the fifteen 
 who have been elected to the office, seven have been 
 elected for a second term. 
 
 The following is a list of the Presidents : 
 
 George Washington, of Virginia, was unanimously 
 elected tlie first President. Though the term properly be 
 gan on the fourth of March, he was not sworn into office 
 until the thirtieth of April. He was re-elected unan 
 imously, and thus held the office till March 4tb., 1797. 
 
 John Adams, of Massachusetts, was elected by a small 
 
320 THE EXECUTIVE DEPARTMENT. 
 
 majority over Thomas Jefferson ; his term expired March 
 4th, 1801. 
 
 Thomas Jefferson, of Virginia, was elected by the 
 House of Representatives. John Adams was the oppos 
 ing candidate before the people, but in the House the 
 friends of Mr. Adams voted for Aaron Burr. Mr. Jef 
 ferson was elected on the thirty-sixth ballot, and Mr. 
 Burr became Vice-President. Mr. Jefferson was elected 
 for a second term, his competitor being Charles C. 
 Pinckney, of South Carolina. Mr. Jefferson was Presi 
 dent from 1801-1809. 
 
 James Madison, of Virginia, was elected over Mr. C. 
 C. Pinckney in 1808, and again, in 1812, over De Witt 
 Clinton, of New York ; his term ending March 4th, 1817. 
 
 James Monroe, also of Virginia, was elected, in 1816, 
 over Rufus King, of New York, and re-elected, in 1820, 
 almost unanimously. 
 
 John Quincy Adams, of Massachusetts, was elected 
 by the House of Representatives in February, 1825. 
 The electoral votes were given to Andrew Jackson, J. 
 Q. Adams, W. H. Crawford, and Henry Clay. The 
 House, from the three highest candidates, chose Mr. 
 Adams, who received the votes of thirteen States, seven 
 voting for Mr. Jackson, and four for Mr. Crawford. Mr. 
 Adams served the full term from March, 1825, to March, 
 1829. 
 
 Andrew Jackson, of Tennessee, was elected, in 1828, 
 over Mr. Adams, and again, in 1832, over Henry Clay, 
 of Kentucky; holding the office for eight years, to 
 March 4th, 1837. 
 
 Martin Van Buren, of New York, was the successful 
 candidate, in 1836, over Wm. H. Harrison, of Ohio. His 
 term ended March 4th, 1841. 
 
 William H. Harrison was elected, in 1840, over Mr. 
 Van Buren. He entered upon his duties March 4th, 
 1841, and died April 4th of the same year. John Tyler, 
 of Virginia, the Vice-President, thus became President. 
 
THE PRESIDENTS. 321 
 
 He took the oath of office April 6th, and served the re 
 mainder of the term, to March 4th, 1845. 
 
 James K. Polk, of Tennessee, was elected, in 1844, over 
 Henry Clay, and served four years, to March 4th, 1849. 
 
 Zachary Taylor, of Louisiana, was elected over Lewis 
 Cass, of Michigan, in 1848. He entered upon his duties 
 March 4th, 1849, and died July 9th, 1850. Millard Fill- 
 more, of New York, the Vice-President, took the oath 
 of office July 10th, and served till March 4th, 1853. 
 
 Franklin Pierce, of New Hampshire, was elected, in 
 1852, over Winneld Scott, and held the office one term, 
 from March, 1853, to March, 1857. 
 
 James Buchanan, of Penns} T lvania, was elected, in 
 1856, over John C. Fremont and Millard Fillmore. He 
 served one term, to March, 1861. 
 
 Abraham Lincoln, of Illinois, was elected, in 1860, 
 over John Bell, John C. Breckenridge, and Stephen A. 
 Douglas. In 1864 he was re-elected over George B. 
 McClellan, and died April 14th, 1865. Andrew Johnson, 
 of Tennessee, the Vice-President, was sworn in as Pres 
 ident April 15th, and served the remainder cf the 
 term. 
 
 Ulysses S. Grant, of Illinois, was elected, in 1868, over 
 Horatio Seymour, of New York, and re-elected in 1872. 
 His competitor in 1872, Horace Greeley, of New York, 
 died November 29th. President Grant s second term 
 expired March 4th, 1877. 
 
 Rutherford B. Hayes, of Ohio, was elected, in 1876, 
 over Samuel J. Tilden. The vote stood 185 and 184. 
 
 THE DEPARTMENTS. 
 
 The Constitution contemplates "heads of depart 
 ments." The departments are not defined in the Consti 
 tution, but have been established by law. There are now 
 seven of these, viz.: The Departments of State, of the 
 Treasury, of War, of the Navy, of the Post-office, of the 
 Interior, of Justice. The heads of the departments are 
 
322 THE EXECUTIVE DEPARTMENT. 
 
 known collectively as " The Cabinet," and with two ex 
 ceptions are called Secretaries. The head of the Post- 
 office Department is called the Postmaster-General, 
 and the head of the Department of Justice is the Attor 
 ney-General. 
 
 Some of the departments are subdivided into subordi 
 nate departments, known as Bureaus. Thus, in the De 
 partment of the Interior, the Patent Office is a Bureau, 
 and the Pension Office, and the Census Office. In the 
 War Department there is the Bureau of Military Jus 
 tice, the Bureau of Engineers, etc. 
 
 The salaries of the heads of departments were not 
 equal at first. The Secretary of State and the Secre 
 tary of the Treasury had $3500 each ; the Secretary of 
 War, $3000; the Postmaster-General, $2000; and the 
 Attorney-General, 1500. 
 
 In 1819 the salary of each of the Secretaries of the 
 Departments of State, the Treasury, War, and the Navy, 
 was made 6000; that of the Postmaster-General being 
 4000, and that of the Attorney-General $3500. In 
 1853 all were made equal, 8000 each ; in 1873, $10,000; 
 in 1874, 8000 again. All the heads of departments are 
 appointed by the President, with the advice and consent 
 of the Senate. 
 
 THE DEPARTMENT OF STATE. 
 
 Prior to the adoption of the Constitution Congress 
 had established the Department of Foreign Affairs, to 
 be under the direction of an officer styled "Secretary 
 for the Department of Foreign Affairs." In July, 1789, 
 an Executive Department was established under the 
 same designation, which in September was changed to 
 that of the Department of State. 
 
 The office of Secretary of State is usually regarded as 
 next in importance to that of the President. The du 
 ties of the office are not very clearly defined by law, but 
 are largely such as come from the instructions of the 
 
DEPARTMENT OF STATE. 323 
 
 President. The Secretary is to " perform and execute 
 such duties as shall from time to time be enjoined on 
 or intrusted to him by the President, agreeably to the 
 Constitution, relative to correspondences, commissions, 
 or instructions to or with public ministers or consuls 
 from the United States." 
 
 He preserves the original of all treaties, public docu 
 ments, laws, and correspondence with foreign powers. 
 He keeps the seal of the United States, and affixes it to 
 all commissions which are signed by the President. He 
 authenticates all proclamations of the President. He 
 furnishes copies of records and papers in his office, au 
 thenticated under the seal of the department. 
 
 He has charge of foreign relations, and conducts the 
 correspondence with foreign ministers, and with our 
 ministers arid consuls. He is the organ of communica 
 tion of the President with the governors and other of 
 ficers of Territories. 
 
 He issues passports to citizens wishing to visit foreign 
 countries. He issues warrants for the extradition of 
 criminals who are to be delivered up to foreign govern 
 ments in accordance with treaty stipulations. He pre 
 sents to the President all foreign ministers. 
 
 The salary of the Secretary of State is now $8,000 a 
 year. In 1789, it was established at $3500. In 1799, it 
 was made $5000; in 1819, 66000; in 1853, $8000; in 
 1873, $10,000; and in 1874, $8000. 
 
 The following persons have held the office of Secre 
 tary of State : 
 
 Thomas Jefferson, Va., appointed Sept. 26, 1789. 
 
 Edmund Randolph, Va., " Jan. 2, 1794. 
 
 Timothy Pickering, Mass., " Dec. 10, 1795. 
 
 John Marshall, Va., " May 13, 1800. 
 
 James Madison, Va., " March 5, 1801. 
 
 Robert Smith, Md., " March 6, 1809. 
 
 James Monroe, Va., " April 2, 1811. 
 
324 
 
 THE EXECUTIVE DEPARTMENT. 
 
 John Q. Adams, Mass., 
 
 Henry Clay, Ky., 
 
 Martin Van Buren, N. Y., 
 
 Edward Livingston, La., 
 
 Louis McLane, Del., 
 
 John Forsyth, Ga., 
 
 Daniel Webster, Mass., 
 Hugh S. Legare, acUn. S. C., 
 
 Abel P. Upshur, Va., 
 
 John C. Calhoun, S. C. 
 
 James Buchanan, Penn., 
 
 John M. Clayton, Del., 
 
 Daniel Webster, Mass., 
 
 Edward Everett, Mass., 
 
 William L. Marcy, N. Y. 
 
 Lewis Cass, Mich., 
 
 Jeremiah S. Black, Penn., 
 
 William H. Seward, N. Y., 
 
 Elihu B. Washburne, 111., 
 
 Hamilton Fish, N. Y., 
 
 William M. Evarts, N. Y., 
 
 appointed March 5, 1817. 
 " March 8, 1825. 
 
 March 6, 1829. 
 
 May 24, 1831. 
 
 May 29, 1833. 
 
 June 27, 1834. 
 " March 5, 1841. 
 
 May 9, 1843. 
 
 July 24, 1843. 
 " March 6, 1844. 
 
 March 5, 1845. 
 
 March 7, 1849. 
 
 July 20, 1850. 
 " Nov. 6, 1852. 
 , " March 7, 1853. 
 " March 6, 1857. 
 " Dec. 17j 1860. 
 " March 5, 1861. 
 
 March 5, 1869. 
 " March 16, 1869. 
 
 March 10, 1877. 
 
 It will be seen that six of these afterwards were 
 elected to the presidency, viz.: Jefferson, Madison, 
 Monroe, J. Q. Adams, Van Buren, and Buchanan. 
 Three, Madison, Monroe, and Adams, passed from the 
 office of Secretary of State to that of President. 
 
 In 1853 an Assistant Secretary was authorized; in 
 1866, a second; and in 1874, a third. Each receives a 
 salary of $3500. 
 
 AMBASSADORS AND OTHER PUBLIC MINISTERS. 
 
 All persons who are sent abroad to represent our gov 
 ernment are connected with the Department of State. 
 These representatives are of different grades, though it 
 is not easy to draw the lines that distinguish them. 
 The Constitution speaks of " Ambassadors." and the 
 
DEPARTMENT OF STATE. 325 
 
 act of August 18th, 1856, states the compensation which 
 ministers of this class shall receive. Mr. Gillet says: 
 " The federal government has never sent an ambassador 
 to any foreign government, and, it is said, has never 
 received a foreign representative who was strictly such. 
 France, Russia, Great Britain, Austria, and Spain are 
 the only modern governments who have sent ambas 
 sadors to other governments. Prussia has never done 
 
 so." 1 
 
 The act of 1856, referred to above, provides for the 
 compensation of the different classes of ministers ; Am 
 bassadors and Envoys Extraordinary and Ministers 
 Plenipotentiary are entitled to receive the full com 
 pensation named; Ministers Resident and Commission 
 ers, seventy-five per centum ; Charges d Affaires, fifty 
 per centum ; and Secretaries of Legation, fifteen per 
 centum. Judging from the salaries paid, the Envoy 
 Extraordinary and Minister Plenipotentiary is of equal 
 rank with the Ambassador; and this is the formal 
 designation given by our government to the highest 
 class of foreign ministers. 
 
 Envoys Extraordinary and Ministers Plenipotentiary are 
 sent to thirteen governments. Four of these receive 
 $17,500 a year, viz : those to France, the German Em 
 pire, Russia, and Great Britain; seven receive $12,000, 
 viz: those to Austria, Brazil, China, Italy, Mexico, 
 Japan, and Spain; two $10,000, viz: those to Chili 
 and Peru. 2 Hon. John Welsh is the present Minister 
 to Great Britain, Hon. Edward F. Noyes to France, and 
 Hon. Bayard Taylor to the German Empire. 
 
 Ministers Resident are sent to the Argentine Republic, 
 Belgium, Hawaiian Islands, Netherlands, Sweden and 
 Norway, Turkey, and Venezuela. These receive each 
 
 1 The Federal Government, p. 172, 
 
 2 Prior to 1856, a Minister Plenipotentiary received $9000 per an 
 num salary, and $9000 outfit. 
 
326 THE EXECUTIVE DEPARTMENT. 
 
 $7500 a year. One Minister Resident, with a salary of 
 $10,000, is accredited to Guatemala, Costa Rica, Hon 
 duras, Salvador, and Nicaragua. A Minister Resident 
 and Consul-General to Hayti receives $7500, and one to 
 Liberia, $4000. 
 
 Ministers Resident are inferior in rank to Envoys 
 Extraordinary and Ministers Plenipotentiary. Their 
 duties, however, are the same. The difference is prin 
 cipally in the relative importance of the governments 
 to which they are sent. 
 
 The term Commissioner has sometimes been applied 
 by our government to diplomatic representatives. Com 
 missioners were formerly sent to China, Mexico, and other 
 places. At present no regular diplomatic officer is styled 
 a Commissioner. The title is often applied to those sent 
 on special service, as in the case of the Commissioners 
 who helped to frame the Treaty of Washington. 
 
 Charges d Affaires are sent to Denmark, Greece, Swit 
 zerland, Portugal, and Paraguay and Uruguay, with sal 
 aries of 65000 each. The Charge d Affaires ranks below 
 the Minister Resident and Commissioner. The term 
 would imply a kind of minister ad interim, rather than 
 a permanent officer. Formerly, however, a majority of 
 our diplomatic representatives were styled Charges 
 d 1 Affaires. Thus in 1849 there were eight Ministers 
 Plenipotentiary, one Minister Resident (to Turkey), 
 and sixteen Charges d Affaires. At present, as we have 
 seen, our government is represented in other countries 
 by thirteen Ministers Plenipotentiary, ten Ministers 
 Resident, and five Charges d Affaires. 
 
 The Secretary of Legation is the secretary, or clerk, to 
 a foreign embassy. A Secretary of Legation is usually 
 sent to every government to which is accredited a 
 Minister Plenipotentiary. At Paris, London, and Ber 
 lin there are Assistant Secretaries. The Ministers to 
 Chili and Japan have no Secretaries, while there is a 
 Secretary at Constantinople, although the United States 
 
DEPARTMENT OF STATE. 327 
 
 are represented there by a Minister Resident. Some 
 times through the death or removal of the Minister, his 
 duties are devolved on the Secretary of Legation; in 
 which case he receives the salary of a Charge. 
 
 Consuls are commercial rather than diplomatic agents. 
 Their principal duty is to watch over the interests of 
 our commerce in the ports of the different countries, and 
 to protect the rights of seamen. In execution of this 
 general duty, they hold the ship s papers of all Ameri 
 can vessels while in port; provide for the return home 
 of those who are destitute : they hear complaints of sea 
 men; they reclaim deserters; they appoint examiners 
 for vessels reported unseaworthy; they cause mutinous 
 sailors to be arrested and sent home for trial; they re 
 quire three months extra wages to be paid to seamen 
 when discharged through the sale of the vessel, one- 
 third to be retained as a fund with which to send Ameri 
 can sailors home, or provide for those who are destitute; 
 they take possession of the personal property of Ameri 
 can citizens dying abroad ; they take measures for the 
 saving of stranded vessels and their cargoes, etc., etc. 
 
 In 1871 the United States had thirteen Consuls-Gen 
 eral two of whom were also Ministers Resident, those 
 to Hayti and Liberia two hundred and sixty-six 
 Consuls, and thirty-five Commercial Agents. Until the 
 year 1855 these officers were compensated by fees. In 
 March of that year the diplomatic and consular systems 
 were remodeled, and salaries are now paid in all the 
 more important ports. Fees are collected, but they are 
 accounted for to the government. Consuls receive from 
 $1000 to $6000 per annum. Most Consuls who are paid 
 by fees, or who receive small salaries, are at liberty to 
 transact business for themselves; others are prohibited 
 from so (loin 2. 
 
 The title Consul- General was not used till 1855. Such 
 officers are now sent to British India, Canada, China, 
 Cuba, Egypt, France, the German Empire, Great Britain, 
 
328 THE EXECUTIVE DEPARTMENT. 
 
 Hayti, Italy, Liberia, Mexico, and Turkey. Their sala 
 ries range from $2000 to $6000. 
 
 THE TREASURY DEPARTMENT. 
 
 This department was established in 1789. Its head 
 is the Secretary of the Treasury. The original act pro 
 vided also for a Comptroller, an Auditor, a Treasurer, 
 a Register, and an Assistant to the Secretary. 
 
 It is the duty of the Secretary to digest and prepare 
 plans for the improvement and management of the rev 
 enue, and for the support of public credit ; to superin 
 tend the collection of the revenue; to decide on the 
 forms of keeping accounts and making returns; to grant, 
 under certain limitations, all warrants for money to be 
 issued from the treasury in pursuance of appropriations 
 by law ; and, generally, to perform all such services rel 
 ative to the finances as shall be required. 
 
 The power and influence of this department have in 
 creased with the growth of the country in wealth and 
 population, and it has been still more enhanced by the 
 great increase of the national debt, the establishment 
 of the system of internal revenue, the issue of a legal 
 tender paper currency, and the establishment of the 
 national banking system. 
 
 The salary of the Secretary of the Treasury has been 
 the same as that of the Secretary of State : in 1789, 
 $3500; in 1799, $5000; in 1819, $6000; in 1853, $8000; 
 in 1873. $10,000; in 1874, $8000. 
 
 The following is a list of Secretaries, with the date 
 of their appointment : 
 
 Alexander Hamilton, N. Y., appointed Sept. 11, 1789. 
 
 Oliver Wolcott, Conn., " Feb. 3, 1795. 
 
 Samuel Dexter, Mass., " Dec. 31, 1800. 
 
 Albert Gallatin, Penn., " Jan. 26, 1802. 
 
 George W. Campbell, Tenn., " Feb. 9, 1814. 
 
 Alexander J. Dallas, Penn., " Oct. 6, 1814. 
 
 William H. Crawford, Ga. T " March 5, 1817. 
 
SECRETARIES OF THE TREASURY. 
 
 329 
 
 Richard Rush, Perm., 
 
 Samuel D. Ingham, Perm., 
 
 Louis McLane, Del., 
 
 William J. Duane, Perm., 
 
 Roger B. Taney, 1 Md., 
 
 Levi Woodbury, N. H., 
 
 Thomas Ewing, Ohio, 
 
 Walter Forward, Perm., 
 
 John C. Spencer, N. Y., 
 
 George M. Bibb, Ky., 
 
 Robert J. Walker, Miss., 
 
 William M. Meredith, Penn., 
 
 Thomas Cor win, Ohio, 
 
 James Guthrie, Ky., 
 
 Howell Cobb, Ga., 
 
 Phillip F. Thomas, Md., 
 
 John A. Dix, N. Y., 
 
 Salmon P. Chase, Ohio, 
 
 William P. Fessenden, Maine, 
 
 Hugh McCulloch, Ind., 
 
 Alexander T. Stewart, 2 N. Y., 
 
 George S. Boutwell, Mass., 
 
 William A. Richardson, Mass., 
 
 Benjamin H. Bristow, Ky., 
 
 Lot M. Morrill, Maine, 
 
 John Sherman, Ohio, 
 
 appointed March 7, 1825. 
 " March 6, 1829. 
 
 " Aug. 8, 1831. 
 
 May 29, 1833. 
 
 Sept. 23, 1833. 
 " June 27, 1834. 
 
 " March 5, 1841. 
 
 Sept. 13, 1841. 
 
 March 3, 1843. 
 
 June 15, 1844. 
 
 March 5, 1845. 
 
 " March 7, 1849. 
 
 July 20, 1850. 
 
 March 7, 1853. 
 
 March 6, 1857. 
 
 Dec. 12, 1860. 
 
 Jan. 11, 1861. 
 " March 5, 1861. 
 
 July 1, 1864. 
 
 March 7, 1865. 
 
 March 5, 1869. 
 
 March 12, 1869. 
 
 March 17, 1873. 
 
 June 2, 1874. 
 
 July 7, 1876. 
 
 March 8, 1877. 
 
 There are two Assistant Secretaries. The salary is 
 $4500. 
 
 BUREAUS IN THE TREASURY DEPARTMENT. 
 
 The work in this department is performed by vari 
 ous officers, distributed in bureaus as follows : office of 
 First Comptroller, Second Comptroller, First Auditor, 
 Second Auditor, Third Auditor, Fourth Auditor, Fifth 
 Auditor, Sixth Auditor, Treasurer, Register, Commis- 
 
 1 Rejected by the Senate. 
 
 2 Resigned, being ineligible as an importer. 
 
 C. G. 28. 
 
330 THE EXECUTIVE DEPARTMENT. 
 
 sioner of Customs, Comptroller of the Currency, Com 
 missioner of Internal Revenue, Bureau of Statistics, 
 the Mint, Bureau of Engraving and Printing. 
 
 It is the duty of the Comptrollers to examine all ac 
 counts settled by the Auditors, and to countersign 
 warrants drawn upon the Treasurer by the heads of 
 the different departments. Having the final adjudica 
 tion of accounts involving vast sums of money, the 
 Comptrollers hold a most responsible office, requiring 
 great capacity as well as the strictest integrity. 
 
 The office of Comptroller was created in 1789, and in 
 1817 a Second Comptroller was provided for. The First 
 Comptroller examines all accounts settled by the First 
 and Fifth Auditors, and certifies the balances arising 
 thereon to the Register. He countersigns all warrants 
 drawn by the Secretary of the Treasury. He decides 
 any cases appealed from the decision of the Sixth 
 Auditor, and superintends the recovery of all debts to 
 the United States. He receives $5000 a year. 
 
 The Second Comptroller examines the accounts settled 
 by the Second, Third, and Fourth Auditors, and certi 
 fies the balances to the Secretary of the department in 
 which the expenditure has been incurred. Pie counter 
 signs all warrants drawn by the Secretaries of the War 
 and Navy Departments. (Those from the Department 
 of the Interior are divided between the two Comptrol 
 lers.) The Second Comptroller receives $5000 a year. 
 
 THE AUDITORS. 
 
 The act of 1789, establishing a Treasury Department, 
 provides for a single Auditor, who was to receive all 
 public accounts, to certify the balance, and transmit 
 the accounts, with the vouchers and certificates, to the 
 Comptroller for his decision. In 1817, four additional 
 Auditors were authorized, and the work was divided 
 among them. In 1836, a Sixth Auditor was added. 
 Each Auditor receives a salary of $3600. 
 
AUDITORS OF THE TREASURY. 331 
 
 The First Auditor examines the accounts accruing in 
 the Treasury Department, and those connected with the 
 salaries of civil officers, territorial accounts, judiciary 
 expenses, contingent expenses of the Senate and House 
 of Representatives, etc. 
 
 The Second Auditor receives accounts relating to the 
 pay and clothing of the army, the subsistence of officers, 
 bounties and premiums, military and hospital stores, 
 the contingent expenses of the War Department, and 
 those pertaining to Indian affairs. 
 
 The Third Auditor has charge of accounts relative to 
 the subsistence of the army, the Quartermaster s depart 
 ment, and, generally, all accounts of the War Depart 
 ment other than those provided for. 
 
 The Fourth Auditor receives all accounts accruing in 
 the Department of the Navy. 
 
 The Fifth Auditor receives the accounts of the Depart 
 ment of State, including the diplomatic and consular 
 agents; the contingent expenses of the Post-office De 
 partment ; the expenses of the Census ; and the expenses 
 of assessing and collecting the Internal Revenue. 
 
 The office of Sixth Auditor was created in 1836. His 
 duties are partly those of an Auditor and partly those of 
 a Comptroller. He certifies balances to the Postmaster- 
 General instead of to one of the Comptrollers. He is 
 styled an Auditor of the Treasury for the Post-office 
 Department, and has direct official relations to both 
 these departments. The other Auditors transmit their 
 statements to the Comptrollers for revision and final 
 decision, but the Sixth Auditor s decisions are final, ex 
 cept special appeal is taken to the First Comptroller. 
 
