^' 
 
 I W. SIM MO MS, I 
 
 #1^
 
 ..s^ 
 
 V 

 
 INTRODUCTION 
 
 SCIENCE OF GOVERNMENT, 
 
 AND 
 
 9 
 
 COMPEND OF CONSTITUTIONAL AN6 ^\\t 
 
 •• JURISPRUDENCE ; 
 
 # 
 
 COMPREHENDING A GENERAL VIE'.Y OF THE 
 
 GOVERNMENT OF THE UNITED STATES, 
 
 AND CM' THE 
 
 GOVERNMENT OF THE STATE OP NEW YORK 
 
 TOGETHER WITH 
 
 THE MOST IMPORTANT PROVISIONS IN THE CON- 
 STITUTIONS OF THE SEVERAL STATES. 
 
 AD4PTED TO PURPOSES OF INSTRUCTION IN FAMILIES 
 AND SCHOOLS. 
 
 BY ANDREW W. yOUNG. 
 
 SECOND EDITION — IMPROVED. 
 
 WARSAW: 
 
 PDBLISHED BY THE AUTHOR. 
 1836.
 
 • . • 
 
 Entered according to the Act of Co&^ress, in the year 1836, bjr 
 Andrew W. Young, in the Clerk's Office of the District Court 
 of the Northern District of New York. -■
 
 y? PREFACE. 
 
 It is the ipeculiar fortune of the people of the United 
 States, to live under a government that secures to them, 
 in an extraordinary degree, the blessings of civil and re- 
 ligious liberty. It is believed that no other form of gov- 
 ernment is- capable of conferring upon its citizens an equal 
 amount of happiness. 
 
 Under our constitution, sovereignty resides with the 
 people: in other vsrords, they have the pow^er of govern- 
 ing themselves. Consequently, it is of the first impor- 
 tance, that the depositories of political power should know 
 how to apply this power intelligently and judiciously. 
 The power to make and to administer thellaws, is delegat- 
 ed to tKe representatives and agents of the people ; the 
 people should tkerefore be competent to judge when, and 
 how far, this power is constitutionally and beneficially 
 exercised. 
 
 Distinguished as the American peoplo arp for their 
 comparative general intelligence, a large portion of them, 
 it must be confessed, are greatly wanting in political 
 knowledge. And while so many books have been pre- 
 pared to facilitate the means of instruction, and so much 
 has been done in various ways to promote the interests of 
 education generally, it is remarkable that the science Qt^yMi 
 government has received so little attention. .1 "J 
 
 Multitudes in this republic are annually arriving at that 
 period of life, when they are to exercise, for the first time, 
 their privileges as citizens. In the state of New York 
 alone, the number is about fifteen thousand, and is com- 
 posed, chiefly, of those whose education does not embrace 
 even the first principles of political science. It is not to
 
 ir PREFACE. 
 
 be expected that political power, in such hands, can be 
 exercised with safety to the government, or with benefit 
 to the community. 
 
 In the education of youth for the business of life, it 
 seems almost to be forgotten, that they are ever to assume 
 the duties of citizens — duties of paramount importance, 
 on the due performance of which, their individual happi- 
 ness, as well as the happiness and prosperity of the na- 
 tion, mainly depends. 
 
 The follov/ing just and forcible observations, are from 
 a late report of the superintendent of common schools of 
 the state of New York. They are entitled to the consid- 
 eration of every citizen of this republic: 
 
 " On our common schools vv'e must rely to prepare the 
 great body of the people for maintaining inviolate the 
 rights of freemen. If the political fabric cannot find in 
 the public intelligence, a basis broad and firm enough to 
 uphold it, it cannot long resist the shocks to which, through 
 the collision of contending interests, it is continually ex- 
 posed. Forty-nine out o[ every fifty of our citizens, re- 
 ceive their education in the common schools. As they 
 advance to manhood, they are, for the most part, devoted 
 to manual employments. Looking to their own industry 
 as their only resource, and to its fruits as the boundaries 
 of their personal desires the object neares' their hearts is 
 to see their country prosperous, the laws administered 
 with order and regularity, and the political importance, 
 which the constitution has secured to them, maintained 
 undiminished. The controversies to which conflicting 
 interests give birth, are to be put at rest by their decision. 
 In the questions of policy which are presented to them, 
 constitutional principles are frequently involved, and the 
 relation they bear, and may in all future time bear to the 
 government, is directly or indirectly affected. How im-
 
 PREFACE. V 
 
 portant is it that their decisions should be as enlightened 
 as they will be honest ; that with eA^ery motive to be up- 
 right and conscientious in the exercise of their political 
 rights, they should combine also the capacity to maintain 
 them with independence and discretion! If they shall ev- 
 er cease to bring to the settlement of these great questions 
 a sound and enlightend discrimination, they cannot fail 
 to become the dupes ot artful leaders, and their country a 
 prey to internal discord. From the genius of our politi- 
 cal institutions, popular education is our only security 
 against present and future dangers. Ignorance is said to 
 be the parent of vice. With us it would also be the pa- 
 rent of those fatal disorders in the body politic, Avhich 
 have their cerain issue in anarchy." 
 
 In presenting this work to the public, the compiler in- 
 tends to supply, in some measure, a deficiency that has 
 too long existed in the course of education in this country. 
 Several excellent treatises on the principles of government, 
 and constitutional jurisprudence, have been published 
 within a few years. But it is believed that of those v,diicli 
 are intended as class books, none are well adapted to the 
 condition of our common schools. 
 
 But it is not for common schools exclusively, that this 
 work is intended. It is believed that there are individu- 
 als in almost every family, who will find in it much A'alu- 
 able information to which they have not before had ac-^ 
 cess. -"iSsl 
 
 The author has 'endeavored, throughout the work, to y| 
 present each subject in a plain and familiar style ; and it f*':" 
 is believed the language will be found sufficiently intel- 
 ligible to those who are of suitable age and capaci>ty to 
 be benefited by the study of this science. And he would 
 here take occasion to remind the reader or student of the 
 importance of referring to his dictionary for the definition
 
 VI PREFACE. 
 
 of such words as may not be understood. Much of the 
 advantage of reading is often lost, especially to young 
 persons, by the neglect of this practice. 
 
 The questions relating to the several sections, are 
 deemed useful in exercising the pupil. A few only are in- 
 serted, leaving it to the teacher to add such further inter- 
 rogatories as he shall find necessary. Teachers will also 
 find occasion to tax their own resources, in enlarging upon 
 and illustrating the several subjects, which could not be ful- 
 ly treated, without swelling the work to an improper size. 
 
 The chapter on the rights of landlord and tenant, not 
 being originally designed for insertion, does not occupy 
 its appropriate place in the work ; but as it was deemed 
 too important to be omitted, it has been inserted in the Ap- 
 pendix. 
 
 Originality in a work of this kind is hardly to be ex- 
 pected. Whatever of merit, therefore, may be awarded 
 to this unpretending volume, is chiefly due to other and 
 abler authors. Among the works to- which the compiler 
 is indebted, he would particuarly mention, Sullivan's 
 "Political Class Book," Chipman's "Principles of Gov- 
 ernment," Duer's "Outlines of Constitutional Jurispru- 
 dence," and the invaluable "Commentaries" of Story and 
 Kent. 
 
 With the hope that this treatise, notwithstanding its 
 imperfections, will be found in some degree useful, it is 
 respectfully offered to the patronage of a liberal commu- 
 nity.
 
 CONTENTS. 
 
 PART I. 
 
 Of the Principles of Government. 
 
 Page. 
 
 CHAPTER I. Of Man as fitted for Society, and for Civil Gov- 
 ernment and Laws, .... 1" 
 
 CHAP. n. Of Rights and Liberty.— Natural, Civil and Polit- 
 ical Rights and Liberty, . . • .20 
 
 CHAP. III. Of Laws.— The Law of Nature— Law of Revela- 
 tion — Municipal Law — Law of Nations, . S4 
 
 CHAP. IV. Of the difierent Forms of Government, . 29 
 
 CHAP. V. Of Sovereignty— and of Political and Ci^-il Powers 
 in a Government, . . . . : 34 
 
 PART II. 
 
 Historij of the Colonies — afterwards Independent States— from their 
 first Settlement, to the Adoption of the Constitution. 
 
 CHAPTER I. Discovery of America, and Settlement of the 
 
 Colonies, .:.... 40 
 
 CHAP. II. Colonial Forms of Government — Causes of the 
 
 Revolution— Commencement of Hostilities, . 45 
 
 <?HAP. 111. Sketch of the War— Adoption ol the Articles ol 
 
 Confederation — Peace — State of the Country, . . 51 
 
 PART III. 
 
 of the Guvernment of the United States. 
 
 CHAPTER I. Of the Nature and Objects of the Union, 57 
 
 CHAP. II. Of the Legislative Power.— House of Representa- 
 tatives. .....; 62 
 
 CHAP. III. Of the Senate of the United States, . . 66 
 
 CHAP. IV. Of the Senate and House of Representativas, 71 
 
 CHAP. V. Of the Manner of Enacting Laws, . 75 
 
 CHAP. VI. Of the Executive Power.— President's Term of 
 
 Office— Mode of Election— Glualifications— Salary, . 79 
 
 CHAP. VII. Powers and Duties of the President, . 86 
 
 CHAP. VIII. Executive Auxiliaries. — Department ol State — 
 of the Treasury— of War— of the Navy— Attorney General- 
 Executive Officers abroad, .... 91
 
 VIII CONTENTS. 
 
 CHAP. IX. Of the Judicial Power. — Siiprexnp, Circuit, and 
 District Courts, ..... 97 
 
 CHAP. X. Powers of Congress. — Revenue, Taxes, Duties, &c. 102 
 CHAP. XI. Revenue, continued — Collection oltlie Customs, 105 
 CHAP. XII. Public Expenditures, . .10* 
 
 CHAP. XIII. Of Commerce — Navigation — Forei<^n Com- 
 merce, . . . . . . 112 
 
 CHAP. XIV. Commerce, continued — Internal Commerce — 
 Trade with the Indian Tribes, . . . .117 
 
 CHAP. XV. Naturalization of Aliens, . . 123 
 
 CHAP. XVI. Bankruptcy, . . .126 
 
 CHAP. XVII. Money— Weights and Measures, . ' 128 
 
 CHAP. XVIII. Promotion of Science.— Copy Rights and Pat- 
 ents, ....... 132 
 
 CHAP. XIX. Piracy— Felonies on the High Seas, &o. 13G 
 
 CHAP. XX. Ot War— Letters of Marque and Reprisal— Cap- 
 tures — Army and Navy, .... 140 
 
 CHAP. XXI. Of the Militia, . : : . 143 
 
 CHAP. XXII. Of the Post Office, . : . 146 
 
 CHAP. XXIII. District of Columbia— Local Juri.sdistion,&c. 150 
 CHAP. XXIV. Miscellaneous Powers of Congress— Treason 
 — Effect of State Records — Admission of New States — Guar- 
 anties to States — Amendment of Constitution, . . 153 
 CHAP: XXV. Incidental Powers of Congress.— Curpora- 
 
 tigns — Internal Improvements, . . . 158 
 
 CHAP. XXVI. Restrictions on the Powers of Congress, 1()3 
 
 CHAP. XXVII. Restrictions on the Powers of the States, 168 
 
 PART IV. 
 
 Of the State Governments. 
 
 CHAPTER I. Maine— New Hampshire — Ma.ssachusetts— 
 
 Vermont — Connecticut — Rhode Island, . . 171 
 
 CHAP. II. New Jersey— Pennsylvania — Delaware — Maryland 
 
 — Virginia — South Carolina — Georgia . . . 177 
 
 CHAP. III. Kentucky— Ohio— Indiana — Louisiana — Missis- 
 sippi—Illinois — Alabama—Missouri, . . 1H3 
 CHAP; IV. State of New York. — Legislative Department, 188 
 CHAP. V. Executive Department, . . IDO 
 CHAP. VI. Judicial Department, . 11)3 
 CHAP. VII. Of Counties.— County OtHcers- their Powers' and 
 Duties, .....;• 200
 
 CONTENTS. 15: 
 
 CHAP. VIII: Of Towns.- -Election of Town Officerr— heir 
 Powers and Duties, . . . : ■ ,203 
 
 PART V. 
 
 Of (An Cioil Jurispru(knr,f of Ike UniUd StaUs. 
 CHAPTER 1. Of the Rig!it.s of Persons.— Absolute Personal 
 
 Ritrhts, .209 
 
 CHAP. II. Of the Domestic Relations.— Husband and Wife, 214 
 CHAP. III. Parent and Child— Infants— Guardian and Ward 
 
 — Master and Apprentice — liired Scrvant.s. . 219 
 
 CHAP. IV. Of the Right of Property.— Real Property, 223 
 
 CHAP. V. OfPersonal Property— Contract of Sale, . 22G 
 
 CHAP. VI. OfBailment— Principal and Agent— Partnership, 231 
 CHAP. VII. Bills of Exchange— Promissory Notes— Banks- 
 Insurance Companies, . . ■ • ■ ^-.S 
 CHAP. VIII. Of Crimes and rheir Punishment, 244 
 
 APPENDIX 
 
 Declaration of Independence, .... 2f)l 
 
 Constitution of the United Stales, ■. . . . 266 
 
 Constitution of the State of New York, . . 273 
 
 Rightsof Landlord and Tenant, . . . . 2U3 
 
 Practical Observations, .... 2ti9
 
 INDEX. 
 
 Section. 
 Admission of new states, 386 
 Agreements, when to be in 
 
 writing, 585 
 
 Alabama, state of, 450 
 
 Aliens and citizens, 292 — SOO 
 Alliance of slates, 423, 424 
 Alloy, meaning of, 309 
 
 Ambassadors, 216 
 
 America, discovery of, 69 
 
 Appraisers of goods, under 
 
 revenue laws, 245 — 247 
 
 Aristocracy, defined, 42 
 
 Army and navy, 346 — 350 
 
 Arrest of offenders, 645 
 
 Arson, defined, 631, 635 
 
 Articles uf coniederation, 
 
 when adopted, 106 
 
 Assay of coins, 309 
 
 Assessors, duties of, 508 
 
 Assignments, 586 
 
 Attorney general of U. S. 215 
 o'f New York, 405 
 
 Bail, defined, 587 
 
 Enilment, 588—597 
 
 Banks. 622—626 
 
 Bank of U. States, 397, 398 
 Bankruptcy, 301—306 
 
 Bigamy, 536 
 
 Bills, how passed by con- 
 gress, 158—166 
 Bills of attainder, defined, 410 
 Bills of credit, 423,426 
 Bills of exchange, &.C. 009—621 
 Body politic, [see corpora- 
 tion.] 
 B rro \v i n g m n ey , 252 — 257 
 Bribery, 
 
 Bullion, meaning of, 309 
 
 Burglary, 63t) 
 
 Cabinet, 204 
 
 Capitation tax, 236, 411 
 
 Captures, rules concern- 
 ing, 344, 345 
 Census, defined, 127 
 Chancellor, powers of, 472 — 474 
 Chancery, court of, 472 — 476 
 masters in, 473 
 examiners, 475 
 solicitors, 476 
 Chaplains to congress, 140 
 Charges des affaires, 217 
 Charter, defined, 75 
 Chattels real, defined, 572 
 
 [see personal property.] 
 Circuit courts, U. S. 230, 231 
 New York, 478 
 
 Citizens, [see aliens, &.c.] 
 Civil compact, defined, 16 
 
 Clearance of vessels, 266 
 
 Clerks to congress, 140 
 
 Coasting trade, 284 
 
 Coin, and coining, 307 — 311 
 value of coins, 310,311 
 Collector of taxes, 510 
 
 of customs, 243 
 
 Colonies, history of, 68—112 
 Colony, defined, 70 
 
 Commerce, foreign, 262 — 280 
 internal. ° 281—284 
 with Indians, 285—291 
 Commissioners, of navy, 214 
 of land office, 209 
 
 of highways, 512 
 
 of common schools, 513 
 of deeds, 571 
 
 Common law, whence deri- 
 ved, 520 
 Common pleas, court of, 479 
 Coiniaonweallh, defined, 46 
 
 1
 
 XI 
 
 Comptroller of N. York, 463 
 Congress, division into two 
 
 branches, l2l, 122 
 when to assemble, 148 
 officers of, 140 
 
 may punish members 149 
 must keep journai, 150 
 employ a printer, 151 
 adjournment of, 152 
 comp'nsat'n of mem- 
 bers, 153 
 privileges of mem- 
 bers, 154 
 disability of membersl55 
 appointment, of com- 
 mittees, 157 
 Connecticut, when settled, 81 
 stale of, 435 
 Consignors, and consign- 
 
 207 
 Constitution, defined, 52, 53 
 differently interpre- 
 ted, 117-120 
 Constables, powers and du- 
 ties of, 51o 
 Consuls, duties of, 218 
 Contract of sale, 530 
 how made, 581— 5S3 
 ('opv rights, how secur- 
 ed, 320—324 
 Counterfeiting, &c. 312—316 
 Coroners, duties of, 498 
 Corporation, definition of, 491 
 Corruption of blood, 384 
 Counties, or shires, 490 
 County officers, 493—500 
 Courts uf N. York, 471—489 
 Cumberland road, 400 
 Customs, meaning of, 237 
 how collected, 243—250 
 [see duties.] 
 Debenture, 242 
 Declaration of independ- 
 ence, when adopted, 100 
 Deeds of real estate, how 
 
 executed, 567 
 
 to be recorded, 567 
 
 to be acknowledged, 571 
 
 Delaware, when settled, 81 
 
 state of, 439 
 
 Democracy, defined, 46 
 
 Despotism, defined, 40 
 
 Diplomacy, meaning of, 205 
 
 District attorneys, of U. S. 232 
 
 ofstate of N.York, 500 
 
 District courts of U. S. 232 
 
 District of Columbia, 371—375 
 
 Drawback of duties, 241, 242 
 
 Duelling, 
 
 Duties, meaning of 237 
 
 on imports, 238 
 
 specific, 238 
 
 ad valorem, 238 
 
 on tonnage, 239, 240 
 Election of president and 
 
 vice preside-.it, 171 — 179 
 Electors of president, &c. 
 
 how appointed, 171 
 
 qualifications of, 172 
 
 when to be chosen, 174 
 
 when to vote, 175 
 
 Embargo, 274 
 
 Embezzling, 640 
 
 Entry of goods imported, 248 
 
 Errors, court of, 471 
 
 Estates, different kinds 
 
 of, 562, 563 
 
 title to real estate by 
 descent, 564 — 566 
 Executive power, wherein 
 
 vested, 167 
 
 objects of, 167, 168 
 
 Ex post facto laws, 410 
 
 Expressed and implied pow- 
 ers of congress, 402 — 405 
 Felonies and piracy, 330 — 339 
 
 [see piracy.] 
 Foreign ministers, 216 — 218 
 Forgery, 637 
 
 France, government of 45
 
 XII 
 
 INDEX. 
 
 Freedom of speech & of the 
 
 press secured 415, 416 
 
 of religious worship, 415 
 
 Freeholds, 468 
 
 General fund, 5Q'3 
 
 Geu'l sessions, court of,479, 480 
 
 Georgia, state of, 443 
 
 Gifts, vvlien valid, 575 
 
 Government, defined, 38 
 
 objects of, 39 
 
 different forms of,40 — 53 
 
 Governor of N. York, 460, 461 
 
 compensation, 460 
 
 Great Britain, government of 44 
 
 Guaranties to stales, 338 
 
 Guardian and ward, 557 
 
 Habeas corpus, writ of, 409 
 
 Homicide, 633 
 
 House of representatives, 
 
 how constituted, 123 
 term of members, 123 
 voters how qualified 124 
 qualifications of mem- 
 bers, 125 
 how appointed, 12(i 
 ratio of representa- 
 tion, 127 
 sole power to im- 
 peach, 131 
 Husband and wife, 534—549 
 when parties may 
 
 marry, 534 
 
 when re-marry, 535 
 incestuous marriage 538 
 grounds of divorce, 540 
 effect of marriao-e '.ip- 
 
 on property 541 — 543 
 obligations of, 5-14 — 540 
 Illinois, state of, 449 
 
 Imports, 238 
 
 Indiana, statu of, 446 
 
 Indian trade, 285 — 291 
 
 Indictment by jury, 486 
 
 Itispe^ tors of schools, 514 
 
 Insurmice companies, 627, 628 
 
 Internal improvementK399— 401 
 Judicial power U. S. 219 — 234 
 object of, 219 
 
 wherein vested, 220 
 tenure of office, and 
 appointment of 
 judges, 220, 221 
 
 extent of powers 223 
 Judiciary of N. York, [see 
 
 courts of N. Y.] 
 Juries, for courts of record, 
 
 hew obtained, 484,485 
 
 Justices' courts, 497 — 489 
 
 juries when allowed, 489 
 Jury, right of trial by, secur- 
 ed, 419 
 whence derived, 420 
 Justices of the peace, 516 
 Kentucky, state of, 444 
 Kidnapping, 634 
 Landlord and tenant, page 293 
 Larceny, 639 
 Law, defiiipd, 2-3 
 of nature, 25,26 
 of revelation 27,28 
 municipal, 29 — 31 
 of nations, 32 — 37 
 Laws, necessity of 4, 11 
 Legislative power of U. S., 
 
 wherein vested, 121 
 
 Legislature of N. York, [see 
 
 constilntion.] 
 Letters of marque and re- 
 prisal, 340 
 Liberty, defined, 17 
 "natural, 18,19 
 civil, ,20 
 political, 21 
 religious, 22 
 Lien on property, 601 
 Lieutenant governor of N. 
 
 York, salary, 460 
 
 Maiming, 634 
 
 Maine, state of 431 
 
 Manifest, 248
 
 INDEX. 
 
 xm 
 
 Man, fitted for society, 4—8 
 for civil governra't, 9, 10 
 Marriage, 534 
 
 Marshal, duties of, 232 
 
 Maryland, state of, 440 
 
 Massachusetts, colony of, 79 
 Master and apprentice, 558, 559 
 Militia of U. States, 351—359 
 Militia of New York, [see 
 
 constitution.] 
 Mint, 308, 309 
 
 officers of, 309 
 
 Mississippi, state of, 448 
 
 Missouri, state of, 451 
 
 Monarchy, defined, 43 
 
 Money, power to coin, 307 
 Murder, G30 
 
 Navigation, 264 
 
 encouratred by dis- 
 criminating duties264 
 [see vessels.] 
 Navy of U. States, 349, 350 
 department of, 213 
 
 New Hampshire, state of, 432 
 Negative power, defined, 431 
 absolute & qualified, 431 
 New Jersey, state of, 437 
 
 New states, admission of, 386 
 New York, when settled, 80 
 state of, 452—517 
 
 Nobility, titles of, may not 
 
 be granted, 414, 423 
 
 Notaries public, duties 
 
 of, 620, 621 
 
 Obligation of contracts, may 
 
 not be impaired, 427 
 
 Offences against law of na- 
 tions, 330, 338, 339 
 Oligarchy, defined, 42 
 Overseers of poor, 511 
 Parent and child, 550 — 554 
 Partnerships, 602—605 
 Passenger vessels, 268 
 Passport for vessels, 267 
 Patents, how obtained 325 — 329 
 
 Pennsylvania, state of, 438 
 Pensions, 212 
 
 Pensions, to whom granted 212 
 Perjury, defined, 641 
 
 subornation of, 641 
 
 Piracy and felonies, 330 
 
 slave trade, 332 
 
 Poll, meaning of, 411 
 
 Post office departm't, 360—370 
 Power of the government to 
 
 lay taxes, 235 
 
 to borrow money, 252 
 to regulate com- 
 merce, 263 
 to make laws regard- 
 ing naturalization 
 and bankrupcy, 292 
 to coin money, &c. 307 
 to punish connter- 
 
 feiling, 312 
 
 to establisii post of- 
 fices & post roads, 360 
 to promote science 
 
 and useful arts, 318 
 [see copy rights and 
 
 patents.] 
 to constitute courts, 330 
 [see judicial powers] 
 to punish piracies, 
 
 &c. 330 
 
 to declare war, 340 
 
 to raise armies, 346 
 to legislate over ce- 
 ded territory 371, 376 
 to admit new states 386 
 to dispose of territo- 
 ry, 387 
 to propose amend- 
 ments to the con- 
 stitution, 389 
 to carry into effect 
 its delegated pow- 
 ers, 395—405 
 President, term of office, 169 
 election oC 171—179
 
 XIV 
 
 INDSlt. 
 
 President, qualifications 
 
 of 180, 181 
 
 vacancy in office pro- 
 vided for, 183—185 
 compensation, 186, 187 
 oath of office, 188 
 
 power of pardon, 192 
 to make treaties, 193 
 to appoint officers 
 with advice of sen- 
 ate, 195 
 to fill vacancies 197, 198 
 to remove officers, 199 
 must communicate 
 
 with congress, 200 
 may convene con- 
 gress, 201 
 Principal and agent, 598 — 601 
 Promissory notes, [see bills, 
 
 of exchange.] 
 Property, real, 561 — 571 
 
 personal, 572—578 
 
 Public debt, 254—261 
 
 Protecting duties, 276 — 279 
 Quarantine, signification of 275 
 Real estate, 561 — 571 
 
 Registry of vessels, 26.5 
 
 F'^public, defined, 46 
 
 tlestrictions on the powers 
 
 of congress 406 — 422 
 of stales, 423—429 
 
 235 
 
 Revenue, defined, 
 Revenue cutter, 
 Rhode Island, state of. 
 Rights, defined, 
 
 natural rights, 
 political and civil, 15, 16 
 ■ obbery, 638 
 
 lie, contract of, [see con- 
 tract of sale.] 
 
 amen, to be Americans, 269 
 sick provided for, 271 
 ;retary of state — of treas- 
 ury — of navy — of war. 
 [see the departments.] 
 
 Secretary of state, N. Y. 462 
 Senate of U. States, 132 
 
 Senators, how chosen, 133 
 
 termofoff.ee, 134 
 
 division into classes 135 
 vacancies, how filled 136 
 qualifications of, 138 
 Servants, hired, 560 
 
 Sheriffs of New York, 497 
 
 Sinking fund, defined, 258 
 Slave trade, [see piracy.] 
 Smuggling, 249 
 
 South Carolina, state of, 442 
 Special sessions, court ot, 483 
 Stamp act, passage of, 90 
 
 State, department of, 205 
 
 State reeords, effect of, 385 
 States, restrictions on 423—429 
 powers reserved to, 402 
 Supreme court, U. S. 226—229 
 of state of N.Y, 477 
 Supervisors, duties of, 504 
 board of, 494 
 
 Surrogates, duties of, 499 
 
 Surveyor general of N. Y. 466 
 Taxation and taxes, 236, 237 
 assessment of, 508, 509 
 Territory, power of con- 
 gress to dispose of, 387 
 Town clerk, duties of, 505 
 Tow n meetings, 503 
 Towns, corporate powers of502 
 250 1 Treason against U. S. 379—384 
 436 
 12 
 14 
 
 against state of N.Y. 629 
 Treasurer of New York, 464 
 Treasury department 207 — 210 
 Treaties,by whom made 193,194 
 Treaty defined, 193 
 
 Union, nature of, 113—120 
 Vacancies, in office of pres- 
 ident, how to be 
 filled, 183, 184 
 
 in the senate, 136, 137 
 in the house, 130 
 
 Vermont, state of, 434
 
 INDEX, 
 
 xr 
 
 Vessels U. S. privileges of, 264 
 regulations concern- 
 ing, 265—271 
 foreign, 272, 273 
 
 Vice president, how elected 169 
 to preside in senate, 139 
 when act as presi- 
 dent, 183 
 compensation of, 187 
 
 Virginia, when settled, 71 
 
 Virginia, state of, 441 
 
 War, power to declare, 
 
 where vested, 340 
 offensive &defeosive340 
 how declared, 342 
 
 department of, 312 
 
 Washington, appointed com- 
 mander-in-chief 98 
 seat of government, 373 
 
 Weights and measures, 317
 
 PART FIRST. 
 
 OF THE PRINCIPLES OF GOVEP.NMENT. 
 
 CHAPTER I. 
 
 Of Man dsfitUrlfor Society, and for Civil Gove mm cut 
 and Laws. 
 
 i. It has been maintained that the savage state is the 
 only natural state of man. and that he can, in no other 
 state, be perfectly happy. It is supposed that social im- 
 provement generates a wicked disposition in man, Avhich 
 might, in an uncivilized state, forever lie dormant ; and 
 that civil government has a tendency to encourage vice, 
 and becomes the cause of the miseries that exist in socie- 
 ty, instead of preventing them. 
 
 •2. Others maintain that the necessity of laws arises 
 ;Vom the wicked disposition of man ; that they are neces- 
 sary only to restrain the evil and violent passions ; and 
 to prevent the miseries which men are prone to inflict on 
 each other: consequently, were ail men truly virtuous 
 and purely benevolent, lav/s for their government would 
 be wholly unnecessary. 
 
 3 There are others who hold that man v.-as originally 
 
 1. What is said of man in the savnge state; and of the effect of 
 
 ril government on anan'^ liappiness"? 2. From what do otheVs 
 
 ■V anises the neccssilv of laws1 3. What other opinion is held 
 
 B
 
 13 PRINCIPLES OF GOVERNMENT. Part I 
 
 designed for civil g-ovevnment, and that he is under a 
 necessity of nature to adopt it; but who hold, at the same 
 time, that, on entering- into civil society, he necessarily 
 gives up a portion of his natural liberty, of his natural 
 rights, to secure the remainder. It seeir.s to follow, as the 
 conclusion of this theory, that man is but partially fitted 
 for civil society. This opinion, however, is supported by 
 many of the most distinguished political writers. 
 
 4. But a theory somewhat different from these, and, it 
 is believed, a more correct one, has been adopted by some 
 writers, who maintain, that man is fitted for society by the 
 constitution and la^vs of his nature ; and that, for the se- 
 cure enjoyment of both natural and civil rights, govern- 
 m.ent and laws are necessary to social beings, with what- 
 ever virtues they may be endued. 
 
 5. But whatever difference of opinion may prevail in 
 regard to the correctness of these several theories, few, it 
 is presumed, will doubt, tliat man is fitted by nature for 
 societ}'- and civil government: and that, in his present 
 state, civil government and laws are necessary for the 
 regulation of his conduct. 
 
 6. "Man is so formed by nature," says Vattel, " that 
 he cannot suffer by himself, and he necessarily stands i:i 
 need of the assistance and support of creatures like him- 
 self, to preserve and protect his own being, and to enjoy 
 the life of a rational animal. This is sufficiently proved 
 by experience. We have instances of men nourished 
 nmong the bears, who had neither a language nor the 
 use of reason, and, like the beasts, had only the sensual 
 powers. 
 
 7. "We see moreover that nature has refused men ths 
 natural strength and arms with which she has furnished 
 other animals; giving them, instead of these advantages, 
 those of reason and speech, or at least of acquiring them 
 by a commerce with their fellow beings. Speech enables 
 them to converse Avith each other, and to extend and raise 
 
 ■on this subject? To what conclusion does this theory lead? 4. 
 Wha,r, other theory has been adopted, in retation to mon'.s capacity 
 forsocieiy and civil governmnt, and liie necessity cf laws? 6, 7,
 
 Chap. I. or MAN AS A SOCIAL BEING. lO 
 
 to perfection their reason and knowledge; and, being thus 
 rendered intelligent, they find a thousand methods of pre- 
 serving themselves, and supplying their wants. Every 
 one also becomes sensible that he can neither live happily, 
 nor improve himself, without the assistance and conversa- 
 tion of others. Since, then, nature has thus formed 
 mankind, it is a manifest proof that she has designed they 
 should converse with one another, and grant to each other 
 their mutual assistance." 
 
 8. That man is by nature designed for society, may b« 
 inferred also from his appetite to associate with his fellow 
 man. The appetite or propensity for this association, and 
 the pleasure derived from it, are common ^o all mankind, 
 and evidently originate in their nature. 
 
 9. Man seems equally fitted for civil government. H« 
 has been endowed with high moral and intellectual facul- 
 ties. He has the power to discern his own wants and 
 the wants of others. He has a moral perception of what 
 is right and what is wrong, and a sense of his obligation 
 to do what is right, and to forbear to do what is wrong. 
 His reason enables him to understand the meaning of 
 laws, and to discover what laws are necessary to regulate 
 human actions. 
 
 10. Patriotism, or love of country, prevails universally 
 among mankind ; and this national attachment leads men 
 to seek and to promote the welfare of the community to 
 which they belong, and contributes much to the fitting of 
 them for civil government. 
 
 11. But with all his adaptation to society, and his ca- 
 pacities for civil government, man, being imperfect, will 
 be guilty of deviating from the rule of rectitude, and of 
 infringing the rights of others. Whether ^this transgres- 
 sion be the consequence of ignorance, weakness in judg- 
 ing, or inattention in. examining; or whether it result 
 
 8. How is man formed b}^ nature? How is ihis proved? What 
 advantage does man derive from the faculty of speecli? 9, 10. 
 Wherein consists the evidence that man is hiied for civil govern- 
 ment? 11. Why are laws necessary to regulate the conduct o( 
 men?
 
 20 PRINCIPLES OF GOVERNMENT. Part I. 
 
 from a disposition habitually vicious; laws are necessary 
 to regulate the conduct of men toward each other, and to 
 secure to the members of a community the enjoyment of 
 their rights. Without laws, there would be no security 
 to person or property ; the evil passions of men would 
 prompt them to commit all manner of wrongs against 
 each other, and render society, (if society can be said to 
 exist without law,) a scene of violence and confusion. 
 
 CHAPTER II. 
 
 0/ Rights and Liberty. — Natural, Civil and Political 
 Rights and Liberty — Right of Opiyiion. 
 
 12. The word right, when applied to action, signifies 
 what is fit and proper to be done, as opposed to wrong. 
 But as a substantive, in the sense in which it is here used, 
 It means the just title or claim which a person has to any 
 thing; and it signifies that the thing belongs to him who 
 is said to have the right. Thus it is declared in the 
 American Declaration of Independence : " that all men 
 are endowed with certain unalienable 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 ; and that, whenever any form of government 
 becomes destructive of these ends, it is the right of the 
 people to alter or abolish it." 
 
 iS. The object of civil institutions is, or ought to be, 
 tlie security of those personal rights, in the lull and free 
 enjoyment of which true liberty consists. The rights of 
 ni.mkind are denominated, first, natural rights; secondly, 
 political rights; and thirdly, civil rights. 
 
 12. What is the definition of the word rlsht, as applied to action? 
 ^Vliat a:s a substantive? ' lu what sense is it here used? 13. What 
 1 ■> Uk' obj.jct of civil instirutionk? 14. What are natural rights?
 
 Chap. II. RIGHTS AND LIBERTY. 21 
 
 14. Natural rights are said to consist in the rights of 
 personal liberty, of personal security, and of private prop- 
 erty. These laws originate in the laios of our nature ; 
 and they cannot be forfeited but by the commission of 
 some crime against the good and wholesome laws of the 
 community. 
 
 15. Political and civil rights are generally considered 
 and treated as belonging to the same class of rights ; 
 although each is clearly a distinct class. Political rights 
 are the rights and powers granted to the people by the 
 constitution, ox fundamental law of the state. The right 
 and power of making laws, the power of appointing, 
 electing and controlling the officers of a government, and 
 the right of altering and amending the constitution itself, 
 are rights conferred by the constitution, and are therefor* 
 properly denominated political rights. 
 
 1 6. Civil rights are those that are guarantied to citi- 
 zens by civil institutions, and are contained in the class 
 of natural rights — the right of personal liberty, of per- 
 sonal security, and of private property, together with the 
 numerous rights derived from these. They are called 
 natural rights, as they have their foundation in the laws 
 of social nature ; but they are denominated civil rights, 
 because, for their secure enjoyment, they depend on the 
 social or civil compact. By civil covipact is understood 
 that agreement or contract, by the terms of which the 
 members of a community are governed. The right to 
 obtain legal redress for an injury done by another, or the 
 right secured to an individual by the laws of the commu- 
 nity tp which he belongs, of enjoying the free use of his 
 property, are therefore termed civil rights. 
 
 1 7. Liberty, applied to man, consists in the free exer- 
 cise and enjoyment of his rights ; and this liberty is either 
 natural, civil, or political, according as reference is had to 
 one or the other of these rights. Herein consists the 
 difference between liberty ZinA right : the latter signifying 
 
 Ifi, 16. "What is the distinction between political and civil rights'? 
 What is understood by civil compact? 17. What is liberty? The 
 difference between liberty andright? 18. In what does natiiral \\h-
 
 22 PRINCIPLES OF GOVERNMENT. Part I. 
 
 the just claim or title which a person has to any thing : 
 the former, the exercise and enjoyment of his rights. 
 
 18. Natural liberti/ consists in a power and freedom of 
 acting as one thinks fit, without any constraint or control, 
 unless by the laws of his social nature. In other words, 
 moral or natural liberty is a permission which nature 
 gives to all mankind of disposing of their persons and 
 property, in such a manner as they shall judge most con- 
 sonant with their own happiness ; on condition that they 
 act according to the laws of nature ; that they do not in 
 any way abuse it to the prejudice of other men ; and that 
 they observe towards others all the moral duties enjoined 
 by these laws. 
 
 19. It is not essential to the enjoyment of natural lib- 
 erty, that a man may do whatever his passions may urge 
 him to attempt. If, therefore, moral obligation be con- 
 sistent with moral or natural liberty, it would seem tha* 
 man does not necessarily give up, as some suppose that 
 he does, a portion of his natural liberty, when he enters 
 into civil society, l^he physical power to injure himself 
 or others, does not imply that the laws of his nature give 
 him a right to do so. The law of nature is founded on 
 the principles of justice ; which require every man to re- 
 gard the rights of others as well as his own. 
 
 20. Civil liberty consists in the secure exercise and 
 enjo)Tnent of all civil rights. It is that liberty which a 
 man enjoys as a member of society, and is said to be no 
 other than natural liberty just so far restrained as is ne- 
 «essary and expedient for the general advantage of the 
 public. It can be enjoyed only under an upright and 
 impartial administration of just, equal and expedient 
 laws. 
 
 2 1 . Political liberty consists in the exercise and enjoy- 
 ment of political rights, rights reserved to the people by 
 the constitution, the fundamental laws of a state, in such 
 manner, and under such regulations only, as are provided 
 
 erty con.sist? 19. What does natural liberty rot license a man to 
 do' On what is the law of nature founded'? 20. What is civil 
 Libtirtj? How only can it be enjoyed? 21. Wh&i is political \i\>-
 
 ( 'hap. II. RIGHTS AND LIBERTY. 2| 
 
 md authorized by these law's. The important end of 
 
 olilical liberty, and for which alone it is valuable, is to 
 
 -:'cure the permanent enjoyment of civil liberty. It is 
 
 le only security against political slavery. 
 
 22. Besides the rights above mentioned, is the ri^ht of 
 
 ^jjinion. The right of private opinion, or of private 
 
 idgment, is a right that cannot be interfered with without 
 
 violation of the law of nature. The exercise and en- 
 
 .:)yment of this right consist in the liberty of a man to 
 
 iot agreeably to his religious opinion; and in the liberty 
 
 .)f political opinion, the liberty of every person to express 
 
 and publish his opinions on all subjects relative to th« 
 
 government. Among the " unalienable rights " with 
 
 which men are created, is religious liberty. This liberty 
 
 has been denominated " the liberty of conscience," and 
 
 "the rights of conscience." It is defined to be, " th« 
 
 liberty which a man has of discussing and maintaining 
 
 his religious opinions, and of worshipping God in that 
 
 way and manner, which he believes in his conscience to 
 
 be most acceptable to his Maker, without being liable tn 
 
 any degradation, penalties or disqualifications, civil or 
 
 political." The liberty of speech and of the press, and 
 
 the liberty of conscience, are enjoyed in the United States 
 
 to their full extent. But this liberty does not imply that 
 
 a person may so act as to violate the rights of others, or 
 
 to disturb the good order of society. 
 
 erty? For what is it valuable? 22. In wbal consists the righf. 
 oi opinion?
 
 24 PRINCIPLES OF GOVERNMENT. Part I, 
 
 CHAPTER III. 
 
 Of Laws. — The Law of Nalure — Law of Revelation — 
 Municipal Law — Law of Nations. 
 
 23. Laav, in its most general and comprehensive sense, 
 signifies a rule of action ; and is applied indiscriminately 
 to all kinds of action, whether animate or inanimate, 
 rational or irrational. Thus we say, the laws of motion, 
 of gravitation, of optics, of mechanics, as well as the laws 
 of nature and of nations. And it is a rule prescribed by 
 some superior, and which the inferior is bound to obey. 
 In a more confined sense, it denotes the rules of human 
 action or conduct: that is, the precepts by which man, 
 the noblest of all sublunary beings, a creature en*lowed 
 with both reason and free will, is commanded to make 
 use of these faculties in the general regulation of his 
 behavior. 
 
 24. Man, considered as a creature, must necessarily be 
 subject to the laws of his Creator ; for he is entirely a 
 dependent being. A being independent of any other, has 
 no rule to observe but such as he prescribes to himself: 
 but a state of dependence obliges the inferior to take the 
 will of him on whom he depends as the rule of his 
 conduct, in all those points in which his dependence con- 
 sists. 
 
 25. As man is dependent on his Maker for every 
 thing, he should in all points conform to his Maker's will. 
 This will of his Maker is called the law of iiatv.re. For 
 God, when he created man, and endued him with free 
 will, laid down certain immutable laws of human nature, 
 by which that free will was in some degree regulated and 
 restrained, and gave him also the faculty of reason to dis- 
 cover the meaning of these laws. These laws are found- 
 ed in those relations of justice that existed in the nature 
 of things. 
 
 23. What is law, in a general sense? In a more confined sense? 
 34. To what laws is man subjecf! 25. What is meant by the lavs
 
 Chap. III. OF THE NATURE OF LAW?. 25 
 
 26. These are the eternal and unchangeable laws of 
 good and evil to which the Creator himself conforms ; 
 and which he has enabled human reason to discover, so 
 far as they are necessary for the conduct of human actions. 
 Among the principles of these laws are the following : 
 That we should live honestly, should hurt nobody, and 
 should render to every one his due. And in order to 
 prompt men to pursue the rule of right, the Creator has 
 been pleased to make their happiness depend on the 
 practice of this rule. This law of nature is superior to 
 all other laws. It is binding in all countries, and at all 
 times ; and no human laws which are contrary to it, are 
 of any validit3\ 
 
 27.^ If man's reason vfere always, as before his trans- 
 gression, clear and perfect, and unclouded by prejudice, 
 he would need no other guide : but his moral faculties 
 having been impaired. Divine Providence, in compassion 
 to the frailty, imperfection and blindness of human reason, 
 has been pleased to discover and enforce his laws by im- 
 mediate and direct revelation. The doctrines thus deliv- 
 ered are called the revealed or divine law, and are found 
 in the Holy Scriptures. These precepts agree with the 
 original law of nature. Both originate from the same 
 source, are of equal obligation, and tend alike to promote 
 the good 01 mankind. 
 
 28. Upon these two foundations, the law of nature and 
 the law of revelation, all human laws depend : that is to 
 say, no human laws should be suffered to contradict these. 
 If any human law should enjoin us to do any thing that 
 is forbidden by the natural or divine law, we are bound 
 to transgress that human law. But in regard to matters 
 which are neither commanded nor forbidden by those 
 superior lavvs, a human legislature may make an action 
 unlawful which before was not so. If the congress of the 
 United States should pass a law, prohibiting the importa- 
 
 cf nature? 2G. What are some of the principles of the law of 
 nature? What is the extent of its obligation? 27. What is the 
 •revealed or divine law? With what other law does it agree? Tc 
 what do the laws of nature and of revelation tend? 28. On vvhat
 
 ?6 PRINCIPLES OF GOVERNMENT. • Part I. 
 
 tioii of a certain commodity from a forei<^n country, the 
 importation of such commodity would be an unlawful 
 act, although in itself not unlawful, being neither com- 
 manded noi forbidden by a superior law. 
 
 29. Municipal or civil laic, as defined by Blackstone, 
 is a rule by which particular districts, communities or 
 nations are governed; a rule of civil conduct prescribed 
 by the supreme power of a state, commanding what is 
 right, and prohibiting what is wrong. Municipal, derived 
 from a Latin word, had reference to the particulgir customs 
 of one single municipivm or free town ; yet it is with suf- 
 ficient propriety applied to a state or nation which is gov- 
 erned by the same laws and customs. 
 
 30. But the definition of municipal law, as given by 
 the celebrated English commentator, is not strictly correct 
 when applied to namicipal law in a free government, 
 where absolute and unhmited power is not committed to 
 any one of its organs. A discriminaiing American author 
 gives the following as a more accurate definition : " iVlu- 
 nicipal law is a rule of civil conduct prescribed by a 
 competent authority in the state, enjoining what ought to 
 be done, and prohibiting what ought not to be done." 
 
 31. Chancellor Kent, in his commentaries on Ameri- 
 can law, observes: "The principle in the English gov 
 arnment, that the parliament is omnipotent, does nol 
 prevail in the United States ; though, if there be no con- 
 stitutional objection to a statute, it is with us as absolute 
 and uncontrollable as laws flowing from the sovereign 
 power under any other form of government. But in this, 
 and in all other countries, where there is a written con- 
 •titution designating the powers and duties of the legisla- 
 tive, as well as of the other departments of the government, 
 an act of the legislature may be void as being against the 
 sonstitution." 
 
 Inws do human laws depend for their validity? 29. How is nm- 
 nidpiilot ciril law defined' 30. What other definition isgivento it? 
 Jl. What difference in the nature of the English and United States' 
 SDTernments. renders this distinction necessar}' as applied tu tho
 
 Chap. III. OF tttE NATURE OF LAWS, 2? 
 
 32. As it is impossible for the whole race of mankind 
 to be united in one great society, they must necessarily 
 divide into many, and form separate states and nations, 
 entirely independent of each other, and yet liable to mu- 
 tual intercourse. Hence arises another kind of law, called 
 the law of nations. This law is defined to be " the sci- 
 ence of the law subsisting between nations and states, 
 and of the obligations that flow from it." It is properly- 
 divided into three kinds : First, the necessary or internal 
 lavT o£. ru^ons; secondly, the conventional ; and thirdly, 
 the custOTnary law of nations. 
 
 33. The internal law of nations is the law of nature 
 applied to nations or states as moral persons. This law 
 is called «.ccei\s^/-y, because nations are absolutely obliged 
 to observe it. It is called internal, as it is obligatory m 
 point of conscience. It is also termed the natural law of 
 nations. The law of nature as applied to nations, as well 
 «s when applied to individuals, aims at the general good 
 of mankind. It requires them to do for others what their 
 necessities demand, and what they are capable of doing, 
 without neglecting ths duties they owe to themselves. So 
 far as the law of nations is founded on the principles of 
 natural law, it is equally binding in every age, and upon 
 all mankind. 
 
 34. There are, however, some cases, in which the law 
 of nature is not applied to states as to individuals, as the 
 subjects are different from each other. Individual mem- 
 bers of a community are associated for their mutual benefit, 
 under laws by which they agree to be governed. But as 
 nations are independent, each is the sole judge of its 
 rights, of the violation of these rights by others, and of 
 tlie mode- of redress. In case a dispute arises between 
 tyo nations, no other is permitted to impose constraint on 
 eithePiparty. Each has the liberty of judging what its 
 duty requires. 
 
 rftspective governments? 3-2. What is understood by the lau- #/ 
 nations? Whence does it arise? 33. What is tlie internal law %{ 
 nations? Why is it called necessary? Why internal? What are 
 the nature and objects of this law? 34. Why is not the law ol 
 nature applied, in all cases,, to nations as to individuals? 35. Hovr
 
 23 PRINCIPLES OT GOVERNMENT. Part I- 
 
 35. Obligation is distinguished into internal and exter- 
 nal. It is internal, as it binds the conscience, and com- 
 prehends the rule of duty : it is external, as it is consid- 
 ered relatively to other men, and as some right iiows 
 from it. External obligation is divided into perfect and 
 imperfect, as is also the right produced by such obliga- 
 tion. The 'perfect obligation is that which produces a 
 right to constrain him on whom the obligation rests, to 
 fulfil it ; the imperfect gives only a right to demand. The 
 obligations and rights of nations are therefore •ipiffect: 
 each has the liberty of judging what its duty Tequires, 
 and of doing as it chooses, without being obliged %j 
 another to do otherwise. 
 
 36. The law of nations is conventional, when it is es- 
 tablished by treaties, leagues or agreements. A treaty 
 is a bargain or agreement between two nations, by which, 
 they mutually promise to be governed in their conduct 
 toward each other. This law is also called the arbitrary 
 Law of nations. It is fully obligatory on the contracting 
 parties, so far as it does not violate the rights of others,- 
 or the duties which each owes to itself 
 
 37. The customary law of nations is iounded on a tacit 
 consent of those nations that have observed it with respect 
 to each other, and is mutually binding on all who have 
 adopted it, until they expres.sly declare that they will not 
 adhere to it. No custom, however, though it may have 
 been established by long and universal usage, is of any 
 force, if its observance requires the violation of a natural 
 law ; and such custom should be abandoned. 
 
 IS obligation distinguished? How is it iiiiermd? and how external! 
 What is ferfect obligation? and what inifcrfect? 36. When is 
 the law of nations conventional? Why is it called arhitraryf 
 What is a treoAyl 37. What is the customary \zl\v of nations?
 
 Ohap. IV. FORMS Of GOVERNMENT. 29 
 
 CHAPTER IV. 
 
 Of the different Forms of Governvieni. 
 
 38. Government, in a political sense, is that form of 
 fundamental rules and principles by which a state or na- 
 tion is governed, or by whicii the members of a body 
 politic are to regulate their social actions. By govern- 
 mentJs Jlpo meant the administration ol' public affairs, 
 accorcunYi-O established constitutions, laws and usages. 
 
 89. Tne object of government is lo secure to themem- 
 ber.-3 of a community the enjoyment of their natural rights. 
 As every government is designed to promote the happi- 
 ness and well being of its citizens, that government must 
 be the best which conduces most lo this end. Govern- 
 ments, good or bad, have existed in all ages. 
 
 40. The most common forms oi government are the 
 following: 
 
 (1.) A desfolism; in which arbitrary power is exercised 
 by ojte man. Despot is a word of Greek origin, signify- 
 ing master, or lord. At a later period, it became an 
 honorary title, given by the Greek emperors to their sons 
 and sons-in-law, when governors of provinces. At pres- 
 ent it means an absolute ruler, as the emperor of Russia. 
 In a narrower sense, it conveys the idea of tyranny. 
 Tyrant, also, is of Greek origin, and has nearly the same 
 meaning as despot, signifying king, or absolute ruler. 
 These words had net originally the bad signification 
 which is now attached to them. BuL as the possessor of 
 uncontro'led power usually abuses it, they came at length 
 to signify abuser of pov/er. 
 
 41. Turkey and Russsia are despotic in a high degree. 
 In Turkey, the sultan has unlimited control over the 
 properly and lives of his subjects, especially the highest 
 officers of state, whom he can remove or put to death at 
 
 .38. What is the meaning of, s'oi'enr.^aewi? 39. What is its object? 
 H). What is a despotum? What is ihe ori;<Tin ol the words dcaput 
 ■:)j)ii LyrcM? 41. What power does the sultan possess? What is
 
 30 ' PRINCIPLE! OF GOVERNMENT. Part I. 
 
 h)8 will. He makes laws without being himself subject 
 to them. He isTcstrained only by the Koran and the 
 fear of rebellion. Th« Koran is the bible of the Ma- 
 hometans, containing the pretended revelations of their 
 prophet. The people have no rights. Such is their ig- 
 norance, that they do not seem to know that they could 
 be in a better condition. 
 
 42. (2.) An aristocracy; in which the supreme power 
 is exercised by privileged classes, or in which they are 
 allowed a disproportionate share. When t3Ataj|r i» i" 
 the hands of a k\\, it is called an oligarchy, \^ich is by 
 some thought to be the worst of all governments. 
 
 43. (3.) A monarchy; which is a form of government 
 in which the supreme power is lodged in the hands of a 
 single person. Such a state is usually called a kingdom, 
 or an empire. This name is generally given to a large 
 state only. But it is sometimes applied to a state or king- 
 dom in which the supreme magistrate is limited by a 
 constitution or laws. Hence we speak of despotic 
 or absolutt monarchies, and of limited or mixed mon- 
 archieii. Of the latter class are Great Britain and 
 France, 
 
 44. In Great Britain, the power is lodged in the hands 
 of a king, nobles, and a body representing in some de- 
 gree the rights and interests of the great body of the 
 peopla. The nobilit)^ are persons who enjoy a rank above 
 the common people. They claim the highest civil hon- 
 ors and privileges, often by no other right than the right 
 of birth; and, with the archbishops and bishops, they con- 
 stitute the house of lords. The house of commons, the 
 representative branch of the legislature, consists of the 
 representatives of cities, boroughs and counties, and are 
 «hosen by men who possess the property or qv.alifications 
 required by law. These two branches of the legislature 
 are called the parliament. 
 
 the Eoran? Tha condition of the people'? 42. What is «n aris- 
 tocracy? 43. What is a monarchy? What different kinds of mon- 
 arohies are there.? 44. In what bodies arc the powers of goyem- 
 ■aent lodged in Great Britain? How is the parliament constitutedl
 
 Chap. IV, TOKMS OF GOTERNMENt. 31 
 
 45. In France, the executive power belongs to the 
 king". He is commander of the sea and land forces ; he 
 declares war, and makes all appointments. The legisla- 
 tive power rests in the king, the chamber of peers, and 
 the chamber of deputies. The king proposes the laws. 
 The peers are nominated by the king; and their dignity 
 was formerly either granted for life, or made hereditary, 
 at his pleasure. But since the revolution of 1830, the 
 hereditary quality of the French peerage has been abol- 
 ished, '^e deputies are elected by the electoral col- 
 leges; the ministers of state may be members of either 
 chamber. 
 
 46. (4.) A republic, or coinmonweallh, the last form of 
 government which shall be here noticed, is a state in 
 which the sovereign power is lodged in representatives 
 elected by the the people. Such is the government of the 
 United States. The democracies of Greece are often 
 called republic.^. A democracy, however, is a government 
 in which the people meet in one assembly, and enact and 
 execute the laws. But this can be done only in a very 
 small community. Our government is therefore a repre- 
 sentalive repiohlic, because the people, instead o^j^iacting 
 laws in person, elect a small number to repres4rrt,them. 
 But as political power is retained in the hands of the 
 people, our government may with some propriety be called 
 a democracy. 
 
 47. From the description here given of a mixed mon- 
 archy and a representative republic, these two forms of 
 government may appear in a considerable degree simiiar. 
 But though the king may have no greater pouter in 
 making laws than the president of the United Stat«s, he 
 obtains his power by hereditary right, or right by birth, 
 independent of the suffrages of the people, and often 
 contrary to their wishes. So also with regard to th« 
 higher branch of the legislature : its members, hold their 
 offices, either by right of birth, or by appointment of th« 
 
 4.5. By what bodies in France? How is the legislature constituted^ 
 4(). What i« a republic? A democracy? What kind of a gorem- 
 meat is that of the Uniten States? 47. Wherein consists the dif-
 
 32 PRINCIPLES OF GOVERNMENT. Pari I. 
 
 king. And although the lower branch is elective, such 
 have been i le qualification? required of tne electors, as to 
 throw tile legislative power virtually in o the hands of the 
 more favored classes. 
 
 4S. J 1 France, ii a population of 32,000,000, there 
 were, in 1S30, about 215,000 electors; no person being 
 allov/-Pu to vote unless he possessed property on whicti 
 he paid 200 francs of direct taxes ; nor to be elected a 
 representative, unless his property were subject to a tax 
 o[ 500 francs. 
 
 ■ 49. Similar restrictions formerly existed in tSreat Brit- 
 ain, where (he elective franchise was limited to the free- 
 holders. The land being owned by a few, and cultivated 
 by tenants, the election deoended on the richest families. 
 Besides Uie clergy, who, (_in 1822,) possessed c;bout six 
 thousand estates, and ihe corporations, whose possessions 
 migiit be reckoned oi an equal number, there were hi 
 England but about 20,000 landholders, among a' popula- 
 tion of 13,000,000. The English laAV which gives to the 
 eldest son all ine real estate, is itself sufficient to keep 
 together large masses of landed property. In 1786, there 
 were^ 250,000 land proprietors. 
 
 .;50. •■''*Ei'i this unjust distinction between the rich and 
 pooT, has been in a great degree abolished in England. 
 By an act of verorm passed in 1832, the elective franchise 
 was much e.-ctended ; so that it is at nrssent enjoj'ed to 
 nearly tiie same extent as in the United States. Such 
 has been tlie progress of republican principles among 
 the governments of Europe, as to cause, in many of them, 
 important changes in favor of the rights of the people. 
 
 51. Some writers do not allow more than three regular 
 forms of government : the first, when the sovereign power 
 IS lodged in an aggregate assembly, consisting of all the 
 members of a community, which is called a democracy ; 
 the second, when it is lodged in a council of select mem- 
 
 ference between mixed governments and representative republics? 
 AS. To M"hat decree is the elective franchise restricted in France? 
 
 49. How was it lormerly restricted in England? From what causes? 
 
 50. When was ii extended' To what extent is it at present en- 
 joyed? 51. To how many kinds may the dilTerent forms of gov-
 
 Chap. lY. P0RH9 OP GOVBUNMENI'. 33 
 
 bere, and then it is styled an aristocracy; and third, when 
 It is entrusted in the hands of a single person, and then it 
 takes the name of a monarchy. All other kinds, they 
 say, may be reduced to these throe. 
 
 52. In limited or mixed monarchies, there is usually a 
 charter or constitution. A constitution is the fundamental 
 law of a state, whether it be a written instrument of a 
 certain date, like that of the United States, or an aggre- 
 gate of laws and usages which have been formed in the 
 r-ourse of ages, like the English constitution. In France 
 it is called a charter. In Cxreat Britain it is called a 
 constitution ; but it is not written. 
 
 5o. The constitution of the United States was cstab" 
 lished by the people for their oivn regulation. It pre- 
 scribes the duties and powers of officers who majr be 
 chosen to make and administer the laws. All laws enac- 
 ted l>y the representatives of the people, must be in con- 
 formity to the constitution, which is the foundation of such. 
 laws, or they are not binding upon the people. The 
 constitution restrains our rulers, and secures to evejry 
 citizen his rights. It is also essential in assigning^ to 
 each branch of the government its powers and limits. -It 
 is a representative constitution ; and as it was formed and 
 adopted by the people, they alone have the power to 
 amend and alter it whenever it shall be found defective. 
 This, however, can be done in such manner only as the 
 constitution prescribes. 
 
 frnment be reduced? 52. In what governments is there a con.'^ti- 
 ttiiior.T 53. By whom, and for what purpose, was the constitution 
 c-f the United States established? Who have the power to amend it?
 
 34 PfilHOIPLKfl OF G0TSENVBN7 Put I 
 
 CHAPTER V 
 
 Of Sovereignty — and of Political and Civil Powers m 
 a Government. 
 
 54. By sovereignty is meant supremacy, or sapreroe, 
 nnlimited power. When applied to a state or nation, it 
 means only independence. A sovereign state is a state or 
 nation that possesses the right to make its own laws, and 
 the right to make war and treaties with other nations. 
 But the word sovereignty is also applied to the internal 
 government of a state. The sovereign power of a state 
 is that which is superio'r to all other power within the 
 state. Thus, in a despotism, sovereignty is said to reside 
 in the king, or supreme ruler, who is called the sovereign. 
 In a democracy, where the people govern themselves, tbs 
 people are called sovereign. 
 
 55. It was anciently believed, almost universally, that 
 sovereignty was derived by kings immediately from God; 
 and? that, when a throne became vacant, the right of sove- 
 reignty returned to the original source, to be again con- 
 ferred on the immediate successor. It was held that, by 
 what means soever the throne was obtained, these were 
 the occasions on which God bestowed the sovereignty on 
 the prince. The more orthodox opinion now is, that the 
 right is hereditary ; and that, on the death of a prince, 
 the right of sovereignty passes to his lawful heir. But 
 this opinion of the " divine right of kings," has given 
 way, in a great measure, to the more rational doctrine, 
 that the right of sovereignty is derived from the civil 
 compact, the people being considered the legitimate source 
 of all poAver. 
 
 56. Strictly speaking, however, it is in a state of abso- 
 lute despotism only, where all the powers of government 
 are united in a single person or aristocratic body, that 
 
 54. "What is meant by sovereignty? 55. How was it anciently 
 believed that the right- of sovereignty wcs derived? To whoni 
 does political power properly belong?" 56.-In what form of- gov-
 
 Cliap. V. OF SOVEREIGNTY. '-.5 
 
 unlimited sovereignty, or supreme power, is to be found. 
 Where any degree of liberty is enjoyed, the powers of 
 govern meiit are delegated to distinct organs ; and the sev- 
 eral functionaries are in some way held accountable for 
 the due exercise of their powers. 
 
 57. In the English government, the legislature or 
 parliament has been considered as possessing supreme 
 power, because legislation is supposed to be the greatest 
 act of superiority that can be exercised by one being o\-er 
 another. It is deemed requisite to the very essence of 
 law, that it be made by a supreme power. But it will 
 appear on examination, that such power is not possessed 
 by parliament. The members of the house of commons 
 are elective, and are accountable to the people, at whose 
 will they hold their offices. And the power of the other 
 house, as well as the power of the king, in most of his 
 prerogatives, is held in check by the popular branch of 
 the legislature. 
 
 58. By the constitution of the United States, the dif- 
 ferent powers are euLrusted to different organs, and are 
 duly defined and limited. Every branch of the govern- 
 ment is accountable to some tribunal. The legislature 
 and the executive are accountable to the peeple at their 
 elections. Executive officers and judges are liable to 
 impeachment and removal. Nor have the people, from 
 whom all power is derived, retained to themselves that 
 absolute and unlimited sovereignty, which, it is declared, 
 resides somewhere in every government, and is alike in 
 all countries. And yet, limited as the powers of this 
 government are, they have been found competent to the 
 great object of all civil institutions, the happiness of the 
 people. 
 
 59. A proper distribution of power, and a due distinc- 
 tion between the civil and political laws in a government, 
 are of the first importance. From the distinction made 
 
 •'niment.doesnn'.imited sovereignty residcl 57. Why may not 
 ■ iipreme power, or sovereignty, be said to exist in the English 
 government.? 58. How are the powers of government restricted 
 m the United States? To whoia are the ditlerem branches ac-
 
 36 POINCIPLES OF COVERNMEKT. Part I. 
 
 in a preceding chapter, between political and civil rights 
 and liberty, it will be readily understood, that hy polUical 
 lavs are meant the laws of the constitution, by which a 
 statt? or body politic is organized and governed; that is, 
 the laws which govern those who are vested with the 
 power to make laws and administer the government. 
 " The laws of the constitution, the political laws,'' as a 
 writer observes, "are i.o those entrusted with the powers 
 of government, what The laws made by the government 
 are to a court of judicature." A judg.e. in the discharge 
 of his duties, is bound by the civil law : so are le^gisla- 
 ture.s and other bodies, who are entrusted with the powers 
 of government, bound by the political lav/ or constitution, 
 as the supreme law. 
 
 GO. In absolute or despotic governments, there are no 
 political laws bindmg on those who exercise the powers 
 of government. The ruler arrogates to himself all pow- 
 ers, political and civil. The laws he makes do not relate 
 to his own conduct: and he alters or repeals them at his 
 will. The principal rule by which a ruler, in such a 
 government, is regulated in the exercise of political power, 
 are some customs or usages, which the people regard as 
 more sacred than the authority of -the prince, and which 
 he cannot violate without exciting the indignation of his 
 subjects. Yet, as he is subject to no positive laws or 
 roguloiions, tlie people enjoy no political right.s. 
 
 Gl. In a democracy, each citizen has an equal voice in 
 passing all laws, whether of a civil or political nature, as 
 well as in appointing those who administer the laws. The 
 consequence is, that the laws are liable to frequent altera- 
 tions, according to the fluctuations of popular passions 
 nnd prejudice. As all laws are enacted by the same body, 
 there is no distinction of constitutional and unconstitutional 
 law: the last laAV on every subject is always consthutional, 
 and it must be so considered by every one in the civil 
 administration. The people under this form of govcrn- 
 
 coun'able? 59. Wherein consists the difference between political 
 iujd civil laws'? GO. By wliat rule, principally, are nilcr.s in des- 
 potic govemracDts rcgi'laled? 61. How ire the polilical and civil
 
 Chap. V. POLITICAL AND CIVIL POWER. 37 
 
 rnent are liable to sufTor great evils. The majority often 
 oppress the minorit_y with unjust laws, especially when 
 measures are adopted in the violence of party spirit. 
 
 62. In mixoi governmsnts, also, legislative bodies possess 
 the civil as well as political powers of" legislation. They 
 have the same power to make or alter a law that relatets 
 to the constitution, as they have to make or alter a law 
 that relates to the civil state. Their laws cannot therefore 
 be adjudged unconstitutional. 
 
 63. In a representative form of government, the polit- 
 ical rights of the people, and the civil powers of the 
 government, are exercised separately by those to whom 
 ihey are severally reserved or delegated. The govern- 
 ment of the U.iited States furnishes an example of the 
 superiority of this form over any other. It is believe<l 
 that no other people enjoy equal security of civil liberties. 
 Their p.olitical power and liberty are greater than under 
 a mixed government ; and though they are less than in a 
 democracy, they are not so liable to be affected by sudden 
 alterations of the fundamental laws of the government. 
 The constitution effectually guards Itself agamst frequent 
 or needless changes through popular excitement, which 
 are incident to a democracy, as will appear by a reference 
 to that article of the constitution which provides for its 
 amendment. 
 
 64. Whh equal effect does the constitution prevent that 
 confusion of powers which exists in both a democracy 
 and a mixed monarchy. In the ancient republics of 
 Greece and Rome, every freeman was a member of the 
 legislature, and gave his vote in the assembly of the peo- 
 ple. This blending the political with the"'civil power, 
 proved the source of great evils in those democracies! 
 Against these evils, that form of government which has 
 been adopted by the people of the United States, provides 
 an efTectual safeguard. The power of adopting and 
 
 powers of government exercised in a democracy? 63. How arfi 
 tnese powers exercised m mixed governments? G3. How in a 
 representative government? What is the advantage of this divis- 
 ion of powers? Gi. In what manner was the government admin-.
 
 3S PRINCIPLES OF GOVERNMENT. Part I 
 
 amending their constitution, of electing and controlling" 
 the officers of the government, is exercised by the people 
 in their political capacity ; while the civil administration 
 of the goA'ernment is entrusted to their representatives, and 
 others appointed for that purpose. 
 
 65. The inconveniences that must attend the exercise of 
 the power of legislation by a body composed of the whole 
 people, may be easily conceived. An assemblage so nu- 
 merous, and consisting of men governed by so great a 
 variety of passions and interests, would be incapable of 
 discussing affairs ; disorder and cor.fusion would prevail ; 
 and measures would be adopted without that calm and 
 dispassionate deliberation which the public good requires, 
 and which may be had in a representative assembly. To 
 this is to be attributed that fluctuation of measures, and 
 that instability of government, for v\'hich those ancient 
 republics were distinguished. 
 
 60. To remedy these and other evils incident to a pure 
 democracy, it has been proposed to limit the right of suf- 
 frage. None, it is urged, should be allowed to participate 
 in the government, who do not possess a certain amount 
 of property, or such ether qualifications as might be re- 
 quired, or as are not possessed by t\\e people generally. 
 But such a restriction of this right would destroy that 
 equality which is essential to a republic, and ehange the 
 government into a species of aristocracy. 
 
 67. Happily, for the cause of free principles, the ob- 
 jeciions which have hitherto been urged against popular 
 governments, have been removed, in a great measure, by 
 that improvement upon a democracy which has been car- 
 ried into the government of these United States. This 
 improvement consists principally in the separation of the 
 political and civil powers of government ; and in th» 
 
 i.stered in Greece and Rome? 65. Wherein con.>i.sts the advan- 
 las^e of a representative legislalire assembly, over one that is com- 
 posed of the people at large? 66. What has been proposed as a 
 remedy for the evils incident to a democracy? What isihe objec- 
 tion to this proposition? 67. In what coniisi the modem improve 
 wauls in free governments?
 