 The office of Treasurer was created in 1789. It is his 
 duty to receive and keep the moneys of the United 
 States, and to disburse the same upon warrants drawn 
 by the Secretary of the Treasury, countersigned by the 
 First Comptroller, and recorded by the Register. In 
 1846 certain rooms and vaults in the new Treasury 
 
THE EXECUTIVE DEPARTMENT. 
 
 buildings were appropriated to the use of the Treasurer, 
 which, with other apartments provided as places of de 
 posit of the public money, were constituted i; The Treas 
 ury of the United States." Provision was made for the 
 appointment of four Assistant Treasurers at New York, 
 Boston, Charleston, and St. Louis and the treasurers 
 of the mints at Philadelphia and New Orleans were to 
 act as such, having the care of the public moneys de 
 posited with them. When the national banks were 
 established, in 1863, the Secretary of the Treasury was 
 authorized to designate them as depositaries of public 
 moneys, except receipts from customs, and they could be 
 employed as financial agents of the government. 
 
 The signature of the Treasurer is on all the treasury- 
 notes issued by the United States, and on all the postal 
 or fractional currency. Mr. F. E. Spinner held this 
 office from 1860 to 1875. The salary is $6000. 
 
 Besides those mentioned above, there are Assistant 
 Treasurers at Baltimore, Cincinnati, Chicago, and San 
 Francisco. Their salaries are as follows : New York, 
 $8000; Boston, Philadephia, St. Louis, Baltimore, Cin 
 cinnati, Chicago, $4500; New Orleans, $4000; San 
 Francisco, $5500. 
 
 The office of Register was created in 1789. It was 
 made his duty to keep all accounts of the receipts and 
 expenditures, and of all debts due to or from the United 
 States; to preserve with their vouchers accounts which 
 have been finally adjusted ; and to record all warrants 
 for the receipts or payment of moneys at the treasury, 
 and certify the same thereon. He signs all stocks and 
 bonds of the United States, and superintends their issue. 
 He signs all treasury-notes, and "keeps the great ledgers 
 which show the whole receipts and expenditures of the 
 government." His salary is $4000. 
 
 There was no Commissioner of Customs until 1849, 
 when certain acts and powers relating to the receipts 
 from customs and accounts of collectors and other 
 
TREASURY BUREAUS. 333 
 
 officers, which had before devolved on the First Comp 
 troller, were transferred to this new officer. His salary 
 is $4000. 
 
 In 1863 a separate bureau was established in the 
 Treasury Department, called the Bureau of Currency, to 
 be under the direction of an officer denominated the 
 Comptroller of the Currency. The act establishing this 
 bureau was the "Act to provide a National Currency, 
 secured by a pledge of United States Bonds, and to 
 provide for the circulation and redemption thereof," 
 passed February 25th, 1863, and subsequently super 
 seded by an act for the same purpose, passed June 
 3d, 1864. 
 
 It is the duty of the Comptroller to see that all 
 banking associations established under this act are 
 organized and managed according to law; to provide 
 the banks with notes for circulation; to send agents 
 to examine into their condition ; to close up the affairs 
 of such as fail to pay their notes ; and report annually 
 to Congress their condition, etc. 
 
 Since the organization of the national banking sys 
 tem, the number of banks organized, to November 1st, 
 1876, was 2343; of these forty-nine have failed, and two 
 hundred and seven have gone into voluntary liquida 
 tion; leaving 2087 in existence at that time. The sal 
 ary of the Comptroller of the Currency is $5000. 
 
 Bureau of Internal Revenue. The act establishing this 
 bureau, the head of which is styled Commissioner of In 
 ternal Revenue, was passed in 1862. A similar office was 
 created in 1813, and the officer was styled Commissioner 
 of Revenue ; it was abolished, however, by the act of 
 December 23d, 1817. For a period of five years, com 
 mencing with 1863, the receipts into the treasury from 
 Internal Revenue largely exceeded those from Customs, 
 but they are now much diminished. In the year end 
 ing June, 1866, the receipts from this source were three 
 hundred and nine millions of dollars; in the year 
 
334 THE EXECUTIVE DEPARTMENT. 
 
 ending June, 1872, they were but one hundred and 
 thirtv millions. For the year ending June, 1877, the 
 income was one hundred and eighteen millions. The 
 Internal Revenue taxes have been repealed for the 
 most part, except those on tobacco, on malt and spirit 
 uous liquors, and a few stamp duties. 
 
 The salary of the Commissioner is $6000. Formerly 
 there were three Deputy Commissioners: there is now 
 but one. His salary is $3200. 
 
 The act establishing the Bureau of Internal Revenue 
 provided for the appointment of an Assessor and a Col 
 lector in each collection district, and for twenty-five 
 Supervisors. The office of Assessor ceased July 1st, 1873, 
 and the duties are devolved on the Collectors. 
 
 In 1866, a Bureau of Statistics was established, the 
 Director of which is to prepare the annual report on 
 the statistics of commerce and navigation, and exports 
 and imports; and to prepare and publish monthly re 
 ports of various statistics. His salary is $2400. 
 
 By act of February 12th, 1873, The Mint of the United 
 States was established as a Bureau of the Treasury De 
 partment, the chief officer to be styled The Director of 
 the Mint. He is to have the general supervision of all 
 mints and assay offices. His salary is $4500 and trav 
 eling expenses. The Superintendents of the mints at 
 Philadelphia and San Francisco also receive $4500 
 each ; those at Carson, Denver, and New Orleans, 
 smaller salaries. 
 
 The Bureau of Engraving and Printing was established 
 in 1874. The design is to have executed under its su 
 pervision the internal revenue stamps, the national 
 bank notes, and the notes, bonds, and securities of the 
 United States. 
 
 The office of the Coast Survey is connected with the 
 Treasury Department. It has for its object the prep 
 aration of charts prepared from actual survey of the 
 entire sea-coast of the United States. There have been 
 
THE WAR DEPARTMENT. 335 
 
 but four Superintendents since the work was begun in 
 1807, viz., F. R. Hassler, A. D. Bache, Benjamin Pierce, 
 and C. P. Patterson. The salary is $6000. The surveys 
 of the Great Lakes are under the control of the War 
 Department. 
 
 In 1852, the Light-house Board was constituted. It 
 consists of three officers of the army, three of the navy, 
 and two civilians of high scientific attainments, with 
 the Secretary of the Treasury as ex officio president. To 
 this board are committed all duties pertaining to the 
 construction and superintendence of light-houses, light- 
 vessels, beacons, buoys, etc. The number of light-houses, 
 stake lights, etc., in 1876, was nine hundred and 
 seventy-four; and the number of light-keepers nine 
 hundred and ninety-one. 
 
 In the collections of customs many persons are em 
 ployed in connection with the different custom-houses. 
 The chief officer is the Collector. The Naval Officer and 
 the Surveyor have important duties, w y hich are not very 
 clearly indicated by their names. They are appointed 
 only in the larger ports. All these officers are paid by 
 fees, but their compensation is limited as follows: Col 
 lector, $6000; Naval Officer, $5000; Surveyor, $4500. 
 
 The Supervising Architect has the general charge of 
 planning and constructing all United States Buildings, 
 as custom-houses, court-houses, post-offices, marine hos 
 pitals, mints, etc. His salary is 4500. 
 
 THE WAR DEPARTMENT. 
 
 The office of Secretary of War was created in 1789. 
 Such a department existed before the adoption of the 
 Constitution, and "an ordinance for ascertaining the 
 powers and duties of the Secretary at War" was passed 
 by the Continental Congress, January 27th, 1785. The 
 Department of the Navy was not established till 1798, 
 and up to that time the duties of the Secretary of War 
 extended to naval as well as military affairs. 
 
336 
 
 THE EXECUTIVE DEPARTMENT. 
 
 The salary of the Secretary of War was for thirty 
 years $500 less than those of the Secretaries of State 
 and the Treasury, being $3000 in 1789, and $4500 in 
 1799. In 1819 the salaries of the four Secretaries were 
 made equal $6000. In 1853 they were made $8000; 
 in 1873, $10,000; and in 1874, $8000. 
 
 The office has been held by the following persons : 
 
 Sept. 12, 1789. 
 Jan. 2, 1795. 
 Jan. 27, 1796. 
 May 7, 1800. 1 
 May 13, 1800. 
 Feb. 3, 1801. 2 
 March 5, 1801. 
 March 7, 1809. 
 Jan. 13, 1813. 
 Sept. 27, 1814. 
 March 3, 1815. 
 March 5, 1817. 3 
 April 7, 1817. 
 Oct. 8, 1817. 
 March 7, 1825. 
 May 26 ? 1828. 
 March 9, 1829. 
 Aug. 1, 1831. 
 March 3, 1837. 
 March 7, 1837. 
 March 5, 1841. 
 Sept. 13, 1841. 3 
 Oct. 12, 1841. 
 March 8. 1843. 
 Feb. 15, 1844. 
 March 5, 1845. 
 
 1 Nominated May 7. Action postponed by Senate. Appointed 
 Secretary of State May 13. 2 Declined to serve. 3 Declined. 
 
 Henry Knox, 
 
 Mass., 
 
 appointed 
 
 Timothy Pickering, 
 
 Mass., 
 
 tt 
 
 John McHenry, 
 
 Md., 
 
 a 
 
 John Marshall, 
 
 Va, 
 
 a 
 
 Samuel Dexter, 
 
 Mass., 
 
 a 
 
 Roger Griswold, 
 
 Conn., 
 
 tt 
 
 Henry Dearborn, 
 
 Mass., 
 
 u 
 
 William Eustis, 
 
 Mass., 
 
 tt 
 
 John Armstrong, 
 
 N. Y, 
 
 n 
 
 James Monroe, 
 
 Va, 
 
 u 
 
 William H. Crawford, 
 
 Ga, 
 
 It 
 
 Isaac Shelby, 
 
 Ky, 
 
 ti 
 
 George Graham, 
 
 Va, 
 
 ti 
 
 John C. Calhoun, 
 
 S. C, 
 
 ti 
 
 James Barbour, 
 
 Va, 
 
 a 
 
 Peter B. Porter, 
 
 N. Y, 
 
 u 
 
 John H. Eaton, 
 
 Tenn., 
 
 u 
 
 Lewis Cass, 
 
 Mich, 
 
 tt 
 
 Benjamin F. Butler, 
 
 N. Y, 
 
 (i 
 
 Joel R. Poinsett, 
 
 s. c,. 
 
 u 
 
 John Bell, 
 
 Tenn, 
 
 u 
 
 John McLean, 
 
 Ohio, 
 
 u 
 
 John C. Spencer, 
 
 N. Y, 
 
 tt 
 
 James M. Porter. 
 
 Penn., 
 
 tl 
 
 William Wilkins, 
 
 Penn., 
 
 tl 
 
 William L. Marcy, 
 
 N. Y, 
 
 tl 
 
SECRETARIES OF WAR. 337 
 
 George W. Crawford, Ga., appointed March 7, 1849. 
 
 Charles M. Conrad, La., " Aug. 15, 1850. 
 
 Jefferson Davis, Miss., " March 5, 1853. 
 
 John B. Floyd, Va., March, 6, 1857. 
 
 Joseph Holt, Ky., " Jan. 18, 1861. 
 
 Simon Cameron, Penn., " March 5, 1861. 
 
 Edwin M. Stanton, Penn., " Jan. 15, 1862. J 
 
 Ulysses S. Grant, 111., ad interim, Aug. 12, 1867. 
 
 Edwin M. Stanton, Penn., appointed Jan. 13, 1868. 2 
 
 John M. Schofield, Mo., " May 29, 1868. 
 
 John A. Rawlins, 111., " March 12, 1869. 
 
 William W. Belknap, Iowa, u Nov. 1, 1869. 
 
 Alphonso Taft, Ohio, " March 9, 1876. 
 
 J. Donald Cameron, Penn., " May 22, 1876. 
 
 George W. McCrary, Iowa, " March 10, 1877. 
 
 The War Department is divided into various subdi 
 visions, in which are employed many men, civilians 
 as well as those connected with the army. These dif 
 ferent offices, which will be understood from their 
 titles, are as follows: 
 
 The Office of the Adjutant-General, 
 The Office of the Quartermaster-General, 
 The Office of the Commissary-General, 
 The Office of the Paymaster-General, 
 The Office of the Surgeon-General, 
 The Office of the Chief-of-Engineers, 
 The Ordnance Office, 
 The Signal Office, 
 The Bureau of Military Justice. 
 
 The Signal Office and the Bureau of Military Justice, 
 were established in 1866. The Chief Signal officer has 
 
 1 Suspended by President Johnson August 12th, 1867. 
 
 2 Restored by the Senate. Resigned May 26th, 1868. 
 
 C. G. 29. 
 
THE EXECUTIVE DEPARTMENT. 
 
 the rank and pay of a colonel of cavalry. The Bureau of 
 Military Justice is in charge of a Judge- Advocate-Gen 
 eral, who has the rank and pay of a Brigadier-General. 
 
 The Military Academy at West Point, in the State 
 of New York, is connected with the War Department. 
 It was established in 1802. At first, provision was 
 made for only ten cadets, but in 1812 Congress author 
 ized the number to be increased to two hundred and 
 fifty. The present corps of cadets consists of one from 
 each Congressional District, one from each Territory, 
 one from the District of Columbia, and ten from the 
 United States at large ; these are all appointed by the 
 President. They must be between the ages of seven 
 teen and twenty-two, and pledge themselves, with the 
 consent of parents or guardians, to serve eight years 
 unless sooner discharged. 
 
 The superintendent and most of the instructors are 
 officers of the army. The Academy is wholly supported 
 by the government, an allowance being made to each 
 cadet sufficient to pay his entire expenses of clothing, 
 board, etc. The appropriation voted for the Academy 
 for the year ending June 30th, 1878, was $293,000. 
 
 By act of July loth, 1870, the army officers receive 
 yearly pay as follows; 
 
 General, $13,500. Captain, not mounted, $1800. 
 
 Lieut, -General, $11,000. Regimental Adjutant, $1800. 
 
 Major-General, $7500. Pvegimental Q. M., $1800. 
 
 Brigadier-General, $5500. 1st Lieut., mounted, $1600. 
 
 Colonel, $3500. 1st Lieut., not " $1500. 
 
 Lieut.-Colonel, $3000. 2d Lieut., mounted, $1500. 
 
 Major, $2500. 2d Lieut., not " $1400. 
 
 Captain, mounted, $2000. Chaplain, $1500. 
 
 To each commissioned officer below the rank of Brig 
 adier-General, the pay is increased ten per centum 
 for every term of five years service, but the increase is 
 not to exceed forty per centum. Officers retired from 
 
SECRETARIES OF THE NAVY. 
 
 339 
 
 service receive seventy-five per centum of the pay of 
 the rank upon which they are retired. The pay of 
 privates is thirteen dollars a month, with one dollar a 
 month added for the third year of enlistment, one more 
 for the fourth, and one for the fifth. The officers arc 
 paid monthlv. 
 
 DEPARTMENT OF THE NAVY. 
 
 This department was established by act of Congress, 
 April 30th, 1798, its chief officer being styled the Secre 
 tary of the Navy. 
 
 In 1861 an Assistant Secretary was authorized, but 
 the office expired March 4th, 1869. 
 
 The following persons have been Secretaries of the 
 Navy : 
 
 Mass., appointed May 3, 1798. l 
 
 George Cabot, 
 
 Benjamin Stoddart, Md., 
 
 Robert Smith, Md., 
 
 Jacob Crowninshieid, Mass., 
 
 Paul Hamilton, S. C., 
 
 William Jones, Penn. 5 
 
 B. W. Crowninshield, Mass., 
 
 Smith Thompson, 
 John Rodgers, 
 Samuel L. Southard, 
 John Branch, 
 Levi Woodbury, 
 Mahlon Dickerson, 
 James K. Paulding, 
 George E. Badger, 
 Abel P. Upshur, 
 David Henshaw, 
 Thomas W. Gilmer, 
 John Y. Mason, 
 
 N. Y. ; 
 Md, 
 
 N. J., 
 N. C., 
 N. H., 
 N. J , 
 N. Y, 
 N. C., 
 Va., 
 Mass., 
 Va, 
 Va.. 
 
 May 21, 1798. 
 July 15, 1801. 
 March 2, 1805. 
 March 7, 1809. 
 Jan. 12, 1813. 
 Dec. 17, 1814. 
 Nov. 9, 1818. 
 Sept. 1, 1823. 1 
 Sept. 16, 1823. 
 March 9, 1829. 
 May 23, 1831. 
 June 30, 1834. 
 June 30, 1838. 
 March 5, 1841. 
 Sept. 13, 1841. 
 July 24, 1843. 
 Feb. 15, 1844. 
 March 14, 1844. 
 
 Declined. 2 Killed, February 28th, on U. S. Steam Frigate 
 Princeton, by bursting of a cannon. 
 
340 
 
 THE EXECUTIVE DEPARTMENT. 
 
 George Bancroft, 
 John Y. Mason, 
 William B. Preston, 
 William A. Graham, 
 John P. Kennedy, 
 James C. Dobbin, 
 Isaac Toucey, 
 Gideon Welles, 
 Adolph E. Borie, 
 George M. Robeson, 
 Rich d W.Thompson, 
 
 Mass., appointed 
 Va., 
 
 Va,, " 
 
 N. C., 
 Md., 
 N. C., 
 
 Conn., " 
 Conn., " 
 Penn., " 
 N. J., 
 Ind., 
 
 March 10, 1845. 
 Sept. 9, 1846. 
 March 7, 1849. 
 July 20, 1850. 
 July 22, 1852. 
 March 7, 1853. 
 March 6, 1857. 
 March 5, 1861. 
 March 5, 1869. 
 June 25, 1869. 
 Maroh 10, 1877. 
 
 The salary of the Secretary of the Navy was at first 
 $3000. In 1799 it was made $4500; in 1819, $6000; in 
 1853, $8000; in 1873, 610,000; and in 1874, $8000. 
 
 By act of- July 5th, 1862, there were established eight 
 Bureaus in the Navy Department, for each of which a 
 chief should be appointed from the list of the officers 
 of the Navy by the President. These chiefs of Bureaus 
 hold their office for four years. 
 
 The Bureau of Yards and Docks.- -Vessels are built and 
 repaired at Navy Yards, of which the government has 
 nine, viz., at Kittery, Maine; 1 Charlestown, Mass.; 1 New 
 London, Conn.; Brooklyn, N. Y.; League Island, Penn.; 
 Washington, D. C.: Norfolk, Va.; Pensacola, Fla.; and 
 Mare Island, Cal. There are Naval Stations at Sack- 
 ett s Harbor, N. Y., and at Key West, Fla. This bureau 
 has charge of the construction and maintenance of all 
 docks, piers, etc., within the Navy Yards. It has charge 
 also of the Naval Arsenals, and of the Naval Asylum. 
 The expenditures for the year ending June 30th, 1876, 
 were $1,712,000. 
 
 1 The Navy Yard at Kittery, Maine, is the same as that known 
 as, the Portsmouth (N. H.) Navy Yard. The one at Charlestown is 
 often spoken of :is at Boston. Botli names, Boston and Charlestown, 
 are applied to the same Navy Yard in the same statute. U. S. Stat 
 utes at Large, XVII, p. 552. 
 
DEPARTMENT OF THE NAVY. 341 
 
 The Bureau of Equipment and Recruiting. This bureau 
 supplies vessels in commission with rigging, sails, anch 
 ors, fuel, etc. It has charge of recruiting all seamen, 
 landsmen, and boys for the service ; and the charge 
 also of receiving-ships and recruiting rendezvous. 
 
 The Bureau of Navigation. This bureau has supervis 
 ion of what relates to the Hydrographic Oflice, the Naval 
 Observatory, the Nautical Almanac, the Signal Office, and 
 Naval Apprentices. 
 
 The Observatory was established in 1842, under the 
 name of " Depot for Naval Charts and Instruments." 
 The Superintendent is Rear-Admiral John Rodgers. 
 
 The Bureau of Ordnance. To this bureau belongs the 
 general charge of providing and storing guns and am 
 munition of every kind. Under its direction experi 
 ments are made to test new species of ordnance and 
 ammunition. The subject of torpedoes has recently 
 received much attention. 
 
 The Bureau of Medicine and Surgery. There are eight 
 naval hospitals and one laboratory under the charge 
 of this bureau, which also furnishes all medical sup 
 plies for the department. 
 
 The Bureau of Provisions and Clothing. The name of 
 this bureau indicates its duties. 
 
 Bureau of Steam Engineering. All that pertains to the 
 steam machinery by which vessels are impelled comes 
 under the charge of this bureau. 
 
 Bureau of Construction and Repair. This bureau has 
 charge of all that relates to planning, building, and 
 repairing vessels, both wood and iron, as distinct 
 from the engines and machinery by which they are 
 impelled. 
 
 The Naval Academy. This institution, which sustains 
 to the Navy the same relation the Military Academy at 
 West Point does to the Army, seems not to have been 
 established by an act of Congress, but to have been 
 commenced by the Navy Department without formal 
 
342 THE EXECUTIVE DEPARTMENT. 
 
 legislation. The first action of Congress regarding it 
 is found in the act making appropriations for the 
 naval service, August 10th, 1846. This provides that 
 of the money appropriated for " pay of the navy " and 
 contingent expenses enumerated," an amount not ex 
 ceeding $28,200 may be expended under the direction 
 of the Secretary of the Navy for repairs, improvements, 
 and instruction, at Fort Severn, Annapolis, Maryland. 
 In March, 1847, a like sum was appropriated for the 
 same purposes, "and for the purchase of land for the 
 use of the naval school at that place, not exceeding 
 twelve acres." 
 
 The students, who are called cadet-midshipmen, must 
 be, when appointed, not under fourteen years of age, 
 nor over eighteen. There may be one from each con 
 gressional district, and one from each Territory, with 
 ten at large. The latter are appointed by the Presi 
 dent, the others are nominated to the Secretary of the 
 Navy by the Representatives and Delegates in Congress. 
 From 1862 to 1867 two were authorized from every con 
 gressional district. 
 
 The course of study has been four years, but it is now 
 changed to six, commencing with the class entering in 
 1873. They become midshipmen on graduating, and 
 are promoted to ensigns as vacancies occur, promotion 
 being according to class rank. 
 
 A course of study has been provided for cadet- 
 engineers, to be appointed, to the number of fifty, 
 by the Secretary of the Navy. The course embraces 
 four years of study at the Academy, and two years of 
 service in naval sea-steamers. Their pay is that of 
 midshipmen. 
 
 The appropriation for the Naval Academy for the 
 year ending June 30th, 1874, is $193,457; of which 
 $64,000 is for "contingent expenses." 
 
 The yearly pay of the Officers of the Navy is as 
 follows : 
 
DEPARTMENT OF THE NAVY. 
 
 343 
 
 On leave, or 
 At sea. On shore duty. waiting orders. 
 
 Admiral, $13,000 $13,000 $13,000 
 
 Vice-Admiral, 9,000 8,000 6,000 
 
 Rear-Admiral, 6,000 5,000 4,000 
 
 Commodore, 5,000 4,000 3,000 
 
 Captain, 4,500 3,500 2,800 
 
 Commander, 3,500 3,000 2,300 
 
 Lieutenant-Corn., 2,800 2,400 2,000 
 
 Lieutenant, 2,400 2,000 1,600 
 
 Master, 1,800 1,500 1,200 
 
 Ensign, 1,200 1,000 800 
 
 Midshipman, 1,000 800 600 
 
 Surgeon, Paymaster, 
 and Chief Engineer, 2,800 2,400 
 
 Fleet Surgeon, Pay 
 master, and Chief 
 
 Engineer, 4,400 4,400 
 
 Passed Ass t Surgeon, 
 Paymaster, and 
 
 Chief Engineer, 2,000 1,800 
 
 Assistant Surgeon, 
 Paymaster, and 
 
 Chief Engineer, 1,700 1,400 
 
 Chaplain, 2,500 2,000 
 
 Professor of Mathe 
 matics, and Civil 
 Engineer, 2,400 2,400 
 
 Most of those who are below the grade of Command 
 ers have their pay increased after five years of service 
 by from $200 to $400 a year; with some this- increase is 
 but once, but with others the pay is increased at the 
 end of each five years up to twenty. 
 