 Chap. Y POLITICAL AND CIVIL POWBR. 39 
 
 division of the civil power into legislative, executive, and 
 judicial branches, in defining their respective pow^ers, and 
 in confining each within its own appropriate sphere of 
 action. The benefits of this system have been satisfacto- 
 rily tested by the people of the United States. This form 
 of government is justly regarded as a model for other 
 nations, and its adoption constitutes an era in the history 
 ■aiid science of cfovernment.
 
 PART SECOND. 
 
 HISTORY OF THE COLONIES-AFTER WARDS INDE 
 PENDENT STATES— FROM THEIR FIRST SETTLE 
 MENT TO THE ADOPTION OF THE CONSTITU 
 TION. 
 
 CHAPTER I. 
 
 Discovery of America and Selllemcnt of the Colonies. 
 
 68. A BRIEF history of the colonies, of their settlement 
 and political institutions, is here deemed useCul, especial 
 ly to young persons. A recital of the sacrifices which 
 were made to secure the independence of these stales, can- 
 not fail to inspire youth with sentiments of genuine patri- 
 otism; while a knowledge of the government of the colo- 
 nies, and of the changes effected in them from time to 
 time, will enable them the better to understand the nature 
 and objects of the constitution. 
 
 69. In 1492, America was discovered by Christopher 
 Columbus ; an expedition having been fitted cut for that 
 purpose by the Spanish g-^vernment, at his earnest solici- 
 tations. His discovery, however, was confined to the 
 West Indies. The English were the first people that 
 discovered the continent of America. This discovery 
 was made in the year 1497, by Giovanni Cabot and his 
 son Sebastian, who v/ere commissioned by Henry VII. 
 to sail in quest of new countries. 
 
 69. By -n-hom, and when, was America discovered? 70. Whea
 
 Chap. I. SBTTLEMENr 07 THE COLONIES. 41 
 
 70. Of the thirteen colonies whose delegates signed 
 the Declaration of Independence, all but Georgia were 
 settled in the st-venteenth century. A colony is a settle- 
 ment of persons gone from a country to inhabit some 
 distant place, but who remain subject to the parent coun- 
 try. With few exceptions, the colonists were English- 
 men. The settlements were chiefly made at a time of 
 great political excitement in the parent country, caused 
 by encroachments of the crown upon the liberties of the 
 people. Multitudes annually fled hither to find a refuge 
 from oppression. The attempt on the part of the govern- 
 ment, to enforce conformity to the established church, 
 also brought many to thib country, where they might 
 enjoy freedom of conscience in matters of religion. 
 
 71. In 1603, two companies of merchanto and others 
 were incorporated under the names of the London com- 
 pany, and the Pbjmouth company, with the exclusive 
 right of settling and trading within their respective limits. 
 In 1607, the London company sent to Virginia a colony 
 of 100 men, which, in consequence of war with the 
 natives, scarcity of food, and disease, was reduced in a 
 few months to 38. In October, 1609, the number had 
 been increased by new colonists to 500; but a famine 
 reduced them in about six months to 60. In 1613, che 
 land which had before been held in common, was dis- 
 tributed to each individual. 
 
 72. The supreme government of the colonies, on their 
 first establishment, v/as vested in a council which resided 
 in England, and was nominated by the king; the subor- 
 dinate jurisdiction, in a council which was to reside in 
 America, also to be named by the king, and to act in 
 conformity to his instructions. This charter being found 
 inconvenient, a new one was granted by James, enlarging 
 the colony, abolishing the council in Virginia, and vesting 
 the government in one residinq; in London. 
 
 were the thirteen colonies settkd^ By what people? Whal is a 
 colony? 71. When was the first colony planted in Vii sJ^'ia? Ey what 
 companyl J-^. In what bodies was 'the government of the colonies
 
 42 HISTORY OF THE COLONIES. Paxt IL 
 
 73. In 1619, a great change Avas effected in the gov- 
 ernment of tlie colony. A general assembly, the first 
 that was held in Virginia, was called by the governor. 
 Eleven boroughs sent representatives to the convention. 
 The supreme authority was divided between the governor, 
 a council of state appointed by the company in England, 
 and a general assembly elected by the people with the 
 power to enact laws- 
 
 74. In 1G22, 347 men, women and children, were 
 massacred by the Indians ; an Indian war follov/ed, which 
 reduced the number of settlements from eighty to eight. 
 It may here be remarked, that this disaster, and the many 
 that followed, together with the settled hostility of the 
 Indians which afterwards subsisted, were doubtless owing 
 to the imprudence of the first settlers, rather than to the 
 bad disposition of the natives. 
 
 75. In 1G24, ttie displeasure of James having been 
 excited by the change that had been made in the govern- 
 ment of the colony, the charter was declared forfeit, and 
 the company dissolved. A charter is a writing that 
 grants privileges or rights to the subjects of a govern- 
 ment. 
 
 76. The Plymouth company, v/hich had the exclusive 
 right to trade and settle in North Virginia, did nothing 
 effectual towards colonizing their territory. But in 1620, 
 a number of Puritans embarked on a voyage with a 
 design of settlement on the Hudson. But by accident, as 
 some suppose, they were landed on Cape Cod, within the 
 limits of the Plymouth company: or, as others think, by 
 the treachery of the Dutch, who themselves contemplated 
 settling on the Hudson, they were, against their inten- 
 tion, compelled to land on the shores of Cape Cod. Pu- 
 ritans was a name given to those who dissented from the 
 established church, because they wished for a purer form 
 
 vcs^ed. on their first establishment? 73. What chai g;e was effected 
 m 1(U9? 74. What disaster befel the colonists ii; 162:-? 75. V/hen, 
 and for what cause, was the charter of the Virginia colony dissol- 
 v-f'dt What is a cAaricr? 76. Where, and in what ;eo-r, did the 
 Plymoath company make their first settlement? What is the
 
 Chap. I. SETTLEMENT OF THE COLONtBfl. 43 
 
 of discipline and worship ; as m.:ny of the ancient forms 
 and ceremonies of the Romish church were still contin- 
 ued. 
 
 77. Not having contemplated any plantation at this 
 place, they had not obtained any charter from the compa- 
 ny. Destitute of any right to t))e soil, and without any 
 powers of government, on tne 11th of November, before 
 they landed, they drew up and signed a compact, in which, 
 after acknowledging themselves to be subjects of the 
 crown of England, they declared as follows: "Having 
 undertaken, for the glory of God, and the advancement 
 of the christian faith, and the honor of our king and 
 country, a voyage to plant the iirst colony in the northern 
 parts of Virginia, we do, by these presents, solemnly and 
 mutually in the presence of God and of one another, 
 covenant and combine ourselves together into a civil body 
 politic, for our better ordering and preservation, and 
 furtherance of the ends aforesaid ; and by virtue hereof 
 do enact, constitute and frame such just and equal laws, 
 ordinances, acts, constitutions, and offices, from time to 
 time, as shall be thought most meet and convenient for 
 the general good of the colony ; unto which we promise 
 all due submission and obedience." This was the earliest 
 American constitution, and was signed by 41 persons. It 
 was in substance a pure democracy. 
 
 78. The company, including women and children, 
 smounted to 101. They proceeded to examine the coast, 
 and finally determined to settle in a place called New 
 Plymouth. Exhausted by the fatigues of the sea, and 
 suffering from a want of suitable provisions and shelter, 
 nearly one half of their number died Avithin four months 
 lifter their landing. They continued for ten years to 
 hold their goods and property in common, Avhen they 
 obtained from the company a grant of the land which 
 they had before held only by O'Tcupancy. At this time 
 iheir number did not exceed three hundred. For many 
 
 meauing of Puritans? Tl. What was the character of the govem- 
 Dieut which they adopted on landing^ 78. Where did they settle?
 
 44 HISTORY OF THE COLONIES. Part II. 
 
 years ihey continued a mere voluntary association, go> 
 erned by laws and magistrates formed and chosen by 
 themselves, until they were incorporated with Massachu 
 setts, in 1G92. 
 
 79. lu 1623, the Massachusetts colony was settled by 
 a company incorporated by royal charter, the land having 
 been previously purchased from the Plymouth company. 
 In 1830, the government of the colony was transferred to 
 Massachusetts, by a vote of the company. A few years 
 later, the freemen adopted the plan of acting by delegates 
 or representatives, and the charter of a trading company 
 was converted into the constitution of a com.monwtalth. 
 This unauthorized assumption of power, as well as their 
 religious principles, rendered the Puritans obnoxious to 
 the court party ot hume, and led the Plymouth company 
 to resign their charter to the king: and Massachusetts, 
 like Virginia, was taken into royal hands. But such was 
 the disturbed state of England, that these distant and in- 
 significant colonies attracted little notice, and were leA 
 to grow up in habits of self-government, their numbers at 
 the same time increasing by emigrations of nuchas were 
 unsuccessful in the civil strifes at home. The persecuted 
 Puritans iled to New England; the Catholics to Mary- 
 land; and the defeated royalists to Virginia. 
 
 80. New York was settled by the Dutch in 1614, and 
 was held by them fifty years. It was, however, clain;ed 
 by England, having been discovered by Henry Hudson, 
 in 1608, who entered the bay of New York, and sailed 
 up the river to latitude 43 degrees north. He did not 
 attempt to land and form a settlement, contenting himself 
 with claim.ing the country for his sovereign, James' % by 
 right of discovery. The English asserted that Hudson 
 was employed by their government, and that he sold the 
 country to the Duteli without authoritj'-. The Dutch 
 maintained that he was in the service of the Dutch East 
 
 How were they governed? How long'? 79. When was the Mas- 
 sachusetts colony sctilcd? What plan of government wa.s adopted 
 in Massachuseits? SO. When was New York seitled' By whom f 
 By whom was it discovered'/ When was it occupied by the EnglisL'?
 
 Chap. II. SETTLEMENT OF THE COLONIES. 46 . 
 
 India comp:iny at the time, and made their settlements 
 without interruption for many years. In 1664, the colony 
 was occupied by the English ; and the territory now 
 comprising New York, New Jersey Pennsylvania, Dela- 
 ware, and a p:irt of Connecticut, was granted by Charles 
 II. to his brother, the Duke of York, 
 
 81. New Jers.?y was settled by the Dutch, in 1G24, 
 and occupied by the English in 1664. New Hampshire 
 was first settled in 1623, at Andover and Portsmouth. 
 Djlaware was settled by the Dutch in 1627, and occupied 
 by the English in 1664. Some Swedes settled here in 
 1638, but they were conquered by the Dutch, and most of 
 them left the country. Maine was settled in 1630, and 
 united with Massachusetts in 1677. Maryland was set- 
 tled in 1633, and was the first colony that was governed 
 directly as a province of the British empire. Its founder 
 was Sir George Calvert, a Roman Catholic nobleman. 
 He obtained a grant of the lands from Charles I. New 
 Haven, settled in 1637, was united with Connecticut in 
 1662. Connecticut was settled from Massachusetts in 
 1632 
 
 CHAPTER II. 
 
 Forms of Government — Causes of the Revolution — Com- 
 mencement of Hostilities. 
 
 82. Of the forms of government which prevailed in 
 the colonies, there were tiiree — the charter, the royal, and 
 the proprietary governments. The charter governments • 
 were those of New England. The people were entitled 
 to the privileges of natural born subjects. They elected 
 their own governors and legislative assemblies, and estab- 
 
 €1. "VVflcn were the other colonies re.spectivcly seltled? 82. What 
 djfierent forms of governmcat prevailed in the colouies7 Wliat
 
 46 HTSTORY OF THE coLONiEg. Part II, 
 
 lished courts of justice, and in some points even exceeded 
 the powers conferred by the charters. The only limita- 
 tion to their legislative pouter was, that their laws should 
 not be contrary to those of England. The crown claimed 
 the right to revoke these charters ; but the colonists main* 
 tained that they were solemn compacts, and that they 
 could not be revoked without cause. The charters were 
 sometimes declared forfeited, or forcibly taken away; and 
 the disputes to which this question gave rise, between the 
 mother country and the charter governments, were one of 
 the causes of the revolution. 
 
 83. The royal governments were those of Virginia, 
 New York, and, at a later period, the Carolinas, (1728,) 
 and the Jerseys, (1702.) In these colonies, the governor 
 and council v,-ere appointed by the crown, and the repre- 
 sentatives to the colonial assemblies were chosen by the 
 colonists. The governor obeyed the instructions of the 
 crown, and had a negative power on the proceedings of 
 the legislature, which was composed of the council and 
 assemblies. The judges and most ot the officers were 
 also appointed by the king, although, in many cases, paid 
 by the colony. The arbitrary acts of the governors, and 
 the royal claim to an absolute veto on the acts of the 
 assemblies, became sources of much discontent, as the 
 exercise of these powers was virtually taking from tho 
 people the right to participate in the government. 
 
 84. The proprietar?/ governments were those of Ma- 
 ryland, Pennsylvania, and, at first, those of the Carolinaar 
 and the Jerseys. These colonies were in the hands of 
 proprietors or individuals, to whom grants of land had 
 been mads by the crown, with authority to establish civil 
 governments and make laws, under certain restrictions, 
 m favor of the crown. The proprietors had power to 
 repeal or negative the acts of the assemblies ; and the 
 exercise of this power became a source of continual quar- 
 rels between the people and the proprietors. In 1719, 
 
 ■were the cAfflr&r governments? Where did they prevail? 83. Where 
 were tlie roj/rt? governments established? Describe them? 84. 
 Where were the prajyrieiary governments? Describe them? 86.
 
 Chap. n. FORMS OF GOVERNMENT. 47 
 
 the people of Carolina took the government into their 
 own hands. The governor, council and assembly, were 
 all elected by the people. A declaration of independence 
 was published, setting forth the causes of their renuncia- 
 tion of the farmer government, and signed by all the 
 members of the aew government. The oldest laws of 
 the Virginia assembly, (1624,) comprise a declaration 
 defining the power of tij« governor and the assembly, and 
 asserting the privileges ol the people in regard to. taxes 
 and personal services. 
 
 85. At an early period in tha existence of the New 
 England colonies, (1643,) a conf««ieration was formed 
 between them for mutual offence and defence, leaving to 
 each colony its own government, while the common afiairs 
 of the confederacy were managed by a congress, consisting'- 
 of two commissioners from each colony. 
 
 86. As early as the seventeenth century, the question 
 of taxation became a subject of common interest in the 
 colonies. The colonists disputed the right of parliament 
 to tax the colonies. It was believed that the power of the 
 British government extended only to the regulation of 
 trade. Having surmounted the hardships and difficulties 
 which attended their first establishment, and having made 
 considerable advances in commerce and manufactures, 
 the freedom of commerce which they had so long enjoyed 
 began to be interrupted. Their trade was restricted by 
 the imposition of unjust taxes for the benefit of the mother 
 country. 
 
 87. By the act of 1651, none but British or colonial 
 vessels were allowed to participate in the export and 
 import trade. Another act, passed in 1660, enacted that 
 certain articles should not be exported directly from the 
 colonies to any foreign country ; thus compelling the 
 colonists to sell their produce in no other than British 
 markets. It was next provided, (in 1663,) that they 
 should buy such foreign articles as they needed entirely 
 
 What took place in the government of the N. E. colonies in 1643? 
 86. What great question arose in the ITih century? 87. What acts 
 were passed in 1651 and 1663? 88. What acis wera passed va
 
 48 HISTORY OF THE COLONIES. Part II. 
 
 of the merchants and manufacturers of England. Duties 
 were, even imposed on certain colonial products transpor- 
 ted from one colony to another. 
 
 88. All attempts to manufacture such articles as the 
 mother country could provide, were dis-ouraged. In 
 1693, it was enicted, that no wool, yar«, or woolien man- 
 ufactures should be exported from t-'ie American colonies; 
 Hnd, in 1750, every slitting or roiling mill, plati ig iorge 
 It work with a tilt hammer or other machinery, was 
 declared to be a common r.uisance, which the governors 
 were directed to cause tJ be abated. It is true, however, 
 that many of these and similar acts of parliament, were 
 openly disobeyed or secretly evaded. 
 
 89. Such were some of the features of the policy of 
 the mother country, and the causes of irritation and dis- 
 content in the colonies. Many of the acts for regulating 
 tlie trade of the colonies, had been unwillingly submitted 
 to, as violations ot their rights, or secretly evaded or 
 openlj'^ disregarded, for many years, when measures were 
 at length taken by the ministry, not only to enforce such 
 acts, but to raise a revenue in America by inte'rnal taxa- 
 tion. 
 
 90. In 1765, the obnoxious stamp act was passed, by 
 which obligations in writing in daily use were to be null 
 and void, unless they were executed on a paper or parch- 
 ment stamped wiih a specific duty. Newspapers, alma- 
 nacs and pamphlets, printed in America, Vv'ere to be made 
 to contribute to the British treasury. About the same 
 time, a bill was brought in authorizing the quartering of 
 troops in the colonies. 
 
 91. As might have been expected, the colonists were 
 unwilling to submit to these acts and measures ; and a 
 general congress, the first of the kind, was held at New 
 York, which adopted a declaration of rights and griev- 
 ances, asserting taxation bj' themselves, and trial by jury, 
 to be inherent rights of the British subjects in the colo- 
 
 \(W and nr^O? 89. What measiir*^?, were adopted by the ministryT 
 90. What ai-.t was passed in 17('u? What wero iL> provisionsf 
 yl. How did the colonists regard bi.s ac:^ ^2. Whtn was the act
 
 Chap. 11. CACSHS OF THE REVOLUTION. 49 
 
 nics. The colonial assemblies adopted similar measures; 
 meetings of the people were held : and the whole country 
 was set in a flame. 
 
 92. So violent was the opposition to the stamp act, that 
 on the first of November, the day on which the act was 
 to have taken effect, neither stamps nor officers were to be 
 found! In this state of affairs, the. act was repealed, 
 (]\Iarch, 176G.) At the same time, by a declaratory act, 
 parliament asserted the right to bind the colonies in all 
 cases whatsoever. In 1767, a bill was passed imposing 
 a duty on glass, paper, paints arid tea, imported into the 
 colonies ; and troops were quartered in Boston to enforce 
 obedience. 
 
 93. But combinations having been formed by the 
 Americans, against the importation of those articles, the 
 act was repealed, Mar>'h, 1770, the duty on tea alone 
 being continued. Accordingly the colonist.s renounced 
 the use of that article, or obtained it from foreign coun- 
 tries ; in consequence of which an act was passed in 1773, 
 alUMviug a drawback on tea exported to America, for the 
 purpose of rendering it cheaper, and inducing the Amer- 
 icans to submit to the small duty imposed upon it. Large 
 shipments of tea were accordingly made; but in'IieAV 
 York and Philadelphia the vessels v\-ere not allowed to 
 land their cargoes; in Charleston it was stored, but not 
 permitted to be ofiered for sale; and in Boston, after sev- 
 eral unsuccessful attempts to prevent its being landed, a 
 party of men, disguised as Indians, boarded the tea ships, 
 and threw the tea overboard. This occurred December 
 10, 1773. 
 
 94. In the following spring, by an act of parliament, 
 called the Boston port bill, passed March, 17, 1774, the 
 port of Boston was. closed, and the landing and shipping 
 of goods were ordered to be discontinued. The custom 
 house and trade, and the session of the court, were^emo- 
 ved to- Salem, and the charter altered, taking the '^hoM- 
 
 repoalpd'! What bill was parsed in 17(>7? 93. Hn-w- di4 the Amer- 
 icans evade the payment of the duty on les."! What remarkable 
 eve-nl occurred in Deceinber. 177;)^ ' 94. What acts of parliameii!: 
 
 B
 
 50 HISTORY OF THE COLONIES. Part II. 
 
 executive government from the people, and vesting the 
 appointment of the important officers in the crown. It 
 was also enacted, that a person indicted for a capital 
 offence, committed in aiding the magistrates, might be 
 sent to Great Britain for trial. 
 
 95. In the same year. General Gage, the British com- 
 mander-in-chief, and governor of Massachusetts, arrived 
 in Boston to enforce the Bostonians into a compliance 
 with the oppressive acts of parliament. In this crisis, 
 the other colonies made common cause with Massachu- 
 setts. Deputies from most of the colonies met in congress 
 at Philadelphia, September 5, 1774. Congress published 
 a declaration of rights, protesting against the right of 
 Great Britain to tax the colonies, or to interfere in their 
 internal policy ; with a statement of grievances, declaring 
 the late acts of parliament to be violations of the rights 
 of the colonists. 
 
 96. They next proceeded to interrupt all commercial 
 intercourse with Great Britain, pledging themselves not 
 to import or use British goods, till the acts complained of 
 should be repealed. Addresses, petitions-and remonstran- 
 ces were resorted to, but all to no effect. Instead of 
 changing its policy, the British government imposed 
 addHtional restrictions upon the trade of the colonies. 
 Preparations now began to be made for resistance. Gun- 
 powder was manufactured, the militia was trained, and 
 military stores were collected. 
 
 97. in April, 177.5, a detachment of troops was sent to 
 destroy the military stores collected at Concord. At 
 Lexington, the militia were collected to oppose the incur- 
 sion of the British forces. They were fired upon by the 
 British troops, and eight men were killed. After having 
 proceeded to Concord, and destroyed a few military 
 stores, .the troops returned, and were pursued by the 
 Americans to Boston. Here v.-as spilled the first blood 
 
 were passed in l'"/4? 95, 9G. Vv hat measure was taken to enforce 
 a compliance with these acis? What course was pursued by the 
 cohmies in this crisis? Did the British governnnent change its 
 policy'? 97. Wlien and where did the first engagement take place?
 
 Chap. II. CAUSES OF THE REVOLUTION. 5l 
 
 in the war which severed the American colonies from 
 Great Britain. 
 
 98. In May, 177.5, a second congress met from all the 
 states, and immediately determined to organize an army; 
 and Washington was appointed, June 15, commander-in- 
 chief of the colonial forces. Congress authorized the 
 emission of two millions of dollars in bills of credit, for 
 the redemption of which the colonies were pledged; and 
 an appointment was made of the quota to be paid by each 
 colony of the bills emitted. A general post office Avas 
 established, and rules were framed for the government of 
 the army. Congress also published a solemn declaration 
 <if the causes of taking up arms, an address to the king, 
 entreating a change of measures, and an address to the 
 people of Great Britain, requesting their aid, and admon- 
 ishing them of the threatening evils of a separation. 
 
 99. At the next meeting of the same congress, rules 
 were adopted for the regulation of the navy ; a further 
 emission of bills was authorized ; and a treasury depart- 
 ment was established. A general system of measures 
 for resistance was now adopted throughout the colonies. 
 General Washington had been at Cambridge at the head 
 of an army, whose term of service expired with the year, 
 1775, without ammunition, and but imperfectly supplied 
 with arms. 
 
 100. By the beginning of March, 1776, 14,000 regular 
 troops had been enlisted, and the British were obliged to 
 evacuate Boston, March 1 3. On the 1 0th of June, a 
 committee was appointed by congress to prepare a decla- 
 ration, "that these colonies are, and of right ought to be, 
 free and independent states," On the 11th of June, a 
 committee was appointed to prepare the form of a confed- 
 fration between the colonies. On the 2d day of July, 
 congress adopted the resolution of independence ; and on 
 the 4th of July, they adopted the Declaration of Inde- 
 pendence. 
 
 08. When did llie second congress meel? What measures did 
 congress adopt at this meeting? 99. What was done by this con- 
 gress at its next meeting? What was the slate of the army at the 
 close of the year 1775? 100. Wliat occurred in March 1776?
 
 52 HISTORY OF THE COLONIES Part 11. 
 
 CHAPTER III. 
 
 Sketch of the War — Adoptio7i of the Articles of Confed- 
 eration — Peace — State of the Country. 
 
 101. The American revolution may properly be said 
 to have been complete on the ai^option of the Declaration 
 of Independence ; but it still remained to be defended by 
 arms. The military operations which closed the year, 
 were, the defeat of the Americans on Long Island, August 
 27; the capture of New York by the British forces under 
 lord Howe, September 15; the battle of White Plains. 
 October 28 ; and the battle of Trenton, December 26, in 
 which general Washington gained a victoiy over the 
 British army, capturing a large body of Hessians who 
 were cantoned at Trenton ; and soon after, January 3. 
 1777, the battle of Trenton, in which he gained another 
 decisive victory over the British troops. 
 
 102. The campaign of 1777 was more favorable than 
 that of the preceding year. Philadelphia had been taken 
 by the British, September 27, and the Americans had 
 been defeated on the Brandywine, September 11; also at 
 < xermantown, October 4 ; but the northern army were t(; 
 a considerable degree successful. General Burgoyne, 
 who commanded the British northern army, had taken 
 possession of Ticonderoga ; but, while pushing his suc- 
 cesses southward, his progress was arrested at Saratoga, 
 by the militia which had a.s-sembled there from various 
 parts of New England for that purpose. These, with 
 the regular troops, formed a respectable army, and wen? 
 commanded by general Gates. After two severe actions, 
 Burgoyne, finding himself enclosed with brave troops, 
 surrendered to the Americans his entire army of seven 
 
 What memorable event took place in July of this year! 101. Wha* 
 military operatioiia closed the year 1776? 102. What was the 
 campaign of 1777. compared with that of the preceding year'' 
 What noted achifvment was etlected by the northern army m
 
 Chap. ill. SKETCH OF THE WAR. 53 
 
 thousand men, on the 17th of October. Th\is was cut 
 off the communication which had been attempted to be 
 kept up between New York and Canada. 
 
 103. When the intelligence of this reached Europe, 
 the French government entered into treaties of amity and 
 commerce with the United States, thus recognizing their 
 existence as an independent nation. When the British 
 ministry were informed that this treaty was on foot, they 
 despatched commissioners to America to eifect a recon- 
 ciliation. But their offers were not accepted. 
 
 104. In the spring, a French fleet arrived, having on 
 board about .5000 French troops, which had been sent to 
 assist America. In June, the British army left Philadel- 
 phia, with the intention of concentrating their forces at 
 New York. While on their march, they were attacked 
 by general Washington at Monmouth, on the 28th of 
 June, and repulsed with great loss. 
 
 105. Congress had hitherto consisted of delegates'from 
 thirteen independent states, with little more authority than 
 that of advising the states to adopt certain measures. 
 Money could not be raised without the consent of the 
 states; which were held together by force of circum- 
 stances, congress having no power to enforce obedience. 
 But during the heat of the revolutionary contest, men 
 were little disposed to discuss or scrutinize such subjects; 
 and the people confided in the wisdom of congress, and 
 yielded to their authority. 
 
 106. But in order to give stability to the union, and to 
 define more precisely the nature of the federal compact, 
 and the powers of congress, the articles of confederation 
 were agreed on by congress, November 15, 1777, and 
 submitted to the state legislatures for ratification. The 
 articles bear date July 6, 1778: they were ratified the 
 same .year by all the states except Delaware and Mary- 
 
 October of this year? 103. What was done by the governments 
 of France and Great Britain, on hearing of this event? 104. What 
 assistance did America receive from France in the spring? What 
 battle was fought in June? 105. In wiiat respects was the aullior- 
 ity of congress found deficient? 106. For wliat purposes, and wkea,
 
 54 HISTORY OF THE COLONIES Part If, 
 
 land; by the former, in 1779, and by the latter, the first 
 of March, 1781; being nearly five years after the first 
 action on the subject by congress. By these articles, the 
 exclusive control of our foreign relations, the right tu 
 declare war and make peace, and the right to make requi- 
 sitions of men and money, were confided to congress. 
 
 107. But the confederation was in many respects de- 
 fective. It did not possess the power to carry its own 
 constitutional measures into eflect ; for like all mere con- 
 federations, the decrees of the federal government operated 
 on the states in their independent capacity, and not upon 
 individual citizens. But perhaps the greatest defect was 
 the want of power to provide for defraying the expenses 
 of the government. Congress had power " to ascertain 
 the sums necessary to be raised for the service of the 
 United States ;" and to apportion the quota to each state : 
 but as the power was reserved to the states lo lay the taxes, 
 and prescribe the time and manner of payment ; it de- 
 pended upon the good will of each of the legislatures of 
 the thirteen independent states whether, any measure of 
 defence could be carried into operation. And, when dan- 
 ger from abroad Avas past, this confederacy was found to 
 be incompetent to govern the country. 
 
 108. In the same year C4eorgia was invaded, and Sa- 
 vannah, its capital was taken, by the British; and in the 
 year following, (1779,) the south became the principal 
 theatre of war. Depredations to a great extent were 
 committed on the coasts, and a partisan warfare was car- 
 ried on in the interior ; but with no decisive results. In 
 1780, May 12, Charleston was taken by the British; and 
 on the 19th of October, 1781, the contest was ended by 
 the surrender of Cornwallis, at Yorktown, to the com- 
 bined American and French forces under Washington 
 and Rochambeau. 
 
 were the articles of confederatioa adopted? When were they rat- 
 ified? What powers did they confer upon consjressT 107. In 
 wliat respects were they defective? 108. When was Georgia 
 invaded, and Savannah taken? What was the character of the 
 war in 1779? What occurred in 1780, and 1781? 109. When was
 
 Chap. III. STATE OF THE COUNTRY. 55 
 
 109. In the following year, a treaty was concluded 
 between Holland and the United States; and after long 
 protracted negotiations, a treaty of peace was signed Sep- 
 tember '23, 1783, by which Great Britain acknowledged 
 tlie indepnidence of the United States of America. 
 
 1 10. Honorably as the war resulted to the Americans, 
 it was attended with great sacrifices. Without arms or 
 pecuniary resources, congress was obliged to have re- 
 course to a paper medium. During the first five years 
 of the war, three hundred millions of dollars, in bills of 
 credit, had been emitted ; and no provisions were made 
 for redeeming them, the states neglecting, or but partially 
 complying with, the requisitions of congress. In 1780, 
 these bills had depreciated to such a degree as to cease to 
 circulate ; the treasury was empty, the army unpaid, 
 without clothing, and sometimes without food. 
 
 111. At this critical period, the French government 
 made a grant of six millions of livres by way of subsidy, 
 and a further sum by way of loan ; and afterwards a loan 
 of ten millions of livres was obtained from Holland. 
 The whole amount of loans and grants made to the 
 United States by France and Holland, was forty three 
 millions of livres, or nearly ten millions of dollars. These 
 supplies, with a new organization of the finance depart- 
 ment, and the establishment of a national bank, at a later 
 period, contributed to relieve the pressure. When peace 
 took place, the public debt amounted to $42,000,000, on 
 which congress was unable to pay even the interest. The 
 requisitions and regulations of that body were but little 
 regarded by the states, and the country was fast approach- 
 ing a state of anarchy. 
 
 112. A change in the government now became neces- 
 sary as the only means likely to preserve the union ; and, 
 in 1787, a convention was held in the city of Philadel- 
 
 the treaty of peace with Great Britain signed? 110. What einbar- 
 rassineni did the country endure during^, and for a short time alter, 
 the war? 111. How was pecuniary relief obtained? 112. What 
 occurred in 1787? When did the constitution take effect.
 
 56 HISTORY OF THE COLONIES. Part Jl. 
 
 phia, to form a new and more perfect union ; when the 
 present constitution was adopted. It was subsequently 
 ratified by the people of the several stales^ and wejitijatQ 
 effect in 1789. " . ' " '" \ ' 
 
 
 ■%■
 
 PART THIRD. 
 
 OF THE GOVERNMENT OF THE UNITED STATES. 
 
 CHAPTER r. 
 
 Of ihc Nature and Objects of the Union. 
 
 113. As has been before observed, the confederation 
 which was adopted by congress, in 1777, was a league 
 or treaty of alliance between sovereign and independent 
 states. Although it was declared to be a firm league of 
 friendship, yet its binding force depended on the good 
 faith of each of the states, each party being the sole in- 
 terpreter of the meaning of the contract, and the sole 
 judfre of hs obligations; so that, in case of a violation of 
 the contract by either of the parties, the ultimate remedy 
 would have been a resort to the law of force, which is 
 admitted by the law of nations to be the only final arbiter 
 betv?een sovereign states. The people were not citizens 
 of the United States, but of their respective states ; and 
 they owed obedience to their respective state governments 
 onh^ 
 
 114. Under the confederation, the union was merely - 
 federal, not a national, union; and the government was 
 familiarly denominated, the federal government. The 
 
 lis. What was the nature of the confederaiion? 114. What 
 was the character of the government ? What is the raeaning ot
 
 58 OOTERNMENT OF THE U. STATES. Part III. 
 
 word federal is derived from the Latin word fcedus, sig-- 
 nifying a league or covenant. This government was 
 destitute of executive and judicial powers, which are no 
 less neces.sary in giving to a government a national char- 
 acter, than in forming an efficient government. It con- 
 sisted only of a legislative power, the power of enacting 
 laws ; it wanted an executive power to execute the laws, 
 and a judicial power lo judge of, to expound, and to apply 
 them. 
 
 115. Congress had no power of raising a revenue or 
 of coUectmg taxes. Congress had the power of making 
 treaties, but not the power of fulfilling them — that rested 
 with the several states. Congress had the power of de- 
 claring war, but had not the means of maintaining a war. 
 It had the power merely to ascertain the sum required 
 for the public service, and to apportion it according to a 
 prescribed rule among the several states, with a request 
 that they should raise, and pay over to the general treas- 
 ury, the amount of their respective quotas ; but as an 
 independent sovereign, each might choose or refuse, and 
 sometiiues did refuse, to comply with the requisuion. 
 Congress was authorized to borrow money, and to emit 
 bills of credit, but had not the command of funds to pay 
 the one, or to redeem the other. Nothing but the pres- 
 sure of war, and the patriotic zeal of the citizens in a 
 common cause, in which so much was at stake, could 
 keep the country united. 
 
 116. When peace was restored, the imperfections of 
 this system of government were fully developed. It was 
 these imperfections, and the evils resulting from them, 
 that led to the formation and adoption of a new and more 
 effective system of national government, the nature and 
 powers of which are briefly expressed in the preamble : 
 
 " We, the people of these United States" — words con- 
 veying the idea of nationality — " in order to form a more 
 perfect uniou'^ — intimating the former to have been but a 
 
 federal? 11.5. Of wliat necessary powers was congress destitute? 
 1 16. What are ihe nature and objects of the union, under the
 
 Chap. I. NATURE OF THE UNION. f59 
 
 partial and imperfect union — "to establish justice, insure 
 domestic tranquillity, provide for the common defence, 
 ])roniote the general welfare, and secure the blessings of 
 liberty to ourselves and our posterity" — objects to which 
 the confederation had proved incompetent—" do ordain 
 and establish this constitution for the United States of 
 America." 
 
 117. But, aUhoiigh there can be little difference of 
 opinion as to the objects of the constitution, the nature of 
 this instrument is very differently interpreted by different 
 individuals. It has been held to be, ( 1.) a contract between 
 sovereign and independent states, to establish and maintain 
 a government for the common good of the states ; (2 ) a 
 contract between each state and all the other states, for the 
 same purpose ; each state reserving to itself the right of 
 judging of the meaning of the contract, and whether it 
 has been kept or broken; (3.) a contract between each 
 citizen and all other citizens of the United States, to 
 establish and maintain a government for the good of the 
 whole, with limited and detined powers; providing that all 
 povvers not expressly given, nor necessarily flov/ing from 
 those which are so given, are reserved to the states or to 
 the people; and that the authority of interpreting the 
 meaning of the contract, or of expounding the powers of 
 the government, instead of belonging to the states, resides 
 in the government itself 
 
 118. Without presuming to decide which of these 
 opinions is correct, it may be proper to state, that, in this 
 latter sense, the constitution is understood by the supreme 
 court of the United States, which, in the last resort, is to 
 expound the constitution, and the laws made Under its 
 authority. It is argued in favor of this opinion, that in 
 adopting the constitution, the people of the several states, 
 by their repres3ntatives in the state conventions, acted 
 separately for themselves, not in the character of that 
 sovereignty which they had entrusted to their respective 
 state governments. And as the constitution was ratified 
 
 present constitution? 117. What different opinions prevail as to 
 the nature of the union? US. What authority aiid what reason*
 
 60 UOVKRNMENT OF THE II. STATES. Part 111. 
 
 })y the people of each state, in concurrence v.ith the peo- 
 ple of all the states, it thus become a mutn.al compact 
 between all, binding upon all, and upon their respective 
 •State governments. 
 
 119. A similar view of this subject was taken by the 
 president of the United States, in his proclamation of 
 December, 1832, occasioned by the hostile attitude assam- 
 v.d by the state of South Carolina against the general 
 government; that state having threatened to resist the 
 execution of a law of congress which she declared to be 
 unconstitutional, and claimed for herself, as an indepen- 
 dent state, the right to judge of the constitutionality of the 
 law, as well as the right to secede from the union. These 
 rights, it was asserted, had been reserved to the states, 
 and had never been surrendered to the general govern- 
 ment. The opinions expressed in the proclamation 
 referred to, were, at that time, approved by a large ma- 
 jority of the people of the union. A few short extracts 
 from that document are here given; 
 
 " The people of the United States formed the constitu- 
 tion, acting through the state legislatures in making the 
 compact, to meet and discuss its provisions, and acting in 
 separate conventions when they ratified those provisions; 
 but the terms used in its construction, show it to be a 
 government in which the people of all the states collec- 
 tively are represented. We are ojie people in the choice 
 of the president and vice president. Here the states have 
 no other aq-cncy than to direct the mode in which the 
 votes shall be given. The people, then, and not the states, 
 are represented in the executive branch. 
 
 " The constitution of the United States, then, forms a 
 ffovernmc7it, not a league; and, whether it be formed by 
 compact between the states, or in any other manner, its 
 character is the same. It is a government in which all 
 the people are represented, which operates directly on the 
 people individually, not upon the states : they retained all 
 
 are given in support of this last opinion? 119. What fin-lher au- 
 ihoiily is here tiled, in corrohoration of this opinion? What are 
 some of the reasons given in favor of it? 120. What spirit must
 
 Chap. 1 Naturk of the union. 61 
 
 tlie power they did not grant. But each state havino- 
 express!)^ parted with so many powers as to constitute, 
 jointly with tlie other states, a single nation, cannot from 
 that period possess any right to secede, because such 
 secession does not break a league, but destroys the unity 
 of a nation." 
 
 120. The most able men have diftered widely on this 
 sul)ject ; and tliis diversity of opinion will probably con- 
 tinue to exist. These different views of the national 
 compact are therefore given to lead the mind to inquire 
 into the nature of the union, rather than to excite a spirit 
 of controversy, which should always be discouraged. 
 The people of the United States are indebted for the 
 blessings enjoyed under their admirable system of gov- 
 ernment, to that spirit of compromise and mutual conces- 
 sion, which prevailed so universally among the members 
 of the body that framed ihe constitution. It is indeed 
 remarkable, that an assembly of men from so wide a ter- 
 ritory, entertaining views, and representing interests, so 
 varied and opposite, should have agreed on a form of 
 government which should receive the assent of so large 
 a majority of the people. And it is more remarkable 
 still, that any system, adopted under these circumstances, 
 should have been found, on an experiment of almost half 
 a century, so fully competent to all the purposes for which 
 it was intended. May the same spirit of forbearance and 
 good will which governed those who framed and adopted 
 our invaluable consthution, be cherished by their descend- 
 ant:5 ' 
 
 have prerailod aman^ the IVfim'jrs of itie constitution? Has tli*; 
 cuii-itiiujou thus iar answered its ihleiided purpose'! 121, In wlial
 
 62 GOVERNMENT OF THE U. STATES. Part 111. 
 
 CHAPTER II. 
 
 Of the Lfigislative Poiccr. — House of Representatives. 
 
 121. All legislative powers granted in the constitution, 
 are vested in a congress of the United States, which 
 consists of a senate and house of representatives. The 
 propriety of dividing the legislature into two co-ordinate 
 branches, is obvious. It was intended, by this division, 
 to guard against the evil consequences of hasty action by 
 a single legislative body. The proceedings of some of 
 the state legislatures, consisting of a single house, as well 
 as the proceedings of congress under the confederation, 
 had furnished examples of the ill effects of precipitate 
 legislation. A hasty decision is not likely to be made, 
 when a measure is liable to be arrested in its progress, 
 and to be subjected to the critical revision of another 
 body, in which it must pass through the same forms of 
 deliberation before it become a law. 
 
 122. But there was another reason for this division of 
 the national legislature. In the new constitution were 
 combined the national and federative principles. It was 
 proper that, when a people are incorporated into one 
 nation, every district or territorial subdivision should 
 have a proportinnal share in the goA'ernment; and it was 
 equally proper that each of the several members of the 
 confederacy should have, in some respect, an equal voice 
 in the public councils. 
 
 123. The house of representatives is composed of 
 members chosen every second year, by the people of the 
 .several states. By limiting the term of office of a repre- 
 sentative to two years, it was intended to secure a faithful 
 and just representation of the interests of the people in 
 the national coimcils. For, should a representative prove 
 
 are the legislative, or law maVina:, powers of the government ves- 
 ted! For what purpose is the legislature divided? 122. What 
 other reason i-^ given for this division? 123. liow is the house ot 
 represen;aiives constituted? Why is the term of office of irieju-
 
 Chap. II, HOUSE OF REPRESENTATIVES. 63 
 
 to be incompetent, or unfaithful to his trust, he may at 
 the end of two years be removed, and his place filled by 
 another. Besides, the hope of a re-election, should his 
 conduct meet the approbation of his constituents, and the 
 fear of being displaced, should he forfeit their confidence, 
 have a tendency to ensure a faithful performance of his 
 duties. But if the elections were still more frequent, and 
 the term of a representative were limited to a single year, 
 his increased dependence on the popular favor, would 
 probably diminish his regard for the general good. 
 
 124. Any person qualified to vote for a representative 
 in the lowest or most numerous branch of the legislature 
 of the state in which he resides, is entitled to vote for a 
 representative in congress. But the qualifications of the 
 electors, being established by the constitutions of the sev- 
 eral states, are not uniform. In some states, the posses- 
 sion of a certain amount and description of property, is 
 made a qualification. Colored persons are not allowed 
 to vote in any state, excepting a few, in which the prop- 
 erty qualification is required. In a majority of the states, 
 however, all free white citizens, of the age of twenty-one 
 years or upwards, having resided for a certain period of 
 time in the .state, and paid taxes thereto, are entitled to 
 vote for representatives in the most numerous branch of 
 the state legislature. 
 
 12.5. No person may be a representative tmless he has 
 attained to the age of twenty five years, and been seren 
 years a citizen of the United States ; nor unless he be an 
 inhabitant of the state in which he is chosen. This pro- 
 vision, as to age and term of citizenship, is intended to 
 prevent the election of men who have not had time to 
 acquire that knowledge and experience, which are essen- 
 tial to constitute a useful and efficient representative ; and, 
 unless he be an inhabitant of the state in which he is 
 chosen, he cannot be presumed to understand the interests 
 he is to represent. 
 
 bers limited to two years? 124. What qualifications entitle an 
 elector to vote for reprcseniativest 125. What qualifications m«si
 
 64 GOVERNMENT OF THE U. STATES. Part 11 f 
 
 126. Representatives and direct taxes are apportioned 
 among the several states, according to their respective 
 numbers, which are 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. By this mode of ap- 
 portionment, the free citizens of the slave-holding states 
 have a greater number of representatives than an equal 
 number of white persons in the other states. For instance, 
 suppose a state to contain 500,000 free persons, and 300,- 
 000 slaves: the addition of three fifths, (180,000,) of 
 the number of slaves, to the number of free persons, 
 makes 080,000 ; according to which number representa- 
 tives are apportioned. But as representation and taxation 
 go together, it was thought the free states had no just 
 cause to complain of unequal representation, as the slave 
 states would be liable to greater direct taxes, in proportion 
 to their free population, than the free states. Direct na- 
 tional taxes, however, have seldom been laid, and proba- 
 bly they will not again be resorted to. 
 
 127. The enumeration nf the people is made every ten 
 years, in such manner as the state legislatures direct. 
 Representatives are at present apportioned according to 
 the census oi 1830. Cevsm, among the Romans, was 
 used to signify the valuation of a man's estate, and the 
 registering of himself, his age, his family and his ser^^ants. 
 As used in the United States, it usually means only the 
 enumeration of the people. 
 
 128. The number of representatives may not exceed 
 one for every 30,000 inhabitants. A very numerous 
 legislative body cannot act with the same degree ol con- 
 venience and despatch as a smaller assembly. Hence 
 the propriety of this constitutional provision. To prevent 
 the house of representatives from becoming too large, 
 congress has found it necessary, from time to time, as the 
 population of the states increased, to lessen the ratio nf 
 
 a representative possess? 12C. How are repre.seni at ives and direct 
 taxes appertioned amon^ the .states? 127. How, and how often 
 are the people numbered? What is the meaning of census? 128.
 
 Chap. II. HODSE OF RBPRESENTATIVEa. 65 
 
 representation. The present ratio is only one represent- 
 'ilive for every 47,000 inhabitants, according' to '.he cen- 
 sus of i8o0. The number of representatives is 240. 
 These are apportioned among the several states as follows; 
 M'iine 8; New Hampshire 5; Vermont 5; Massachu.setts 
 12; Rliode Island 2; Connecticut 6; New York 40; 
 New Jersey 6; Pennsylvania 28: Delaware I; Maryland 
 8; Virginia 21; North Carolina 13; South Carolina 9, 
 Georg-ia9; Alabama 5; Mississippi 2; Louisiana 3 ; 
 Tennessee 13; Kentucky 13: Ohio 19; Indiana 7; 
 Illinois 3 ; Missouri 2. The constitution provides that 
 each state shall have at least one representative ; and, by 
 an act of congress, every territory belonging to the Uni- 
 ted States, in which a government is established, has the 
 right of sending a delegate to congress. Such delegate 
 is entitled to a seat, with the right of debating, but not of 
 voting. 
 
 129. The distribution and location of the representa- 
 tives of a state, are determined by a law^ of the state 
 legislature. Each state is divided into a number of 
 districts equal to the number of its representatives ; each 
 district comprising, as nearly as may be, the number of 
 inhabitants entitled to a representative. Sometimes, how- 
 ever, a district is made to embrace a population entitled 
 to two or more representatives. A state may order the 
 v/hole number of its representatives to be voted for on 
 one ticket, throughout the state. This is the practice in 
 a lew of the states. 
 
 130. As vacancies sometimes happen in the represent- 
 ation from a state, by the death, resignation, or removal, 
 of some of its representatives, it is provided by the consti- 
 tution, that the executive authority of a state, in the repre- 
 ssntation of which a vacancy shall happen, shall issue a 
 writ of election, ordering the vacancy to be lilled. 
 
 How IS the nuraber of representatives limited? Why? Whatis the 
 present ratio? What the present numbev of represematives? How- 
 are they apporlionec^ arnons the several .stales? 129. How are the 
 representatives of each stale distributed and located? 130. How 
 ar^ vacaacies that happen ia the hous-; filled? 131. Uov^ are Uia 
 
 E
 
 66 GOVERNMENT OF TUE t?. STATES. Part III 
 
 131. The house of representatives shall choose their 
 speaker and other officers, and shall have the sole power 
 of impeachment. Impeackment is a charge or accusation 
 preferred against a public officer for misconduct and mal- 
 administration. The house has only the power to im- 
 peach, or to make the accusation ; the power to try 
 impeachments belongs to the senate. 
 
 CHAPTER III 
 
 Of the Senate of the United States. 
 
 132. The senate of the United States is composed of 
 two senators from each state, chosen by the legislaturo 
 thereof Our government, as has been remarked, partakes 
 of the national and federative character, combining the 
 principles of proportional and eoval representation. The 
 house of representatives is constituted upon the former 
 principle, the number of its members from f-ach state 
 being in proportion to its population ; while in the senate 
 each state is cqxiaily represented. Besides the reasons 
 stated in a preceding chapter, for instituting a senate, it is 
 said to be the result of a compromise between the large 
 and the small states : the latter consenting to be represen- 
 ted in one branch of the legislature, in proportion to the 
 number of inhabitants in each, on condition of being 
 allowed an equal representation in the other branch. 
 
 133. The usual mode of choosing senators Is hy joint 
 vote: that is, the members of both branches of the state 
 legislature meet together, and vote numerically. Ano- 
 ther mode is by a concurrent vote, each house voting 
 separately, and a concurrence in its choice being required 
 
 officers of the house chosen? Of what has it the sole power? What 
 is an vmpeachmeni? 
 
 139 How is the senate composed? What pnnciplei-are com- 
 bined in our g-ovarnraeQl? 133. What arc the diiferent modes of
 
 Clhap. III. OS' THE SENATE. C7 
 
 by the other house. But the latter mode is not common. 
 In cases of disagreement between the two houses, the 
 election of senators by a concurrent vote is often attended 
 ■with great difficulty ; for so long as each house adheres 
 "to its decision, no election can be effected. As the con- 
 stitution does not prescribe the manner in which the ap- 
 pointment shall be made, there is much uncertainty as to 
 its true construction in this particular. 
 
 134. Senators are elected for six years. Political fnc' 
 tions and popular excitements will arise in every commu- 
 nity ; and their tendency is to produce fluctuation and 
 instability in the public councils. Sudden changes in 
 public feeling, are usually followed by corresponding 
 changes in legislative bodies of short duracion. As much 
 of the party feeling that prevails among the electors, is 
 often carried by the representative into the legislative 
 hall, frequent alterations of the laws are to be expected ; 
 and these changes are sometimes attended with great 
 mischiefs to the community. It was deemed requisite, 
 therefore, that a body resting on a more durable basis, 
 should be placed as a check upon the more popular 
 branch of the legislature. A longer term of office was 
 required, as the means most likely to give independence 
 &nd stability to the senate. 
 
 135. The senate is divided into three classes, so that 
 the term of one third of the members expires every sec- 
 ond year. This division and classification of the senate, 
 by which the seats of one third only of its members are 
 vacated every year, are calculated to secure stability to 
 the administration of the government, and to retain a 
 large portion of experienced members, acquainted with 
 the general principles of national policy, and the forms 
 and course of business. 
 
 136. If vacancies happen, by resignation or otherwise, 
 during the recess of the legislature of any state, the ex- 
 ecutive thereof may make temporary appointments, until 
 
 chuasiag senators'? 134. For wliat term are they elected? Why 
 is so long a term deemed requisite? 135. How is the senate divi- 
 dwd amd classifit^d? For what purpijse? 136. How are vaeaiicieb
 
 68 GOVEKNKENT OF THE O. STATES. Part III 
 
 the next meeting of the legislature, which shall then fill 
 such vacancies. 
 
 137. The executive of a state may fill a vacancy that 
 happens during the recess of the legislature of such state ; 
 but he cannot make the appointment constitutionally until 
 the vacancy shall have actually occurred. So it was 
 decided by the senate, in 1825. Mr. Lanman was a 
 senator of the United States from the state of Connecti- 
 cut. His term of service expired on the third of March. 
 The governor of that state, having been previously noti- 
 fied by the president of the United States, that the senato 
 would be convened on the fourth of March, accordingly 
 made the appointment in February, the legislature not 
 being in session. Upon these facts, the question was 
 raised as to the constitutionality of the appointment, an<l 
 the senate decided, 23 to 18, that, as the ap})ointnient had 
 lieen madebf'fore the vacancy had occurred, Mr. Lanman 
 was not entitled to a seat. 
 
 138. No person may be a senator,,unIcss be has attain- 
 ed to the age of thirty years, and been nine years a citizen 
 of the United States, nor unless he be an inhabitant of the 
 state for which he shall be chosen. The superior weight 
 and delicacy of the trusts confided to the ^:enale, seemed 
 to require greater age, and longer citizenship, as qualifi- 
 c;itions for a senator, than for a representative. Men 
 elected to so responsible an office, should be of sufficient 
 age to have acquired a thorough knowledge of the affairs 
 of the nation; and a period of citizenship is required 
 sufficient to form an attachment to the principles of our 
 government. 
 
 139. The presiding officer of the senate., is the vice 
 president of the United States. In his absence, or when 
 he exercises the office of president of the United States, 
 the senate chooses, from its own body, a president pro 
 tempore. Pro tempore is a Latin phrase. Signifying, for 
 
 in the «enatc filled? 137. Can an appoin'ment hy a sta'e execu- 
 tive be mada (nfore the vacmcy arUiaily occirs? J3H. What are 
 the qualificaiicms required lor a senator? Why are Ibesc quali fi- 
 jiiUoKs deemed necessary? 139. Who presides in ito senate? W ho
 
 Chap. [II. OF THE SENATE. 69 
 
 the time. It here means, for the time that the vice pres- 
 ident sliall be absent from the senate. It is the duty 
 of the president of the senate, and of the speaker of 
 the house of representatives, to preside over, and 
 to conduct, the proceedings and deliberations of their 
 respective houses. All questions on which a vote is to 
 be taken, are put to the house bj- the presiding officer ; 
 and he also decides all questions of order that may arise 
 in the house over which he presides. 
 
 140. The other officers are the same in both houses. 
 They are the following: 1st, a chaplain, who performs 
 divine service. The principal business of a chaplain in 
 a legislative body in this country is, to offer prayers before 
 the business of the day is commenced. The salary of a 
 chaplain to congress is $500 a year. 2d, the secretary of 
 the senate, and clerk of the house of represe/itatives ; each 
 of whom is required to take an oath or aillrmation to sup- 
 port the constitution of the United States, and another 
 faithfully to discharge the duties of his office to tlie best 
 of his knowledge and ability. They are required to give 
 bonds, in the penal sum of $20,000, for the faithful ap- 
 plication of all the funds of their respective houses that 
 shall come into their hands ; which must be deposited in 
 one of the banks in the District of Columbia, and may 
 be paid out only by a draft on the bank in which the 
 money is deposited. It is also their duty to furnish their 
 respective houses with the necessary stationary; which 
 is done by advertising, after the adjournment of each 
 congress, in two newspapers printed in the District of 
 Columbia, for proposals for supplying the succeeding 
 congress with slationary. The proj-isal of the lowest 
 bidder is accepted, who is required to. ive security for the 
 fulfilment of his contract. And the -aid secretary and 
 clerk are required to lay before the two houses, at the 
 commencement of each .session, a dc^tailed statement of 
 the items of the expenditure, and manner in which the 
 
 in his absence? What does pro tempore signify? What are the 
 dutie-i of a presiding officer? 140. What are the other officers of 
 the respcciive hoiises? Wiiat are the duties of each? Their salu-
 
 70 GOVERNMENT OF THE V. STATEit. Part III 
 
 funds of the respective houses have been applied. They 
 receive for their compensation $3000 a year, each ; their 
 principal clerks, $1500 each. 3d, a sergeant-at-arms, 
 who executes the commands of the presiding officer of 
 the house. He arrests offenders, and" performs such other 
 duties as usually devolve upon a sheriff or constable 
 attending as a peace officer at the session of a civil court. 
 4th, a doorkeeper, whose salary, and that of sergeant-at- 
 arms, are $1500 a year, each. 5th, an assistant door- 
 keeper, whose salary is $1450 a year. 
 
 141. The senate possesses the sole power to try impeach- 
 ments : when sitting for that purpose, its members must 
 be on oath or allBrmation. A provision in the constitution 
 for trial by impeachment, was rendered necessary for the 
 punishment of offences that could not be tried before 
 ordinary courts. These offences are such as are commit- 
 ted by persons in public offices, and consist in misconduct 
 and mal-administration. Should a magistrate receive 
 money for giving an erroneous decision, he would be 
 liable to impeachment. So also the president, or other 
 public officer, would, for mal-conduct, be subject to im- 
 peachment. It has been decided that a member of con- 
 gress is not a civil officer within the meaning of the 
 constitution, and therefore Tiot liable to impeachment. 
 
 142. The first proceeding in a trial of this kind, is a 
 complaint to the house of representatives. A committee 
 is then appointed to investigate the matter; and if the 
 charge be well founded, a written accusation is prepared 
 and presented to the senate, with a request to proceed to 
 trial. The house chooses a number of its members to 
 conduct the trial on the part of the house. The presi- 
 dent of the senate presides when present, except when 
 the president is tried : in such case, the chief justice pre- 
 sides. The same rules are observed in courts of im- 
 peachment, as in courts of common law. 
 
 143. As the power of originating the inquiry, of draw- 
 ing up and presenting articles of impeachment, and of 
 
 ries? 141. Of what has the senate sole power? Why is (his kind 
 of trial necessary? 142. Give the proceedings in a trial of this
 
 Chap IV. OP THE SENATK AND HOUSE. 71 
 
 i'onducting the prosecution, is more properly given to the 
 members of the house, because they immediately repre- 
 sent the people ; so the members of the senate are m.ore 
 fit to sit a§ judges on a trial of impeachment, because they 
 are further removed from the people, and are presumed 
 10 be more free from party influence. 
 
 1 44. No person can be convicted on a trial by impeach- 
 ment, without the concurrence of two thirds of the sena- 
 tors present: and judgment can extend no further than 
 to removal from oflice, and disqualification to hold and 
 enjoy any office of honor, trust or profit, under the United 
 States; but the party convicted may, nevertheless, be 
 indicted, tried and punished, in a justice' court. 
 
 CHAPTER IV 
 
 Of the, Senate and House of Representatives. 
 
 145. The tim?s, places and manner of holding elec- 
 tions for senators and representatives, are prescribed in 
 radi state by the legislature thereof; but congress may, 
 at any lime, by law, make or alter such regulations, ex- 
 cept as to the places ot choosing senators. 
 
 146. Congress is required, by the constitution, to 
 assemble at least once in every year, on the first Monday 
 in December, unless it shall, by law, appoint a ditierent 
 day. Congress, in pursuance of the power here given, 
 has provided, that when, from the prevalence of conta- 
 gious sickness, or from other circumstances, it would be 
 dangerous to the health of the members to meet at the 
 
 kind? 143. For what reason.s are the power to impeach, and the 
 power to try impeachments, divided between tyie two housest 
 144. What is necessary to conviction? How far does judgment 
 extend? 
 
 145. How are the time, place and manner of holding elections 
 for members of congress prescribed] 146. When, and how ofterj,
 
 72 GOVERNMENT OF THE V. STATES part III 
 
 place to which congress shall star.d adjourned, the prosi- 
 (lent of the. United States irniy, by proclamation, convene 
 Gongross at such other place as he may judjre proper. 
 
 147. Each hop.se is made the judge of the elections, 
 returns and qualifications, of its own members. By the 
 power granted to each house of congress to judge of 
 the elections, returns and qualifications of its members, 
 it was intended to preserve a pure representation. It often 
 happens that, in consequence of some alleged iriegularity 
 or unfairness in the election or return of a member, bis 
 seat is claimed by the opposing candilate. In such case, 
 the house insdtutes an investigation, and decides which 
 of the candidates is entitled to the seat. 
 
 148. A m:ijority of each house shall constitute a quo- 
 rum 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. Qiwrum 
 means such a number of any officers as is sufficient to 
 transact business. Thus the senate consists of 48 mem- 
 bers, 25 of whom, a quorum, may act. 
 
 149. Each house may punish its members for disor- 
 derly behavior, and, with the concurrence of two thirds, 
 may expel a member. A member may be expelled for a 
 high misdemeanor, though comm.itted elsewhere than ia 
 the presence of the house to which he belongs. In de- 
 termining on expulsion, it is not necessary to adhere to 
 those forms and rules of evidence which are observed in 
 courts of law. From the power to punish its members 
 for disorderly behavior, congress has inferred and exer- 
 cised the power of punishing for contempt other persons 
 than its own members. 
 
 150. Each house is required to keep a journal of its 
 proceedings, and, from time to time, to publish the same, 
 
 must congress assembled 147. For v/hat purpose is congress an- 
 thorized to judge of the eleciions, &c. of ilsinerabcrs? 148. What 
 conHti;u'.c^; a quoium in eaeli hoiu-cl What is meant by qiiorum? 
 149. To what does the power of each house to punish and expel 
 members extend? 150. What does the consliluiicn require respect-
 
 Chap. IV. or the senatr and hoojse. '•'S 
 
 excepting- such parts as may, in its judgmeiii, require 
 secrecy ; and trie yeas and nays of the members of cither 
 house, on any question, shall, at the desire of one filth (A 
 those present, be entered on the journal. Besides the 
 number of copies of the public journals usuall}'- printed, 
 there are printed several liundred copies, of miicii twenty- 
 hve copies are to be deposited in the library oi' coneress, 
 for the use of members of congress during; any stssioji, 
 and all other persons authorized by law to use the books 
 in the library. And as manv other copies are transmitted 
 to the executives of the several states and territories, as 
 shall be sntlicient to furnish one copy to each branch of 
 every state and territorial legislature, and one copy to 
 each college and incorporated historical society in eack 
 state; and the residue are deposited in the library of the 
 United States, subject to the future disposal of congress 
 
 ITjI. The printing of congress, both as it regards the 
 manner and the prices of the work, is regulated by law. 
 Before the close of each congress, a printer is chosen, by 
 each house, to execute its work during the next congress 
 The person elected is required to give a bond, with sure-. 
 ties, to the secretary of the senate and clerk of the house 
 of representatives, for the prompt and faithful execution 
 of the work. 
 
 152. Neither house, during the session of congress, 
 may, without the consent of the other, adjourn for more 
 than three days, nor to any other place than that in which 
 the two houses shall be sitting. The time of the final 
 adjournment is fixed by a concurrent resolution of both 
 houses Every second year, congress must of necessity 
 adjourn on the third day of March, as the term for which 
 the house of representatives and one third of the senate 
 are elected, expires on that day. 
 
 153. The senators and representatives shall receive a 
 compensation for their services, to be ascertained by law, 
 
 mg the journals of congress? How does the law regnla'e thciT 
 publica'on? 151. How is the printing of congress regulated? 
 152. How is the power of each house to adjourn restricted? When 
 does the conslitutional term of each congress expire? 153. Eow
 
 74 GOVERNMENT OF THE V. STATES. Part lit 
 
 and paid out of the treasury of the United States. The 
 compensation at present received by a member of congress, 
 is eijfrht dollars for every day's attendance in the house, 
 and eight dollars for every twenty miles ol estimated 
 •distance, by the most usual route, from his residence, both 
 going to, and returning from, the place of the meeting of 
 congress. The president of the senate pro tempore, when 
 the vice president shall be absent, and the speaker of tho 
 house of representatives, respe-^tively receive, in addition 
 to their compensation as members of congress, eight dol- 
 lars for every days attendance on their respective houses. 
 
 154. Members of congress, in all cases, except treason, 
 felony, and breach of the peace, are privileged from ar- 
 rest by any civil process, during their attendance at the 
 session of their respective houses, and in going to, and 
 returning from, the same ; and, in order to preserve the 
 freedom of deliberation, no member of either house can 
 be questioned, in any other place, for any speech or debate 
 in the house of which he is a member. 
 
 155. No senator or representative may, during the 
 time for which he was elected, be appointed to any civil 
 office under the authority of the United States, which 
 shall have been created, or the emoluments whereof shall 
 have been increased, during such time; and no person 
 holding any office under the United States, may be a 
 member of either house during his continuance in office. 
 
 156. Civil offices are created, and the salaries of pub- 
 lic officers are established by congress. Therefore, to 
 take away from its members all inducement unnecessarily 
 to create offices, their appointment to such offices is pro- 
 hibited. In order to preserve, as far as possible, purity 
 of action in the national legislature, it has by law been 
 provided, that no member shall be allowed to make any 
 contract, or to have any interest in any contract, to be 
 
 is the compensation of members fixed? What i.s their present 
 compensation? 154. What privileges have members during the 
 session of coiigres.-'.' 1.^5. How are tliey restricled as to receiving 
 and holding officesl 156. What is lhe'ol)ject of this reslrictiont 
 From what are members further prohibited? Under what penalty?
 
 Chap v. MANNER OF ENACTING LAWS. 75 
 
 made with any officer of the United States, or with any 
 person authorized to make contracts on the part of the 
 United States. Upon conviction for a violation of this 
 law, a member is adjudged gailty of high misdemeanor, 
 and fined three thousand dollars; and such contract shall 
 he void 
 
 CHAPTER V. 
 
 Of the Manner of Enacting Laws. 
 
 157. Each house may determine the rules of its pro- 
 ceedings. These rules, in both houses, are substantially 
 the same. Soon after the meeting of congress, standing 
 committees are appointed for the session, upon all subjects 
 which usually receive the action of congress. Commh- 
 tees are also appointed, from time to time, upon special 
 subjects as they arise : these are called select committees. 
 Both standing and select committees are appointed in the 
 house of representatives by the speaker; in the senate, 
 they are generally appointed by ballot, but sometimes by 
 the president of the senate. The object of the appoint- 
 ment of committees is the despatch of business. So great 
 a variety and number of subjects require the deliberation 
 of congress at every session, that but a very small portion 
 of them could be disposed of, if the attention of the whole 
 house were confined, during the whole session, to a single 
 subject at a time. 
 
 158. When a committee to whom a subject has been 
 referred, has duly investigated it, such committee makes 
 a report to the house to which it belongs. When a com- 
 mittee reports in favor of any measure which it has had 
 under consideration, it usually introduces a bill with such 
 
 157. When, and how are standing and select committees appoin- 
 ted? What is the object of their appoiutment? 158. What is a
 
 76 OOVBRNMENT OP THE V. STATES. Part ITT, 
 
 report. A bill, is the draft or project of a "law. Bills 
 may also be introfluced by aii individual member upon 
 iwive beinir granted on motion, alter due notice of bis 
 intention to move the house to grant it. 
 
 159. A bill, before it can be passed by either house, 
 must be read three times ; and these several readings 
 must be on different days, unless otherwise ordered by 
 the unanimous consent of the house. No bill can be 
 committed or amended until it shall have been read twice, 
 it is then declared to be ready for commitment or for 
 ens^rossment. To engross a bill, is to copy it in a large, 
 fair hand, after the amendments have been made to it. if 
 the bill be committed either to a standing or select com- 
 mittee, or to a committee of the whole house; or if tho 
 bill be ordered to be engrossed, the house appoints the 
 day on which it shall be read the third time. When tho 
 house resolves itself into a committee of the whole to 
 consider a bill thus committed, the speaker appoints another 
 member to preside as chairman ; and the speaker may 
 take a part in the debates as an ordinary member. 
 
 160. Bills of unusual importance are usually referred 
 to a committee of the whole house; and all propositions 
 for tuxes, and for appropriations of money, must first be 
 discussed in committee of the whole. Matters are referred 
 to a committee of the whole, because the rules of either 
 house, when the proceeding is in the house itself, do not 
 allow so great a degree of freedom in discussing the 
 merits of any question, or of settling its details, as ia 
 allowed in committee of the whole. 
 
 161 All bills for raising revenue must originate in 
 the house of representatives ; but the senate may propose, 
 or concur with, amendments, as on other liils. According 
 to the practice of congress, bills for raising revenue are 
 those only which provide for levying taxes, in the strict 
 sense of the term. Bills, therefore, which indirectly 
 
 bill? When, and by whom are bills introduced? 159. What order 
 is taken upon a hill before its commitment or enj^rossmcnt? What 
 further proceeding is had on it? ICO. To what commiUee are im- 
 portant bills committed? Why are matters referred lo a commiUee
 
 Chap. V MANNER OF ENACTING LAWS, 77 
 
 increase or create revenues, are not considered as revenue 
 bills within the meaning of the constitution. 
 
 162. A bill may, at any time before its passage, be 
 re-committed for further consideration ; and when it lias 
 been reported on by a committee, or after it has been fully 
 discussed and amended in the house, it is then proposed 
 to be engrossed and read a third time. Then is the proper 
 time for those opposed to the bill, to take their stand 
 against it. 
 
 163. If a bill has passed one house, it is sent for con- 
 currence to the other, in which it must go throvigh simi- 
 lar forms of examination and discyssion. Whether it be 
 agreed to, or amended, or wholly rejected, by the house 
 to which it has been transmitted for concurrence, it is 
 returned to the house in which it originated, with a mes- 
 sage communicating the result, if amendments have 
 been made in one house which are not agreed to in the 
 other, a message to that effect is sent to the former. If 
 the two houses cannot agree to the amendments, a com- 
 mittee of conference is appointed in each house. If, 
 after receiving the report of the committees of conference, 
 an agreement or compromise be not effected, the bill is 
 lost. 
 
 164. When a bill has passed both houses, it is presen- 
 ted to the president of the United States; if he approves, 
 he signs it ; but if not, he returns it, with his objections, to 
 the house in which it originated, which enters the objec- 
 tions at large on its journal, and proceeds to reconsider it. 
 If, after such reconsideration, two thirds of the house 
 agree to pass the bill, it is sent, together with the objec- 
 tio-is, to the other house, by which it is likewise re-con- 
 pidered, and, if approved by two thirds of that house, it 
 becomes a law. If any bill be not returned by the pres- 
 ident within ten days (Sundays excepted,) after it has been 
 presented to him, it sliali be a law, in like maruier as if 
 
 of the w\io]e house? IGl. What bills must oriEjinate in the house 
 cf repfiseatatives? What are reve.nv^ bills? l'(;2. When is a bill 
 proi>0;:efl lO be engrossed? 16^?. What is the course of aciioc on a 
 bill, ailer it has passed one houae? 164.. After its passage by both
 
 78 GOVERNMENT OP THE U. STATES. Pail III, 
 
 he had signed it, unless con<Tress, by its adjournment, 
 prevent its return, in which case it shall not be a law. 
 
 165. The provision giving to the president power to 
 negaiive hills which shall have passed both houses, other- 
 wise called the veto power, was not adopted without much 
 discussion. It was opposed, on the ground that the action 
 of congress upon any subject ought to be regarded as the 
 act of the people, and must be presumed to be the expres- 
 sion of their will : and that, with this power, a single 
 individual might defeat the represented will of a majority 
 of the people. On the other hand, it was believed to be 
 improbable that a president would ever so far forget his 
 responsibility to the people, as to abuse this power. This 
 power was meant to afford additional security against the 
 passage o( improper laws through want of due reflection; 
 but it was thought necessary chiefly to defend the execu- 
 tive department against usurpation bj^the legislative power. 
 Without this check, the president might gradually be 
 stripped of his authority. 
 
 1(36. Every order, resolution, or vote, to which tho 
 concurrence of the senate and house of representatives 
 may be necessary, (e.xeept on a question of adjournment,) 
 must be presented to the president of the United States, 
 and, before the same shall take effect, be approved by 
 him, or, being disapproved by him, must be passed by 
 two-thirds of the senate and house of representatives, 
 according to the rules and limitaticiis prescribed in tho 
 case of a bill. 
 
 [The enumeration of the general powers of congrcFs 
 comes next in order in the constitution ; but as the sub- 
 jects of these powers will come under review in another 
 place, they are here omitted. These powers extend gen- 
 erally to ail subjects of a national nature, and are expres- 
 sed in the ttth section of the 1st article of the constitution] 
 
 houses, what is necessary to its becoraing a law? 16.'>. What is 
 lueaiii by Uie uegauve, or otto {jowerT Whal is ihc otijecl ol ttir» 
 {.'ower? IW). lu what cases is ihe approval oi the prtjsidtiU uvv,&i- 
 sarv?
 
 Chap, VI BI.ECTION or pkesidbnt. 79 
 
 CHAPTER IV 
 
 Executive Power. — President' s Term of Ojfice — Mode of 
 Election — Qualifications. 
 
 167. The executive power is vested in a president of the 
 United States of America. The object of the executive 
 department is the execution of the laws; and to ensure 
 promptitude, decision and force, in the administration of 
 this department, the executive authority is Hniited to a 
 sing-le person. Experience had convinced the framers of 
 the constitution of the inefficiency and weakness of a 
 compound executive. The project of executive councils 
 had been tried, and abandoned, and single executives 
 were created. Unity increases not only the efficacy, but 
 the responsibility of the executive power. As every act 
 can be traced and brought home upon the proper agent, 
 there will be less temptation to depart from duty, and 
 greater solicitude for reputation, than when there are 
 partners to share the public censure, or to divide the pub- 
 lic approbation. 
 
 !68. W^hen a law has been duly made and promulga- 
 ted, it is the duty of the executive officer to see that it be 
 faithfully executed. It is not for him to deliberate and 
 decide upon the wisdom or expediency of a law. after it 
 has passed through all the forms of deliberation prescri- 
 bed in the constitution. It should then receive prompt 
 obedience, until repealed by the legislature, or pronounced 
 by the judicial department to be repugnant to the consti- 
 tution. 
 
 169. The president holds his office during t!)c term of 
 four years, and is elected with the vice president, who is 
 chosen for the same term. It is provided by law, that 
 the term of four years for w^hich a president and vico 
 
 1G7. In what is the executive power vested? What is the object 
 of this depariment? What are ihe benefits of a single executive'? 
 168. What is the duty of the executive, r.fter a law has bi'cn drdv 
 uiudfc and pioiuuigaled? iod. How loug doe« the piesiikiii hoki
 
 80 GOVERNMENT OP THK V. STATES. P'dTt III. 
 
 president are elected, shall, in all cases, coinrnence on the 
 fourth day of March, next succeeding the day on which 
 the votes of the electors shall have been given. This 
 day w^as probably fixed upon for the commencement of 
 the presidential term, because the term for which the 
 house of representatives and one third of the senate are 
 elected, expires on the third day of March, in every second 
 year; aiad the term of each new congress consequently 
 begins on the fourth of March. 
 
 170. The term for which the president is elected, is 
 deemed sufficiently long for the purpose of making him 
 feel firm and independent in the discharge of his duties, 
 and to give stability to his adm.inislration ; and yet short 
 enough to place him under a due sense of dependence 
 upon the public approbation. The president may be re- 
 elected after the e.;q)iration of the term lor which he was 
 elected ; but no one has yet consented to be a candidate 
 for a third election. 
 
 171. For the ek>ction of president, each state is required 
 to appoint, in such manner as the legislature thereof di- 
 rects, a number of electors, equal to the whol<3 number 
 of senators and representatives, to which the siate may 
 be entitled in congress. The manner of appointing elec- 
 tors is not uniform throughout the states, in some of the 
 states, the electors are appointed by the legislature. In 
 others, (hey are chosen by districts. By this mode, a 
 number of electors, equal to the niunber of members of 
 the house of representatives, to which a state is entitled, 
 are chosen by the people in the same manner in which 
 representatives are elected. These electors, so chosen, 
 then meiit, and choose the remaining two electors, cor- 
 responding v/ith the num.ber of senators to which the 
 state' is entitled in conarress. Another mode, and that 
 
 his oJJic^? When does Uie temi of a presidenr and vice president 
 commence? Why was'this day fixed upoB? 170. What consid- 
 erations prevailed in dtiermining upon four i'cars for the presi- 
 dential terai? 171. How are the electors oi' president and vice 
 j;re^idenl appointed? What minnber is necessary? What are the 
 djgbreat modes adopted iu diJertat slates for chocsiiig the-elccUji»
 
 Chap. V I. ELECTION OF PRESIDENT. 81 
 
 which prevails at present in a majority of the. states, is 
 by general ticket. According to this system, the names 
 ol a number of candidates, equal to the whole number of 
 electors to be chosen, are placed on a single ballot ; and 
 such number of candidates are voted for throughout the 
 state. 
 
 172. No senator or representative, or person holding 
 any office of trust or profit under the United States, may 
 be appointed an elector. This is to prevent the person 
 in otfice from having an improper influence in procuring 
 his re-election, by his ordinary agency in the government. 
 Persons thus holding offices under the government, 
 whose continuance in such offices depends on the will of 
 the executive, if chosen to be electors, might be tempted 
 to vote for that candidate for president, whose favor they 
 would be most likely to secure, without due regard to his 
 fitness for the office. 
 
 173. I'he election of president by a small number of 
 electors, chosen in each state for that purpose, was inten- 
 ded to prevent the evils that were apprehended from an 
 election by the people at large. It was feared that an 
 election in which the people of the entire union should 
 participate, would produce a contest too violent and tu- 
 multuous for the public virtue and tranquillity. Another 
 object of the present mode Avas to preserve the state sove- 
 reignties, and to prevent the entire consolidation of the 
 government, in organizing the executive department. 
 There are, however, at the present day, many advocates 
 for referring the election of president directly to the 
 j)eopie. 
 
 174. 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 Uni- 
 ted States. This provision was meant to close, as far as 
 possible, the opportunity for bargain and intrigue in the 
 
 of president and vice president? 172. Who may not be appointed 
 an elector? What is the object of this restriction? 173. Why- 
 was not t}ie election of president referred directly to the people'' 
 174, What is the time determined by congress for choosing the
 
 82 GOVERNMENT OF THE U. STATES. Part III- 
 
 election. Congress has accordingly enacted, that the 
 electors shall be chosen within thirty-four daj'S preceding 
 the day on which they shall give their votes ; and that 
 the day on which their votes shall be given, shall be the 
 first Wednesday in December, in every fourth year after 
 the last election. 
 
 175. The electors in each state meet at the place ap- 
 pointed by the legislature thereof", which is usually at the 
 seat of the state government, and vote by ballot for pres- 
 ident and vice president, one of whom, at least, shall not 
 bean inhabitant of the same state with the electors. They 
 name, in their ballots, the person voted for as president, 
 and in distinct ballots, the person voted for as vice presi- 
 dent; and they make distinct lists of all persons thus 
 voted for, and the number of votes given for each. These 
 lists thev sign and certify, and transmit, sealed, to the 
 seat of government of the Unifed States, directed to the 
 president of the senate. 
 
 176. By an act of congress, the electors in each state 
 are required to make and sign three certificates of all the 
 votes by them given, and to sea! up the same. C>ne 
 of these certificates is directed to be sent by a person duly 
 appointed by them for that purpose, to the president of the 
 senate, at the seat of gov.^rnment, before the first day of 
 January ne.xt ensuing. i\nother of these certificates is 
 ordered to be forwarded, by the post office, 'also directed 
 to the president of the senate; and the other certificate is 
 to be delivered to the judge of the district in which the 
 electors are assembled. The day appointed for opening 
 the certificates and counting the votes, is the second 
 Wednesday in February succeeding the election. 
 
 177. The president of the senate, on the day appointed, 
 in the presence of both houses, opens all the ceniiicritps 
 received by fiim; and the votes are then counted: the 
 
 electors? What the time for the electors to choose the presides' ? 
 175. At whai phice do the eloc'.ors meet to vote for pr2?i<ieni'! How 
 are ihe candidaios voted for? 176. How does the law regula.e 
 ihe siguing and disposing of the certificates of votes? On what day 
 are the voie& counted? 177. How is the election determined? 11 tlic
 
 Chap. VI. QUALIFICATIONS OF THE PRESIDENT. 83 
 
 person having the greatest number of votes for president, 
 is president, if such number be a majority of the whole 
 number of electors appointed; but if no person has such 
 majority, then, from the persons having the highest num- 
 bers, not exceeding three, on the list of those voted for 
 as president, the house of representatives shall immedi- 
 ately choose, by ballot, the president. 
 
 178. But when the choice of president devolves on the 
 house of representatives, the votes are 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, before t be 
 fourth day of March following, then the vice president 
 shall act as president, as in case of the death or other 
 constitutional disability of the president. 
 
 179. The person having the greatest number of votes 
 as vice president, is vice president, if such number be a 
 majority of the whole number of electors appointed ; and 
 if no person has a majority, then, from the two highest 
 numbers on the list, the senate chooses the vice president. 
 -A. quorum for this purpose shall consist of two thirds of 
 the whole number of senators; and a majority of the 
 whole number is necessary to a choice. 
 
 180. No person, except a natural born citizen, or a 
 citizen of the United States at the time of the adoption 
 of the constitution, is eligible to the office as president. 
 The qualification of birth cuts oft" all inducements from 
 abroad to corruption and negotiation. As'the president 
 is required to be a native citizen of the United States, 
 ambitious foreigners cannot intrigue for the office. 
 
 181. Neither is any person eligible to the office of 
 president, who has not attained to the age of thirty-five 
 
 electors fail to make choice, who chooses the president? 178. Hoav, 
 in Uiis case, are the votes talien? What is necessary to a choice.' 
 If no choice be mad«, who is to act as president? 179. How is the 
 vicepresidentchosenwhen the electors fail to elect? 180, 181. What, 
 qualifications must a president po-sess? What are the objects of
 
 84 GOVERNMENT OF THE U. STATES. Part III, 
 
 years, and been fourteen years a resident within the Uni- 
 ted States. The age required, is sufficient for a person 
 to have formed his public and private cliaracter; and a 
 long domestic residence is intended to aflbrd his fellow 
 citizens the opportunity to attain a correct knowledge of 
 his principles and capacity, and to enable him to acquire 
 liabits of attachment and obedience to the laws, and of 
 devotion to the public welfare. 
 
 182. The same qualifications are necessary to render 
 a person eligible to the office of vice ' president, as are 
 required for the office of president. 
 
 183. In case of the removal of tlie president from office, 
 or of his death, resignation, or inability to discharge the 
 powers and duties of the said office, the same devolves 
 on the vice president, and congress may, by law, .pro- 
 vide for the case of removal, death, resignation, or ina- 
 bilhy, 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 be elected. 
 
 184. Congress has provided by law, that, in case these 
 supposed vacancies shall happen, the president of the 
 senate pro tcmpoir shall a^,t. as president; and, in case 
 there should be no president pro tempore, the speaker of 
 the house shall so act, until the vacancy be supplied. 
 And as it may become a question on whom the office 
 would devolve after the expiration of the congress for 
 which the speaker was chosen, it is usual for the vice 
 president to withdraw from the senate previouslj' to the 
 adjournment of the session, to afford an opportunity to 
 the senate to choose a president pro tempore, v.ho would, 
 in that case, act as president. 
 
 185. If the vice president succeed to the office of pres- 
 ident, he continues in it till the expiration of the term for 
 
 these restrictions? 182. What are the qualincation.s of a vice 
 president? 183. How does the constitution provide for filling a 
 vacancy iji the office of pre.sident? 184. How has further provision 
 been made to s^jpply casual vacancies'? 185. When the vice presi- 
 dent succeeds to tlie office of pr^esidentj how long does he hold if?
 
 Chap. VI. SALARY OF THE PRESIDENT. 85 
 
 which the president was elected, unless the temporary- 
 disability of the president be sooner removed. If both 
 otiices should be vacant, the law makes it the duty of the 
 secretary of state to cause notice to be given to the exec- 
 utive of every state, and published, ordering an election 
 for the appointment of presidential electors, to elect a 
 president. 
 
 186. The president, at stated times, receives for his 
 services a compensation, which is neither to be increased 
 nor diminished durino- the period for which he has been 
 elected ; and he shall not receive, within that period, any 
 other emolument from the United States, or any of the 
 states. 
 
 187. As it is a fundamental principle of our govern- 
 ment, that the several departments should be kept separate 
 and distinct, the support of the president was secured by 
 a constitutional provision, in order to preserve the due 
 independence of the e.\'ecutive department ; which could 
 not be expected, if the legislature could control, at its dis- 
 cretion, the salaries of the executive and judicial officers. 
 The compensation provided by law for the president, is 
 $•2.5,000 a year, with the use of buildings, furniture, and 
 other effects belonging to the United States ; and that of 
 the vice president is $.5,000 a year, payable at the treas- 
 uiy. 
 
 188. Before a president enters on the execution of the 
 duties of his office, he is required to take the following 
 oath or affirmation : 
 
 " r do solemnly swear (or affirm) that I will fiiithfuHv 
 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." 
 
 189. It is the practice, under the constitutions, both of 
 the United States, and of all the states, for legislators, 
 
 ir both offices become vacant, how are the vacancies filled? 
 186. How is the president's eompensation provided for] 187. What 
 is the object of a constitutional provision for the support of the 
 president? What compensation does he receive? What the vice 
 president? 188. What is required of the president before he enters
 
 85 GOVERNMENT OF THE IT. STATES. Part III- 
 
 judges, jurors, witnesses, and other civil, as well as mili- 
 tary officers, to bind themselves under the solemnity of 
 an oath, to discharge their trusts and duties faithfully- 
 An oath supposes a belief that there is a God, who will 
 hereafter reward the worthy and punish the wicked. 
 There are persons who believe that all oaths are forbid- 
 den : they simply affirm-, or declare. But a false affirma- 
 tion subjects the person so affirming, to all the pains and 
 penalties of perjury. 
 
 CHAPTER YII. 
 
 Powers and Duties of the Presiderit. 
 
 190. The president is, by the constitution, made 
 commander-in-chief ol the army and navy of the United 
 States, and of the militia of the several states, when 
 called into actual service of the United States. The com- 
 mand and application of the public forces to execute the 
 laws, maintain peace, and resist foreign invasion, are 
 powers of an executive nature, and require the exercise 
 of qualities characteristic of this department: in every 
 well organized government, these powers have therefore 
 been appropriated to the executive. 
 
 191. The president may require the opinion, in writing, 
 of the principal officers in each of the executive depan- 
 ments, upon any subject relating to the duties of their 
 offices. As the several departments are established to 
 aid in the administration of the laws, and as the duties of 
 the president make it necessary that he should be kept 
 acquainted, as fully as possible, with the business of every 
 
 on the duties nf his office? 189. What is an oath? What is the 
 practice of those who believe oaths to be forbidden? 
 
 190. What power has the president in relation to the army and 
 navy? 191r Wh}' are the opiuion.s of the executive officers rfiqui-
 
 <-'hap. VII. POWERS OF THE PRESIDENT. 87 
 
 hraiich of the executive department; it is proper that the 
 priacipal o:%'ers in each should give to the chief execu- 
 live officer, such information and assistance, as may be at 
 any time required of them. 
 
 \\ri. The president has power to grant reprieves and 
 pardons, for offences against the United States, except in 
 cas.^s of impeachment. The necessity of a pardoning 
 p.)\A-er, arises from the imperfection of human justice. 
 Under the most correct administration of the laws, men 
 are sometimes liable to suffer from revengeful accusers, 
 the inaccuracy of testimony, or the fallibility of jurors. 
 But there are cases in which policy and humanity require 
 rliat punishment should be remitted, though the crime be 
 clearly ascertained. The power of pardon, vested in the 
 president, is unlimited, except in cases of impeachment. 
 Hi is prevented, in that case, from screening public offi- 
 cers, with whom he might have formed a corrupt coali- 
 tion, or who might be his particular favorites or depend- 
 ants. 
 
 193. The president has power, by and with the advice 
 and consent of the senate, to make treaties, provided two 
 thirds of the senators present concur. A treaty is a 
 bargain or agreement between nations on any matter that 
 concerns them. It is in this manner that civilized nations 
 settle their disputes, and agree upon the terms of peace 
 fit the close of a war. Commercial intercourse between 
 nations is sometimes regulated by treaty. The terms of 
 a treaty are agreed on by the ministers of each party, 
 who put their agreement in Avriting ; two copies of v.hich 
 are made, signed and sealed ; and one of them is sent to 
 each of the respective sovereigns, by whom the contract 
 is either ratified or rejected. BotlV parties must ratify, or 
 there is no treaty. 
 
 134. In a monarchical government, the power of rati- 
 fying and rejecting treaties is exercised by the king. In 
 the United States, the power of making treaties is confided 
 
 i ?d? 193. From what ari=;es thsnec^ssin'-of t-he pardoninsr power? 
 ti-jw is this power limited? 193. What'is a ;'?-e«i5//? Whai. matters 
 ars regyjated by tiv-.ty? How are ireaUes made? 194. lu whom
 
 BS GOVERNMENT OF THE V. STATES. Part IIT, 
 
 tp the president and senate. As treaties are the supreme 
 law of the land, this power is considered bj' some as 
 more properly belonging to the legislature in a free gov- 
 ernment. But as secrecy and despatch in negotiations 
 may become necessary, in order to take advantage of a 
 sudden and favorable turn of public afiairs, this power is 
 properly conlided to the executive. And yet, to place 
 without liniitatiun, in the hands of the president alone, sq 
 important a power, was not deemed altogether safe. The 
 senate was therefore properly associated with the presi- 
 dent in the exercise of this power. Its members are easily 
 assembled, and are generally governed by steady, system- 
 atic views, and a due regard for national character, and 
 act with promptitude and firmness. 
 
 195. The president nominates, and by and with the 
 advice and consent of the senate, appoints an»bassadors, 
 other, public ministers, and consuls, judges of supreme 
 court, and ail other officers of the United States, whose 
 appointments are not in the constitution provided for, anU 
 which shall be established by law. But congress may, 
 b}'' lavv, vest the appointment of such inferior officers a;5 
 it thinks proper, in the president alone, in the courts of 
 law, or in the heads of departinenis. 
 
 196. The appointment of subordinate officers of the 
 government, coticerned in the administration of the laws, 
 belongs with groat propriety to the president, who is in 
 a measure responsible for thy iailiiful execution of ifie 
 laws. The association of the senate with the president 
 in the exercise of this power, affords a salutary check 
 upon the misinformation or errors of the president, whilst 
 it does not materially lessen his responsibility, or his 
 liability to the public censure or approbation ; as he still 
 retains the right of selection and nomination, and as the 
 senate seldom rejects a nomination, unless it be highly 
 exceptionable. . . 
 
 is this power vested in t)ie United States? For v.iiat reasons is the 
 senate, more properly than the honse, associated with the president I 
 W.'). How are exec uli v^e priicers nominated and appointed"? 19ti. 
 Wiiy are the advice and consent of the senate deemed esaentiaU
 
 Chap. VTl. POWERS of the president. f-9 
 
 197, The president has power to fill up all vacancies 
 that happen during the recess of the senate, by granting 
 commissions which shall expire at the end of its next 
 session. This power i&«;ssential to prevent the inconve- 
 nience, and that deiriment to the public interest, which 
 might be occasioned by vacancies in office. But the 
 same reasons fvr which the senate is made a part of the 
 aj^pointing power, require that com.missions granted by 
 the president should not extend beyond the close of th'e 
 next session of the senate. Without this restriction upon 
 the power to fill vacancies, the president might continue 
 men in office at his own pleasure, for an unlimited period, 
 howsoever incompetent or unfaithful they might be. 
 
 198. Vacancies that happen, are those which occur 
 from death, resignation, promotion or removal ; and the 
 power has been questioned of appointing ambassadors to 
 foreign nations, during the recess of the senate, where no 
 such appointme.nts had before been made ; as, in that case, 
 no vacancy would have happened. And if the senate be 
 in session when a new office is created by law, and a 
 nomination be not then made by the president, it is sup- 
 posed he cannot appoint to such oiHce during the recess, 
 as the vacancy does not then happen. 
 
 193, The power of the president to remove an executive 
 officer has also been questioned, as no such power is ex- 
 pressly authorized by the constitution; but as it does not 
 declare that any but judicial otiices may be held during 
 aood behavior, it is presumed that others are held during 
 ihe pleasure of the appointing power, 
 
 200. The president is required, from time to time, to 
 give to congress information of the state of the union ; 
 and to recommend to its consideration such measures as 
 he shall judge necessary and expedient. He delivers to 
 congress annually, at the opening of every session, a 
 message, giving information relative to the state of the 
 union, its internal affairs, and its relations with foreign 
 
 107, What power has the president in filling np vacancies? 198. 
 What are vacancies that happen? 199. May the president re???^;^ 
 an executive officer? From what is this power inferred? 200, What
 
 \)0 GOVERNMENT OF THE V. STATES. Part III. 
 
 powers. He also recommends to congress the adoption 
 of such measures as the public good may be supposed to 
 requi''e. Special messages are also communicated to 
 congress, fiom time to time, on subjects as they arise, or 
 in obedience to calls of congress for information. 
 
 201. The president may, on extraordinary occasions, 
 convene both houses, or either of them; and, in case of 
 disagreement between them, with respect to the lime of 
 adjournment, he may adjourn them to such time as he 
 shall think proper. He is required to receive ambassa- 
 dors and other public ministers : to take care that the 
 laws be faithfully executed; and to commission all the 
 otficers of the United States. The propriety of commit- 
 ting these simple duties to the president, is self-evident : 
 they are in their nature duties that pertain to the execu- 
 tive department of the government. 
 
 202. The trusts committed to the president are various 
 and important ; and their proper or improper exercise 
 must have a sensible etfect, either for good or for evil, 
 upon the general welfare. In view of the magnitude of 
 the executive trust, the constitution has made liberal pro- 
 vision to prevent its abuse: first, in the mode of the 
 president's appointmient ; which seems to afford a suffi- 
 cient safeguard against the election of incompetent men, 
 as well as against the successful employment oi undue 
 means to procure an election: secondly, by the limitation 
 of office ; he being made subject to removal at the end of 
 four years : thirdly, by the precise and definite limitations 
 of his power: and lastly, by providing for his removal 
 from office, by impeachment, at any time, for misdemean- 
 or or maladministration. 
 
 203. But to all these safeguards and restrictions, should 
 be superadded unremitting watchfulness on the part of 
 the people. No barriers which the constitution interpo- 
 ses, nor all the restraints which have been, or that can be, 
 
 does the pre^ident^•< message contain"? What is a special message? 
 '201. What o lier duties are reciuired of the pre.sidcm? 202. By 
 wlial provision.'i inthecon>litiilion, is the abuse of executive power 
 gt.arJed agaiiidt? 203. WLai luriher safeguard is necessary?
 
 f 'hap. VIII. STATE DEPARTMENT. 9! 
 
 imposed by law, will be sufficient to protect the liberties 
 of the people, if the public eye cease its supervision of 
 the conduct of those entrusted with the exercise of the 
 powers of government; and if the sovereign people be 
 not disposed to call those to account who abuse the trusts 
 confided to them. 
 
 CHAPTER VIII. 
 
 Executive Auxiliaries — Department of State — of the 
 Treasury — of War — of the Navy — Attorney General — 
 Executive OJicers Abroad. 
 
 204. To aid the president in the administration of the 
 government and laws of the United States, the following 
 departments have been established, viz: Ttie departments 
 state, of the treasury, of war, of the navy, of the post 
 office : the officers of these departments, togeiher with 
 the attorney general, form the principal home ministers 
 of the executive, and constitute what is called the cabinet. 
 The foreign ministers, and agents of a permanent char- 
 acter, are ambassadors, charges des aflirires, and consuls. 
 
 205. Department of State. This department existed 
 for many years before the adoption of the constitution. 
 It was called the " department of foreign ai^airs," and 
 the chief officer was entitled " the secretary of the depart- 
 ment of foreign affairs." By the act of 1789, it was 
 denominated "the department of state;" and the principal 
 officer therein, vf'.the secretary of state;" Avho performs 
 such duties as are committed to him by the president, rel- 
 ative to foreign intercourse, and to public ministers and 
 consuls ; or to negotiations with foreign powers, to 
 memorials arid other applications from foreign ministers 
 
 201. What auxiliary departments liave been e.'itablislied to aid in 
 the administratioi) of the governmenll What are the heads of 
 these departments called] 205. What are the duties uf secretary
 
 92 GOVERNMENT OF THE U. STATES. Part III. 
 
 or other foreigners; or to such other matters as shall be 
 assigned to his department b}- tlie president of the United 
 States. As the official opinions of the executive are 
 expressed, in all diplomatic intercourse, through this 
 officer, he is sometimes called, the diplomatic agent. 
 Diplomacy means the power of negotiation ; or, the cus- 
 toms, rules and privileges of ambassadors, or other rep- 
 resentatives at foreign courts. 
 
 206. The secretary of state keeps the seal of the. 
 United States; he makes ont records and seals all civil 
 commissions to officers appointed by the president, by and 
 with the advice and consent of the senate, or by the 
 president. He causes the laws, and all treaties ratified 
 by the United States, after their passage, to be published 
 in the newspapers designated for that purpose, not excee- 
 ding three in each state and territory. He causes to he 
 published, at the close of every session, eleven thousand 
 copies of the acts of congress, and to be distributed amorsg 
 the officers of the general government, and among the s<'v- 
 eral states. There are many duties of a similar nature 
 which devolve upon this officer. The patent office is 
 connected with this department. The secretary of state 
 employs a chief clerk, and a number of subordinate 
 clerks, whose compensation is fixed by law. The salary 
 of the secretary of state is $6000 a year. 
 
 207. Departme?if of the Trea,sury. This department 
 existed, uncier different forms, during the confederation, 
 and for many years after the adoption of the constitution. 
 It received its present organization, by the a^-t of March, 
 1817. The officers of this department are, a secretary, 
 who is the head of the department, two comptrollers, five 
 auditors, a treasurer, a register, a commissioner of the 
 land office ; each of whom is allowed one chief clerk, 
 and such additional clerks as the business of their respec- 
 tive offices renders necessary. 
 
 of state"? What is diplomaaj? 206. What other duties does this 
 officer perform'! What is his salary? 207. What are the ofKcers 
 of the treasury department? 208. What are the duties of the sec-
 
 Chap. VlII. TREASURY DEPARTMENT. 93 
 
 203. The secretary of the treasury prepares, and lays 
 before congress, at the commencement of every session, a 
 report of the finances, containing- a statement of the pub- 
 lic revenue and expenditure during the past year, the 
 value of the imports and exports for the same period, and 
 estimates of the revenue and expenditures for succeeding 
 years, and plans for improving the revenues. He als o 
 inakes, annually, a statement of appropriations of money, 
 and of sums remaining in the treasury: he superintends 
 the collection of the revenue, and provides for building 
 and keeping in repair, the light houses, beacons, buoys, 
 and public piers in the several states ; and performs such 
 other duties as appertain to his office. His salary is 
 $6000 a year. 
 
 209. The business of the comptrollers and auditors, 
 relates chiefly to examinmg and settling the public ac- 
 counts, and to the recovery of debts due to the United 
 States. The treasurer receives and keeps the money of 
 tlie United States, and pays out the same on warrants 
 drawn by the secretary of the treasury ; and on the third 
 day of every session, lays before congress copies of all 
 accounts settled with the comptroller, and a true account 
 of the state of the treasury. The register annually pre- 
 pares statistical accounts of the commerce of the United 
 Stales with foreign countries, for the preceding year, to 
 he laid by the secretary of the treasury before congress 
 at every session. Such accounts state the goods imported 
 and exported, and the navigation employed in the foreign 
 trade. The commissioner of the land office superintends 
 and performs such acts as relate to lands patented or 
 crranted by the United States. No person holding an 
 oifice in this branch of the department, is allowed to ha^^e 
 any interest in the purchase of any public land ; nor may 
 he take any fee or emolument for negotiating or trans- 
 acting the business of the office, other than his salary. 
 
 retaryof the treasury? What istheamountof hissalary? 209. What 
 are the duties of the subordinate treasury officers respectively t 
 What restriction is imposed upon the officers of the land office.'
 
 94 GOVERNMENT OF THE U. STATES. Part til, 
 
 210. The laws regulating the treasury department 
 prescribe tho manner of keeping, settling and collecting 
 the public a -counts. In cases of insolvency, debts due 
 the IJnited States on revenue bonds, must be first satisfied. 
 The United States cannot be sued. A creditor who is 
 refused payment, must apply to congress. 
 
 211. Department of War. The secretary of war 
 performs such duties as relate to military commissions, 
 or to the laud forces, and warlike stores of the United 
 States ; or to such other matters respecting military or 
 Indian affairs, as shall be assigned to his department. 
 He is required to make an annual statement to congress 
 of the expenditure and application of moneys drawn from 
 the treasurjr for his department, and to make^ such sug- 
 gestions to congress relative to the condition of his de- 
 partment, as he shall think proper. His salary is $6,000 
 a year. 
 
 212. In this department, is transacted the business re- 
 lating to military pensions. A pension is a yearly allow- 
 ance to a person by the government, in consideration of 
 past services. Laws have existed, from the first organi- 
 zation of the government, granting pensions to persons 
 disabled in the war of the revolution, in such manner as 
 to render them unable to procure a subsistence by manual 
 labor. After the close of the late war, persons were 
 added to the pension list, who had been disabled by 
 wounds while in the service during the late war. Pen- 
 sions were also allowed, by act of 1818, to all the solders 
 of the revoliition, who had served nine months or longt-r 
 in such war, and who were in necessitous circumstances. 
 By act of 7th June, 1832. the pension list was so extend- 
 ed as to include ail vvlio had served in the army or navv. 
 during tiie war of the revolution, for six months at 
 least. . . 
 
 <PTBd isig ajt? .loiqap inanin.iaAoS ni3Ap«m ub jo -siqap it?t^^ 015 
 211. What are ihe duties of the secretary of war? What is bis 
 Siilary? 212. Wliai u.hcr buoiuei.s is done in ihi.s depart men i ? 
 What is a peni>ioa? To what classes of persons were pensions 
 confined before 1832? To w hat class were they then extended?
 
 Chap. VIII. EXECUTIVE MINISTERS ABllOAD, 95 
 
 213. Department of the Naui/. The secretary of the 
 navy executes the orders of the presit.ent, relative to the 
 procurement of naval stores and materials, and the arma- 
 ment, equipment and employment of vessels of war, as 
 wfell as all other matters relating to the naval establish- 
 ment. His salary is $6000 a year. 
 
 214. Three officers are appointed by the president and 
 senate, who constitute a board of commissioners foY the 
 navy, and who discharge the ministerial duties of the 
 office of the secretary, and furnish all estimates of ex- 
 penditures which the several branches of the service may 
 require. Their salaries are t-3500 a year, each. 
 
 215. Attorney General. The act of 24th September, 
 1789, provides for the appointment of a nieet person, 
 learned in the law, to act as attorney general of the Uni- 
 ted States, who shall be sworn to a faithful execution of 
 his office. His duty is to prosecute and conduct all suits 
 in the supreme court, in which the United States shall 
 be concerned, and give his advice upon questions of law, 
 when required by the president, or when requested by 
 the heads of any of the departments. His salary is $3500 
 a year. 
 
 216. Executive Oj/icers Abroad. It is the practice ot 
 each civilized nation, to send one of its citizens, in time 
 of peace, to reside at the seat of government in other na- 
 tions. A person thus sent, is sometimes called ambassa- 
 dor ' Ambassadors are either ordinary, or extraordinary. 
 An ambassador extraordinary, is a person sent on som.e 
 particular occasion, and who retires as soon as the affair 
 on which he was sent is despatched. An ambassador 
 in ordina.ry, is one who constantly resides at a foreign 
 court, to maintain a good understanding, and to look to 
 the interests of his prince or nation. 
 
 217. The agent sent by the United States to reside at a 
 foreign court, is generally called minister. He is the 
 
 213. What are the duties of the secretary of the navy? IV hat is 
 his salary? 214. What i.* the duty of the navj commisKioners.'' 
 What afc their salaries'? 215. What are the duties of the attorr r>- 
 geuejai! VViiai is his salary.' 2ltij 217. Wh'di a-icand^aatadvii.^
 
 96 GOVERNMENT OF THE TJ. STATES. Part Ul- 
 
 representative of the government to which he belongs; 
 and his duties depend on the instructions given him. 
 Ministers of the United States are allowed $9000 a year 
 for their personal services and -expenses. A charge drx 
 a f aires, (French,) meaning charo-e of affairs, is an agent 
 of the United States, of an inferior grade, sent abroad, 
 charged with the management of the affairs of his nation. 
 He is allowed for his services and expenses; t45U0 a 
 year. But the president niay allow to a minister or 
 charge des affaires, on going out of the United States, in 
 addition to his salary, an outfit, equal in amount to one 
 year's full salary. 
 
 218. Cort.svh are commercial agents residing in foreign 
 seaports. Their duties are various. They receive the 
 protests or declarations which captains, passengers, and 
 merchants, citizens of the United Slates, m<ay make there. 
 They dispose of the personal estate ieit by citizens of the 
 United States, who die within their consulates, leaving no 
 legal representative, or partner in trade, to take care of 
 their efiects. They receive the registers, sea letters, or 
 passports, of masters of United States' vessels arriving 
 at the port \vhere they reside. Their l>usin<>?s is to ren- 
 der any assistance which inerchanto or ship masters of 
 their own country may need ; and they grant all certifi- 
 cates required by commercial regaiations, or by treaty, 
 (-'onsuis are cither paid a salary, or depend on fees fixed 
 by law, for each of the several duties they are required 
 to perform. 
 
 Where do tliev reside? Wliat are their diitio^? What are tlie names 
 of the difterent foreii^n a?ent.»; of the Umted Htales? VVhiit arefJie 
 (Ivities of a mmisier? Ol a charges des ariaire.s? What are ihcir 
 rerijieotive salaries? 218. Wiiai are the dunes of a coubUiV Wuat 
 is his salary?
 
 Oh&p. IX OF THE JODICIAL POWEE. 97 
 
 CHAPTER IX. 
 
 Of the Judicial Poioer. 
 
 219. The judicial power is that branch ol the govern- 
 aient, to which the administration of justice, and tho 
 interpretation of the constitution and the laws, are en- 
 trusted; and no government can be complete, without 
 ■ouch a distinct and independent department. Without 
 this power, a constitution could not be carried into effect; 
 and yet, to vest the power of interpreting and applying 
 the laws, together with the power of making and execu- 
 ting them, in a single man, or body of men, Avould con- 
 stitute an absolute despotism, subject to no restraint but 
 that of brute forcR. 
 
 220. The constitution declares, that "the judicial power 
 of the United States shall be vested in one supreme court, 
 and in such inferior courts, as congress may, from time 
 to lime, ordain and establish. The judges both of the 
 supreme and inferior courts, gha! I hold their offices during 
 good behavior ; and shall, at stated times, receive for their 
 services a compensation, which shall not be diminished 
 during their continuance in office." 
 
 221. In organizing the judicial department, it was 
 deemed of the first importance to render the judges inde- 
 pendent. To secure this object, provision has been made, 
 '(1,) in the mode prescribed in the constitution for their 
 ■appointment. To fulfil the duties of the judicial office, 
 men should be selected of the most inflexible justice, who 
 <-ould not be swerved from a faithful discharge of their 
 duties, by considerations of fear or fiivor. But as the 
 ■qualities requisite for this office are not the most popular, 
 ■men possessing these qualities, would probably too often 
 
 219. What is meant hj the judicial povjcr of ilie. govbrnmentt 
 V/hy IS this power necessary? ' 220. Wherein is the supreme court 
 Tested! WJiat are the constitutional provisions for the term of 
 •ollice, anil compensation, of the judges? 221. What is pariicularl/ 
 amporiant in consliiuliiig a judiciary ? What provisions are xqaAq 
 
 G
 
 98 GOVERNMENT OF THE U. STATES, Part III 
 
 fail to secure an election resting on universal suffrage.. 
 Their appointment was therefore vested in the executive 
 and the senate. The independence of the judges is se- 
 cured, (2.) by the duration of their offices; which is, in 
 effect, for lile, unless sooner removed on impeachment for 
 official delinquency. This is esteemed one of the most 
 valuable of modern improvements in the practice of gov- 
 ernment. And (3.) the permanent provision for their 
 support is calculated to secure an independent judiciary. 
 Without such a provision, the fittest and most learned 
 men would not relinquish lucrative professional pursuits, 
 for a station in the government, for the labors of which a 
 liberal and permanent compensation was not provided. 
 
 22.2. To ensure a just performance of their duties, they 
 are made amenable for any corrupt violation of their trust; 
 and, on impeachment, they may be removed from office, 
 and disqualified from holding any office whatever, und«r 
 the government of the United States. 
 
 223. The judicial power extends to all c^ses in law 
 and equity, arising under the constitution, the laws of the 
 United States, and treaties made under their authority ; 
 to all cases affecting ambassadors, other public ministers 
 and consuls; to all cases of admiralty and maritimejuris- 
 diction; to controversies to which tl^e United States is 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 slates ; and 
 between a state, or the citizens thereof, and foreign states, 
 citizens, or subjects. 
 
 224. The propriety and fitness of these judicial powers, 
 seem to result, as a necessity, from the union of the states 
 in one national government; for without them, a govern- 
 ment could not long exist. They ar^- made to extend "to 
 all cases arising under the constit'.icn,'' because the 
 
 by tha constitmion, to secure the indeperid; i', :' ofthe judges? Whn,( 
 is the amjunt of their salaries? 222. Wha; prevision is made io 
 ensure a just performance of their duties ( 223. To what cases 
 does the judicial power extend? 234. Why might act the staU»
 
 Chap. IX. OF THE JUDtCIAL POWER. 99 
 
 meaning and operation of a compact ought always to be 
 ascertained by an authority derived from all the parties, 
 and not from an authority derived from any one of them. 
 The cases here enumerated, are evidently of national 
 concern ; and the exercise of the judicial power by any 
 one of the parties, would produce confusion and mutual 
 dissatisfaction, and disturb the peace of the union. 
 
 225. The organization of the judiciary was provided 
 for by the judiciary act of 24th September, 1789. By 
 this act were constituted, the supreme court, and courts 
 of inferior grade, called circuit courts, and district courts. 
 
 226. The suprejiie court consists of a chief justice, and 
 six associate justices, any four of whom are a quorum. 
 This court holds annually, at the city of Washington, 
 one session, commencing on the second Monday of 
 January. The session visually continues about eight 
 weeks. 
 
 227. The constitution provides that, in all cases affect- 
 mg ambassadors, other public ministers, and consuls, and 
 ihose in which a slate shall be a party, the supreme court 
 shall have original jurisdiction. In all other cases 
 before mentioned, the supreme court shall have appellate 
 jurisdiction, both as to law and fact, with such excep- 
 tions, and under such regulations, as the cosfeess shall 
 make. ■^'[\ 
 
 228. By original jurisdiction in any c?.se,itt'is ineant,,, 
 that such case may originate, or commence, and be tried.; 
 in this court. If a case has been first tried in an inferior* 
 court, and a party be not satisfied with the decision of the 
 court, such party may appeal to the supreme court for 
 trial. In such trial, this court is said to have appellate 
 jurisdiction. The grant of original jurisdiction to this 
 court does not imply, however, that it has exclusive jnns- 
 diction. It has original jurisdiction in no other cases 
 than those mentioned in the constitution. Its principal 
 
 courts exercise these powers? 225. When was the judiciary organ- 
 ized? 22S. Of what officers is the supreme court composed? Where 
 and when is its annual session held? 227. In what ca^es has this 
 eourt jurisdiction? 228. What is meant by on^rao^ jurisdiclicn^
 
 100 GOVERNMENT OF THE U. STATES, Part III. 
 
 business is to re-judge cases that are brought irom this 
 «ircuit courts. 
 
 229. When the constitution or laws of the United 
 Stales come in question, in the highest court in a state, 
 and are there judged of, a writ of error may be brought, 
 whereby a case is transferred to the supreme court ; and 
 the decision of the state court may be approved or rever- 
 sed. This provision is an essential one, that the consti- 
 tution and laws of the union may be finally judged of by 
 one tribunal, and that there may not be discordant judg- 
 ments in like matters. By v/rit of error, nothing is 
 removed for re-examintion but the law in the case ; by 
 appeal, the whole cause is entirely removed, and all the 
 facts are submitted for a re-hearing. 
 
 230. The United States are divided into seven circuits, 
 in each of which, two courts are annually held. A 
 circuit court is composed of the judge of the supreme 
 court, residing within such circuit, and the judge of the 
 district wherein the court is held. The seven judges of 
 {he supreme court are so located as to bring one of them 
 in each of the several circuits. 
 
 231. This court tries causes between citizens of differ- 
 ent states, between aliens and citizens, and those wherein 
 the United "States Is a party. It also tries some cases in 
 appeal from the district courts. It sits in four different 
 capacities: (I.) as a court of common law; (2.) as a court 
 of equity, otherwise termed a court of chancery, in which 
 there is" no trial by jury ; but the one party slates his 
 complaint in a bill of equity, and the other defends in a 
 written answer. This is one of the few cases in the ad- 
 ministration of justice, wherein what a party says for 
 himself is evidence : (3.) as a maritime court, trying mat- 
 ters relating to aftairs on the high seas. In time of war 
 
 By ap'iKUate jurisdiction? What is ctcZmsiw jurisdiction'? 229. How 
 are cases removed 10 this couri? What isthe difibrence between 
 cases remjved by writ of error, and those removed by api)eal? 
 230. Into how manv circuii districts are the United S:ates divided? 
 How are the cii <:\ni court.; constituted? 231. What ca-^es are tried 
 in this court? In what difierent capacities does thii court sit? What
 
 Chap. IX. OF THE JUDICIAL POWBll. 101 
 
 it tries all cases of prizes on appeal from district courts^ 
 and condemns the property captured: and (4.) as a court 
 for the punishment of crimes against the laws of the 
 United States. It has a gfrand jury and a petit jury. It 
 tries all felonies punishable with death, as murders in forts 
 and arsenals, and other territory ceded by the states to the 
 United States for national uses, and on board ships of 
 war in time of peace, and when not within the body of a 
 county, or within a harbor. 
 
 23".^. Dlstrici coiijTts are the lowest national courts in the 
 United States. Every state in the union, constitutes at 
 least one district: in a few of the larger states, there are 
 two. In each of these there is a district judge. His 
 powers relate to cases arising under the laws made for 
 the collection of duties, to seizures of goods, to penalties 
 and forfeitures under the laws of the United States, to 
 matters in which aliens and foreign consuls are parties; 
 and to crimes of inferior grade against the laws of the 
 United States, whether on land or sea. In every district 
 there is a di<^trict attorney, who institutes and conducts 
 suits for ths U.iited States; and a ma,rshcbl, whose duty 
 is similar to that of a sheriff These courts hold annu- 
 ally four stated terms. 
 
 233. The constitution, and the laws of the United 
 States, made in pursuance thereof, and all treaties made, 
 or which shall be made under the authority of the United 
 States, are declared by the constitution, to be the supreme 
 law of the land ; and the judges in every state are bouivl 
 thereby, any thing in the constitution or laws of any state 
 to the contrary notwithstanding. 
 
 234. This declaration seemed necessary to remove all 
 doubt or ground of dispute, as to the superiority of the 
 constitution and laws, and treaties of the United States, 
 when they should be found to interfere with those of any 
 state; and it necessarily belongs to the judicial power, 
 
 is an equity court? What is a maritime conxi'\ 232. How are dis- 
 trict courts conslituie !? What cases are tried by the district jtidgesl 
 What olher officers are appointed in the several districts? 233. W hat 
 4oo3 the constituiion decla-re respecting its supremacy? 234. Why
 
 102 GOVERNMENT OF THE V. STATES. Part III. 
 
 whenever a case arises judicially, to determine what is 
 the supreme law of the land. The determination of the 
 supreme court must be final and conclusive, as the power 
 is given to that tribunal to decide in all cases, and a« 
 there is no appeal from its decision. 
 
 CHAPTER X 
 
 Powers of Congress. — Revenue — Taxes, Duties, <SfC. 
 
 235. By revenue is understood the annual income of a 
 nation, or those contributions to its treasury which are 
 levied to defray the expenses of government. The 
 money required for this purpose is usually raised by tax- 
 ation. The constitution therefore authorizes congress 
 " to lay and collect taxes, duties, imposts and excises, to 
 pay the debts, and provide for the common defence and 
 general welfare." It was necessary that congress should 
 possess this power, as no government can be supported 
 without the means of procuring an adequate supply of 
 revenue. 
 
 236. Taxes are that portion of the property of its sub- 
 jects, which a government exacts from them to supply 
 the public necessities. These are called direct taxes, and 
 are either taxes on land, or capitation or poll taxes. The 
 treasury of the United States has been several times sup- 
 plied by tax on landed propert3^ But it is many years 
 since direct taxes were resorted to. The income derived 
 from duties on importations, from the sales of public lands, 
 and from the post oflice, has proved sufficient to pay all 
 the charges of the government, and to diminish rapidly 
 the public debt. 
 
 •was this declaration necessarj'? To -what tribunal are quest ions 
 submitted lor final decision? 
 
 235. What is rerennr.? What branch of the government has pow- 
 er to raise revenue? 236. What aretozcs? From what sources is the
 
 Chap. X. OF THE REVENUE. 103 
 
 237. Duties on imported goods, iiowever, constitute the 
 chief portion of the revenue. They are called indirect 
 taxes, because they are not directly levied upon property, 
 but they merely affect the expense or consumption of 
 goods. Duties, customs, excises and imposts, are words 
 of nearly the same meaning. They are laid on imports 
 and tonnage. 
 
 238. Imports are articles brought into a country from a 
 foreign place. A dut7/ on imports is not merely a tax on 
 the act of importation, but an impost on the article impor- 
 ted. Duties are either specific or ad valorem. A specifis 
 duty is a tax of a certain, specified amount, laid upon an 
 article by weight or measure, or in the gross. Thus, a 
 duty of ten cents on a pound of tea, or fifty cents on a 
 yard of cloth, is called a specific duty. Ad valorem, is 
 a Latin phrase, signifying according to the value. Ad 
 valorem duties are therefore such as bear a certain pro- 
 portion to the value of the goods. A duty of fifty per 
 cent., that is, at the rate of fifty cents on every dollar, or 
 fifty dollars on every hundred dollars, of the cost or esti- 
 mated value of goods, is an ad valorem duty. Thus, if 
 a yard of cloth, valued at one dollar, were subject to a 
 duty of fifty per cent., such duty would be fifty cents a 
 yard ; if the value of the cloth we-re two dollars, the duty 
 at the same. rate would be one dollar a yard, the amount 
 of duty on the yard varying according to the value of the 
 article. 
 
 239. Tonnage is the amount of goods that a ship will 
 carry ; the contents or burthen of a ship ; or the amount 
 of weight she may carry. The duty charged on ships 
 according to their burthen, or the number of ions at 
 which they are rated, is called tonnage duty. These 
 duties are usually fixed by congress. 
 
 240. By acts of 1790 and 1817, vessels of the United 
 States, when entered in the United States from a foreign 
 port or place, are made subject to a duty of six cents a 
 
 revenue derived? 237. What are duties? On what are they laidt 
 S38. What are imports? What is a specific duty? What e^re ad va- 
 lurem daUes? 23 J. V/hat is meant by tonnage? Tonnage dniyl
 
 104 GOVERNBrENT OF THE I'. STATES. Part UL 
 
 ton; but if the officers, and two thirds at least of the crew 
 of a vessel, be not citizens of the United States, there shall 
 be paid on such vessel fifty cents a ton. On every such 
 vessel, entered in a district in one state, from a district in 
 another state, the duty is six cents; but unless three 
 fourths of the crew be American citizens, fifty cents a ton 
 shall be paid. But the law imposes a higher duty on 
 foreign than on American vessels. The above acts pro- 
 vide that on vessels built within the United States, but 
 which belong wholly or in part to subjects of foreign 
 powers, a duty of thirty cents a ton shall be paid ; on 
 other vessels, fifty cents a ton. On foreign vessels, entered 
 in the United States from a foreign port at which Ameri- 
 can vessels are not ordinarily permitted to trade, there 
 shall be paid a duty of two dollars a ton. Duties imposed 
 on the tonnage of vessels, must in all cases be paid to the 
 collector at the time of making entry, and before any 
 goods m_ay be unladen. 
 
 241. A drawback is an allovvanec made to importing 
 merchants on the re-exportation of certain goods. This 
 allowance consists either of the whole or a part of the 
 duties which had been paid upon the importation. In 
 England, the practice prevails, to some extent, of allowing 
 the merchant who imports a commodity which he may 
 wish to export again, to deposit it in the public warehou- 
 ses, giving a bond (or the payment of the duties should 
 he dispose of it for home consumption. This is called 
 bonding. In the United States, a drawback is allowed on 
 all such goods as shall be reexported to a foreign place, 
 v/ithin twelve months after the duties on the importation 
 shall have been paid, or security given for the payment 
 of the Sams: provided the exportation be made by the 
 sea, in vessels of not less than thirty tons burthen. 
 
 242 No drawback may be allowed on goods, unle.ss 
 the duties thereon amount to fifty dollars, nor unless they 
 
 2t0. Wiia! is the amount of duty per ton, on foreign and domestic 
 toiiiiage, rcspec.i .'ely! 241. What is raea,n\. by drau-brrdc? What 
 
 Eracac3 [irevails in England? 2'13. In what ca-ses only are di&w- 
 acks allowed. What is a debenture?
 
 Chap. XI. OF THE RKVENCB, !0§- 
 
 be exported in the original packages in which they wera 
 imported. For all goods entitled to drawback, the ex- 
 porter receives from the collector a debenture for the 
 amount of the drawback to which the goods are entitled. 
 A debenture is a certificate stating the sum due to the 
 exporter for the drawback of duties. It is made payable 
 at the time when the duties on the goods shall become 
 due ; and the collector shall discharge the debenture out 
 of the products of the duties arising on the importaiiua. 
 of the goods. 
 
 CHAPTER XI. 
 
 Revenue — continued. — Collection of the Customs. 
 
 243. For the collection of customs, there is appointed m 
 every district of the United States, a collector, whose duty 
 it is to receive, at the port within his district, all reports, 
 manifests and documents to be made or exhibited on the 
 entry of any vessel, to record all manifests, and to receive 
 the entries of all vessels, and the goods imported in them. 
 He is also required to estimate the duties, to receive all 
 moneys paid for duties, and to take bonds for securing the 
 payment thereof He grants all permits for the unlading 
 and delivery of goods ; and, with the approbation of th» 
 principal officer of the treasury, he employs proper per- 
 sons as weighers, measurers, gangers and inspectors at 
 the several ports within his district, and provides store- 
 houses, scales, weights and measures. 
 
 244. There are appointed, at ports where it may b« 
 necessary, also a naval officer and surveyor. It is the 
 duty of a naval officer to receive copies of all manifests 
 and entries, and, with the collector, to estimate the dutie« 
 
 243. What are tbr; duties of a collector of the customs? ?41 
 What axe the duties requiretl of a naval ofhcerl Of a survaycwt
 
 106 GOVERNMENT OF THE U. STATES, Part III, 
 
 on goods, and to keep a record thereof. He countersign* 
 all permits, certificates, clearances, debentures, and other 
 documents granted by the collector; examines the collec- 
 tor's abstracts of duties, and other accounts of receipts, 
 bonds and expenditures; and, if found correct, he certifies 
 them. The surveyor superintends and directs the inspec- 
 tors, weighers, measurers and gangers within his port. 
 He visits and inspects the vessels that arrive, and makes a 
 return in writing, every morning to the collector of vessels 
 arrived the preceding day. He is in all cases subject to 
 the direction of the collector. 
 
 245. In each of the ports at Boston, New York, Phil- 
 adelphia, Baltimore, Charleston, Savannah and New 
 Orleans, two appraisers are appointed, to inspect and ap- 
 praise such goods as the collector may direct, and whenever 
 that duty shall be required by any acts relative to imports 
 and tonnage. 
 
 246. The collector, naval officer, surveyor and apprais- 
 ers, are appointed by the president and senate ; all of 
 vsfhom but the last named are required to give bonds, with 
 sureties, for the faithful performance of their duties. 
 
 247. The compensation of appraisers is $1500 a year, 
 each; excepting those for the port of New York, who 
 receive $2000 each. The collectors, naval ofiicers and 
 surveyors receive specific fees for the several acts and 
 duties they perform. But whenever the emoluments of 
 a collector of the ports above named exceed four thousand 
 dollars a year, of a naA-al officer three thousand dollars, 
 and of a surveyor two thousand five hundred dollars, 
 besides the necessary expenses incident to their offices, 
 the excess shall be paid into the treasury of the United 
 States. And whenever the emoluments of any other 
 collector exceed three thousand dollars, of any other naval 
 officer two thousand five hundred dollars, or of any other 
 surveyor two thousand dollars a year, besides expenses, 
 the excess is paid into the treasury. 
 
 S-i-S. In what ports are appraisers appointed? What aro. their dutiesT 
 2-J'). IIow are officers of "the custoriis appointed? 247. What is theii
 
 Chap. XI. OF THE REVENUE. 107 
 
 248. The master or captain of every vessel belong-ing- 
 to citizens of tlie United States, in which goods are im- 
 ported, shall have on board a manifest, which is a writing 
 signed by himself, stating the name of the place where 
 the goods were taken on board, and of the place to which 
 they are consigned ; the name, description and tonnage 
 of the vessel, and the place to which she belongs ; the 
 name of each owner and her master ; with a particular 
 account of all the goods on board. It contains also the 
 names of the persons diat send the goods, who are called 
 conxignors, and the names of the persons to Avhom the 
 goods are sent, who are called coRsignees. After the 
 report of the master of the vessel to the collector is made, 
 the owner or consignee of the goods makes an entry of 
 the same, in writing, with the collector, specifying the 
 names of the vessel and master, the place whence the 
 goods were imported, the marks, numbers, denomination 
 and prime cost of the same ; and swearing to the truth 
 of his statement, and its conformity to the manifest. 
 When the amount of duties is ascertained, the consignees 
 pay the same, or give bonds with sureties for the payment 
 of them, at a certain time afterwards. The collector then 
 grants a written permit for the unloading and delivery of 
 the goods. 
 
 219. To secure the collection of duties, congress has 
 made provision, by the imposition of heavy fines and pen- 
 alties for the violation of the revenue laws, and by au- 
 thorizingofficers of the customs to seize and search vessels 
 that may be suspected to contain goods subject to duty, 
 the payment of which is designed to be evaded. The 
 getting of goods on shore secretly, without paying the 
 duties, is called smuggling. In cases of smuggling, and 
 in some other cases of frauds on the customs, all the goods 
 are forfeited, and become the property of the United 
 States. 
 
 compensaiion? 248. What is a manifest? Who are consignors? 
 Who are consignees? Wliat is an cnlrij? A permit? 249. What pro- 
 visions are made forserurinj< the collection of the revenue? What 
 u> smuggling? 250. What further provision is made for securing
 
 108 GOVERNMENT OF THE U. STATE8, Part IFI- 
 
 250. Further provision has been made to collect th« 
 duties, by authorizing the president to cause to be built 
 and equipped so many revenue cutters, not exceeding 
 twelve, as may be necessary to protect the rex-enue. A 
 revenue cuMp.r is a small, fist sailing vessel used for ap- 
 prehending smugglers, and for boarding vessels supposed 
 to contain contraband good^. The collectors of the res- 
 pective districts also may, with the approbation of ths 
 secretary of the treasury, provide small open row and 
 sail boats to be used by surveyors and inspectors, to ena- 
 ble them to go on board of vessels, and otherwise to detect 
 frauds. All penalties accruing by breaches of the reve- 
 nue laws, must be sued for in the name of the United 
 States of America, in courts of the United States having 
 jurisdiction in such cases. 
 
 251. The whole revenue of the United States in 1833. 
 from all sources, as appears from the annual report of the 
 secretary of the treasury, was as follows : From customs, 
 §29,032,508 91; lands, '^3,967,(382 55; dividends on bank 
 stock, $474,985; sales of bank stock, $135,300; inciden- 
 tal items, $337,949 79; total, $33,948,426 25, Th» 
 amount exceeds that of any former or subsequent yea». 
 
 CHAPTER XII. 
 
 Public Expenditures. 
 
 252. In connexion with the power to lay and collecttaxee, 
 duties, imposts and excises, congress has the power " to 
 borrow money on the credit of the United States," a* 
 equally requisite to pay the debts, and provide for th« 
 common defence and general welfare. 
 
 the collection of 'he revenue? What is a revemic cntter? 251. What 
 was the amouncof the nacional revenue in i8.'53? 
 <{52j 253. What power with ihal ol" levying and collecting taxo«».
 
 Chap. XII. PUBLIC EXPENDITUnES. 109 
 
 253. A power of taxation of some kind or other must 
 be possessed by every government, to enable it to provide 
 for paying the crrdinary expenses of its administration; 
 and the power to borrow money is sometimes indispensa- 
 ble for national defence, and other purposes for which tho 
 revenue of the country may prove to be inadequate. 
 
 254. The purpose for which congress has found it 
 especially necessary to exercise the power of borrowing 
 money, Avas the payment of the public debt. By tht- arti- 
 cles of confederaiion, the government adopted the public 
 debt previously contracted to support the war ; and the 
 sixth article of the present constitution, imposes on the 
 United States all debts contracted before its adoption. 
 
 255. The whole amount of public debt existing at tho 
 thne the constitution was adopted, was nearly $80,000,000. 
 A tax upon individual property to liquidate so large a 
 •debt, would have been at that time extremely burdensome 
 and oppressive to the citizens. Provision was therefore 
 made in the constitution, authorizing congress to borrow 
 money for this purpose, and to pledge the credit of the 
 United States for its payment. By this means, together 
 with such portion of the revenue arising fi'om duties on 
 imports and tonnage, as was not required for the support 
 of the government, and the proceeds of sales of public 
 lands, congress has been enabled so to control the public 
 debt as to prevent, almost entirely, the necessity of a 
 recourse to direct taxation. 
 
 256. The manner in which the govei'nment borrov/s 
 money, is as follows: ^ 
 
 When money is wanted to pay a debt, congress passes 
 an act, authorizing the secretary of the treasury, or other 
 person, to borrow the money, and to make the United 
 States debtor for the same. The act states the amount to 
 be borrowed, the time when it is to be paid, and the rate 
 of interest. Persons who wish to lend money, thensub- 
 
 ■lias congress to pay debts, &c.? 254. For what purpose has this 
 poorer been found especially necessarv! 255. What v/as the 
 •amount of the public debt when :he con'stituiion wcis adopted? By 
 •*diat means, principally, has the debt been paid? 256. Id what
 
 110 GOVERNMENT OP THE t;. STATES. Part III- 
 
 scribe, in books opened for that purpose, the sums they 
 will respectively lend ; and for the sums so subscribed 
 and lent, certificates are given by the agent of the gov- 
 ernment, stating the amount for which the United States 
 are indebted. The debt so contracted, and for which the 
 certificates are thus given, are called slocks. To persons 
 having these certificates, the government pays, quarterly, 
 the interest that accrues on them at the rate expressed in 
 the act. These certificates are often bought by persona 
 10 sell again. When they are sold at a price equal to the 
 amount expressed in them, stocks are said to be at par. 
 If their market price be higher or lower than their nomi- 
 nal value, they are said to be above or below par. 
 
 257. During the late war, provision was made for bor- 
 rowing money, by an act which authorized the issuing o{ 
 notes by the treasury, bearing interest at six per cent. 
 These notes were receivable by the government in pay- 
 ment for taxes, duties, public lands, &-c. 
 
 258. By the purchase of Louisiana, in 1803, and the 
 expenses of the late war, the public debt was increased to 
 more than $127,000,000. One of the means adopted to 
 liquidate the public debt, was the creation, at an early 
 period, of a sinking fund. Sinking fund signifies that 
 part of the national revenue ■which is set aside for the 
 national debt. Additional j'carly appropriations were 
 made, from time to time, until, in consequence of the 
 augmentation of the public debt, by the Louisiana stock. 
 it became necessary to increase them to $8,000,000. 
 
 259. By the act of 1817, so much of all former acts as 
 related to appropriations for the purchase of the principal, 
 and payment of the interest of the funded debt, was re- 
 pealed ; and a yearly appropriation of Si 0,000,000, ari- 
 sing from duties on imports and tonnage, internal duties, 
 and from sales of public lands, was nitidc, for the reduc- 
 
 manner does the government borrow money? What are stock!^ 
 857. What provision was made during the ia'c war for borrowiDg 
 money? 5^58. What was the amount of public debt at the close of 
 the late war? What means were adopted for its payraent? What is 
 & sinking fiind? -259. What were the provisions of the act of 18171 
 
 •4Kf'
 
 Chap. XII. PUBLIC EXPEKDlTtRES. lit 
 
 tion of the public debt. By the application of this amount 
 every year, together with such other portion of the yearly 
 revenue as remained after paying the expenses of th« 
 
 ?;overnment, the national debt has at length been entirely 
 iqu] dated. 
 
 260. The follovring table exhibits the amount of public 
 debt, on the first of January, in each year, from the yeajf 
 1791. to the period of its extinguishment: 
 
 Year. 
 
 Amount. 
 
 Year. 
 
 Amount. 
 
 1791 
 
 $75,463,476 
 
 1814 
 
 81,487,845 
 
 1792 
 
 77,227,924 
 
 1815 
 
 99,833,660 
 
 1793 
 
 80,352,634 
 
 1816 
 
 127,234,933 
 
 1794 
 
 78,427,404 
 
 1817 
 
 123,491,965 
 
 1795 
 
 80,352,934 
 
 1818 
 
 103,466,633 
 
 1796 
 
 83,762,172 
 
 1819 
 
 95,529,648 
 
 1797 
 
 82,064,479 
 
 1820 
 
 91,025,500 
 
 1798 
 
 79,228,529 
 
 1821 
 
 89,987.427 
 
 1799 
 
 78,408,669 
 
 1822 
 
 93,546,676 
 
 1800 
 
 82,976,294 
 
 1823 
 
 90,875,877 
 
 1801 
 
 83,038,050 
 
 1824 
 
 90,269,777 
 
 1802 
 
 80,712,632 
 
 1825 
 
 83.788,432 
 
 1803 
 
 77.054,686 
 
 1826 
 
 81,054,059 
 
 1804 
 
 86,427,120 
 
 1827 
 
 73,987,357 
 
 1805 
 
 82,312,150 
 
 1828 
 
 67,475,043 
 
 1806 
 
 72,723,270 
 
 1829 
 
 68,421.415 
 
 1807 
 
 69,218,398 
 
 1830 
 
 48,580,535 
 
 1808 
 
 65,196,317 
 
 1831 
 
 39,082,461 
 
 1809 
 
 57,023.192 
 
 1832 
 
 24,282,879 
 
 1810 
 
 53,173,217 
 
 1833 
 
 7,001,698 
 
 1811 
 
 48,005,587 
 
 1834 
 
 4; 722.260 
 
 1812 
 
 45,209,737 
 
 1835 
 
 0.000,000 
 
 1813 
 
 55,962,827 
 
 
 
 261. Only 
 
 nine years a 
 
 go, our 
 
 national debt was 
 
 «^8 1,000,000. 
 
 In 1816 the 
 
 interest 
 
 alone amounted to 
 
 $7,000,000. 
 
 In 1826, to al 
 
 most $4,000,000. Since the 
 
 260. What was the national debt in 1791? In ISOO] In 18127 In 
 1816? In 1825? In 1835? 261. What amount has been paid withue
 
 112 eOVEllNMENT OF THK O. STATES. Part III 
 
 beginning of that year, we have paid off, including inter- 
 est, very nearly $100,000,000, over and above the current 
 4Mpenses of the government. 
 
 CHAPTER XIII. 
 Of Conmerct. 
 
 862. Commerce signifies a mutual change of goods, 
 productions, or property of any kind, between nations or 
 individuals, either by barter, or by purchase and sale 
 When we speak of the commerce of a nation, we hav« 
 reference to its trade with other nations. 
 
 263. Congress has power, by the constitution, "to rog- 
 tilate commerce with foreign nations, and among tlie sev- 
 states, and with the Indian tribes." The propriety of 
 vesting this power in congress is plain : its exercise by 
 the several states might have produced a diflerent system 
 in each state, and caused mutual jealousies, rivalries and 
 ■restrictions, which could be prevented only by a common 
 •superior power. The general power of congress to reg- 
 ulate commerce, is not restricted to the mere buying and 
 selling, or exchanging of commodities; but it extends to 
 navigation by vessels exclusively employed in transport- 
 ing passengers, and to every species of commercial inter- 
 course with foreign nations, and among the several states, 
 «nd with the Indian tribes. 
 
 264. Navigation is the art or practice of conducting or 
 carrying a ship from one port to another , and implies 
 whatever relates to traversing the sea in ships. In pur- 
 suance of the power to regulate commerce, congress has 
 
 the last nine years? 262. What is commcrc:? 203. To what objects 
 does this power of C0Dgre.s,s extend? Why might not t]xe .several 
 •stales exercise thi.s power? 264. What is noxigahonl By what 
 wltans does congress encourage domestic navigation? How is this
 
 Chap. XIII. OF COMMERCE. 113 
 
 enacted laws conferring privileges upon ships buiU and 
 owned in the United States, in order to encourage domes- 
 tic navigation. This is done by imposing higher duties 
 of tonnage ai-d impost upon foreign vessels, and goods 
 imported therein, than those required to be paid upon 
 vessels of the United States, and goods imported in them. 
 These duties are called discriminating duties, as the law 
 discriminates, or makes a distinction between foreign and 
 domestic navigation, giving a preference to the latter. 
 
 26.5. Vessels of ttae United States, to be enthled to the 
 privileges enjoyed by such ships or vessels, must be re- 
 gistered pursuant to the laws of the United States. After 
 the admeasurement of a vessel by a surveyor to ascertain 
 her tonnage, the collector, records or registers in a book 
 kept for that purpose, the names of the vessel and the 
 port to which she belongs, her burthen, the year, and the 
 name of the place in which she was built. A certificate 
 of such record or registry is then given by the collector 
 of the district to the owner or commander of the vessel, 
 who is required to give a bond with sureties, that the cer- 
 tificate of such registry shall be used only for the vessel 
 for which it is granted. The law provides, that if a cer- 
 tificate of registry be fraudulently used for any vessel not 
 entitled to the benefit thereof, such vessel shall be forfeited 
 to the United States. 
 