 The pay of officers retired after forty years service, or 
 on attaining the age of sixty-two years, or from inca 
 pacity resulting from long and faithful service, from 
 wounds or injuries received in the line of duty, or from 
 
 2,000 
 
 4,400 
 
 1,500 
 
 1,000 
 1,600 
 
 1,500 
 
344 THE EXECUTIVE DEPARTMENT. 
 
 sickness or exposure therein, is seventy-five per centum 
 of the sea-pay of their grade when retired; in all other 
 cases the pay of retired officers is one-half the sea-pay. 
 
 The pay of " seamen " in the navy is twenty dollars 
 a month; of "ordinary seamen," sixteen dollars; of 
 " landsmen," fourteen dollars ; of " boys," from eight to 
 ten dollars. 
 
 Until September, 1862, a spirit ration was allowed in 
 the navy; from that time it was abolished, and five 
 cents a day allowed in place of it. This allowance was 
 abolished from June 30th, 1870. Thirty cents a day is 
 now the commutation price of a navy ration. 
 
 DEPARTMENT OF THE INTERIOR. 
 
 This department was established by act of Congress, 
 March 3d, 1849. The act is entitled "An Act to estab 
 lish the Home Department." A department was pro 
 posed under that name in 1789. The duties of the 
 department relate to various offices which have been 
 transferred to it from other departments. It is less 
 homogeneous, therefore, than the others. 
 
 At its establishment the Patent Office and the Census 
 Office were transferred to it from the Department of 
 State; the Land Office, the charge of Mines, and the ac 
 counts of officers of the Courts, from the Department of 
 the Treasury; the charge of Indian affairs from the 
 Department of War; the charge of Pensions from the 
 Departments of War and the Navy; and the care of 
 Public Buildings from the President. Subsequently it 
 was charged with the duty of receiving and distribu 
 ting public documents, and with duties relating to Ter 
 ritories, which had been performed by the State De 
 partment. The Department of Education, which was 
 at first independent, has been made an office in this 
 department. 
 
 The salary has been the same as the other Secre 
 taries have received, being now $8000. An Assistant 
 
DEPARTMENT OF THE INTERIOR. 345 
 
 Secretary was authorized in 1862. His compensation 
 is now $3500. 
 
 The Secretaries have been as follows : 
 Thomas Ewing, Ohio, appointed March 7, 1849. 
 
 Alexander H. H. Stuart, Va., " Sept, 12,1850. 
 
 Robert McClelland, Mich., " March 7, 1853. 
 
 Jacob Thompson, Miss., March 6, 1857. 1 
 
 Caleb B. Smith, Ind., " March 5, 1861. 
 
 John P. Usher, Ind., " Jan. 8, 1863. 
 
 James Harlan, Iowa, " May 15, 1865. 
 
 Orville H. Browning, 111., July 27, 1866. 
 
 Jacob D. Cox, Ohio, " March 5, 1869. 
 
 Columbus Delano, Ohio, " Nov. 1 ? 1870. 
 
 Zachariah Chandler, Mich., " Oct. 19, 1875. 
 Carl Schurz, Mo., " March 10, 1877. 
 
 The Patent Office. This bureau is under the superin 
 tendence of a Commissioner, who is assisted by an As 
 sistant Commissioner. There is a large corps of Exam 
 iners, Assistant Examiners, Clerks, Copyists, and Labor 
 ers employed in the Patent Office. Besides the charge 
 of this large force, the Commissioner has a large amount 
 of judicial work to perform in hearing and deciding 
 cases relating to patents. The Commissioner receives 
 $4500, and the Assistant Commissioner $3000, a year. 
 
 The Pension Office. By act of March 3d, 1835, the of 
 fice of Commissioner of Pensions was created for two 
 years. It was extended from time to time, and made 
 permanent in 1849. He was to execute, under the di 
 rection of the Secretaries of War and the Navy, such 
 duties in relation to the various pension laws as might 
 be prescribed by the President. 
 
 The provisions relating to pensions are too numerous 
 and complicated to allow of a clear statement regarding 
 them in this treatise. An act was passed March 3d 
 
 1 Resigned January 8th, 1861. 
 
346 THE EXECUTIVE DEPARTMENT. 
 
 1873, to revise, consolidate, and amend the laws relating 
 to the general subject. The salary of the Commissioner 
 is $3600. 
 
 The Land-Office. The public lands of the United 
 States which are for sale are under the care of an officer 
 styled the Commissioner of the General Land-Office. 
 This office was created in 1812, and it was made the 
 duty of the Commissioner to attend to various matters 
 touching the public lands which had before that been 
 transacted in the several departments of State, of the 
 Treasury, and of War. The Land-Office was placed in 
 the Department of the Treasury till, on the creation of 
 that of the Interior, in 1849, it was transferred to that 
 department. The Commissioner s salary is $4000. 
 
 The principal officers under the Commissioner are : 
 Surveyors General, 
 Registers of Land-Offices, 
 Receivers of Land-Offices. 
 
 There are now seventeen Surveyors-General, one in 
 each land district. Under their direction all the land 
 is accurately surveyed and described, and thus prepared 
 for sale. The United States system of surveys provides 
 for the division of the lands into ranges, townships, sec 
 tions, and fractions of sections. The ranges are bounded 
 by meridian lines, six miles apart, and are numbered 
 east and west from a principal meridian. These are 
 divided into townships, of six miles square, numbered 
 north and south from a given parallel. Townships 
 are divided into thirty-six sections of one mile square, 
 or six hundred and forty acres. The sections are di 
 vided into quarters, which are again subdivided into 
 sixteenths. 
 
 The sections in a township are numbered, beginning 
 at one in the north-east section, and proceeding West 
 and East alternately, as indicated in the annexed dia 
 gram. The description of land is thus made exact to 
 
DEPARTMENT OF THE INTERIOR. 
 
 347 
 
 6 
 
 5 
 
 4 
 
 3 
 
 2 
 
 1 
 
 7 
 
 8 
 
 9 
 
 10 
 
 11 
 
 12 
 
 18 
 
 17 
 
 16 
 
 15 
 
 14 
 
 13 
 
 19 
 
 20 
 
 21 
 
 22 
 
 23 
 
 24 
 
 30 
 
 29 
 
 28 
 
 27 
 
 26 
 
 25 
 
 31 
 
 32 
 
 33 
 
 34 
 
 35 
 
 36 
 
 tracts of forty acres ; as, the N. W. J of the N. E. J of 
 Section 19, Town 27 North, Range 18 West. 
 
 Registers are appointed 
 in the several land dis 
 tricts, who receive appli 
 cations for lands in their 
 districts, file receipts for 
 payments, and, on the 
 final payment, give to 
 the purchaser a certificate 
 which entitles him to a 
 patent, i. e., a deed from 
 the United States. For 
 merly the patent was 
 signed by the President, and countersigned by the Sec 
 retary of State; 1 now a secretary is appointed by the 
 President, who signs patents in his name, and they 
 are countersigned by the Recorder. 
 
 The government price of land is one dollar and a 
 quarter an acre. Previous to 1800 the price was two 
 dollars. For alternate reserved lands along the line of 
 railroads within the limits granted by any act of Con 
 gress, the price is two dollars and fifty cents an acre. 
 From 1854 to 1862 land long in market was sold at re 
 duced rates. The sale of mineral lands is regulated by 
 special laws. 
 
 The Receiver receives money or land-scrip from the 
 purchaser, giving receipts therefor, which are passed 
 over to the Register. 
 
 The Register and Receiver are largely paid by fees, 
 but the whole compensation must not exceed $3000. 
 The} 71 are entitled to fees in cases of military warrants 
 and homestead entries, as in other cases. 
 
 1 Three patents to the Ohio Company for 1,228,168 acres, dated May 
 10th, 1792, are signed by G "Washington, and countersigned by Th: 
 Jefferson. These patents, the first issued by the government to a pur 
 chaser, are in the library of Marietta College. 
 
348 THE EXECUTIVE DEPARTMENT. 
 
 The Commissioner of Indian Affairs. Until 1832 the 
 business of the government relating to the Indians had 
 been managed by the clerks in the War Department. 
 In that year Congress authorized the President to ap 
 point a Commissioner, who should, under the direction 
 of the Secretary of War, have the general superintend 
 ence of all Indian affairs. 
 
 The Commissioner has the direction of the eight Su 
 perintendents, and a large number of agents and sub- 
 agents, under whom are many teachers, mechanics, la 
 borers, etc. The salary of the Commissioner is $3000. 
 
 The Superintendent of the Census. The census is taken 
 once in ten years. The office of Superintendent is 
 not permanent, therefore; but its duties are highly 
 responsible, and require great accuracy and system. 
 The census returns are of great value. The salary of 
 the Superintendent is $3000. 
 
 The Bureau of Education. In 1867 " a Department of 
 Education" was established at Washington, for the 
 purpose of collecting statistics showing the condition 
 and progress of education in the States and Territories, 
 and of diffusing such information as should promote 
 the cause of education throughout the country. In 
 1868 Congress enacted that " the Department of Edu 
 cation" should cease, and that there should be estab 
 lished and attached to the Department of the Interior 
 an office to be denominated The Office of Education, 
 the chief officer of which should be styled the Com 
 missioner of Education, who should perform the duties 
 before prescribed. His salary is $3000. 
 
 THE DEPARTMENT OF AGRICULTURE. 
 
 In 1862 a Department of Agriculture was established 
 at Washington, the object of which was to acquire and 
 diffuse among the people useful information on subjects 
 connected with Agriculture. The chief officer was 
 styled a Commissioner of Agriculture. Among other 
 
THE GENERAL POST-OFFICE. 349 
 
 things it was provided that he should " receive and 
 have charge of all the property of the agricultural 
 division of the Patent Office in the Department of the 
 Interior, including the fixtures and property of the 
 propagating garden." 
 
 There seems to be no more reason for calling this a 
 "department" than in the case of the Office of Educa 
 tion. In his message of 1871 the President speaks of it 
 in one sentence as a "department" and in another as 
 the "Agricultural Bureau." For many years previous 
 to 1862, the Patent Office Report was partly devoted to 
 agricultural facts and statistics. 
 
 It is noticed here, because, though nominally inde 
 pendent, it might well be considered a Bureau of the 
 Department of the Interior. The salary of the Com 
 missioner is 83000. 
 
 Miscellaneous. The Secretary of the Interior has the 
 general charge of the Penitentiary in the District of 
 Columbia, and of those in the Territories. The follow 
 ing act was passed in March, 1873 : " That the Secre 
 tary of the Interior shall hereafter exercise all the 
 powers and perform all the duties in relation to the 
 Territories of the United States that are now by law 
 or by custom exercised and performed by the Secretary 
 of State." 
 
 POST-OFFICE DEPARTMENT. 
 
 There were arrangements for carrying letters by mail 
 before the colonies separated from the mother country. 
 Dr. Benjamin Franklin had the general superintend 
 ence under the British government, and in July, 1775, 
 he was appointed, by the Second Continental Congress, 
 " Postmaster-General of the United Colonies." When 
 the Constitution went into operation, Congress, by act 
 of September 22d, 1789, provided for the "temporary 
 establishment of the Post-office," the regulations to be 
 "the same as they last were under the resolutions and 
 ordinances of the late Congress." 
 
350 THE EXECUTIVE DEPARTMENT. 
 
 In 1792 an act was passed to establish a General 
 Post-office. There was to be a Postmaster-General, who 
 should have power to appoint an Assistant, and Deputy 
 Postmasters at all places where such should be found 
 necessary; he was also "to superintend the business 
 of the department " in all the duties that should be 
 assigned to it. This act was, indeed, limited to two 
 years, but in 1794 a similar one was enacted, which 
 had no limitation of time. We may say, therefore, that 
 the Post-office Department has been in operation from 
 the first Congress under the Constitution. 1 An act to 
 revise, consolidate, and amend the statutes relating to 
 the Post-office Department, containing three hundred 
 and twenty-seven sections, was passed June 8th, 1872. 
 The Salary of the Postmaster-General was $2000 in 1792, 
 $3000 in 1799, $4000 in 1819, $6000 in 1827, $8000 in 
 1853, $10,000 in 1873. and $8000 in 1874. 
 
 It is said that the Postmaster-General did not attend 
 the meetings of the Cabinet prior to the administra 
 tion of President Jackson, who invited Mr. Barry to be 
 present at their meetings. The practice has been con 
 tinued from that time. 
 
 The list of Postmasters-General is as follows : 
 
 Samuel Osgood, Mass., appointed Sept. 26, 1789. 
 
 Timothy Pickering, Mass., " Aug. 12, 1791. 
 
 Joseph Habersham, Ga., " Feb. 25, 1795. 
 
 Gideon Granger, Conn., " Nov. 28, 1801. 
 
 1 Mr. Gil let, in his work on The Federal Government, says : " There 
 has never been any statute establishing a Post-office Department. * * 
 It is first spoken of as a Post-office Department in the title of an act 
 in 1825." But that title itself is, "An Act to reduce into one the 
 several acts establishing and regulating the Post-office Department." 
 This very title thus asserts that previous acts had established such a 
 department. We have seen above that the General Post-office was 
 called a " department" in the act of 1792. An act of March, 3d, 1801, 
 speaks "of the several departments of the Treasury, of War. of the 
 Navy, and of the General Post-office." 
 
GENERAL POST-OP^FICE. 
 
 351 
 
 Return J. Meigs, Jr. 
 John McLean, 
 William T. Barry, 
 Amos Kendall, 
 John M. Niles, 
 Francis Granger, 
 Charles A.Wickliffe, 
 Cave Johnson, 
 Jacob Collamer, 
 Nathan K. Hall, 
 Samuel D. Hubbard, 
 James Campbell, 
 Aaron V. Brown, 
 Joseph Holt, 
 Horatio King, 
 Montgomery Blair, 
 William Dennison, 
 Alexander W. Randall, 
 John A. J. Creswell, 
 Marshall Jewell, 
 James M. Tyner, 
 David M. Key, 
 
 There are three Assistant Postmasters-General; the 
 Postmaster-General appointed them until 1853; since 
 then the President and Senate. The salary is $3500. 
 
 The First Assistant Postmaster- General has the superin 
 tendence of matters relating to the establishment and 
 discontinuance of post-offices, the appointment and re 
 moval of postmasters,- furnishing blanks and stationery, 
 steamship lines, and international postage. His office 
 is called the Appointment Office. 
 
 Under the charge of the Second Assistant Postmaster- 
 General belongs whatever relates to letting contracts 
 for carrying the mails, the mode of conveyance, the 
 time of arrival and departure, offices of distribution, 
 etc. This is known as the Contract Office 
 
 Ohio, 
 
 appointed 
 
 March 17, 1814. 
 
 Ohio, 
 
 u 
 
 June 26, 1823. 
 
 Ky, 
 
 u 
 
 March 9, 1829. 
 
 Ky, 
 
 a 
 
 May 1, 1835. 
 
 Conn., 
 
 a 
 
 May 25, 1840. 
 
 N. Y., 
 
 it 
 
 March 6, 1841. 
 
 Ky., 
 
 a 
 
 Sept. 13, 1841. 
 
 Tenn., 
 
 it 
 
 March 5, 1845. 
 
 Vt., 
 
 u 
 
 March 7, 1849. 
 
 N. Y., 
 
 it 
 
 July 20, 1850. 
 
 Conn., 
 
 it 
 
 Aug. 31, 1852. 
 
 Perm., 
 
 It 
 
 March 7, 1853. 
 
 Tenn., 
 
 it 
 
 March 6, 1857. 
 
 Ky, 
 
 It 
 
 March 14, 1859. 
 
 N. H, 
 
 It 
 
 Feb. 12, 1861. 
 
 Md., 
 
 it . 
 
 March 5, 1861. 
 
 Ohio, 
 
 tl 
 
 Sept. 24, 1864, 
 
 Wis., 
 
 it 
 
 July 25, 1866. 
 
 Md., 
 
 It 
 
 March 5, 1869. 
 
 Conn., 
 
 u 
 
 Aug. 24, 1874. 
 
 Ind., 
 
 it 
 
 July 18, 1876. 
 
 Tenn., 
 
 It 
 
 March 10, 1877. 
 
352 THE EXECUTIVE DEPARTMENT. 
 
 The Third Assistant Postmaster- General has charge of 
 the general financial business of the department, pro 
 vides stamps and stamped envelopes, receives the quar 
 terly returns from Postmasters, and superintends the 
 dead-letter office. This is the Finance Office. 
 
 The office of the Superintendent of the Money-order 
 System is now a bureau, like the three just mentioned, 
 with its chief clerk. The salary of the head of this 
 bureau is $3000. 
 
 In the office of the Superintendent of Foreign Mails 
 there is also a chief clerk. The salary of the Superin 
 tendent is $3000. 
 
 There are six Chief Clerks, viz., in the Post-office De 
 partment, in the Appointment Office, in the Contract 
 Office, in the Finance Office, in the Money-order Office, 
 and in the Office of Foreign Mails. Formerly there 
 was but one in the Post-office Department and his 
 office was regarded as a bureau, and called the Inspection 
 Office. He is now the clerk for the Postmaster-General, 
 as the others are for the heads of the bureaus. 
 
 DEPARTMENT OF JUSTICE. 
 
 This department was created by act of Congress, 
 June 22d, 1870. The Attorney-General is the head of 
 it. While the Department of Justice has been quite 
 recently established, the office of Attorney-General was 
 created in 1789; and this officer, though without a 
 "department," has always been recognized as a mem 
 ber of the Cabinet. 
 
 The act of September 24th, 1789, made it his duty 
 to prosecute and conduct all suits in the Supreme 
 Court in which the United States should be concerned, 
 and to give his advice and opinion upon questions of 
 law when required by the President, or when requested 
 by the heads of any of the departments touching any 
 matters concerning their departments. 
 
 These opinions are furnished in writing, and subse- 
 
DEPARTMENT OF JUSTICE. 353 
 
 quently printed. They now form many volumes, and 
 are consulted by the various departments. 
 
 In 1861 he was charged with the general superintend 
 ence of the attorneys and marshals of all the judicial 
 districts in the United States and the Territories. 
 He was also authorized to employ counsel to aid dis 
 trict-attorneys in the discharge of their duties. He 
 examines the title of lands which the government 
 proposes to purchase for forts, dock-yards, custom 
 houses, or other public purposes. 
 
 In 1859 the Attorney-General was authorized to ap 
 point an Assistant. In 1868 Congress provided that, 
 in place of this and three other officers, the President 
 should appoint two Assistant Attorneys-General. 
 
 Though the Attorney-General had a seat in the 
 Cabinet from the first, his salary was much below 
 the others. It was fixed, in 1789, at $1500 that of 
 the Secretary of War being $3000, and those of the 
 Secretaries of State and the Treasury, $3500. In 1797, 
 it was made $2000; in 1799, $3000; in 1819, $3500; in 
 1830, $4000; and in 1850 it was made equal to lhat of 
 the other members of the Cabinet $6000. In 1853 it 
 was made $8000; in 1873, 10,000; and in 1874, $8000. 
 
 The following persons have held the office of Attor 
 ney-General : 
 
 Edmund Randolph, Va., appointed, Sept. 26, 1789. 
 
 William Bradford, Penn., " Jan. 28, 1794. 
 
 Charles Lee, Va., Dec. 10, 1795. 
 
 Theophilus Parsons, Mass., " Feb. 20, 1801. 
 
 Levi Lincoln, Mass., " March 5, 1801. 
 
 Robert Smith, Md., March 2, 1805. 
 
 John Breckenridge, Ky., " Aug. 7, 1805. 
 
 Caesar A. Rodney, Del., Jan. 20, 1807. 
 
 William Pinckney, Md., " Dec. 11, 1811. 
 
 Richard Rush, Penn., " Feb. 10, 1814. 
 
 William Wirt, Va., " Nov. 13, 1817. 
 C. G. 30. 
 
354 
 
 THE EXECUTIVE DEPARTMENT. 
 
 J. McPherson Berrien, Ga., appointed March 9, 1829 
 
 Roger B. Taney, Md., 
 
 Benjamin F. Butler, N. Y., 
 
 Felix Grundy, Tenn., 
 
 Henry D. Gilpin, Penn., 
 
 John J. Crittenden, Ky., 
 
 Hugh S. Legare, S. C., 
 
 John Nelson, Md., 
 
 John Y. Mason, Va., 
 
 Nathan Clifford, Maine, 
 
 Isaac Toucey, Conn., 
 
 Reverdy Johnson, Md., 
 
 John J. Crittenden, Ky., 
 
 Caleb Gushing, Mass., 
 
 Jeremiah S. Black, Penn., 
 
 Edwin M. Stanton, Penn., 
 
 Edward Bates, Mo., 
 
 James Speed, Ky., 
 
 Henry Stanbery, Ohio, 
 
 William M. Evarts, N. Y., 
 
 E. R. Hoar, Mass., 
 
 Amos T. Akerman, Ga., 
 
 Geo. H: Williams, Oregon, 
 
 Edwards Pierrepont, N. Y., 
 
 Alphonso Taft, Ohio, 
 Charles Devens, 
 
 July 20, 1831. 
 Nov. 15, 1833. 
 Sept. 1, 1838. 
 Jan. 10, 1840. 
 March 5, 1841. 
 Sept. 13, 1841. 
 July 1, 1843. 
 March 5, 1845. 
 Oct. 17, 1846. 
 June 21, 1848. 
 March 7, 1849. 
 July 20, 1850. 
 March 7, 1853. 
 March 6, 1857. 
 Dec. 20, 1860. 
 March 5, 1861. 
 Dec. 14, 1864. 
 July 23, 1866. 
 July 15, 1868. 
 March 5, 1869, 
 July 8, 1870. 
 Jan. 9, 1872. 
 April 26, 1875. 
 May 22, 1876. 
 March 10, 1877. 
 
 Mass., 
 
 The Solicitor-General is next in rank to the Attor 
 ney-General. The act of 1870 continued the two 
 Assistant Attorneys-General already authorized by the 
 act of 1868. The act also transferred to the Department 
 of Justice the Solicitor of the Treasury and his assist 
 ants, and the Solicitor of Internal Revenue, from the 
 Treasury Department, the Naval Solicitor from that of 
 the Navy, and the Examiner of Claims from the De 
 partment of State. All these officers were to be ap 
 pointed by the President and Senate. 
 
DEPARTMENT OF JUSTICE. 355 
 
 The Attorney-General makes an annual report to 
 Congress. He may require any officer of the depart 
 ment to perform any duties required of the department 
 or any officer thereof; and the officers of the law depart 
 ment, under his direction, shall give all opinions and 
 render all services necessary to enable the President 
 and the officers of the Executive Department to dis 
 charge their duties. The Secretaries of the various 
 departments are not to employ counsel at the expense 
 of the United States, but to call upon the Department 
 of Justice for the legal service they need. 
 
 In 1871 a third Assistant Attorney-General was au 
 thorized, with the same salary as the others. There is 
 now a fourth, called the Assistant Attorney-General of 
 the Post-office Department. 
 
 The following are the principal officers in the Depart 
 ment of Justice, with their salaries : 
 
 At tor ney-G e n eral, $8 ,000. 
 
 Solicitor-General, 7,000. 
 
 Assistant Attorney-General, 5.000. 
 
 Ass t Att.-Gen. at the Court of Claims, 5,000. 
 Ass t Att.-Gen. in the Department of the Interior, 5,000. 
 
 Ass t Att.-Gen. in the Post-office Department, 4,000. 
 
 Solicitor of Internal Revenue, 4,500. 
 
 Naval Solicitor, 3,500. 
 
 Examiner of Claims, 3,500. 
 
 Solicitor of Treasury, 4,500. 
 
 Assistant Solicitor, 3,000. 
 
 There are many persons employed in the various 
 departments at Washington, under different designa 
 tions, as Clerks, Copyists, Messengers, Laborers, etc. 
 The great body of Clerks are divided into classes 
 known as first, second, third, and fourth. The first 
 class receive $1200 a year; the second, $1400; the third, 
 $1600; and the fourth, $1800. There are a few who, as 
 Disbursing Clerks, or Chiefs of Divisions, etc., receive 
 
356 THE JUDICIAL DEPARTMENT. 
 
 from $2000 to $2800. The Examiners-in-chief in the 
 Patent-office receive $3000; the Examiners twenty 
 or more $2500. Female Clerks and Copyists gener 
 ally receive $900 a year. Messengers, $840; Assistant 
 Messengers, Watchmen, and Laborers, $720. 
 