 266. The master of a vessel departing from the United 
 Slates, and bound to a foreign port, is required to deliver 
 to the collector of the district, a manifest of all the cargo 
 on board, and its value, by him subscribed and sworn to 
 he true ; upon which the collector grants a clearance for 
 such vessel. A clearance is a certificate stating that the 
 commander has cleared his vessel according to law. 
 
 267. Every vessel of the United States going to a fo 
 eign country, shall, at the request of the master, be -Car- 
 nished with a passport, the form of which is to be prepared 
 
 privilege conferred? What are these duties called? Why? 265. How 
 do vessels become entitled to this privilege? How arr- ve.ssels re- 
 gistered ? 266. What must a master of a vessel do i v' be entitled to 
 a clearance? What is a clearance? Ji67, What is required of ves- 
 
 H
 
 114 GOVERNMENT OF TUB I'. STAGES. Part III 
 
 by the secretary of state, and approved by the president 
 A paxsport, as applied to navigation, is a license or writing 
 granted by the proper authority of a country to navigate 
 in some particular sea without hinderance. It contains 
 the name of the vessel and that of the master, her tonnage 
 and the number of her crew, certifying that she belongs 
 to the subjects of a particular state, and requiring all 
 persons at peace with that state to suffer her to proceed 
 on her voyage without interruption. A passport is like- 
 wise a license for importing or exporting goods without 
 paying duties. 
 
 268. Passenger A-essels are not permitted to carry a 
 greater number of passengers tlian two for every five tons 
 of their burthen. If the master or other pt-TSon on board 
 of a vessel of the United States, sliali Jake on board at a 
 foreign place, or bring into the United States ; or if he 
 rshall transport from the United States to a foreign place, 
 a greater number of passengers than two for every five 
 tons of such vessel, according to the custom house meas- 
 urement, he shall forfeh and pay one hundred and fiJty 
 d»)llars for every passenger above the number prescribed 
 If the number of passengers shall exceed such number 
 by twenty, the vessel shall be forfeited to the United 
 .States. The master or captain of a vessel is required to 
 report to the collector a list or manifest of all the pastien- 
 gers, designating their age, sex and occupation ; the 
 country to which they belong, and of which they inten4, 
 to become residents ; and the number, if any, that have 
 died on the voyage. 
 
 209. None but citizens or persons of color, natives of 
 the United States, may be employed on board a vessel ot" 
 the United States. If the commajider of a vessel employ 
 any other than such persons on board his vessel, he shall 
 K)rfeit and pay one thousand dollars for each person so 
 ei\ployed ; and the master of every vessel bound to a 
 
 sel.s (kporting from the United States? What is a pafsport? What 
 dues il c(JV;'ain? 268. What restrictions are ircposed upon pa-^sm- 
 ^"r ve^;.sel^S Wha! penalty or forfei'iire i.s auiii^xed? What report 
 J-N (he ma.slef required lu make? 2€Li. Whuipera^ns oLiy may I-
 
 t^hap. XIII. OF COMMERCE. 1 15 
 
 foreign place, or every vessel of the burthen of one hun- 
 dred and fifty tons or upwards, bound to a port in any 
 other than an adjoining state, is required to make a writ- 
 ten or printed agreement with every seaman or mariner 
 which shall be employed on such vessel. 
 
 270. Every vessel of the burthen of one hundred and 
 fifty tons or upwards, navigated by one or more persons, 
 and'bound on a voyage beyond the limits of the United 
 States, and all merchant vessels of the burthen of seventy 
 five tons or upwards, navigated by six persons or more, 
 and bound to the West Indies, shall be provided with a 
 chest of medicines accompanied by directions for admin- 
 istering the same. Vessels crossing the Atlantic ocean, 
 shall have on board at lea.st sixty gallons of water, one 
 hundred pounds of salted meat, and one hundred pounds 
 of wholesome ship bread, for each person on board. 
 
 271. A fund is provided for the relief of sick and disa- 
 bled seamen, by requiring the master or owner of every 
 vessel of the United States, before such vessel shall be 
 admitted to entry, to pay to the collector, at the rate of 
 twenty cents a month for every seaman employed on 
 board; which sum he may retain out of their wages. 
 The fund thus provided, is administered by such persons 
 as the president of the United States shall appoint for the 
 purpose. 
 
 272. The register, clearance and other papers, granted 
 by the officers of the customs to 'a foreign vessel, at her 
 departure from the port from which she shall have arri- 
 ved, shall, previously to her entry in a port of the United 
 States, be produced to the collector with whom the entry 
 is to be made. And it is the duty of the master, within 
 forty-eight hours after such entry, to deposite such papers 
 with the consul or vice consul of the nation to which the 
 vessel belongs ; and to deliver to the collector the certifi- 
 
 employed as seamen on board American merchant vessels? 270. 
 What regulations are made for the support. of persons on board 
 ves.5els? 271. How are sick and disabled seamen provided for? 
 How is this fund raised] By whom administered? 272. What is 
 required of foreign vessels previously to their entry? To whom 
 are the papers delivered? What is delivered to -the colVectorl What
 
 116 GOVERNMENT OF THE V. STATES. Part tit 
 
 rate of the consul or vice consul, that the papers have 
 been so deposited. Any master who shall fail to comply 
 ■vvith this regulation, shall be fined in a sum not less than 
 five hundred, and not exceeding two thousand, dollars. 
 
 273. But this regulation docs not extend to the vessels 
 of foreign nations, in whose ports American consuls are 
 not permitted to have the custody of the register and other 
 papers of vessels entering the ports of such nation. No 
 foreign consul may deliver to the master of any foreign 
 vessel, the register and other papers with him, until the 
 master shall produce to him a clearance from the collec- 
 tor of the port. For a violation of this law, the consul 
 shall be fined in a sum not less than five hundred, nor 
 exceeding five thousand, dollars. 
 
 274. Under the power to regulate commerce with for- 
 eign nations, congress may pass embargo and quarantine 
 laws. Embargo, in commerce, means a stop put to trade; 
 or, a prohibition of state, commonly on foreign ships, in 
 time of w^ar, to prevent their going out of port or coming 
 in. Before the war of 1812, a law of this kind was 
 passed, (December, 1807.) In a case tried in the district 
 court of Massachusetts, 1808, it was objected that the act 
 was unconstitutional ; that congress had no right, under 
 the power to regulate commerce, thus to annihilate it, by 
 interdicting it entirely with foreign nations. The court 
 decided that the act was constitutional. The power of 
 congress relative to commercial intercourse, is sovereign, 
 except so far as it isqualifiedby the restrictions expressed 
 in the constitution. 
 
 275. Quarantine signifies the time during which a 
 ship, coming from a port suspected of contagion, or of 
 havino- contagious sickness on board, is forbidden to have 
 intercourse with the place where she arrives. The term 
 is said to be derived from the Italian quarantina, meaning 
 
 is the penalty for neglect? 273. What ve&sels are exempt from 
 this regnlaHon? How does the master again obtain his paperst 
 To what penalty is the consul subject for a violation of the lawT 
 274. What is an embargo? When was an embargo law passed^ 
 Has congress power to pass such a law? 275. What is the meaning 
 of quararUiiui? By what authority are these laws enacted in thia
 
 Chap. XIV. OF COMMERCE. 117 
 
 a space of forty days, that being originally the period 
 fixed for detaining ships in such circumstances. But the 
 time now varies according to the exigencies of the case. 
 Quarantines are required by the health laws of a state r 
 and congress has enacted that all vessels, whether from 
 a foreign port, or from another district in the United 
 States, and all revenue officers, shall be subject to the 
 health law_ of the state to whose ports such vessels are 
 bound. And the president may direct suitable houses to 
 be purchased or erected, in which goods may be landed 
 from vessels subject to quarantine, at such other place in 
 the state, as the safety of the revenue, and the observance 
 of the health laws, may require. 
 
 CHAPTER XIV. 
 
 Commerce — corUiimed. 
 
 276. The power "to regulate commerce," as well as 
 ihe power "to lay and collect duties, imposts and excises, 
 lo pay the debts and provide for the common defence and 
 general welfare," has, from an early period of the govern- 
 ment, been employed in laying duties for the purpose of 
 encouraging and protecting articles of domestic produce 
 or manufacture. These are called prottcting duties, as 
 they protect or defend the domestic grower or manuILic- 
 lurer against injury from foreign competition. 
 
 277. Most of the manufactured goods formerly con- 
 sumed in this country, were brought from abroad, where, 
 from the superior advantages which older countries pos- 
 sessed for manufacturing, could they be procured at cheaper 
 rates. But to encourage domestic or home manufactures, 
 
 country? What may the president do for the landing of goods 
 from vessels under quarantine'? 
 
 27G. Under the grant of what power are protecting duties laid? 
 Why are they called protecting duties? 277. What is the object of
 
 118 GOVERNMENT OF THE U. STATES. Part III, 
 
 and to render our nation independent of foreign nations 
 for its supplies, the policy was adopted of imposing upon 
 foreign goods, such duties as would make their cost 
 equal to the cost of similar goods manufactured by our 
 own ci;.izens; and thus providing for the latter a market 
 at home. 
 
 278. But this policy has always received much oppo- 
 sition. It is objected, first, that the constitution does not 
 authorize congress to lay duties except for purposes of 
 revenue. The right of congress thus to protect domestic 
 industry, is inferred from the power "to lay duties to 
 provide for the common defence and general welfare." 
 The term " general welfare," if it be allowed its share in 
 the meaning of this clause of the constitution, must imply 
 the power to lay duties to encourage domestic manu- 
 factures; especially as ^.he general welfare is usually 
 promoted by such encouragement. It is further argued 
 in favor of this power, that the framers of the constitu- 
 tion, in providing for the regulation of commerce among 
 foreign nations, cannot be presumed to have overlooked 
 the object of authorizing congress to countervail the re- 
 strictions which foreign nations might impose upon our 
 trade. The practice of the government has, from a very 
 early period, been in accordance with this opinion. 
 
 279. A second objection to this policy is, that the duty 
 thus imposed is an unjust tax upon the consumer, who 
 ought to be permitted to purchase where he can obtain his 
 supplies at the lowest prices. To this it is replied, that 
 when any commodity is duly protected, it will be produced 
 in greater quantities^ and the facilities for manufacturing it 
 will be increased; so that the price will ultimately be re- 
 duced to that of a similar article manufactured elsewhere. 
 Such has uniformly been the effect of the system of protec- 
 tion in this country. 
 
 280. The power of congress to regulate foreign com- 
 merce, extends also to wrecks on the seas ; the construc- 
 
 ihese duties? 278, 279. On what grounds are these duties objected 
 m? How are these objections answered? What has been the 
 practice of the government on this subject? 280. To what other
 
 Chap. XIV. OF COMMERCE. 116 
 
 tion of light houses ; the placing of buoys and beacons ; 
 the removal of obstructions to navigation in creeks and 
 rivers; and to the designation of ports of entry and deliv- 
 ery. 
 
 281. The power to regulate internal commerce, or 
 commerce among the several states, was rendered ne- 
 cessary, in order to give effect to the power of regulating 
 foreign commerce. This power was intended to prevent 
 the levying of unjust taxes or contributions by a state, on 
 goods imported or exported through it by another state. 
 Other evils, which may be readily conceived, might re- 
 sult from the exercise of this power by the several states 
 to regulate trade between each other. 
 
 282. Several cases have arisen involving the question, 
 how far this power may be exercised within a state. It 
 is not disputed that all commerce which is completely 
 internal, and carried on between different ports of the 
 same state, and does not extend to other states, is beyond 
 the control of congress ; while it is equally evident, that 
 ihe power to regulate commerce may be exercised iciihin 
 a state. For there are waters communicating with the 
 ocean, which penetrate the interior, passing through sev- 
 eral states ; and there are waters in and upon the boun- 
 daries of several of the states, which afford means of 
 commercial intercourse between those states. In these 
 cases, it is clear that the power of congress may reach 
 the interior of a state. 
 
 283. It has been decided b}-^ the supreme court, that 
 the acts of the legislature of New York, granting 
 to individuals the exclusive right to navigate the wa- 
 ters of the state in vessels propelled by steam, were 
 unconstitutional and void, and repugnant to the power of 
 congress to regulate commerce, so far as they went to 
 prohibit vessels, licensed under the laws of congress to 
 
 objects does the power to regulate commerce extend? 281. What 
 is meant by internoZ commerce? What is the object of the power 
 to regulate internal commerce? 283. May this power be exercised 
 icithin a siaie? 233, How far are state laws, regulating commerce,
 
 l20 OOVERNMESrar OP TMOE U. STATES. Part III 
 
 carry on the coasting trade, from navio-atingthe watexs of 
 New York. 
 
 284. The power to regulate commerce extends to con- 
 ferring privileges upon vessels of the United States, en- 
 gaged in the coasting trade and fisheries. Coasting trade 
 is the trade carried on between one district and another 
 in the United States, on the sea coast, or on navigable 
 rivers. For the more convenient regulation of this trade, 
 the sea coast and navigable rivers of the United States 
 are divided into three great districts ; and all vessels of 
 twenty tons and upwards, being enrolled according to 
 law, and having a license, are entitled to the privileges 
 of vessels employed in the coasting trade or fisheries. 
 Vessels of less br.rthen, having only a license, are enti- 
 tled to the same privileges. No vessel enrolled or licensed 
 for this trade, is permitted to proceed on a foreign voyage, 
 without having given up her enrolment and license, and 
 been registered conformably to the laws regulating ves- 
 sels employed in foreign trade. If a vessel perform a 
 foreign voyage without complying with this regulation, 
 such vessel, with all her furniture, and goods imported 
 therein, becomes liable to seizure and forfeiture. 
 
 285. The power of congress to regulate trade with 
 the hidian tribes, extends to tribes within, as well as 
 without, the boundaries of the United States, or any par- 
 ticular state. It has been a subject of dispute, whether 
 the Indian tribes were to be regarded as foreign nations 
 in their relations to the United States. It has, however, 
 been decided, that they are not recognized as such by the 
 constitution: but they are to be considered as domestic. 
 depetideni nations, in a state of pupilage to the general 
 government, and holding their territory bj'' right of occu- 
 pancy. This right of the Indians to their lands is ac- 
 
 voiJ'? 284. What is tlie conftint: trade? Huw are ihe sea coa.st 
 and navigable rivers of the United Slates divided? What is neces- 
 *:ary to entitle ve.ssels (o the privileges of the coasting trade? Un- 
 der what restrictions are coasting vessels permitied topruceed on h 
 foreign voyage? What is the penalty for not complying with ihi* 
 provision? 285. What relation do the Indian tribes bear towards 
 the United States? How do they hold their territory? 286. F«»w
 
 chap. XIV. OF COMMERCE, 121 
 
 knowledged in the treaties made with them from time to 
 tune. By these treaties, the Indians place themselves 
 under the protection of the general government, which 
 guaranties to them tlie peaceable possession of their lands 
 not ceded to the United States. 
 
 233. But intercourse with tlie Indian tribes, is subject 
 to legislative regulation. The president, by and with tlie 
 advice and consent of the senate, is authorized to appoint 
 an agent to each of the several Indian nations, to perform, 
 such duties as shall be enjoined on him ; and for the 
 faithful performance of these duties, he shall give bonds 
 in the sum of ten thousand dollars. The salaries of 
 these agents are, from $1200 to $1800 a year, each. 
 
 287. The president is required also to cause the boun- 
 dary line between the Indian territory and the United- 
 States to be ascertained and marked. To promote civili- 
 zation among them, and to secure the continuation of their 
 friendship, the president may furnish them with domestic 
 animals and implements of husbandry, and with goods 
 or money, as he shall judge proper: but the amount of 
 such presents may not exceed fifteen thousand dollars a 
 year. He may also employ capable persons of good 
 moral character to instruct them in agriculture, and their 
 children in reading, writing and arithmetic, at an expense 
 not exceeding ten thousand dollars. 
 
 288. If any Indian shall enter into any state or terri- 
 tory, and commit any trespass, murder, or other outrages 
 upon citizens of the United States, satisfaction must be 
 made by the tribe to which such Indian belongs, within 
 one year, for the injury committed. If such tribe neglect 
 or refuse to make satisfaction, the facts are reported to the 
 president, that the necessary steps may be taken to obtam 
 satisfaction: andtheUnitedStates shall guaranty to the par- 
 ty injured, indemnification for the property destroyed; pro- 
 vided the injured party shall not attempt to obtain private 
 
 is Indian intercourse regulated? How are Indian agent ; appointed^ 
 What salaries do they receive? 2S7. "What are ihe duties and' 
 discretionary powers of ihe president relative to this subject? 2^8, 
 What laws exist for the punishment of oflences committed by hx-
 
 122 GOVERNMENT OF THE V. STATES. Part III 
 
 satisfaction or revenge, by crossing over the line of any of 
 tiie Indian lands. But any Indian having so offended, may 
 he apprehended within any state or district: and the 
 president may deduct the sum paid for the property taken 
 or destroyed by such Indian, from the annual stipend 
 which the United States are bound to pay the tribe to 
 which such Indian shall belong. 
 
 289. If a citizen or resident of a state or territory 
 shall make a settlement on the lands of any Indian tribe; 
 or if he shall survey, or attempt to survey, such lands, 
 or designate boundaries, by marking trees, or otherwise, 
 the offender shall forfeit a sum not exceeding one thou- 
 sand dollars, and suffer imprisonment not exceeding one 
 year. The president may take such measures, and em- 
 ploy such force, as he may deem necessary to remove 
 from such lands any person who shall have made a set- 
 tlement thereon. 
 
 290. If sach person shall commit murder, by killing 
 any Indian on Indian territory, he shall, if convicted 
 thereof, suffer death. If any citizen of the Ui.ited States 
 shall commit any trespass within Indian territory, he 
 shall be liable to punishment, by fine and imprisonment, 
 in proportion to the magnitude of the offence. 
 
 291. The agents and superintendents of Indian affairs, 
 may, under the direction of the president, grant to citi- 
 zens of the United States, but to no other person, licenses 
 10 trade with the Indian tribes, taking bonds, v/ith sure- 
 ties, for the due observance of the laws regulating trade 
 v\rith the Indian tribes. Any person who shall attempt 
 to reside in any town or hunting camp of any tribe, as a 
 trader without license, shall forfeit the merchandize found 
 in his possession, or offered for sale, and shall be liable 
 to a fine and imprisonment. No citizen shall buy or re- 
 ceive, of any Indian, by way of trade or barter, a gun or 
 
 dians a^ain.st citizens of the United Stales? 289. How are ciii- 
 7..-n-of the United S;ates prohibited from intruding upon Indian 
 inndsl 290. What is the penahy for killing an Indian or commit- 
 liiitr trespass on Indian territory? 291. What regulations exist re.s- 
 peiimg licenses to trade with the Indians?
 
 Chap. XV. NATURALIZATION OF ALIENS. 123 
 
 Other article used in hunting, instrument of husbandry, or 
 article of clothing, except furs or skins ; nor shall he 
 buy a horse within the Indian territory, Avithout special 
 license for that purpose. 
 
 CHAPTER XV. 
 
 Naturalization of Aliens. 
 
 292. The power of congress next enumerated, is the 
 power "to establish a uniform rule of naturalization, and 
 uniform laws on the subject of bankruptcies, throughout 
 the United Slates." But while the constitution provides 
 for naturalizing aliens, it does not define the character 
 either of citizens or of aliens. In the absence of such 
 definition, reference must be had to ihe English common 
 law. In the United States, an alien, may be defined to 
 be a person born out of the jurisdiction of the country, 
 and not having acquired the rights of naturaliztition. To 
 this rule there is, however, an exception. In accordance 
 with the principle of the English law, the right of citi- 
 zenship is giv^en by the ace of 1802, to children born out 
 of the jurisdiction of the United States, of persons who 
 are citizens of the United States; such, for instance, are 
 the children of public ministers born during the residence 
 of their parents in a foreign country. 
 
 293. By the adoption of the constitution, the citizens 
 of each state were made citizens of the United States ; 
 for all who were not native citizens, or citizens born 
 within che United States, acquired the rights of natural- 
 ized citizens, by assuming allegiance to the government. 
 Aliens cannot acquire a title to real estate. Should they 
 
 292. What power has congress respecting naturalization? What 
 is au alien? 293. What efiect had the adoption ol' tlie constitution 
 upon aliens? What are their abiluies and disabilities asiu holding
 
 ■124 GOVERNMENT OF THE V. STATES. Part IIL 
 
 purchase it, it is forfeited to thf state whenever it is as- 
 certained by proper examination to be the property of an 
 alien. But aliens sometimes do own real property, hold- 
 ing it in the name of a friend. They may own and 
 transmit personal or moveable property in the same man- 
 ner as citizens ; and they may bring suits for the recovery 
 and protection of such property. 
 
 294, In pursuance of the power granted by the con- 
 stitution, congress has provided a mode of removing the 
 disabilities of aliens. By complying with the terms of 
 these provisions, every alien may obtain the privileges of 
 natural born citizens. Naturalization, is the investing 
 of an alien with the rights and privileges of a native sub- 
 ject or citizen. 
 
 293. An alien, to become a citizen of the United States, 
 shall declare on oath, before a court of some one of the 
 states, or a circuit court of the United States, or before a 
 clerk ol either of said courts, two years before his admis- 
 sion, that it was, bona fide, his intention to become a citi- 
 zen, and to renounce forever all allegiance to any foreign 
 prince, state or sovereignty, and particularly by name 
 that whereof he is a citizen or subject. He shall, at the 
 time of his application, declare on oath, before one of the 
 said courts, that he will support the consthution of the 
 United States. 
 
 296. The court admitting such alien, shall be satisfied 
 that he lias resi(ied within the United States five years at 
 least, and within the state or territory in which such court 
 is at the time held, one year at least ; and that, during 
 that time, he has behaved as a m.an of good moral char- 
 acter, attached to the principles of the constitution of the 
 United States, and well disposed to the good order aj)d 
 happiness of the same. But the oath of the applicant 
 shall not be allowed to prove his residence. 
 
 297. By the act of May 26, 1824, an alien minor may 
 be admitted a citizen at any time after he shall have arri- 
 
 property? 20i. Whai is ■naluralizaf ion? 295. What declaration, 
 on oath, must an alien make tobecomeaciiizen? Before what count 
 SOti. Wiiatis further required of the applicanlT 297. What is pro
 
 Chap. XV, NATURALIZATION OF ALIENS. 12$ 
 
 ved at the ao"e of twenty-one years, if he shall have resi- 
 ded five years in the United States, includingat 1 ast three 
 years of his minority, without having made a previous 
 declaration of his intention to become a citizen. It is 
 sufficient that the declaration be made af the time of his 
 admission: provided that he then declare on oath, and 
 prove to the satisfaction of the court, that, for three years 
 ne.>ct preceding, it has been his intention to become a cit- 
 izen, and that he shall, in all other respects, comply with 
 the laws in regard to naturalization. 
 
 298. By the act of May 24, 1828, an alien who resided 
 in the United States before the 18th June, 1812, and con- 
 tinues to reside here, need not previously make the decla- 
 ration of his intention to become a citizen : provided he 
 shall prove to the satisfaction of the court, that he was 
 residing in the United States, before the 18th Jiine, 1812, 
 and that he has continued to reside here; and provided 
 also that his residence shall be proved by the oath or affi- 
 davit of citizens of the United States. If the alien shall 
 have arrived after the peace of 1815, his residence must 
 have been continued for five years next preceding his ad- 
 mission, without having been, at anytime during the fiv« 
 years, out of the territory of the United States. 
 
 299.' Children of persons duly naturalized, being mi- 
 nors at that time, shall, if dwelling in the United States, 
 be deemed citizens. And if any alien shall die after his 
 declaration, and before his actual admission, his widow 
 and children shall be deemed citizens. 
 
 ;-?00. A previous residence of five years is in all cases 
 required to become citizens ; the reason of which is obvi- 
 ous. It is not to be presumed that strangers can have, 
 upon their arrival among us, that knowledge of our polit- 
 ical institutions, and that attachment to them, which are 
 necessary to qualify them for discharging the duties of 
 citizens. Such is the nature of our government, that it 
 
 vided, b}' the act of 1824, for naturalizing alien minors? 268. What 
 is provided bv the actof 1828? 299. Under what circumstances are 
 children of aliens deemed citizens? 300. Why is a previous resi- 
 dence of five years an all case.s required?
 
 126 GOVERNMENT OF THE U. STATES. Part 111. 
 
 «an be safe only in the hands of those who understand 
 and love the principles on which it is founded. And yet, 
 important as this knowledge is, a large portion even of 
 our native citizens, are little acquainted with the freo 
 institutions of their own country. 
 
 CHAPTER XVI. 
 
 Bankrnptcy. 
 
 301. Another of the powers granted to congress, is 
 the power " to establish uniform laws on the subject of 
 bankruptcies, throughout the United States." The word 
 barikrwpt is derived from bcmcus, a bench, and mptwt, 
 broken, in allusion to the benches formerly used by mon- 
 ey lenders in Italy, which were broken or destroyed in 
 ease of failure. This word generally means an insolv- 
 ent person, but, more strictly, an insolvent merchant. A 
 distinction has been made by some between insolvent 
 laws and bankrupt laws ; the latter providing for dischar- 
 ging the deVjtor from his contracts ; the former merely 
 liberating his person. 
 
 302. This power is for several reasons entrusted to con- 
 gress : (1.) To preserve uniformity and equality of rights 
 and remedies among the citizens of all the states. Much 
 inconvenience had arisen from the dissimilar and con- 
 flicting laws of different states, and from the refusal of 
 some states to act on the subject. (2.) Because creditors 
 in one stale are not bound by the bankrupt laws of ano- 
 ther : so that a debtor, though released from his debts m 
 one state, is still liable to be harassed by new suits when- 
 ever he removes without the state boundaries. (3.) This 
 power in the general government is essential, also, to 
 
 301. What is the ori^^in and meaning of the word bankrvft? 
 302. For what reascns wai. the power lo pass bankrupt laws given
 
 Chap. XVL BANKRUtTcv- !2T 
 
 maintain commercial credit and intercourse with foreign 
 nations. 
 
 303. As the constitution prohibits the states from pas- 
 sing "laws impairing the obligation of contracts," the 
 right of a siate to pass insolvent or bankrupt laws, is 
 questioned by many, who maintain that such laws impair 
 the obligation of contracts; and that, as the power is giv- 
 en to congress to establish a unilorni system,of bankrupt- 
 cy, the power to make insolvent laws is thereby taken 
 away from the states. 
 
 3<)4. By the decisions which have been made by the 
 supreme court of the United States, the following points 
 appear to have been settled : (1.) That a state has no au- 
 thority to pass an insolvent or bankrupt law to discharge 
 a debtor from the obligation of a contract made before 
 such law was passed. But if the law existed before a 
 contract Avas made, it did not, in the sense of the consti- 
 tution,, impair the obligation of that contract, because 
 parties are presumed to have reference to the existing 
 laws of the country when such contract is made. (2.) That 
 until congress establish a uniform system of bankruptcy, 
 a state may pass such insolvent laws as do not impair the 
 obligation of contracts. (3.) That a discharge is valid only 
 between the citizens of the state by which such law wa» 
 passed ; and that a debtor, if he should remove into ano- 
 ther state, and there take the benefit of an insolvent law, 
 does not discharge himself from debts contracted before 
 his removal. 
 
 305. In view of the judicial decisions on this subject. 
 Chancellor Kent observes : " It remains yet to be settled, 
 whether it be lawful for a state to pass an insolvent law, 
 which shall be efTectual to discharge the debtor from, a 
 debt contracted after the passing of the act, and within 
 the state making the law. The general language of the 
 <ourt would seem to reach even this case ; but the facts 
 
 toccngres.';? 303. Do the states possess the power of passing insol- 
 vent or bankrupt laws'? On what ground is this power di-pnted'? 
 304. What points, in relation to thi's qiiesiion, have been seriled by 
 liic decisions of the supreme Gourf? 305. Whai opiuiuu is expies-
 
 1S8 GOVERNMENT OF THE U. STATES. Part III. 
 
 in the cases decided do not cover this ground, and are not 
 RUthoritv^ to that extent." 
 
 306, Congress has heretofore, (April, 1800,) exercised 
 its power to pass bankrupt laws; but this law was either 
 repealed, or permitted to expire by its own limitation, in 
 December, 1803. At present there is no uniform law on 
 the subject. The general object of a bankrupt law is to 
 riilieve unfortunate traders, and, at the same lime, to se- 
 cure the application of their efTects to the payment of their 
 •debts. 
 
 CHAPTER XVII. 
 
 Money — Weights and Measures. 
 
 S07. Congress has the sole power " to coin money, 
 regulate the value thereof, and of foreign coin." To 
 produce uniformity of value in coin throughout the 
 union, this power is exclusively given to congress, as its 
 exercise by the states would cause much embarrassment, 
 vexation and fraud, in consequence of the varying stand- 
 ards that would be established by the different states. 
 
 308. M'mt signifies a place where money is coined by 
 public authority. The word coin, (French,) means a 
 stamp; or money stamped with a legal impression. 
 Coining, until the last two or three centuries, was very 
 imperfectly performed, by placing the blank piece of 
 money between two dies, or steel punches, containing the 
 design of the coin, and striking upon the upper one with 
 a hammer. The imperfection of this hammer-money 
 was caused by the uncertainty of placing the two dies 
 
 sed, and by whom, in view of these decisions? 306. Has congress 
 ever exercised this power? Does such law now exist] What is the 
 general object of a bankrupt law? 
 
 207. Why is the power to coin money, &c. ^iven to congress? 
 308. What is the meaning of mint? Of coin? Describo the process
 
 Chap. XVIT. MONEY, &c 129 
 
 exactly over each other, and the improbabilit}^ of a man's 
 being able to strike a blow with such force as to make 
 all parts of the impression equallj^ perfect. The coining 
 piess, or mill, now used, was invented in France. The 
 bars or ingots of gold or silver, after having been cast, 
 are taken out of the moulds, and their surfaces cleaned. 
 They are then flattened by rollers, and reduced to the 
 proper thickness to suit the species of money to be 
 roined. The plates are next cut out into round pieces by 
 a circular steel punch of the size of the coin, which is 
 driven downward by a powerful screw, and passestbrough 
 a corresponding circular hole, carrying before it the piece 
 of metal which is punched out. These pieces are brought 
 to the standard weight, if necessary, by filing or rasping; 
 the deficient pieces, together with the corners and pieces 
 of the plates, are returned to the melter. The inscription 
 or impression on the edge is made by rolling the coin,, 
 edgewise, between two plates of steel containing the en- 
 graved edging. The stamping is performed by pressing 
 the piece wjth a powerful screw, between two steel dies,, 
 on which the figure to be impressed is engraved. 
 
 309. The officers and persons who conduct the business 
 of the mint, are a director, a treasurer, an asscyer, a chief 
 coiner, an engraver, a melter and refiner. The director, 
 with the approbation of the president of the Uniied States, 
 employs the necessary clerks and workmen, and has the 
 chief management of the bu<?inpss of the mint. The 
 treasurer receives the metals brought to be coined, and 
 gives receipts for the same. The assayer receives 'rem 
 the treasurer a sufficient number of grains of every pr r- 
 cel, and assaj/;^ them. This is a process to ascertain the 
 quantity of gold or silver in the alloy. Alloy is a com 
 position formed by the combination cf two or more met- 
 als. To alloy means to mix a metal of less with one of 
 more value. The baser metals are used to alloy gold 
 and silver coins, to prevent their loss by wear. The 
 
 of coining money? 309. What officers and persons aroemplo3'ed 
 in the mint? What is the business of a director? Of a trea.'^iTror? 
 Qi an a-ssaverl Of a chief coiner'' Of an engraveiv? Of a raeUer.- 
 
 K
 
 130 OOTERNMENT OF THE U. STATES. Part III. 
 
 treasurer delivers the assayed metals to the chief coiner, 
 from whom he receives them when struck, and pays or 
 xlelivers them to the persons to whom they are to be de- 
 livered. He also keeps all moneys for the support of tho 
 mint, and pays them out upon warrants signed by the 
 director. The chief coiner causes to be coined, all metals 
 received by him for that purpose. The engraver sinks 
 and prepares the dies with the proper devices and inscrip- 
 tions. The inciter and refiner takes charge of all copper, 
 or silver and gold bullion delivered out by the treasurer 
 after it has been assayed, and reduces them into bars or 
 ingots fit for the rolling mills. Bullion is uncoined gold 
 or silver in plates, bars or masses. 
 
 310. The proportional value 0/ gold to silver in all 
 coins by law current as money in the United States, fixed 
 by act of congress of April, 1792, was as fifteen to one: 
 that is to say, fifteen pounds of pure, silver were equal in 
 value to one pound of pure gold. By the same act, the 
 standard for gold coin was eleven parts of pure gold to 
 one part of alloy, the alloy to be composed of silver and 
 copper, not exceeding one half silver. The standard for 
 silver coins was one thousand four hundred and eighty- 
 five parts of silver, to one hundred and seventy-five parts 
 of alloy, the alloy tobev/holly of copper. 
 
 311. By the acts of 1834. the proportional and standard 
 values were changed. The value of gold coins of the 
 United States, at present, is as sixteen to one of silver , 
 the comparative value having been increased about six 
 and a half per cent. The eagle of the old coinage, 
 consequently passes for about $10,66; and a new- 
 eagle contains only a quantity of gold that was formerly 
 valued at S9,34. Foreign gold coins are made lawful, 
 according to their real value, by the same standard with 
 our owx). The dollars of Spain, Mexico, and the South 
 
 and refiner? What is <dlmi7 What k bullion? 310. What was for- 
 merly the proportional value of e;old to silver in coins current a.<i 
 money in the United States? 311. What is the pr.;sent proportiona! 
 rulue of gold to silver? Kow is the value ui fcsreign gold aud
 
 Chap. XVII. COtJNTEUFElTING, &C. 181 
 
 American states, are lawful at the same value with out 
 own dollars. The five franc pieces of France, are lawful 
 at 93 cents each. 
 
 312. With the power of coming money, congress ne- 
 cessarily possesses power " to provide for the punishment 
 of counterfeiting the public securities and current coin 
 of the United States ;" for without this power, the power 
 to coin money would be unavailing. 
 
 313. The counterfeiting or debasing of current 
 coin, is deemed an aggravated ofTence, and is punished 
 with heavy penalties. If an officer or person employed 
 at the mint of the United States shall debase, or make 
 worse, any gold or silver coin, as to the proportion of fine 
 gold or fine silver, or shall make the same of less weight 
 or value than it ought to be, with a fraudulent intent, or 
 shall embezzle any of the metals left at the mint to be 
 coined, the offender shall be guilty of felony, and impris-^ 
 oned at hard labor, not less than one year, nor more than 
 ten years, and fined not exceeding ten thousand dollars. 
 
 314. If a person shall falsely make, counterfeit, or 
 fraudulently pass, any coin in resemblance of the gold or 
 silver coin of the United States, he shall be liable to a 
 fine not exceeding five thousand dollars, and imprisonment 
 at hard labor, not exceeding ten years, according to the 
 aggravation of the offence. For counterfeiting copper 
 coin, he shall be liable to a fine not exceeding one thou- 
 sand dollars, and imprisonment not exceeding three years. 
 For falsifying, or lightening, for the sake of gain, any 
 gold or silver coin, in actual use as mouey, imprisonment 
 not exceeding two years, and fine not exceeding two 
 thousand dollars. 
 
 31.5. If a person shall counterfeit, or aid in falsely ma- 
 king, a bill or order on the bank of the United States, or 
 pass, or attempt to pass the same, he shall be im.prisoned 
 
 silver e.stablished by law? 312. Where is the power to punkh the 
 coiuiterfeiiing ol coin &c. vested? 3)3. What is the punishment 
 for debasing coin at the mint? 314. What U r counlerlciting. fal- 
 sifying or lightening gold and silver coin? For covmterfeiting cor- 
 pse «om? 315. What is the penalty for counterfeiting United
 
 132 GOVERNMENT OF THE V. STATES, Part Ilf. 
 
 not less than three, nor more than ten years, and fined not 
 exceedino- five thousand dollars. If a person shall en- 
 o-rave, or have in his possession an engraved plate, with the 
 intent of using the same in counterfeiting notes of the 
 said bank; or if he shall have in his possession blank- 
 notes or bills to be used for this purpose, he shall be im- 
 prisoned not exceeding five years, and fined not exceeding 
 one thousand dollars. 
 
 316. Fines and penalties similar to the above, are 
 inflicted upon persons who shall counterfeit or forge any 
 public security, treasury note, deed or power of attorney, 
 certificate of public stock, or other writing relative to the 
 business of the United Siates. 
 
 317. Although congress has the power "to fix the 
 standard of weights and measures;" and, though itv/ouid 
 seem necessary that this power should be exercised ex- 
 clusively by congress, in order to produce imiibrmity 
 throughout the United States; that body has not yet 
 leo'islated on the subject. Each state, thereiore, retaui* 
 the ri'jht to adopt and regulate its own standard. 
 
 CHAPTER XVIII, 
 
 Promotion of Science. — Copi/ Righl<: and Patents. 
 
 318. Among the powers delegated to congress, is the 
 power " to promote the progress of science and useful arts, 
 by securing, for limited' times, to authors and inventors, 
 the exclusive right of their respective wruings and dis- 
 coveries." This power did not exist under the confedera- 
 tion ; althoug-h its utility has never been disputed. The 
 right of property of authors and inventors in their works. 
 
 State-? bank notest 316. What are the peaalties for count£rfeiting 
 ITni'ed States spcuritities, notes, &c. 317. How ls the standard ot 
 weights and measures reefulaled? 
 
 318. What is thegranting ef copy rights and patents intended u>
 
 Chap. XVIIl. PROMOTION OF SCIENCE. 133 
 
 had, before the revolution, been decided to be a common 
 law right, and had been secured to them, for limited times, 
 by acts of parliament. This provision seems to be in 
 accordance with the dictates, as well of policy as of jus- 
 tice. For, without an appropriate reward, there would 
 be little to induce authors to prepare elaborate works for 
 the public. While, therefore, a piofit is secured to the 
 inventor, the public is no less benefited by the disclosure 
 of the secrets of the discovery. 
 
 319. By acts of congress, the right of the monopoly is 
 limited to a period of fourteen years. The term of a copy 
 right, whi'^h was formerly fixed at this period, was, in 
 1 831, extended to twenty-eight eight years This provis- 
 ion is deemed a sufficient encourag'ement to genius. Some 
 of the states, prior to the adoption of the constitution, had, 
 by legislative acts, favored certain discoveries; but as the 
 effect of these laws was confined to the limits of a single 
 state, and as the authors and inventors were subjected to 
 the varying laws of the different states, the privileges con- 
 ferred by the state laws were of little value. 
 
 320. To secure the exclusive right to frivt and sell 
 any book, map or chart, the author or proprietor is requir- 
 ed to deposit a printed copy of the title thereof, in the 
 clerk's office of the district court where the author or 
 proprietor resides. The clerk records the title in a book 
 kept for that purpose, and gives to the author, under the 
 seal of the court, a copy of the record. For which rec- 
 ord, the clerk shall receive fifty cents, and the like sum 
 for every copy, under seal, given to the author or propri- 
 etor, or his assigns. 
 
 321. The author or proprietor is required, within three 
 months after the publication of the book, map or chart, to 
 deliver a copy of the same to the clerk of the district court. 
 The clerk is required, every year, to transmit to the sec- 
 retary of state of the United States, a list of all copy 
 rights deposited in his office. The author or proprietor 
 
 promote? 319. For how long a term is each granted? How was 
 the power to grant patent and copyrights exercised before the con- 
 stitution was adopted? 320, 321." How is a copy right oblaiiied?
 
 134 OOVfeRNMENT OF THE U. STATES. Part III. 
 
 !nust also cause to be printed on the title pag-e, or pag'e 
 immediately following, of everj'- copy of the said book, if 
 it be a book, or if it be a map or chart, on the face thereof, 
 the following' words : " Entered according to act of con' 
 gress, in the year by in the clerk's 
 
 office of the district court of ." 
 
 322. At the expiration of the term for which a copy 
 rifirht shall have been secured, such right shall be contin- 
 ued for the further term of fourteen years, provided that 
 the title of the work be again'recorded, and that all other 
 regulations of the law with regard to original copy rights 
 be complied with, within six months before the expiration 
 of the first term. In all cases of renewal of a copy right, 
 the author or proprietor must, within two months after 
 the renewal, cause a copy of the record to be published 
 in one or more newspapers printed in the United States, 
 for the space of four weeks. 
 
 323. If any person, after the title of a book, map, chart 
 or engraving, shall have been duly recorded and publish- 
 ed, shall cause the same to be printed or published, with- 
 t)ut the consent of the author in writing, signed in tlia 
 presence of two or more witnesses, the offender shall for- 
 feit every copy of the same, to the author or proprietor: 
 and he shall further forfeit, if it be a book, fifty cents, or 
 if it be a map, chart or engraving, one dollar-, for every 
 sheet found in his possession, or printed, or exposed to 
 sale; one half thereof to the proprietor who shall sue for 
 the same, and the other half to the United States. Any 
 person who shall print or publish the manuscript of an 
 author or proprietor, without his consent, as before men- 
 tioned, shall be liable to the author for all damages sus- 
 tained by the injury. 
 
 321 If any person shall print or publish any book, and 
 print therein, that the same has been entered according to 
 act of congress, without having legally acquired a copy 
 right, he shall forfeit one hundred dollars. 
 
 :^i■2. In what manner is the renewal of a copy ri^hi effected T 
 32;i What are the penahies for infringing a copy right? 324. What 
 is the penalty for falsely printing in the book that the title has beeU
 
 Chap. XVIII. PROMOTION OF SCIENCE. 135^ 
 
 325. To secure an e.Kclusive right to make, use and sell 
 any new and useful invention, the inventor must allege 
 that he has invented a new and useful art, machine or 
 m;inuf:icture, not kaown or used before the application, 
 and must present a petition to the secretary of state, for 
 an exclusive property in the same. The secretary of 
 state then causes letters patent to be made out, in the name 
 of the United States, signed by the president, reciting the 
 allegations and suggestions of the petition, giving a short 
 description of the invention or discovery, and granting to 
 the petitioner, for a term not exceeding fourteen years, 
 the sole right to make and vend the said invention or dis- 
 covery. These letters patent are delivered to the attorney 
 general of the United States to be examined; who, within 
 fifteen days, if he finds them conformable to the law, 
 certifies to the same, at the foot thereof, and returns them 
 to the secretary of state. The secretary of state presents 
 the letters patent thus signed, and causes the seal of the 
 United States to be affixed to them. They are then re- 
 corded in a book for that purpose, in the office of the 
 secretary of state, and delivered to the patentee, or his 
 order. 
 
 326. Patents may, in a similar manner, be obtained by 
 s.ny person (or an improveme7ii in an invention ; but he' 
 may not use the original invention, nor may the original 
 inventor use the improv^ement. When the patent is for 
 an improvement, the nature and extent of the same must 
 be stated in the specification. 
 
 327. Every inventor, before he presents his petition to 
 the secretary of state, must pay into the treasury thirty 
 dollars. He must also swear or affirm, that he verily be- 
 lieves that he is the true discoverer of the art or improve- 
 ment for which he asks a patent ; and that the same has 
 not, to his knowledge, been known or used, either in this 
 or any other country. If it shall appear, that such inven- 
 
 eniered? 325. What is required of an inventor to secure a patent 
 right? How are letters patent made ou^? 3'3tj. How are patents 
 for improvements obtained? 3-27. How much is paid for a patem 
 jighil What oa'.h L> reqtiired of an applicant? 328. What is the
 
 '3 6 GOVERNMENT OF THE V. 8TATE8. PuTi 111. 
 
 tion luui been known or used previously to Ills application 
 ior d pa.lt'nt, the patent shall be void. 
 
 32-3. Any person who shall make, use or sell any 
 inviiution, the right of which is secured to a patentee, 
 sfj.i!! forfeit a sum equal to three times the actual damage 
 sustained by the patentee, by reason of the oiTence. if. 
 however, it shall be proved, that there was in the speciti- 
 catio'i any false statement, made to deceiv^ethe public, or 
 thatihe thing thus secured was not first discovered by the 
 patentee, or that the patent was surreptitiously obtained 
 for the discovery of another person, judgment shall be 
 rendered for the defendant. Prosecution for the violatioa 
 ol patents and copy rights must be made in the circuit 
 court of the United States. 
 
 329. Patents ant. copy rights may be assigned and 
 transferred to others j and the assignees have ail the 
 rights secured to the original parties. Rights may be 
 obtained by the heirs of inveuiors who have died before 
 such riirhts were obtained. 
 
 CHAPTER XIX. 
 
 Piracy — Felonies on the High Sea^, <^'C. 
 
 "!^n The power "to punish piracies and felonies com- 
 .mitted n-i the high sea.s, and oilences against the law of 
 nations," is, from its very nature, vested exclusively in 
 '•ongress. Pirary is the crime of robbery and depreda- 
 tion committed upon the high seas. It is an offence 
 agninst the universal law of society, a pirate being hostile 
 to the human race ; and as he has renounced all the ben- 
 efits of society and government, by declaring war against 
 all mankind, all mankind niust declare war against him. 
 
 penalty for a violation of a patent riprht? .329. Are patents and 
 cupy i-igh(s iransfcrrable? 3J0. Where is the power to punL^h
 
 Chap. XIX. PIKACY AND FELONIES. 137 
 
 As it is an offence against the law of nations, every nation 
 has a right to attack and exterminate pirates, without any 
 d^'claration of war. 
 
 331. By statutes, both in England and in the Unitfd 
 States, certain offences are made piracy. Bv tiie laws of 
 the United States, if a person commit, upon the highseaf, 
 out of the jurisdiction of a state, murder or robbery, or . 
 any otfier offence which, if committed in the body of a 
 county, would, by the laws of the United States, be pun- 
 ishable with death. It is declared, further, that if a cap- 
 tain or miriner of any vessel shall feloniously run away 
 with the vessel, or any goods or merchandi;?e to the valu-* 
 of til'cy dollars, or shall yieid up a vessel voluntarily tv' 
 pirates; or if a seaman shall lay violent hands upon his 
 commander, to prevent him from defending- the ship o" 
 goods commiited to his trust, or shall make a revolt in 
 the ship; every such offender shall be adjudged a pirate 
 and fflon, and be punishable with death. 
 
 332. The At'i"ican slave trade, which was tolerated for 
 many years after the constitution was adopted, was, in 
 182J, ffleclared piracy. If a citizen of the United States, 
 being of the crew of anv vessel owned in whole, or in 
 part, by a citizen of the United States, shaji be engaged 
 in the foreign slave trade, he shall be adjudged a pirate, 
 and suffer death. 
 
 333. The transportation of slaves froin the United 
 States, by citizens of the United States, to any foreign 
 country, was prohibited by acts of March 1794, and May 
 181);). Bui as the importation of slaves was authorizeJ 
 by the constitution until 1808, no law prohibiting their 
 imfiortation, co-ild be passed by congress, to take effeet 
 before thnt time. 
 
 334. By the law of March, 1807, it was prohibited 
 under severe penalties, to import slaves into the UnUed 
 States, after the first of January, 1«08. In 1818, to pra- 
 
 piracv vested? What is piracy? 331. What acts are declared pi- 
 racy by the laws ol' the Uiiiicd Siaies? 33-J. When wa:^ ihe sifivc 
 tra(ie declared piracy? 333. When were the pxporiatimi and iin- 
 portalion of slaves respectively pruhibiied! 334. Whai is proviucd
 
 138 tetoVfeRNMENT OF tlife U. STATES. ^art Ilf. 
 
 vent all concern in the trade, on the part of our citizens-, 
 they were forbidden to carry slaves on freight, or from 
 "■one port to another of the same foreign empire, as well 
 as from one foreign country to another. The act of 
 March, 1819, went further, and authorized national armed 
 vessels to be sent to the west of Africa, to stop the slave 
 trade, so far as citizens or residents of the United States 
 were engaged in it; and their vessels and effects were 
 made liable to be seized and confiscated. The act of 
 May, 1820, went still further, and declared, that if any 
 vessel, armed or navigated for or on behalf of a citizen 
 •of the United States, should land on a foreign shore, and 
 ■Seize a negio or mulatto, with intent to make him a slave, 
 or should decoy, or forcibly bring such negro on board 
 such vessel, he should be adjudged a pirate, and should 
 be punishable with death. 
 
 335. If a person, upon the high seas, within the admi- 
 ralty jurisdiction of the United States, and out of the 
 jurisdiction of a particular state, shall murder, or other- 
 wise so injuTe any other person, that he shall afterv/arda 
 die upon the land, the offender shall suffer death. [/ a 
 person shall wilfully destroy, or aid in destroying, a ves- 
 sel of war of the United States on the high seas ; or if, 
 being the owner of such vessel, he shall corrCiptly cast 
 away, or aid in destroying the same, with a design to 
 prejudice any person that has underwritten a policy of 
 aiisiirance, he shall siifler death. 
 
 33(). For maliciously attacking a vessel with intent to 
 plunder the same, the offender shall be punished by atina 
 not exceeding fi^'e thousand dollars, and imprisonment not 
 exceeding ten years. Numerous other crimes committed 
 within admiralty jurisdiction, are punishable by fine and 
 imprisonment, in proportion to the aggravation of th« 
 offence. 
 
 337. If a persun, within a fort, arsenal, navy yard, of 
 ■mnaazine, -shall burn a dwelling house, store, barn or 
 
 hj the several acts of 1807, 1818, 1R19, 18-20? S.l"^. What oSencos, 
 'ii].i:in the bi.^li >ea.s wiihin iulini:a!ty jm-isrliction, are punishable 
 «iih drath? 33G. What offences by fine and imprisonment? 337.
 
 Chap. XlX. PIRACY AND FELONIES. 139 
 
 Other building, he shall be punishable with death. There 
 are other crimes which, if committed within any territory 
 over which the United States have jurisdiction, are pun- 
 ishable with fine and imprisonment. All offences enu- 
 Hierated in this chapter must be tried in courts of the 
 United States. 
 
 3Ij8. Offencea agdinst the law of nations, are, besides 
 piracy, violations of safe conducts or passports, and in- 
 fringements of the rights of ambassadors and other for- 
 eign ministers. A safe conduct contTins a pledge of tha 
 public faith, that it shall be duly respected ; and the ob- 
 servance of this duty is essential to the character of the 
 government which grants it. An ambassador cannot be 
 made answerable in a court of justice. Any writ or 
 process issued against an ambassador, is void. If he 
 commit an offence he must be sent home, to be punished 
 by the laws of his own country. 
 
 339. The statute law of the United States provides, in 
 furthering the general sanction of the public laAV, that 
 persons who violate passports, shall be imprisoned, ncjl 
 exceeding three years, and fined at the discretion of the 
 court. The like punishment is inflicted upon persons 
 who infringe the law of nations by offering violence to 
 public ministers, by being concerned in prosecuting or 
 arresting them. This is an offence highly injurious to a 
 free and liberal intercourse between different governments, 
 and mischievous in its consequences to a nation ; as it 
 tends to provoke the sovereign whom the minister repre- 
 sents, and to bring upon the country in which he resides, 
 the calamity of war. 
 
 What offence on land, within U. S. jurisdiction, is punished "Biih 
 death'.' In what comns are these offences tried? 338. What artj 
 ofFences against the law of nations? What does a passport or safe 
 conduct contain? Wiiat privilege has an aniba-^sador? 339. How 
 are ihesie offences punished?
 
 140 GOVERNMENT OT THE V. STATES. Part III. 
 
 CHAPTER XX. 
 
 Of War. — Letters of Marque and Reprisal — Captures — 
 Army and Navy. 
 
 340. Congress has exclusive power "to declare war, 
 grant letters of marque and reprisal, and make rules con- 
 cerning captures on land and water." That self preserv- 
 ation, or the right of self-defence, is the first law of nature, 
 is a principle that has received the common assent of 
 mankind. If this principle be a just one, it is the right 
 of every nation to adopt all necessary regulations to resist 
 the aggressions of other nations. Upon this principle, 
 the power has been given to congress to declare war. A 
 just defence, or making use of force against any power 
 that attacks a nation or its privileges, is defcJisive war. To 
 attain justice by force, if it cannot be otherv/ise obtained, 
 or to pursue our right by force of arms, is offensive war. 
 
 341. But there are cases which, according to the law 
 of nations, constitute justifiable causes of war, when nei- 
 ther good policy, nor a regard for the national honor, 
 requires such a measure. War is at all times attended 
 with great evils; and the dictates, both of wisdom and 
 humanity, forbid a recourse to war, except in extreme 
 cases. The true honor and dignity of a nation ire not 
 most effectually sustained by immediate resort to arms 
 upon every occasion of real injury. 
 
 342. The ancient practice of formally communicating 
 to the enemy a declaration of war, before hostilities are 
 commenced, is not in use. Such declaration is now mada 
 only to the nation that proclaims it. The power to de- 
 clare war is, in some countries, exei'cised hy the king. In 
 the United States, it is more properly, as well as more safe- 
 ly, entrusted to congress. 
 
 two. Where is the power to declare war, &c. vosled? Upon whal 
 principle is ihe right of resistance founded? What is defensive 
 war? What i.s o^ewsh-e war? 341. In what cayes only, if any, -. 
 should a nation resort lo warl 342. How ii a decluraiion of war •
 
 Chap XX. DEFENCE OF THE NATION. 141 
 
 343. The power of issuing letters of marque and re- 
 prisal, is also given to congress. Marque signifies pas- 
 sing the frontier ; re;?ri,sfl,/, the taking in return. Letters 
 of marque and reprisal are given to authorize the subjects 
 of a nation who have been injured by those of another 
 nation, to seize the bodies or goods of the citizens of sucli- 
 o.ffending nation, wheresoever they may be found, until 
 satisfaction be made. This, however, properly belongs 
 to the government, as a single individual, were he at lib- 
 erty to act as judge in his own case, might, at his own 
 pleasure, involve the whole nation in war, in seeking to 
 redress his private injury. 
 
 344. Connected with the power of declaring war, is the 
 power of making rules cancer aing captures. According 
 to the law of nations, no individual has any interest in a 
 prize, whether made by a public or private armed vessel, 
 but what he receives under the grant of the government. 
 The general practice is, to distribute the proceeds of the 
 captured proj)erfy, when duly passed upon, and condemn- 
 ed as prize, among the captors, as a reward for bravely, 
 and a stimulus to exertion. But the courts have no pow- 
 er of condemnation, until the legislative will is expressly 
 declared. 
 
 34.5. The district court of the United States has cogni- 
 ■ zance of complaints in cases of capture made within the 
 United States, or within a marine league of the coast or 
 shore thereof It has also exclusive cognizance of all 
 seizures on land, and on waters other than those naviga- 
 ble by vessels of ten or more tons burthen, within their 
 respective districts, or on the high seas. War gives a 
 nation the right to take the persons, and confiscate the 
 property of its enemy, wheresoever they may be found. 
 
 346. The power "to raise and support armies," and 
 "to provide and maintain a navy," is a power incident to 
 
 made? Who declares war in the United S'ates? 313. What arc 
 liters of marque and repriml? For what purpcse are they sframed? 
 Why is the power to issue them given to the goverunient? 344. 
 What are captures? Whence is the right to prizes obtained? How 
 are they generally di.stributjd? And whenl 345. Before what 
 coiun are trials for prizes had? What rights does war give a iia-
 
 142 GOVKRNMEXT OP THE U. STATE?. Part III. 
 
 the power of declaring war, and o( providing for tho 
 common defence of the nation; and necessarily includes 
 the power " to make rules for the government of the land 
 and naval forces." 
 
 ■ 347. It is the general policy of nations, in times of 
 peace, to prepare for war. A constant preparation for 
 self-defence is deemed the most certain means of prevent- 
 ing the attacks of an enemy. One of the means provided 
 by congress for the defence and safety of the nation, is a 
 standing army. A standing army is a large number of 
 armed soldiers, kept constantly in pay, and ready for ac- 
 tion, in peace as well as in war. The standing army of 
 the' United States consists, at present, of about six thou- 
 sand men, who are distributed among the several forts 
 and arsenals. 
 
 348. But standing armies are by many looked upon 
 with great jealousy, as dangerous to liberty. History 
 furnishes many instances in which nations have suffered 
 great injury from standing armies, and have been even 
 destroyed by them. But the distance of this continent 
 from the powerful nations of Europe, prevents the neces- 
 sity of keeping up a large and dangerous peace establish- 
 ment. 
 
 349. A navy, is generally supposed to be a safer, as 
 well as a more effective means of national defence. A 
 navy means the ships of war that belong to a nation. 
 With the exception of a few jears, it has ever been the 
 policy of the government to support an efficient navy. In 
 1801, congress ordered all the vessels, except thirteen, to 
 ba sold : those not directed to be kept in service in time of 
 peace, were to be laid up. In 180.5, so much of the act 
 of 1803, as required a certain number of frigates to be 
 kept in service, was repealed ; and the president was au- 
 thorized to keep in actual service in time of peace, as 
 
 lion? 346. Where is the power to rai.se and support armies vested? 
 ^7. Why is a preparation (or self defence nece.ssary'f What is a 
 ilanding army? How large is that of the United States? 348. How 
 are standing armies regarded by many? 349. What other mean.^ 
 national defence exist? What m a Tuity? What has been ike
 
 •Chap. XXI. DErBNCB OF TUB JTA-TIOir. US 
 
 many frigates and other vessels as might be neceseary. 
 and the remainder were to be laid up. A species of ves- 
 sels, called gun boats, had been introduced, of which 
 there were ordered to be built and purchased, during the 
 period from the year 1803 to the year 1807, two hundred 
 and seventy. Since that period, the navy has received due 
 attention, and large appropriations have, from time to time, 
 been made for its increase. 
 
 350. The strength of the navy of the United States in 
 1S34, was as follows: 7 ships of the line, of 74 guns; 7 
 frigates of the first class, of 44 guns ; 3 frigates of the 
 second class, of 36 guns ; 3 sloops of war, of 24 guns ; 
 13 sloops of war, of 18 guns; and 67 schooners, of IS 
 guns; making, in all, 41 vessels. There were then build- 
 ing 5 ships of the line, of which one would carry l-iQ 
 guns, and 7 frigates. 
 
 CHAPTER XXI. 
 
 Of the Mililia. 
 
 351. The surest means of national defence lies in the 
 power of congress " to provide for calling forth the militia 
 to execute the laws of the union, suppress insurrections, 
 and repel invasions;" and in the power "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." This power the constitu- 
 tion gives exclusively to congress ; reserving to the states, 
 respectively, the appointment of the officers, and the au- 
 thority of training the militia, according to the discipline 
 prescribed by congress. 
 
 policv of the government with regard to a navy? 350. Whati sthe 
 present strength of the na\'y of the United Slaies7 
 351. What is deemed the surest mean ^J oiaational defence? How
 
 144 GOVERNMENT OF THE U. STATES. Part III' 
 
 352 It is doubtful whether a constitution would have 
 been adopted that placed the military force wholly under 
 the orders of the national rulers. To attain uniformity 
 in the organization and discipline of the militia, it was 
 necessary that its regulation should be entrusted to the 
 general government. The reservation to the states of the 
 pov/er to appoint officers, and to train the militia, while it 
 left still in the hands of congress all necessary power on 
 this subject, was deemed an essential restriction, in order 
 to guard against the usurpation and abuse of this power 
 by the general government. 
 
 353. The president is commander-in-chief of the mili- 
 ti;i when called into the actual service of the UnitedStates: 
 v/hen not in actual service of the nation, the militia is 
 commanded by the governors of the states, and subordin- 
 ate officers. The president has, by law, the power to call 
 out the militia, whenever he shall judge it to be necessary, 
 to repel invasions, or to suppress insurrections, within the 
 United States; and he is to be the sole judge of the exis- 
 tence of the emergency requiring the militia to be called 
 into service. 
 
 354. • To those who object to thus placing the militia at 
 the disposal of the president, it mast be replied, that this 
 power is to be exercised upon sudden emergencies, and 
 when the action of congress may not be readily obtained . 
 Neither is it a valid objection that Xhc power may be 
 abused ; for all powers, by whomsoever exercised, are 
 susceptible of abuse. The responsibility of the executive 
 to the people, and tiie watchfulness of their representatives, 
 are deerned sufficient security against usurpation or tyr- 
 anny. 
 
 355. The militia, when called out, arc subject to the 
 rules of war ; and the law imposes a fine upon every de- 
 
 fap does the power of congress on this snbjoct pxtcndT 352. What 
 is reserved to the sla'esl Why is this division of power roader 
 3ii3. When is the president commander-in-chiel .' Wiio commands 
 the miliiia at other times? Who is authorized to call out the mili- 
 lial On -whit occasions? 354. Why is this power given to the 
 ••tecutive? 355. Wiiat persons are liable to do miluary duty?
 
 Chap. XXI. PEFENCE OF THE NATION. 145 
 
 Hnquent, to be adjudged by a court martial composed of 
 militia officers only, and held in the manner prescribed by 
 \h '. articles of war. Every free able bodied white male 
 citizen, of the age of eighteen, and under forty-five years, 
 is liable to do military duty, except such as are by lav/ 
 e.^empted from the same. 
 
 3>6. The law prescribes the manner in which the mi- 
 litia is to be organized, armed, disciplined and governed ; 
 and provision i.:> also made for drafting, detaching, and 
 cilling forth the qwotas, or shares, to be furnished by the 
 respective states, when required by the president. 
 
 oo7. Persons exempted by the law of the United States 
 are, the vice president, and all executive and judicial offi- 
 cers of the government of the United States ; mem.bers of 
 both hous3S of congress, and their respective officers ; all 
 custom-house officers, with tiieir clerks ; post officers and 
 drivers of mail stages; ferry-men employed at ferries on 
 post roads; all pilots and mariners; together with all 
 other persons who may be exempted by the laws of the 
 respective states. 
 
 358. The militia, when called into the actual service 
 of the United States, are not considered to be in that ser- 
 vice, until they are mustered at the place of rendezvous • 
 until that be done, a state has a right, concurrent vvith the 
 United States, to punish their delinquencies : but after the 
 militia shall have been thus mustered into the service of 
 the United States, their character is changed from state to 
 national militia, and the authority of the state government 
 over them ceases. 
 
 350. The militia is organized, by their formation into 
 bodies of men, and the denomination and rankof oflicers, 
 which is done by congress. Congress also prescribes 
 the manner of arjiiing the infantry, cavalry, artillery, and 
 
 Plow are delinquents adjudged. 356. By what i.s the government 
 di-afiing, &c. of the rnibtia prescribed? ?>bl. Wha^ persons are 
 ■exempt from duty by tlie laws of the United Sia'e.s? 358. When i,s 
 the militiato be considered in the service of the United States' 
 35!). What is meant by organizing, arming, and diseiplining the
 
 146 GOVERNMENT OF TUE V. STATES, Part III. 
 
 Other descriptions of force : as also the mode in which 
 they shall be disciplined; that is, the system of exercise 
 in which they shall be instructed. 
 
 CHAPTER XXII. 
 Of the Post Office. 
 
 360. Congress has power " to establish post officcf 
 and post roads." The general object of this power is to 
 provide for facilitating the transmission of intelligence, 
 and for promoting a free and easy intercourse among the 
 difterent parts of this union. 
 
 361. A general post office wa.s established by the colo- 
 nial congress, as early as the year 1?75. lil^e laws by 
 which it has been regulated, h#ve been changed, from 
 time to time, as improvements ^re .suggested, and the 
 increase of its business demanded. 'The business of the 
 general post office is under the supervision ol' a post' 
 master general. This officer has,,for the last few years, 
 been considered a member of the president's cabinet ; and 
 the general post office is spoken of as being. an auxiliary 
 executive department. ^ . ,."• r 
 
 362. The post master g3neral has the direction of the 
 affairs of the department ; he has two assistants, and such 
 clerks as may be necessary to perform the business of his 
 office. He establishes post offices, an4 appoii;A. pest 
 masters, and all other .pirsons eniploye4^4n any fi the 
 departments of the general post office, eiii'S'gives instruc- 
 tions relative to their dnties. He provides for carrying 
 the mail on all post roads, as often as he may think prop 
 er ; and he pays all the expenses of the department. 
 
 3(30. What is the object of the power to establish pasi o^cet. and 
 post roatis? "61. What is the chief officer of the general post 
 office called? 3C2. What are his duties? 3C3. Hoav are contracts
 
 Chap. XXII. or the post office. 147 
 
 363. Contracts for the transportation of the mail, are 
 made as follows : 
 
 The post master general gives twelve weeks previous 
 notice, in one newspaper published at the seat of govern- 
 ment, and ]n one or more in the state in which contracts 
 are to be made for transporting the mail, that such con- 
 tracts are to be made. Those who wish to engage to trans- 
 port the mails on any of the routes advertised, send their 
 proposals to tlie post master general, stating the lowest 
 sum for which they w-ill agree to carry the mail. He 
 that proposes to carry /or the least sum, has the contract. 
 
 364. The rates at which letters, newspapers, pamphlets, 
 6lc. are carried, are established by law, and are as fol- 
 lows : 
 
 For every letter composed of a single sheet of paper, 
 not exceeding thirty miles, six cents : ipver thirty, :aot ex- 
 ceeding eighty, ten cents : o\-er eighty, not exceedins: one 
 .hundred and iifry, twelve and a half cents : over one hun- 
 dred and fifty, not exceeding four hundred, eig.hteen cents 
 and three fourths : over four hundred, twenty-five cents. 
 
 For every double letter, or letter composed of two pie- 
 ■ 3 of paper, double those rates : for every triple letter, 
 three tinits iho.se rates ; and for every packet of four or 
 more pieces of paper, and weighing one ounce, four times 
 those rates ; and in proportion for all greater weights. 
 No packet of letters transported by water mails, are 
 charged with more than quadruple postage, unless the 
 same contain more than four letters ; and no post master 
 may put into the mail any packet of more than three 
 pounds weight. 
 
 365. Every four folio pages, or eight quarto, or sixteen 
 octavo, or twenty four duodecimo page.s, or pages of less 
 size than that of a pamphlet or magazine, are considered 
 a sheet. . The rates of postage on newspapers, pamphlets, 
 magazines, &c. are as follows : 
 
 made for the transpcrlatjon of the mail? 3G4. Ai what rates are 
 
 single letters carried bj- mail? Double letter.s? Triple letters? 
 
 When a packet contains four or more pieces of paper? 365. How 
 
 any printed pages are considered a sheet? What are the rates
 
 148 GOVERNMENT OF THE V. STATES. Part III. 
 
 On every newspaper carried any distance within the 
 state, the postage is op.e cent : if carried over one hundred 
 miles, and ovit of the slate in which it is mailed, one cent 
 and a half 
 
 On periodical pamphlets and magazines, such as arc 
 issued in ninnbers at regular ititervals, carried not over 
 one hundred miles, one and a half cents a sheet ; over one 
 hundred miles, two and a half cents. 
 
 366. Any memorandum or writing on a nev.'spaper 
 transmitted by mail, is charged with Ittter postage: but 
 
 .the publisher of a newspaper may send a printed or writ- 
 ten notice to a subscriber, stating the amount due on his 
 subscription ; for which notice there shall be charged the 
 Fame postage as for a newspaper. 
 
 367. The following ofiicers are allowed to send and to 
 receive their letters and packets free of postage : 
 
 Every post master, provided each oi his letters or pack- 
 ets shall not exceed half an ounce in weight: every mem- 
 ber of congress, provided each letter or pamphlet, (except 
 documents printed by order of congress,) shall not exceed 
 two ounces in weight, during his attendance in any ses- 
 sion of congress, and sixty days before and af;er such 
 session; and all the civil officers at the seat of govern- 
 ment: and each may receive a newspaper free of postage; 
 provided that no post master shall receiA-e, free of postage, 
 more than one daily newspaper, or what is equivalent 
 thereto ; and that no member of congress shall receive 
 newspapers, free of postage, after his privilege of frank- 
 ing shall have ceased. To frank, means;, to exempt a 
 letfer or packet from postage. The person entitled to this 
 privilege, writes on the outside of the letter or packet, 
 his name and office ; and the same is sent free. 
 
 Every printer of a newspaper may send one newspa- 
 per to every other printer of a newspaper, free of post- 
 ^ge- ^ 
 
 of postage on ne-w'spapers, pamphlets, and magazines? 366. What 
 is chars'ed on a paper on which there is a memorandum or wri- 
 ting! What privilege has a publi.sher of a newspaper? 367. What 
 oflicers may send and receive letters and packets free? and to what 
 extent? What is it to frank a letter or packet? What privile ge
 
 Chap. XXII. OF THE POST OFFICE. 149 
 
 368. At the end of every quarter, every post master i^ 
 required to publish in a newspaper, at or nearest the place 
 of his residence, for three successive weeks, a list of all 
 the letters remaining' in his office, or shall cause a num- 
 ber of such lists to be posted ud, in his vicinity ; and he 
 is required, at the expiration of the next three months, to 
 send such of the said letters as then remain on hand, as 
 dead letters, to the general post office, where they are ex- 
 amined ; and such of them as are found to contain any 
 matter of value, are returned to the writers thereof 
 
 869. Post masters are allowed as a compensation for 
 their services, a commission on letter postages by theirf 
 received, not exceeding the following several rates on the 
 anioiint received in one quarter : 
 
 On a sum not exceeding one hundred dollars, 30 per 
 cent ; 
 
 On any sum over and above the first hundred dollars, 
 and not exceeding four hundred, 25 per cent. : 
 
 On any sum over and above the first four hundred dol- 
 lars, and not exceeding two thousand four hundred, 20 
 per cent. : 
 
 On any sum over and above the first two thousand four 
 hundred dollars, 8 per cent. : 
 
 On moneys received for the postage of newspaper.'^, 
 magazines and pamphlets, a commission of 50 per cent. : 
 Post masters vv-hose compensation does not exceed five 
 hundred dollars a quarter, are allowed two cents for eve- 
 ry free letter delivered out of their ofiices. Whenever 
 the yearly emoluments of any post master exceed two 
 thousand dollars, over and above all the expenditures 
 incident to his office, the surplus is paid over to the de- 
 partment. 
 
 370. The post master general renders to the secretary 
 of the treasury, a quarterly account of all the receipts and 
 
 has the printer of a pnper? 3G8. Wlien, and in what manner, are 
 letters advertised? How are dead letters disposed of? 369. What 
 compensation do post masters receive for their services? 370. How 
 often are the accounts of the department settled? What is the post 
 master general's salary?
 
 150 GOVERNMENT OF THE U. STATES. Part III. 
 
 expenditures in his department. Returns are in like 
 manner made to the post master general, by all the depu- 
 ty post masters. The salary of the post master general 
 is $6000 a year. 
 
 CHAPTER XXIII. 
 
 District of Columbia — -Local Jurisdiction, Sec. 
 
 371. Congress has the power " 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 
 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, dockyards, and 
 other needful buildings." 
 
 372. The establishment of a permanent seat of gov- 
 ernment for the United States, after the treaty of peace 
 with Great Britain, received the early attention of con- 
 gress. In October, 1783, it v^-as resolved, that buildings 
 for the use of congress should be erected on the banks of 
 the Delaware. A few days later, it was resolved, that 
 buildings for a similar purpose should likewise be erected 
 on the Potomac, wath a view of reconciling ihe conflict- 
 ing wishes of the northern and southern states, by estab- 
 lishing two seats of government. In December, 1784, it 
 was further resolved that a district should be purchased 
 on the banks of the Delaware, for a federal town, and that 
 contracts should be made for erecting a house for the use 
 of congress and the executive officers, and suitable build- 
 ings for the residence of the president and the secretaries 
 
 371. Over what places has congress power to exercise exclusive 
 legislation? 372. What were the early measures taken by con- 
 gress respecting the location of the seat of government? How was
 
 Chap. XXIII. LOCAL JURLSDICTION. 15L 
 
 of the, several departments. But the appropriation of the 
 necessary fund for these purposes, requiring the assent of 
 nine states, was prevented by the southern interest. In 
 1700, a compromise was made, b}'^ which the friends of 
 Philadelphia, in consideration of having the seat of gov- 
 ernment at that city, during ten years, the time estimated 
 to be necessary for the erection of the public buildings, 
 agreed that the seat of government should be permanently 
 fixed on the Potomac. 
 
 373. The territory in which the seat of government is 
 located, is ten miles square. It was ceded to the general 
 government by the states of Maryland and Virginia, and 
 erected into a district, under the exclusive jurisdiction of 
 congress, by the name of the "District of Columbia^ 
 In the city of Washington, which is built near the centre 
 of the district, the necessary buildings are erected for the 
 accommodation of the general government, where its seat 
 v,-as established at the commencement of the present cen- 
 tury. It was in view of the acquisition of this terrritory, 
 that provision was made in the constitution for its govern- 
 ment. 
 
 374. It is obviously necessary and proper that congress 
 should possess supreme control at the seat of the national 
 government; and that the members of the general gov- 
 ernment should not be dependent on a state for protection 
 in the exercise of their duties. 
 
 375. As the inhabitancs of this district have placed 
 themselves under the government of congress, they have, 
 no voice in the election of representatives, nor of electors 
 of president and vice president. Although laws are from 
 time to time passed by congress for the government of 
 this district, these acts principally adopt the laws of Ma- 
 ryland and Virginia, as the law of the several portions of 
 the district ceded by those states respectively. 
 
 the question at length settled? 373. How large is the territory of 
 the District of Columbia? By what states was it ceded? In what 
 city is the seat of government? 374. Why is jurisdiction over the 
 territory given to congress? 375. What laws, principally, doe.s 
 congress adopt for the government of the territory? 376. Over
 
 152 GOVERNMENT OF THE U. STATES, Part Hi 
 
 376. It is equally necessarj'^ that congress should ex- 
 ercise like authority ov^er the Ibrts, arsenals, dock yarde, 
 and other property of the United States; as the public 
 money expended on such places, and the public property 
 deposited in them, require that they should be exempt 
 from the authority of the particular state in which they 
 are situate. 
 
 377. The power of congress to legislate exclusively 
 within any place ceded by a state, carries with it the right 
 to make that power effectual. Congress may provide, by 
 law, for the apprehension of a person who escapes from 
 such place, after^comitting a felony; for conveying hira 
 to or from any other place for trial or execution. Con- 
 gress may punish those for misprision of felony, who, out 
 of a fort, conceal a felony committed vvnthin it. To give 
 the United States exclusive legislation and jurisdiction 
 over any place in a particular state, there must be a free 
 cession thereof, for one of the purposes specified in the 
 foregoing clause of the constitution. Such jurisdiction 
 cannot be acquired tortiously, nor by occupancy with the 
 tacit consent of the'State. 
 
 378. When a plncejias been purchased by. the United 
 St:ites, for tJie erection of a fort, with the tonsent of the 
 state, the jurisdiction of the state ceases therein, and the 
 inhabitants of such place cannot exercise therein any civil 
 or political privileges un<:]er the laws of the state, as they 
 are not subject to such laws, nor bound to pay taxes im- 
 posed by their authority. 
 
 what other places has congress cxcln'^ive authorityf 377. What 
 right i.s necess-.xrily exerci-ed in the power of congress to exercj.^-^e 
 exclusive legii-Uiiion? 378. When docs the stale jurisdiction over 
 ceded territory cease?
 
 Chap. XXIV. MISCELLANEOUS POWERS. 153 
 
 CHAPTER XXIV. 
 
 Miscellaneous Powers of Congress^ 
 
 379. Congress has power "to declare the punishineJit 
 ol" treason." This power, is indispensable to the preser- 
 vation of the government ; and thongh it might have been 
 i.nferred from the power of self-defence, which every 
 government is presumed to possess; yet it is with great 
 propriety inserted in the constitution. 
 
 380. The constitution, with equal prQpriety, contains a 
 delinition of the crime, prescribes the proof requisite for 
 conviction, and restrains congress in punishing it. It 
 declares that treason against the United States shall con- 
 sist in levying war against them, or in adhering to their 
 enemies, giving them aid and comfort. The term, " lev- 
 ying war," is adopted from the English statute of treasons, 
 and has that sense in the constitution which it was under- 
 stood to have in the English statute, from which it was 
 borrowed. An assemblage of men, for a treasonable pur- 
 P'jse, such as war against the government, or a revolution 
 of any of its territories, and in a condition to make such 
 war, constitute^ a levying of war. 
 
 381. War can be levied only by the employment of 
 force; troops must be embodied, men must "be openly 
 raised ; but neither arms, nor the actual application of the 
 force to the object, are indispensably requisite. To march 
 in arms with a force marshalled and arrayed, committing 
 acts of violence, in order to compel the resignation of a 
 public officer, thereby to render ineffective an act Qif con- 
 arress, is hio-h treason. When war is levied, all who 
 perform a part, however remote from the scene of action, 
 being leagued in the conspiracy, commit treason. If ono 
 advise or command an overt act of treason, he is guilty 
 
 379. Why is the power of congress to puni.sh treas-on necesse^^? 
 380,381. In what does the cons! itulioTi declare treason to coiiSJst? 
 How is "levying war" defined! How is treason punished? 382. Is
 
 \5A GOVERNMENT OF THE U. STATES. Part III. 
 
 accessorily. Treason, by the laws of the United States, 
 is punishable v/ith death. 
 
 382. But a mere conspiracy to levy war is not treason. 
 A secret, unarmed meeting of conspirators, not in force, 
 nor in warlike Ibrm, though met for a treasonable purpose, 
 and enlisted, is not treason ; but these offences are high 
 misdemeanors. 
 
 383. In prescribing the prOof necessary for convic- 
 tion of treason, the constitution requires the testimony of 
 two witnesses to the same overt act, or the confession of 
 the offender in open court. 
 
 384. No attainder of treason shall Avoi'k corruption of 
 blood, or forfc-iture, except during the life of the person 
 attainted. Corruption of blood, by the common law of 
 England, signifies that a person attainted of felony, for- 
 feits his estate; and that he can neither inherit lands 
 from his ancestors, nor transmit them to his Ireirs. But 
 the constitution of the United States very properly pro- 
 hibits this illiberal and unjust practice; aiid in the exer- 
 cise of this power, congress has declared, that " no con- 
 viction or judgment shall work corruption of blood, or 
 anij forfeiture of estate ;" so that the forfeiture may be 
 omitted, eve?i,duri?ig the life of the offender. 
 
 385. Full faith and credit shall be given, in each state, 
 to the public acts, records and judicial proceedings of ev- 
 ery other state. And congress may, by general laws, 
 prescribe the manner in which such acts, recoidsand pro- 
 ceedings shall be proved, and the effect thereof. This 
 provision was designed to secure the rights of those who 
 are liable to suffer losses and injustice from the removal 
 of persons and their property into another state; as it was 
 to be presumed that cases of this kind would frequently 
 occur near the borders of states. Congress has, in the 
 e.verci.se of this power, prescribed the manner of authen- 
 ticating such records, and declared that they shall have 
 
 a mere ctfW5;jiracy to levy war treason? 383. What proof is required 
 to convifit of ireasijQ? 38i. How is the punishment of treason 
 ri";tricled? What is meant by corriiflion of blood? 38.5. What 
 <locs the confutation provide re.speciing the proof and effect of
 
 Chap. XXIV. MISCELLANEOUS POWERS, 155 
 
 such credit in every court within the United States, aa 
 they have in the courts of the state from which they are 
 taken. 
 
 386. New states may be admitted by congress into 
 the union. As the United States, at the time of the adop- 
 tion of the constitution, possessed a large national territory, 
 and as more might be acquired by cession or otherwise, 
 the power to form new states, and to admit them into the 
 union, was necessary; and it could not with propriety 
 have been vested elsewhere than in the national govern- 
 ment. But no new state may be formed or erected witii- 
 in the jurisdiction of any other state ; nor may any state 
 be formed by the junction of two or more states, or parts 
 of states, without the consent of the legislatures of the 
 sW.es concerned, as well as of congress. 
 
 387. Congress has power also to dispose of, and make 
 all needful rules respecting the territory or other property 
 of the United States. The pov/er of congress to exercise 
 authority over the territory ceded to the United States, 
 during the existence of the confederation, had been dispu- 
 ted ; an express grant of this power was therefore inserted 
 in the constitution. As the general government possessed 
 the right to acquire territory, it should also have the pow- 
 er to govern the same; as the territory so acquired does 
 not become entitled to the right of self-government, and 
 is not subject to the jurisdiction of any individual state. 
 But nothing in the constitution may be so construed as to 
 prejudice any claims of the United States, or of any par- 
 ticular state. 
 
 388. The Uiiited States are bound to guaranty to every 
 state in the union, a republican form of government; and 
 to protect each of them against invasion ; and, on applica- 
 tion of the legislature, or of the executive, (when the 
 legislature cannot be convened,) against domestic vio- 
 lence. Without this guaranty, the states could not de- 
 
 state records. &c.? What is the object of this provision? 38G. Whv 
 wa.-; the power to admit new states into the union necessary? How 
 is ihis power restricted? 387. What power has contfress respectinij 
 the territory and property of the United States? ^388. What are
 
 156 GOVERNMENT OF THE V. STATES. * Part IIL 
 
 niand from the general government any interference io 
 preserving their constitutions, wlien threatened by domes- 
 tic commotions ; nor could the general government con- 
 stitutionally afford assistance to the supporters of thestato 
 governments. And, without authority to protect the sev- 
 eral states against invasion, and to aid them in maintaining 
 their repubiican forms of government, there would be no 
 security to the general government itself For, should 
 one state after another be permitted to relinquish its re- 
 publican form of government, the whole system might 
 ultimately be subverted. A state, however, may make 
 any alteration in its constitution, that shall not change its 
 republican form. 
 
 389. Congress may propose amendments to the consti- 
 tution, whenever two thirds of both houses shall deem it 
 necessary; or, on application of the legislatures of two 
 thirds of the several states, it shall call a convention for 
 proposing amendments. Amendments, thus proposed, 
 are valid, as a part of the constitution, when ratified by 
 the legislatures of tiiree fourths of the several states, or 
 by conventions in three fourths of the states, es the one 
 or the other mode of ratiticution may be proposed by con- 
 gress. 
 
 390. It was presumed by the framers of the constitu- 
 tion, that, notv/ithstanding the care with which it had 
 been prepared, experience would discover it to be. imper- 
 fect; or that, how well soever it might, at that time, serve 
 all the purposes of government, tim.e and change of cir- 
 cumstances would render some alterations necessary. It 
 was therefore requisite that some mode of am.ending if 
 should be provided. But lest, by such provision, tb< 
 government should be rendered unstable, by too frequeni 
 alterations, modes of amendment were adopted which aro 
 calculated to guard against any alteration that is not re' 
 quired to remedy some palpable inconvenience. 
 
 the United Slates bound to guaranty to theseveral states? Wh)^ is 
 tills provision ijecessary? oS9. How are amendments to the con- 
 sutution proposed? Wiiat is necessary to their Ijecomipg valid, as 
 a part of the constituiion'? 2J0. What is the object ul' a provisiou
 
 Chap. XXIV. MISCELLANEOUS POWERS. 157 
 
 391. The power to amend the constitution does not, 
 however, extend to every provision. It was provided that 
 no amendment which might be made prior to the year 
 1808, should affect the first clause in the ninth section of 
 the first article, which allowed the importation of slaves 
 to that- period; and the fourth clause of the same section, 
 Avhich provides, that direct taxes be laid in proportion to 
 the census or enumeration directed by the constitution to 
 be taken, requiring the addition of three fifths of the 
 number of slaves to the number of free persons. It is 
 also provided, that no state shall, without its consent, be 
 deprived of its equal suffrage in the senate. The first 
 montioned'of these restrictions, has ceased to have effect ; 
 the last, securing to each state an equal representation in 
 the senate, is ]>erpetual. 
 
 392. Since the adoption of the constitution, amendments 
 or additions have been, at three difierent times, proposed 
 hy congress, and ratified by the people. The first ten 
 articles of the amendments were proposed 'at the first 
 session of the first congress, which was begun and held 
 nt the city of New York, on the 4th of March, 1789, and 
 were adopted by the requisite number of states. 7^he 
 eleventh article was proposed at the second session of the 
 third congress. And the twelfth article, which changes 
 the mode of electing the president and vice president, was 
 proposed at the first session of the eighth congress. This 
 amendment having been adopted, the 3d clause of the 1st 
 section of the •2d article of the constitution was thereby 
 repealed. 
 
 393. Frequent attempts have been made during the last 
 few years, to propose amendments to the constitution ; 
 but the veneration with which the people regard this in- 
 strument, and their jealousy of any attempts to change a 
 form of government under which they have enjoyed un- 
 exampled prosperity, have rendered these attempts unsuc- 
 
 for its amendment? 391. What restriction was imposed upon the 
 power to amend the constitution? 392. What amendments have 
 been made to the coasiicution since iis adoption? and at what peri- 
 ods? 393. What has been the result of the late attempts to propose
 
 158 GOVERNMENT OF THE U. STATES. Part III. 
 
 cessful. The people seem disposed to submit to somu 
 trifling inconveniences, rather than to give countenance 
 to a spirit of innovation, which, if encouraged, may end 
 in a change of the fundamental principles of the govern- 
 ment. Of the twelve articles styled "amendments," which 
 have been incorporated into the constitution since its ad- 
 option, it will be seen, that none but the last, (which 
 changes the mode of electing president,) repeals or makes 
 void anj'' part of the constitution originally adopted. 
 
 394. By providing that amendments shall not even be 
 proposed to the people, but by two thirds of both houses 
 of congre.ss, or that a convention for proposing amend- 
 ments shall not be called by congress, until requested U 
 do so by the legislatures of two thirds of the severa 
 states ; and by providing further, that before amendments 
 thus proposed shall be valid, they must be ratified either 
 by the legislatures of three fourths of the states, or by 
 conventions of delegates chosen by the people of three 
 fourths of the states : the constitution seems to be amply 
 guarded against unnecessary amendments or mutilations. 
 The approval of the president is not required to an 
 amendment of the constitution proposed by congress. 
 
 CHAPTER XXV. 
 
 Incidental Powers of Congress. 
 
 395. To the powers delegated to congress by the con- 
 stitution, is added a general power " to make all law? 
 which ^hall be necessary and proper for carrying intc 
 execution, the foregoing powers, and all other powers ves- 
 ted by the constitution in the government of the Uniteo 
 
 amendments to the constitution? 394. For what reason was so 
 difficuli a mode of amendment adopted? 
 
 39-5. What general power i.*; delegated to-congrcss? What docs 
 necessary here mean? Why is this power deejned necessarj?
 
 Chap. XXV. INCIDENTAL POWERS OF CONGRESS. 159 
 
 States, or in any department or officer thereof." The 
 word " necessary," in the foregoing- clause, means need- 
 fid, essential, conducwe to, and gives congress the choice 
 of the means best calculated to exercise the powers it 
 possesses. Without such a power, either expressed or 
 implied, many of the powers expressly delegated, could 
 never have been carried into effect. 
 
 396. In pursuance of this general power, congress has 
 power to inflict punishment in cases not specified by the 
 constitution; such power being implied as necessary arid 
 proper to the sanction of the laws, and the exercise of the 
 delegated powers : 
 
 To exact an oath of office, iii addition to the oath of 
 ■'fidelity prescribed by the constitution : 
 
 To punish lurcony of letters from the post office, or 
 robbery of the mail: 
 
 To secui-e to the United States a priority of paj'ment 
 from the eflects of an insolvent debtor. It is provided by 
 acts of congress, that in all cases of insolvency, or vt'here 
 any revenue officer, or other person, becoming indebted 
 to the United States, by bond or otherwise, shall become 
 insolvent, or where the estate of any deceased debtor 
 shall n6t be sufficient to pay all his' debts, the debt due to 
 the United States shall be first fcafisned. 
 
 397. Under the general power to pass all laws neces- 
 sarv^ll^rry into exccutioi,! the powers vested in the gov- 
 ernT^^pcbngress has also exercised the power to creiite 
 corporations, and establish a bank. This power was 
 exercised by the first congress under the constitution, by 
 the passing of the act incorporating a national bank, in 
 in 1791; and, subsequently, in 1816, by the incorporation 
 
 'i' a new bank, after the charter of the first was expired. 
 
 398. The c;pn£titutionality of this power has,.iiowever, 
 been seriously questioned ; and iis exercise has met with 
 much opposition in, congress. Although tKe .opinion of 
 the supreme court has repeatedly been given in acco^ i- 
 
 396.' What are some of tb encases in which this poM'er hasbcett%:c- 
 .ercised'? 397. Wnen wa-s the , first naiional bank created? • Tli" 
 'i^ecwnd'? 398. What is said of'the Constiiaitiotiality of thisinsUtu-
 
 160 GOVEKNMKNT OF THE U. STATES. Pai:t III. 
 
 ance with that of a majority of congress : yet the ques- 
 tion is by no msans sstiled. Il is a question whicli iuis 
 undergone much discus.sion and investigation, and on 
 which there is still a great difference of opinion. Bills 
 for renewal and incorporation, have several times received 
 the executive veto, under difierent administrations. And 
 it i.s admitted by the advocates of this power, that; to jus- 
 tify its exercise in the creation of a bank, such a corpora- 
 tion must be deemed necessary to carry iuto effect some 
 power vested in the ge-neral govurnmtnt. 
 
 399. Under the povv'er to establish post offices and post 
 roads, and the power to raise money to provide for the 
 general welfare, as well as the power to pass all laws 
 neces.5ary and proper for cirrying iuti execution t]ie 
 powers vested in the general government, congress has, 
 at different tim?s, set apart funds for iii(cr)i%l imrpove- 
 tnenlx in the s:'.atcs, by means of roads and canals. 
 
 400,. h has been the practice to allow to the new states 
 a pprlion of the .proceeds of the sales of pi:tblic lands, tn 
 be laiijj out in the construction of roads aiul canals within 
 those slater, or leading totbera. The .Cumberland roj^d 
 was constructed under the act of March, 1&,0G, under a 
 covenant mvtda with tbe stale of Ohio, that a portion of 
 the proceeds of the sales of public lands lying within 
 that state, shp^tld b^ applied to the opening of the roads 
 leadiffg to that state, with the consent of the irtate^hrough 
 which the road mLii^-ht pass. "After the <HxpendiSBP^pon 
 that road had- exceeded the proceeds of the sales of tlio 
 public lands in Ohio, a bill passed l;y both houses of con- 
 gress,. in 18)7, appropriating funds i'or co;;tinuing it, was 
 negatived by the president, on the ground that the consti- 
 tution did not authorise the making of roads and canals, 
 and improving v/ater,-courses, through the different states; 
 ror could the states cnnfer the power. In 1832, a bill 
 appropriating money for repairing tliis road, and estab- 
 Jishing toll gates upon it, was objected to by the president. 
 
 • . ... --i ■ 
 
 tj-on"! On \rliat grounds only, if on any, is it justifiable? 399. Jn 
 w!)at powers i^ the fwwer to ran,ke internal improvements implied? 
 400. Hoiv was the Cumberland road authorized to be constructed? 
 VVia; bilLs relaiing to this road hav^e been negatived?
 
 Chap. XXIV. INCIDENTAL POWKKS. 161 
 
 401. Several presidents have, .successively, denied the 
 power of congrebs to puss bills for this and similar 
 objects. Buttiie power to lay out, construct and improve 
 post roads and military roads, and to cut canals through 
 the states, with their assent, for promoting internal com- 
 merce, and for the mors safe and economical transporta- 
 tion of troops and military stores in time of war, is still 
 claimed by congress, and pretty generally conceded. And 
 the right to appropriate money for improvements which 
 are not of a local ot state char act f.r, but are of such gen- 
 oral importance as to give them a national character, was 
 admitted.hy president Jackson, in his message containing 
 his objections to a bill that had passed both houses of con- 
 gress, authorizing subscriptions to the stock of the Mays- 
 rille turnpike road. It seems ihir, therefore, to conclude, 
 from the, general practice of the goi^ernment, that "the 
 action of congress may be applied to thosv". internal con- 
 cerns which affect the stat.s generally, but not to those 
 which are within a particular state, and which do not 
 affect other states." 
 
 402. The pov.'ers not delegated to the United States by 
 ihe constitution, nor prohibited by it to the states, are 
 reserved to the states respecliveiy, or to the people. This 
 amendment was added to the constitution as a necessary 
 rule for its interpretation ; but the amendment itself is 
 liable to. mis-construction. It has been considered as 
 limitin^((jie gen^^ral governmeTiI to the exercise of pov/- 
 ers expressed in the constitution; and as prohibtiing the 
 exercise of any implied power, by which .is meant, a 
 power v^'hich is comprised in some other power, or which, 
 results from it as a necessary consequence. 
 
 403. By the confederation, each state retained all its 
 sovereignty, and every power which was " not expressly 
 delegated to the United States." This restriction upon 
 
 401. -What kind of iflternal improvements are generally consider- 
 ed ivilhin the constiiuiional power of congics.sf 402. Wbal pow- 
 ers are reserved to the .'italesor to the people'.' Does this resincana 
 limit the government to expressed powerh? What is meant by iw«- 
 plied povverJ 403. Kow was the power of congress restricted ua- 
 
 M
 
 162 GOVERNMENT OF THE U. STATES. Part IH* 
 
 the powers of congress, v/as one of the principal defects 
 of the confederation, which led to its abolition. It had 
 been found impossible, in an instrument of this kind, to 
 descend to all the minute details of legislation ; as it could 
 not be forseen what subjects vvould require tiie attention 
 of congress, in all future time. For the purpose, there- 
 fore, of giving greater latitude to the powers of the gov- 
 ernment, the word "expressly," which had been inserted 
 before " deWgated," was stricken out and omitted. 
 
 404. It must be presumed, therefore, that this article of 
 amendment was not designed to restrict the powers previ- 
 ously granted by the constitution. By this rule of strict 
 construction, a large proportion of the laws now in ope- 
 ration, would be unconstitutional and void ; and " the 
 power to make all laws necessary and proper to carry 
 into efte'ct the powers vested by tlie constitution in the 
 government," would be useless. Congress has the power 
 "to regulate commerce;" but the power is not e-xpressly 
 given to eiect break-waters, build light-hou.ses, and re^ 
 move the obstructi<jns in navigable rivers : this power is 
 derived only by implication, beirig necessarily included 
 in the power to regulate internal commerce. Congress 
 has pov/er to punish certain crimes expressed in the con- 
 stitution ; but it is not to be supposed that, because these 
 crimes are expressed, congress has not the power of pun-, 
 ishing others not expi'essed. 
 
 405. The power to make laws for any pui^se what- 
 ever, would be wholly nugatory without the poAver tO' 
 enact penalties, whenever it may be necessary for carry-' 
 inga measure into effect: yet this power to punish is 
 merely an implUd power, not expressly authorized by the 
 constitution. It is a general and well known principle, 
 that all bodies politic necessarily possess all the powers 
 incident to a corporate capacity, without an express decla- 
 
 der the confederation? What clianEje wa-s made in ihe r.ew con- 
 stitution to remedy this defect? 404. What would be the effect of 
 a strict and literal coustnicti.in of the constitution, upon existing 
 laws? 405. What reasoni aic givca in favor of implied consiitu- 
 tiona] powers?
 
 Chap. XXV. RESTR1CTI0N8 ON CONGRESS. 163 
 
 ration to that effect : and the amendment in question could 
 not, therefore, have been intended to abridge any power 
 granted by the constitution. 
 
 CHAPTER XXV. 
 
 Restrictions on the Poioers of Congress. 
 
 406. It was provided, by the constitution, that congress 
 should not, prior to the year 1808, prohibit the migration 
 or importation of such persons as any of the states, exist- 
 ing when the constitution was adopted, might think prop- 
 er to ad>nit. This clause has reference to the slave trade, 
 which prevailed extensively in the United States when the 
 constitution was framed. It would probably have been 
 impossible to procure its ratification by the number of 
 states required for its establishment, without recognizing 
 the right of the states for a period to continue the import- 
 ation of slaves. However, by yielding the right to pro- 
 hibit such importation for a specified period, it doubtless 
 contemplated the prohibition after that period should have 
 elapsed. Laws have accordingly been passed, from time 
 to time, for the suppression of the foreign slave trade. 
 [See pages 137 and 138.] 
 
 407. It is indeed to be regretted, that the great charter 
 of American liberty has ever sanctioned this horrid 
 traffic ; and it is somewhat remarkable, that a provision 
 of this character should be adopted by a people that had 
 declared it be a self evident truth, "that all men are crea- 
 ted /ree ajid equal" and " endowed by their Creator with 
 the itnalienahle rights of life, liberty, and the pursuit of 
 happiness ;" and Avho had solemnly declared any form of 
 government to be unjust, that did not " derive its powers 
 from the consent of the governed.''^ 
 
 406. What restriction, relative to the importation of slaves, was 
 imposed on congress? 407. Is the slave trade ctnsistent with
 
 164 GOVERNMENT OF THE U. STATES. Part III. 
 
 403. Th'."» acknowledgment of the right of man to hold, 
 as froperl'j, his fellow man, is incompatible with a just 
 sense ot fr.jclom. But while we cannot justify this prin- 
 ciple, let us not condemn the motives of those who allow- 
 ed this provision to be incorporated in the constitution; 
 as it is not lo be i.oubted, that they aimed, in all their 
 deliberations; and labors, at the greatest good of the wholu 
 nation. And it certainly affords cause for gratulation, 
 that measuri'S wars so promptly adopted to abolish the 
 foreig-n slave trade, at the earliest period permitted by the 
 constitution. 
 
 409. Tiie privilege of the writ of habeas corpus may 
 not be suspended, unless when, in case of rebellion or 
 inva.3ion, the pL^blic safety may require it. Habeas corpus, 
 (Latin,) signihes, have the body. If a person has been 
 illegally deprived of his liberty, he may petition a court 
 or-jndge, who issues a writ to the party complained of, 
 coBimanding him to have the body of the person conhned 
 before the judge or court. If, upon inquiry, the impris- 
 onment is found to have been illegal, relief is granted. 
 The privilege of this writ, and the right of trial by jury, 
 are among the greatest privileges enjoyed under a free 
 government, as they afitjrd the most effectual security to 
 the rigiit of personal liberty. 
 
 410. No bill of attainder or ex post facto law may be 
 passed. Bills .of attainder are acts of a legislature, by 
 which capital punishments are inflicted upon persons 
 pronounced guiity, without trial or conviction in the ordi- 
 nary course of judicial proceeding,^. An ex post facto 
 law is a law that declares an act to be criminal which 
 was not so bc'fore the law was passed ; or that renders an 
 act punishable in a manner in which it was not punisha- 
 ble when it was committed. 
 
 the declar.i'ions of Americans? 403. Was the foreign slave 
 trade prohibiied as soon as it could be done constitution ally? 
 409. Wiint is the meni,ing of hab-as corjnis? What restriction is 
 imposed on cons<ress concernin!^ the writ of habeas corpus? 410. 
 WhAi ar^ bills of altuindu? Ex' post facto lnv/sl 411. What re-
 
 Chap. XXV. RESTRICTIONS ON CONGRESS. 165 
 
 411. No capitation or other direct tax may be laid, un- 
 less in proportion to the census or enumeration taken as 
 directed by the constitution. Capitation signifies enu- 
 meration of heads. A capitation tax, usually called a 
 poll tax, is therefore a tax laid on each person. Poll is 
 said to be a Saxon word, meaning head ; and, by a slight 
 change, it is used also to signify an election, because the 
 result depends on the number of persons that act in it. 
 
 412. No tax or duty may be laid on articles exported 
 from any state. No preference may be given, by any 
 regulation of commerce or revenue, to the ports of one 
 state over those of another; nor may vessels bqund to or 
 from one state be obliged to enter, clear, or pay duties in 
 another. A uniform rate of duties or taxes throughout 
 the states, was deemed requisite to ensure domestic peacs 
 and harmony. The levying of higher duties in the ports of 
 one state than in those of another, would prove a fruitful 
 source of jealousy and dissatisfaction.among the several 
 members of liie union. Hence the propriety of this con- 
 stilutional restriction. 
 
 413. No money may 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, must ht published from time 
 to time. As congress is immediately responsible to the 
 people, it is properly entrusted with the disposal of the 
 public treasure. This provision was supposed, therefore, 
 to be most likely to secure a faithful application of the 
 public money. And to perfect the system of accountabil- 
 ity, the public accounts are recpiired, from time to time, to 
 be submitted to the inspection of the people themselves. 
 The experience of former governments had shown that 
 the national treasury cannot be too strongly guarded. 
 
 striction exi^'.? rasnectiii^ the laying of direct taxes'? What is a 
 capik/Iion, tax? What is the meaning of poll' 412. How is the 
 imposiiion of duties reslrictedl What is the object of this restric- 
 tion? 4i:^. How is the drawing ot money from the treasury restric- 
 tedl What is the object of this provision? 414. What provi&ion
 
 166 GOVERNMENT OF THE U. STATES. Part III, 
 
 414. No title of nobility maybe granted by the United 
 States; and no person holding any office of profit or trust 
 under them may, without the consent oi' congress, accept 
 of any present, emolument, office, or title of any kind 
 whatever, from any king, prince, or foreign state. This 
 clause was evidently designed to guard ngainst foreign 
 influence in the administration of the government, and to 
 prevent the introduction of customs that might, in time, 
 diminish that respect for republican simplicity, which 
 formed so conspicuous a trait in the American character. 
 
 415. Congress shall make no law respecting the estab' 
 lishment of religion, or prohibiting the free exercise 
 thereof; or abridging the freedom of speech, or of the 
 press. Among the " unalienable rights," with which men 
 are created, is religious liberty. This liberty has been 
 denominated "the liberty of conscience," and "the rights 
 of conscience." It is defined to be, "the liberty which a 
 man has of discussing and maintaining his religious 
 opinions, and of worshipping God in that way and man- 
 ner, which he believes in his conscience to be most ac- 
 ceptable to his Maker, without being liable to any degra- 
 dation, penalties or disqualifications, civil or political." 
 
 416. A large portion of the early population of this 
 country was composed of persons who had come hither, 
 to escape the restiictions and disqualifications imposed, by 
 the laws of the parent country, on dissenters from the 
 established church. To avoid the evils which were known 
 uniformly to flow from an alliance between the church and 
 the state, and to secure to all the full enjoyment of reli- 
 gious freedom, all interference by the government in mat- 
 ters of religion, abridging in any degree the rights of 
 conscience, by giving preference to any religious sect, is 
 expressly prohibited by the above provision. 
 
 417. Both religious and civil institutions are most safe, 
 as well as most prosperous, where religion derives no 
 
 ii> made to guard against foreign influence upon the governmentt 
 415. How i.s liberty of ccni-cience, of speech, and of the press 
 secured? Wha.^ i^ rdigimts liberty? 416. Why was this liberty 
 deemeJ necessary? 417. What is essential to the enjoyment of
 
 Ohap. XXV. RESTRICTIONS ON CONGRESS. 167 
 
 Other support from government than protection in its free 
 ■exercise. This it requires; and religious liberty cannot 
 lie said to "exist, where the laws merelj' tolerate religion, 
 but do not, by penal sanctions, protect men in the exercise 
 of its duties. 
 
 418. Freedom of speech, and of the press, is equally 
 necessary to the existence of a free state. The mhst odi- 
 ous restrictions, had been, in many countries, laid upoa 
 the press. It was regulated by prohibitions and licen- 
 ses from the goveroment. New publications were not 
 allowed to be issued, until they had been approved by 
 licensers. But as sucb restrictions were deemed incom- 
 patible with all just ideas of freedom, the liberty of the 
 press and of speech was guarantied to every citizen; he 
 being amenable to the laws for the abuse of this liberty. 
 
 419. Of the restrictions remaining unnoticed, is that 
 Vvdiich preserves to citizens the right of trial by jury, 
 Tiiis right is enjoyed in all criminal prosecutions, and in 
 suits at common lav>^ where the value in controversy 
 shall exceed twenty dollars ; and is secured by the 5th, 
 (>th and 7th articles of amendment. 
 
 420. The institution of trial by jury, is derived from 
 the English laws. Trial by jury was recognized in crim- 
 inal suits in England], as early as about the beginning of 
 the twelfth century ; but in civil suits it seems not to have 
 reached its present form, until near the middle of the 
 thirteenth century. The jury system, in its present im- 
 proved state, is justly considered the " great palladium of 
 liberty." Ii was one of the most distinguished privileges 
 enjoyed under the British constitution ; for as every one 
 was tried by his peers, the meanest subject was as safe as 
 the greatest. It was regarded by the colonists, as the 
 most valuable civil privilege which they, 'as British sub- 
 jects, possessed; and the infringement of this right con- 
 stituted one of the grievances enumerated in the declara- 
 tion of independence, as justifying the revolution. 
 
 rsligious liberty'' 418. How was the liberty of the press formerly 
 resiricted in some f"ountries? 419. How far does the right of trial 
 by jury extend? 420. Whence is this right derived? What cou-
 
 163 GOVERNMENT OF THE U. STATES. Part III- 
 
 421. A jury usaally consists of twelve men, (in some 
 cases of a grealer number,) who are sworn, to deliver a 
 truth upon such evicloncy as shall be delivered to them 
 touching the matter in question. No person can be put 
 on trial for a crime, uiUil a grand jury shall have declar- 
 ed, after hearing the evidence against hira, that he ought 
 to be tried. Such declaration is founded upon the pre- 
 sumption that he is guilty. He is then put upon trial ; 
 and the unanimous verdict of a jury of twelve men, 
 (called a petit jiivy,) is necessary to convict him. A two 
 fold security to the liberties of the ptople, is provided by 
 
 this mode of trial in criminal cases. 
 
 422. In some of the states in tiie union, parties to civil 
 suits, in which the damage claimed is less than twenty 
 dollars, are not allowed the privilege of juries. It has 
 been well remarked, " it is the most ti'anscendent privi- 
 lege which any subject can enjoy, or v^^ish for, that be 
 cannot be aff.cted either in his property, his liberty, or 
 his person; but by the unanimous consisnt of twelve of his 
 neighbors and equals." ' 
 
 CHAPTER XXVI. 
 
 Restrictions on ike Pou-ers of the Slates. 
 
 423. No state may eater 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 coi!> a tender in payment of debts; pass any 
 bill of attainder, qx post facto law, or law impairing tho 
 obligation of contracts; or grant any title of nobility. 
 
 sideration renders this privilege valuable? 421. Of. what does a 
 jury consisil What are the duties of a jury? 4211. How is the 
 right of trial by jury restricted in some statesT 4S3. What restric- 
 tions are imposed upua the states? 424. Why were the states pro-
 
 Chap. XXVI. RESTRICTIONS ON THE STATES, 169 
 
 424. The restrictions which are here and elsewhere 
 imposed upon the states, are indispensably necejssary to 
 secure to the country the blessings of anion. Were ev- 
 ery state at liberty to enter into treaties or alliances with 
 foreign states, or with other members of the union, it is 
 easy to foresee the evils and dangers that would result 
 from such an exercise of this power. And with the pow- 
 er to grant letters of marque and reprisal, a state might 
 involve the whole union in war, as this measure is usually 
 followed by open hostilities. 
 
 425. To avoid the inconveniences that would arise 
 from coins so various in value as might be expected if 
 each state were permitted to coin money, and to regulate 
 its value, this power was prohibited to the states, and 
 granted e:xclusively to congress. 
 
 42G. Bills of credit- are declared to mean ^promissory 
 notes, or bills issued exclusively on the credit- q^: the state, 
 and which the faith of the state only is pla4^^ to pay. 
 The prohibition does not, therefore, apply to m'e notes of 
 a state bank, drawn on the credit of a particular fund set 
 apart for the purpose. The losses sustained previously 
 to the adoption of the constitution, from the effects of pa- 
 per money, rendered this restriction upon the powers of 
 the states necessary ; while the fluctuations in the value 
 qf paper money seemed to require that gold and silver 
 only should be made a tender in payment of debts. 
 
 427. Laws impairing the obligation of contracts aro 
 inconsistent with the secure enjoyment of the right of 
 property, and the fundamental principles of the social 
 contract. The power to pass such laws is therefore prop- 
 •erly prohibited to the states. A state legislature may 
 alter or modify public corporations, such as counties, 
 towns and cities, provided the property therein be secured 
 to those who originally possessed it; but such legislature 
 
 hibited from entering into treaties or alliances? and from granting 
 Istters of marque and reprisal? 405. Why are they prohibited 
 from coining money? 42o. What are bills of credit? Why are 
 Ihe states restrained from issuing rhem? 427. Why are laws pro- 
 hibited impairing the obligation of contracts? How does this pre-
 
 1(70 GOVERNMENT OF THE tJ. STATES. Part III 
 
 eannot repeal statutes creating- private corporations, or 
 dispose of the property of the corporators. A charter 
 from the British crown to the trustees of Dartmouth 
 college before the revolution, has been declared to be a 
 contract within the the meaning of the constitution. Tiie 
 supreme court held that the college was a private corpo- 
 ration ; and that the act of the legislature of New Hamp 
 shire. rnateriuUy altering the charter without the consent 
 of the corporation, was a law impairing the obligation of 
 u contract, and was unconstitutional and void. 
 
 4'^8. No state may, without the consent of congress, 
 lay any impost duties on imports or exports, except what 
 may be absolutely neces.s3ry for executing its inspection 
 laws ; and the nett produce of all duties and imposts laid 
 by any state on imports or exports, must be for the use of 
 the treasury of the United States; and all such laws are 
 subject to the revision and control of congress. 
 
 423. No state may, without the consent of congress, 
 Jay 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, 
 unlesb actually invaded, or in such imminent danger as 
 Jivill not admit of delaj. 
 
 provision affect public corporations? 428. What restrictiorx is 
 impo'^i'fl upon the states cfTiccrniiig the laying of impost dalie ;1 
 4il>. VV:ia'. o:h3r reiiricuoas ar^ hare meaii:jaed?
 
 PART FOURTH. 
 
 OF THE STATE GOVERNMENTS. 
 
 CHAPTER I. 
 
 Maine — New Hampshire — Massachusetts — Vermont-— 
 Co?i?iecllcui — R/todc Island. 
 
 430. All the state governments are representative 
 republics. All of them are conducted in conformity to 
 written constitutions, adopted by the people, in ea^ih state, 
 excepting- in Rhode Island, where the ancient colonial 
 charter is yet in force. Ea''.h one has a legislative, execu- 
 tive ana judicial branch, and its own modes of exercising 
 power in these several departments. The distinctions 
 existing among the state governments are found in the 
 qualifications of the electors, and of the elected ; in the 
 origin and duration of office; in the limitations of the 
 powers which may be exercised ; and in peculiar consti- 
 tutional provisions; and, especially, in the character of 
 legislation in each state. The principal constitutional 
 provisions in the government of each state, are here given 
 iis concisely as possible. 
 
 431. Stale of Mabie. The constitution is dated in 1819. 
 The legislature is composed of a senate and house of 
 
 representatives. Members of the house are chosen in 
 
 430. What is the chniacter of the stale governracnls? In -uhat respect 
 areihey alike] In what consists the principal difference? 431. What
 
 172 STATE COVKKNMENTS. Part IV, 
 
 towns, in proportion to the number of inhabitants. To 
 be eligible, they must have been citizens of the United 
 States, five years, and resident in the state, one year. The 
 senate is composed of twelve members, chosen in districts. 
 The'r qnalifieations are the same as representatives, and 
 must be twenty-five years of age. The Jegislature ia 
 elected annually, and meets the first Wednesday in Jan- 
 uary. 
 
 The executive consists of a governor, chosen annually 
 by the people, and a council of seven, chosen in conven- 
 tion of the house and senate. The qualifications of the 
 governor are the same as those of senators, except that he 
 must be thirty years of age. He has the power of ap- 
 pointment and pardon, and a qualified negative on legis- 
 lative acts. To negative diXi act, means the refusal of an 
 executive to sign a bill to which his assent is neces- 
 sary in order to its becoming a law. When, under 
 any circumstances, the executive assent is required, 
 he is said to possess ^n absolute negative. But if a bill 
 that has been negatived, may notwithstanding become a 
 law, by being re-passed by a constitutional majority of the 
 legislature, the negative is said to be qv.aLified. This 
 power to negative bills, is usually called the -veto poAver. 
 The governor may be removed hj impeachment. The 
 president of the senate acts as governor in case of va- 
 cancy. 
 
 The judiciary consists of a supreme court, and county 
 courts. The judges of the supreme court are appointed 
 by the governor and council. They hold iheir oflicea 
 during good behavior. There are two modes of removal 
 provided by the consutution. First, by the governor and 
 council, on address of the legislature, in which a majority 
 of both branches concur in the opinion that a judge ought 
 to be removed. The other mode is by impeachment by 
 the house of representatives, and trial before the senate. 
 
 is the da'e of the constiuition of Maine? How is ihe legislature 
 constiiuicd? How chosen? Q.ualficafions? Time of meeting? 
 Ol what does the cxecuive consist? How chosen? Clualifications'? 
 Powers? What 15 a 55iaZi/t<ri negative? Uf what does the judiciary
 
 Chap. I. NEW HAMPSHIRE MASSACHUSETTS. 173 
 
 as in case of a judicial officer of the United States. 
 Judjyes are disquaiified at the age of seventy years. 
 
 The quaiitications of voters are so inconsiderable, that 
 suflVage may said to be universal. 
 
 Religious" freedom is provided for; there is no religious 
 test in oaths of oiiice. 
 
 432. State of New Il2?npshire. The constitution was 
 adopted in 1792. 
 
 The Icg-islarare is vested in a general court of two 
 branches, a house of representatives and a senate. Rep- 
 ri'iientatives are chosen in lovvns, in propoition to the 
 ratable polls; they must have an estate of £100, half of 
 which is h-eehoid. The senate consi-sts of twelve mem- 
 bers. Senators must have been residents in the state sev- 
 en years ; must have a freehold of £200 ; and must be 
 thirty years of age. They are chosen in districts, in 
 proportion to the amount of taxes paid therein. All elec- 
 tiojis are for one year. The legislature meets on the iirst 
 Wednesday in June. 
 
 The executive consists of a governor, and council of 
 five, chosen by the people. The governor must have an 
 estate of i)5O0, of which one half must be freehold; and 
 he must have been a resident in the state seven years, 
 The executive is removable by impeachment. The pres- 
 ident of the senate acts as governor in case of vacancy. 
 
 The judiciary is the same as in Maine. 
 
 The qualifications of electors are residence, and pay- 
 ment of taxes. 
 
 The legislature may provide by law for maintaining 
 religious worship. There is no religious test. 
 
 4:;3. State of Massachusetts. The constitution was 
 made in 1780; and received some amendments in 1820. 
 
 consist? How appointed? How removed? What are the qualifica- 
 tions of voters? 432. Nem Hampshire. When was the constitution 
 adopted? How is the iegislatiue constituted? Clualifications? Of 
 what does the executive consist? Q.ualifieadons'? How removed? 
 How is the judieiarv cansii luted? Clualificaiions of electors? 
 433. Massachusetts. Date of constitution? Of what is the iegisla-
 
 ITi STATE GOVERNMENTS. Part IV, 
 
 The legislative power, is vested in the general court, 
 eonsisling of a senate of forty members, chosen in dis- 
 tricts composed of several towns, and a house of repre- 
 sentatives chosen to represent the towns in which they 
 reside. Representatives must have been residents for one 
 year in the towns in which they are chosen ; and must 
 have a freehold of £lOU, or a taxable estate of i^200. 
 Senators must have been residents in the districts in 
 which they are chosen, and must have a freehold of £300, 
 or a taxable estate of J£600. The legislature meets on 
 the first Wednesday in January. 
 
 The executive power is vested in a governor. There 
 is also a lieutenant governor, who acts as governor in 
 case of vacan;;5^ They must have been residents in the 
 state for seven years, and must have a freehold estate of 
 jEIOOO, and believe in the Christian religion. There is 
 no religion.? test in oriths of office. Nine councillors are 
 chosen by the legislature. The power of appointment is 
 with the governor and council ; that is, the governor 
 nominates, or names to the council, persons whom he 
 thinks proper to fill offices, and the councillors approve 
 or disapprove the nomination. The power to pardon and 
 reprieve criminals, also, is with the governor and coun- 
 cil. The governor has a qualified negative on legislative 
 acts. 
 
 The judiciary consists of a supreme court, and county 
 courts, or courts of common pleas. There are also in 
 this state, as in others, justices' courts in each town. 
 
 The qualifications of voters arj, residence and pay- 
 ment of taxes ; which is, practically, universal suffrage. 
 
 434. State, of Vermont. The constitution was adopted 
 in 1793. The legislative power is vested in a house of 
 representatives, styled the general assembly. Members are 
 qualified by two years' residence in the state, and one in 
 
 ture composed? CLualifications? What constitutes the executive? 
 Q.ualifieations'? Powers? What courts are in the state? GLualifica- 
 tions of voters'? 434. Vermont. Date of constitution? Wherein is 
 the legislaiive power vested? Qualifications of members? How i.-
 
 Chap. L CONNECTICUT. 17S 
 
 the town represented. Elections are held annnally. The 
 legislature meets on the second Tuesday in October. 
 There is no senate. Legislative acts are subject to the 
 revision of the executive branch, which can propose 
 amendments, and suspend a proposed law till the next 
 legislature. 
 
 The executive is vested in a governor, lieutenant gov- 
 ernor, and council of twelve, all chos-^n by the people for 
 one year. In council, the governor is only the prc^sidinj 
 officer, with a casting vote. 
 
 The judges of the supreme and county courts may be 
 elected annually by the house of representatives, in con- 
 junction with the executive branch. 
 
 Clualifications of the electors amount to universal suf- 
 frage. 
 
 Neither of the branches shall exercise the pov/ers ot' 
 the other; yet the executive is a concurrent part of thtj 
 legislature, and the court for the trial of impeachments. 
 Once in seven years, thirteen censors are chosen, who 
 examine, during one year, all departments of the govern- 
 ment: they have power to order impeachments, and to 
 call a convention of the people. Religious freedom is 
 provided for. 
 
 435. State of Connecticut. The constitution was ad- 
 opted in 1818; till which time it was governed under th® 
 colonial charter. 
 
 The legislature, called the general assembly, is com- 
 posed of a house of representatives and a senate of twelve, 
 Repre33ntativ33 are chosen in towns, according to their 
 numbers ; senators by general ticket. The citizens 
 are styled in the constitution, electors ; and all v/hite 
 male citizens are such, who are resident citizens for six 
 months, and have a freehold of seven dollars yearly val- 
 ue; or who have done militia duty, or paid a tax. Elec- 
 
 the executive constituted? The judiciary? Clualifications of voters? 
 What other provisions? 435. Connecticut. Date of constiraiion? 
 How is the legislature constituted? Clualifications? The eieta ■
 
 176 STATE GOVERNMENTS. Part IV, 
 
 lors are entitled to vote for all officers, and are eligible 
 themselves to any office. All t ieetions are held annually. 
 The legislature laeuts on the iirst Wednesday in May. 
 
 Thii executive power is v^ested in a g-overnor, elected by 
 the people for oim year. Some appoiutuienis are made 
 by nomination of the governor to tne St'nate. Tlie gov- 
 ernor has a quaiified negative. He luis power to reprieve, 
 hut not to pardon: this power rtsidts in the legislature. 
 He is removable on impeachment. The lieutenant gov- 
 ernor i^• president of the senate. 
 
 The judges are chosen by the legislature; they are 
 removable as in IVIaine; and are disqualified at seventy. 
 
 lu this state, en lire freedom of religion is secured. 
 There is no religious test in oifice. 'I'he constiiution 
 recognizes the existence of a large scJiool fund, and pro- 
 vides for its perpetuity. 
 
 4-^0. State of Rhode Islajid. The government of this 
 state has been coniinued, hitherto, under the charter gran- 
 ted by Charles II. in 16u2. The grant vk-as to a compa- 
 ny, comprising a governor, deputy governor and council. 
 To this branch has been added a house of representatives, 
 chosen by the people, in towns; and a judiciary dejjart- 
 ment, the judges of which are chosen annually by the 
 people. The administration of the government is carried 
 on by the legislative and executive departments, accor- 
 ding to the construction given to the charier by usage. 
 The powers of the governor are very liuiited. There is 
 perfect freedom as to religious opinions. No religious 
 test. Suffrage is universal. 
 
 live? His pov.'ers? The jiuliciaryl 436. Rhode l3lund. What i% 
 «aid of lU'i government of thissinte?
 
 Chap II. NEW JERSEY i77 
 
 CHAPTER II. 
 
 New) Jersey — Pennsylvania — Delaware — Marylcmd — 
 Virghna — &oulh Carolina — Georgia. 
 
 437. State of Neio Jersey. The constitution of this 
 state was established the 2d of July, 1776, (two days be- 
 fore the declaration of iadependence.) It was formed on 
 the supposition that the colony might again be taken under 
 the protection of the British crown. It has continued to 
 the present tim3, without any amendment, except that of 
 thiinging the word colony for state. 
 
 The legislature is vested in a council and general as- 
 sembly- The council consists of one member from each 
 county, worth at least £1000 ; and the assembly, ot 
 three members from each colUlfJ^ worth at least £500. 
 Power is given to the legiskitiire to apportion the repre- 
 sentatives in counties. Time of meeting, second Tuesday 
 next after the second Tuesday in October, annually. 
 
 The governor is chosen by the legislature annually. 
 Ho presides in the council, is chancellor, military chief, 
 and surrogate general. The vice president of the coun- 
 cil is successor in case of vacancy. The governor and 
 council are a court of appeals. The pardoning power is 
 vested in this body. 
 
 The judges of the supreme court are chosen by the 
 legislature for seven years ; other judges the same, for a 
 shorter term. They are removable by impeachment. 
 
 Voters must be citizens resident one year, and worth 
 £50. Religious freedom, and exemption from taxation 
 for support of worship, are established. 
 
 This constitution is remarkable for the mingling of dif- 
 ferent powers in one branch. 
 
 437. New Jcrxaj. Constitution, when established? How is (he 
 legislature constituted? The executive departirtent? The judici- 
 ary? What are qualifications of voters'^ 433. Pen'osytvania. 
 
 N
 
 178 STATZ GOVERNMENTS. Part IV 
 
 438. State of Pennsylvania. The present consfitutioD 
 was established in 1790, and has not been since amended. 
 
 The legislature, called the general assembly, is com- 
 posed of a senate and house of representatives. The 
 number of senators may not exceed tliat of one third, nor 
 be less than one fourth, of that of the house. They are 
 chosen in districts, and are apportioned on the number of 
 taxable inhabitants therein. The number of the house 
 may not be less than sixty, nor greater than one hundred. 
 Its members are chosen in districts, in the same ratio as 
 senators. The qualifications of members are, age of 
 twenty-five years, citizenship and residence. Represen- 
 tatives are chosen annually, senators for four years, one 
 fourth renewed annually. The legislature meets on the 
 first Tuesday in December. 
 
 The governor is chosen by the people tricnnially; he 
 can be chosen only thrice in twelve years. No lieuten- 
 ant governor. No council. He has the uncontrolled 
 power of appointment of all officers, with remarkably 
 few exceptions. The only qualifications required are 
 citizenship, and residence in the state seven years next 
 before the election. Pardoning power, except in cases 
 of impeachment. 
 
 The judiciary is vested in a supreme court, and inferi- 
 or couits. Judges are appointed by the governor during 
 good behavior. Removable on impeachment, or by ad- 
 dress to the governor by two thirds of the legislature 
 No court of chancery. No court of errors. 
 
 Citizenship, two years* residence, payment of taxes , 
 supposed to be, pracdcally, universal suffrage. 
 
 The most unqualified religious freedom has prevailed 
 ia this state from its earliest settlement. 
 
 439. State of Delaware. This state acted under the 
 colonial charter till 1792. It then adopted a constitution 
 which has not been amended, except in one judicial arti- 
 cle adopted in 1802. 
 
 What is the date of conslilntion? Of what i.s the lej^islalure com- 
 
 ?osed1 Glnalifications of members? How is the governor chosen? 
 SThat are hisqualifica'ions? Powers? VVhai courts? Tenure of 
 office of judges? Ciualifications of voters? 439. Delav^are. Date
 
 Chap. II. MARYLAND. 179 
 
 The legislature consists of a senate and house, which 
 are called the general assembly. The number ol sena- 
 tors may not be less than one tr.ird, nor greater than one 
 half, the number of members of the house. The mem- 
 bers of each are apportioned among the countier, with 
 power in two thirds of each branch, to increase the num- 
 ber in counties. Qualifications are, citizenship, residence 
 and freehold estate. Senators are chosen for three years; 
 representatives annually. Meeting of the legislature is 
 on the first Tuesday in January. 
 
 The governor is chosen by the people for three years. 
 He must be a citizen, and thirty-six years of age. He 
 has the uncontrolled appointment of all officers ; and the 
 power of pardoning, except in case of impeachment. On 
 vacancy, the duties of the office are performed by the 
 speaker of the senate. The governor may be removed 
 for inability, by two thirds of both branches of the legis- 
 lature. 
 
 The courts are numerous. The judges hold their offices 
 during good behavior. They are removable on impeach- 
 ment, or on address of two thirds of both branches of the 
 legislature. 
 
 Resident white citizens, paying taxes, are qualified to 
 vote. 
 
 Religious freedom is enjoyed in this state. 
 
 440. Stall of Maryland . The constitution of this state 
 was adopted in 1776. It vests in the legislature the power 
 of making amendments by proposed acts, which shall be 
 published three months before the meeting of the next 
 legislature, and if confirmed, the amendments are thereby 
 effected. This power has been frequently exercised, and 
 the constitution has been amended, and may be further 
 amended in like manner. 
 
 The legislature is composed of a senate and house of 
 delegates. Senators are chosen for five years, by electors 
 
 of constitution? How i,« the legislature constituted? The execu^iveT 
 The judiciary? 440. IMarijland. What is the date uf consliiuiion? 
 How amendable? How are the several departments of the goveru
 
 180 -'* STATE GOVERNMENTS. Part IV, 
 
 who are chosen in counties. They must be citizens 
 twenty-five years of age ; and they must have had a resi- 
 dence in the state three years. Delegates are chosen by 
 the people annually. Their qualifications are, citizenship, 
 and one years' residence. Legislature meets on the first 
 Monday in December. 
 
 The executive consists of a governor, and an executive 
 council of five. The governor is chosen for one year, 
 by joint ballot of both legislative branches. Ho may be 
 chosen three years successively ; and he is then ineligible 
 for four years. He must be twenty-five years of age, and 
 a resident citizen five years. Members of the council are 
 chosen by the people. The executive has the power of 
 pardoning in all cases, except those in which the laws 
 otherwise direct. 
 
 Judges are appointed by the governor and council ; 
 they may be removed on the address of two thirds of the 
 legislature, and by conviction, on indictment, in a court of 
 justice. 
 
 Universal suftVage is enjoyed, and religious freedom is 
 established, in this state. 
 
 441. State of Virginia. The constitution was amend- 
 ed in 1830. 
 
 The legislature is called the general assembly, com- 
 posed of a housa of deleg.ites, of one hundred and thirty- 
 four members, apportioned in four great districts; and of 
 a senate of thirty-two, apportioned in two greater districts. 
 Members of the house are chosen annually by the people; 
 of the senate, one fourth are annually renewed by popu- . 
 lar election. Members of both branches must be free- 
 holders. The legislature meets annually ; but the con- 
 stitution does not appoint the day. 
 
 The governor is chosen for three years, by the two 
 branches of the legislature, and is eligi})le but once in six 
 years. He must be a resident citizen, of the age of thirty 
 years. A council of three is chosen in the same manner, 
 
 msnt constitiifcd'? 441. Fir^iwia. Of what isthelegMaturecom- 
 oo.'id? The executive? How are judges chosen? How do the elec-
 
 Chap. II. SOUTH CAROLINA. 181 
 
 the senior of whom is lieutenant governor. They arc 
 chosen for three years ; hat one of their number is annu- 
 ally renewed. The executive has the power of {)anJ()n- 
 ing. 
 
 The judges and attorney general are chosen by ihe 
 joint vote of the two branches, during- good behavior, and 
 removable on address, or on impeachment. 
 
 White male citizens only are voters. Their qualifica- 
 tions are such as to render suffrage nearly universal. 
 Elections are viva voce, and not by ballot. Viva voceare 
 words signifying living voice. The electors, on Toting, 
 name the persons for whom they vote. 
 
 The clergy are ineligible as legislators. No legislative 
 provision can be made for religious worship ; every one 
 is free to believe and worship as he pleases. 
 
 442. State of South Carolina. Constitution adopted in 
 1790. It contains a provision, similar to that of Mary- 
 land, for amendments. It has been twice amended, once 
 in 1808, and again in 1810. 
 
 The legislature is composed of a general asitemblv, 
 consisting of a senate and a house. One hundred and 
 twenty-four representatives are apportioned in districts, in 
 such manner, that each representative shall represent one 
 sixty second part of the whole number of white inhabi- 
 tants, and one sixty second part of the whole amount of 
 taxes raised by the state. The senate consists of forty - 
 five members, who are chosen in election districts, which 
 are established for the choice of representatives. Mem- 
 bers of the house of representatives are chosen for two 
 years: senators for four years, half of them renewed 
 biennially. The former must be resident citizens three 
 years ; the latter five years, and must be thirty years cf 
 age, and freeholders. The legislature meets on "the first 
 Monday in November. 
 
 The governor is chosen by the legislature for two 
 years; re-eligible after four years; and must be thirty 
 
 tors vote? 443. Smcth Carolina. What is the date of the constitu- 
 tion? IIow is the legislature constituted? The executive? Teiior
 
 )82 STATE GOVERNMENTS. Part IV- 
 
 years of age, a citizen resident ten years, and a freehold- 
 er. He has no council. He has the power of pardoning. 
 A lieutenant governor, of like qualifications, is chosen, 
 who has no power or duty unless the office of governor 
 becomes vacant. Removal is made by impeachment. 
 
 Judges are appointed by joint ballot of the legislature, 
 and hold their offices during good behavior. Removable 
 by impeachment. 
 
 Voters must be resident citizens two years, and possess 
 a freehold, or pay taxes to the amount of three shillings 
 sterling, which comes near to universal suffrage. 
 
 Religious freedom is established. Clergy ineligible to 
 any civil office. 
 
 443. Slate of Georgia. Constitution adopted in 1798. 
 It has been amended in one judicial provi.sion. 
 
 The legislature is organized as in South Carolina 
 The senate and house are chosen in counties, according 
 to white population, adding thereto two fifths of the peo- 
 ple of color. Qualifications of members are, citizenship, 
 residence, age and freehold, or other taxable property. 
 iVIeeting is on the second Tuesday in January. 
 
 The governor is chosen by the legislature, biennially. 
 Qualifications are, citizenship, age, freehold, or other 
 taxable property. He Las a qualified negative; pardon- 
 ing power, except in case of impeachment ; and power 
 to reprieve, in case of treason and murder, till the session 
 of the legislature. 
 
 Superior judges are chosen by the legislature for three 
 years ; and are removable by address, and by impeach- 
 ment. 
 
 Qualifications of voters amount, practically, to univer- 
 sal suffrage. 
 
 of O'ffice of judges? Clualifications of voters? 4-13. Georgia. How 
 is the legislature organized? The executive? How are judges cho- 
 sen?
 
 Chap. III. KBNTDCET. 183 
 
 CHAPTER III. 
 
 KenHcky — Ohio — Indiana — Louisiana — -Mississippi — 
 Illinois— Alabama — Missouri. 
 
 444. State of Kentucky. Constitution adopted in 1799. 
 A convention is necessary to amend. 
 
 The legislature consists of a senate, and house of rep- 
 resentatives. The number of senators is twenty-four, of 
 which one fourth are renewable annually : the number 
 may be increased in proportion of one for every three 
 added to the house. They must have been resident citi- 
 zens six years, and thirty-five years of age. They are 
 chosen in districts in proportion to qualified electors 
 Representatives must have been resident citizens two 
 years, and twenty-four years of age : proportioned to the 
 number of electors. The whole number may not be less 
 than fifty eight, nor exceed one hundred. Meeting annu- 
 ally, on the first Monday in November. 
 
 The governor is elected for four years, and is then in 
 eligible for seven years. Qualifications the same as 
 senators. He has the power of pardoning, except in case of 
 impeachment ; of reprieving in case of treason, till the 
 legislature is convened ; the power of nomination to the 
 senate of all judicial and other important officers; and a 
 qualified negative. There is a lieutenant governor, who 
 is president of the senate. 
 
 Judges hold their office during good behavior ; and are 
 removable by the executive on address of the legislature, 
 and by impeachment. 
 
 Universal suffrage. 
 
 Members of the legislature are disqualified, for one 
 year, from accepting any office created, or any of the 
 emoluments of which have been increased, during mem- 
 bership. The clergy are disqualified for civil office. In 
 
 444. Kentucky. Of what does the legislature consist? Clualifica- 
 tions of members? How is the governor chosen? What are his 
 powers? What is the tenure of the judges? W hat other provisions?
 
 iM eXATE COVEUNMENTS. Purf IV 
 
 all elections, voting is in viva vnce, and not by ballot 
 Slaves may not he emancipated by hw, without constjtii 
 ot tht^ir owners; nor without making- their owners com- 
 pensation theroibr ; nor may be prohibited from being 
 brought into the stale by emigranls Laws shall be jws 
 sed to jjermit owners to emancipate on certain conditions, 
 and to prevent slaves from being brought into the state a« 
 merchandise, l^rovisions are made for the enacting of 
 laws requiring humane treatment, and trial by jury for 
 oiTences. Religious freedom is established. 
 
 445. Stale of Ohio. Constitution adopted in IF02 
 amendable by convention. 
 
 The legislature consists of a house and senate. Mem 
 bers of the house must have been resident citizens one 
 year, and paid taxes ; and they must be twenty-five years 
 of age. They are chosen in counties, according to the 
 number of white male inhabitants above twenty-one vears 
 of age. The whole number may not be less than thirty- 
 six, nor more than seventy-two. Senators ha\'Othc same 
 qualifications; are chosen on the same basis as the house, 
 for tv/o years, one half of their number to be renewed 
 annually .; and the whole number to be not less than oiio 
 third, nor more than one half of the number of rcprcsen 
 tatives. Legislature meets on the first Monday in De- 
 cember. 
 
 The executive cousi.sts of a governor only, who is eleo 
 led by the people for two years; is eligible six years in 
 eight; and is required to be thirty years of age, and a 
 resident citizen four years. He has tiie power of par- 
 doning, except in cases of impeachment. He has no 
 negative, nor appointing power. Speaker of the senate 
 succeeds in case of vacancy. 
 
 Judges are chosen by jofnt ballot of the two branches 
 of the legislature; and are removable on impeachment. 
 
 Universal sufirage and religious freedom are enjoyed. 
 Slavery is prohibited, and provision is made for ending 
 existing servitude by lapse of time. 
 
 445. Ohio. What provisions as to the legislature? The exccutivet
 
 Chap. III. INDIANA LOUISIANA. 185 
 
 446. Stale of Indiana. The constitution was adopted 
 in 1816. It is amendable by convention. 
 
 The legislature consists of a senate and house. Mora 
 bersare required to be resident citizens, and to have paicf 
 taxes. They are apportioned according to the number of 
 white male inhabitants above twenty-one years of age 
 Members of the house are chosen annually ; senators for 
 tliree years, one third renewable annually. Legislature 
 meets on the first Monday in December. 
 
 The governor is chosen by the people for three years, 
 and is eligible six years in nine; he must be thirty years 
 of age, and he must have been a resident citizen five 
 years. Fie has the power of pardon, except in case of 
 impeachment; and a qualified negative. He nominates all 
 oiTicers, with a few exceptions, to the senate. The lieu- 
 tenant gtivernor is j)resident of the senate. 
 
 The judges of the supreme court are appointed by the 
 governor, with the consent of the senate; the president 
 of the circuit (ov county) courts, by the joint ballot of the 
 two branches of the legislature ; and the a.ssociate judges 
 of this court are elected by the people. They are remo 
 vable on impeachment. 
 
 Education is liberally provided for. Slavery is prohi 
 bited. Acts of the legislature are not in force till publish 
 cd in print. Religious freedom is established. 
 