 THE JUDICIARY. 
 
 A full account of the United States Courts has been 
 given in a former part of this work. 
 
 The following is a list of Chief Justices of the Su 
 preme Court of the United States : 
 
 JOHN JAY, New York, appointed September 26th, 
 1789. He was confirmed Envoy Extraordinary to Eng 
 land, April 19th, 1794. Resigned as Chief Justice. 
 
 JOHN RUTLEDGE, South Carolina, appointed July 1st, 
 
 1795, in recess of Senate, and presided at the August 
 term of the Court. Rejected by the Senate, December 
 15th, 1795. 
 
 WILLIAM GUSHING, Massachusetts, appointed by Presi 
 dent and Senate, January 27th, 1796. Declined. 
 OLIVER ELLSWORTH, Connecticut, appointed March 4th, 
 
 1796. Appointed Envoy Extraordinary and Minister 
 Plenipotentiary to France, February 27th, 1799. Re 
 signed as Chief Justice. 
 
 JOHN JAY, New York, appointed by President and 
 Senate, December 19th, 1800. Declined. 
 
 JOHN MARSHALL, Virginia, appointed January 31st, 
 1801. He held the office nearly thirty-five years, till 
 his death, July 6th, 1835. 
 
 ROGER B. TANEY, Maryland, appointed March 15th, 
 1836. He presided twenty-eight years, till his death, 
 October 12th, 1864. 
 
 SALMON P. CHASE, Ohio, appointed December 6th, 
 1864. Died in office, May 7th, 1873. 
 
 MORRISON R. WAITE, Ohio, appointed January 21st, 
 1874. 
 
ASSOCIATE JUSTICES OF THE SUPREME COURT. 357 
 
 The following is a list of the Associate Justices: 
 
 Term of 
 
 John Rutledge, 
 
 S. C., 
 
 1789 to 1791. 1 
 
 William Gushing, 
 
 Mass.. 
 
 1789 to 1810. 2 
 
 James Wilson, 
 
 Penn., 
 
 1789 to 1798. 2 
 
 John Blair, 
 
 Va., 
 
 1789 to 1796. 1 
 
 Robert H. Harrison, 
 
 Md., 
 
 1789 to 1790. 1 
 
 James Iredell, 
 
 N. C., 
 
 1790 to 1799. 2 
 
 Thomas Johnson, 
 
 Md., 
 
 1791 to 1793. 
 
 William Patterson, 
 
 N. J., 
 
 1793 to 1806. 2 
 
 Samuel Chase, 
 
 Md., 
 
 1796 to 1811. 2 
 
 Bushrod Washington, 
 
 Va, 
 
 1798 to 1829. 1 
 
 Alfred Moore, 
 
 N. C, 
 
 1799 to 1804. 1 
 
 William Johnson, 
 
 "8. C, 
 
 1804 to 1834. 2 
 
 Brockholst Livingston, 
 
 N. Y, 
 
 1806 to 1823. 2 
 
 Thomas Todd, 
 
 Ky, 
 
 1807 to 1826. 2 
 
 Levi Lincoln, 
 
 Mass., 
 
 Declined. 
 
 John Quincy Adams, 
 
 Mass., 
 
 Declined. 
 
 Gabriel Duval, 
 
 Md, 
 
 1811 to 1835. 1 
 
 Joseph Story, 
 
 Mass., 
 
 1811 to 1845. 2 
 
 Smith Thompson, 
 
 N. Y, 
 
 1823 to 1843. 2 
 
 Robert Trimble, 
 
 Ky, 
 
 1826 to 1828, 2 
 
 John McLean, 
 
 Ohio, 
 
 1829 to 1861. 2 
 
 Henry Baldwin, 
 
 Penn, 
 
 1830 to 1846. 2 
 
 James M. Wayne, 
 
 Ga, 
 
 1835 to 1867. 2 
 
 Philip P. Barbour, 
 
 Va, 
 
 1836 to 1841. 2 
 
 John Catron, 
 
 Term., 
 
 1837 to 1865. 2 
 
 William Smith, 
 
 Ala, 
 
 Declined. 
 
 John McKinley, 
 
 Ala, 
 
 1837 to 1852. 2 
 
 Peter V. Daniel, 
 
 Va, 
 
 1841 to I860. 2 
 
 Samuel Nelson, 
 
 N. Y, 
 
 1845 to 1872. 3 
 
 Levi Woodbury, 
 
 N.H, 
 
 1845 to 1851. 2 
 
 Robert C. Grier, 
 
 Penn., 
 
 1846 to 1870. 3 
 
 Benjamin R. Curtis, 
 
 Mass., 
 
 1851 to 1857. 1 
 
 John A. Campbell, 
 
 Ala., 
 
 1853 to 1856. 1 
 
 Resigned. 2 Died. 3 Resigned, with salary continued. 
 
358 THE JUDICIAL DEPARTMENT. 
 
 Term of 
 
 Nathan Clifford, Maine 1858 to - 
 
 Noah H. Swayne, Ohio, 1862 to - 
 
 Samuel F. Miller, Iowa, 1862 to - 
 
 David Davis, 111., 1862 to 1877. 1 
 
 Stephen J. Field, CaL, 1863 to . * 
 
 William Strong, Perm., 1870 to - 
 
 Joseph P. Bradley, N. J., 1870 to 
 
 Ward Hunt, N. Y., 1872 to - 
 
 John M. Harlan, Ky., 1877 to - 
 
 The thirty-eight States are divided into nine Judi 
 cial Circuits, each having its own Circuit Judge, and to 
 each one of which a Justice of the Supreme Court is 
 allotted by order of that Court. The Circuits are as 
 follows : 
 
 1st. Maine, Massachusetts, New Hampshire, Rhode 
 Island. 
 
 2d. Connecticut, New York, Vermont. 
 
 3d. Pennsylvania, New Jersey, Delaware. 
 
 4th. Maryland, West Virginia, Virginia, North Caro 
 lina, South Carolina. 
 
 5th. Georgia, Florida, Alabama, Mississippi, Louisi 
 ana, Texas. 
 
 6th. Ohio, Michigan, Kentucky, Tennessee. 
 
 7th. Indiana, Illinois, Wisconsin. 
 
 8th. Minnesota, Iowa, Missouri, Kansas, Arkansas, 
 Nebraska, Colorado. 
 
 9th. California, Oregon, Nevada. 
 
 The Judges of the Circuits are as follows : 
 
 Circuit. Supreme Judge. Circuit Judge. 
 
 1st. Nathan Clifford, George F. Shepley. 
 
 2d. Ward Hunt, Samuel Blatchford. 
 
 3d. William Strong, William McKennan, 
 
 4th. Chief Justice, Hugh L. Bond. 
 
 1 Resigned, March, 1877. 
 
COMPENSATION OF JUDGES. 359 
 
 Circuit. Supreme Judge. Circuit Judge. 
 
 5th. Joseph P. Bradley, William B. Woods. 
 
 6th. Noah H. Swayne, John Baxter. 
 
 7th. John M. Harlan, Thomas Drummond. 
 
 8th. Samuel F. Miller, John F. Dillon. 
 
 9th. Stephen J. Field, Lorenzo Sawyer. 
 
 The salary of the Chief Justice of the Supreme Court 
 is $10,500; that of each Associate Justice, $10,000. The 
 Circuit Judges receive each 6000, and the District 
 Judges, fifty-one in numher, from $3500 to $5000 each. 
 The Chief Justice of the Supreme Court of the District 
 of Columbia receives $4500, and each of the Associate 
 Justices the same sum ; the same salaries are paid in 
 the Court of Claims. 
 
 In each organized Territory there are a Chief Justice 
 and two Associates, appointed by the President and 
 Senate for four years. They receive $2600 each. 
 
 The Marshal and Reporter of the Supreme Court are 
 appointed by the Court, and receive salaries; the for 
 mer $3000, the latter $2500. 
 
 The Attorney and Marshal for the District Courts, 
 who are officers of the Circuit Courts also, are appointed 
 by the President and Senate, and receive each a salary 
 of $200 and fees. 
 
CHAPTER VIII. 
 
 THE STATE GOVERNMENTS. 
 
 In chapter VI an account has been given of the 
 twenty-four States which have been admitted to the 
 Union since the adoption of the Constitution. The 
 thirteen original States were colonies until the Decla 
 ration of Independence. By that act the individual 
 colonies were transformed into States, and the thirteen 
 United Colonies assumed their position as a nation, 
 under the name of the United States. The colonies 
 had exercised some of the powers of government, while 
 they acknowledged a common allegiance to Great Brit 
 ain. " By the Declaration of Independence the sover 
 eignty of the thirteen colonies passed from the crown 
 to the people dwelling in them, not as an aggregate 
 body, but as forming States endowed with the functions 
 necessary for their separate existence ; also States in 
 Union." l 
 
 The nation began its existence on the fourth day of 
 July, 1776; and on the same day each of the thirteen 
 colonies was transformed into a State became an in 
 tegral part of the nation. Each of the new States be 
 came such, when, having adopted a constitution, it was 
 admitted into the Union by Congress. But the old 
 thirteen did not become States by the formation of a 
 constitution, nor by a Congressional vote of admission. 
 They were made States by the Declaration of Independ 
 ence. No one of the thirteen was a State prior to that 
 
 l Frothingham fl Rise of the Republic, p. 561. 
 
 (360) 
 
NO STATES BEFORE THE DECLARATION. 361 
 
 day, though a few of them had established temporary 
 forms of government, by the recommendation of Con 
 gress. Each was a State from that day, though some 
 formed no State constitutions until months, and, in 
 some cases, years, had elapsed. Massachusetts remained 
 under her colonial charter till 1780, Connecticut till 
 1818, and Rhode Island till 1842. 
 
 In the latter part of 1775 Congress had recommended 
 to New Hampshire, South Carolina, and Virginia, to 
 modify their local governments, to "continue during 
 the dispute with Great Britain." And in May, 1776, 
 a like recommendation was made to "the several colo 
 nies where no governments sufficient to the exigencies 
 of their affairs had been established." In accordance 
 with these recommendations New Hampshire, South 
 Carolina, Virginia, and New Jersey all being royal col 
 onies provided themselves with governments adapted 
 to their necessities. But, in at least three of these four 
 cases, the governments were expressly declared to be 
 temporary, to continue until the unhappy differences 
 between Great Britain and America should be settled. 
 Of the body that framed the constitution of Virginia 
 in 1776, Mr. Jefferson says: "They received in their 
 creation no powers but what were given to every leg 
 islature before or since. They could not, therefore, pass 
 an act transcendent to the powers of other legislatures." 
 And of the instrument itself he says : " It pretends to 
 no higher authority than the other ordinances of the 
 same session." Such instruments could hardly be called 
 constitutions. 
 
 Including the four already mentioned, the thirteen 
 local governments were modified, or established, as 
 follows : 
 
 New Hampshire, January 5, 1776. 
 
 South Carolina, March 26, 1776. 
 
 Virginia, June 29, 1776. 
 
 New Jersey, July 2, 1776. 
 
 C. G. 31. 
 
362 THE STATE GOVERNMENTS. 
 
 Delaware, September 20, 1776. 
 
 Pennsylvania, September 28, 1776. 
 
 Maryland, November 8, 1776. 
 
 North Carolina, December 18, 1776. 
 
 Georgia, February 5, 1777. 
 
 New York, April 20, 1777. 
 
 Massachusetts, March 2, 1780. 
 
 Connecticut, September 16, 1818. 
 
 Rhode Island, November 23, 1842. 
 
 Most of the States have altered their constitutions, 
 some of them a number of times. Connecticut and 
 Rhode Island had no other constitutions than their co 
 lonial charters till 1818 and 1842; and the constitutions 
 then adopted still remain. Massachusetts, which formed 
 her first constitution in 1780, adopted a new one in 1820, 
 which is still in force. 
 
 The State constitutions resemble each other in their 
 general provisions, while they differ in particulars. 
 THE CONSTITUTION OF ILLINOIS, adopted in 1870, may 
 be taken as fairly illustrating the general principles 
 of these instruments. It contains fourteen articles, as 
 follows : 
 
 I. Boundaries of the State. 
 
 II. Bill of Rights. 
 
 III. Distribution of Powers. 
 
 IV. Legislative Department. 
 V. Executive Department. 
 
 VI. Judicial Department. 
 
 VII. Suffrage. 
 
 VIII. Education. 
 
 IX. Revenue. 
 
 X. Counties. 
 
 XI. Corporations. 
 
 XII. Militia. 
 
 XIII. Warehouses. 
 
 XIV. Amendments to the Constitution. 
 
THE CONSTITUTION OF ILLINOIS. 365 
 
 The Bill of Rights contains twenty sections, relating 
 to liberty of conscience, trial by jury, etc. 
 
 The Powers are three the Legislative, the Executive, 
 and the Judicial. 
 
 The Legislative power is vested in a General Assembly, 
 consisting of a Senate and House of Representatives, 
 both to be elected by the people. 
 
 The State is to be divided every ten years, into fifty- 
 one senatorial districts, in each of which a Senator is 
 to be elected for four years. Half of the Senators go 
 out every two years. Three Representatives are elected 
 from each senatorial district, to serve two } r ears. The 
 election is on the Tuesday next after the first Monday 
 in November of the even years. (This is the day for 
 the election of members of Congress throughout the 
 United States, commencing with 1876. The presiden 
 tial election will come also 011 the same day.) 
 
 A Senator must be twenty-five years of age, and a 
 Representative twenty -one; and each must have been 
 a citizen of the United States five years, and a resident 
 of the district two years. 
 
 The Representatives are elected on the principle of 
 "minority representation." "Each qualified voter may 
 cast as many votes for one candidate as there are Rep 
 resentatives to be elected, or may distribute the same, 
 or equal parts thereof, among the candidates, as he shall 
 see fit." The legislature holds annual sessions. 
 
 A majority is a quorum in each House. The yeas and 
 nays must be called on the request of five members 
 in the House, and two in the Senate. The vote on 
 the final passage of every bill must be by yeas and 
 nays. No bill can become a law without the votes of 
 a majority of the members elected to each House. No 
 act can contain more than one subject, which must be 
 expressed in its title. No law takes effect till the first 
 of July after its passage, unless the legislature, by a 
 vote of two-thirds of all the members elected, direct 
 
364 THE STATE GOVERNMENTS. 
 
 otherwise. Special legislation is forbidden in enumer 
 ated cases, and in all others where general laws are 
 applicable. The General Assembly can not authorize 
 lotteries, or gift enterprises; and the sale of such tickets 
 must be prohibited by law. 
 
 The Executive Department consists of a Governor, Lieu- 
 tenant-Governor, Secretary of State, Auditor, Treasurer, 
 Superintendent of Public Instruction, and Attorney- 
 General. These hold office for four years, except the 
 Treasurer, who holds for two years, and is ineligible 
 for two years next after the end of his term. The Gov 
 ernor and Lieutenant-Governor must be thirty years of 
 age. The Governor may grant pardons after conviction. 
 He may veto bills, but the veto may be overcome by 
 the votes of two-thirds of the members elected to each 
 House. The Executive officers are elected at the same 
 time with the Legislative. 
 
 The Judicial powers are vested in one Supreme Court, 
 Circuit Courts, County Courts, Justices of the Peace, 
 Police Magistrates, and such Courts as may be created 
 by law for cities and towns. The Supreme Court con 
 sists of seven Judges, elected from seven districts, for 
 nine years. Four make a quorum, and the concurrence 
 of four is necessary for every decision. They choose one 
 of their number Chief Justice. A Judge of this Court 
 must be thirty years of age. There is one Circuit Judge 
 in each judicial circuit, which must contain a popula 
 tion of not less than 100,000. The Circuit Judge must 
 be twenty-five years of age, and is elected for six years. 
 Both Supreme and Circuit Judges are elected on the first 
 Monday of June. The County Judge is elected for four 
 years, and a State s Attorney in each county for the 
 same time. Counties with 50,000 inhabitants may have 
 Probate Courts. Any Judge may be removed from office 
 by the votes of three-fourths of the members elected to 
 each House. All Judges of courts of record below the 
 Supreme Court make written reports to the Supreme 
 
THE CONSTITUTION OF ILLINOIS. 365 
 
 Judges each year of such defects and omissions in the 
 laws as their experience may suggest; and the Judges 
 of the Supreme Court make report to the Governor, an 
 nually, of any defects and omissions in the constitution 
 and laws, with appropriate forms of bills to cure such 
 defects in the laws. The salaries of the Judges of the 
 Supreme and Circuit Courts, and those of the Execu 
 tive officers named in the constitution, and the pay of 
 the members of the Legislature, can not be increased 
 or diminished during their term of office. 
 
 The right of Suffrage belongs to every male citizen 
 of the United States, of the age of twenty-one years, 
 having resided one year in the State, ninety days in 
 the County, and thirty days in the election district. 
 All votes must be by ballot. 
 
 The constitution encourages Education by requiring 
 the General Assembly to provide an efficient system of 
 free schools. Public schools must not be sectarian, and 
 public property must not be granted for sectarian pur 
 poses. County Superintendents are authorized. 
 
 The article on Revenue provides that all persons and 
 corporations shall pay taxes in proportion to the value 
 of their property; but peddlers, auctioneers, etc., may be 
 taxed as the General Assembly may direct by general 
 law. Property used exclusively for agricultural and 
 horticultural societies, for school, religious, cemetery, and 
 charitable purposes, may be exempted from taxation. 
 No municipal indebtedness may be incurred exceeding 
 five per centum on the value of the taxable property. 
 
 The County Officers are a Judge, Sheriff, County Clerk. 
 Clerk of the Circuit Court (who may be ex-officio Re 
 corder of deeds), Treasurer, Surveyor, and Coroner, who 
 hold office for four years, except the Treasurer, Sheriff, 
 and Coroner, who hold for two years. The General As 
 sembly shall provide by general law for township or 
 ganization, under which any county may organize by a 
 majority vote; in this case the fiscal affairs of the 
 
366 THE STATE GOVERNMENTS. 
 
 county may be transacted as the General Assembly shall 
 direct. Other counties will be managed by a " Board 
 of County Commissioners," consisting of three officers, 
 elected for three years. 
 
 Corporations can be created only by general laws. In 
 elections for directors of incorporated companies, cumu 
 lative voting is allowed. The State can not own stock 
 in any banking company. No act of the General As 
 sembly creating corporations with banking powers shall 
 go into effect till approved by a majority of the electors. 
 If a banking law be enacted, bills must be secured by 
 deposit, to the full amount thereof, of stocks of the 
 United States or Illinois, to be rated at ten per cent be 
 low their par value. Railroad corporations must keep 
 open to public inspection their books of transfer of 
 stocks, and the directors must make annual reports, un 
 der oath, of their doings, including whatever may be 
 prescribed by law. No railroad corporation shall con 
 solidate its property with another owning a parallel or 
 competing line; and no consolidation shall take place 
 without public notice, of at least sixty days, to all stock 
 holders. Railways are declared public highways, and 
 reasonable maximum charges shall be established by 
 law. Stock dividends and other fictitious increase of 
 capital stock are void. 
 
 Article twelfth relates to the Militia, and article thir 
 teenth to Warehouses. 
 
 Amendments to the constitution may be made by a 
 constitutional convention, or be proposed by the legisla 
 ture. If two-thirds of the members of each House vote 
 to call a convention, the question shall be submitted to 
 the people ; and any amendments made by a convention 
 thus called shall be submitted to the electors for ap 
 proval. The legislature, by a vote of two-thirds of the 
 members elected to each House, may propose amend 
 ments, which shall be voted on by the people; but 
 amendments to more than one article can not be pro- 
 
TERM OF OFFICE OF THE GOVERNOR. 367 
 
 posed at the same session of the legislature, nor to the 
 same article oftener than once in four years. 
 
 Besides the fourteen articles there are three separate 
 sections. The first forbids the legislature from ever re 
 leasing the Illinois Central Railroad from its obligations 
 to the State. The second provides that there shall be 
 no municipal subscriptions to railroads or private cor 
 porations. The third provides that the Illinois and 
 Michigan Canal shall never be sold or leased without 
 a vote of the electors, and that the General Assembly 
 shall never loan the credit of the State, or make ap 
 propriations from the treasury thereof, in aid of rail 
 roads or canals. 
 
 The State governments resemble each other and 
 the general government in having the three divis 
 ions, Executive, Legislative, and Judicial. They differ 
 in many particulars, as the power of the Executive, 
 the right of suffrage, the mode of election, the term 
 of office, etc. 
 
 In Maine, New Hampshire, and Massachusetts, there 
 is an Executive Council ranging from five to eight in 
 number with whom the Governor advises as to ap 
 pointments, pardons, etc. 
 
 In each of the New England States, the Governor is 
 elected annually. In New York, Ohio, Wisconsin, Iowa, 
 Minnesota, and Kansas, the term is two years; in New 
 Jersey it is three; and in Pennsylvania, Delaware, 
 Maryland, Illinois, California, and Oregon, it is four. 
 In some States the Governor has the veto power. 
 
 In most of the States the Secretary of State, Treasurer, 
 Auditor, Attorney -General, etc., are elected by the people. 
 In Maine, these officers are all chosen by the legisla 
 ture. In New Hampshire, the Governor appoints the 
 Attorney-General; and the Treasurer and Secretary of 
 State are chosen by the legislature. In New Jersey, the 
 Governor and Senate appoint the Secretary of State, 
 
368 THE STATE GOVERNMENTS. 
 
 and the legislature choose the Treasurer. In Maryland, 
 the Secretary of State is appointed by the Governor, the 
 Comptroller is elected by the people, and the legislature 
 choose the Treasurer. 
 
 In all the New England States the Senators and Repre 
 sentatives are elected annually. In Ohio, Michigan, etc,, 
 tney are elected for two years. In New York, the Sen 
 ators are for two years, and the Representatives for one. 
 In New Jersey, the Senators are chosen for three years; 
 the Representatives, for one. In Pennsylvania, Del 
 aware, Maryland, Indiana, and Illinois, the Senators 
 are for four years, and the Representatives for two. 
 The ratio of the number of Senators to that of Repre 
 sentatives is usually about as one to three; though in 
 Massachusetts, it is as one to six ; in Vermont, as one to 
 eight ; and in New Hampshire, as one to twenty-five. 
 In most of the States the two Houses are called the Gen 
 eral Assembly, but in Massachusetts and New Hamp 
 shire they are called the General Court. In New York, 
 the lower House is called The Assembly; and in Vir 
 ginia and West Virginia, The House of Delegates. 
 
 In Maine, the Judges of the Supreme Court are ap 
 pointed by the Governor and Council, for seven years. 
 In New Hampshire and Massachusetts, they are ap 
 pointed in the same way, and hold office during good 
 behavior. In Vermont, the legislature elect the Judges 
 annually. In Connecticut, the legislature elect the 
 Judges for eight years. In New Jersey, the Supreme 
 Judges are appointed by the Governor and Senate for 
 seven years, and the Circuit Judges for six. In Dela 
 ware, the Governor appoints all the Judges, and they 
 hold office during good behavior. The Supreme Judges 
 are elected by the people, in Ohio, for five years; in 
 Wisconsin, Iowa, Kansas, and Oregon, for six; in Indi 
 ana and Minnesota, for seven; in Michigan, for eight; 
 in Illinois, for nine; in Maryland and California, for 
 ten; in Pennsylvania, for twenty-one. 
 
THE JUDGES SUFFRAGE. 369 
 
 By the new constitution of Pennsylvania the Gov 
 ernor and Supreme Judges can not be re-elected. 
 
 In a number of States suffrage was formerly limited 
 to "white" persons, but the Fifteenth Amendment to 
 the Constitution renders this limitation inoperative. 
 Twenty-five States require the voter to be a citizen of 
 the United States; the remaining twelve make the 
 legal declaration of intention to become a citizen suffi 
 cient. A residence of one year in the State is generally 
 required, though a number make six months sufficient ; 
 and Kentucky requires two years. Georgia, Nevada, 
 Massachusetts, -and New Hampshire, make the pay 
 ment of taxes a requisite for voting, except in certain 
 cases. The same is the case in Delaware, for those 
 over twenty-two years of age. In Connecticut, those 
 can not vote who are "unable to read an article in 
 the constitution or any section of the statutes of the 
 State ; " and in Massachusetts, those " unable to read 
 the constitution in the English language, and write 
 their names, unless prevented by physical debility, 
 or over sixty years of age when the constitution was 
 adopted." Fifteen States exclude from suffrage those 
 who are insane; ten, those who are idiotic; seven, 
 those who are " non compos mentis" or "of unsound 
 mind;" eight, those under guardianship; seven, those 
 who are paupers; one, those supported in an alms-house 
 or asylum. 
 
 These particulars give a general idea of the sphere 
 of the State governments, and shoAV in what respects 
 their constitutions differ. It will be seen that, ordi 
 narily, the citizen has a more direct and personal rela 
 tion to the laws of the State than to those of the na 
 tion. For many" years prior to the recent war we were 
 conscious of our relation to the nation chiefly by our 
 Congressional and Presidential elections. Taxes were 
 paid to the State officials; and the laws which regulated 
 the daily life of the people came from the State legisla- 
 
370 THE STATE GOVERNMENTS. 
 
 tures and not from Congress. But during the war the 
 nation became to every man a distinct reality. 
 
 In general, the State governments have to do with 
 matters that are local and municipal, in distinction 
 from those which are general and national. The well- 
 being of the people is, of course, dependent upon both 
 governments, though State legislation bears more di 
 rectly than national upon their prosperity and happi 
 ness. There are some matters, controlled by the States, 
 in regard to which uniformity is desirable; as, for ex 
 ample, the descent of property. It is unfortunate that 
 a will, made and executed according to the forms of law 
 in one State, should subsequently be found to be invalid 
 because the death of the testator had occurred in an 
 other State, to which he had removed. 
 
 The American people, thus, constitute one nation 
 with whom is the sovereignty ; but they have a gov 
 ernment which is two-fold exists in two departments. 
 To each of these departments the nation has com 
 mitted certain governmental trusts. It might have 
 distributed these trusts differently; given more to the 
 one and less to the other. The nation may alter the 
 distribution when it pleases; for, strictly, the sover 
 eignty does not belong to the government of a nation, 
 but to the nation itself, which has established the gov 
 ernment. The people are undoubtedly competent to 
 change the character of the government, and give it 
 such form as they may think will most promote their 
 interests. But as the people of the United States are 
 also the people of the States severally, we may rest 
 satisfied that no change will ever be made which the 
 people of the States do not believe will be for their 
 common good. 
 
THE DECLARATION OF INDEPENDENCE. 
 
 IN CONGRESS, JULY 4, 1776. 
 
 THE UNANIMOUS DECLARATION OF THE THIRTEEN 
 UNITED STATES OF AMERICA. 
 
 WHEN, in the course of human events, it becomes necessary for 
 one people to dissolve the political bands which have connected 
 them with another, and to assume, among the powers of the earth, 
 the separate and equal station to which the laws of nature and of 
 nature s God entitle them, a decent respect to the opinions of man 
 kind requires that they 3hould declare the causes which impel them 
 to the separation. 
 
 We hold these truths to be self-evident : that all men are created 
 equal; that they are endowed by their Creator with certain unalien- 
 able rights; that among these are life, liberty, and the pursuit of 
 happiness; that, to secure these rights, governments are instituted 
 among men, deriving their just powers from the consent of the 
 governed ; that, whenever any form of government becomes destruc 
 tive of these ends, it is the right of the people to alter or to abolish 
 it, and to institute a new government, laying its foundation on such 
 principles, and organizing its powers in such form, as to them shall 
 seem most likely to effect their safety and happiness. Prudence, 
 indeed, will dictate, that governments long established, should not be 
 changed for light and transient causes; and, accordingly, all expe 
 rience hath shown that mankind are more disposed to suffer, while 
 evils are suflferable, than to right themselves by abolishing the forms 
 to which they are accustomed. But when a long train of abuses and 
 usurpation^, pursuing invariably the same object, evinces a design to 
 reduce them under absolute despotism, it is their right, it is their 
 duty, to throw off such a government, and to provide new guards for 
 their future security. Such has been the patient sufferance of these 
 colonies, and such is now the necessity which constrains them to 
 
 (i) 
 
11 APPENDIX. 
 
 alter their former systems of government. The history of the present 
 King of Great Britain is a history of repeated injuries and usurpa 
 tions, all having in direct object the establishment of an absolute 
 tyranny over these States. To prove this, let facts be submitted to 
 a candid world. 
 
 He has refused his assent to laws the most wholesome and neces 
 sary for the public good. 
 
 He has forbidden his governors to pass laws of immediate and 
 pressing importance, unless suspended in their operations till his 
 assent should be obtained ; and when so suspended, he has utterly 
 neglected to attend to them. 
 
 He has refused to pass other laws for the accommodation of large 
 districts of people, unless those people would relinquish the right 
 of representation in the legislature a right inestimable to them, 
 and formidable to tyrants only. 
 
 He has called together legislative bodies at places unusual, un 
 comfortable, and distant from the depository of their public records, 
 for the sole purpose of fatiguing them into compliance with his 
 measures. 
 
 He has dissolved representative houses repeatedly, for opposing, 
 with manly firmness, his invasions on the rights of the people. 
 
 He has refused, for a long time after such dissolutions, to cause 
 others to be elected, whereby the legislative powers, incapable of 
 annihilation, have returned to the people at large for their exercise; 
 the state remaining, in the meantime, exposed to all the dangers of 
 invasions from without, and convulsions within. 
 
 He has endeavored to prevent the population of these States ; for 
 that purpose obstructing the laws for the naturalization of foreigners; 
 refusing to pass others to encourage their migrations hither, and 
 raising the conditions of new appropriations of lands. 
 
 He has obstructed the administration of justice by refusing his 
 assent to laws for establishing judiciary powers. 
 
 He has made judges dependent on his will alone for the tenure 
 of their offices, and the amount and payment of their salaries. 
 
 He has erected a multitude of new offices, and sent hither swarms 
 of officers to harass our people and eat out their substance. 
 
 He has kept among us, in times of peace, standing armies, with 
 out the consent of our legislatures. 
 
 He has affected to render the military independent of, and superior 
 to, the civil power. 
 
 He has combined with others to subject us to a jurisdiction foreign 
 to our constitution, and unacknowledged by our laws; giving his 
 assent to their acts of pretended legislation : 
 
THE DECLARATION OF INDEPENDENCE. 
 
 For quartering large bodies of armed troops among us; 
 
 For protecting them, by a mock trial, from punishment for any 
 murders which they should commit on the inhabitants of these States; 
 
 For cutting off our trade with all parts of the world ; 
 
 For imposing taxes on us without our consent; 
 
 For depriving us, in many cases, of the benefits of trial by jury ; 
 
 For transporting us beyond seas to be tried for pretended offenses ; 
 
 For abolishing the free system of English laws in a neighboring 
 province, establishing therein an arbitrary government, and enlarging 
 its boundaries, so as to render it at once an example and fit instru 
 ment for introducing the same absolute rule into these colonies; 
 
 For taking away our charters, abolishing our most valuable laws, 
 and altering, fundamentally, the forms of our governments; 
 
 For suspending our own legislatures, and declaring themselves 
 invested with power to legislate for us in all cases whatsoever. 
 
 He has abdicated government here by declaring us out of his 
 protection, and waging war against us. 
 
 He has plundered our seas, ravaged our coasts, buraed our towns, 
 and destroyed the lives of our people. 
 
 He is at this time transporting large armies of foreign mercenaries 
 to complete the works of death, desolation, and tyranny, already 
 begun with circumstances of cruelty and perfidy, scarcely paralleled 
 in the most barbarous ages, and totally unworthy the head of a 
 civilized nation. 
 
 He has constrained our fellow-citizens, taken captive on the high 
 seas, to bear arms against their country, to become the executioners 
 of their friends and brethren, or to fall themselves by their hands. 
 
 He has excited domestic insurrection among us, and has endeav 
 ored to bring on the inhabitants of our frontiers the merciless Indian 
 savages, whose known rule of warfare is an undistinguished destruc 
 tion of all ages, sexes, and conditions. 
 
 In every stage of these oppressions we have petitioned for redress 
 in the most humble terms; our repeated petitions have been an 
 swered only by repeated injury. A prince whose character is thus 
 marked by every act which may define a tyrant, is unfit to be the 
 ruler of a free people. 
 
 Nor have we been wanting in attentions to our British brethren. 
 We have warned them, from time to time, of attempts by their legis 
 lature to extend an unwarrantable jurisdiction over us. We have 
 reminded them of the circumstances of our emigration and settlement 
 here. We have appealed to their native justice and magnanimity, 
 and we have conjured them, by the ties of our common kindred, to 
 disavow these usurpations, which would inevitably interrupt our con- 
 
IV APPENDIX. 
 
 nections and correspondence. They, too, have been deaf to the voice 
 of justice and of consanguinity. We must, therefore, acquiesce in the 
 necessity which denounces our separation, and hold them, as we hold 
 the rest of mankind enemies in war; in peace, friends. 
 
 We, therefore, the representatives of the UNITED STATES OF 
 AMERICA, in General Congress assembled, appealing to the Supreme 
 Judge of the world for the rectitude of our intentions, do, in the name 
 and by the authority of the good people of these colonies, solemnly 
 publish and declare, That these United Colonies are, and of right 
 ought to be, Free and Independent States; that they are absolved from 
 all allegiance to the British crown, and that all political connection 
 between them and the state of Great Britain is, and ought to be, 
 totally dissolved ; and that, as Free and Independent States, they have 
 full power to levy war, conclude peace, contract alliances, establish 
 commerce, and to do all other acts and things which Independent States 
 may of right do. And for the support of this Declaration, with a 
 firm reliance on the protection of DIVINE PROVIDENCE, we mutually 
 pledge to each* other our lives, our fortunes, and our sacred honor. 
 
 JOHN HANCOCK. 
 
 NEW HAMPSHIRE. Josiah Bartlett, William Whipple, Matthew 
 Thornton. 
 
 MASSACHUSETTS BAY. Samuel Adams, John Adams, Kobert Treat 
 Paine, Elbridge Gerry. 
 
 KHODE ISLAND, ETC. Stephen Hopkins, William Ellery. 
 
 CONNECTICUT. Roger Sherman, Samuel Huntington, William 
 Williams, Oliver Wolcott. 
 
 NEW YORK. William Floyd, Philip Livingston, Francis Lewis, 
 Lewis Morris. 
 
 NEW JERSEY. Richard Stockton, John W T itherspoon, Francis 
 Hopkinson, John Hart, Abraham Clark. 
 
 PENNSYLVANIA. Robert Morris, Benjamin Rush, Benjamin 
 Franklin, John Morton, George Clymer, James Smith, George 
 Taylor, James Wilson, George Ross. 
 
 DELAWARE. Ca?sar Rodney, George Read, Thomas M Kean. 
 
 MARYLAND. Samuel Chase, W 7 illiam Paca, Thomas Stone, Charles 
 Carroll, of Carroll ton. 
 
 VIRGINIA. George Wythe, Richard Henry Lee, Thomas Jefferson, 
 Benjamin Harrison, Thomas Nelson, Jr., Francis Lightfoot Lee, Carter 
 Braxton. 
 
 NORTH CAROLINA. William Hooper, Joseph Hewes, John Penn. 
 
 SOUTH CAROLINA. Edward Rutledge, Thomas Hey ward, Jr., 
 Thomas Lynch, Jr., Arthur Middleton. 
 
 GEORGIA. Button Gwinnett, Lyman Hall, George Walton. 
 
ARTICLES OF CONFEDERATION. 
 
 Articles of Confederation and Perpetual Union between the 
 States of New Hampshire, Massachusetts Bay, Rhode 
 Island and Providence Plantations, Connecticut, New 
 York, New Jersey, Pennsylvania, Delaware, Maryland, 
 Virginia, North Carolina, South Carolina, and Georgia. 
 
 ARTICLE I. The style of this confederacy shall be, " The United 
 States of America." 
 
 ART. II. Each State retains its sovereignty, freedom, and inde 
 pendence, and every power, jurisdiction, and right, which is not by 
 this confederation expressly delegated to the United States in Con 
 gress assembled. 
 
 ART. III. The said States hereby severally enter into a firm 
 league of friendship with each other, for their common defense, the 
 security of their liberties, and their mutual and general welfare, 
 binding themselves to assist each other against all force offered to, 
 or attacks made upon them, or any of them, on account of religion, 
 sovereignty, trade, or any other pretense Avhatever. 
 
 ART. IV. The better to secure and perpetuate mutual friendship 
 and intercourse among the people of the different States in this 
 Union, the free inhabitants of each of these States, paupers, vaga 
 bonds, and fugitives from justice excepted, shall be entitled to all 
 privileges and immunities of free citizens in the several States ; and 
 the people of each State shall have free ingress and regress to and 
 from any other State, and shall enjoy therein all the privileges of 
 trade and commerce, subject to the same duties, impositions, and 
 restrictions, as the inhabitants thereof respectively; provided that 
 such restrictions shall not extend so far as to prevent the removal of 
 property imported into any State, to any other State, of which the 
 owner is an inhabitant ; provided also, that no imposition, duties, or 
 
 (v) 
 
V1 APPENDIX. 
 
 restriction, shall be laid by any State on the property of the United 
 States, or either of them. 
 
 If any person guilty of, or charged with, treason, felony, or other 
 high misdemeanor in any State, shall flee from justice, and be found 
 in any of the United States, he shall, upon demand of the governor 
 or executive power of the State from which he fled, be delivered up, 
 and removed to the State having jurisdiction of his offense. 
 
 Full faith and credit shall be given, in each of these States, to the 
 records, acts, and judicial proceedings of the courts and magistrates 
 of every other State. 
 
 ART. V. For the more convenient management of the general 
 interests of the United States, delegates shall be annually appointed 
 in such manner as the legislature of each State shall direct, to meet 
 in Congress on the first Monday in November, in every year, with a 
 power reserved to each State to recall its delegates, or any of them, 
 at any time within the year, and to send others in their stead, for the 
 remainder of the year. 
 
 No State shall be represented in Congress by less than two, nor 
 by more than seven members; and no person shall be capable of 
 being a delegate for more than three years, in any term of six years; 
 nor shall any person, being a delegate, be capable of holding any 
 office under the United States, for which he, or another for his bene 
 fit, receives any salary, fees, or emolument of any kind. 
 
 Each State shall maintain its own delegates in any meeting of 
 the States and while they act as members of the committee of 
 the States. 
 
 In determining questions in the United States in Congress assem 
 bled, each State shall have one vote. 
 
 Freedom of speech and debate in Congress shall not be impeached 
 or questioned in any court or place out of Congress; and the mem 
 bers of Congress shall be protected in their persons from wrests and 
 imprisonments during the time of their going to and from, and attend 
 ance on, Congress, except for treason, felony or breach of the peace. 
 
 ART. VI. No State, without the consent of the United States, in 
 Congress assembled, shall send any embassy to, or receive any em 
 bassy from, or enter into any conference, agreement, alliance, or 
 treaty, with any king, prince or state; nor shall any person holding 
 any office of profit or trust under the United States, or any of them, 
 accept of any present, emolument, office, or title of any kind what 
 ever, from any king, prince, or foreign state ; nor shall the United 
 States, in Congress assembled, or any of them, grant any title of 
 nobility. 
 
 No two or more Stat s shall enter into any treaty, confederation, 
 
ARTICLES OF CONFEDERATION. vil 
 
 or alliance whatever, between them, without the consent of the United 
 States, in Congress assembled, specifying accurately the purposes for 
 which the same is to be entered into, and how long it shall continue. 
 
 No State shall lay any imposts or duties which may interfere with 
 any stipulations in treaties, entered into by the United States, in Con 
 gress assembled, with any king, prince, or state, in pursuance of any 
 treaties already proposed by Congress to the courts of France and 
 Spain. 
 
 No vessels of war shall be kept up in time of peace, by any State, 
 except such number only as shall be deemed necessary, by the United 
 States, in Congress assembled, for the defense of such State or its 
 trade ; nor shall any body of forces be kept up, by any State, in time of 
 peace, except such number only as, in the judgment of the United 
 States, in Congress assembled, shall be deemed requisite to garrison 
 the forts necessary for the defense of such State ; but every State shall 
 always keep up a well regulated and disciplined militia, sufficiently 
 armed and accoutered, and shall provide and constantly have ready 
 for use, in public stores, a due number of field-pieces and tents, and a 
 proper quantity of arms, ammunition, and camp equipage. 
 
 No State shall engage in any war without the consent of the United 
 States, in Congress assembled, unless such State be actually invaded 
 by enemies, or shall have received certain advice of a resolution 
 being formed by some nation of Indians to invade such State, and 
 the danger is so imminent as not to admit of a delay till the United 
 States, in Congress assembled can be consulted; nor shall any State 
 grant commissions to any ships or vessels of war, nor letters of 
 marque or reprisal, except it be after a declaration of war by the 
 United States, in Congress assembled, and then only against the 
 kingdom or state, and the subjects thereof, against which war has 
 been so declared, and under such regulations as shall be established 
 by the United States, in Congress assembled, unless such State be 
 infested by pirates, in which case vessels of war may be fitted out 
 for that occasion, and kept so long as the danger shall continue, 
 or until the United States, in Congress assembled, shall determine 
 otherwise. 
 
 ART. VII. When land forces are raised by any State, for the 
 common defense, all officers of, or under the rank of colonel, shall 
 be appointed by the legislature of each State respectively by whom 
 such forces shall be raised, or in such manner as such State shall 
 direct, and all vacancies shall be filled up by the State which first 
 made the appointment. 
 
 ART. VIII. All charges of war, and all other expenses that shall 
 be incurred for the common defense or general welfare, arid allowed 
 C. G. 32. 
 
Vlll APPENDIX. 
 
 by the United States, in Congress assembled, shall be defrayed out 
 of a common treasury, which shall be supplied by the several States, 
 in proportion to the value of all land within each State, granted 
 to, or surveyed for, any person, as such land and the buildings and 
 improvements thereon shall be estimated, according to such mode 
 as the United States, in Congress assembled, shall, from time to time, 
 direct and appoint. The taxes for paying that proportion shall be 
 laid and levied by the authority and direction of the legislatures 
 of the several States, within the time agreed upon by the United 
 States, in Congress assembled. 
 
 ART. IX. The United States, in Congress assembled, shall have 
 the sole and exclusive right and power of determining on peace 
 and war, except in the cases mentioned in the sixth Article; of send 
 ing and receiving ambassadors; entering into treaties and alliances, 
 provided that no treaty of commerce shall be made, whereby the 
 legislative power of the respective States shall be restrained from, 
 imposing such imposts and duties on foreigners, as their own people 
 are subjected to, or from prohibiting the exportation or importation 
 of any species of goods or commodities whatsoever; of establishing 
 rules for deciding, in all cases, what captures on land or water shall 
 be legal, and in what manner prizes taken by land or naval forces 
 in the service of the United States, shall be divided or appropriated ; 
 of granting letters of marque and reprisal in times of peace; ap 
 pointing courts for the trial of piracies and felonies committed on 
 the high seas; and establishing courts for receiving and determining 
 finally appeals in all cases of captures; provided that no member of 
 Congress shall be appointed a judge of any of the said courts. 
 
 The United States, in Congress assembled, shall also be the last 
 resort on appeal, in all disputes and differences now subsisting, or 
 that hereafter may arise between two or more States concerning 
 boundary, jurisdiction, or any other cause whatever ; which authority 
 shall always be exercised in the manner following: Whenever the 
 legislative or executive authority, or lawful agent of any State in 
 controversy with another, shall present a petition to Congress, stating 
 the matter in question, and praying for a hearing, notice thereof shall 
 be given by order of Congress, to the legislative or executive au 
 thority of the other State in controversy, and a day assigned for the 
 appearance of the parties by their lawful agents, who shall then be 
 directed to appoint, by joint consent, commissioners or judges to con 
 stitute a court for hearing and determining the matter in question ; 
 but if they can not agree, Congress shall name three persons out of 
 each of the United States, and from the list of such persons each 
 party shall alternately strike out one, the petitioners beginning, until 
 
ARTICLES OF CONFEDERATION. IX 
 
 the number shall be reduced to thirteen; and from that number not 
 less than seven nor more than nine names, as Congress shall direct, 
 shall, in the presence of Congress, be drawn out by lot; and the per 
 sons whose names shall be so drawn, or any five of them, shall be 
 commissioners or judges, to hear and finally determine the contro 
 versy, so always as a major part of the judges, who shall hear the 
 cause, shall agree in the determination ; and if either party shall 
 neglect to attend at the day appointed, without showing reasons 
 which Congress shall judge sufficient, or being present, shall refuse 
 to strike, the Congress shall proceed to nominate three persons out 
 of each State, and the secretary of Congress shall strike in behalf 
 of such party absent or refusing; and the judgment and sentence 
 of the court, to be appointed in the manner before prescribed, shall 
 be final and conclusive; and if any of the parties shall refuse to 
 submit to the authority of such court, or to appear or defend their 
 claim or cause, the court shall nevertheless proceed to pronounce 
 sentence or judgment, which shall in like manner be final and de 
 cisive ; the judgment or sentence and other proceedings being in 
 either case transmitted to Congress, and lodged among the acts of 
 Congress for the security of the parties concerned ; provided, that 
 every commissioner, before he sits in judgment, shall take an oath, 
 to be administered by one of the judges of the supreme or superior 
 court of the State where the cause shall be tried, " well and truly 
 to hear and determine the matter in question, according to the best 
 of his judgment, without favor, affection, or hope of reward." Pro 
 vided, also, that no State shall be deprived of territory for the benefit 
 of the United States. 
 
 All controversies concerning the private right of soil claimed 
 under different grants of two or more States, whose jurisdictions, as 
 they may respect such lands, and the States which passed such 
 grants are adjusted, the said grants or either of them being at the 
 same time claimed to have originated antecedent to such settlement 
 of jurisdiction, shall, on the petition of either party to the Congress 
 of the United States, be finally determined, as near as may be, in the 
 same manner as is before prescribed for deciding disputes respecting 
 territorial jurisdiction between different States. 
 
 The United States, in Congress assembled, shall also have the 
 sole and exclusive right and power of regulating the alloy and 
 value of coin struck by their own authority, or by that of the 
 respective States; fixing the standard of weights and measures 
 throughout the United Stales; regulating the trade and managing 
 all affairs with the Indians, not members of any of the States; 
 provided that the legislative right of any State, within its own 
 
X APPENDIX. 
 
 limits, be not infringed or violated ; establishing and regulating 
 post-offices from one State to another, throughout all the United 
 States, and exacting such postage on the papers passing through 
 the same, as may be requisite to defray the expenses of the said 
 office ; appointing all officers of the land forces in the service of 
 the United States, excepting regimental officers; appointing all 
 the officers of the naval forces, and commissioning all officers what 
 ever in the service of the United States; making rules for the 
 government and regulation of the said land and naval forces, and 
 directing their operations. 
 
 The United States, in Congress assembled, shall have authority to 
 appoint a committee, to sit in the recess of Congress, to be denom 
 inated, " A Committee of the States," and to consist of one delegate 
 from each State ; and to appoint such other committees and civil 
 officers as may be necessary for managing the general affairs of the 
 United States under their direction; to appoint one of their num 
 ber to preside; provided that no person be allowed to serve in the 
 office of president more than one year in any term of three years; 
 to ascertain the necessary sums of money to be raised for the service 
 of the United States, and to appropriate and apply the same for 
 defraying the public expenses; to borrow money or emit bills on 
 the credit of the United States, transmitting every half year to the 
 respective States an account of the sums of money so borrowed 
 or emitted; to build and equip a navy; to agree upon the num 
 ber of land forces, and to make requisitions from each State for 
 its quota, in proportion to the number of white inhabitants in such 
 State, which requisition shall be binding; and thereupon the 
 Legislature of each State shall appoint the regimental officers, raise 
 the men, and clothe, arm, and equip them, in a soldier-like manner, 
 at the expense of the United States; and the officers and men so 
 clothed, armed, and equipped shall march to the place appointed, 
 and within the time agreed on by the United States, in Congress 
 assembled; but if the United States, in Congress assembled, shall, on 
 consideration of circumstances, judge proper that any State should 
 not raise men, or should raise a smaller number than its quota, and 
 that any other State should raise a greater number of men than the 
 quota thereof, such extra number shall be raised, officered, clothed, 
 armed, and equipped in the same manner as the quota of such State, 
 unless the Legislature of such State shall judge that such extra 
 number can not be safely spared out of the same, in which case they 
 shall raise, officer, clothe, arm, and equip, as many of such extra 
 number as they judge can be safely spared, and the officers and men 
 so clothed, armed, and equipped, shall march to the place appointed, 
 
ARTICLES OF CONFEDERATION. xi 
 
 and within the time agreed on by the United States, in Congress 
 assembled. 
 