 447. State of Lnulsiana. Constitution adopted in 1^19 
 It is amendable by convention. 
 
 The legislature consists of a senate and house of rep- 
 resentatives. Senators, fourteen in number, are chosen 
 in districts, for four years, half renewed biennially. I'hey 
 must have been resident citizens four years; they must 
 be twenty- seven years of age, and freeholders to the valuo 
 of =€1000. Representatives are chosen for two years ; 
 they must have been resident citizens two years ; and 
 they must be freeholders. They are chosen on the basis 
 
 The judges? 443. Indiani. How are members of the legisla uro 
 (iijportioued? How elec:ed and qualified? The goveiDor'! ilo^ 
 ai-e the judges appoinicJ? 447. Louisiana. How is the lef,n>lalure
 
 186 STATE GOVERNMENTS. Part IV. 
 
 of the number of qualified electors ; and their number 
 may not be less than twenty-five, nor more than fifty. 
 Meeting of the legislature is on the first Monday in Jan- 
 uary. 
 
 The governor is elected for four years, and is ineligi- 
 ble for the next four years ; he must be a citizen resident 
 six years, thirty years of age, and a freeholder of $5000 
 value Clergymen and members of congress are ineligi- 
 ble. The governor has the power of pardoning, with the 
 assent of the senate, except in impeachments. He has a 
 qualified negative, and the general power of appointment, 
 with the consent of the senate. The president of the 
 senate succeeds in case of vacancy. 
 
 Judges hold their offices during good behavior ; and 
 are removable on impeachment, or address. 
 
 All white male citizens, who have paid a tax,*are vo- 
 ters. 
 
 The clergy are excluded from civil office. The con- 
 stitution is silent as to religion, education and slavery. 
 
 448. Stale, of Mississippi. Constitution adopted in 
 1S17. 
 
 The legislature consists of a senate and house ; mem- 
 bers of both are chosen by the qualified electors of the 
 state. Members of the house of representatives must bo 
 resident citizens two years: twenty-two years of age, and 
 freeholders of the valae of $-500. Whole number mu.st 
 never be less than thirty-six, nor more than one hundred, 
 chosen for one year. Senators shall never be less than 
 one fourth, nor more than one. third, of the number of the 
 house; apportioned on taxable inhabitants, in districts; 
 must be resident citizens four years ; twenty-six years of 
 asre; and have a freehold, or other estate of 81000. Time 
 of meeting, first Monday in November. 
 
 The governor is chosen by the same electors ; must 
 have been a citizen twenty years, a citizen resident five 
 years, thirty years of age, and a freeholder of the value 
 
 consiiiutedl The executive? Tenure of office of judges? 448. Afi5- 
 iisiijypL How is the legislature constituted? The executive? How
 
 Chap. III. ILLINOIS ALABAMA MISSOURI. 187 
 
 of $2000. He is chosen for two years. He has no pow- 
 er of appointment He has the power of pardoning, ex- 
 cept in cases of treason and impeachment, and he has a 
 qualified negative. There is a lieutenant governor, who 
 is president of the senate. 
 
 The judges are chosen by the legislature, during good 
 behavior ; they are removable by impeachment or address; 
 are disqualified at sixty-five years of age. 
 
 The provisions as to voters amount to universal sufTrage, 
 Clergy are excluded from civil office. Legislature shall 
 provide, by law, in what manner and in what courts suits 
 may be brought against the state. Religion and education 
 "shall be forever encouraged in this state." There is a 
 provision respecting slaves, similar to that in the constitu- 
 tion of Kentucky. 
 
 449. State of Illinois. This constitution was establish- 
 ed in 1818, and is, in general, so much like that of Mis- 
 sissippi, that it is unnecessary to notice anything but the 
 points of difTereuce. Slavery is forbidden in Illinois. 
 The governor and the judges of the supreme court, jointly 
 exercise the qualified negative on legislative acts, which, 
 in some other states, is vested in the governor. Meeting of 
 the legislature, first Monday in December, every second 
 year. Voting, viva voce. 
 
 450. State of Alabama.. Constitution adopted in 1819 
 The provisions are so similar to those in the state of Mis- 
 sissippi, that it is unnecessary to describe them. The great- 
 est numberof representatives is one hundred. The senate 
 not less than a fourth, nor more than a third of that num- 
 ber. Meeting, fourth Monday in October. 
 
 451. Slate of Missouri. Constitution adopted in 1820 
 This constitution is r<o much like that of Mississippi, that 
 it is needless to describe it. Meeting of the legislature. 
 
 are tlie judges chosen, and removed? What other provisions? 419, 
 4.")0, 451. What is said of the constitutions of Illinois, Alabama and 
 Missouri?
 
 |||8 GOVERNMENT OF N. YORK. Part IV 
 
 first Monday in November of every second year. Whole 
 linmber of representatives never to exceed one hundred. 
 
 (As measures are in progress in the states of North 
 Carolina and Tennessee for amending their constitutions. 
 it is deemed unnecessary to notice any of the provisions 
 in the present constitutions of those states.] 
 
 CHAPTER IV. 
 
 State of Ne2V York. — T.egislatire Dcjartn>f?i.t 
 
 452. The government of this state is divided into three 
 branches, the legislative, executive and judicial. The 
 manner in which these are severally constituted, and their 
 respective powers and duties, are prescribed by the con- 
 stitution, and the laws that have been enacted in pursu- 
 ance thereof 
 
 4.53. The legislature is composed of a senate and as- 
 sembly. The senate consists of thirty-two members, who 
 must be freeholders. They are elected for tour years ; aud 
 are apportioned equally among the eight senate districts 
 into which the state is divided. They arc so classified, 
 that the office of one senator in each district shall expire 
 every yeai', in order that one senator may be annually 
 elected in each senate district. [See constitution, Art. I 
 Sec. 5.] 
 
 454. The assembly consists of one hundred and twen- 
 ty-eight members, who are annualh' elected. These are 
 apportioned among the several counties, as nearly as may 
 be, according to the number of their respective inhabi- 
 tants. 
 
 455. It has been provided, by law, that members of the 
 legislature shall be privileged from arrest on civil process. 
 
 452. How is the gDvernment of this state divided? 453. How is 
 itie senate consiituted'? 4[>4. Oi what does the asscmbl}' consisi'?
 
 Chap. IV. LKGISLATIVE DEPARTMENT. 189 
 
 during their attendance at the session of the house to 
 which they belong, except on process issued in any suit 
 brought against them for any forfeiture, misdemeanor, or 
 breach of trust, in any office or place of public trust held 
 by them. They enjoy the like privilege for fourteen days 
 previous to the session ; and also while going to or from 
 such session, provided the time of going or returning do 
 not exceed fourteen days. Officers of each house, also, 
 while in actual attendance, are not liable to arrest on civil 
 process. Freedom of debate is secured to the members 
 of each house. 
 
 4:36. The legislature meets at the capitol, in the city of 
 Albany, on the first Tuesday in January in every year. 
 The manner in which each house is organized, the choice 
 of its officers, its mode of transacting- business, and its 
 power to punish members, are nearly the same as in the 
 national legislature. 
 
 457. If application is to be made to the legislature of 
 this state, for the passage of an act to divide or alter the 
 bounds of a county, city or village; or to erect or incor- 
 porate a new one; to impose a tax for any local purpose 
 in any county, in which the inhabitants of the county are 
 proposed to be taxed ; or to incorporate any association or 
 to amend its charter : persons so applying, are required 
 to give notice of the intended application by advertise- 
 ment, to be published for at least six weeks successively, 
 immediately before such application, or before the first 
 day of the session, at which the same is to be made. Such 
 notice is to be published in a newspaper printed in the 
 county, or in each of the counties in which the objects are 
 to be carried into effect, and also, in case of an intended 
 application for the imposition of any tax, in the state 
 paper. If there be no newspaper in a county in which 
 the notice is required to be published, the notice must be 
 published in the place nearest thereto, in which a news- 
 paper is published. 
 
 4.55. What privileges have members of the legislature? Us officers? 
 456. Time of meeting? Its organiza'ion, powers, &c.T 457. In 
 what ca.scs must previous notice be given of intended applications
 
 190 GOVERNMENT OF N. YORK, Part IV 
 
 458. Each member of the legislature receives for hi» 
 services, three dollars for each day's attendance, and three 
 dollars for every twenty miles of the distance from his 
 residence to the place of meeting, to be computed both 
 for going to, and returning from, the same. The clerk of 
 the senate receives a yearly salary of $1200, and the 
 ■clerk of the assembly, a salary of $1800; from which 
 each clerk provides his own assistants and clerks. The 
 chaplain, sergeant-at-arms, and doorkeeper of each house, 
 and assistant doorkeeper of the assembly, receive for each 
 day's attendance, the same compensation as members of 
 the legislature. 
 
 459. The clerks of the senate and assembly provide 
 furniture for the senate and assembly chambers, station- 
 ary, firewood and other articles, for the use of the legis- 
 lature, the expenses of which are paid out of the treasury. 
 
 CHAPTER V. 
 
 Executive Depnrtment. 
 
 460. The governor and lieutenant governor are the 
 two highest executive efficers in the state. Their princi- 
 pal powers and duties are prescribed by the constitution ; 
 and correspond, very nearly to the powers and duties of 
 the president and vice president of the United States. 
 The salary of the governor, as established by law, is 
 $4000 a year ; that of his private secretary, $5600. The 
 lieutenant governor has six dollars a day for his attendance 
 as president of the senate, or of the courts for the trial of im- 
 peachments, and the correction of errors ; and also as 
 commissioner of the land oflice and canal fund, when not 
 
 to the legislature? and howl 458. What is the compensation of 
 members and officers of the legislature? 459. How are the furni- 
 ture, stationary, 6tc. provided? 
 4S0. "Who are the highest executive officers of the stalel What
 
 Chap. V. EXECUTIVE DEPARTMENT I9< 
 
 attending the session of the senate, or of the court of 
 errors, or impeachments. He is also allowed six dollars 
 for every twenty miles travelling, in going to, or return- 
 ing from, the place of meeting in the discharge of these 
 duties. 
 
 461. The governor, like the president, is aided, in 
 the administration of the government, by numerous sub- 
 ordinate officers. The principal of these executive offi- 
 cers are, the secretary of state, the comptroller, the 
 treasurer, the attorney general, and the surveyor general 
 
 462. The secretary of state has the custody of all the 
 books, records, deeds to the state, parchments, maps and 
 papers to be deposited in his office. He receives from tiie 
 legislature bills that have become laws, and causes them 
 to be published. He distributes the printed laws and 
 journals of each session, among the members of the legis- 
 lature, the executive and judicial officers, the county and 
 town clerks, and other otHcers entitled to receive them 
 Four copies are also sent to the secretary of state of ihe 
 United States. The secretary of state has a deputy, who 
 may perform the ordinary duties of his office. The sec- 
 retary of state performs the duties of superintendent of 
 common schools. For the duties of both of these offices, 
 he has a sxlary of $1500. The deputy secretary receives 
 $1000: he serves as clerk, also, of the commissioners of 
 the land office. 
 
 463. The coviptroller superintends the fiscal or pecu 
 niary matters of the state. He exhibits to the legislature, 
 at its annual meeting, a statement of the funds of the state, 
 of its revenue, and of the expenditures during the prece- 
 ding year, with an estimate of the expenditures to be 
 defrayed from the treasury the ensuing year, specifying 
 the objects to be provided for by law. He also suggests 
 plans for improving and managing the revenues; keeps 
 and settles all the accounts of the state ; and draws wai^ 
 
 are their duties? What is their compensation'? 461. What are the 
 other principal execuiive officers? 4C2. What are the duties of 
 the secretary of state? What is his salary? That of his deputy? 
 463. What are the dudes of the comptroller? His salary? That of
 
 19^ GOVERNMENT OF N. YORK. Part IV 
 
 rants on the treasurer for the payment of all moneys 
 <lirected by law to be paid out of the treasury: and he 
 may, in behalf of the people of the state, when neccssarjr, 
 borrow money to pay demands against the state. Leases, 
 inortgagps, bonds, and other securiti( s given to the state, 
 arc kept in his office. He has a deputy who may perform 
 mobt of the duties of his office. The salary of the comp- 
 troller is $2-500; that of his deputy, $1500. 
 
 454. The treasurer receives all moneys paid into the 
 treasury of the state. He is required to give a bond in 
 the sum of fifty thousand dollars, with four or more sure- 
 ties, for the faithful performance of his duties. He depos- 
 ites the money that comes into his hands, in such banks 
 in the city of Albany, as shall be deemed safe, and shall 
 pay the highest rate of interest to the state; and he pays 
 all warrants drawn on the treasury by the comptroller 
 The salary of the treasurer is $1250 ; that of his clerk, 
 $800. 
 
 465. The attorney general prosecutes and defends all 
 the suits in which the state, is interested. And he may 
 not act as attorney in any private suit, unless the people 
 of the slate be interested in the event. He receives a sal- 
 ary of $1000. 
 
 466. The surveyor general superintends surveys and 
 sales of lands belonging to the state. He keeps in his 
 office a map, and when the bounds of a town cannot be 
 delineated, he may order a special survey to determine 
 disputes. He has a salary of ^SOO a year. 
 
 467. There is appointed b^ the legislature a state prin- 
 ter, by whom all printing required by the legislature to 
 be done for the state, or its executive officers, shall be exe- 
 cuted, unless otherwise especially provided by law. He 
 is required to be a printer of a newspaper, in the city of 
 Albany, which shall be deemed the state paper, and shall 
 be published daily, weekly, or semi-weekly, at his discre- 
 
 his deputyl 464. What are the duties of the treasurer? His salary? 
 Thai of his clerk? 40.'). What are the duties of the attorney gea- 
 en!? His salary? 4G6. What are the diUies of the surveyor gen- 
 eral? His salary? 467. How is ihe stale printer appointed? What
 
 ap. 
 
 VI. JUDICIAL DKPAHTMENT. 193 
 
 tioii, in which every law must be published. The state 
 printer prints a certain number of copies of the journals 
 of each house, for the use of the members, and for distri- 
 b'ltion throughout the state; and also a specified number 
 of copies of every bill, report, memorial, or other docu- 
 ment, ordered by either house to be printed. 
 
 i'oS. The salaries of the precedmg, and other officers 
 of the government, legislative, executive and judicial, 
 together with other expenses in administering the gov- 
 ernment of the state, are paid out of the general fund. 
 The general fund consists of the stocks, debts, and other 
 property of the state, together with the increase and reve- 
 nue thereof; all moneys paid into the treasury for duties 
 on pedlers ; and the fees of office received by the secre- 
 tary of state, the comptroller, and the surveyor general. 
 These otiicers receive fixed salaries ; and thefi' fees, which 
 are established, by law, are paid into the treasury, and 
 constitute a part of the general fund. 
 
 CHAPTER VI. 
 
 Judicial Deparlment. 
 
 4G9. No government can be said to be complete in 
 which provision is not made for the effectual administra- 
 tion of justice. The end of all judicial power is, first, to 
 oblige citizens to do what they should do between them- 
 selves, and to make reparation for wrongs ; and, secondly, 
 to punish them for crimes, and offences against the com- 
 munity. It must therefore be of the first importance, that 
 persons possessing the soundest judgment, and unyielding 
 integrity, be always selected to exercise this power. To 
 secure this object, the constitution hag made ample provis 
 
 are his cluiies? 468. How are the expenses of the state officers 
 paid? Of what is the general fund composed'? 
 
 o
 
 19 4. GOVERNMENT OF N. YORK. Part IV". 
 
 ion in the general government ; and the state constitutions, 
 generally, embrace similar provisions. 
 
 470. The several courts constituting the judiciary of 
 the state of New York, are the following : court of errors, 
 court of chancery, supreme court, circuit courts, courts 
 of common pleas and general sessions, courts of special 
 sessions and justices' courts. 
 
 471. The court of errors consists of the president of 
 the senate, the senators, the chancellor, and the justices of 
 the supreme court. As a court of errors, its business is 
 to decide cases brought by appeal from decrees in chan- 
 cery, and by writ of error from judgments of the supreme 
 court. Upon questions affecting the merits of the cause, 
 or any point dedded in either of the latter courts, the 
 chancellor or the justices, from whose decision the appeal 
 is brought, *have no voice in affirming or reversing the 
 decree or judgment. It has full power to correct and re- 
 dress all errors that may happen in those courts. The 
 judgment of the court of errors is remitted to the lower 
 court from which the appeal was brought, where procee- 
 dings shall be had to carry the appeal into effect. Th: 
 court also tries impeachments. 
 
 472. The powers of the court of chancery are vcstc.', 
 in the chancellor. Every circuit judge is vice chancellor 
 within the limits of his circuit, and has all the originV 
 powers vested in the chancellor, in matters that arise ■ 
 his own circuit, or wherein the defendants, or either 
 them, reside within it, subject, however, to the appella: 
 jurisdiction of the chancellor. And all appeals from an v 
 order or decree made by a vice chancellor to the court .. 
 errors, must first be reviewed by the chancellor, and by 
 him reversed or affirmed, except in cases wherein the 
 latter is interested. t . \ 
 
 473. The original intention of instituting this-cdort, w-^s 
 to supply the defects of the common law ; and its jurisdic- 
 
 469. What is the object of all judicial pn-wev? 470. What courts 
 oumposs the judiciary of thi-; 'Jtate? 471. Of what oir.cer.s is tho 
 court of errors composed? What are its power.'?? 47-3. In who-n 
 are the powers of the court of chancery vested? 473. For what
 
 Chap. VI. JUDICIAL DEPARTMENT. 195 
 
 lion extends to all cases in which the common law affords 
 no relief, or not that relief which equity requires. If a 
 person refuse to fulfil or execute a contract for the sale of 
 land, the vendor may sue at common law, and obtain dam- 
 ages ; but to compel the performance of the contract, a 
 decree of the chancellor is requisite ; and if the vendor 
 will not execute a deed of conveyance, the same may be 
 done by a master in chancery, of whom one or more are 
 appointed in every coimty, and who perform many other 
 duties, by order of, and as assistants to, the chancellor : 
 stating accounts, estimating damages, administering oaths, 
 taking affidavits, selling land, &c. 
 
 474. This court also, by injzmctio?i, prohibits persons 
 from doing acts that are against equity. A judgment 
 debtor may be restrained from disposing of his property; 
 banks may be restrained from doing further business in 
 case of supposed insolvency or unfiurness in their opera- 
 tions ; proceedings in law may be stayed ; persons may 
 be restrained from committing wastes or injury on lands ; 
 and many other like restraints are imposed, and protections 
 afforded, by injunction. The chancellor has the power 
 also of dissolving marriage contracts, and of decreeing 
 divorces. 
 
 47-5. In this court, no process is issued, until a bill of 
 complaint shall hax'e been filed by the plaintiff with the 
 clerk of the court, who then issues a subpoena, command- 
 ing the party complained of to appear before the court on 
 a day mentioned in the subpoena. The defendant makes 
 his answer, also in writing. Witnesses are examined on 
 both sides. These proceedings are had before an exam- 
 iner in chancery, who transmits them, with all the testi- 
 mony, to the vice chancellor for adjudication. If the 
 defendant does not appear to answer to the complaint, the 
 decree of the court is made upon the facts set forth in the 
 complainant's bill. 
 
 general purpose was tliis court instituted? What are the outies of 
 a master in chancery? 471. For what purposes are injunctions 
 laid! 475. What is ihe course of proceeding in a chancery suit!
 
 196 GOVERNMENT OF N. YORK. Part IV 
 
 476. Solicitors in chancery are in the nature of attor- 
 neys in courts of common laAv; they manage the pleadings, 
 prepare fjuestions for witnesses, and do every thing that 
 is done in a cause where the party does not appear in 
 person. Masters and examiners in chancery are appoin- 
 ted for every county in the state, by the governor and sen- 
 ate, for the term of tiiree years ; clerks are appointed, and 
 solicitors are licensed, by the court. 
 
 477. The principal business of the supreme court is to 
 review the proceedings of the lower courts, in cases that 
 have been brought before it by appeal. It holds four 
 terms annually. Issues involving suras in controversy 
 exceeding fifty dollars, are joined in the supreme court. 
 
 478. The state is divided into eight senate <iistricts ; in 
 each of these there is a judge, who holds annually at least 
 two circuit courts, and courts of oyer and terminer and 
 jail delivery, in ievery county. He has power, and it is 
 his duty, to try issues joined in the supreme court; to 
 record all non-suits and defaults before him : and to return 
 the proceedings into the supreme court. His duty as 
 judge at the court of oyer and terminer, is to try crimes 
 and misdemeanors, committed or triable in the county. 
 He has power to trv all indictments found in the court of 
 general sessions. Crimes and misdemeanors of the high- 
 est grade, are tried in this court. 
 
 479. A court of common pleas, consisting of a first 
 judge and four associate judges, is held in every county, 
 and has power to try actions arising within the county, 
 and all transitory actions, although the same may not have 
 arisen within the county ; and to hear and determine ap- 
 peals from justices' courts. It has also the power to try 
 issues joined in the supreme court, as the circuit court. 
 Any three judges of the county courts have power to hold 
 a court of common pleas, or of general sessions of the 
 peace. 
 
 What are the duties of an examiner? 476. What are solicitors in 
 chancery? How are ihe several officers of this court appointCiiT 
 477. What is the business of the supreme court? How constituted? 
 (See constitution.) 478. How are circuitcourls constituted? What 
 are their powers? 479, 480. How are courts of common pleas
 
 Chap. VI. JUDICIAL DEPARTMEKT. 197 
 
 480. When a sufficient number of judges shall not ap- 
 pear at a court of general sessions, justices of the peace 
 shall be associated with a judge or judges. This court 
 has power to try and punish all crimes and misdemeanors 
 nut punishable \vith death, or imprisonment for life; and 
 to send all indictments for offences not triable therein, to 
 the next court of oyer and terminer and jail delivery ior 
 trial. The duties of this court are numerous. 
 
 481. The salaries and compensation of judicial officers 
 are as follows : The chancellor and the three justices of 
 the supreme court have a salary of $2500 each ; the cir- 
 cuit judges, $1600 each; senators as members of the court 
 of errors, when the legislature is not in session, have the 
 same compensation as is received by members of the 
 legislature. Judges of county courts receive two dollars 
 a day, during their attendance at court. 
 
 482. A court of special sessions, consisting of three 
 justices of the peace, or two justices and one judge of the 
 county court, may be held for the trial of certain offences 
 against the peace. 
 
 483. For the administration of justice in the several 
 cities in this state, or most of them, special provisions are 
 made by law; and their courts are in many respects dif- 
 ferently constituted from those in the several towns and 
 counties in the state. 
 
 484. Juries for the trial of issues of fact are thus ob- 
 tained ; The supervisor, town clerk and assessors of the 
 several towns, make a list of persons to serve as jurors, 
 who shall be free from all legal exceptions, of approved 
 integrity, of sound judgment and well informed. The 
 names of these persons are transmitted to the county clerk; 
 from which he draws, fourteen days before the holding of 
 every court, the names of thirty-six persons to serve as 
 jurors, and any additional number that shall have been 
 ordered. The slips of paper on which the names are 
 
 and general sesions constituted'? What are their pswers'! 481. 
 What is the compensation of the several judicial officers? 482. Of 
 what do courts of s)>ecial sessions constitute? 483. What provis- 
 ion is made lor adniinislering justice in citiesl 484. How are Usts
 
 198 GOVERNMENT OF N. YORK. Part IV. 
 
 written, are put into a box, and shaken so as to mix them 
 as much as possible; and thoy are then drawn out by the 
 clerk, in presence 0/ the sheriff and a judge of the county. 
 The list so drawn is thtn delivered to the sheriff, who 
 summons the persons named therein to attend the silting 
 of the court. These are called fetit jurors, twelve of 
 whom sit on every trial, and all must agree in order to 
 conviction or judgment. 
 
 485. Grand jurors are obtained in the same manner as 
 petit jurors, except that the list is prepared by the super- 
 visors at tlieir annual meeting. Not more than twenty- 
 three, nor less than sixteen persons, are sworn on any 
 :,'rand jury. One of their number is appointed by the 
 I'ourt as foreman, who administers the oa:ths to witnesses 
 appearing to testify before the jury. Every grand jury 
 appoints one of their number to be clerk. The minutes 
 are preserved and delivered to the district attorney, when 
 so directed. 
 
 486. It is not the business of grand juries to try issues. 
 They attend during the sitting ol the courts, to hear com- 
 plaints that may be brought before them for breaches of 
 the peace, or lor crimes ; and declare whether or not the 
 person complained of shall be put upon his trial. If 
 twelve of the jurors are of opinion that he ought to be 
 tried, the district attorney draws up an indictment, stating 
 the crime charged upon him. The foreman signs in be- 
 half of the jury, and it is carried by the jury to the court. 
 The accused is then called to be put upon trial. If he 
 has never been arrested, a w^arrant is issued to arrest him ; 
 and if he be not ready for trial he is put into prison, unless 
 he give bail for his appearance for trial at the next court. 
 On indictment for capital offences, this privilege may not 
 be given. 
 
 487. Justices^ courts are courts of the most limited 
 jurisdiction, and are held by the justices elected in each 
 
 of nelitjiiror.s prepared? How many are drawnl By whom? In 
 what manner? 485. How are lists of grand jurors prepared? 
 What number mav be sworn to serve? 486. How i.« the business 
 ol the jury conducted? What number mu.st be agreed in order 10
 
 Ohap. VI. JUDICIAL DEPARTMENT. 199 
 
 town. They have power only to try causes wherein the 
 damages claimed do not exceed fifty dollars ; excepting 
 that, in actions commenced by attachment of property, 
 wherein the damages claimed do not exceed one hundred 
 dollars, ihey have jurisdiction; and they may also take 
 and enter judgment on confession of a defendant for the 
 sum of two hundred and fifty dollars. But they have no 
 power to try assault and battery, false imprisonment, slan- 
 der or malicious provocation; nor any matters wherein 
 the sum total of the accounts of both parties is more than 
 four hundred dollars. Any justice being a tavern keeper, 
 shall have no power other than that of issuing executions 
 upon judgments rendered by him before he became so 
 disqualified. 
 
 488. Actions must be brought before some justice of 
 the town wherein either a plaiatifT or defendant resides, 
 or of the town next adjoining. But if a defendant has 
 absconded, the suit may be brought before a justice of the 
 town wherein the defendant ov bis property may be. If 
 the plaintiff or defendant be a non-resident of the countj', 
 the suit may be brougiit in the town wherein the plaintiff 
 or defendant may be. ' 
 
 489. Either party thinking himself aggrieved by a 
 judgment rendered before a justice, for damages not ex- 
 ceeding twenty-five dollars, may remove the same by a 
 writ of certiorari, to the court of common pleas. And if 
 the judgment excee.d that amount, the party to the judg- 
 ment xii-CKy appeal therefrom to the said court. In a case 
 brought by certiorari, the judges act without jury, and 
 give their judgment upon the affidavit of the party remo- 
 ving the suit, and the return of the justice, in which the 
 testimony and proceedings before the justice are set forth. 
 Issues of fact brought up, on appeal, are tried by a jury, 
 or referred in the same manner' as an original suit. Juries 
 are allowed in all cases in justices' courts, if desired by 
 either party. 
 
 iudict? 487. How far does the jurisdiction of a justice's court 
 exteudi In what case does a justice become disqualified? 4H8. 
 Where must actions be commenced? 489. How are causes removed 
 in the court of common pleas?
 
 200 GOVERNMENT OF N. YORK. Part IV 
 
 CHAPTER VII. 
 
 Of Counties. — Cou-n^y Ojjlccrs — Iheir Powers and Du- 
 ties. 
 
 490. For tlip more convenient administration of justice. 
 It has been found necessary to divide states of any con- 
 siderable extent, into districts, with administrations adap- 
 ted to the management of their loeal affairs. The first 
 !j;Tand division in these United States, is into counties, or 
 skires: these are again subdivided into towns. I'liese 
 districts correspond to similar institutions in England, the 
 country of our ancestors. 
 
 491. A county or town, as a body corporate, has certain 
 powers and rights. A corporation or body politic, means 
 a number of persons formed.or inci)r'po rated into one body, 
 with the power of acting under one name. The ward 
 corporation is derived from the Lstin, corf us, meaning 
 body. Corporations have a perpetual succession. For. 
 when the persons constituting a corporation shall have 
 passed off, and been succeeded by others, the corporation 
 will still exist. Every state, county or town, as well as 
 every bank or turnpike company, acting under a common 
 name, by virtue of a public law, is a corporation. 
 
 49-2. Each county in the st;i*tfe has a capacity to sue and 
 be sued; to buy and hold lands within its own limits; to 
 buy and hold such personal property as may be necessary 
 to the exercise of its corporate powers ; and to make 
 such orders for the regulation and use of its property 
 as the interests of its inhabitants may require. 
 
 493. The principal county officers are, the board of 
 supervisors, a county treasurer, a clerk, a sheriff^ four 
 coroners, a surrogate, and a district attorney. 
 
 400. How are states divided? For what piirposel 481. What 
 i.-^ a corporoiion? 492. What capacity er powers does a county p*-.^- 
 sess? 493. What are the principal officers appointed and elected in
 
 Chap. VII. COUNTY OFFICERS. 201 
 
 404. The board of supervisors consists of the supervi- 
 sors of the several towns in the county, who meet annually 
 on a day designated by law, which is, in most of the 
 counties, in the month of October or November ; and they 
 mav also hold special meetings whenever it may be ne- 
 cessary. Their duties and powers are, to make orders 
 respecting the corporate property of the county ; to ex- 
 amine and settle the accounts against t-he county, and to 
 order the raising of money to defray its expenses; to 
 provide for repairing the court house and jail, and fitting 
 them for the purposes for v^^hich they are riaquired. They 
 choose one of their number, at every meeting, to preside . 
 as chairman, and appoint some proper person to be their 
 clerk% whose duty it is to record the proceedings of the 
 board, and to preserve and file all accounts' passed upon 
 by the board. , " 
 
 495. The county treasurer is appointed by the board 
 of supervisors, and holds his office at th&ir pleasure. He 
 gives a bond, with sureties,for the faithful execution of 
 his duties. It is his duty to receive all moneys belonging 
 to the county, and all moneys belonging to the state, that 
 arc by law directed to be paid to him; and to pay and 
 apply such moneys in the manner required by law, and 
 to render a true account thereof to the board of supervi- 
 sors and to the comptroller of the state when required. 
 
 496. The comity clerk is elected by the pet>ple at the 
 annual election, and holds his olRce for three years. He 
 has the custody of all the books, records, deeds, parch- 
 ments, maps and papers, relating to the business of the 
 olTioe He records, in books prepared for that purpose, 
 all deeds, mortgages, or other conveyances, and all papers 
 and documents I'equired bv law to be recorded. He also 
 files all papers required to be filed rn his office. He ap- 
 points a deputy clerk, who is authorized to perform the du- 
 ties of the office. County clerks, except in the county of 
 New York, serve also as clerks of the county and circuit 
 courts held in their respective counties. 
 
 each county? 494. What are the powers and duties of the Board 
 of supervisors? Of their clerk? 495. How is the county tr<::astirer 
 appointed? What are his duties'? 496. How is the county clerk
 
 202 GOVERNMENT OF N. YORK. Part IV- 
 
 497. Sheriffs also are elected at the annual election in 
 November, for three years- they may not be re-elected 
 
 ' for the next three years. A sheriff is required to give a 
 bond, with sureties, in the penal sum of twenty thousand 
 dollars, for the faithful performance of his duties ; and this 
 bond is to be renewed every year. He appoints an tinder 
 sheriff^ who performs the duties of sheriff when the office 
 shall be vacant, and as many deouties as he may think 
 proper. It is the duty of the sheriff to attend the sitting 
 ail courts held in the county; to serve all processes 
 irectcd to him by any of the state or county courts; to 
 have the custody of the jails and prisons, and the prison- 
 ers in the same. Executions issued out of au}'^ courts in 
 the state, again.st the property of any person, are directed 
 to the sherifT of the county in which the person resides. 
 
 498. When a person has been slain, or has suddenly , 
 died, or has been dangerously wounded, notice is given to 
 the coroner, who goes to the place where such person 
 shall be, and summons a jury to make inquisition respec- 
 ting such death or wounding. Witnesses are also called, 
 among whom there is a physician or :)Urgeon. The jury, 
 upon inspecting the body of the person dead or wounded, 
 and hearing the testimony, deliver to the coroner their 
 inquisition, in writing, stating in what manner the person 
 came to his death, or was v\-ounded. If a murder or as- 
 sault has been committed, the coroner binds over the wit- 
 nesses to appear and testify before the grand jury at the 
 
 Maext criminal court to be held in the county. An exami- 
 nation of this kind, into the cause of a person's death, is 
 o-alled a coroner'' s hujucxt. Coroners also perform the 
 duties of sheriff^ when vacancies happen in the oiBces of 
 both sheriff and under sheriff 
 
 499. A mrrogalt is a person that is appointed to make 
 inquiry into, and settle the estates o{ persons deceased. 
 \\v exammes witnesses to prove whether the wills made 
 
 elected? What nre iis duties'? Of his deputy'' 497. How are 
 slipriffs elected? What are their duties? What subordinate oifieers 
 do they appoint! 498. What are the duties of coroners? What 
 ') aer duties soinetimes devolve on iheni? 499. What are the du-
 
 Chap. VIII. TOWN OFFICERS. 203 
 
 by such persons are valid or not. If he be satisfied that a 
 will was executed as the law requires, he approves of it. 
 If there be no will, or none that is legal, he appoints an 
 administrator to dispose of the property, and settle the 
 estate. The person exercising the duties of surrogate, is 
 in some states called a judge of probate. Probate is a 
 Latin word, meaning proof; and is used in law to signify 
 the proving of a will. Surrogates, in this state, are ap- 
 pointed by the governor and senate. 
 
 500. The diairict attorney attends the courts oyer and 
 
 terminer and jail delivery, and general sessions, and gou- 
 
 diicts all prosecutions for crimes cognizable in such courts. 
 
 T)i*trict attorneys are appointed by the judges of the 
 
 jiective county courts. 
 
 CHAPTER VI] I. 
 
 Of Toiriis. — Election of Toxcn OjJi.cer.<; — their Poiccrs 
 ana Duties. 
 
 501. Towns are made to comprise such portions of 
 territory as will admit of a direct participation in their 
 government by all the people. The - government of a 
 town is therefore purely democratic. Towns are incor- 
 porated by a general law of the state ; and their organi- 
 zation is uniform, and their powers and privileges are the 
 same, throughout each state. 
 
 502. A town, as a body corporate, may sue and be sued: 
 buy and hold lands, within its own limits, for the use of 
 its inhabitants; buy and hold personal property necessary 
 to the exercise of its corporate powers ; and make such 
 orders for the disposition and use of its propert3% as the 
 
 ties of a snrrosfate? 500. What are the dutiesof a district attornej-? 
 How appointed? 
 
 591. Of what character is the government of a town? Howare! 
 towns hicorporaled? 50:2. What are its corporate powers? 503. When
 
 204 GOVERNMENT OF N. YORK. Part IV. 
 
 interests of its inhabitants may require. The electors of 
 a town have power, at their annual town meeting, to direct 
 money to be raised for town purposes; to establish the 
 compensation of certain town officers ; to make regulations 
 as to fences; to direct what sum shall be raised in the 
 town for the support of common schools ; and to perform 
 sundry other acts that relate to their internal affairs. 
 
 503. A meeting of the citizens qualified to vote, is held 
 in each town in the state, on some Tuesday between the 
 first Tuesday in February and the first Tuesday in May, 
 in each year, for the election of town officers. The officers 
 to be elected are, a supervisor ; a town clerk ; assessors, not 
 less than three, nor more than five; a collector; two over- 
 seers of the poor ; three commisioners, and three inspec- 
 tors of common schools; constables, not more than five; 
 a sealer of weights and measures ; as many overseers of 
 highways as there are road districts in the town ; and so 
 many pound masters as the electors may determine. Ail 
 the town officers must be elected by ballot, except the 
 sealer, overseers of highways, and pound masters ; who 
 may be elected, eh her by ballot, by aves and noes, or by 
 the rising and dividingof the electors, as the meeting mav 
 determine. All the officers voted for by ballot, shall be 
 named in the same ballot. 
 
 504. The supervisor receives and paj's overall moneys 
 raised in the town, for defraying town charges, exce[)t 
 those raised for the support of highways and bridges, of 
 common schools, and of the poor, where poor moneys arc 
 raised. He prosecutes for penalties of fifty dollars or 
 under : keeps account of m.oneys received and disbursed 
 by him, and accounts annually to the justices and town 
 clerk: attends the annual meeting of the board of super- 
 visors of the county; and lays before such board all ac- 
 counts presented to him against the town. 
 
 505. The toicn clerk keeps the records, books and pa- 
 pers of the town, and files all papers required to be filed 
 
 are town meeting's in the state of New York held? What officers 
 are chosen! How are they voted fori 504. What are the power*; 
 and duties ot a supervisor? 503. What are the duties of a town
 
 Chap. VIII. TOWN OFFICERS. 20.5 
 
 in his office, and records the minutes of the proceedings 
 of town meetings. 
 
 506. It is the duty of every member of the community 
 to contribute to its support and prosperity. This duty 
 resuhs from the relations of men in civil society. Where- 
 soever this duty exists, there exists also, of necessity, the 
 right to enforce it. Taxes, to be equitable, ought to be 
 laid, not upon persons, but upon the property possessed or 
 used by individuals. It is upon this principle that taxa- 
 tion is founded in this country. 
 
 507. All lands,' and all personal estate, are liable to 
 taxation in this State.- Lands, real estate, and real jjrop- 
 erty, have the same meaning, and include land with all 
 buildings, and other articles erected or growing thereon. 
 
 ■Pp.rsonal estate and personal property, include all house- 
 "hold furniture, moneys, goods, chattels, debts due from 
 solvent debtors, &c. 
 
 508. Assessors pass through the town, and set down 
 the names of all taxable inhabitants, and the value of all 
 the real and personal property of each, deducting from his 
 persona] property the debts owing by him. After the assess- 
 ment roil shall be completed, notices shall be put up in three 
 or four places in the town, stating that the assessment roll 
 is completed, and left whh one of their number, to be de- 
 signated in the notice, where the same may be examined 
 by any of the inhabitants during twenty days ; at the ex- 
 piration of which time, the assessors meet at the time 
 specified to review their assessments. Persons who con- 
 ceive themselves aggrieved by too high a valuation of 
 their property, make affidavit of its true value; and the 
 the assessors then reduce their assessments accordingly. 
 
 509. The assessment rolls of the several towns in the 
 county are examined by the board of supervisors at their 
 annual meeting ; whose duty it is to equalize the valua- 
 tions of one town with those of another. The tax is then 
 estimated, which is done by a clerk appointed for that 
 
 ekrk? 506. What is the proper principle of taxation? 507. What 
 is rcaZ propel tv? Per so-n^Z property? 508. How are assessments 
 made? 509. By whom are the assessment rolls examined? Who
 
 206 GOVERNMENT OF N. YORK. Part IV. 
 
 purpose, and set down opposite the name and amount of 
 the property of each individual on the roll. A copy of 
 the assessment roll is then delivered to each of the super- 
 visors, who delivers it to the town clerk of his town, to be 
 kept for the use of the town, and another copy is to be 
 delivered to the collector of the town by the fifteenth day 
 of December; to which roll is annexed a warrant, under 
 the hands and seals of the board of supervisors, command- 
 ing' him to collect from the several persons named in the 
 roll, the amount of tax opposite their respective names. 
 
 510. The collector, upon receiving the tax list and war- 
 rant collects the taxes. If any person shall refuse or 
 neglect to pay the tax imposed on him, the collector shall 
 levy the same by distress and sale of the property of the 
 person from whom the tax is due. The collector is requir- 
 ed to pay out of the moneys by him collected, to the com- 
 missioners of common schools, overseers of the poor, 
 (where there is no poor house in the county,) commission- 
 ers of highways, and the supervisors, the sums required 
 in the warrant to be paid to them ; and the remainder is 
 paid to the county treasurer; the collector first retaining 
 the compensation to which he is entitled. 
 
 511. It is the duty of the over seem of the poor, on ap- 
 plication being made to them for the relief of poor or 
 indigent persons, to provide for their support in the town; 
 or, in a county ni which there is a poor house, for their 
 removal to the poor house of the county, to be supported 
 at the expense of the county. 
 
 512. The commissioners of highicayx have the care and 
 superintendence of the highways and bridges in the town: 
 and it is their duty to alter and lay out loads, and build 
 bridges, and to cause them to be repaired. They divide 
 the town into so many road districts as are judged con- 
 venient, and require the overseers of highways to warn all 
 persons in their respective districts to work on the high- 
 ways, the number of days they shall have been assessed 
 
 estimates the tax? 510. By what officer, and how, are taxes col - 
 Iccied? 511. What are the duties of overseers of the poor? 512. What 
 ue tite duties of cominissioa«rs of highwaysT 513. What arethe
 
 Chap. VIII. TOWN OFFICERS. 207 
 
 by the commi.ssioners. Every person owning or occu- 
 pying' land in the town, and every male inhabitant of the 
 ao-e of twenty-one years, residing in the town where the 
 assessment is made, may be assessed to work on the high- 
 ways. 
 
 513. The commissioners of common scAoo/s divide their 
 town into school districts, number them, and deliver the 
 numbers and des'^ription thereof to the town clerk to be 
 recorded. They also apportion the school moneys recei- 
 ved by them, among the several districts. Commission- 
 ers are authorized to serve as inspectors of schools. 
 
 .514. The inspectors of common schools examine all 
 persons offering themselves as teachers ; and if they are 
 satisfied as to the qualifications of a candidate, in respect 
 to moral character, learning and ability, they deliver 
 to him a certificate signed by them, stating that they 
 believe him to be duly qualified. It is also made their 
 duty to visit all the schools in their town, at least once a 
 year, to examine into their state and condition, and to give 
 their advice as to the government of the schools, and the 
 course of studies to be pursued in them. 
 
 .515. The duties of a constable are very numerous. 
 His principal duties are, to serve all processes issued by 
 justices of the peace, of a civil and criminal nature, to 
 collect debts on execution, to aid in keeping the peace, and 
 to apprehend and secure criminals. He is properly an 
 executive officer, as his business relates to the execution of 
 the laws. 
 
 516. Four justices of the peace are chosen in each 
 town in the state, (except in cities,) whose duty it is to 
 administer justice in the town in which they are chosen. 
 As these are judicial officers, their powers and duties may 
 be considered as more properly falling under the head of 
 " Judiciary," or " Courts of Justice." 
 
 duties of commissioners of common schools? 514, What are the 
 duties of inspectors of common schools'? 515. What are the duties 
 ©f constables? 51fi. What are the duties ol justices of the peace?
 
 208 GOVERNMENT OF N. YORK. Part IV. 
 
 517. In this state, the election of all public officers by 
 the people at large, is by fluralHy; that is, the person is 
 elected who has more votes than any other, although he 
 has not a majority of the whole. In some of the states, 
 a majority of all the votes given, is nec-^ssary to a choice: 
 this is called election by 'tiiajoriiy. It is objected to the 
 mode of election by plurality, that a candidate may be 
 elected by a minority of the voters, as is often the case 
 when thei^e are three or move candidates. But it is be- 
 lieved that this objection is more than counterbalanced by 
 the difllculty of effecting an election, Avhich is often expe- 
 rienctd where the majority system prevails. When par- 
 lies are nur^erous, and nearly equally balanced, it is impos- 
 sible to elect the candidate of either, while ea.:h adheres 
 to its own: and the consequence is, that such districts 
 sometimes remain for a long time unrepresented in the 
 state and national councils. 
 
 517. What mode of election prevails in this state? What is meant 
 by election hy fMralily? What is election by majorilyl What are 
 the objections lo these respective modes?
 
 PART FIFTH. 
 
 OF THE CIVIL JURISPRUDENCE OF THE UNITED 
 STATES. 
 
 CHAPTER I. 
 
 Of the Rights of Persons. — Absolute Personal Rights. 
 
 518. The rights of persons are usualh- considered to 
 be of two sorts, absolute and relatiA^e. By absolute rights 
 are meant those which belong to men as individuals or 
 single persons, or those which would belong to their per- 
 sons in a state of nature, and which every man is entitled 
 to enjoy, whether out of society or in it. These rights 
 are resolved, into the right of personal security, the right 
 of personal liberty, and the right to acquire and enjoy 
 property. Rights called relative are those which are in- 
 cident to men as members of society, and as standing in 
 various relations to each other. 
 
 519. But although a distinction clearly exists between 
 these two classes of rights, it would seem that they are 
 imperfectly distinguished by the terms absolute and' rela- 
 tive : because, the rights termed absolute, though they are 
 founded in the law of nature, and are inherentand unalien- 
 able, may be forfeited and lost by the commission of crime. 
 Besides, Avhat would be the rights of man, were he exclu- 
 ded from ail society? The idea of right always pre- 
 
 518. Into what two classes are the rights of persons distinguished? 
 5iy. Ill what consists thy difference in these classes of rights?
 
 210 CIVIL JURISPRUDENCE OF THE U. S. Part V. 
 
 supposes some existing relation between persons. Both 
 classes are therefore in some respects relative, and neither 
 is in all respects absolute. Yet, as the one class, being 
 founded in the primary, universal and permanent relations 
 of social nature, cannot be alienated by voluntary trans- 
 fer; and as the other class arises from the civil and do- 
 mestic relations, which a man has the liberty and capacity 
 of forming and changing, they have been generally, and 
 with a considerable degree of propriety, distinguished as 
 absolute and relative. 
 
 520. To protect mankind in the enjoyment of their 
 rights, is the object of law. The law existing in this 
 country, by which the rights of individuals are secured, 
 is the common law of England, which was brought hither 
 by our ancestors. This law has been adopted, and de- 
 clared in force, by the constitutions of some of the states, 
 and by statute in others ; and where it has not been so 
 explicitly adopted, it is nevertheless to be considered the 
 law of the land, in all cases in which it has not been 
 altered by statute or usage. 
 
 521. The absolute rights of personal security and per- 
 sonal liberty, were privileges peculiarly dear to English 
 freemen. The colonists claimed these privileges as nat- 
 ural and unalienable rights, of which they," as British 
 subjects, could not be deprived. These rights wext fre- 
 quently asserted and declared during their colonial 
 dependence; and provisions most effectually securing 
 these rights, have been transcribed from the fundamental 
 acts of the British parliament, into our national and state 
 constitutions. [See cons. U. S. art. 1, sec. 9, clauses 2, 3; 
 art. 3, sec. 2, cl. 3; sec. 3; amendments, art. 4, 5, 6, 7, 8] 
 
 522. The personal security of every citizen is further 
 protected by the lav/ by which a man, on showing rea- 
 sonable cause, may require his adversary to be bound to 
 keep the peace. And if violence has been committed, 
 the offender may be prosecuted in behalf of the state, and 
 
 .V20. By what law are the rights of individuals securedl 521. From 
 what were the provisions securinjc these rii^hts transcrihed into »nr 
 state and national GonbUtuiions? b'2i. How is the personal security
 
 Chap. I. PERSONAL RIGHTS. 211 
 
 punished; and he is also bound to render to the party ag- 
 grieved compensation in damages. 
 
 523. The law affords additional protection to this right 
 by permitting a man to exercise the natural right of self- 
 defence. Homicide is pronounced justifiable in cases in 
 which it is necessary in self-defence, against a person who 
 comes to commit a knoAvn felony with force against one'.s 
 person, habitation or property, or against the person or 
 property of those who stand in near domestic relations. 
 But homicide is not strictly justifiable in defence of a 
 private trespass, nor upon the pretence of-necessity, when 
 the party is not free from fault in bringing that necessity 
 upon himself 
 
 524. Personal security includes the preservation of a 
 man's good name from injury by slander or detraction. 
 The slander of a person by words, is a civil injury for 
 which damages may be obtained. The injury consists in 
 falsely and maliciously charging another with the com- 
 mission of some public offence, or the breach of some 
 public trust, or with any matter in relation to his trade or 
 vocation, which, if true, would render him unworthy of 
 employment; or with any other thing by which special 
 injury is sustained. 
 
 525. A slander communicated by writing or printing, 
 is calculated to have a wider circulation, to make a deeper 
 impression, and to become more injurious. Words, 
 therefore, may be libellous if printed, which would not be 
 actionable if spoken. A libel is defined to be a malicious 
 publication, in printing or writing, signs or pictures, 
 tending either to blacken the memory of one dead, or the 
 reputation of one alive, and expose him to public hatred, 
 contempt or ridicule. And the law considers it a public 
 a,s well as private injury, and make? the offender both 
 liable to a private suit for damages, and answerable to the 
 state by indictment. 
 
 of our citizens protected? 523. What additional protection is af- 
 forded? 524. In what does t.he injury of .slander consist? 525.Wliat 
 is slander defined to be? What i.s the difference in the effect of 
 slander by writing or printing, or by words? 52G. What is the law
 
 212 CIVIL JCRispRVDENCE OF THE V. s. Part V. 
 
 526. It is the established principle of the English law, 
 that the truth of the matter charged as libellous, cannot 
 be shown by way of justification; because, whether true 
 or false, it is equally dangerous to the public peace: and 
 it is presumed that the publication is made with a mali- 
 cious intent. The judicial decisions seem to have estab- 
 lished the same doctrine in this country, except where it 
 has been controlled by constitutional and legislative pro- 
 visions. 
 
 527. But to give a wider lathude to the liberty of the 
 '■press, special provision has been made in several of the 
 
 slates by statute, and in others by their constitutions, in 
 favor of giving the truth in evidence in public prosecu- 
 tions for libels. The constitution of New York declares, 
 that the truth may be given in evidence to the jury; and 
 that if it shall appear to the jury that the matter charged 
 as libellous is true, and that it was published with good 
 motives, and for justifiable ends, the party shall be acquit- 
 ted. Public opinion in this country, seems to be pretty 
 generally in favor of this principle. 
 
 528. The opinion seems to prevail, that, in private ac- 
 tions for damages, the truth may, in all cases, be pleaded 
 in justification ; inasmuch as private action rests upon the 
 injury sustained. There exists, however, a contrariety of 
 opinion on this point: and indeed, it is not easy to per- 
 ceive any good reason for this distinction between cases 
 of public and private prosecution. Justice would seem to 
 require, that in either case, the object of inquiry should 
 be the good or evil intentions of the publisher. 
 
 529. The right of personal liberty is guarded with 
 equal ef]^.>ct, by the national constitution, to which rhe 
 laws and constitution of every state must necessarily con- 
 form. Every re.-?'.raint upon a man's liberty, the law 
 considers atl imprisonment; and whenever a person is 
 detained with or without due process of law, unless for 
 
 'respecting admitting the tr»th a.s a justificalion of a libel? 527. 
 Wliai special provisions m relation to this subject, have been made 
 in the .slates? 528. In what actions may the truth be admitted in 
 all ca,ses? 5'29. How is personal liberty secured? 530. What is
 
 Chap. I. PERSONAL RIGHTS. 213 
 
 treason or felony specially expressed in the Avarrant of 
 commitment, or unless such person be a convict, or legal- 
 ly charged in execution ; he is entitled to his writ of ha- 
 beas corpus. 
 
 530. The statute of New York requires that the appli- 
 cation' for this writ must be to the supreme court, or chan- 
 cellor, or a judge of the court, or other officer having the 
 powers of a judge at chambers ; and that it be by petition, 
 in writing, signed by or on behalf of the party. It must 
 also state the grounds of the application ; and the facts 
 must be sworn to. If the person on whom the writ is 
 served shall not promptly, without sufficient excuse, pro- 
 duce the party imprisoned, he is liable to be forthwith 
 attached and committed to close custody, until he shall 
 have obeyed the writ. 
 
 531. If a person has been discharged upon habeas 
 corpus, he cannot be reimprisoned for the same cause 
 but it is not deemed the same cause, if the discharge was 
 granted for the want of sufficient proof, or for a defect in 
 some of the proceedings in the case. The law makes the 
 reimprisonment of a party duly discharged, a misdemean- 
 or, subjecting the offender to fine and imprisonment, and 
 a penalty of $1250, to be paid to the party aggrieved. 
 
 532. Persons confined upon a criminal charge, who 
 shall not have been indicted, must be discharged within 
 twenty-four hours after the discharge of a grand jury of 
 the county, unless cause be shown for the delay. And pris- 
 oners indicted, unless tried at the next court after the inictd- 
 jnent is found, are entitled to be discharged, unless the 
 public prosecutor show satisfactory cause for delay. If 
 there be good reason to believe that any person illegally 
 confined, will be carried out of the state, before he can be 
 relieved by habeas corpus, hoth. the prisoner, and the party 
 detaining him, may be brought up for examination, 
 before the court or officer authorized to issue the writ, to 
 
 the manner of applying for, granting, and sejving the writ of ha- 
 beas corpus? 531. In what cases may a person be re-imprisoned 
 for the same cause? 53-2. What does the law further provide
 
 214 CIVIL juRisPRUDEXcE OF THE V. s. Part V. 
 
 be dealt with according to law. The above provisions in 
 relation to habeas corpus, from the Revised Statutes of 
 New York, are, with some slight exceptions, the law of 
 every state in the union. 
 
 533. Freedom of religious opinion and worship, is one 
 of the absolute personal rights, secured by the constitu- 
 tions and laws of this country. The general government 
 is expressly prohibited from making any law respecting 
 the establishment of religion, or prohibiting its free exer- 
 cise ; and the state constitutions have adopted the same 
 principle. 
 
 CHAPTER II. 
 
 Of the Doimstic Relations. — Husband and Wife. 
 
 534. Tiiii: relation of husband and wife, as it is the 
 most important of the domestic relations, will be first con- 
 sidered. Marriage, to be valid in law, requires the con- 
 sent of parties capable of contracting. No persons are ca 
 pable of binding themselves in marriage, until they have 
 arrived at the age of consent, which, by the common law 
 of the land, is Jlxed at fourteen years in males, and twelve 
 in females. Idiots and lunatics cannot legally contract 
 iparriage. 
 
 • 535. No person can re-marry while the former hus- 
 band or wife is living. Such second marriage is null and 
 void, except in the following cases: when the husband or 
 wife of the party who re-marries, remains whhout the 
 United States for five years together, or when one of the 
 married parties shall have absented from the other for five 
 sMcces.sive years, and the one re-marrying not knowing 
 
 respecting the confinement and discharge of persons imprisoned? 
 533. How is religioas freedom secured? 
 
 534. At what ages are parties capable of contracting marriage? 
 535. In what ca.ses are second marriages declared by law. to be
 
 Chap. II. DOMESTIC RELATIONS. 215 
 
 that the other, who had been absent, was living within 
 that lime; or when the person re-marrying was, at the 
 time of suchmarriage, divorced by the sentence of a com- 
 petent court; or if the former husband or Avife of the 
 jiarty remarrying had been sentenced to imprisonment 
 for life. 
 
 536. In any but "the above excepted cases, a second 
 marriage is not only void, but in most, if not all of the 
 states, it is a statute offence, punishable by imprisonment. 
 Bigamy, more properly termed polygamy, is in some 
 countries made a capital crime. 
 
 ,537. Though no penalty applies to the cases above ex- 
 j-cepted ; yet, if the former husband or wife be living, 
 though tile fact be unknown, and there be no divorce a 
 vinculo duly pronounced, or the first marriage has not 
 been duly annulled; the second marriage is void. A 
 vinculo ma! rimouii, Latin, means " From the chain or 
 lie of marriage." A final divorce. Where there is no 
 statute regulation, the principle of the common law in all 
 civilized and Christian countries, is, that nothing but 
 death, or a decree of a competent court, can dissolve the 
 marriage tie. 
 
 538. Marriage between near relations is unnatural and 
 unlawful, as leading to a confusion of rights and duties ; 
 but it is not easy to ascertain the precise point at which 
 the laws of nature have ceased to discountenance the 
 union. The statute of New York declares marriage 
 between the ascending and descending lines, and between 
 brothers and sisters of the half as well as of the whole 
 blood, to be incestuous and void; and to be indictable 
 ofFi-nces, punishable by imprisonment in a state prison for 
 a term not exceeding ten years. 
 
 53% A simple consent of the parties is all that is re- 
 quired to render marriage valid ; and this consent may 
 ])e declared before a magistrate, or simply before witnesses, 
 
 vQul and qjilawfal? 536. How is bigamy punishable? .537. What 
 is divorce a vinculo? What is the principle of common law about 
 di.-5Solving marriage? .533. What marriages are declared inces- 
 tuous by the laws ol New York? 539. What contract renders mar-
 
 216 CIVIL JURISPRUDENCE OF THE V. s. Part V- 
 
 or subsequently acknowledged ; or it may be inferred from 
 continual cohabitation and reputation as husband and 
 ■vrife. Regulations have been made by law, in some of 
 the states, for the due solemnization and proof of marriage; 
 but where such provisions have not been made, the con- 
 tract is. in this c'ountry, under the government of the 
 English common law. 
 
 540. A lawful marriage can be dirsolved only by the 
 death of one of the patties, or by divorce. In some of 
 the states, no divorce is granted but by a special act of 
 the legislature; in others, intolerably ill usage, or wilful 
 desertion, or unheard of absence, will authorize a decree 
 for a divorce. 
 
 541. The husband and wife are In law regarded as one 
 person ; and the husband, upon marriage, becomes seised 
 of the freehold of his wife, and takes the rents and profits 
 during their joint lives. It will be an estate in him for 
 his own life, if he dies before his wife; and in that event, 
 she takes the estate again in her own right. And if the 
 wife dies first, and there be no children, her heirs succeed 
 immediately to the estate. If there has been a child born 
 alive, the husband takes the estate for life, and on his 
 death, it goes to the wife or her heirs. During the con- 
 tinuance of the life estate of the husband, he sues in his 
 own name for an injury to the profits of the land; but 
 for an injury to the inheritance, the wife must join in the 
 suit. 
 
 542. The husband acquires, bv marriage, a right to all 
 the chattels real of his wife, as leases for years; and he 
 may, without her, sell, assign, or otherwise dispose of the 
 same as he pleases; and they may be sold on execution 
 for his debts. If he makes no disposition of the chattels 
 real in his lifetime, he can*iot devise them by will; and 
 the wife, after his death, takes them in her own right. If 
 he survives his wife, he acquires an absolute right to such 
 chattels real. 
 
 riage valid] 540. By what power are divorces effected? 541. What 
 title doe'=;the husband acquire tothe wile's real estate by marriage? 
 542. What right to her chattels real? 543. What title to her other
 
 Chap. II. DOMESTIC RELATIONS. 217 
 
 543. All other personal property also, belonging to the 
 wife at the time of her marriage, becomes the property of 
 the husband ; and on his death it goes to his representa- 
 tives. And he has power to sue for debts due to her by 
 bond, note, or otherwise, which are termed choses in action: 
 and when recovered, and reduced to possession, the money 
 becomes his own. 
 
 54'i. The husband is answerable for her debts before 
 coverture; but if they are not recovered during coverture, 
 he is discharged. Coverture is the condition of a married 
 woman, who, by the laws of the land, is in the power of 
 the husband. If the husband dies before the debts are 
 collected, his representatives are not liable; but the wife 
 remains liable after her husband's death. 
 
 545. The husband is bound to provide for his wife the 
 necessaries suitable to her situation, and his condition in 
 life; and he is obliged to pay any debts which she may 
 contract for such necessaries ; but for any thing beyond 
 necessaries, he is not chargeable. If the husband aban- 
 dons his wife, or they separate by consent, or if he sends 
 her away and refuses to provide for her wants; or, if fehe 
 be so treated as to aflord reasonable cause for her to leave 
 his house ; he is liable to fulfil her contracts for necessa- 
 ries, even though he should have forbidden persons to 
 trust her. If they live together, and the wife goes beyond 
 what is prudent and reasonable, the tradesman trusts the 
 wife at his peril. 
 
 546. A husband, dying in the lifetime of his wife, may, 
 by will, cut her off from all his estate but a right of dow- 
 er ; that is, the right to have, for life, the use of one third 
 of all the real estate which he owned during marriage, 
 and whereof she has not barred herself by joining with 
 him in a deed. A wife cannot devise her land by will ; 
 but she may dispose by will, or by act in her lifetime, of 
 her separate personal estate, settled upon her, or held in 
 
 personal property? 544. Is the hnsband answerable for his'Avife's 
 debts contracted before marrias^e? Who is liable after his death? 
 .545. In what case& is a man obliged to pay his wife's contracts? 
 546. What are iheir respective powers as to making wills?
 
 218 CIVIL JURISPRUDENCE OF THE u. s. Part V. 
 
 trust for her. A will made by^a female while single, 
 who afterwards marries, becomes void. 
 
 547. Settlements made upon a wife, in pursuance of an 
 agreement in writing, entered into before marriage, are 
 valid both against creditors and purchasers. A settlement 
 after marriage may be good, if made upon a valuable 
 consideration. A Voluntary settlement after marriage, 
 upon a wife or children, without a valid agreement pre- 
 vious to the marriage, is void against creditors. But if 
 the person be not indebted at the time, the settlement, if 
 made without fraudulent intent, is good against after cred- 
 itors. 
 
 548. Theh'isband and wife cannot bewitn3SS3s for or 
 against each other ; but where the wife acts as her hus- 
 band's agent, her declarations may be admitted in evi- 
 dence to charge the husband. 
 
 549. A wife has no remedy for ill treatment from her 
 husband till his conduct becomes criminal. And if she 
 can make oath befc^e a magistrate, that she is in fear of 
 personal violence, he may be required to give bonds to 
 kcef) the peace. But as the husband is the guardian of 
 the wife, and bound to protect and maintain her, the law 
 gives him a reasonable superiority and control over her 
 person; and, if her conduct be such as to require it, he 
 may even put gentle restraints upon her liberty. 
 
 547. What i« required to make settlements valid? 548. Can hu.s- 
 })and and wi fe be witnesses for or against each other'? 549. What 
 remedy does ths law afford a -vriie agains: ill treatment frcfta her 
 hiu'bandf
 
 hap. III. DOMESTIC RELATIONS. 219 
 
 CHAPTER III. 
 
 Parent and Child — hifants — Guardian and Ward — 
 Master and Apprentice — Hired Servants. 
 
 550. The diitie.s of parents to their children, as being 
 their natural g-uardians, consist in maintaininq; and edu- 
 eating them during the season of youth and infancy ; and 
 the parent is obliged, during the minority of the child, 
 which, in law, means infancy, or, of an age under twen- 
 ty-one years, to provide for his support and education; 
 and he may be sued for necessaries furnished under just 
 and reasonable circumstances. The father is bound to 
 support his minor children, if he be of ability, even though 
 they have property of their own; but this obligation, in 
 such a case, does not extend to the mother. 
 
 551. The legal obligation of a father to maintain his 
 child, ceases as soon as ths child is of age, unless the 
 child becomes chargeable to the public'as a pauper ; but 
 the husband is not liable for-the maintenance of the child 
 of his wife by a former husband, nor for the support of 
 his wife's mother. But if he takes the "wife's child into 
 his own house, he is responsible for the maintenance and 
 education of the child so long as it lives with him. 
 
 552. A father is not bound by the contract of his son, 
 evej) for articles suitable and necessary, unless an actual 
 authorit}"- be proved, or the circumstances be sufficient to 
 imply one ; or unle^-s a clear omission of duty on the part 
 of the father renders-assistance to the child necessary. 
 The father has a right to the labor or services of his chil- 
 dren, and he may sue any other person for the value of 
 their labor performed for such person. The father is also 
 entitled to the custody of their persons ; and when they 
 are improperly detained, he may obtain such custody by 
 ■writ of habeas corpus. 
 
 550. What are the dutie.s of parents to their childrenl 551. When 
 do ihe.^e obligations cease? 552. What is necessary to make the 
 father liable for the son's contraci.s? How may the father procure
 
 2^0 CIVIL JURISPRUDENCE OF THE L". S. Part V. 
 
 553. Parents have a right to exercise all discipline ne- 
 cessary for the discharge of the duties they owe to their 
 children. But courts of justice may, when the morals, 
 or safety, or interests of the children require it, withdraw 
 infants from the custody of their parents, and place 
 them elsewhere. 
 
 554. The duties of children to their parents, are obe- 
 dience and assistance. In the absence of any authority 
 in the common law to enforce these duties, the Reviseii 
 Statutes of New York have provided, that a parent may, 
 by will, disinherit his ungrateful children ; and compel 
 the children, if they be able, to support and relieve their 
 poor, lame, old or impotent parents, who cannot maintain 
 themselves. 
 
 555. Infants, or minors, can do no act to the injury uf 
 their property, which they may not avoid or rescind, 
 when they arrive at hill age. Minors who contract debtfs. 
 will be obliged to pay them, if they promise to do so, after 
 they shall have become of age. Contracts for necessa- 
 ries are binding upon an infant ; and he may be sued and 
 charged in execution oq. such. contract, provided the arti- 
 cles were necessary under the circumstances in which he 
 was placed. But if he lives with his father or guardian. 
 \vhose care and protection are duly exercised, he cannijl 
 bind himself even for necessaries. 
 
 556. Minors are answerable for crimes: and they may 
 be indicted and tried. Infancy does not protect fraudulent 
 acts. If a minor takes an estate, and agrees to pay rent, 
 he will be liable for its payment when he arrives at his 
 majority. If he receives rents, he cannot demand them 
 again when of age. If he pa3"S money on contract, and 
 enjoys the benefit of it, and then avoids it when he comes 
 pf age, he cannot recover back the consideration paid. 
 And if he avoids an executed contract when he comes of 
 
 the .services, and the custody of the bodies of his children? .553. 
 When may children be taken from their parents? 554. What are 
 the duiiesof children to parents? 5.55. What is the capacity of a 
 minor? 556. When and how is he compelled to fulfil certain con-
 
 Chap. III. DOMESTIC RELATIONS. 221 
 
 age, on the grounds of infancy, he must restore the con- 
 sideration. 
 
 557. The relation of guardian and ward is nearly the 
 same as that of parent and child. A father may dispose 
 of the custody and tuition of his child during his minori- 
 ty, or for a less time, to another person, who thereupon be- 
 comes the guardian, and the infant is called ward. By the 
 statute of New York, a minor having no guardian, may. 
 at the age of fourteen years, apply to a surrogate for the 
 appointment of such guardian as the minor may nominate. 
 If the minor be under the age of fourteen years, a rela- 
 tive or other person, in his behalf, may so apply for the 
 appointment of a guardian. A guardian in socage, that 
 is, a guardian who has the custody of a minor's property 
 as well as of his person, is required to keep safely sucli 
 property, and to deliver the same to his ward when he 
 arrives at full age. 
 
 558. By the statute of New York, male infants, and 
 unmarried females under eighteen years of age, with the 
 consent of proper persons, may bind themselves, in wri- 
 ting, to serve as apprentices to some art or trade; if males, 
 until the age of twenty-one years, and, if females, until 
 the age of eighteen years, or for any shorter time. Con- 
 sent shall be given by the father : or, if dead, or not in a 
 legal capacity, by the mother ; and, if she refuse, or be 
 not in a legal capacity, then, by a guardian duly appointed; 
 or, if there be no guardian or other person, by the over- 
 seers of the poor, or two justices oi the peace of the town,. 
 or a judge of the county court. 
 
 559. County superintendents of the poor may bind out 
 any child under the ages above specified, Avho may be 
 sent to the county poor house, or who is become charge- 
 able to the county. In all indentures, by the officers of 
 any town or cou«ty, binding poor children as apprentices 
 or servants, a covenant must be inserted to teach them to 
 read and write: and, if a male, the general rules of arith- 
 
 tract.s? 557. What relation exists between guardian an* ward t 
 What are a e:iiardian'.s obligations? 558. To what age may ap- 
 prentices be bound? By Avhose consent? 559. How is the educa-
 
 I 
 
 222 CIVIL JURISPRUDENCE OF THE u. s. Part V. 1 
 
 metic. For refusal to serve and work, infants may be 
 imprisoned in jail, until they shall be willing to serve as 
 apprentices or servants. The above law in relation to 
 master and apprentice, is supposed to contain the sub- 
 stance of the English statute law on the subject. 
 
 560. The relation between a master and a hired ser- 
 vant, rests altogether upon contract. The one is bound 
 to render the service, and the other to pay the stipulated 
 consideration. Bat if the servant hired for a definite term, 
 leaves the service before the end of it, without reasonable 
 cause, he loses his right to wages for the period he served. 
 And he may be dismissed for cause,^ before the expiration 
 of the term. The master is b6iuad by the acts of his 
 servant, either in respect to contracts or injuries, when 
 the act is done by the authority of the m.aster. If the 
 servant does an injury fraudulently, while in the employ- 
 ment of his master, both have been held liable in dama- 
 ges ; and if a servant employs another servant to do his 
 business, and, in doing it, the servant so employed is guilty , . 
 of an injury, the master is liable. "-M 
 
 CHAPTER IV. 
 