 The United States, in Congress assembled, shall never engage in 
 a war, nor grant letters of marque and reprisal in time of peace, 
 nor enter into any treaties or alliances, nor coin money, nor regulate 
 the value thereof, nor ascertain the sums and expenses necessary 
 for the defense and welfare of the United States, or any of them, 
 nor emit bills, nor borrow money on the credit of the United States, 
 nor appropriate money, nor agree upon the number of vessels of war 
 (o be built or purchased, or the number of land or sea forces to be 
 raised, nor appoint a commander-in-chief of the army or navy, un 
 less nine States assent to the same, nor shall a question on any other 
 point, except for adjourning from day to day, be determined, unless by 
 the votes of a majority of the United States, in Congress assembled. 
 
 The Congress of the United States shall have power to adjourn to 
 any time within the year, and to any place within the United States, 
 so that no period of adjournment be for a longer duration than the 
 space of six months, and shall publish the journal of their proceed 
 ings monthly, except such parts thereof relating to treaties, alliances, 
 or military operations, as in their judgment require secrecy; and the 
 yeas and nays of the delegates of each State, on any question, shall be 
 entered on the journal, when it is desired by any delegate; and the 
 delegates of a State, or any of them, at his or their request, shall be 
 furnished with a transcript of the said journal, except such parts 
 as are above excepted, to lay before the legislatures of the several 
 States. 
 
 ART. X. The committee of the States, or any nine of them, shall 
 be authorized to execute, in the recess of Congress, such of the 
 powers of Congress as the United States, in Congress assembled, by 
 the consent of nine States, shall, from time to time, think expedient 
 to vest them with ; provided that no power be delegated to the said 
 committee, for the exercise of which, by the articles of confedera 
 tion, the voice of nine States, in the Congress of the United States 
 assembled is requisite. 
 
 ART. XT. Canada acceding to this confederation, and joining 
 in the measures of the United States, shall be admitted into, and 
 entitled to all the advantages of this Union : but no other colony 
 shall be admitted into the same, unless such admission be agreed to 
 by nine States. 
 
 ART. X1T. All bills of credit emitted, moneys borrowed, and 
 debts contracted by or under the authority of Congress, before the 
 assembling of the United States, in pursuance of the present con 
 federation, shall be deemed and considered as a charge against the 
 
Xll APPENDIX. 
 
 United States, for payment and satisfaction whereof the said United 
 States and the public faith are hereby solemnly pledged. 
 
 ART. XIII. Every State shall abide by the determinations of the 
 United States, in Congress assembled, on all questions which by this 
 Confederation are submitted to them. And the Articles of this Con 
 federation shall be inviolably observed by every State, and the Union 
 shall be perpetual ; nor shall any alteration at any time hereafter- 
 be made in any of them, unless such alteration be agreed to in a 
 Congress of the United States, and be afterwards confirmed by the 
 legislatures of every State. 
 
 And whereas it hath pleased the great Governor of the world to 
 incline the hearts of the legislatures we respectively represent 
 in Congress, to approve of, and to authorize us to ratify the said 
 Articles of Confederation and perpetual Union, Know ye, that we, 
 the undersigned delegates, by virtue of the power and authority to 
 us given for that purpose, do, by these presents, in the name and in 
 behalf of our respective constituents, fully and entirely ratify and 
 confirm each and every of the said Articles of Confederation and 
 perpetual Union, and all and singular the matters and things therein 
 contained. And we do further solemnly plight and engage the 
 faith of our respective constituents, that they shall abide by the 
 determinations of the United States, in Congress assembled, on all 
 questions which by the said Confederation are submitted to them; 
 and that the Articles thereof shall be inviolably observed by the 
 States we respectively represent, and that the Union shall be per 
 petual. In witness whereof, we have hereunto set our hands in 
 Congress. Done at Philadelphia, in the State of Pennsylvania, the 
 ninth day of July, in the year of our Lord 1778, and in the third 
 year of the Independence of America. 
 
ORDINANCE OF 1787, 
 
 JULY 13, 1787. 
 
 AN ORDINANCE FOR THE GOVERNMENT OF THE TERRITORY OF THE 
 UNITED STATES, NORTH-WEST OF THE RIVER OHIO. 
 
 Be it ordained, by the United States, in Congress assembled, that the 
 said Territory, for the purposes of temporary government, be one 
 district ; subject, however, to be divided into two districts, as future 
 circumstances may, in the opinion of Congress, make it expedient. 
 
 Be it ordained, by the authority aforesaid, that the estates, both of 
 resident and non-resident proprietors in the said Territory, dying 
 intestate, shall descend to, and be distributed among, their children, 
 and the descendants of a deceased child, in equal parts ; the descend 
 ants of a deceased child or grandchild, to take the share of their 
 deceased parent, in equal parts, among them; and where there shall 
 be no children or descendants, then in equal parts to the next of kin, in 
 equal degree; and among collaterals, the children of a deceased brother 
 or sister of the intestate, shall have, in equal parts, among them, their 
 deceased parent s share; and there shall in no case be a distinction 
 between kindred of the whole and half blood ; saving in all cases to 
 the widow of the intestate, her third part of the real estate for life, 
 and one-third part of the personal estate; and this law relative to 
 descents and dower, shall remain in full force until altered by the 
 legislature of the district. And until the governor and judges shall 
 adopt laws as hereinafter mentioned, estates in the said Territory may 
 be devised or bequeathed by wills in writing, signed and sealed by 
 him or her, in whom the estate may be (being of full age), and attested 
 by three witnesses, and real estates may be conveyed by lease and 
 release, or bargain and sale, signed, sealed, and delivered by the per 
 son, being of full age, in whom the estate may be, and attested by two 
 witnesses, provided such wills be duly proved, and such conveyances 
 be acknowledged, or the execution thereof duly proved, and be re 
 corded within one year after proper magistrates, courts, and registers 
 
 (xiii) 
 
XIV APPENDIX. 
 
 shall be appointed for that purpose; and personal property may be 
 transferred by delivery, saving, however, to the French and Canadian 
 inhabitants, and other settlers of the Kaskaskias, Saint Vincents, and 
 the neighboring villages, who have heretofore professed themselves 
 citizens of Virginia, their laws and customs now in force among them, 
 relative to descent and conveyance o property. 
 
 Be it ordained, by the authority aforesaid, that there Bhall be ap 
 pointed from time to time, by Congress, a governor, whose commis 
 sion shall continue in force for the term of three years, unless sooner 
 revoked by Congress; he shall reside in the district, and have a free 
 hold estate therein, in one thousand acres of land, while in the exercise 
 of his office. There shall be appointed from time to time, by Congress, 
 a secretary, whose commission shall continue in force for four years, 
 unless sooner revoked; he shall reside in the district, and have a free 
 hold estate therein, in five hundred acres of land, while in the exercise 
 of his office; it shall be his duty to keep and preserve the acts and 
 laws passed by the legislature, and the public records of the district, 
 and the proceedings of the governor in his executive department; and 
 transmit authentic copies of such acts and proceedings, every six 
 months, to the secretary of Congress. There shall also be appointed 
 a court to consist of three judges, any two of whom to form a court, 
 who shall have a common law jurisdiction, and reside in the district, 
 and have each therein a freehold estate, in five hundred acres of land, 
 while in the exercise of their offices; and their commissions shall con 
 tinue in force during good behavior. 
 
 The governor and judges, or a majority of them, shall adopt and 
 publish in the district, such laws of the original States, criminal 
 and civil, as may be necessary, and best suited to the circumstances 
 of the district, and report them to Congress, from time to time, which 
 laws shall be in force in the district until the organization of the 
 general assembly therein, unless disapproved of by Congress; but 
 afterwards, the legislature shall have authority to alter them as 
 they shall think fit. 
 
 The governor for the time being, shall be commander-in-chief 
 of the militia, appoint and commission all officers in the same, 
 below the rank of general officers. All general officers shall be 
 appointed and commissioned by Congress. 
 
 Previous to the organization of the general assembly, the governor 
 shall appoint such magistrates and other civil officers, in each county 
 or township, as he shall find necessary for the preservation of the 
 peace and good order in the same. After the general assembly shall 
 be organized, the powers and duties of magistrates and other civil 
 officers shall be regulated and defined by the said assembly; but 
 
ORDINANCE OF 1787. XV 
 
 all magistrates and other civil officers, not herein otherwise directed, 
 shall, during the continuance of this temporary government, be ap 
 pointed by the governor. 
 
 For the prevention of crimes and injuries, the laws to be adopted 
 or made, shall have force in all parts of the district, and for the 
 execution of process, criminal and civil, the governor shall make 
 proper divisions thereof; and he shall proceed from time to time, 
 as circumstances may require, to lay out the parts of the district in 
 which the Indian titles shall have been extinguished, into counties 
 and townships, subject, however, to such alterations as may thereafter 
 be made by the legislature. 
 
 So soon as there shall be five thousand free male inhabitants, of 
 full age, in the district, upon giving proof thereof to the governor, 
 they shall receive authority, with time and place, to elect repre 
 sentatives from their counties or townships, to represent them in 
 the general assembly ; provided, that for every five hundred free 
 male inhabitants there shall be one representative, and so on pro 
 gressively with the number of free male inhabitants, shall the right 
 of representation increase, until the number of representatives shall 
 amount to twenty-five, after which the number and proportion of 
 representatives shall be regulated by the legislature; provided, that 
 no person be eligible or qualified to act as a representative, unless 
 he shall have been a citizen of one of the United States three years, 
 and be a resident in the district, or unless he shall have resided in the 
 district three years, and in either case shall likewise hold in his own 
 right, in fee simple, two hundred acres of land within the same; 
 provided, a/so, that a freehold in fifty acres of land in the district, 
 having been a citizen of one of the States, and being resident in the 
 district, or the like freehold and two years residence in the district, 
 shall be necessary to qualify a man as an elector of a representative. 
 
 The representatives thus elected, shall serve for the term of two 
 years, and in case of the death of a representative, or removal from 
 office, the governor shall issue a writ to the county or township for 
 which he was a member, to elect another in his stead, to serve for the 
 residue of the term. 
 
 The general assembly, or legislature, shall consist of the governor, 
 legislative council, and a house of representatives. The legislative 
 council shall consist of five members, to continue in office for five years, 
 unless sooner removed by Congress, any three of whom to be a quo 
 rum, and the members of the council shall be nominated and ap 
 pointed in the following manner, to-wit: as soon as representatives 
 shall be elected, the governor shall appoint a time and place for them 
 to meet together, and when met, they shall nominate ten persons, 
 C. G. 33. 
 
XVI APPENDIX. 
 
 residents iu the district, and each possessed of a freehold in five hun 
 dred acres of land, and return their names to Congress; five of whom 
 Congress shall appoint and commission to serve as aforesaid ; and when 
 ever a vacancy shall happen in the council, by death or removal from 
 office, the house of representatives shall nominate two persons, quali 
 fied as aforesaid, for each vacancy, and return their names to Con 
 gress, one of whom Congress shall appoint and commission for the 
 residue of the term; and every five years, four months at least 
 before the expiration of the time of service of the members of 
 council, the said house shall nominate ten persons, qualified as 
 aforesaid, and return their names to Congress, five of whom Con 
 gress shall appoint and commission to serve as members of the 
 council five years, unless sooner removed. 
 
 And the governor, legislative council, and house of representa* 
 tives, shall have authority to make laws in all cases for the good 
 government of the district, not repugnant to the principles and 
 articles in this ordinance established and declared. And all bills 
 having passed by a majority in the house, and by a majority in 
 the council, shall be referred to the governor for his assent ; but 
 no bill or legislative act whatever shall be of any force without 
 his assent. The governor shall have power to convene, prorogue, 
 and dissolve the general assembly, when in his opinion, it shall be 
 expedient. 
 
 The governor, judges, legislative council, secretary, and such other 
 officers as Congress shall appoint in the district, shall take an oath or 
 affirmation of fidelity, and of office the governor before the presi 
 dent of Congress, and all other officers before the governor. As soon 
 as a legislature shall be formed in the district, the council and house, 
 assembled in one room, shall have authority, by joint ballot to elect 
 a delegate to Congress, who shall have a seat in Congress, with a right 
 of debating, but not of voting, during this temporary government. 
 
 And for extending the fundamental principles of civil and religious 
 liberty, which form the basis whereon these republics, their laws and 
 constitutions, are erected ; to fix and establish those principles as the 
 basis of all laws, constitutions, and governments, which forever here 
 after shall be formed in the said Territory ; to provide also for the 
 establishment of States, and permanent government therein, and for 
 their admission to a share in the federal councils on an equal footing 
 with the original States, at as early periods as may be consistent with 
 the general interest. 
 
 It is hereby ordained and deckired, by the authority aforesaid, that 
 the following articles shall be considered as articles of compact 
 between the original States and the people and States in the said 
 
ORDINANCE OF 1787. XV11 
 
 Territory, and forever remain unalterable, unless by common con 
 sent, to-wit: 
 
 ARTICLE I. No person demeaning himself in a peaceable and 
 orderly manner, shall -ever be molested on account of his mode of 
 worship or religious sentiments in the said Territory. 
 
 ART. II. The inhabitants of the said Territory shall always be en 
 titled to the benefit of the writ of habeas corpus, and of trial by jury; of 
 a proportionate representation of the people in the legislature, and of 
 judicial proceedings according to the course of the common law; all 
 persons shall be bailable unless for capital offenses, where the proof 
 shall be evident or the presumption great; all fines shall be moderate, 
 and no cruel or unusual punishments shall be inflicted; no man shall 
 be deprived of his liberty or property but by the judgment of his peers, 
 or the law of the land ; and should the public exigencies make it neces 
 sary for the common preservation to take any person s property, or 
 to demand his particular services, full compensation shall be made 
 for the same; and in the just preservation of rights and property, it is 
 understood and declared, that no law ought ever to be made, or have 
 force in the said Territory, that shall in any manner whatever, inter 
 fere with, or affect private contracts or engagements, bonafide and with 
 out fraud previously formed. 
 
 ART. III. Religion, morality, and knowledge, being necessary to 
 good government and the happiness of mankind, schools, and the 
 means of education shall forever be encouraged. The utmost good 
 faith shall always be observed towards the Indians; their lands and 
 property shall never be taken from them without their consent; and 
 in their property, rights, and liberty, they shall never be invaded or 
 disturbed, unless in just and lawful wars authorized by Congress; but 
 laws founded in justice and humanity, shall, from time to time, be 
 made, for preventing wrongs being done to them, and for preserving 
 peace and friendship with them. 
 
 ART. IV. The said Territory, and the States which may be formed 
 therein, shall forever remain a part of this confederacy of the United 
 States of America, subject to the Articles of Confederation, and to 
 such alteration therein, as shall be constitutionally made; and to all 
 the acts and ordinances of the United States, in Congress assembled, 
 conformable thereto. The inhabitants and settlers in the said Territory 
 shall be subject to pay a part of the federal debts contracted or to be 
 contracted, and a proportional part of the expenses of g<|frernment, to 
 be apportioned on them, by Congress, according to the same common 
 rule and measure by which apportionments thereof shall be made on 
 the other States; and the taxes for paying their proportion, shall be 
 laid and levied by the authority and direction of the legislatures of 
 
XV111 APPENDIX. 
 
 the district, or districts, or new States, as in the original States, within 
 the time agreed upon by the United States, in Congress assembled. 
 The legislatures of those districts, or new States, shall never interfere 
 with the primary disposal of the soil by the United States, in Congress 
 assembled, nor with any regulations Congress may find necessary for 
 securing the title in such soil to the bonajide purchasers. No tax shall 
 be imposed on lands the property of the United States; and in no case 
 shall non-resident proprietors be taxed higher than residents. The 
 navigable waters leading into the Mississippi and St. Lawrence, and 
 the carrying places between the same, shall be common highways, and 
 forever free, as well to the inhabitants of the said Territory, as to the 
 citizens of the United States, and those of any other States that may be 
 admitted into the confederacy, without any tax, impost, or duty therefor. 
 ART. V. There shall be formed in the said Territory not less than 
 three, nor more than five States; and the boundaries of the States, as 
 soon as Virginia shall alter her act of cession and consent to the 
 same, shall become fixed and established as follows, to-wit: The 
 western State in the said Territory, shall be bounded by the Mississippi, 
 the Ohio, and the Wabash rivers; a direct line drawn, from the Wabash 
 and Post Vincents due north to the territorial line between the United 
 States and Canada, and by the said territorial line to the Lake of the 
 Woods and Mississippi. The middle State shall be bounded by the 
 said direct line, the Wabnsh from Post Vincents to the Ohio, by the 
 Ohio, by a direct line drawn due north from the mouth of the Great 
 Miami to the said territorial line, and by said territorial line. The 
 eastern State shall be bounded by the last mentioned direct line, the 
 Ohio, Pennsylvania, and the said territorial line; provided, however, 
 and it is further understood and declared, that the boundaries of these 
 three States shall be subject so far to be altered, that if Congress shall 
 hereafter find it expedient, they shall have authority to form one or 
 two States in that part of the said Territory which lies north of an 
 east and west line drawn through the southerly bend or extreme of 
 lake Michigan : and whenever any of the said States shall have sixty 
 thousand free inhabitants therein, such State shall be admitted by its 
 delegates, into the Congress of the United States, on an equal footing 
 Avith the original States, in all respects whatsoever; and shall be at 
 liberty to form a permanent constitution and State government: 
 Provided, the constitution and government so to be formed shall be 
 republican, Und in conformity to the principles contained in these 
 articles; and, so far as it can be consistent with the general interest of 
 the confederacy, such admission shall be allowed at an earlier period, 
 and when there may be a less number of free inhabitants in the State 
 than sixtv thousand. 
 
CONSTITUTION OF THE UNITED STATES. xix 
 
 ART. VI. There shall be neither slavery nor involuntary servitude 
 in the said Territory, otherwise than in the punishment of crimes 
 whereof the party shall have been duly convicted : I rovided, always, 
 that any person escaping into the same, from whom labor or service 
 is lawfully claimed in any one of the original States, such fugitive 
 may be lawfully reclaimed and conveyed to the person claiming his 
 or her labor or service as aforesaid. 
 
 " Be it ordained, by the authority aforesaid, that the resolutions of 
 the 23d of April, 1784, relative to the subject of this ordinance, be, 
 and the same are hereby repealed and declared null and void. 
 
 CONSTITUTION 
 
 OF THE 
 
 UNITED STATES OF AMERICA. 
 
 WE, the people of the United States, in order. to form a more 
 perfect union, establish justice, insure domestic tranquillity, provide 
 for the common 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 1. 
 
 1. All legislative powers herein granted shall be vested in a Con 
 gress of the United States, which shall consist of a Senate and House 
 of Representatives. 
 
 SECTION 2. 
 
 1. 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 requisite for elec 
 tors of the most numerous branch of the State legislature. 
 
 2. No person shall be a Representative who shall not have attained 
 to the age of twenty-five years, and been seven years a citizen of the 
 United States, and who shall not, when elected, be an inhabitant of 
 that State in which he shall be chosen. 
 
XX APPENDIX. 
 
 3. Representatives and direct taxes shall be apportioned among 
 the several States which may be included within this Union, accord 
 ing 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 often 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; Massa 
 chusetts, eight ; Rhode Island and Providence Plantations, one; Con 
 necticut, five; New York, six; New Jersey, four; Pennsylvania, 
 eight; Delaware, one; Maryland, six ; Virginia, ten ; North Carolina, 
 five ; South Carolina, five ; and Georgia, three. 
 
 4. When vacancies happen in the representation from any State, 
 the executive authority thereof shall issue writs of election to fill 
 such vacancies. 
 
 5. The House of Representatives shall choose their Speaker and 
 other officers, and shall have the sole power of impeachment. 
 
 SECTION 3. 
 
 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. 
 
 2. Immediately after they shall be assembled in consequence of 
 the first election, they shall be divided, as equally as may be into 
 three classes. The seats of the Senators of the first class 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. 
 
 3. 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. 
 
 4. The Vice-President of the United States shall be President of 
 the Senate, but shall have no vote, unless they be equally divided. 
 
CONSTITUTION OF THE UNITED STATES. XXI 
 
 5. The Senate shall choose their other officers, and also a Presi 
 dent pro-tempore, in the absence of the Vice-President, or when he 
 shall exercise the office of President of the United States. 
 
 6. The Senate shall have the sole power to try all 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 con 
 currence of two-thirds of the members present. 
 
 7. Judgment in cases of impeachment shall not extend further 
 than to removal from office, and disqualification to hold and enjoy 
 any office of honor, trust, or profit, under the United States; but 
 the party convicted shall nevertheless be liable and subject to in 
 dictment, trial, judgment, and punishment, according to law. 
 
 SECTION 4. 
 
 1. The times, places, and manner of holding elections for Sen 
 ators 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 choos 
 ing Senators. 
 
 2. The Congress shall assemble at least once in every year, and 
 such meeting shall be on the first Monday in December, unless 
 they shall by law appoint a different day. 
 
 SECTION 5. 
 
 1. Each House shall be the judge of the 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. 
 
 2. Each House may determine the rules of its proceedings, pun 
 ish its members for disorderly behavior, and, with the concurrence 
 of two-thirds, expel a member. 
 
 3. Each House shall keep a journal of its proceedings, and from 
 time to time, publish the same, excepting such parts as may in 
 their judgment require secrecy; and the yeas and nays of the 
 members of either House, on any question, shall, at the desire of 
 one-fifth of those present, be entered on the journal. 
 
 4. Neither House, during the session of Congress, shall, without 
 the consent of the other, adjourn for more than three days, nor to 
 any other place than that in which the two Houses shall be sitting. 
 
XXil APPENDIX. 
 
 SECTION 6. 
 
 1. The Senators and Representatives shall receive a compensa 
 tion for their services, to be ascertained by law, and paid out of 
 the Treasury of the United States. They shall in all cases, except 
 treason, felony, and breach of the peace, be privileged from arrest 
 during their attendance at the session of their respective Houses, 
 and in going to and returning from the same ; and for any speech 
 or debate in either House, they shall not be questioned in any 
 other place. 
 
 2. No Senator or Representative shall, during the time for which 
 he was elected, be appointed to any civil office under the authority 
 of the United States which shall have been created, or the emolu 
 ments whereof shall have been increased, during such time ; and 
 no person holding any office under the United States shall be a 
 member of either House during his continuance in office. 
 
 SECTION 7. 
 
 1. All bills for raising revenue shall originate in the House of 
 Representatives; but the Senate may propose or concur with amend 
 ments, as on other bills. 
 
 2. Every bill which shall have passed the House of Representa 
 tives 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 in 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 ap 
 proved 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 re 
 spectively. If any bill shall not be returned by the President 
 within ten days (Sundays excepted) after it shall have been pre 
 sented to him, the same shall be a law, in like manner as if he 
 had signed it, unless the Congress, by their adjournment, prevent 
 its return, in which case it shall not be a law. 
 
 3. Every order, resolution, or vote, to which the concurrence of 
 the Senate and House of Representatives may be necessary (except 
 on a question of adjournment) shall be presented to the President 
 of the United States, and before the same shall take effect shall be 
 
CONSTITUTION OF THE UNITED STATES. xxiii 
 
 approved by him, or, being disapproved by him, shall be re-passed 
 by two-thirds of the Senate and House of Representatives, accord 
 ing to the rules and limitations prescribed in the case of a bill. 
 
 SECTION 8. 
 
 The Congress shall have power 
 
 1. 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; 
 
 2. To borrow money on the credit of the United States; 
 
 3. To regulate commerce with foreign nations, arid among the 
 several States, and with the Indian tribes; 
 
 4. To establish a uniform rule of naturalization, and uniform laws 
 on the subject of bankruptcies throughout the United States; 
 
 5. To coin money, regulate the value thereof and of foreign coin, 
 and fix the standard of weights ard measures ; 
 
 6. To provide for the punishment of counterfeiting the securities 
 and current coin of the United States; 
 
 7. To establish post-offices and post-roads; 
 
 8. To promote the progress of science and useful arts, by securing 
 for limited times, to authors and inventors the exclusive right to their 
 respective writings and discoveries; 
 
 9. To constitute tribunals inferior to the Supreme Court ; 
 
 10. To define and punish piracies and felonies committed on the 
 high seas, and offenses against the law of nations ; 
 
 11. To declare war, grant letters of marque and reprisal, and make 
 rules concerning captures on land and water; 
 
 12. To raise and support armies, but no appropriation of money to 
 that use shall be for a longer term than two years; 
 
 13. To provide and maintain a navy; 
 
 14. To make rules for the government and regulation of the land 
 and naval forces ; 
 
 15. To provide for calling forth the militia to execute the laws of 
 the Union, suppress insurrections, and repel invasions; 
 
 16. 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 appoint 
 ment of the officers, and the authority of training the militia accord 
 ing to the discipline prescribed by Congress; 
 
 17. To exercise exclusive legislation in all cases whatsoever, over 
 such district (not exceeding ten miles square) as may, by cession of 
 particular States and the acceptance of Congress, become the seat of 
 
XXIV APPENDIX. 
 
 the Government of the United States, and to exercise like authority 
 over all places purchased by the consent of the legislature of the 
 State in which the same shall be, for the erection of forts, magazines, 
 arsenals, dock-yards, and other needful buildings; and, 
 
 18. To make all laws which shall be necessary and proper for car 
 rying into execution the foregoing powers, and all other powers vested 
 by this Constitution in the Government of the United States, or in 
 any department or officer thereof. 
 
 SECTION 9. 
 
 1. The migration or importation of such persons as any of the 
 States now existing shall think proper to admit, shall not be pro 
 hibited by the Congress prior to the year one thousand eight hundred 
 and eight, but a tax or duty may be imposed on such importation, 
 not exceeding ten dollars for each person. 
 
 2. The privilege of the writ of habeas corpus shall not be suspended, 
 unless when in cases of rebellion or invasion the public safety may 
 require it. 
 
 3. No bill of attainder or ex post facto law shall be passed. 
 
 4. No capitation or other direct tax shall be laid, unless in propor 
 tion to the census or enumeration hereinbefore directed to be taken. 
 
 5. No tax or duty shall be laid on articles exported from any State. 
 No preference shall be given by any regulation of commerce or rev 
 enue 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. 
 
 6. 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 pub 
 lished from time to time. 
 
 7. No title of nobility shall be granted by the United States ; and 
 no person holding any office of profit or trust under them, shall, with 
 out the consent of the Congress, accept of any present, emolument, 
 office, or title, of any kind whatever, from any king, prince, or foreign 
 state. 
 
 SECTION 10. 
 
 1. No State shall enter into any treaty, alliance, or confederation; 
 grant letters of marque and reprisal ; coin money ; emit bills of credit ; 
 make any thing but gold and silver coin a tender in payment of debts ; 
 pass any bill of attainder, ex pott facto law, or law impairing the obli 
 gation of contracts, or grant any title of nobility. 
 
 2. No Slate shall, without the consent of the Congress, lay any im- 
 
CONSTITUTION OF THE UNITED STATES. XXV 
 
 posts 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 actu 
 ally invaded, or in such imminent danger as will not admit of delay. 
 
 AETICLE II. SECTION 1. 
 
 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 : 
 
 2. 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. 
 
 Clause 3 has been superseded by the 12th Article of Amendments; for text 
 see page 1 66. 
 
 4. 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. 
 
 5. No person, except a natural-born citizen, or a citizen of the 
 United States at the time of the adoption of this Constitution, shall 
 be eligible to the office of President ; neither shall any person be 
 eligible to that office who shall not have attained to the age of thirty- 
 five years, and been fourteen years a resident within the United 
 States. 
 
 6. In case of the removal of the President from office, or of his 
 death, resignation, or inability to discharge the powers and duties of 
 said office, the same shall devolve on the Vice-President ; and the 
 Congress may by law provide for the case of removal, death, resigna 
 tion, or inability, both of the President and Vice-President, declaring 
 what officer shall then act as President, and such officer shall act ac 
 cordingly, until the disability be removed, or a President shall be 
 elected. 
 
 7. 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 
 
XXVI APPENDIX. 
 
 receive within that period any other emolument from the United 
 States, or any of them. 
 
 8. Before he enter on the execution of his office, he shall take the 
 following oath or affirmation : 
 
 "I do solemnly swear (or affirm) that I will faithfully 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." 
 
 SECTION 2. 
 
 1. 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 re 
 quire 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. 
 
 2. lie 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 con 
 sent 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 pro 
 vided for, and which shall be established by law ; but the Congress 
 may by law vest the appointment of such inferior officers as they 
 think proper, in the President alone, in the Courts of law, or in the 
 heads of Departments. 
 
 3. The President shall have power to fill up all vacancies that may 
 happen during the recess of the Senate, by granting commissions 
 which shall expire at the end of their next session. 
 
 SECTION 3. 
 
 He shall from time to time, give to the Congress information 
 of the state of the Union, and recommend to their consideration such 
 measures as he shall judge necessary and expedient ; he may, on ex 
 traordinary occasions, convene both Houses, or either of them, and 
 in case of disagreement between them with respect to the time of ad 
 journment, 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 com 
 mission all the officers of the United States. 
 
CONSTITUTION OF THE UNITED STATES. XXvii 
 
 SECTION 4. 
 
 The President, Vice-President, and all civil officers of the United 
 States, shall be removed from office on impeachment for, and convic 
 tion 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 be 
 havior, and shall, at stated times, receive for their services a com 
 pensation which shall not be diminished during their continuance 
 in office. 
 
 SECTION 2. 
 
 1. The judicial power shall extend to all cases in law and equity 
 arising under this Constitution, the laws of the United States, and 
 treaties made, or which shall be made, under their authority; to all 
 cases affecting ambassadors, other public ministers, and consuls ; 
 to all cases of admiralty and maritime jurisdiction ; to controversies 
 to which the United States shall be a party ; to controversies between 
 two or more States; between a State and citizens of another State; 
 between citizens of different States ; between citizens of the same State 
 claiming lands under grants of different States; and between a State, 
 or the citizens thereof, and foreign States, citizens, or subjects. 
 
 2. In all 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. 
 
 3. The trial of all crimes, except in cases of impeachment, shall be 
 by jury ; and su^}i trial shall be held in the State where the said 
 crimes shall have been committed ; but when not committed within 
 any State, the trial shall be at such place or places as the Congress 
 may by law have directed. 
 
 SECTION 3. 
 
 1. Treason against the United States shall 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 tes 
 timony of two witnesses to the same overt act, or on confession 
 in open Court. 
 
XXV111 APPENDIX. 
 
 2. The Congress shall have power to declare the punishment 
 of treason, but no attainder of treason shall work corruption of blood, 
 or forfeiture, except during the life of the person attained. 
 
 AKTICLE 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. 
 
 SECTION 2. 
 
 1. The citizens of each State shall be entitled to all privileges and 
 immunities of citizens in the several States. 
 
 2. A person charged in any State with treason, felony, or other 
 crime, who shall flee from justice, and be found in another State, shall, 
 on demand of the executive authority of the State from which he fled, 
 be delivered up, to be removed to the State having jurisdiction of the 
 crime. 
 
 3. No person held to service or labor in one State, under the laws 
 thereof, escaping into another, shall, in consequence of any law or 
 regulation therein, be discharged from such service or labor, but 
 shall be delivered up on claim of the party to whom such service or 
 labor may be due. 
 
 SECTION 3. 
 
 1. New States may be admitted by the Congress into this Union; 
 but no new State shall be formed or erected within the jurisdiction 
 of any other State; nor any State be formed by the junction of two or 
 more States, or parts of States, without the consent of the legislatures 
 of the States concerned as well as of the Congress. 
 
 2. The Congress shall have power to dispose of and make all need 
 ful rules and regulations respecting the territory or other property 
 belonging to the United States ; and nothing in this Constitution 
 shall be so construed as to prejudice any claims of the United States, 
 or of any particular State. 
 
 SECTION 4. 
 
 The United States shall 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 Ex 
 ecutive (when the legislature can not be convened) against domestic 
 
 violence. 
 
 AKTICLE V. 
 
 The Congress, whenever two-thirds of both Houses shall deem it 
 necessary, shall propose Amendments to this Constitution, or, on the 
 
CONSTITUTION OF THE UNITED STATES. 
 
 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 thous 
 and 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 
 
 AETICLE VI. 
 
 1. All^debts contracted and engagements entered into, before the 
 adoption of this Constitution, shall be as valid against the United 
 States under this Constitution as under the Confederation. 
 
 2. This Constitution, and the laws of the United States which shall 
 be made in pursuance thereof, and all treaties made, or which shall 
 be made, under the authority of the United States, shall be the 
 supreme law of the land ; and the judges in every State shall be 
 bound thereby, any thing in the constitution or laws of any State to 
 the contrary notwithstanding. 
 
 3. The Senators and Representatives before mentioned, and the 
 members of the several State legislatures, and all executive and judi 
 cial 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 suffi 
 cient for the establishment of this Constitution between the States so 
 ratifying the same. 
 
 AMENDMENTS TO THE CONSTITUTION. 
 
 ARTICLE I. 
 
 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 assem 
 ble, and to petition the government for a redress of grievances. 
 
XXX APPENDIX. 
 
 ARTICLE II. 
 
 A well-regulated militia being necessary to the security of a free 
 state, the right of the people to keep and bear arms shall not be in 
 fringed. 
 
 ARTICLE III. 
 
 No soldier shall, in time of peace, be quartered in any house with 
 out the consent of the owner, nor in time of war, but in a manner 
 to be prescribed by law. 
 
 ARTICLE IV. 
 
 The right of the people to be secure in their persons, houses, papers, 
 and effects, against unreasonable searches, and seizures, shall not be 
 violated, and no warrants shall issue, but upon probable cause, sup 
 ported by oath or affirmation, and particularly describing the place 
 to be searched, and the persons or things to be seized. 
 
 ARTICLE V. 
 
 No person shall be held to answer for a capital or otherwise in 
 famous 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. 
 
 ARTICLE VI. 
 
 In all criminal prosecutions, the accused shall enjoy the right to a 
 speedy and public trial, by an impartial jury of the State and district 
 wherein the crime shall have been committed, which 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 wit 
 nesses against him ; to have compulsory process for obtaining wit 
 nesses in his favor, and to have the assistance of counsel for his de 
 fense. 
 
 ARTICLE VII. 
 
 In suits at common law where the value in controversy shall 
 exceed twenty dollars, the right of trial by jury shall be preserved, 
 and no fact tried by a jury shall be otherwise re-examined in any 
 Court of the United States, than according to the rules of the common, 
 law. 
 
CONSTITUTION OF THE UNITED STATES. XXXI 
 
 ARTICLE VIII. 
 
 Excessive bail shall not be required, nor excessive fines imposed, 
 nor cruel and unusual punishments inflicted. 
 
 AETICLE IX. 
 
 The enumeration in the Constitution of certain rights shall not be 
 construed to deny or disparage others retained by the people. 
 
 AETICLE X. 
 
 The powers not delegated to the United States by the Constitution, 
 nor prohibited by it to the States, are reserved to the States respect 
 ively, or to the people. 
 
 ARTICLE 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. 
 
 ARTICLE XII. 
 
 1. 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 dis 
 tinct 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 Pres 
 ident of the Senate. The President of the Senate shall, in the pres 
 ence of the Senate and House of Representatives, open all the certifi 
 cates, 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 imme 
 diately, by ballot, the President. But in choosing the President, the 
 votes shall be taken by States, the representation from each State 
 having one vote ; a quorum for this purpose shall consist of a mem 
 ber 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 Rep 
 resentatives shall not choose a President, whenever the right of choice 
 C. G. 34. 
 
XXX11 APPENDIX. 
 
 shall devolve upon them, before the fourth day of March next fol 
 lowing, 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 ma 
 jority, 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 major 
 ity 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. 
 
 ARTICLE XIII. 
 
 1. Neither Slavery nor involuntary servitude, except as a punish 
 ment for crime, whereof the party shall have been duly convicted, 
 shall exist within the United States, or any place subject to their 
 jurisdiction. 
 
 2. Congress shall have power to enforce this article by appropriate 
 legislation. 
 
 ARTICLE XIV. 
 
 1. All persons born or naturalized in the United States, and sub 
 ject to the jurisdiction thereof, are citizens of the United States and 
 of the State wherein they reside. No State shall make or enforce 
 any law which shall abridge the privileges or immunities of citizens 
 of the United States ; nor shall any State deprive any person of life, 
 liberty, or property, without due process of law, nor deny to any per 
 son within its jurisdiction the equal protection of the laws. 
 
 2. Representatives shall be apportioned among the several States 
 according to their respective numbers, counting the whole number 
 of persons in each State, excluding Indians not taxed. But when 
 the right to vote at any election for the choice of electors for Presi 
 dent and Vice-President of the United States, Representatives in 
 Congress, the executive and judicial officers of a State, or the mem 
 bers of the legislature thereof, is denied to any of the male inhabi 
 tants of such State, being twenty -one years of age, and citizens of the 
 United States, or in any way abridged, except for participation in re 
 bellion or other crime, the basis of representation therein shall be 
 reduced in the proportion which the number of such male citizens 
 shall bear to the whole number of male citizens twenty-one years of 
 age in such State. 
 
 3. No person shall be a Senator or Representative in Congress, or 
 elector of President and Vice-President. or hold any office, civil or 
 
CONSTITUTION OF THE UNITED STATES. XXXlil 
 
 military, under the United States, or under any State, who, having 
 previously taken an oath, as a member of Congress, or as an officer 
 of the United States, or as a member of any State legislature, or as an 
 executive or judicial officer of any State, to support the Constitution 
 of the United States, shall have engaged in insurrection or rebellion 
 against the same, or given aid or comfort to the enemies thereof. 
 But Congress may^ by a vote of two-thirds of each House, remove 
 such disability. 
 
 4. The validity of the public debt of the United States, authorized 
 by law, including debts incurred for payment of pensions and bounties 
 for services in suppressing insurrection or rebellion, shall not be 
 -questioned. But neither the United States nor any State shall assume 
 or pay any debt or obligation incurred in aid of insurrection or 
 rebellion against the United States, or any claim for the loss or 
 emancipation of any slave; but all such debts, obligations, and claims 
 shall be held illegal and void. 
 
 5. The Congress shall have power to enforce, by appropriate legis 
 lation, the provisions of this article. 
 
 AETICLE XV. 
 
 1. The right of citizens of the United States to vote shall not be 
 denied or abridged by the United States, or by any State, on account 
 of race, color, or previous condition of servitude. 
 
 2. The Congress shall have power to enforce this article by appro 
 priate legislation. 
 
I^DEX. 
 
 Academy, military, 338; naval, 341. 
 
 Adams. John, Vice-President, 314 ; Presi 
 dent, 319. 
 
 Adams, John Quincy, President, 320. 
 
 Agriculture, department of, 348. 
 
 Alabama, secession of, 242 : reconstruction 
 of, 245 ; admission of, 299. 
 
 Alaska, 313. 
 
 Alloy of gold and silver coins, 102. 
 
 Ambassadors, etc.. 324. 
 
 Amendments to the Constitution, clause 
 regarding, 247; nineteen proposed, 
 fifteen ratified, 248,263; three limita 
 tions, 249; difficulties in the way of, 
 250; approval of President not nec 
 essary, 250; publication of, 252 ; can 
 a State withdraw her ratification of, 
 252; dates of, 2">4 ; first, 264 ; second, 
 third, 26. ) ; fourth, fifth, sixth, 2M ; 
 seventh, eighth, 267; eleventh, 
 twelfth, thirteenth, 271 ; fourteenth, 
 273; fifteenth, 280. 
 
 Amnesty, action of Congress as to, 178; 
 proclamations of, 278. 
 
 Annapolis, Convention of 1786, 40; recom 
 mended a convention to revise Arti- 
 cles of Confederation, 41. 
 
 Appellate jurisdiction of U. S. Courts, 206, 
 207 ; two views of, 208. 
 
 Appointments, by the President, 179, 187 ; 
 power of Congress over, 179; by 
 heads of departments, 179. 
 
 Apportionment^! Representatives, 50-55. 
 
 Appropriations, 152. 
 
 Area of the United States, 313. 
 
 Arizona Territory, 306, 313. 
 
 Arkansas, secession of, 212; action of, 244 ; 
 reconstruction of, 245; admission 
 of, 301. 
 
 Armies, power of Congress as to, 128. 
 
 Army regular, 129; list of officers in, 131 ; 
 rules for the government of, 131, 132; 
 pay of officers, 33s. 
 
 Articles of Confederation, adopted by Con 
 gress 1777, ratified by the States 
 March 1, 1781, 36 ; failure of. 36-39; 
 provisions as to States, 154-159; 
 amendment of, 2*8,259; Appendix, v. 
 
 Assessor of Internal Revenue, 334. 
 
 Attorney-General, duties of, 199: office of 
 established, 352 ; salary of, 353; list 
 of, 353; assistants, 353, 355. 
 
 Auditors of the treasury, 330, 331. 
 
 Bank currency, 10S-110. 
 
 Bankrupt, allowance to, 98 ; discharge of, 
 98; influence of creditors, 98; moral 
 obligations of, 99. 
 
 Bankruptcies, 91 ; limited to traders orig 
 inally, 96; power formerly in the 
 States, 97; three acts passed, 97; 
 voluntary and involuntary, 97. 
 
 Bill of attainder, 149; case ex parte Gar 
 land, 150 ; forbidden to States, P>4. 
 
 Bill of rights, not in original constitution, 
 264; in first eight amendments, 264 ; 
 the constitution a, 26S. 
 
 Bills, how passed in Congress, 77. 
 
 Bills of credit, treasury notes, lOii ; States 
 can not emit, 154 ; defined, 156 ; emit 
 ted by Congress, 157. 
 
 Blount,\Vm., expelled, 70; Impeached, 192. 
 
 Bonds of U. S.,86; not taxable, 87. 
 
 Breckenridge, J. C., Vice-President, 315. 
 
 Bright, Jesse D.,expclled from Senate, 70. 
 
 British Parliament, cabinet officers mem 
 bers of, 76; power of, 210; may 
 amend constitution, 249. 
 
 Buchanan, James, President, 321. 
 
 Bureaus, in the departments, 322 ; names 
 of in Treasury Department, 329. 
 
 Burr, Aaron, tried for treason, 222 ; Vice- 
 President, 315. 
 
 Cabinet Officers, 321 ; salaries of, 322,359. 
 
 Cadet-midshipmen and engineers, 342. 
 
 Calhoun, John C., Vice-President, 315. 
 
 California, admission of, 306. 
 
 Capitation tax, clause as to, 150. 
 
 Carriers, for free delivery of letters, 117. 
 
 Census, 50; Superintendent of, 348. 
 
 Cession of territory by various States, 233. 
 
 Charge d Aftaires, 326. 
 
 Charter governments (colonial), 25-27. 
 
 Chase, Samuel, impeached, 193, 194. 
 
 Circuit Courts established, 1%. 
 
 Citizens, defined, 91, 226, 227, 273; Judge 
 Taney in Dred Scott case, 22s; not 
 necessarily voters, 276 ; right to vote, 
 280 ; free negroes citizens, in 1781, 228. 
 
 Citizenship, privileges of, 226, 227. 
 
 Civil Uights Bill, 227, 274. 
 
 Civil Service Heform. 187. 
 
 Clerk of House of Representatives, 55, 56. 
 
 Clerks, in departments, 355. 
 
 Clinton, George, Vice- President, 315. 
 
 Coast survey, .531 ; superintendents, ,335. 
 
 Coinage, loo; an attribute of sovereignty, 
 100; international, 110. 
 
 Coining of money forbidden to States, 154. 
 
 Coins, 101; of 1873. 103; foreign, 105. 
 
 Colfax, Schuyler, Vice-President, 315. 
 
 Collector, of Internal Revenue, 334; of 
 Customs. 335. 
 
 Colonies, the thirteen. 24 ; three forms of 
 government of, 25 ; colonial Union 
 of 1643. 27; meeting at Albany, 27; 
 at New York, 1765. 28. 
 
 Colorado Territory, 306 ; bill to admit as a 
 State, vetoed, 312. 
 
 Commerce, power of Congress to regulate, 
 88; formerly in the States, 88. 
 
 Commissioner, term not now applied to 
 diplomatic representatives, 326; of 
 Customs, 332; of Internal Revenue, 
 333, 334; of Patents. 121,345; of Pen 
 sions, 345; of Land Office, 34(>; of In 
 dian Affairs, 348. 
 
 Committees of Congress, 317. 
 
 Committee of the Whole. 318. 
 
 Compensation of Congressmen, 72; none 
 in British Parliament. 72 ; various 
 rates in Congress, 73, 359. 
 
 Comptroller of the Currency, 333. 
 
 Comptroller of the Treasury. 330. 
 
 Confederation, see Articles of. 
 
 Congress, of two Houses, 48 ; new one ev 
 ery two years, 61 ; annual sessions, 
 67; instances of three sessions, 6S, 
 189; each House the judge as to its 
 own members, 69; a majority a c)uo- 
 rum,69; members privileged from 
 arrest, 72; members can hold no 
 other office, 75: powers of, 80; or 
 ganization of the first, 292. 
 
 Connecticut, no constitution but its colo 
 nial charter till 1518, 26 ; ratification 
 (xxxiv) 
 
INDEX. 
 
 XXXV 
 
 of the Constitution by, 288; first 
 constitution, 362. 
 
 Constitution the, the work of the nation, 
 It) ; of the nation distinguished from 
 that of the government, 17; unwrit- 
 ten, 17; reception of, 287; ratification 
 
 of, 288; Appendix, xix. 
 5iisul-General,327. 
 
 Co 
 
 Consuls, 327. 
 
 Contempt, power of Congress to punish, 70. 
 
 Continental Congress, First, . id; Second, 
 31 ; action of, as to the Constitution, 
 286,291. 
 
 Contracts, States can not pass laws im 
 pairing obligation of, 1.54; United 
 States as to, 158; include grants, 
 case of Dartmouth College, 158. 
 
 Convention of 1787, 4 1,259, 261 1, 28;$ ; resolu 
 tions of, 284; secret proceedings, 287. 
 
 Copyrights, Congress may issue, 119; 
 formerly issued by the States, 120; 
 term of, 120; mode of obtaining, 
 120; international, 121. 
 
 Corruption of blood in treason, 222; mis 
 interpreted, 22:5, 2*4. 
 
 Counterfeiting, 112 ; laws in force, 113. 
 
 , ou rt of claims, lits. 
 
 Courts of Gt. Britain, sphere of, 209. 
 
 Courts of U.S., three classes of, 196, 198; 
 officers of, 199 ; not open to citizens 
 of Kist. of Columbia and the Territo 
 ries, 205 ; powers, 210. 
 
 Currency. Bureau of, 333. 
 
 Customs, Com mi sj:>ner of, 332; Collector 
 of other officers, 335. 
 
 Dakota Territory, 312. 
 
 Dallas, George M., Vice-President, 315. 
 
 Debt, public, of U. S., 87 ; validity of, 279. 
 
 Declaration of Independence, App., i. 
 
 Delaware, ratification of the Constitu 
 tion, 288 ; first Constitution, 362. 
 
 Delegated powers, 26^-270. 
 
 Democracy defined, 18. 
 
 Department*, three, 48; Legislative, 48- 
 If.l. 314; Executive, KJl-195, 319 ; Ju 
 dicial, 195-225, a>6. 
 
 Designs, patents for, 123. 
 
 Direct taxes, 82; laid by U.S. but five times, 
 82; act of 1861, 83; clause as to, 150. 
 
 Director of the Mint, 334. 
 
 Disabilities, removal of, 278. 
 
 District Courts established, 196. 
 