 Of the Right of Proferty. — Reed Property. 
 
 •561. A material object ot government is to secure the 
 right to acquire property, and to make use of it. Property, 
 as stated in a preceding chapter, is either real or persona); 
 the latter consisting of what is movable from place to 
 place, the former, of lands and things built or growing 
 thereon. Fruit, grain, trees, minerals, &c. become per- 
 sonal property, when separated from the land. 
 
 tion of poor children provirled for? 560. What relation subsisti 
 between the master and hired servantl 
 
 561. What is f-cftZ properly i Pt'ri<j;wjZ property.' 562.Whoma7
 
 Chap. IV. REAL PROPERTY. 223 
 
 562. Every citizen of the United States is capable of 
 holding lands, and of taking the same by descent, devise 
 or purchase; and of aliening or conveying away such 
 estate. Estates in land are divided into estates of inheri- 
 tance, estates for life, estates for years, and estates at will 
 and by sufferance. An estate of inheritance is termed a 
 fee simple, or fee. A fee is an estate of inheritance in 
 law, belonging to the owner, and transmissible to his 
 heirs. No estate is deemed a fee, unless it may continue 
 forever. Fee simple is a pure inheritance, clear of any 
 qualilication or condition, and gives a right of succession 
 to all the heirs generally, provided that they shall be of 
 the blood of the first purchaser, and of the person last 
 seised. 
 
 563. An estate for life, is an estate conveyed to a per- 
 son for the term of his natural life. Estates for life and 
 estates of inheritance, are called /reeAo^^s. An estate for 
 years is a right created by a lease, or a contract tor the 
 posse£sion and piofits of land, tor a determinate period, 
 with the recompense of rent. An estate at will is where 
 one man lets land to another, to hold at the will of the 
 lessor. An estate at sufferance is where one has come 
 into the possession of land by lawful title, biit holds over 
 by wrong, after his interest has ceased. He is not entitled 
 to notice to quit, and he is not liable to pay rent. The 
 landlord may dispossess such tenant whenever he pleases. 
 
 564. The real estate of any person w^ho shall die v/ith- 
 out devising the same, shall descend, in the following 
 manner: (1.) to his lineal descendants; (2.) to his father; 
 (3.) to his mother; and (4.) to his collateral relatives, if 
 any of the children of an intestate be living, and any be 
 dead, the inheritance shall descend to the children living; 
 and to the descendants of those who are dead; so that 
 such descendants may inherit the share which their parent 
 would have received, if livino". 
 
 hold real propert}'? How are estates in land divided? What is an 
 estate of inheritance? A fee? 5G3. What is an estate for life? An 
 estate for years? An estate at will? An estate at sufferance? 564,
 
 224 CIVIL juRispRVDENCE OF THE V. s. Part V. 
 
 565. If the intestate shall die without lawful descend- 
 ants, and leave a father, the inheritance goes to the father, 
 unless the inheritance came to the intestate on the part 
 of the mother. If he leaves neither father nor de- 
 scendants, the inheritance descends to the mother; but 
 if he leaves also a brother or sister, the mother holds it 
 only during her life, and on her death, it descends to his 
 brothers and sisters or their descendants. If he leaves 
 neither descendants, nor father nor mother, the estate de- 
 scends to his brothers and sisters or their descendants. 
 
 566. But if there be no heir to take the inheritance in 
 either of the above cases, the same shall descend to the 
 brothers and sisters of the father, if the property shall 
 have come to the intestate on the part of the father. If 
 his father has no brothers and sisters, the estate descends 
 10 brothers and sisters of his mother. If the property 
 comes to the intestate on the part of his mother, her bro- 
 thers and sisters have precedence ; and if the inheritance 
 has not come to the intestate, on the part of either the fa- 
 ther or mother, it shall descend, in equal shares, to the 
 brothers and sisters of the intestate. 
 
 567. Persons become possessed of real estate in vari- 
 ous ways; but evidence of such possession consists usu- 
 ally in a Avriting- called a deed, signed and sealed by the 
 person Avho had a right to execute it, acknov\ledged by a 
 proper person, and recorded in the public registry. Every 
 deed conveying real estate, though it is, when duly exe- 
 cuted, binding as between the parties, is nevertheless void 
 as against any person who may subsequently purchase 
 the conveyed estate in good faith, and for a valuable con- 
 sideration, and whose deed shall be first recorded. Deeds, 
 mortgages, and other securities in the nature of mortga- 
 ges, are recorded by the clerks of the several counties, in 
 books provided for thai purpose. 
 
 568. A mortgage is the conveyance of an estate, by 
 way of pledge for the security of debt, and to become 
 
 565, 566. How does the title to real estate descend to the heirs of 
 persons having died intestate? 567. How is proof to the title of 
 real estate obtained? Are deeds in any case obligatory before ihey
 
 Chap.lV. REAL PROPERTY. 22o 
 
 void on the payment of it. The condition upon which 
 the land is conveyed is usually put in the deed of convey- 
 ance, but the dtftasance may be contained in a separate 
 instrument; and if the deed be absolute in the first in- 
 stance, ,ind the defeasance, be executed subsequently, it 
 will relate back to the date of the principal deed, and 
 connect itself with it, so as to render it a security in the 
 nature of a morlgag-e. 
 
 569. In order, however, to render the deed a security 
 against subsequent purchasers and mortgagees, the deed 
 and defeasance should be recorded together. An omis- 
 sion to have the defeasance registered, would make the 
 estate, which was conditional- between the parties, abso- 
 lute against every person but the original parties and 
 their heirs. The practice of placing the conveyance in 
 fee, and the condition or defeasance which is to qualify- 
 It, in separate instruments, is liable to accidents and 
 abuse, and injury to the mortgagee, and should be dis- 
 couraged. 
 
 570. If the condition of a mortgage has been satisfied, 
 the person in Avhose custcdy it may be, shall cause it to 
 he discharged, whenever there shall be prtseijted to him 
 •a. certificate, signed by the mortgagee, acknowledged or 
 proved, and certified as the law prescribes to entitle con- 
 
 / veyances to be recorded, specifying that the mortgage 
 has been paid. And every certificate of discharge shall 
 be recorded. 
 
 571. When a deed or a mortgage has been executed, 
 before it shall be recorded, the party executing it must 
 acknowledge, before a commissioner of deeds, that he ex- 
 ecuted the same; and tbe commissioner subscribes a cer- 
 tificate of the acknowledgment on the margin or back of 
 the in.strument. In New York, commissianers of deeds, 
 of whom tht-re are at least two in each town, are ap- 
 pointed by the board of supervisors and judges of the 
 
 are n,^^. ^^^,. What is a mortgage? How is it executed? 
 
 509. What rule is to be observed in registering a morlgage? 570, 
 When the condidon of a mortgage is saiij-fied, how is it dis- 
 charged? 571. What is essenual to a deed before it is recordedlf 
 How are conQmis.sioners of deeds appointed? 
 
 a
 
 226 CIVIL JURISPRUDENCE OF THE u. 8. Part V. 
 
 county courts. Judges of the several courts in the state, 
 also, are authorized to take such acknowledgments. If 
 a married woman signs a deed, the acknowledgment 
 must be made to the commissioner, apart from her hus 
 band, that she executed the same freely, and without 
 compulsion from her husband. If any married woman 
 refuses to execute a conveyance, she retains her estate in 
 dower, against any person claiming the conveyed pre- 
 mises. 
 
 CHAPTER V. 
 
 Of Personal Property — Contract of Sale, 
 
 572. Personal property is divided into chattels real 
 and personal. Chattels real concern the realty, as a 
 lease for years of land; and the duration of the time is 
 immaterial. It is only personal estate, if it be for a thous- 
 and years. There are, also, many chattels vvhi;;h, thougi^ 
 of a movable nature, yet, being attached to the freehold, 
 and contributing to its value and enjoyment, go with it; 
 as the shelves and fixtures in a house, and the posts and 
 rails of an enclosure. But many things arc now treated 
 as personal property which seem, in a degree, to be at- 
 tached to the freehold. 
 
 573. It has been established as a general rule, that things 
 which a tenant has fixed to the freehold, for the purposes 
 of trade or manufactures, may be removed, when the re- 
 moval does not cause any material injury to the estate. 
 Thus fats, coppers, tubs and partitions, belonging to a 
 soap boiler, have been removed. Chimney pieces, and 
 even wainscot, put up by a tenapt; or a cider mill and 
 press erected by him, may be r' ' 'fit can bed- - 
 without material injury to the ireenu. 
 
 573. What is personal propertvl What are chattels real? 573. 
 What chattels attached to a freehold may be vemovedl and what
 
 Chap. V. PERSONAL PROPBRTV. 227 
 
 hand, iron stoves, fixed to the brickwork of the chimneys 
 of a house, have been adjudged to pass with the house 
 as a part of the freehold. The right of removal depends 
 upon the mode of annexation of the article, and the eflect 
 which its removal would have upon the premises. 
 
 574. A title to personal property may be acquired in 
 various ways. A person has a right to all that his prop- 
 erty produces. Such are the fruits of the earth, the in- 
 crease of animals, and the increase of stock invested in 
 trade or manufactures. Property is also acquired by 
 one's own act and power; as his literary property, con- 
 sisting of maps, writings and books, mechanical inven- 
 tions, produced by his intellectual and manual labor. 
 Goods and chattels are obtained also by transfer by act 
 of law; as by judgment on a recovery by law in an ac- 
 tion of trespass or trover; and by gilt, which, in some 
 cases, gives a valid title. 
 
 575. To give validity to a gift, there must be a deliv- 
 ery, at least so far as the subject is capable of deliver}/^ : 
 if the thing cannot be delivered, there must be an act 
 equivalent to it. The donor must part with both the 
 possession and dominion of the property. If the thing 
 given be a ckose in action, the law requires an assign- 
 ment and the transfer must be actually executed, And 
 gifts of goods and chattels, as well as oi lands, with intent 
 to delay and defraud creditors, are void, as against the 
 person to whom the fraud would be prejudicial. All 
 deeds of gift, and all transfers or assignments of goods 
 or things in action, made in trust for the use of the per- 
 son making the same, are void, as against creditors, ex- 
 isting or subsequent. 
 
 570. It is a principle in law, that no man can be de- 
 prived of his property without his consent; and that the 
 honest purchaser is not safe under a defective title. No 
 man can transfer to o'' ' .ii^ lo property which he 
 
 -' ■"'- - .. The title to property acquired 
 
 uce, does not pass from the true owner; 
 
 may not? r)74. In what ways is title to personal properly acquir- 
 ed? b'4b. "What is ei-ttmial to the validiiy of a gift? 576. Can a
 
 228 CIVIL JURISPRUDENCE OF THE V. s. Pari V, 
 
 and lie has a just claim to the property against any per- 
 son purchasing the same. 
 
 577. Whether the possessor of land, who has taken 
 possession in good faith, but who subsequently finds that 
 his title was not obtained from the rightful owner, can 
 recover the value of beneficial improvements which he 
 may have m.ade upon the land, is a question that has been 
 much discussed. Jt is said to be the English law, and the 
 common law of this country, that the owner can receive 
 his land by ejectment, without pa) ing for the improve- 
 ments iTiade upon it. The improvements are considered 
 as annexed to the freehold ; and every possessor makes 
 such improvements at his peril. 
 
 578. Conflicting opinions have been expressed on this 
 point, in the courts of England, and of this country; and 
 statute provisions exist in some of the states, allowing, in 
 certain cases, to the occupant, compensation for the im- 
 provements. But these are pronounced, by the author of 
 Commentaries on American Law, encroachments upon 
 the rights of property, as known and recognized by the 
 common law of thfe land. And he further observes : 
 "There are but very few cases in which a person may 
 not, with reasonable diligence and cautious inquiry, dis- 
 cover whether a title be clear or clouded; and 'let the 
 buyer beware' is a maxim of the common law which is 
 exceedingly conducive to the security of right and title." 
 
 579. But private property must, in some cases, be 
 made subservient to the public welfare. If a public high 
 way be out of repair, a passenger may lawfully go 
 through an adjoining private enclosure. It is lawful also, 
 to dem.olish houses to prevent the spreading of a confla- 
 gration. The legislature has the control of private prop- 
 erty for public uses. The Revised Statutes of New York 
 authorize the c ''^^ o^ro"'^«! through cultivated lands of 
 individuals witho, 'provided it be fe'one 
 by town officers of their own a^.^ 
 
 ^ person be deprived of his property without his con.'ient < 577, 578. 
 Can a per.son claim compensation for improvements made on 
 land occupied under a defective tillel 579. In what ca^es is pri-
 
 Chap. V. CONTRACT OF SALE. 229 
 
 npplication of twelve freeholders; and the value of the 
 lands, and amount of damages, must be assessed by a 
 jury, and paid to the owner. It is an equitable provision 
 "in our constitutions, that private property shall not be 
 taken for publie use without just compensation. 
 
 580. A contract is an agreement between two or more 
 persons by which th? parties agree to do, or not to do, a 
 particular thing. Contracts are executor?/ when the stip- 
 ulations remain to be executed: or when one party agrees 
 to sell and deliver at a future time, for a stipulated price, 
 and the other agrees to accept and pay. Contracts are 
 express or implied. They are express, when parties 
 contract in express words, or by writing ; and implied, 
 when an act has been done which shows that the parties 
 must have intended to contract ■ as when a person em- 
 ploys another to do some service, it is presumed that the 
 party employing intended to pay for the labor performed. 
 
 581. To render a contract binding, there must be a 
 lecral consideration : something must have been paid, or 
 something given or done, as an inducement to the fulfil- 
 ment of the contract. A contract to be valid, requires, 
 (1.) that the thing sold has actually existence, and is ca- 
 pable of delivery ; (2.) that a price be fixed, or suscepti- 
 iole of being ascertained without further negotiation be- 
 tween the parties; and, (3 ) that there be a mutual con- 
 sent of the parties to the contract, which is binding'' vheu 
 a proposition made by one party is accepted by the other 
 
 582. In the sale of a chattel as one's own property, if 
 it be at the lime in the possession of another, and there be 
 no covenant or warranty of title, the party buys at his 
 peril. But if the seller has possession of the article, and 
 he sells it as his own property, he is understood to was- 
 rant the title. A fair price implies a loarranty of title. 
 
 583. With regard to the qiiaiily of the thing sold, the 
 seller is not bound to make good any deficiency, unless 
 
 vate property made subservient to the public welfare? 580. What 
 is a contract? What are executory, express, and implied con- 
 tracts? 581, What is requisite to the validity of a contract? 582^ 
 683. What is> the law concerning warranty cif title, and quality o/
 
 230 ciriL JURISPRUDENCE OF THE u. 8. Part V, 
 
 he expressly warranted the goods to be sound and good, 
 or unless he made a fraudulent representation concerning 
 them. But a moral obligation rests on every person 
 knowingly to conceal no fault in any article he sells. 
 And if there be an intentional concealment or suppression 
 by one party of a material fact, in a case wherein the oth- 
 er has not equal access to means of information, the con- 
 tract is void. But when both have equal means of in- 
 formation, and neither says nor does anything to impose 
 on the other, a disclosure of facts is not necessary to 
 make the contract valid. 
 
 584. When the terms of sale are agreed on, and the 
 bargain is struck, the contract is absolute without the 
 actual delivery; and the property, and the risk of acci- 
 dent to the goods, vest in the buyer. He is entitled to 
 the goods on payment or tender of the price, and not oth- 
 erwise, when nothing is said at the sale as to the time of 
 delivery or the time of payment; for, though the vendee 
 acquires the right of property by the contract of sale, he 
 does not acquire the right of possession, until he pays or 
 tenders the price. But if the goods are sold upon credit, 
 and nothmg is said as to the time of delivering the goods, 
 the vendee is immediately entitled to the possession. To 
 make a contract of sale valid, there must be a delivery, 
 or tender of it, or payment, or tender of payment, an 
 earnc'it given, or a memorandum in writing signed by 
 the party to be charged; and if nothing of this kind takes 
 place, it is no contract, and the owner may dispose of'his 
 goods as he pleases. 
 
 585. The statutes of New York contain express pro- 
 visions on the subject of contracts. No agreement that 
 is not to be performed within one year from the time of 
 making it ; no special promise to answer for the debt, de- 
 fault or miscarriage of another person ; nor an agree- 
 ment or promise upon consideration of marriage, except 
 mutual promises to marry, shall be valid, unless such 
 agreement, note or memorandum thereof, expressing the 
 
 property sold? 584. When docs the buyer's right of property com- 
 mence'? When the right of posses.sioa? 585. What contracts are
 
 Chap. VI. OF BAILMENT. 231 
 
 consideration, be in writing, subscribed by the party to be 
 charged. Contracts for the sale of goods for the price of 
 fifty dollars or more, are void, unless they be in writing ; 
 or unless the buyer receive a part of the goods or eviden- 
 ces, or pay, at the time, a part of the purchase money. 
 
 580. To prevent fraudulent transfers of property, it is 
 provided that every sale or assignment of goods, by way 
 of security, unless actual delivery be made, or possession 
 changed, shall be presumed to be fraudulent, and shall be 
 void as against the creditors of the vendor or assignor, or 
 against subsequent purchasers in good faith ; unless the 
 persons claiming under the sale or assignment, make it 
 appear that the same was made in good faith. And no 
 assignment of goods and chattels, as security for any debt, 
 is valid as against the creditors of the assignor, or pur- 
 chasers in good faiih; unless such assignment be under 
 seal, and filed in the office of the town clerk of the town 
 in which the assignor resides; or in the county clerk's of- 
 fice, if there be one in the town. And the assignment 
 must be renewed at the expiration of one year from the 
 date thereof, and from the date of each renoAval. 
 
 CHAPTER VI. 
 
 Of Bailment — Principal and Agent — Partnership. 
 
 587. The word bailment is from bail, which is derived 
 from the Greek, to deliver, and is so called, because by 
 means of it, the party restrained is delivered into the 
 hands of those that bind themselves for his forthcoming. 
 Bailment, in law, is a delivery of goods in trust, upon 
 agreement that thf. trust shall be executed, and the goods 
 restored by the bailee, when the purpose of the bailment 
 shall have been answered. 
 
 in New York required to be in writing? 586. What special pro. 
 risioD is made to prevent fraudulent transfers of property?
 
 252 CIVIL JURISPRUDENCE OF THE O 8 Part V 
 
 588. If a person receives goods to be kept for the bail- 
 or, and to be returned on demand, without recompense, he 
 is to keep them with reasonable care; and unless there be 
 a special undertaking to the contrary, he is responsible 
 only for gross neglect, or for a violation of good faith. 
 Gross neglect is a want of that care which every man of 
 common sense takes of his own property. If a person 
 undertakes, without recompense, to do some act for an- 
 other in respect to the thing bailed; for instance: if he un- 
 dertakes to carry an article from one place to another, 
 he is responsible only for gross neglect, or a breach ei 
 faith. 
 
 589. Whether a mandatary renders himself liable for 
 the non-performance of a gratuitous undertaking, is a 
 question on which writers on common law differ in some 
 degree. But perhaps the prevailing opinion among us is, 
 that a mandatary, or one who undertake s to do an act for 
 another without reward, is not answerable for omitting 
 to do the act, but is responsible only when he attempts 
 to do it, and does it arniss. In other words, he is re- 
 sponsible for misfeasance, but not for nonfeasance, even 
 though special damages be averred. 
 
 590. If a person loan to another for use without reward, 
 any article, as a horse, carriage, or book, and the arti- 
 cle be lost or destroyed, without blame or neglect imput- 
 able to the borrower, the owner must abide the loss. 
 But the borrower must apply the thing to the use for 
 which it was borrowed; and he must not keep it beyond 
 the time limited, nor permit another person to use it. 
 
 591. If property be pledged as security for a debt or 
 engagement, the pawnee is bound to take ordinary care, 
 and is answerable only for ordinary neglect; and if the 
 goods should then happen to be lost, he may, notwith- 
 standing, resort to the pawnor for his debt. If he de- 
 rives any profit from the use of the property, he must 
 
 587. What is the meaning of bailment? 588. In what cases, and 
 how far, is a bailee liable lor damage? 589. In what cases does 
 a mandatary become liable for damages? 590. How does a bor- 
 rower become liable^ 591. What is the law in relation to prop-
 
 Chap. VI. OP BAILMENT. 233 
 
 apply the profits, after deducting necessary expenses, 
 towards the debt. 
 
 .592. There is another species of bailment, the hiring 
 of property (or a reward. The hirer is bound to use the 
 article with due care and moderation, and not to apply 
 it to any other use, or detain it for a longer period than 
 that for which it was hired. If the article be injured or 
 destroyed without any fault on the part of the hirer, the 
 loss fells on the owner, for the risk is with him. 
 
 593. In cases where work or care is bestowed on the 
 thing delivered, for a recompense, the workman for hire 
 must answer lor ordinary neglect of the goods bailed, and 
 apply a degree of skill equal to the undertaking; for ev- 
 ery man is presumed to possess the skill requisite to the 
 due exercise of the art or trade he assumes. If he per- 
 forms the work unskilfully, he is responsible in damages. 
 As, if a tailor receives cloth to be made into a coat, he is 
 bound to perform it in a workmanlike manner. 
 
 594. Forwarding merchants are responsible for want 
 of good faith, and of reasonable care and ordinary dili- 
 gence, and not to any greater extent, unless the business 
 and duty of carriers be attached to their other character 
 
 595. But with regard to innkeepers, the rule is moie 
 strict. In general, they are responsible for the acts of 
 their servants, and for thefts, and are bound to take all 
 possible care of the goods and baggage of their guests, 
 on the ground of the profit they receive for their enter- 
 tainment. But the innkeeper is not considered responsi- 
 ble for loss occasioned by unavoidable accident, or by 
 superior force, as robbery. 
 
 596. A person who carries goods for hire, in a partic- 
 ular case, and not as a common carrier, is only answer- 
 able for ordinary neglect, unless he expressly assumes 
 the risk of a common carrier But if he be a common 
 carrier, he is in the nature of an insurer, and is answer- 
 
 erty pledged or pawned? 592. What in relation to property 
 hired for a reward? 593. What in relation lo articles on whicn 
 labor is to be bestowed? 534. What in relation to forwardiug 
 merchants? 595. What as to innkeepers? 596. As lo comruoa
 
 234 civil, JURISPRUDENCE OP THE u. 8. Part V, 
 
 able for accidents and thefts, and even for loss by robbe- 
 ry. He is answerable for all losses except in cases of the 
 act of God, and public enemies. 
 
 597. Proprietors of a stage coach do not warrant the 
 safety of passengers as common carriers; they are re- 
 sponsible only for the want of due care. But as public 
 carriers, they are answerable for the loss of a box or par- 
 cel of goods, though ignorant of the contents. But if 
 the owner be guilty of fraud or imposition, as by conceal- 
 ing the value or nature of the article, or deludes a carrier 
 by treating the parcel as of no value, he cannot hold him 
 liable for the loss of his goods. Carriers by water are 
 liable to the same extent as land carriers. But the rule 
 does not apply to post masters. 
 
 598. Agency is founded upon a contract, express or 
 implied, by which one party entrusts to the other the 
 management of some business; and by which the other 
 assumes to do the business, and to render an account of 
 it. The acts of a general agent, or one employed by an- 
 other to do his business of a particular kind, will bind 
 his principal, so long as he keeps within the general 
 scope of his authority, though he may act contrary lo his 
 private instructions. But an agent, constituted for a par- 
 ticular purpose, and under a limited power, canirot bind 
 his principal if he exceeds his power. The special au- 
 thority must be strictly pursued; and whosoever deals 
 with an agent constituted for a special purpose, deals at 
 his peril, when the agent passes the limits of his power. 
 
 599. If a person intrusts his watch to a watch maker 
 to be repaired, and the watch maker sells the watch, the 
 owner is not bound by the sale. A factor or merchant 
 who buys and sells upon commission, or as agent lor oth- 
 ers, may sell on credit, and the principal must abide by 
 the bargain, and the agent incurs no risk. There are 
 some cases in which a factor sells on credit on his own 
 risk ; as when he acts for an additional premium ; and 
 the principal may call on him without first looking to the 
 
 carriers? 597. Proprietors of s:ages7 598. How far is a principai 
 bttund by the acts of his agent? 599. How is the agency of fac-
 
 Ohap. VI. PRINCIPAL & ABENT — PARTNERSHIP 235 
 
 vendee. A factor cannot pledge the goods of his princi- 
 pal as security for his own debt. 
 
 600. If an agent would excuse himself from responsi- 
 bility, he must show that he disclosed his principal when 
 he made the contract, and that he acted on his behalf, so 
 as to enable the party with whom he deals, to have re- 
 course to the principal, in case the agent had authority 
 to bind him. And if the agent even buys in his own 
 name, but for the principal, and without disclosing his 
 name, the principal is bound, as well as the agent, pro- 
 vided the goods come to his use. An agent, ordinarily, 
 has no right, without express authority, to employ a sub- 
 agent to do his business, without the knowledge or con- 
 sent of his principal. 
 
 601. An agent has a right to retain possession of pro- 
 perty until his demand shall be satisfied. This right is 
 called a lien. A gimeral lien is the right to retain pro- 
 perty for a general balance of accounts ; but a particular 
 lien is a right to retain it only for a charge on account of 
 labor employed, or expenses bestowed, upon the identical 
 property detained. This is a privilege given by law to 
 persons engaged in occupations necessary for the accom- 
 modation of the public. Upon this ground common car- 
 riers and innkeepers have a lien on property intrusted to 
 them. A tailor has a lien upon the cloth put in his hands 
 to be worked up into a garment. But he cannot hold 
 it for any debt previously contracted. 
 
 602. Partnership is a contract of two or more persons, 
 to place their money, labor or skill, in lawful commerce 
 or business, and to divide tiie prolit, and bear the loss, in 
 certain proportions. It is a partnership if one advances 
 the funds, and another furnishes the personal services, 
 and is to share in the profis. 7'hough there be no ex- 
 press articles of copartnership, if persons have a mutual 
 interest in the profits and loss, or if they hold out them- 
 selves to the world as joint traders, they are held respon- 
 
 tors regulated? 600. What is necessary to excuse an agent from 
 fespon?ibility'' 601. What is a lien? Who have this privilcget 
 <iOe. What is the nature of a partnership? 663. How may soveF-
 
 236 CIVIL JURISPRUDENCE OF THE u. 8. Part V 
 
 sible as partners to third persons, whatever may be the 
 nature of their connexion; and each member of the firm 
 is answerable for the whole amount of the debts. But a 
 party may by agreement receive, by way of rent, a por- 
 tion of the profits of a farm or tavern ; or a clerk or agent 
 may receive a portion of the profits of sales as a compen- 
 sation for labor, without becoming a partner. 
 
 603. Patties must be jointly concerned in the future 
 sale of their goods, in order to constitute a partnership. 
 A joint purchase, with a view to separate and distinct 
 8ale:j by each person on his own account, is not sufficient. 
 Several persons, not having contracted together as part- 
 ners, may, by a common agent employed for the purpose, 
 purchase goods in the name of one of them only, and di- 
 vide the purchase among themselves, without becoming 
 partners, or jointly answerable to the seller in that char- 
 acter, if they are not to be jointly concerned in the resale 
 of their shares. If a purchase be made on separate 
 account, and the interests of the purchasers be after- 
 wards mingled, with a view to a joint sale, the partner- 
 ship commences at the time when the shares are brought 
 into a common stock. 
 
 604. The members of an association may mutually 
 agree that any one of their number shall neither contri- 
 bute his money or labor, nor partake of the profits ; yet 
 if he lends his name to the company, he becomes liable 
 as a partner for the debts contracted. The parties may 
 regulate their concerns as they please with regard to 
 each other ; but they cannot, by any agreement among 
 themselves, release each other from their obligations as 
 partners. This rule is founded on principles of general 
 policy, and is calculated to prevent the frauds to which 
 creditors would otherwise be exposed. A partner who 
 should conceal his name so as not to be known as a part- 
 ner when the debt is contracted, is equally liable when 
 discovered, if he shares in the profits of the trade. 
 
 al persons purchase and divide goods, without becoming jointly 
 responsible/ What future ace is necessary to make ihem pari- 
 uersl 604. Can the members of an association, by any arrange-
 
 Chap VI. OF PARTNERSHIP. 237 
 
 605. By the laws of New York, a limited partnership 
 may consist of one or more persons jointly and bcverally 
 responsible, who are called general partners, and one or 
 more persons who furnish certain funds to the common 
 stock, but whose liability extends only to the amount of 
 the fund furnished, and who are called special partners. 
 The names of the special partners are not to be used, nor 
 do they transact any business for the firm. Before such 
 a partnership can act, a register thereof, with a certificate 
 signed by the parties, must be registered in the clerk's 
 office of the county; and the terms of the partnership 
 must be published for six weeks. Due publication must 
 also be made for four weeks, of the dissolution of the part- 
 nership by the act of the parties, prior to the time specifi- 
 ed in the certificate. 
 
 605. Incorporated companies are not, in law, partner- 
 ships ; and the stockholders are not personally responsi- 
 ble for the debts or engagements of the company : their 
 property is affected only so far as they have an interest 
 in the company. 
 
 607. The act of each partner relating to the partner- 
 ship, is considered the act of all, and binds all. But if 
 a bill or note be drawn by one partner in his own name 
 only, without appearing to be on partnership account, he 
 alone is bound, though it was made for a partnership 
 purpose. But if the bill be drawn by one partner in his 
 own name, on the firm, or on partnership account, the 
 act of drawing has been held to amount to an acceptance 
 of the bill by the drawer in behalf of the firm, and to bind 
 the firm as an accepted bill. 
 
 608. A partnership ceases as soon as the business is 
 completed ; and if the partnership be without a definite 
 period, any partner may withdraw when he pleases, and 
 dissolve the partnership; but if the terms of partnership 
 
 ment among them.selves, release each other from responsibilityt 
 60.'). What laws exist in relation to gjeneral and special partners? 
 60r>. How far are stockholders of incorporated companies respon- 
 sible? 607. Is one partner bound by the acts of others! 608. 
 How are partnerships dissolved?
 
 238 CITIL JURISPRUDENCE OF THE U. 8. Part V. 
 
 be definite, it cannot be dissolved before the expiration of 
 the term, without the mutual consent of the partners; ex- 
 cept by the death, insanity, bankruptcy or some other 
 inability of one of the parties ; or by judicial decree of the 
 court of chancery in certain cases. 
 
 CHAPTER VII. 
 
 Bills of Exchange — Promissory Notes — Banks — Insu- 
 rance 'Companies. 
 
 609. A bill of exchange is a written order or request, 
 from one person to another, to pay to a third person a cer- 
 tain sum of money. If A, livins^ in New York, wishes 
 to receive §1000, which await his orders in the hands of 
 
 B, in London, he apples to C, going' from New York to 
 London, to pay him $1000, and take his draft on B for 
 that sum, payable at sight. This is an accommodation 
 to all parties. A receives his debt by transferring it to 
 
 C, who carries his money across the Atlantic, in the 
 shape of a bill of exchange, without danger of robbery or 
 loss; and on his arrival at London, he presents the bill 
 to B, and is paid. A, who draws the bilk is the drawer; 
 B, to whom it is addressed, is the draicee; and, on accep- 
 ting it, he becomes the acceptor. C, to whom the bill is 
 made payable, is called the payee. As the bill is payable 
 to C, or his order, he may, by endorsement, direct the bill 
 to be paid to D. In that case C becomes the endorser, 
 and D, to whom the bill is endorsed, is called the endorsee, 
 or holder. 
 
 610 A check is, in form and effi?ct, a bill of exchange. 
 It is not a direct promise on the part of the drawer to 
 pay, but he is answerable if the drawee fails to pay. A 
 
 609. What is a bill of Exchange? Give an example to illustrate 
 its operation? What are the several parties called? GIO. Wnal 
 is a check? Cll. How soon auer ii is drawn, must a bill be pre-
 
 Chap. VII. BILLS AND NOTES. 239 
 
 check payable to bearer passes by delivery, and the bear- 
 er may sue on it as on an inland bill of exchange. 
 
 611. No precise time is fixed bylaw for presenting 
 bills to the drawee for acceptance. A bill payable at 
 a given time after date, may be presented at any time be- 
 fore the day of payment; but if presented and acceptance 
 be refused, it is dishonored, and notice must then be giv- 
 en to the drawer. A bill payable sixty days after sight, 
 means sixty days after acceptance; and such a bill, as 
 well as a bill payable on demand, must be presented in a 
 reasonable time, or the holder must bear the loss proceed- 
 ing from his neglect. 
 
 612. The acceptor of a bill is the principal debtor, and 
 the drawer is the surety ; and nothing will discharge the 
 acceptor but payment or a release. If the acceptor alters 
 the bill on accepting it, and the holder consents to the 
 alteration; it is a good bill as between the holder and ac- 
 ceptor, but it is vacated as against the drawer and endors- 
 ers. 
 
 613. A promissory note is a written promise to pay or 
 deliver to another a sum of money. If it be made paya- 
 ble to him or his order, or to bearer, it is called negolia- 
 ble ; and it may be sold or transferred to any other per- 
 son, who has the same authority to sue for and collect 
 the money, as the original promisee. When a note is 
 payable to bearer, it passes without endorsement; but 
 when it is payable to a person or his order, such person, 
 the promisee, must endorse it by writing his name on the 
 back of it, before any other person can receive the mon- 
 ey. If the name of the payee or endorsee be left blank, 
 any bona fide holder may insert his own name as payee. 
 The words value received are usuallj' inserted in a note, 
 but the note is good without them. 
 
 614. If a bill has been accepted, demand of payment 
 must be made when the bill falls due ; and it must be 
 made by the holder or his agent upon the acceptor, at the 
 
 sented? 612. What is the effect of altering a bill by the acceptorT 
 613. What is a promissory notel What is the difference between 
 ■iotas payable to bearer and to order? 614. When must paymeai
 
 240 CIVIL JURISPRUDENCE OF THE V. s. Part V 
 
 place appointed for payment, or at his residence, or upon 
 him personally, if no particular place be appointed. Tho 
 acceptor is allowed three days after the bill .'alls due, to 
 pay; which are called days of grace. Three days of 
 grace apply also to promissory notes. A bill or note pay- 
 able on demand, or in which no time of payment is ex- 
 pressed, is not entitled to the days of grace. 
 
 615. If the third day of grace falls on Sunday, or some 
 other day of public rest, the demand of payment must be 
 made on the day preceding. If the demand be not made 
 on the last day of grace, the drawer of a bill, and endor- 
 ser of a note, are discharged. As to the particular 
 time of the day at which the demand must be made, it is 
 said to be unseasonable to demand payment before the 
 expiration of the day; but this question is governed, in a 
 degree, by the custom of the place; and if, in a commer- 
 cial city, payments are to be made at the banks, demand 
 must be maiie within bank hours. 
 
 616. The holder of a note can recover upon ft, though 
 he received it ot a person that had stolen nr robbed it from 
 the true owner; provided he took it innocently, in the 
 course of trade, for a valuable consideration, and with 
 due caution. There are said to be but two cases in 
 which a bill or note is void in the hands of an innocent 
 endorsee or holder: one is when the note is given for 
 money lost at gaming; and the other when it is given for 
 a usurious debt. Usury is an agreement, upon the loan 
 of money, to receive the same again with a greater inter- 
 est than that which is fixed by law. 
 
 .617. The acceptance of a bill may be in writing, or 
 by parol. Pa?-/?/ means, assurance given by word. If a 
 person, in writing, authorizes another to draw a bill, and 
 stipulates, before the drawing of the bill, to Honor it after 
 it shall have been drawn; and if the bill be afterwards 
 drawn, and taken by a third party, it amounts to an ac- 
 ceptance. A parol promise to accept a bill already 
 
 be demanded on accepted bills? G15. When mast the demand be 
 made when the kst d.iy of f^race falls on Sunday? Oiti. In what 
 CHoes are notes void .' 617. In what manner must the acceptano*
 
 Chap. VII. BILLS AND NOTES NOTARIES. 241 
 
 drawn, or thereafter to be drawn, is binding if the bill 
 be purchased in consideration of the promise. In New 
 York, however, it is specially provided, that no accept- 
 ance is binding, unless it he in writing. 
 
 CIS. If a note be made payable in any species of prop- 
 erty other than cash, it is not negotiable. If such note 
 be not paid according to the conditions therein expressed, 
 the maker becomes liable to pay the same in cash. But 
 in either case, if it passes to a third person, he can sue 
 it only in the name of the person to whom it was ex- 
 ecuted, who is allowed to offset any account or claim which 
 he may have against the promisee. And any note, if it 
 be taken after it is become due, the buyer takes at his 
 peril; and the promisor may oiiset against it any payment 
 which he may have made to the original holder. 
 
 619. Tliat the drawer and endorsers of a negotiated 
 note or bill may be held responsible, the holder must show 
 that a demand has been made, or that due diligence has 
 been used to get the money of the maker of the note, or 
 the drawee of a bill; and he must also give reasonable 
 notice of their default to the drawer and endorsers. The 
 object of this notice is to afford an opportunity to the draw- 
 er and endorsers, to obtain security from those to whom 
 they must resort for indemnity. The notice must be giv- 
 en by the first convenient, practicable mail that goes on 
 tlie day ne.xt to the third day of grace ; or, it must at least 
 h6 put into the post office for that purpose, if possible. 
 Where the parties live in the same town, personal notice 
 must be given, or a special messenger must be sent to 
 the dwelling house oi place of business of the party to 
 be charged. 
 
 620. Agents are appointed in all commercial places, 
 called notaries public. When a foreign bill is to be pre- 
 sented for acceptance or payment, the demand is usually 
 made by a notary; and in case of refusal, his certificate 
 of the presentment of the bill, and of the refusal, is legal 
 proof of the fact in any court. This certificate is called a 
 
 ©f bills be .signified? CIS. What is the character of notes not 
 pa3'^able in casli? G19. What is requisite to hold drawers and en- 
 dorsers of ncgotiaied paper responsible? 620,(321. What are the 
 R
 
 242 CIVIL JURISPRUDENCE OF THE V. B. Part V, 
 
 protest, which mieans, for proof. A protest must be not- 
 ed on the day of the demand; but it may be drawn up in 
 form at a future period. A bill drawn in one state, upon 
 a person in another, seems to be regarded as a foreign 
 bill requiring a protest. 
 
 621. But notaries may also demand acceptance and 
 paymem of inland bills of exchange, and promissory notes, 
 and protest the sam.e for non-acceptance or non-payment. 
 No protest, however, is legal evidence in court, except 
 in the case of a foreign bill of exchange. Yet it is expe- 
 dient, in many cases, to employ notaries, when evidence 
 is to be preserved, because they are easily to be found 
 when wanted as witnesses. And in the state of New York, 
 the original protest cf such notary, under seal, is evidence, 
 in case of his death, insanity, or absence, so that his 
 personal testimony cannot be obtained. Notaries in this 
 state are appointed by the governor and senate wherever 
 they shall think proper. 
 
 622. Banks. The first institution of this kind was in 
 Italy, where the Lombard Jews kept benches in the mar- 
 ketplaces, for the exchange of money and bills; and ban- 
 CO being the Italian name for bench, banks took tlieir ti- 
 tle from this word. ; 
 
 623. The first banks are supposed to have been only 
 banhs of deposit, places where persons deposiled or laid 
 uf) their money for safe keeping, to be ready when called 
 for. Another species of bank is a bavk of deposit and 
 discount. By discovntiv g is meant the advancing of 
 money on bills of exchange, of on promissory notes due 
 at a future time, taking out of the sum the interest there- 
 on to the time when- the note will become due. 
 
 62-4. But banks in this country, differ materially at 
 present from either of those above mentioned. They re- 
 ceive money in deposit, and they discount notes; but in- 
 stead of paying gold or silver coin for such notes, they pay 
 in their own notes, on which they are bound to pay the 
 specie whenever demanded. These bank bills or note* 
 
 duties of a notary public'? What is a protest? 622. Wliere wewi 
 banks first instituted ? 623. What is a bank of deposit? What is 
 discounting? 624. What are banks in this country called? How
 
 chap. VII. BANKS & INSURANCE COMPANIES. 24$ 
 
 circulate as money: hence our banks are called, banks of 
 deposit, discount and circulation. A bank derives its 
 powers and privileges from acts of incorporation by the 
 legislature. It is a corporation composed of a number 
 of individuals, who petition to the legislature to be in- 
 corporated. The act grants and defines the powers of 
 the corporation, and expresses the amount of capital 
 which is to constitute the fund on which the bank is to do 
 business. This capital is divided into shares, (usually 
 of $100 each,) and sold; by which means the capital fund 
 is raised. The owners of these shares are called stock- 
 holders, who choose from among themselves a certain 
 number of directors, (ordinarily thirteen,) Avho, from their 
 own number, choose a president. The president and 
 directors choose a cashier and clerks. 
 
 Qi'i. Banks are allowed to issue bills to a greateT 
 amount than their capital stock. In the state of Ne\T 
 York, banks may issue bills and discount notes to two 
 and a half times the amount of their capital; which ren- 
 ders banking a profitable business, as the stockholders 
 draw interest on a sum much greater than they have in- 
 vested. Every six months the profits are divided among 
 the stockholders. The sums thus divided are called div- 
 idends. If a bank cannot redeem all the bills it has issu- 
 ed, it is said to have failed, or to be broken. 
 
 626. In the state of New York, a fund is provided to 
 indemnify the holders of bank bills against losses by the 
 failure of banks. This fund is raised under an act pass- 
 ed in 1830, imposing a yearly tax of one half of one per 
 cent, on the capital stock of the several banks, until such 
 tax shall amount to three per cent ; and whenever this 
 fund shall become exhausted, taxation shall be aqain re- 
 sorted to to replenish it. In some states the property, per- 
 sonal and ri'al, of the stockholders, is pledged tor the re- 
 demption of the notes of the banks. 
 
 627. Insurance companies are corporations created for 
 
 are they incorporated'? How is the stock raised? G-2o. To what 
 amouiu may banks issue bills and discount notes? What are divi- 
 dends? C2ij. How are bill hulders in New York secured against 
 losses from bank lailures? C27. What are insurance companies?
 
 244 CIVIL JURISPRUDENCE OF THE u. s. Part V. 
 
 the purpose of insuring persons against losses by fire, or 
 at sea, and sometimes on the risk of the duration of per- 
 sons' lives; and they sometimes have the same powers and 
 privileges as banks have, in regard to the issuing of bills. 
 If a person wishes to be insured against fire, he applies to 
 an agent of the company, who takes a survey of the build- 
 ing and property to be insured. The rate of insurance 
 is then agreed on, which is a certain sum, say 50, 75 or 
 100 cents for every $100 insured. The money paid for 
 insurance is caWed prcmiuin ; and the writing given by 
 the agent, in behalf of the company, to the person insur- 
 ed, expressing the terms of insurance, ii: called a policy. 
 628. Companies for the insurance of lives, are less 
 common. Their purpose is to provide a fund for credit- 
 ors, or family connexions, in case of death. The insur- 
 er, either for a sum in gross, or in yearly payments, 
 agrees to pay a certain sum, or an annuity, upon the death 
 of the person whose life is insured. Such contracts are 
 well calculated to secure relief to the members of a fami- 
 ly whose only dependence rests upon the life of a single 
 person. 
 
 CHAPTER VIII. 
 
 Of Crimes and their Punishment. 
 
 629. Crimes made punishable with death by the laws 
 of the .state of New York, are, treason against the peo- 
 ple of the state; murder; and arson in the first degree. 
 
 Treason is defined to be levying war against the people 
 of the state , a combination to usurp, by force, the govern- 
 ment of the state; or adhering to, and aiding, the enemies 
 of the state, w^hile separately engaged in war with a for- 
 eign enemy. 
 
 How are insurances effected on property? C28. What is the na- 
 ture of a life insurance? . , J ,_ • TVT VI. 
 G29 What crimes are punishable with death in JNew YorK t 
 What is treason? 630. What is murder? G31. What is arson in
 
 Chap. VI [I. GRIMES AND PUNISHMENT. 245 
 
 630. Murder is the killing of any person in the fol- 
 lowing cases: (I.) when perpetrated from a premeditat- 
 ed design to effect the death of any human heing ; (2.) 
 when perpetrated by any act imminently dangerous to 
 others/ and evincing a depraved mind regardless of hu- 
 man life, although without a premeditated design to efTect 
 death; (3.) when perpetrated without any design to effect 
 death, by a person engaged in the commission ofafelony; 
 and (4.) die wounding of a person in a duel, though it be 
 done out of the state, who shall die in the state; and every 
 second engaged in such duel shall be guilty of murder. 
 
 631. Arson in the first degree, is wilfully setting fire 
 to, or burning, in the night time, a dwelling house in 
 which there "is, at the time, some human- being; and 
 every house, prison, jail or other building, that shall 
 have been usually occupied by persons lodgins; therein at 
 night, is deemed a dwelling house of any person so lodg- 
 ing therein. 
 
 632. Manslaughter in the first degree, consists in kill- 
 ing a human being, without a design to effect death, by 
 the act of another engaged in perpetrating, or attempting 
 to perpetrate a crime or misdemeanor not amounting to 
 felony; or in assisting another in committing self-murder. 
 Manslaughter in the second degree, is the killing of a hu- 
 man being, without a design to effect death, but in a 
 cruel, unusual manner; or in unnecessarily killing an- 
 other, while resisting an attempt by such other person to 
 do an unlawful act, or after the attempt shall have failed. 
 Manslaughter in the third degree, is the killing of anoth- 
 er in the heat of passion, without a design to effect death, 
 by a dangerous weapon; or the involunatary killing of a 
 person by the negligence of another engaged in commit- 
 ting, or attempting to commit, a trespass; or in permit- 
 ting a mischievous animal, by its owner, to go at largo, 
 if the animal shall kill a human being, who shall have 
 taken due precaution to avoid the animal ; or the adminis- 
 tering, by a physician in a state of intoxication, and with, 
 out a design to effect death, of any poison, drug or me- 
 
 the first degree'? 633 What is manslaughter in the first degreel 
 What in the second degree] Third degree? Fourth degree?
 
 246 CIVIL JURISPRUDENCE OF THE u. s. Part V, 
 
 dicine, which shall produce the death of another; or in 
 causinsT death by persons navigating steam-boats or other 
 vessels, through culpable negligence or ignorance. Man- 
 slaughter in the fourth degree, is the involuntary killing 
 of another by any Aveapon, or by means neither cruel nor 
 unusual, in the heat of passion. Manslaughter in the 
 first degree is punishable by imprisonment in the state 
 prison, for a term not less than seven years; in the sec- 
 ond degree, not less than four, nor more than seven years; 
 in the third degree, not less than two, nor more than four 
 years; in the fourth degree, two years, or in a county 
 jail, not more than one year, or by fine not exceeding 
 one thousand dollars, or both. 
 
 633. Homicide is the taking of a person's life, and in- 
 cludes the crime of murder. Homicide is also excusable, 
 or justifiable. Excusable homicide is the killing of a per- 
 son by accident, or while lawfully employed, without the 
 intention of doing wrong. Jusiifiablc homicide is putting 
 one to death in pursuance of a legal sentence; or in de- 
 fending one's person, or property, or in defending the 
 person of another. In these cases, no punishment is in- 
 flicted. 
 
 634. Any person who shall mcmn another, from pre- 
 meditated design, by cutting out or disabling the tongue, 
 or any other member or limb of any person; or who shall 
 inveigle or kidnap another, or shall be accessory to any 
 kidnapping; or who shall sell kidnapped blacks; or who 
 shall decov and take away children ; or who shall expose 
 children in the street or highway to abandon them; or 
 who shall commit or attempt an assault with intent to kill, 
 or to commit any other felony, or in resisting the execu- 
 tion of a legal process; or who shall administer poison 
 virhereof death shall not ensue; or Vvho shall poison any 
 spring, well or reservoir of water ; such person shall be 
 liable to be imprisoned in the state prison for a term not 
 exceeding ten years ; or to be imprisoned in the county 
 ;ail and fined. 
 
 How is manslaughter punishable? 633. What is homicide? When 
 Is it excusable and justifiable? 034. What other offences ag^ainst 
 the person are here mentioned? How punished? 635. What \i
 
 Chap. VIII CRIMES AND PUNISHMENT. 247 
 
 635. Arwn in the second degree, is the burning of, 
 and setting fire to, an inhabited dwelling house in the 
 day time; or setting fire to, in the night time, any siiop, 
 warehouse, or other building, endangering an inhabited 
 dwelling. Arson in the third and fourth degrees consists 
 in the burning of buildings other than dwellings, and oth- 
 er property of various kinds. Arson in these several de- 
 grees, is punishable by imprisonment, for terms varying 
 from two to ten years. 
 
 636. Bibrglani, in the first degree, is the breaking into 
 and entering, a dwelling, "'in the nighttime, with intent 
 to comm.it some felony. The same act, when perpetrat- 
 ed in the day time, or under such circumstances as shall 
 not constitute burglary in the first degree, is burglary in 
 the second or third degree. The crime of burglary, in 
 the several degrees, is punishable by imprisonment in the 
 slate prison for t'ferms, the first degree, not less than ten 
 years, the second, not more than ten, nor less than five 
 years, and the third, not more than five years. 
 
 637. Forgery consists in falsely making, counterfeit- 
 ing, or altering any instrument of writing with intent to 
 defraud or wrong any person. There are various degrees 
 of forgery; and they are punishable in the same mnner, 
 and to the same extent, as burglary. Counterfeit ijig is a 
 term used to signify the forging of false coins, or false bank 
 bills, or the fraudulent altering of true ones. This crime 
 consists, not only in the actual making or passing of such 
 false coins or bills, but also in having in possession any 
 engraved plate, or bills unsigned, which are intended to 
 be used for such purposes. 
 
 638. Robber]/ is the taking of property from one's per- 
 son by violence, or threats of violence, and by putting 
 the person in fear of his life, or of grievous injury. Rob- 
 bery in the first degree, is punishableby imprisonment not 
 less than ten years; the second degree, not more than 
 ten years. 
 
 arson in the second, third and fourlh degrees? How pnnishedt 
 63G. What is burglary in the several degrees? How punished? 
 637. What is forgery"! Counterfeiting? How punished? 638. 
 V hat is robbery / How punished? 639. What is larceny? How
 
 248 CIVIL JURISPRUDENCE OP THE u. s. Part "V, 
 
 63.). Lirccny is the term used to signify theft of all 
 sorts. If tile amount of property taken exceed twenty-five 
 dollars, the crima is called grani larceny; if the amount 
 be twenty-live dollars or under, it is adjudged to be petit 
 larceny. The former is punishable by imprisonment in 
 a state prison for a term not exceeding five years; the 
 latter, by imprisonment in a county jail, not longer than 
 six months, or by fine not exceeding one hundred dollars, 
 or both. 
 
 640. jEffiic:;r/i«^ is the converting, by any person, to 
 his own use, of property entrusted to him by another, and 
 is punishable in the same manner as the stealing of prop- 
 erty of like value. 
 
 641. Perjury is wilfully swearing or aflirming falsely 
 to any material matter, upon any oath, legally adminis- 
 tered. If committed on the trial of any indictment for a 
 capital ofTence, or for any other felony, it is punishable by 
 imprisouinent not less than ten years; committed on any 
 other judicial trial or inquiry, not exceeding ten years. 
 Subornation of perjury is the procuring of another to 
 swear falsely, and is punishable in the same manner, and 
 to the same extent, as perjnry. 
 
 642. Bribery is the offering to any person in the ad- 
 ministration of justice, any reward, to influence his vote, 
 opinion or judgment on any question; and is punishable 
 by imprisonment in a state prison for a term not exceed- 
 ing ten years, or fine not exceeding five hundred dollars, 
 or both. Any person accepting such bribe, shall be pun- 
 ished in like manner, and shall forfeit his office, and bo 
 forever disqualified from holding any public trust or ap- 
 pointment. 
 
 643. Dwelling is the fighting with a deadly Aveapon, 
 in single comibat with another. Any person killing anoth- 
 er in a duel, is subjc^ct to th^ punishment of death. If 
 death does not ensue, the offence is punishable by impris- 
 onment in a state prison for a term not exceeding ten 
 years. Challenging, or accepting a challenge, to fight, 
 
 punishable? 640. What is emb?zzling ? 611. What isperjnryT 
 What is subornation of perjury? How punishable? 6'42. What 
 ik bribery? Hawpuaishable? Gt3. What is dueling? How pua-
 
 Chap. VIII, CRIMES AND PUNISHMENT. 249 
 
 or to be present as a second, is punishable by imprison- 
 ment not exceeding; seven years. 
 
 644. Ojfenccs punishable hi/ Imprisonment in a, Count}/ 
 Jail, anil by Fines. Among these are the following: Petit 
 larceny; attempting to e.vtort, by threats, any property or 
 pecuniary benefit; fraudulent conveying or concealing pro- 
 perty to defraud creditors; conspiracies by two or more per- 
 sons with intent to commit an oftence; imprisoning or ar- 
 resting another without legal authority, or under a false 
 pretence; receiving a reward to conceal a misdemeanor; 
 voting at an election more than once ; maliciously killing 
 or wounding animals tliat belong to another, or cruelly 
 beating animals, whether his owm or those of another; wil- 
 fully opening or reading sealed letter? addressed to anoth- 
 er, except in cases punishable by the laws of the United 
 States; removing or deflicing any monument, mile stone 
 or guide board. These, besides many other oflences not 
 here enumerated, are punishable by fine or imprisonment 
 in the county jail, or both. And any person having been 
 convicted of petit larceny, or an attempt to commit an of- 
 fence, which, if perpetrated, would be punishable by im- 
 prisonment in a state prison, shall, for a second offence, 
 be imprisoned in such prison. 
 
 645. Arrest and Exajninalinn of Offenders. Any judge, 
 or justice of any court in the state, has power to issue pro- 
 cess for the apprehension of persons charged with an of- 
 fence. When a complaint is made to such magistrate, he 
 ex'amines the comnlainant on oath, and any witnesses that 
 maybe produced; and if it appears that an offence has 
 been committed, he issues a w^arrant, recitingthe accusa- 
 tion, and commanding the officer to whom it is directed, 
 to bring the accused before such magistrate. The magis- 
 trate first examines the complainant and witness in support 
 of the prosecution : he next examines the prisoner, who 
 is not on oath, and then his W'itnes.>^es. The evidence is 
 reduced to writing by the magistrate, and signed by tha 
 
 ishable? 014. What offences are punishable by imprisonment in a 
 county jail and by fines'? 6i.5. What judicial officers may issue 
 processes for apprehendinfj criminals? Hew are the arrest, ex* 
 aminaiion and trial, ol offenders conducted?
 
 250 CIVIL JURISPRUDENCE OF THH u. s. Part V- 
 
 witnesses. If it shall appear that an offence has been com- 
 mitted, the raagistratebinds by recognizance the prosecutor 
 and all material witnesses, to appear and testify against 
 the prisoner at the next court having cognizance of the of- 
 fence, and at which the prisoner may be indicted. If the 
 offence be one which may be tried by a court of special 
 sessions, of three justices of the peace, he may be forth- 
 with tri(;d by such court, if he choose to be so tried; but if 
 not, and if the offence be bailable, the magistrate may take 
 bail for the prisoner's appearance at the next court hav- 
 ing cognizance of the offence. If no bail be offered, or the 
 ofience be not bailable, the prisoner is committed to jail. 
 But in all cases to be tried at such court, the prisoner shall 
 first be mdicted by a grand jury.
 
 APPENDIX. 
 
 DECLARATION OF INDEPENDENCE. 
 
 In Congrkss, July 4, 1776. 
 
 The TJNANIMOUS 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 mankind 
 requires that they should declare the causes which impel 
 them lo 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 unalienable rights ; that among these are life, 
 liberty, and the pursuit of happiness. That to secure 
 these rights, governments are instituted among men, deri- 
 ving 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 gov^ernment, 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 dic- 
 tate, that governments long established should not be 
 changed for light and transient causes; and accordingly 
 all experience hath shown, that mankind are more dis- 
 posed to suffer while evils are sufferable, than to right 
 themselves by abolishing the forms to v.-hich they are ac- 
 customed. But when a long train of abuses and usurpa-
 
 Z52 DECLARATTON 
 
 tions, pursuing invariably the same ohject, evinces a de- 
 sign to reduce them under absolute despotism, it is their 
 right, it is their duty, to throw off such 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 alter their 
 former systems of government. The liistory of the pres- 
 ent king of Great Britain is a history of repeated injuries 
 and usurpations, all having in direct object the establish- 
 ment 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 necessary for the public good. 
 
 He has forbidden hi.s governors to pass laws of imme- 
 diate and pressing importance, unless suspended in their 
 operation, 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 re- 
 linquish the right of representation in the legislature — 
 a right inestimable to them, and formidable to tyrants 
 onl\ . 
 
 He has called together leq-islative bodies at places unu- 
 sual, uncomfortable, 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 hou-ses 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 pow- 
 ers incapable of annihilation, have returned to the peo- 
 ple at large, for their exercise, the state remaining, in the 
 mean time; exposed to all the dangers of invasion from 
 without, and convulsions within. 
 
 He has endeavored to prevent the population of these 
 states; for that purpose obstructing the laws for natural- 
 ization of foreigners ; refusingto pass others to encourage 
 their migration hither, and raising the condition of new 
 appropriations of lands.
 
 OF INDEPENDENCE. 253 
 
 He has obstructed the administration of justice, by re- 
 fusing his assent to laws for establishing judiciary pow- 
 ers. 
 
 He has made judges dependent on his will alone, for 
 the tenure of their oilkes, and the amount and payment 
 of their salaries. 
 
 He has erected a multitude of new offices, and sent hith- 
 er swarms of officers, to harass our people, and eat out 
 their substance. 
 
 He has kept among us, in times of peace, standing ar- 
 mies, without-the consent of our legislatures. 
 
 He has affected to render the military independent of, 
 and superioMo, the civil power. 
 
 He has con)bined with others to subject us to a juris- 
 diction foreign to our constitution, and unacknowledged 
 by our laws, giving his assent to their acts of pretended 
 legislation: 
 
 For quartering large bodies of armed troops among us : 
 
 For protecting them, by a mock trial, from punish- 
 ment 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 
 byjuTy: 
 
 For transporting us beyond seas to be tried for pretend- 
 ed offences : 
 
 For abolishing the free system of English laws in a 
 neighboring province, establishing therein an arbitrary 
 government, and enlarging its boundaries, so as to ren- 
 der it at once an example and fit instrument for introduc- 
 ing the sarne 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 kis protection, and waging war against us.
 
 254 DECLARATION 
 
 He has plundered our seas, ravaged our coasts, burnt 
 *ur 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 cruel- 
 ty 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 be- 
 come the executioners of their friends and brethren, or to 
 fall themselves by their hands. 
 
 He has excited domestic insurrections among us, and 
 has endeavored to brine on the inhabitants of our frontiers 
 the merciless Indian savages, whose known rule of war- 
 fare is an undistinguished destruction of all ages, sexes 
 and conditions. 
 
 In every stage of these oppressions we have petitioned 
 for redress in the most humble terms : our repeated peti- 
 tions have been answered 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 legislature Jo extend an unwarrantable 
 jurisdiction over us. We have reminded them of the cir- 
 cumstances 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 in- 
 terrupt our connexions and correspondence. They, too, 
 have been deaf to the voice of justice and consanguinity. 
 We must, therefore, acquiesce in the necessity which de- 
 nounces our separation, and hold them, as we hold the 
 rest ol 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,
 
 OF INDEPENDENCE. 255 
 
 (hat these united colonies are, and of right ought to be, free 
 and independent states; that they are absolved from all alle- 
 giance to the British crown, and that all political connex- 
 ion between them and the state of Great Britain is, and 
 ought to be, totally dissolved; and that, as free and in- 
 dependent states, they have full power to levy war, con- 
 clude peace, contract alliances, establish commerce, and do 
 all other acts and things which independent states may of 
 right do. And for the support of the 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, 
 President of Congress, and 
 
 Delegate from Massachusetts. 
 
 Neto Hampshire. Josiah Bartlett, William Whipple, 
 Matthew Thornton. 
 
 Massachusetts Bay. Samuel Adams, Jolin Adams, 
 Robert Treat Paine, Elbridge Gerry. 
 
 Rhode Island, ^c. Stephen Hopkins, William El- 
 lery. 
 
 Connecticut. Roger Sherman, Samuel Huntington, 
 William Williams, Oliver Wilcott. 
 
 New York. William Floyd, Philip Livingston, Fran- 
 cis Lewis, Lewis Morris. 
 
 New Jersey. Richard Stockton, John Witherspoon, 
 Francis Hopkinson, John Hart, Abraham Clark. 
 
 Pcmisylvania. Robert Morris, Benjamin Rush, Ben- 
 jamin Franklin, John Morton, George Clymer, James 
 Smith, George Taylor, James Wilson, George Ross. 
 
 Delaioare. Cssar Rodney, George Read, Thomas 
 M'Kean. 
 
 Maryland. Samuel Chase, William Paca, Thomas 
 Stone, Charles Carroll, of Carrollton. 
 
 Virginia. George Wythe, Richard Henry Lee. 
 Thomas Jefferson, Benjamin Harrison, Thomas Nel- 
 son, Jr. Francis Lightfoot Lee, Carter Braxton. 
 
 North Carolina. William Hooper, Joseph Hewes, 
 John Penn.
 
 256 CONSTITUTION OF 
 
 South Carolina. Edward Rutledo;e, Thomas Hey- 
 ward, Jr. Arthur Middleton. 
 
 Georgia. Button Gwinnett, Lyman Hall, George 
 Walton. 
 
 Attest, Charles Thompson, Secretary. 
 
 CONSTITUTION OF THE UNITED STATES. 
 
 Tte Constitution framed for the United States of America, by 
 a convention of deputies from ihe states of Now Hampshire, 
 Massachusetts, Connecticut, New York. New Jersey, Penn- 
 6ylvania,Uelavv.ire, Maryland, Virginia, North CaroHna, South 
 Carolina, and Georgia, at a session begun May 25, and end- 
 ed September 17, 1787. 
 
 We, the people of the United States, in order to form 
 a more perfect union, establish justice, ensure domestic 
 tranquillity, provide for the common defence, 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 L 
 
 Section I. All legislative powers herein granted shall 
 be vested in a congress of the United States, which shall 
 consist of a senate and house of representatives. 
 
 Sec. 2. The house of representatives shall be com- 
 posed of members chosen every second year, by the peo- 
 ple 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. 
 
 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 inhabhant of the state in which he 
 shall be chosen. 
 
 Representatives and direct taxes shall be apportioned 
 among the several states which may be included within
 
 THE UNITED STATES. 257 
 
 the Union, according- to their respective numbers, which 
 shall be determined by adding to the whole nafhber 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 con- 
 gress 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; Massachusetts eigh/; Rhode Island and 
 Providence Plantations o?te,- Connecticut ,y??;e; New York 
 six; New Jersey four; Pennsylvania eight; Delaware 
 one; Maryland six; Virginia ten; North Carolina 
 five; South Carolina 7i"(;e; Georgia three. 
 
 When vacancies happen in the representation from any 
 state, the executive authority thereof shall issue writs ol 
 election to fill such vacancies. 
 
 The house of representatives shall choose their speaker 
 and other ofi?icers, and shall have the sole power of im- 
 peachment. 
 
 Sec. 3. The senate of the United States shall be com- 
 posed of two senators from each state, chosen by the leg- 
 islature therof, for six years; and each senator shall have 
 one vote. 
 
 Immediately after they shall be assembled in conse- 
 quence of the first election, they shall be divided, as equal- 
 ly as may be, into three classes. The seats of the sena- 
 tors 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 sec- 
 oridyear; and if vacancies happen, by resignation, or other- 
 wise, during the recess of the legislature of any state, the 
 executive thereof may make temporary appointments, un- 
 til the next meeting of the legislature, which shall then 
 fill such vacancies. 
 
 No person shall be a senator who shall not have attain- 
 S
 
 258 CONSTITUTION OF 
 
 cd to the age of thirty years, and been nine years a citizen 
 of the United States, and who shall not, when elected, be 
 an inhabitant of that state for which he shall be chosen. 
 The vice president of the United States shall be presi- 
 dent of the senate, but shall have no vote, unless thty be 
 equally divided. 
 
 The senate shall choose their other officers, and also a 
 president pro tempore, in the absence of the vice presi- 
 dent, or when he shall exercise the office of president of 
 the United States. 
 
 The senate shall have the sole power to try all impeach- 
 ments : when sitting for that purpose, they shall be on 
 oath or aflirmation. When the president of the United 
 States is tried, the chief justice sliall preside; and no per- 
 son shall be convicted without tiu^ ((M-Kurrence of t\X'o 
 thirds of the members present. 
 
 Judgment, in cases of impeachru, i:i, v.iiall not extend 
 further than to removal from bffice, and disqivalificatioa 
 to hold and enjoy any office of honor, trust, or profit, un- 
 der the United States ; but the party convicted 5hall,''nev- 
 ert'heless, be liable and subject to indictm: ', ' ' ' iudg- 
 rnent and punishment, according to law. 
 
 Sec. 4. The times, places and manner olholdivig elec- 
 tions for senators and representatives, shall be prescribed 
 in each state by the legislature thereof; but the congv-s 
 may at any time, by law, make or alter such regulatiou: . 
 except as to the places of choosing senators. • ». 
 
 The congress shall assemble at least once in every 
 year; and such meeting shall be on the first Monday in 
 December, unless.they shall, bylaw, appoint a difierent 
 day. 
 
 Sec. 5. Each house shall be the judge of the elcctionr 
 returns and qualifications of its oun members ; rmd a rn: 
 jority ofeach shall constitute a quorum to do business; bui 
 a smaller number may adjourn from day to day, and may 
 be authorized to compel the attendance of absent membeT^ 
 in such manner, and under such penalties, as each hou:- 
 may provide. 
 
 Each house may determine the tules of its proceedings.
 
 THE UNITED STATES. 259 
 
 punish its members for disorderly behavior, and, witJi 
 the concurrence of two thirds, expel a member. 
 
 Each house shall keep a journal of its proceedings, and 
 from time to time publish the same, excepting such parts 
 as may, in their judgment, require secrecy ; and the yeas 
 and nays of the members of either house, on any question, 
 shall, at the desire of one fifth of those present, be enter- 
 on the journal. 
 
 Neither house, during the session of congress, shall, 
 without the consent of the other, adjourn for more than 
 three days, nor to any other place than that in which the 
 two houses shall be sitting. 
 
 Sec. 6. The senators and representatives shall receive 
 a compensation for their services, to be ascertained by law, 
 and paid out of the treasury of the United States. They 
 shall, in all cases, except treason, felony, and breach of 
 the peace, be privileged from arrest during their attendance 
 at the session of their respective houses, and in going to or 
 returning from the same : and for any speech or debate 
 in either house, they shall not be questioned in any other 
 place. 
 
 No senator or representative shall, during the time for 
 , hicii he was elected, be appointed to any civil office un- 
 der the authority of the United States, Avhich 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 ei- 
 ther house during his continuance in office. 
 
 Sec. 7. All bills for raising revenue shall originate in 
 the house of representatives; but the senate may propose, 
 or concur with, amendments, as pn other bills. 
 
 Every bill w^hich shall have passed the house of rcpre- 
 .cntatives and the senate, shall, before it become a law, 
 be presented to the president of the United States : if he 
 '•nprove, he shall sign it; but if not, he shall return it, 
 i!h his objections, to that house in which it shall have 
 originated, who shall enter the objections at large on their 
 journal, and proceed to reconsider it. If, after sueh re- 
 consideration, two thirds of the house shall agree to pass 
 the bill, it shall be sent, together with the objections, to
 
 260 CONSTITUTION OF 
 
 the other house, by which it shall likewise be reconsider- 
 ed, and, if approved by two-thirds of that house, it shall 
 become a law. But, in all such cases, the votes of both 
 houses shall be determined by yeas and nays, and the 
 names of the persons voting for and against the bill shall 
 be entered on the journal of each house respectively. If 
 any bill shall not be returned by the president whhin ten 
 days (Sundays excepted) after it shall have been present- 
 ed to him, the same shall be a law, in like manner as if 
 he had signed it, unless the congress, by their adjourn- 
 ment, prevent its return, in which case it shall not be a 
 law. 
 