 District of Columbia, clause regarding, 
 135; history of, 13;\ 136; Congress 
 has power over, 136, 137; slavery in, 
 abolished 18(12, 133 ; territorial gov 
 ernment in, 139. 
 
 Dollar. Spanish milled, 101 : weight in 1792, 
 in 1853, 101 ; trade-dollar, 104. 
 
 Duties, power of Congress to lay, 81 ; act 
 of 1789, 83; for protection of manu 
 factures, 83; must be uniform, si ; 
 on exports forbidden, 151 ; forbidden 
 to the States, 159. 
 
 E 
 Education, office of, 348; Commissioner 
 
 of, 348. 
 
 Elections for Congressmen. 66. 
 Electors of President and Vice-President, 
 
 164, 171. 
 
 Eleventh Amendment. 271. 
 Emancipation, proclamations of, 145, 146. 
 Embargo act of 1807. 90. 
 Envoys Extraordinary and Ministers 
 
 Plenipotentiary, 325. 
 Excises, power of Congress to lay, 81 ; 
 
 meaning of. <4 ; act of 1791, 84. 
 "Executive Council in certain States, 367. 
 Executive Department, 161-195; 319. 
 
 Expatriation, act of 1868, 93; treaties in 
 
 regard to, 94. 
 
 Expenditures must be published, 152. 
 Exports, value of, for 1872, 91 ; duties on, 
 
 forbidden, 151, 159. 
 Ex post facto law forbidden, 149 J case ex 
 
 parte Garland, 150; forbidden to 
 
 States, 154. 
 
 Expulsion, 70; cases in Senate, 70. 
 Extradition, 230. 
 
 F 
 
 Faith and credit to be given to the public 
 acts, 225: mode of doing it, 226. 
 
 Fifteenth Amendment. 2M>, 281. 
 
 Fillmore, Millard, Vice-President, 315; 
 President, 315, 321. 
 
 Fines, excessive, forbidden, 267. 
 
 Florida, purchase of, 234; secession of, 
 242; reconstruction of, 245; admit 
 ted into the Union, 302. 
 
 Fourteenth Amendment, 273, 274. 
 
 Franking privilege, 117; abolished, 118. 
 
 Freedom of speech and press, 264, 265. 
 
 Fugitives from justice given up, 229; law 
 of 1793, 2:i(); from another nation, 
 230. 
 
 Fugitives from labor to be given up, 231 ; 
 laws of 1793 and 1850 repealed, 231. 
 
 Gallatin, Albert, as Senator. 62. 
 
 General, office of, 129 ; pay of, 338. 
 
 Georgia, but one legislative House in 1787, 
 48; secession of, 242; reconstruction 
 of, 245; ratification of the Constitu 
 tion by, 288 ; first constitution, 362. 
 
 Gerry, Ei bridge, Vice-President, 315. 
 
 Gold, used for money, Kid; reduction of 
 coins in 1834, 101 ; a legal tender, 102; 
 ratio to silver, 102 ; the only stand 
 ard in England, 103; coinage of 1873, 
 103. 
 
 Government, civil, 9; object of, 10; not 
 merely repressive, 11; not a neces 
 sary evil, II ; forms of, 18. 
 
 Government of United States, 20-22. 
 
 Governor, term of office, 367. 
 
 Grand jury, 215,266. 
 
 Grant. Ulysses S., President, 321. 
 
 Great Britain. Government of. 18, 19; im 
 peachment in, 64, 65 ; cabinet officers 
 in Parliament, 76 ; legislative sphere 
 in, 210. 
 
 Guaranty of republican form of govern 
 ment to the States, 239-247. 
 
 II 
 
 Habeas Corpus, the writ of, 146-149. 
 
 Hainlin, Hannibal, Vice-President, 315. 
 
 Harrison, William H., President, 320. 
 
 Heads of departments, 175, 179. 
 
 Home Department, 344. 
 
 Humphries, West H., impeached, 193, 194. 
 
 Idaho Territory, 312. 
 
 Illinois, admission of, 299; constitution 
 of 1870, provisions of, 362-367. 
 
 Impeachment, power of, in House of 
 Representatives, 55; method of, 56; 
 power of trial in Senate. 64 ; if Presi 
 dent is tried, Chief Justice presides, 
 64; six cases, 65; punishment for, 
 6.1; officers liable to. 191 ; cases of, 
 192, 193; two convictions for, 194. 
 
 Implied powers of Congress, 139; views of 
 Madison, Hamilton. Marshall. Story, 
 140, 141; reasons for, 142, 143; in 
 stances of, 143, 144. 
 
 Imports, value of, for 1872, 91. 
 
 Imposts, power of Congress to lay, 81. 
 
XXXVI 
 
 INDEX. 
 
 Income tax, first levied in 1861, 85. 
 
 Independence, resolution for and declara 
 tion of, 34 ; Declaration of, App., i. 
 
 Indian Affairs, Commissioner of, 348. 
 
 Indian country, 313. 
 
 Indiana, admission of, 298. 
 
 Indians, in the United States, 91. 
 
 Indictment, 215, 216; or presentment nec 
 essary for trial, 215,266. 
 
 Indirect taxation, 82. 
 
 Inspection laws, 159. 
 
 Interior, Department of, 341-349; salary 
 of Secretary of, 344, 3-59. 
 
 Internal Revenue, system begun in 1791, 
 84; act of 1862, 86; Bureau of, 333; 
 amount of, in 1866, XJ3. 
 
 Invasion, protection from, 239. 
 
 Iowa, admission of, 304. 
 
 Jackson, Andrew, President, 320. 
 
 Jefferson, Thomas, Vice- President, 314; 
 President, 3_ 0. 
 
 Johnson, Andrew, impeached, 193, 195; 
 Vice-Pregident, 315; President, 321. 
 
 Johnson, llich d M., Vice-President, 315. 
 
 Journal of proceedings, 71. 
 
 Judge- Ad vocate General, 33S. 
 
 Judges, term of office, 195, 197; compen 
 sation of, 195, 199; two classes of, 
 196; in 18W, three classes, 197; resig 
 nation of, 19.) ; in different States, 368. 
 
 Judicial circuits, 358. 
 
 Judicial power, where vested, 195; its ex 
 tent, 200. 
 
 Judiciary, act of 17>9, 1%, 199,204. 211,214. 
 
 Jurisdiction, 206, 207; two views, 208. 
 
 Jury, grand and petit, 215. 
 
 Jury trial, 213, 219; in criminal prosecu 
 tions, 266; in other cases. 207. 
 
 Justice, Department of, 352-35,1; salaries 
 of officers of, 355, 359. 
 
 K 
 
 Kansas, admission of, 308. 
 
 Kentucky, admission of, 295; from Vir- 
 
 KinafwiiViaiii U., Vice-President, 315. 
 Ku Ivlux bill, 275. 
 
 L. 
 
 Land Office, 346. 
 Legislation, mode of, 317. 
 Legislative department, 48-161, 314-319. 
 Legislatures, State, 368. 
 Lieiitenant-General, officeof, 129. 
 Light-house Board, 335. 
 Lincoln, Abraham, President, 321. 
 Louisiana, purchase of, 234, 298; secession 
 
 of, 242; action of, 244; reconstruction 
 
 of, 245 ; admission of, 298. 
 
 M 
 
 Madison, James, President, 320. 
 
 Magna Charta, quoted, 213. 
 
 Maine, admission of, 299. 
 
 Male citizens, right of, to vote, 276. 
 
 Marque, letters of, 126; signification of, 
 127; forbidden to States, 154. 
 
 Maryland, ratification of the Constitution 
 by, 2*8 ; first Constitution, 362. 
 
 Massachusetts, ratification of the Con 
 stitution by, 288; first Constitution 
 <>f. 36j. 
 
 Michigan, admission of, 302. 
 
 Military,Academy at West Point, 333 ; Jus 
 tice, Bureau of, 3:57. 
 
 Militia. Congress may call forth, etc.; 
 laws, 1.13 ; called out three times, 134 ; 
 number in war of the rebellion, 135; 
 uecossary, 265. 
 
 Ministers Plenipotentiary, salaries of, 325. 
 
 Ministers Resident, 325; salaries of, 326. 
 
 Minnesota, admitted, 307. 
 
 Minority representation in Illinois, 363. 
 
 Mint, established, 100; branches, 100; a 
 bureau, 334. 
 
 Mississippi, secession of, 212; reconstruc 
 tion of, 245 ; admission of, 299. 
 
 Missouri in 1861, 243 ; admission of, 300. 
 
 Missouri Compromise, 301, 303, 308, 309. 
 
 Monarchy, 18. 
 
 Money, Congress has power to borrow, 86, 
 87; lias powvr to coin and regulate, 
 100. 
 
 Monroe, James, President, 320. 
 
 Montana Territory, 312. 
 
 National teuks, established in 1863 109; 
 amount of circulation, llo; advan 
 tages of, llo; number of, 333. 
 
 Naturalization, power in Congress, 91 ; 
 under Confederation, States had the 
 power of, 92; laws of, <J2; present 
 mode, 93; case of soldiers, 93; re 
 stricted, 94; suffrage without, 94; in 
 districts, 95 ; law of 1870, 96. 
 
 Naval stations, 310. 
 
 Navy, Congress has power to provide a, 
 130; number of ships and men in 1871, 
 13o; officers in, 131; government of, 
 131, 132; department of. 339-344; sal 
 ary of secretary, 340, 33J. 
 
 Navy Yards, 340. 
 
 Nebraska, admission of, 311. 
 
 Nevada, admission of, 31 1. 
 
 New Hampshire, ratification of the Con 
 stitution by, 289; temporary govern 
 ment in 1776, 361. 
 
 New Jersey, ratification of the Constitu 
 tion by, 2S8: temporary government 
 in 1776, ail. 
 
 New Mexico Territory, .,0fi, 3:3. 
 
 New States, 232; no general provision for 
 admitting in Articles of Confedera 
 tion, 232; t went y -four admitted, 232 ; 
 mode of admitting, 2R8. 
 
 New York, ratification of the Constitu 
 tion by, 29(1 ; first Constitution, 362. 
 
 Nobility, no title of, shall be granted. 153. 
 
 North Carolina, secession of, 242; recon 
 struction of, 245; ratification of the 
 Constitution by, 290 ; ceded her ter 
 ritory, 296 ; first Constitution, 362. 
 
 North-west Territory, 297: divided, 297. 
 Ordinance for, Appendix, xiii. 
 
 Nullification of South Carolina, 256. 
 
 
 
 Oath of office, of President, 175 ; required of 
 
 officers, 2 .6 ; statutes, 257, 258. 
 Observatory. Naval, 341. 
 Ohio, admission of, 296-298. 
 Ordinance of 87, 297, App.,xiii. 
 Oregon, admission of, 307. 
 Original jurisdiction of courts, 206, 207. 
 
 P 
 
 Pardons, power to grant, in the President 
 175; before conviction, 177. 
 
 Patent Office, established, 121 ; receipts 
 of, 124 ; reports, 124 ; a bureau in the 
 Department of the Interior, 345. 
 
 Patents, power over in Congress, 119 ; his 
 tory of, 121 ; Commissioner of, 121 ; 
 for term of seventeen years, 122; 
 formerly by the States, 122 ; mode of 
 obtaining. 123. 
 
 Pay of Army officers, 33s ; of privates, 3,9 ; 
 of Navy officers, 342; of seamen, 344. 
 
INDEX. 
 
 XXXV11 
 
 Teck, James H., impeached, 193, 194. 
 
 Pennsylvania, its legislature in 1787, 48; 
 ratilicatiou of the Constitution, by, 
 288; first Constitution, 362. 
 
 Pension Office, 345. 
 
 People, right of to assemble, 264, 265; the 
 source of power, 270, 370. 
 
 Pickering, John, impeached, 193, 194. 
 
 1 ierce, Franklin, President, S21. 
 
 I iracy, clause concerning, 125. 
 
 olitical powers, 210, 235. 
 
 oik, James K., President, 321. 
 
 1 ostage, 115; letter, 116. 
 
 1 ostal, cards, 116 ; money-order system, 
 117 ; telegraph, 119. 
 
 Postmasters, 115. 
 
 Postmasters-General, salary of, 350, 359; 
 list of, 351 ; Assistants, 351. 
 
 Post-office, Congress power to establish, 
 114 ; number of in 1790, and 1872, 114 ; 
 Department established, 349. 
 
 Postroads, Congress power establish, 114 ; 
 internal improvements, 118. 
 
 Pound Sterling, value of, 105. 
 
 Powers not delegated. 268 ; none delegated 
 by the States, 270. 
 
 Presentment, 215, 216, 266. 
 
 Presents from foreign powers, 153; pro 
 posed amendment, 153. 282. 
 
 President of United States has veto 
 power, 77 ; term of office, 161 ; seven 
 re-elections, 163 ; mode of electing, 
 1M-171 ; amendment in regard to 
 electing, 166; chosen by House of 
 Representatives twice, 168, 169; 
 qualifications of, 171 : case of re 
 moval of, 172-174; compensation of, 
 174 ; oath of office, 175 ; commander- 
 in-chief of the army and navy, 175; 
 power to reprieve or pardon, 175; 
 power as to treaties, 179: power as 
 to appointments, 179; power to fill 
 vacancies in recess of Senate, 187; 
 annual message, 188. 189; may call 
 special sessions, 188; may adjourn 
 Congress, 188 ; shall receive ambas 
 sadors, 188; shall see that laws are 
 executed, 188 ; list of, 319. 
 
 President pro tempore of Senate, 63; com 
 pensation of, 73. 
 
 Press, freedom of, 264, 265. 
 
 Proprietary governments, 25, 27. 
 
 Provincial, or royal governments, 25 27 
 
 Public Debt, of U. S., amount of, 87; va 
 lidity of, 279; incurred in aid of re 
 bellion declared void, 279. 
 
 Punishments, cruel and unusual, 267. 
 
 Quorum, a majority, in Congress, 69; in 
 Illinois, 363. 
 
 R 
 
 Ratification, of an Amendment to the 
 Constitution, can a State withdraw 
 her, 252; by disloyal States, 253; of 
 the Constitution, by conventions, 
 259, 2fiO; case of Rhode Island and 
 North Carolina, 261. 
 
 Rebellion, disabilities from, 277. 
 
 Reconstruction of States, 242-245; West 
 Virginia and Missouri, 243. 
 
 Register of the Treasury, duties of, 332. 
 
 Registration of letters, 116. 
 
 Religion, law respecting, 264 ; free exer 
 cise of. guarantied. 261. 
 
 Religious test for office prohibited, 257; 
 action of South Carolina, 259. 
 
 Removal from office, 1S3-187. 
 
 Reporters of the Supreme Court, 200. 
 
 Representation, 50-55; basis of, 53; ratios 
 the successive decades, 54. 
 
 Representatives, term of office, 48; how 
 chosen. 48; qualifications, 49; ap 
 portioned among the States, 50; 
 number in First Congress, 50 ; num 
 bers in successive decades, 54 ; va 
 cancies, how filled. 55, choose their 
 speaker, 55 ; have power to impeach, 
 55; number oi, reduced if the right 
 to vote be denied, 275; number ot, 
 281 ; compensation of, 282,359; in 
 State legislatures, 368. 
 
 Reprieves, power to grant, 175-177. 
 
 Reprisal, letters of marque and, 126; sig- 
 fication of, 127, forbidden to States, 
 
 Republic defined, 18. 
 
 Republican form ot government guaran 
 tied to the States, 239; defined, 240. 
 
 Retired officers, of the army, pay of, 338 ; 
 of the navy, 343. 
 
 Revenue, bills originate in House of Rep 
 resentatives, 76; Commissioner ot 
 Internal, 85. 
 
 Rhode Island, no constitution till 1842, 
 26; the Dorr rebellion, 240; ratifi 
 cation ot the Constitution by, 291; 
 first constitution, 362. 
 
 Rights, enumeration of, 268; difference 
 between political and civil, 276. 
 
 Rules of proceedings, 70. 
 
 Science, clause for promoting, 119. 
 
 Searches and seizures, 26C>. 
 
 Secession, of eleven States, 242; doctrine 
 of, discussed, 245. 
 
 Secretaries of State, list of, 323; six be 
 came Presidents,324. 
 
 Secretaries of the Interior, list of, 345. 
 
 Secretaries of the Navy, list of, 339. 
 
 Secretaries of the Treasury, list of 328. 
 
 Secretaries of War. list of, 336. 
 
 Secretary of Legation, 326. 
 
 Seignorage, Iu4. 
 
 Senate, how composed, 56; differences in 
 convention as to, 57: a permanent 
 body. r,n: vacancies, how filled, 61; 
 Vice-President the President of, 62; 
 President pro tempatv, 63; power to 
 try impeachments, 64. 
 
 Senators, how elected, 59; divided into 
 three classes, 59; doctrine of "in 
 struction," 61; qualifications. 62; 
 in State legislatures, 368. 
 
 Sessions of Congress, annual, 67; eleven 
 instances of three, by same Con- 
 giess, 08. 
 
 Signal office, 337. 
 
 Silver, reduction of, in coins, in 1853, 
 101 ; legal tender for small sums 
 since 1*53, 102; ratio to gold, 102; 
 coins of 1873, 103; trade-dollar, 1(14. 
 
 olavery, abolished in U. S., 146,271; word 
 first used, 271 ; proposed amendment 
 to perpetuate, 282. 
 
 Slaves, importation of, clause regarding, 
 144; prohibited in 1808, 145; sum 
 mary as to slavery and the slave- 
 trade, 145; payments for emanci 
 pation of, forbidden, 279. 
 
 "Social Compact," meaning of, 12; not 
 the source of civil authority, 13; the 
 fallacy of the theory, 13. 
 
 Society, the natural state of man, 12; its 
 authority, 13; of divine origin, 14. 
 
 Soldiers not to be quartered in houses 
 without consent, 265. 
 
 Solicitor General, 354. 
 
 South Carolina, secession of. 242; recon 
 struction of, 245 ; ratification of the 
 constitution by, 288; temporary gov 
 ernment in 1776, il. 
 
XXXV111 
 
 INDEX. 
 
 Sovereignty in the nation, 15, 370. 
 
 Speakers of House of Representatives, 55 ; 
 salary of, 73, 359; list of, 316. 
 
 Special sessions of Congress, 189. 
 
 Speech, freedom of, 2(54, 2(15. 
 
 Spirit ration abolished in Navy, 344. 
 
 Stamp duties, 84-86. 
 
 State Department, .522-328 ; duties of, 323 ; 
 salary of the Secretary, 323, 359. 
 
 States, their relation to the nation, 21 ; 
 prohibitions on, 154-161, 273 ; have not 
 exercised powers of sovereignty, 154; 
 out of the Union, not supposable, 
 238; not compelled to remain such, 
 238 ; guaranty to, of a republican 
 form of government, 239; duties on, 
 enjoined by the Constitution, 241 ; 
 may not be sued by citizens of 
 other, 271 ; origin of, 294, 312. 
 
 Statistics, Bureau of, 331. 
 
 Suffrage, in Continental Congress, 51; in 
 House of Representatives, 51 ; by 
 those not naturalized, 95; in some 
 States, 95; of women, 276; in differ 
 ent States, 369. 
 
 Superintendent of the Census, 318. 
 
 Supremacy of the Constitution and Laws 
 of the U. S., 255. 
 
 Supreme Court of U. S,, constitutional 
 provision for, 195 ; organization of, 
 left to Congress, 196 ; has pronounced 
 void but tfiree acts of Congress, 211 ; 
 list of Chief Justices of, 356; list of 
 Associate Justices of, 357; salaries 
 of Justices, 35 .). 
 
 Supreme Court of Dist. of Columbia, l J8 ; 
 salaries of Justices of, 359. 
 
 Surveyor, in the custom-house, 335. 
 
 Surveyors General, of the land office, 346. 
 
 Taxation by States, 160. 
 
 Taxes, power of Congress to lay, 81 ; di 
 rect and indirect, 82; direct laid but 
 five times by U. S., 82. 
 
 Taylor, Zachary, President, 3il. 
 
 Tennessee, secession of, 242; reconstruc 
 tion of, 214 ; admission of, 295 ; pre 
 viously a territory, 296. 
 
 Tenth Amendment, 268; often misquoted 
 and perverted, 269; meaning of, 270. 
 
 Territorial Courts, 359. 
 
 Territories, 312; government of, 313. 
 
 Territory, of U. S., under control of Con 
 gress, 232; Ordinance of 1787 prior 
 to Constitution, 234; no provision 
 in Constitution for acquisition of, 
 234; power to acquire incident to 
 national sovereignty, 234 ; sover 
 eignty of, vested in the nation, 236 ; 
 relation of, to the Union. 237 ; differ 
 ence between a State and, 237. 
 
 Texas, annexation of, 234 ; secession of, i 
 242; reconstruction of, 245; admis- ; 
 sion of, 3n3. 
 
 Thirteenth Amendment, 271 ; ratification 
 of, 272. - 
 
 Titles of nobility, proposed amendment 
 
 TompkhVs, V>aniefD., Vice-President, 315. j 
 
 Trade-marks, patents for, 123. 
 
 Treason, defined, 219; petit and high, i 
 22 ; constructive, 220; Aaron Burr ] 
 tried for, in 1807, 222; Congress to 
 declare punishment for, 1:22; the act 
 of 1790, that of 1862, 224 ; no treason 
 against a State, 225. 
 
 Treasurer, duties of, 331. 
 
 Treasury Department, 32s-335 ; salary of! 
 the Secretary, 32*. 359. 
 
 Treasury notes. 88; various kinds, 105; 
 made legal tender in 1862, 105; are 
 "bills of credit," 106; decision of 
 Supreme Court as to, 106; not real 
 money, 107. 
 
 Treaties, powers of the President and 
 Senate in making, 179: limitations 
 of the power of, 180; case of payment 
 of money, 180 ; now framed, 182. 
 
 Treaty, etc., no State shall enter into any, 
 154 ; clause in Articles of Confedera 
 tion, 155. 
 
 Trial, by jury, 213; question of unani 
 mity, 214 ; by military commission, 
 218; in the State where the crime 
 was committed, 266. 
 
 Tyler, John, Vice-President, 315; Presi 
 dent, 315, 320. 
 
 U 
 
 Unconstitutional, only three acts of Con 
 gress decided to be, 21 1 . 
 
 Union, relation of seceded States to the, 
 246; admission of new States into, 
 252-239, 294-31 2. 
 
 Useful Arts, clause for promoting, 119. 
 
 Utah Territory, 306, 313. 
 
 Van Buren, Martin, Vice-President, 315; 
 President, 320. 
 
 Vermont, admission of, 294; from New 
 York, 295. 
 
 Veto, by the President, 77 ; use of, by 
 different Presidents, 78 ; not appli 
 cable to Amendments to the Consti 
 tution, 80 ; of Civil Rights Bill. 227, 
 bill passed over, how certified, 319. 
 
 Vice-President, President of the Senate, 
 62; no Vice-President contemplated 
 at first, 62 ; term of office, 161; mode 
 of electing, 161-171 ; chosen by Sen 
 ate once, 169; list of, 314; salary of, 
 314, 359; no provision for filling va 
 cancy in office of, 315. 
 
 Virginia, secession of, 242 ; reconstruction 
 of, 245 ; ratification of the Constitu 
 tion by, 289 ; temporary government 
 in 1776, 361. 
 
 Vote, right to, 280. 
 
 Voting, various modes in Congress, 71. 
 
 War, Congress has power to declare, 126 ; 
 
 no formal declaration of, in the wars 
 
 of the U. S., 126, 127. 
 War Department, 335-339; established, 
 
 335 ; salary of the Secretary, 336, 359. 
 Warrants for search must be special, 2ti(i. 
 Washington, George, elected General, 32 ; 
 
 President, 319. 
 
 Washington Territory, 308, 312. 
 Weights and measures, Congress has 
 
 power to regulate, loo, 110; the 
 
 metric system authorized, ill. 
 West Virginia, 243; admission of, 309. 
 Wilson, Henry, Vice-President, 315. 
 Wisconsin, admission of, 305. 
 Witnesses, English practice as to, 218; 
 
 rights of accused persons to, 217, 266. 
 Wyoming Territory, 306, 312. 
 
 Yeas and nays, in Congress, 71 ; under 
 Articles of Confederation, 71: used 
 to delay proceedings, 71 ; in Illinois, 
 363. 
 
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