 Every order, resolution or vote, to which the concur- 
 rence of the senate and house of representatives may be 
 necessary (except on a question of adjournment) shall be 
 presented to the president of the United States, and be- 
 fore the same shall take effect, shall be approved by him, 
 or, being disapproved by him, shall be 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. 
 
 Sec. 8. Congress shall have power — 
 To lay and collect taxes, duties, imposts and excises, 
 to pay the debts and provide for the common defence and 
 general welfare <if the United States ; but all duties, im- 
 posts and excises slvall be uniform throughout the United 
 States : 
 
 To borrow money on the credit of the United States : 
 To regulate commerce with foreign nations, and among 
 the several states, and with the Indian tribes : 
 
 To establish a uniform rule of naturalization, and uni- 
 form laws on the subject of bankruptcies throughout the 
 United Slates: 
 
 To coin money ; to regulate the value thereof, and of 
 foreign coin ; and fix the standard of weights and meas- 
 ures: 
 
 To provide for the punishment of counterfeiting the »e- 
 curities and current coin of the United States : 
 To establish post offices and post roads : 
 To promote the progress of science and useful arts, by
 
 THE UNITED STATES. 261 
 
 securing, tor limited times, to authors and inventors, the 
 exclusive right to their respective writings and discove- 
 ries : 
 
 To constitute tribunals inferior to the supreme court: 
 
 To define and punish piracies and felonies committed 
 on the high seas, and offences against ihe law of nations : 
 
 To declare n-ar ; grant letters of marque and repri- 
 sal; and make rules concerning captures on land and 
 water : 
 
 To raise and support armies; but no appropriation of 
 money to that use shall he for a longer term than two 
 years: 
 
 To provide and maintain a navy: 
 
 To make rules for the government and regulation of 
 the land and naval forces: 
 
 To provide for calling forth the militia to execute the 
 laws of the Union, suppress insurrections, and repel in- 
 vasions : 
 
 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 ; reserv- 
 ing to the states respectively, the appointment of the offi- 
 cers, and the authority of training the militia, according 
 to the discipline prescribed by congress : 
 
 To exercise exclusive legislation in all cases whatso- 
 ever, over such district (not exceeding ten miles square) 
 as may, bv cession of particular states, and the aecept- 
 ance of congress, become the seat of government of the 
 United States, and to exercise like authority over all pla- 
 ces purchased, bjr the consent of the legislature of the 
 state in which the same shall be, for the erection of forts, 
 magazines, arsenals, dock 3'ards, and other needful build- 
 ings • And, 
 
 To make all laws which shall be necessary and proper 
 for carrying into execution the foregoing powers, and all 
 other powers vested by this constitution in the government 
 of the United States, or in any department or officer there- 
 of 
 
 Sec. 9. The migration or importation of such persons 
 as any of the states now existing shall think proper to
 
 262 CONSTITUTION OF 
 
 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 exceed- 
 ing ten dollars for each person. 
 
 The privilege of the writ of habeas corpus shall not be 
 suspended, unless when, in cases of rebellion or invasion, 
 the public safety may require it. 
 
 No bill of attainder or ex post facto law shall be pass- 
 ed. 
 
 No capitation or other direct tax shall be laid, unless 
 in proportion to the census or enumeration herein before 
 directed to be taken. 
 
 No tax or duty shall be laid on articles exported form 
 any state. No preference shall be given, by any regula- 
 tion 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 an- 
 other. 
 
 No money shall be drawn from the treasury, but in 
 consequence of appropriations made by law: and a regu- 
 lar statement and account of the receipts and expendi- 
 tures of all public money shall be published from time to 
 time. 
 
 No title of nobility shall be granted by the United States; 
 and no person holding any office of profit or trust under 
 them shall, without the consent of the congress, accept of 
 any present, emolument, office, or title of any kind what- 
 ever, from any king, prince, or forein^n state. 
 
 Sec. 10. No state shall enter into any treaty, alliance 
 or confederation; grant letters of marque and reprisal; 
 coin money ; emit bills of credit ; make any thing but 
 gold and silver coin a tender in payment of debts; pass 
 any bill of attainder, ex post facto law, or law impair- 
 ing the obligation of contracts ; or grant any title of no- 
 bility. 
 
 No state shall, without the consent of the congress, lay 
 any imposts, or duties on imports or exports, except what 
 may be absolutely necessary for executing its inspection 
 laws; and the nett produce of all duties and imposts laid 
 by any state on imports or exports, shall be for the use
 
 THE UNITED STATES. 
 
 263 
 
 of the treasurj^ of the United States ; and all such laws 
 shall be subject to the revision and control of the con- 
 gress. No state shall, without the consent of congress, 
 lay any duty of tonnage, keep troops or ships of war in 
 time of peace, enter into any agreement or compact with 
 another state, or with a foreign power, or engage in war, 
 unless actually invaded, or in such imminent danger as 
 will not admit of delay. 
 
 ARTICLE II. 
 
 Section 1. The executive power shall be vested in a 
 president of the United Slates of America. He shall hold 
 his office during the term of four years, and, together 
 with the vice president, chosen for the same term, be 
 elected as follows: 
 
 Each state shall appoint, in such manner as the legis- 
 lature 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 pro- 
 fit under the United States, shall be appointed an elector. 
 
 The electors shall meet in their respective states, and 
 vote by ballot for two persons, of whom one at least shall 
 not be an inhabitant of the same state with themselves. 
 And they shall make a list of all the persons votei for, 
 and of the number of votes for each, which list tliey shall 
 sign and certify, and transmit, sealed, to the seat of gov- 
 ernment of the United States, directed to the president ot 
 the senate. The president of the senate shall, in the 
 presence of the senate and house of representatives, open 
 all the certificates, and the votes shall then be counted. 
 The person having the greatest number of votes shall be 
 the president, if such number be a majority of the whole 
 number of electors appointed ; and if there be more than 
 one who have such majority, and have an equal number 
 of votes, then the house of representatives shall immedi- 
 ately choose by ballot one of them for president; and it 
 no person have a majority, then, from the five highest on 
 the list, the said house shall, in like manner, choose the 
 president. But, in choosing the president, the votes shall
 
 264 CONSTITUTION OF 
 
 be taken by slates, the representation from each state har- 
 ing one vote: a quorum for this purpose shall consist of a 
 member or members from two thirds of the states, and a 
 majority of all the states shall be necessary to a choice. 
 In every case, after the choice of the president, the person 
 having the greatest number of votes of the electors, shall 
 be the vice president. But if there should remain two or 
 ]nore who have equal votes, the senate shall choose from 
 them, by ballot, the vice president. 
 
 [By the 12th article of amendment, the above clause 
 has been repealed.] 
 
 The congress ma}- determine the time of choosing the 
 electors, and the day on v/hich they shall give theii votes, 
 which day shall be the same throughout the United 
 States. 
 
 No person, except a natural born citizen; or a citizen of 
 the United States at the time of the adoption of this con- 
 stitution, shall be eligible to the office of president : nei- 
 ther shall any person be eligible to that office who shall 
 not have attained to the age of thirty five years, and been 
 fourteen years a resident within the United States. 
 
 In case of the removal of the president from office, or of 
 his death, resignation, or inability to discharge the pow- 
 ers and duties of the said office, the same shall devolve 
 on the vic^ president, and the congress may, by law, 
 provide for the ca^e of removal, death, resignation, or 
 inability,' both of the president and vice president, declar- 
 ing what officer shall then act as president ; and such of- 
 ficer shall act accordingly, until the disability be remov- 
 ed, or a president shall be elected. 
 
 The president shall, at stated times, receive for his ser- 
 vices a compensation, which shall neither be increased 
 nor diminished during the period for which he shall have 
 been elected ; and he shall not receive, within that period, 
 any other emolument from the United States, or any of 
 them. 
 
 Before he enter on the execution of his office, he shall 
 take the following oath or affirmation: 
 
 " I do solemnly swear (or affirm) that I will faithfully 
 execute the office of president of the United States; and
 
 THE UNITEP STATES. 265 
 
 will, to the best of my ability, preserve, protect, and de- 
 fend the constitution of the United States." 
 
 Sec. 2. The president shall be commander-in-chief of 
 the army and navy of the United States, and of the mili- 
 tia of the several states, Avhen called into the actual serv- 
 ice of the United States; he may require the opinion, in 
 Avriting, of the principal officer in each of the executive 
 departments, upon any subject relating to the duties of 
 their respective offices ; and he shall have power to grant 
 reprieves and pardons for offences against the United 
 States, except in cases of impeachment. 
 
 He shall have power, by and with the advice and con- 
 sent of the senate, to make treaties, provided two thirds 
 of the senators present concur: and he shall nominate, 
 and by and with the advice and consent of the senate, shall 
 appoint ambassadors, other public ministers and consuls, 
 judges of the supreme court, and all other officers of the. 
 United States, whose appointments are not herein other- 
 wise provided for, and which shall be established by law: 
 but the congress may, by law, vest the appointment of 
 such infej-ior ofhcers as they think proper, in the president 
 alone, in the courts of law, or in the heads of depart- 
 ments. 
 
 The president shall have power to fill up all vacancies 
 that may happen during the recess of the senate, by grant- 
 ing commissions which shall expire at the end of their^.^ 
 next session. 
 
 Sec. 3. He shall from time to time give to the congress 
 information of the state of the union; and recommend to 
 their consideration such measures as he shall judge ne- 
 Jc'essary and expedient. He may, on extraordinary oc- 
 casions, convene both houses, or either of them ; and, in 
 case of disagreement between them, Avith respect to the 
 time of adjournment, he may adjourn them to such time 
 as he shall think proper. He shall receive ambassadors 
 and other puclic ministers. He shall take care that the 
 laws be faithfully executed; and shall commission all the 
 officers of the United States. 
 
 Sec. 4. The president, vice president, and all civil of- 
 ficers of the United States, shall be removed from office
 
 266 CONSTITUTION OF 
 
 on impeachment tor, and conviction of, treason, bribery, 
 or other high crimes and misdemeanors. 
 
 ARTICLE III. 
 
 Section 1. Thejudicialpower 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 in- 
 ferior courts, shall hold their offices during good behav- 
 ior; and shall, at stated times, receive for their services 
 a compensation, which shall not be diminished during 
 their continuance in office. 
 
 Sec. 2. The judicial power shall extend to all cases 
 in law and equity, arising under this constitution, the 
 laws of the United States, and treaties made, or which 
 shall be made, under their authority; to all cases affect- 
 ing ambassadors, other public ministers, and consuls; to 
 all cases of admiralty and maritime jurisdiction; to con- 
 troversies 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 difTerent 
 states, beaveen citizens of the same state claiming lands 
 under gra.nts of different states, and between a state, or 
 the citizens thereof and foreign states, citizens or subjects. 
 In all cases affecting ambassabors, other public minis- 
 ters and consuls, and those in which a state shall be a 
 party, the supreme court shall have original jurisdiction. 
 In all the other cases before mentioned, the supreme 
 court shall have appellate jurisdiction, both as to law and 
 fact, with such exceptions, and under such regulations, as 
 the congress shall make. 
 
 The trial of all crimes, except in cases of impeachment, 
 shall be by jury ; and such trial shall be held in the state 
 where the said crimes shall have been committed; but 
 when not committed within any state, the trial shall be at 
 such place or places as the congress may by law have 
 directed. 
 
 Sec. 3. Treason against the United States shall consist 
 only in levying war against them, or in adhering- to 
 their enemies, giving them aid and comfort. No person
 
 THE XJNITED STATES. 267 
 
 shall be convicted of treason, unless on the testimony of 
 two Avitnesses to the same overt act, or on confession in 
 open court. 
 
 The congress shall have power to declare the punish- 
 ment of treason ; but no attainder of treason shall work 
 corruption of blood, or forfeiture, except during the life 
 of the person attainted. 
 
 ARTICLE IV. 
 
 Section 1. Full faith and credit shall be given, in 
 each state, to the public acts, records, and judicial pro- 
 ceedings of everjr other state. And the congress may, 
 by general laws, prescribe the manner in which such 
 acts, records and proceedings shall be proved, and the 
 effect thereof 
 
 Sec. 2. The citizens of each state shall be entitled to 
 all the privileges and immunities of citizens in the sever- 
 al states. 
 
 A person charged in any state with treason, felony, or 
 other crinae, who shall flee from justice, and be found in 
 another state, shall, on demand of the executive authori- 
 ty of the state from which he fled, be delivered up, to be 
 removed to the state having jurisdiction of the crime. 
 
 No person held to service or labor in one state, under 
 the laws thereof, escaping into another, shall, in conse- 
 quence of ax)j law or regulation therein, be discharged 
 from such service or labor; but shall be delivered up on 
 claim of the party to whom such service or labor may be 
 due. 
 
 Sec. 3. New states may be admitted by the congress 
 into this union ; but no new state shall be formed or erect- 
 ed within the jurisdiction of any other state, nor any state 
 be formed by the junction of two or more states, or parts 
 of states, without the consent of the legislatures of the states 
 concerned, as well as of the congress. 
 
 The congress shall have power to dispose of, and make 
 all needful rules and regulations respecting the territory 
 or other property belonging to the United Slates ; and no- 
 thing in this constitution shall be so construed as to pre- 
 judice any claims of the United States, or of any partic- 
 ular state.
 
 268 CONSTITUTION OF 
 
 Skc. 4. The United States shall guaranty to every 
 state in this union, a republican fornn of government; 
 and shall protect each of them against invasion, and on 
 application of the legislature, or of the executive (when 
 the legislature cannot be convened) against domestic vio- 
 lence. 
 
 ARTICLE V. 
 
 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 
 proposing amendments; which, in either case, shall be. 
 valid to all intents and purposes, as part of this constitu- 
 tion, when ratified by the legislatures of three fourths of 
 the several states, or by conventions in three fourths there- 
 of, as the one or the other mode of ratification may be pro- 
 posed by the congress: Provided, that no amendment 
 which may be made prior to the year one thousand eight 
 hundred and eight, shall in any manner afl^ect the first 
 and fourth clauses in the ninth section of the first article ; 
 and that no state, without its consent, shall be deprived 
 of its equal suffrage in the senate. 
 
 ARTICLE VI. 
 
 All debts contracted, and engagements entered into, be- 
 fore the adoption of this constitution, shall be as valid a- 
 gainst the United States, under this constitution, as un- 
 der the confederation. 
 
 This constitution, and the laws of the United States 
 which shall be made in pursuance thereof, and all treaties 
 made, or which shall be made, under the authority of the 
 United States, shall be the supreme law of the land, and 
 the judges in every state shall be bound thereby, any thing 
 in the constitution or laws of any state to the contrary 
 notwithstanding. 
 
 The senators and representatives before mentioned, and 
 the members of the several state legislatures, and all ex- 
 ecutive and judicial officers, both of the LTnited States and 
 of the several states, shall be bound, by oath or affirma- 
 tion, to support this constitution; but no religious test
 
 THK UNINTED STATES. ^69 
 
 ?.hall ever be required as a qualification to any office or 
 public trust under the United States. 
 
 ARTICLE VII. 
 
 The ratification of the conventions of nine states shall 
 be sufficient for the establishment of this constitution be- 
 tween the states so ratifying the same. 
 
 Done in convention,by the unanimous consent ©f the states 
 present, the seventeenth day of September, in the year 
 of our Lord one thousand seven himdred and eighty- 
 seven, and of the Independence of the United States of 
 America, the twelfth. In witness whereof we have sub- 
 scribed our names. 
 
 GE0RC4E WASHINGTON, 
 President, and delegate from Virginia. 
 New Hampshire. John Langdon, Nicholas Oilman. 
 Massachusetts. Nathaniel Gorham, Rufus King. 
 Connecticut. Wm. Samuel Johnson, Roger Sherman. 
 New York. Alexander Hamilton. 
 New Jersey. William Livingston, William Paterson, 
 David Brearly, Jonathan Dayton. 
 
 Pennsylvania, Benjamin Franklin, Robert Morris, 
 Thomas Fitzsimons, James Wilson, Thomas Mifflin, 
 George Clymer, Jared Ingersoll, Gouverneur Morris. 
 
 Delaware. George Read, Gunning Bedford, jun. 
 John Dickinson, Richard Bassett, Jacob Broom. 
 
 Maryland. James M'Henry, Daniel of St. The. Jen- 
 ifer, Daniel Carroll. 
 
 Virginia. John Blair, James Madison, jun. 
 North Carolina. William Blount, Richard Dobba 
 Spaight, Hugh Williamson. 
 
 South Carolina. John Rutledge, Charles Pinckney, 
 Pierce Butler, Cha's Cotesworth Pinckney. 
 Georgia. William Few, Abraham Baldwin. 
 
 Attest, William Jackson, Secretary.
 
 270 CONSTITUTION OV 
 
 AMENDMENTS. 
 
 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 the press ; 
 or the right of the people peaceably to assemble, and to 
 petition the government for a redress of grievances. 
 
 Art. II. A well regulated militia being necessary to 
 the security of a free state, the right of the people to keep 
 and bear arms shall not be infringed. 
 
 Art. III. No soldier shall, in time of peace, be quar- 
 tered in any bous^ wirhout the consent cf the owner, nor 
 in time of vyai'. i-'tit in a manner to be prescribed by law. 
 
 Art. IV. 'fhe right cf the people to be secure in their 
 persons, holises, papers and ettects, against unreasonable 
 iearches and syio'urcs. shall not be violated ; and no war- 
 rant shell issue, but upon probable cause, suppoijed by 
 oath or aiFirmktioh, ntnd particularly describing the place 
 to be searchcsl v.'iiie persons or things to be seized. 
 
 Art. V. K;. j i-son shall beheld to answer for a cap- 
 ital or other iafaaious crime, unless on a presentment or 
 indictment cf a o;rand jury, except in cases arising in the 
 land or naval forces, or in the militia Avhen in actual ser- 
 vice, in time of war or public danger; nor shall any per- 
 son be subject, for the same oficnce, to be twice put in 
 jeopardy of life or linib; nor shall be compelled, in any 
 criminal case, to be witness against himself; nor be depri- 
 ved of life, liberty, or property, without due process of 
 law; nor shall private property be taken for public use, 
 without just compensation. 
 
 Art. VI. In all criminal prosecutions, the accused 
 shall enjoy the right to a speedy a:id public trial, by an 
 impartial jury of the state and district wherein the crime 
 shall have been committed, which distri«t shall have been 
 previously ascertained by law; and to be informed of the 
 nature and cause of the accusation ; to be confronted with 
 the witnesses against him ; to liave compul-^ory process 
 for obtaining witnesses in his favor ; and to have the as- 
 sistance of counsel for his defence.
 
 THE tJNlTE© STATKSr 271 
 
 Art. VII. In saits at law, where the vahie in contro- 
 versy shall exceed twenty dollars, the right of trial by ju- 
 ry 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. 
 
 Art. VIII. Excessive bail shall not be required, nor 
 excessive fines imposed, nor cruel and unusual punish- 
 ments inilicted. 
 
 Art. IX. The enumeration in the constitution of cer- 
 tain rights, ehall not be construed to deny or disparage 
 others retained by the people. 
 
 Arx. X. The powers not delegated to the United 
 States by the constitution, nor prohibited by it to the 
 states, are reserved to the states respective! J^ or to the 
 people. 
 
 Art. XI. The judicial power of the United States 
 shall not be consirued to extend to any suit, in law or 
 cquityj commenced or prosecuted against one of the 
 United States by citizens of another state, or by- citizens 
 or subjects of any forsign state. .. * 
 
 Art. XII. The electors shall meet iii- th»ir lespcctiv- 
 states, and vote, by ballot, f6r president and ->?ice presi- 
 dent, one of Vv-hom, at least, shall not be an inhabitant of 
 tiie same state with themselves : they shall name in their 
 ballots the person voted for as piesident, and in distinct 
 ballots the person voted for as vice president ; and they 
 shall make distinct lists of all persons voted for as presi- 
 dent, 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 gov- 
 ernment of the United States, directed to the president of 
 the senate: the president of the senate shall, in the pres- 
 ence of the senate and house of representatives, open all 
 the certificates, and the votes shall then be counted; t^ 
 person having the greatest number of votes for president 
 shall be the president, if such number be a majoiitji, of 
 of the whole number of electors appointed ; and if bo ' 
 person have such majority, then, from the persons pav- 
 ing jhe highest numbers, not exceeding three, on the'list 
 of those voted for as presidg^it, the house of repr<^nte-
 
 272 CONSTITUTION OF THE 
 
 tives 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 mem- 
 ber or members from two thirds of the states, and a ma- 
 jority of all the states shall be necessary to a choice. 
 And if the house of representatives shall not choose a pres- 
 ident, 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 high- 
 est numbers on the list, the senate shall choose the vice 
 president : a quorum for the purpose shall consist of two 
 thirds of the whole number of senators, and a majority of 
 the whole number shall be necessary to a choice. 
 
 But no person constitutionally ineligible to the office 
 of president, shall be eligible to that of vice president of 
 «he United States.
 
 STATE OF NEW VORK. 273 
 
 CONSTITUTION OF THE STATE OF NEW YORK. 
 
 We, the people of the state of New York, acknowl- 
 edging with gratitude the grace and beneficence of God, 
 in permitting Ms to make choice of our form of govern- 
 jTiL'nt, do ch-lablish this constitution. 
 
 ARTICLE I. 
 
 Section 1. The legislative power of this state shall 
 he vested in a senate and assembly. 
 
 Sec. 2. The senate shall consist of thirty-two mem- 
 bers. The senators shall be chosen for four years, and 
 shall b6 freeholders. . The assembly shall consist of one 
 hundred and twenty eight members, who shall be annu- 
 ally elected. 
 
 Skc. 3. A majority of eaek house shall constTtute a 
 quorum to do business. Each house shall determine the 
 rules of its own proceedings, and be tlie judge of the 
 qualifications of its own members. P^ach hovise shall 
 choose its own officers; and the senate shall choose a 
 temporary president, when the lieutenant governor shall 
 not attend as president, or shall not act as governor. 
 
 Skc. 4. Each house shall keep a journal of its procee- 
 dings, and publish the same, except such parts as may 
 require secrecy. The doors of each house shall be kept 
 open, except '.vhen the public \ve] fa re shall require secrecy. 
 Neither house shall, without the consent of the other, ad- 
 journ for more than tv/o days. 
 
 Sec. 5. The state shall be divided into eight districts, 
 each of which shall choose four senators. 
 
 The first district shall consist of the counties of Suf- 
 folk, Q,ueens, Kings, Richmond and New York. 
 
 The second district shall consist of the counties of West- 
 chester, Putnam, Dutchess, Rockland, Orange, Ulster 
 and Sullivan. 
 
 The third district shall consist of the counties of Greene, 
 Columbia, Albany, Rensselaer, Schoharie and Schenec- 
 tady. 
 
 The fourth district shall consist of the counties of Sa- 
 T
 
 274 CONSTITUTION OY 
 
 ratoga, Montofomery, Hamilton, Washington, Warren, 
 Clinton, Essex, Franklin and St. Lawrence. 
 
 The fifth district shall consist, of the counties of Her- 
 kimer, Oneida, Madison, Oswego, Lewis and Jefferson. 
 
 Tlie sixth district shall consist of the counties of Dela- 
 ware, Otsego, Chenango, Broome., Cortland, Tompkina 
 and Tioga. 
 
 The seventh district shall con.sist of the counties of On- 
 ondaga, Cayuga, Seneca and Onlario. [Waytie and Yates 
 since erected.] 
 
 The eighth district shall consist oflhe counties of Steuben, 
 Livingston, Monroe, Genesee, Niagara, Erie, Allegany, 
 Cattaraugus and Chautauque. [Orleans since erected.] 
 
 And as soon EcS the senate shall meet, after the first 
 election to be held in pursuance of this constitution, they 
 shall cause the senators to be divided by lot, into four 
 classes, of eight in each, so that every district shall have 
 one senator of each class: the classes to be numbered, 
 one, two, three and four. And the seats of the first class 
 shall be vacated at the end of the first year; of the 
 second class, at the end of the second year; of the third 
 class, at the end of the third year; of the fourth class, at 
 the end of the fourth year ; in order that one senator be 
 annually elected iu eacli senate district. 
 
 Ssc. 6. An enumeration of the inhabitants of the state 
 shall be taken, under the direction of the legislature, in 
 the year one thousand eight hundred and twenty-five, 
 and at the end of every ten years thereafter ; and the said 
 districts shall be so altered by the legislature, at the first 
 session after the return of every enumeration, that each 
 senate district shall contain, as nearly as may be, an equal 
 number of inhabitants, excluding' aliens, paupers, and 
 persons of color not taxed, and shall remain unaltered 
 until the return of another enumeration, and shall at all 
 times consist of contiguous territory; andno coaiity shall 
 be divided in tl't* formation of a senate district. 
 
 Sec. 7. The members of the assembly shall be chosen 
 by counties, and shall be a])portioned among the several 
 counties of the state, as nearly as may be, according to 
 the numbers cf their respective inhabitants, excluding
 
 THl STATB OF NEW YORK. 278 
 
 aliens, paupers, and persons of color not taxed. An ap- 
 
 f)ortionment of members of assembly shall be made by the 
 egislature, at its first session after the return of every 
 enumeration; and, when made, shall remain unaltered 
 until another enumeration shall have been taken. But an 
 apportionment of members of the assembly shall be made 
 by the present legislature according to the last enumera- 
 tion, taken under authority of the United States, as near- 
 ly as may be. Every county heretofore established, and 
 separately organized, shall always be entitled to one mem- 
 ber of assembly, and no new county shall hereafter be 
 erected unless its population shall entitle it to a member. 
 
 Sec. 8. Any bill may originate in either house of the 
 legislature; and all bills passed by one house may be 
 amended by the other. 
 
 Sec. 9. The members of the legislature shall receive 
 for their services, a compensation to be ascertained by 
 law, and paid out of the public treasury; but no increase 
 of the compensation shall take effect during the year in 
 which it shall have been made. And no law shall be 
 passed, increasing the compensation of the members of 
 the legislature beyond the sum of three dollars a day. 
 
 Sec. 10. No member of the legislature shall receive any 
 civil appointment from the governor and senate, or from the 
 legislature, du'ring the term for which he shall have beeu 
 elected. 
 
 Sec. 11. No person being a member of congress, or 
 holding any judicial or military office under the United 
 States, shall hold a seat in the legislature. And if any 
 person shall, while a member of the legislature, be elect- 
 ed to congress, or appointed to any ofHce, civil or mili- 
 tary, under the government of the United States, hw 
 acceptance thereof shall vacate his seat. 
 
 Sec. 12. Every bill which shall have passed the sen- 
 ate and assembly, shall, before it become a law, be pre- 
 sented to the governor. If he approve, he shall sign 
 it; but if not, he shall return it, with his objections, to 
 that house in which it shall have originated ; who shall 
 enter the objections at large on their journal, and proceed 
 10 reconsider it. If after such reconsideration, two thirds
 
 276 CONSTITDTION Or 
 
 of the members present shall agree to pass the bill, it 
 
 shall be sent, together with the objections, to the otlier 
 house, by which it shall likewise be reconsidered, and if 
 approved by two thirds of the members present, it shall 
 become a law. But in all such cases, the votes of both 
 houses shall be determined by yeas and nays; and the 
 names of the persons voting for and against the bill, shall 
 be entered on the journal of each house respectively. If 
 any bill shall not be returned by the governor within ten 
 days (Sundays excepted) after it shall have been presented 
 lo him, the same shall be a law, in like manner as if he had 
 signed it, unless the legislature shall, by their adjournment, 
 prevent its return ; in which case it shall not be a law. 
 
 Sec. 13. All officer.* holding their offices during good 
 behavior, may be removed by joint resolution of the two 
 houses of the legislature, if two thirds of all the members 
 elected to the assembly, and a majority of all the members 
 elected to the senate, concur therein. 
 
 Sec. 14. The political year shall begin on the first day 
 of January, and the legislature shall every year assem- 
 ble on the first Tuesday of January, unless a different day 
 shall be appointed by law. 
 
 Sec. 15. The next election tor governor, lieutenant 
 governor, senators and members of assembly, shall com- 
 mence on the first Monday of November, one thousand 
 eight hundred and twentj'^-two ; and all subsequent elec- 
 tions shall be held at such time, in the inonth of October 
 or November, as the legislature shall by law provide. 
 
 Sec. 1G. The governor, lieutenant governor, senators, 
 and members of assembly, first elected under this consti- 
 tution, shall enter on the duties of their respective offices, 
 o« the first day of January, one thousand eight hundred 
 and twenty-three ; and the governor, lieutenant govern- 
 or, senators and members of assembly, now in office, 
 shall continue to hold the same until the first day of Jan- 
 uary, one thousand eight hundred and twenty-three, and 
 no longer. 
 
 ARTICLE II. 
 
 Sec. 1. Every male citizen of the age of twenty-one 
 years, who shall have been an inhabitant of this state one
 
 THE STATE OF NEW YORK, 277 
 
 year prececding anj^ election, and for the last six months 
 a resident of the town or county where he may ofler his 
 vote; and shall have, within the year next preceding the 
 election, paid a tax to the state or county, assessed upon 
 his real or personal property ; or shall by law be exempt- 
 ed from taxation; or being armed and equipped according 
 to law, shall have performed, Avithin that year, military 
 duty in the militia of this state; or who shall be exempted 
 from performing military duty in consequence of being a 
 ti reman in any city, town or village, in this state : and 
 also every male citizen of the age of twenty-one years, 
 who shall have been, for three years next preceding 
 such election an inhabitant of this state; and for the last 
 year, a resident in the town or county where he may of- 
 fer his vote ; and shall l>ave been, wathin the last year, 
 assessed to labor on the public highways, and shall have 
 performed the labor, or paid an equivalent therefor, ac- 
 cording to law ; shall be entitled to vote in the town or 
 ward where he actually resides, and not elsewhere, for 
 all officers that now are, or hereafter may be. elective 
 by the people. But no man of color, unless he shall have 
 been for three years a citizen of this state, and for one year 
 next preceding any election, shall be seized and possess- 
 ed of a freehold estate of the value of tvv'o hundred and 
 fifty dollars, over and above all debts and incumbrances 
 thereon ; and shall have been actually rated, and paid a 
 tax thereon, shall be entitled to vote at any such election. 
 And no person of color shall be subject to direct taxation, 
 unless he shall be seized and possessed of such real es- 
 tate as aforesaid. 
 
 Src. 2. Laws may be passed, excluding from the right 
 of suffrage, persons who have been or may be convicted 
 of infamous crimes. 
 
 Sec. o. Laws shall be made for ascertaining by pro- 
 per proofs, the citizens v. ho shall be entitled to the right 
 of suffrage hereb}'' established. 
 
 Sec. 4. All elections by the citizens shall be by ballot, 
 except for such town ofhcers as may by law be directed 
 kj be otherwise chosen.
 
 275 CONSTITtTTlON OF 
 
 ARTICLE III. 
 
 Sec. 1. The executive power shall be vested in a 
 governor. He shall hold his office for two years ; and a 
 lieutenant governor shall be chosen at the same time, and 
 for the same term. 
 
 Sbc. 2. No person except a native citizen of the Uni- 
 ted States, shall be eligible to the office of governor.; nor 
 shall any person be eligible to that office, Avho shall not 
 be 1 freeholder, and shall not have attained the age of 
 thirty years, and have been five years a resident within 
 this state; unless he shall have been absent during that 
 time on public business of the United States, or of this 
 state. 
 
 Sec. 3. The governor and lieutenant governor shall be 
 elected at the times and places of choosing members of the 
 legislature. The persons respectively having the high- 
 est number of votes for governor and lieutenant governor, 
 shall be elected ; but in case two or more shall have an 
 equal and the highest number of votes for governor or for 
 lieutenant governor, the two houses of the legislature shall, 
 by joint ballot, choose one of the said persons so having- 
 an equal and the highest number of votes for governor or 
 lieutenant governor. 
 
 Sec. 4. The governor shall be general and command- 
 er-in-chief of the militia, and admiral of the navy of the 
 state. He shall have power to convene the legislature, 
 (or senate only,) on extraordinary occasions. He shall 
 communicate by message to the legislature at every ses- 
 sion, the condition of the state ; and recommend such mat- 
 ters to them as he shall judge expedient. He shall trans- 
 act all necessary business with the officers of government, 
 oivil and military. He shall expedite all such measures 
 as may be resolved upon by the legislature, and take care 
 that the laws are faithfully executed. He shall, at stated 
 times, receive for his services a compensation, which 
 shall neither be increased nor diminished during the term 
 for which he shall have been elected. 
 
 Sec. 5. The governor shall have power to grant rc>- 
 prieves and pardons after conviction for all offences, ex- 
 cept treason and impeachment. Upon convictions for
 
 THE STATE OF NEW YORK. 270 
 
 treason, he shall have power to suspend the execution of 
 the sentence, until the case shall be reported to the legis- 
 lature at its next meeting ; when the legislature shall ei- 
 ther pardon or direct the execution of the criminal, or 
 gTSLUt a further reprieve. 
 
 Sec. 6. In case of the impeachment of the governor, or 
 his removal from ofhce, death, resignation, or absence 
 from the state, the powers and duties of the office shall 
 devolve upon the lieutenant governor for the residue of 
 the term, or until the governor, absent or impeached, shall 
 return or be acquitted. But when the governor shall, 
 with the consent of the legislature, be out of the state in 
 time of war, at the head of the military force thereof, he 
 shall continue commander-in-chief of the military force of 
 the state. 
 
 Sec. 7. The lieutenant governor shall be president of 
 the senate, but shall have only a casting vote therein. If, 
 during a vacancy of the office of governor, the lieutenant 
 governor shall be impeached, displaced, resign, die, or be 
 absent from the state, the president of the senate shall act 
 as governor, until the vacancy shall be filled, or the disa- 
 bility shall cease. 
 
 ARTICLE IV. 
 
 Sec. I. Militia officers shall be chosen or appointed aa 
 follows: captains, subalterns, and non-commissioned offi- 
 cers, shall be chosfn by the written votes of the members 
 ■of their respective companies. Field officers of regi- 
 ments and separate battalions, by the written votes of tha 
 commissioned officers of the respective regiments and sep- * 
 arate baUalions. iVlajor generals, brigadier generals, and 
 commanding officers of regiments or separate batta!io)is, 
 shall appoint the staiT officers of their respective divisions, 
 brigades, regiments or separate battalions. 
 
 Sec. 2. The governor shall nominate, and -with the 
 consent of the senate, appoint, all major generals, brigade 
 inspectors, and chief of the staff departments, except the 
 adjutant general and commissary general ; the adjutant 
 general shall be appointed by the governor. 
 
 Siic. 3. The legislature shall, by law, direct the time
 
 230 CONSTITTJTfON OF 
 
 and manner of electing militia officers, and of certifying^ 
 their election to the governor. 
 
 Sec. 4. The commissioned officers of the militia shall 
 be commissioned by the governor; and no commissioned 
 officer shall be removed from office, nnless by the senate., 
 on the recommendation of the governor, stating the grounds 
 on which such removal is recommended, or by the decis- 
 ion of the court roartiai pursuant to law. The present 
 officers of the militia shall hold their commissions, sub- 
 ject to removal as before provided. 
 
 Sec. 5. In case the mode of election and appointment 
 of militia officers hereby directed, shall not'be found con- 
 ducive to the improvenient of the militia, the legislature 
 may abolish the same, and provide by law for their ap- 
 pointment and removal, if two thirds of the members pres- 
 ent in each house shall concur therein. 
 
 Sec. 6. The secretary of state, comptroller, treasurer, 
 attorney general, surveyor general, and commissary gen- 
 eral, shall be appointed as follows: The senate and as- 
 sembly shall each openly nominate one person for the said 
 offices respectively ; after which, they shall meet together, 
 and if they agree in their nominations, the person so nom- 
 inated shall be appointed to the office for which he sliall 
 bs nominated. If they shall disaorec, the appointment 
 shall be made by the joint ballot of the senators and mem- 
 bars of assemblj:. The treasurer sli'all be chosen annual- 
 ly. The secretary of state, comptroller, attorney general, 
 survej-or general, and commis.'^ary general, shall hold ihcir 
 offices for three years, unless sooner removed by concur- 
 • rent resolution of the senate and assembly. 
 
 Sec. 7. The governor shall nominate, by message or 
 writing, and with the consent of the senate, shall appoint, 
 all judicial officers, except justices of the peace, who shall 
 be appointed in manner following, that is to say: The 
 board of supervisors in every county in this state, shall 
 at such time as the legislature may direct, meet together ; 
 and they, or a majority of 'hem so assembled, shall nom- 
 inate so many persons as shall be equal to the number of 
 justices of the peace to be appointed in the several town* 
 in their respective counties. And the judges of the rii»-
 
 THE STATE OF NEW YORK. 2SI 
 
 pective county courts, or a majority of them, shall also 
 meet and nominate a like number of persons ; and it shall 
 be the duty of the said board of supervisors, and judges of 
 county courts, to compare such nominations, at such time 
 and place as the legislature may direct; and if, on such 
 comparison, the said boards of supervisors and judges of 
 county courts shall agree in their nominations, in all, or 
 in part, they shall file a certificate of the nominations ia 
 which they shall agree, in the oitice of the clerk of the 
 county ; and the person or persons named in such certifi- 
 cates, shall be justices of the peace; and in case of the dis- 
 agreement in the whole, or in part, it shall be the farther 
 duty of the said boards of supervisors and judges respec- 
 tively, to transmit their said nominations, so far as they 
 disagree in the same, to the governor, who shall select 
 from the said nominations, and appoint so many justices 
 of the peace as shall be requisite , to fill the vacancies. — 
 Every person appointed a justice of the peace, shall hold 
 his oftice for four years, unless removed b}'' the county 
 court, for causes particularly assigned by the judges of 
 the said courts; and no justice of the peace shall be remo- 
 ved, until he shall have notice of the charges made against 
 him, and an opportunity of being heard in his defence. 
 
 Sec. 8. Sheriffs and clerks of counties, including the 
 register and clerk of the city and county of New York, 
 shall be chosen by the electors of the respective counties, 
 once in every three years, and as often as vacancies shalJ 
 happen. Sheriffs shall hold no other ofiice, and be ineli- 
 gible for the next three years after the termination of their 
 offices. They may be required by law to renew their se- 
 curitjr, from time to time ; and in default of giving such 
 new security, their ofnces shall be deemed vacant. But 
 the county shall never be made r'esponsible for the acts of 
 the sherifl'; and the governor may remove any such sher- 
 iff! clerk or register, at any time within the three years 
 for which he shall be elected, giving to such sheriff] clerk 
 or register, a copy of the charges against him, and an op- 
 portunity of being heard in his defence, before any remo- 
 val shall be made. 
 
 Sec. 9. The clerks of courts, except these clerks whose
 
 282 CONSTITUTION OF 
 
 appointment is provided for in the preceding section, shall 
 be appointed by the courts of which they respectively are 
 clerks; and district attorneys by the county courts. — 
 Clerks of courts, and district attorneys, shall hold their 
 offices for three years, unless sooner removed by the courts 
 appointing them. 
 
 Sec. 10. The mayors of all the cities in this state shall 
 be appointed annually by the common councils of their 
 respective cities. 
 
 Sec. 11. So many coroners as the legislature may di- 
 rect, not exceeding four in each county, shall be elected 
 in the same manner as sheriffs, and shall hold their offices 
 for the same term, and be removable in like manner. 
 
 Sec. 12. The governor shall nominate, and, v/ith the 
 consent of the senate, appoint, masters and examiners in 
 ■chancery; who shall hold their offices for three years, 
 unless sooner removed by the senate, on the recommenda- 
 tion of the governor. The registers and assistant regis- 
 ters, shall be appointed by the chancellor, and hold their 
 offices daring his pleasure. 
 
 Sec. 13. The clerk of the court of oyer and terminer, 
 and general sessions of the peace, in and for the city and 
 county of New York, shall be appointed by the court of 
 general sessions of the peace in said city, and hold his of- 
 ffice during the pleasure of said court; and such clerks and 
 other officers of courts, whose appointment is not herein 
 provided for, shall be appointed by the several couris ; or 
 by the governor, with the consent of the senate, as may be 
 directed by law. 
 
 Skc. 14. The special justices, and the assistant justices; 
 and their clerks, in the city of New York, shall be ap- 
 pointed by the common council of the said city ; and shall 
 hold their offices for the same term that the justices of the 
 peace, in the other counties of this state, hold their offices, 
 and shall be removable in like manner. 
 
 Sec. 15. All officers heretofore elective by the people, 
 shall continue to be elected ; and all other officers whose 
 appointment is not provided for by this constitution, and all 
 •ilicers whose offices may be herealier created by l&w,
 
 THK STATE OT NEW YORK. 28S 
 
 ffhall be elected by the people, or appointed, as may by 
 law be directed. 
 
 Sec. 16. Where the duration of any office is not pre- 
 scribed by this constitution, it may be declared by law ; 
 and if not so declared, such office siiallbe held durino- the 
 pleasure of the authority making the appointment. 
 
 ARTICLE V. 
 
 Sec. 1. The court for the trial of impeachments, and 
 the correction of errors, shall consist of the president of 
 the senate, the senators?, the chancellors, and the justices 
 of the supreme court, or the major part of them ; but when 
 an impeachment shall be prosecuted against the chancel- 
 lor, or any justice of the supreme court, the person so im- 
 peached shall be suspended from exercising his office, un- 
 til his acquittal ; and when an appeal from a decree in 
 chanv:cry shall be heard, the chancellor shall inform the 
 court of the reasons for his decree, but shall have no voice 
 in the iiiial sentence; and when a writ of error shall be 
 brought, on a judgment of the supreme court, the justices 
 of that court shall assign the reasons for their judgment, 
 but shall not have a voice for its affirmance or reversal. 
 
 Sec. 2. The assembly shall have the power of im- 
 peaching all civil officers of this state for mal and corrupt 
 conduct in office, and high crimes and misdemeanors: but 
 a majority of all the members elected shall concur in an 
 impeachment. Before the trial of an impeachment, the 
 members of the court shall take an oath "or al-firmation, 
 truly and impartially to try and determine the charge in 
 question according to evidence: and no person shall be 
 convicted, without tlie concurrence of two thirds of the 
 members present. Judgment in cases of impeachment, 
 shall not extend farther than the removal from office, and 
 disqualification to hold and enjoy any office of honor, 
 trust or profit, under this state ; but the party convicted 
 fhall be liable to indictment and punishment, according 
 to 1; 
 
 a -.v. 
 
 Skc. 3. The chancellor and justices of the supreme 
 eourt, shall hold their offices during good behavior, or 
 until they shall attain the age of sixty years.
 
 284 CONSTITUTION OF 
 
 Sec. 4. The supreme court shall consist, of a chief 
 justice and two justices, any of whom may hold the court. 
 
 Sec. 5. The state shall be divided, by law, into a con- 
 venient number of circuits, not less than four nor exceed- 
 ing eight, subject to alteration by the legislature, from 
 time to time, as the public good may require; for each of 
 which a circuit judge shall be appointed, in the same 
 manner, and hold his office by the same tenure, as the 
 justices of the supreme court: and who shall possess the 
 powers of a justice of the supreme court at chambers, and 
 in the trial of issues joined in the supreme court, and in 
 courts of oyer and terminer and jail delivery. And such 
 equity powers may be vested in said circuit judges, or in 
 the county courts, or in such other subordinate courts, as 
 the legislature may by law direct, subject to the appellate 
 jurisdiction of the chancellor. 
 
 Sec. 6. Judges of the county courts, and recorders of 
 cities, shall hold their olfices for five years, but may be 
 removed by the senate, on the recommendation of the gov- 
 ernor, for causes to be stated In such recommendation. 
 
 Sec 7. Neither the chancellor, nor justices of the su- 
 preme court, nor any circuit judge, shall hold any other 
 office of public trust. All votes for any elective office, 
 given by the legislature or the people, for the chancellor, 
 or a justice of the supreme court, or circuit judge, during 
 his continuance in his judicial office, shall be void. 
 
 ARTICLE VI. 
 
 Sec 1. Members of the legislature, and all officers, ex- 
 ecutive and judicial, except such inferior officers as may 
 by law be exempted, shall, before they enter on the duties 
 of their respective offices, take and subscribe the follow- 
 ing oath or affirmation : 
 
 " I do solemnly sweai-, (or affirm, as the case may be,) 
 that I will support the constitution of the United States, 
 and the constitution of the state of Nev.- York, and thai I 
 
 will faithfully discharge the duties of the office of , 
 
 according to the best of my ability.'' 
 
 And no other oath, declaration or test, shall be requir- 
 ed as a qualification for any office or public trust.
 
 THE STATE OF NEW YORK. 285 
 
 ARTICLE VII. 
 
 Skc. I. No member of this state shall be disfranchised, 
 or deprived of any of the rights or privileges secured to 
 any citizen thereof, unless by the law of the land, or the 
 judgment of his peers. 
 
 Skc. 2. The trial by jury, in all cases in which it has 
 been heretofore used, shall remain inviolate for ever; and 
 no new court shall be instituted, but such as shall proceed 
 according to the course of the common law; except such 
 courts of equity as the legislature is herein authorized to 
 establish. 
 
 Sec. 3. The free exercise and enjoyment of religious 
 profession and worship, Avithout discrimination or prefer- 
 ence, shall for ever be allowed in this state, to all man- 
 kind ; but the liberty of conscience hereby secured, shall 
 not be so construed as to excuse acts of licentiousness, or 
 justify practices inconsistent with the peace or safety of 
 this state. 
 
 Skc. 4. And whereas the ministers of the gospel are, 
 by their profession, dedicated to the service of God, and 
 the cure of souls, and ought not to be diverted from the 
 great duties of their functions; therefore, no minister of 
 the gospel, or priest of any denomination whatsoever, 
 shall at any time hereafter, under any pretence or descrip- 
 tion whatever, be eligible tn, or capable of holding, any 
 civil or military office or place within this state. 
 
 Sec. 5. The militia of this state shall, at all times 
 hereafter, be armed and disciplined, and in readiness for 
 service: but all such inhabitants of this state, of any re- 
 ligious denomination whatever, as from scruples of con- 
 science may be averse to bearing arms, shall be excused 
 therefrom, by paying to the state an equivalent in money; 
 and the legislature shall provide by law for the collection 
 of such equivalent, to be estimated according to the ex- 
 pense in time and money, of an ordinary able bodied mi- 
 litia man. 
 
 Sec. 6. The privilege of the writ of habeas corpus shall 
 nnt be suspended, unless when, in cases of rebellion or 
 invasion, the public safety may require its suspension. 
 
 Skc. 7. No person shall be held to answer for a capi-
 
 tW6 CONSTITUTIOM OF 
 
 tal, or other infamous crime, (except in cases of impeach' 
 merit, and in cases of the militia Avhen in actual service; 
 and the land and naval forces in time of war, or which 
 this state may keep, with the consent of congress, in 
 time of peace, and in cases of petit larceny, under the re 
 g-iUation of the legislature;) unless on presentment, or in- 
 dictment of a grand jury; and in eveiy trial on impeach- 
 ment or indictment, the party accused shall be allowed 
 counsel as in civil actions. No person shall be subject, 
 for the same offence, to be twice put in jeopardy of life 
 or limb; nor shall he 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. 
 
 Sec. 8. Every citizen may freely speak, write and 
 publish his sentiments, on all subjects, being responsible 
 for the abuse of that right; and no law shall be passed 
 to restrain or abridge the liberty of speech, or of the press. 
 In all prosecutions or indictment for libels, the truth 
 maybe given in evidence to the jury : and if it shall ap- 
 pear to the jury, that the matter charged as libellous is 
 true, and was published with good motives, and for ju.sti- 
 fiable ends, the party shall be acquitted; and the jury 
 shall have the right to determine the law and the fact. 
 
 Sec. 9. The assent of two thirds of the members elect- 
 ed to each branch of the legislature, shall be requisite to 
 every bill appropriating the public moneys or property, 
 for local or private purposes, or creating, continuing, al- 
 tering, oT renewing, any body politic or corporate. 
 
 Sec. 10. The proceeds of all lands belonging to this 
 state, e:ccept such parts thereof as maybe reserved or ap- 
 propriated to public use, or ceded to the United States, 
 which shall hereafter be sold or disposed of, together 
 with the fund denominated the common school fund, shall 
 be and remain a perpetual fund, the interest of which 
 shall be inviolably appropriated to the support of common 
 schools throughout this state. Rates ol tiill, not less thau 
 those agreed to by the canal commissioners, and set forth 
 in their report to the legislature of the twelfth of March,
 
 THE STATE OF NEW YORK, 287 
 
 one thousand eight hundred and twenty-one, shall be im- 
 posed on, and collected from, all parts of the navigable 
 communication between the great western and northern 
 lakes, and the Atlantic ocean, which now are, or hereafter 
 shall be, made and completed; and the said tolls, together 
 with the duties on the manufacture of all sah, as estab- 
 lished b}' the act of the fifteenth of April, one thousand 
 eight hundred and seventeen; and the duties on goods 
 sold at auction, excepting therefrom the sum of thirty- 
 three thousand five hundred dollars, otherwise appropria- 
 ted by the said act; and the amount of the revenue estab- 
 lished bytheact ofthe legislature of the thirtieth of ivlarch, 
 one thousand eight hundred and twenty, in lieu ofthe tax 
 upon steam boat passengers; shall be and remain invio- 
 lably appropriated and applied to the completion of such 
 navigable communications, and to the payment ofthe in- 
 terest, and reimbursement of the capital, of the money 
 borrowed, or which hereafter shall be borrowed, to make 
 and complete the same. And neither the rates of toll 
 on the said navigable communications, nor the duties on 
 the manuficture of salt aforesaid, nor the duties on goods 
 sold at auction, as established by the act of the fifteenth 
 of April, one thousand eight hundred and seventeen ; nor 
 the amount of the revenue, established by the act of March 
 the thirtieth, one thousand eight hundred and twenty, in 
 lieu of the tax upon steam boat passengers ; shall be re- 
 duced or diverted, at any time, before the full and com- 
 plete payment of the ]<rincipal and interest ofthe money 
 borrowed, or to be borrowed, as aforesaid. And the le- 
 gislature shall never sell or dispose of the salt springs 
 belonging to this state, nor the lands contiguous thereto, 
 which may be necessary or convenient for their use, nor 
 the said navigable communications or any part or section 
 thereof; but the same shall be and remain the property of 
 this state. 
 
 Sec. 11. No lottery shall hereafier be authorized in 
 this state; and the legislature shall pa.'ts lav^s to prevent 
 the sale of all lottery tickets, Avithin this state, except iu 
 lotteries already provided for by law. 
 
 Sac. 12. No purchase or contract for the sale of lands
 
 238 CONSTITUTION OF 
 
 in this state, made since the fourteenth day of October, 
 one thousand seven hundi'ed and seventy-five, or which 
 may hereafter be made, of or with the Indians in this 
 state, shall be valid, unless under the authority and con- 
 sent of the legislature. 
 
 Sec. 13. Such parts of the common law, and of the 
 sets of the legislature of the colony of New York, as 
 together did form the law of the said colony on the nine- 
 teenth day of April, one thousand seven hundred and sev- 
 enty- tive, and the resohnions of the congress of the said 
 colony, and of the convention of the State of New York, 
 in force on the twentieth day of April, one thousand sev- 
 en hundred and seventy-seven, Avhich have not since ex- 
 pired, or been repealed, or altered; and such acts of the 
 legislature of this state as are now in force, shall be and 
 continue the law of this state, subject to such alterations 
 »s the legislature shall make concerning the same. But 
 ail such parts of the common law, and such of the said 
 acts, or parts thereof, as are repugnant to this constitiUion, 
 are heredy abrogated. 
 
 Sec. 14. All grants of land within this state, made by 
 tlie kingof Great Britain, or persons acting under his au- 
 thority', after the fourteenth day of October, one thousand 
 seven hundred and seventy-five, shall be null and void; 
 but nothing contained in this constitution shall aflect any 
 grants of land within this state, made by the authority of 
 the said king or his predecessors, or shall annul any char- 
 ters to bodies politic and corporate, by him or them mado 
 before tliat day; or shall affect any such grants or char- 
 ters since made by this state, or by persons acting under 
 its authority; or shall impair the obligations of any debts 
 contracted by the state, or individuals, or bodies corporate, 
 or any other rights of property, or any suits, actions, 
 rights of action, or other proceedings, in courts of justice. 
 
 ARTICLE Vni. 
 
 Sec. 1. Any amendment or amendments to this consti- 
 tution, maybe proposed in the senate or assembly ; and if 
 the .>ame shall be agreed to by a majority of the members 
 elected to each of the two houses, such proposed amend-
 
 THE STATE OF NEV.' YORK. 25^' 
 
 ment or amendments shall be entered on the journals,with 
 the yeas and nays taken thereon, and referred to the le- 
 gislature next to be chosen, and shall be published for 
 three months previous to the time of making such choice ; 
 and, if in the legislature next chosen as aforesaid, such pro- 
 posed amendment or amendments shall be agreed to b}- 
 two thirds of all the members elected to each house, then 
 it shall be the duty of the legislature to submit such pro- 
 posed amendment or amendments to the people, in such 
 manner and at such time as the legislature shall prescribe ; 
 and if the people shall approve and ratify such amend- 
 metit or amendments, by a majority of the electors qualifi- 
 ed to vote for members of the legislature voting thereon, 
 such amendment or amendments shall become part of the 
 constitution. 
 
 ARTICLE IX. 
 Stc. ]. This constitution shall be in force from the last 
 day of December, in the year one thousand eight hundred 
 and twenty-two. But al! those parts of the same, which 
 relate to the right of suffrage ; the division of the state in- 
 to senate districts : the number of members of the assem- 
 bly to be elected, in pursuance of this con.stitution .; the 
 apportionment of members of assembly ; the elections here- 
 ])y directed to commence on the first Monday of Novem- 
 ber, in the the year one thousand eight hundred aud tv/en- 
 ty two ; the continuance of members of the present legis- 
 lature in office until the first day of January, in the year 
 one thousand eight hundred and twenty-three; and the 
 prohibition against authorizing lotteries ; the prohibition 
 against appropriating the public moneys or property for 
 local or private purposes, or creating, continuing, alter- 
 ing, or renewing any body politic or corporate, without 
 the assent of two thirds of the members elected to each 
 branch of the legislature, shall be in force and take effect 
 from the last day of Februaiy next. The members of the 
 present legislature shall, on the first Monday of March 
 next, take and subscribe an oath or affirmation to support 
 the constitution, so far as the same shall then be in force. 
 Sheriffs, clerks of counties, and coroners, shall be elected 
 at the election hereby directed to commence on the Arsj 
 
 U
 
 290 CONSTITUTION OF 
 
 Monday of November, in the year one thousand eight 
 hundred and twenty-two ; but they shall not enter on the 
 duties of their office before the first day of January then 
 next following. The commissions of all persons holding 
 civil offices on the last day of December, one thousand 
 eight hundred and twenty -two, shall expire on that day ; 
 but the officers then in commission, may respectively con- 
 tinue to hold their said offices, until new appointments or 
 elections shall take place under this constitution. 
 
 Sec. 2. The existing laws relative to the manner of no- 
 tifying, holding and conducting elections, making returns, 
 and canvassing votes, shall be in force, and observed in 
 respect to the elections hereby directed to commence on 
 the first Monday of November, in the year one thousand 
 eight hundred and twenty-two, so far as the same are ap- 
 plicable. And the present legislature shall pass such 
 other and further laws as may be requisite for the execu- 
 tion of the provisions of this constitution in respect to elec- 
 tions. 
 
 Done in convention, at the oapitol, in the city of Albany, 
 the tenth day of November, in the year one thousand 
 eight hundred and twenty-one, and of the independ- 
 ence of the United States of America, the forty sixth. 
 In witness thereof, we have hereunto subscribed our 
 names. 
 
 DANIEL D. TOMPKINS, President. 
 
 John V. Bacon, j Sccrctarus. 
 
 Samuel S. (-Gardiner, ) 
 
 [The foregoing constitution was ratified by the people 
 at an election held in the several towns and wards of this 
 state, on the fifteenth, sixteenth, and seventeenth days of 
 January, one thousand eight hundred ana twenty-two. 1
 
 THE STATE OF NEW YORK. 291 
 
 AMENDMENTS. 
 
 [The folloAving amendments to the constitution were 
 proposed by the legislature in 1825, were referred to the 
 legislature of 1S26, agreed to by two thirds of the mem 
 bers elected to each house of that legislature, submitted 
 to the people, and approved and ratified at an election 
 held on the Gth, 7lh and 8th days of November, 1826.] 
 
 FIRST AMENDMENT. 
 
 That the people of this state, in their several towns, 
 shall, attheir annual election, and in such manner as the 
 legislature shall direct, elect by ballot their justices of the 
 peace ; and the justices so elected in any tOAvn, shall im- 
 mediately thereafter meet together, and in presence of the 
 supervisor and town clerk of the said town, be divided 
 by lot into four classes, of one in each class, and be num- 
 bered, one, two, three and four; and the office of number 
 one shall expire at the end of the first j^ear, of number 
 two at the end of the second year, of number three at the 
 end of the third year, and of number four at the end of 
 the fourth year, in order that one justice may thereafter 
 be annually elected: and that so much of the seventh sec- 
 tion of the fourth article of the constitution of this state as 
 is inconsistent with this amendment, be abrogated. 
 
 SECOND AMENDMENT. 
 
 That so much of the first section of the second article 
 of the constitution as prescribes the qualifications of voters, 
 other than persons of color, be, and the same is, hereby 
 abolished, and that the following be substituted in the 
 place thereof: 
 
 Every male citizen of the age of twenty-one years, who 
 shall have been an inhabitant of this state one year next 
 preceding any election, and for the last six months a re- 
 sident of the county where he may oflTer his vote, shail 
 be entitled to vote in the town or ward where he actually 
 resides, and not elsewhere, for all officers that now are, 
 ©r hereafter may be, elective by the people.
 
 292 CONSTITUTION, &.C. 
 
 THIRD AMENDMENT. 
 
 [The following amendments, having been previously 
 proposed by the legislature, w^ere ratified by the people 
 at the annual election in November, 1833.] 
 
 That the duties on the manufacture of salt, as estab- 
 lished by the act of the fifteenth of April, one thousand 
 eight hundred and seventeen, and by the tenth section of 
 the seventh article of the constitution of this state, may at 
 any time hereafter be reduced by an act of the legislatnrr 
 of this state, but shall not, while the same is appropriated 
 and pledged by the said section, be reduced below the sum 
 of six cents upon each and every bushel, and the said 
 duties shall remain inviolably appropriated and applied 
 as is provided by the said tenth section ; and that so much 
 of the said tenth section of the seventh article of the con- 
 stitution of this state as is inconsistent with this amend- 
 ment, be abrogated. 
 
 FOURTH AMENDMENT. 
 
 At the end of the tenth section of the fourth article of 
 the said constitution, add the follov/ing words: "Except 
 in the city of New York, in which the mayor shall be cho- 
 sen annually by the electors thereof qualified to vote for 
 the other charter officers of the said oity, and at the time 
 of the election of such officers."
 
 LANDLORD AND TENANT. 293 
 
 RIGHTS OF LANDLORD AND TENANT. 
 
 Every contract for leasing; for a longer period than one 
 year, or for the sale of any lands, or any interest in lands, 
 is void, unless the contract, or some memorandum there- 
 nf, expressing the consideration, be in writing, and be 
 subscribed by the party by whom the lease or sale is to be 
 made, or by an agent lawfully authorized. 
 
 Leases for a term exceeding three years, in order to be 
 valid, must be recorded in the same manner as conveyan- 
 ces of real estate, except in the counties of Albany, Ulster, 
 Sullivan, Herkimer, Dutchess, Columbia, Delaware and 
 Schenectady. 
 
 Every conveyance of any estate or interest in lands, or 
 the rents and profits of lands, and every charge upon lands, 
 or upon the rents and profits thereof, made or created, with 
 intent to defraud prior or subsequent purchasers for a val- 
 uable consideration, shall be void, as against such pur- 
 chasers. 
 
 Whenever there is a tenancy at will or by sufferance 
 
 created, by the tenant's holding over his term, or other- 
 
 Avise, the same may be terminated by the landlord's giving 
 
 ne month's notice in writing to the tenant, requiring him 
 
 'i^ remove therefrom. 
 
 Such notice shall be served by delivering the same to 
 such tenant, or to some person of proper age residing on 
 f lie premises ; or if the tenant cannot be found, and there 
 be no such person residing on the premises, such notice 
 may be .served by affixing the same on a conspicuous part 
 nf the premises, where it may be conveniently read. 
 
 At the expiration of one month from the service of such 
 notice, the landlord may re-enter, or maintain ejectment, 
 ■ u- proceed in the manner prescribed by law, without any 
 I'urther or other notice to quit. 
 
 If a tenant shall give notice of his intention to quit the 
 premises, and shall not accordingly deliver up the posses- 
 sion thereof, at the time specified in the notice, such ten- 
 ant, his executors or administrators, shall thenceforward
 
 294 LANDLORD AND TENANT. 
 
 pay to the landlord, his heirs or assigns, double rent, 
 which shall be continued to be paid during the time the 
 tenant shall continue in possession. 
 
 If a tenant for life or years shall wilfully hold over any 
 lands or tenements after the termination of such terms, and 
 after demand made, and one month's notice duly given, 
 he shall be liable to pay to the person kept out of posses- 
 sion, or his representatives, at the rate of double the year- 
 ly value of the lands or tenements so detained, for the time 
 he shall so hold over; and he shall also pay all special 
 damages to which the person kept out of possession shall 
 be subjected by reason of such holding over. 
 
 When any certain services or ceitain rent reserved out 
 of any lands or tenements, shall not be paid when due, the 
 person entitled thereto, may distrain for the same. But 
 no distress may be made for any rent for which a judg- 
 ment has been recoA'ered in a personal action. 
 
 A landlord may secure rent due, when any goods or 
 chattels liable to distress tor rent are seized under execu- 
 tion, by giving notice, at any time before the sale of the 
 goods by virtue of the execution, either to the paity in 
 whose favor the execution shall be issued, or to the offi- 
 cer holding the same, of the amount claimed by the land- 
 lord to be due, and the time during which it accrued ; and 
 by accompanying such notice with his own affidavit, or 
 that of his agent, of the truth thereof 
 
 Upon receiving the notice and affidavit, the officer hol- 
 ding the execution, shall levy the amount of rent claimed 
 to be due, in addition to the sum directed to be raised on the 
 execution, and shall pay the same to the landlord ; but the 
 amount of rent to be levied shall not exceed one year's 
 rent. If there be a deficiency of goods and chattels to sat- 
 isfy both the execution and rent, the amount levied shall 
 be first applied to the satisfaction of the rent ; and the re- 
 mainder shall be applied upon the execution. 
 
 If a tenant against whom an execution is issued, shall 
 deny that rent is due to his landlord, as claimed, he may 
 prevent the levying thereof, by virtue of such execution, 
 by delivering to the officer holding it, a bond, with two 
 sufficient sureties, executed to the landlord, in a penalty
 
 LANDLORD AND TENANT. 295 
 
 of double the amount of rent claimed, with a condition 
 that ail rent due shall be paid, not exceeding one year's 
 rent ot the premises. 
 
 if a landlord, under the foregoing- provisions, clairrts 
 more rent than what is due to him, and if the excess be 
 collected, the tenant may sue for and recover of the land- 
 lord, double the amount of such excess. And in all cases 
 in which rent is pretended to be due, when none is due, 
 the owner of goods distrained may recover against the 
 person so claiming, double their value. 
 
 An officer making a distress for rent, must give notice 
 thereof, with the cause of the distress, the amount due, and 
 an inventory of the articles taken, by leaving the same 
 with the tenant, or in case of his absence, at the chief 
 mansion house, or at some other notorious place on the 
 [^remises. 
 
 At the expiration of rive days from the day on which 
 the notice was served, if the amount of rent due, with 
 costs of distress, be not paid, and the goods distrained be 
 not replevied, the officer shall summon two disinterested 
 householders, who, under oath administered by the officer, 
 shall appraise the goods and chattels distrained, and state 
 the same in writing. 
 
 Upon the appraisement being made, the officer shall 
 give live days' notice of sale, by affixing such notice on a 
 conspicuous part of the premises, and in two public place? 
 in the town; and on the day, and at the place, appointed, 
 he shall sell the goods at public aution at the best price 
 that can be obtained : and apply the proceeds to the satis- 
 faction of the costs and rent, and pay the surplus, if any, to 
 the owner of the goods. 
 
 If distress be made for rent justly due, any irregularity 
 or unlawful act afterwards done by the party distressing, 
 ^hall not render the distress unlawful ; but the party ag- 
 grieved may recover for the special damages sustained 
 b}' such irregularity or unlawful act, with costs of suit. 
 
 Every person entitled to any rents dependent upon the 
 life of any other, may, notwithstanding the death of such 
 other person, have the same remedy by action or by dis- 
 tress, for the recovery of all arrears of such rent, that
 
 29(3 LANDLORIJ AND TENANT. 
 
 shall be behind and unpaid at the death of such other 
 person, as he might have had if such other person was in 
 full life. 
 
 If a tenant for life, Avho shall have rented any lands to 
 another, die on or after the day when any rent became 
 due, his executors or administrators may recover from the 
 undertenant the whole rent due: if he die before the day 
 on which the rent is to become due, they may recover the 
 proportion of rent which accrued before his death. 
 
 When a tax on real estate shall have been collected of 
 an occupant orftenant, and the tax ought to have been 
 paid by the landlord or any other person, the occupant or 
 tenant may recover, by action, the amount of such tax, or 
 retain the same from any rent due or accruing from him 
 for the land so taxed. 
 
 Whenever a half year's rent or more shall be due, and 
 no sufficient distress can be found, the landlord may 
 bring an action of ejectment for the recovery of the premi- 
 ses: But the tenant may, at any time before judgment, 
 .slay proceedings, by tender of all the rent, and all co.sts 
 and charges incurred by the lessor. 
 
 At any time within six months after a landlord shall 
 have taken possession of the premises recovered in action 
 of ejectment, the premises shall be restored to the tenant 
 Mr lessee, on payment or tender to the landlord or lessor, 
 of all rent in arrear, and all costs and charges incurred by 
 the lessor. 
 
 If a tenant in arrear for rent shall desert the premises, 
 without leaving thereon any goods subject to distress, any 
 justice of the peace of the county may, at the request of 
 the landlord, view the premises, and on being satisfied 
 that the premises have been deserted, he shall affix a no- 
 tice upon a conspicuous part of the premises, requiring: 
 the tenant to appear and pay the rent due, at the time spe- 
 cified in the notice, not less than five, nor more than twen- 
 ty days, after the date thereof 
 
 At the time specified, the justice shall again view thf 
 premises; and if tlie tenant appear and deny that rent is 
 due to the landlord, all proceedings shall cease. If the 
 tenant, or some one for him, shall not appear, and pay the
 
 LANDLORD AND TENANT. 297 
 
 rent, and there shall not be sufficient distress on the prem- 
 ises ; then the jusuce may put the landlord into posses- 
 sion of the same. 
 
 The goods and chattels of a tenant may be distrained 
 after they shall have been removed from the premises, 
 whether the removal be made before or after the rent shall 
 become due. If the rent be due at the time of the remo- 
 val, or shall become due within thirty days thereafter, the 
 tiQcds may be seized within the said thirty days after such 
 removal. If no rent be due or become due within that 
 time, then the seizure may be made at any time within 
 fhirty days after the rent shall become due ; provided 
 such seizure be made within six months after the removal 
 (if the goods : but no goods shall be liable to be seized 
 which shall have been previously sold, in good faith, and 
 tor a valuble consideration, to a person not privy to such 
 fraudulent removal. 
 
 Any tenant or lessee who shall remove his goods from 
 an}' demised premises, either before or after any rent 
 shall become due, for the purpose of avoiding the payment 
 of such rent; and every person who shall knowingly as- 
 j^ist such tenant or lessee in such removal, or in conceal- 
 ing any goods so removed ; shall forfeit co the landlord of 
 the demised premises, his heirs or assigns, double the val- 
 ue of the goods so removed or concealed. 
 
 Personal property deposited with a tenant, with the con- 
 sent of the landlord, or hired by such tenant, or lent to hiiii, 
 with the like consent, shall not be distrained for any rent 
 ihu; to such landlord. And property belonging to any 
 other person than the tenant, which shall have accidental- 
 ly strayed on the demised premises, or which sha'l be de- 
 jiosited with a tavern keeper,or withthe keeperof any ware 
 house, in the usual course of their business, or deposited 
 with a m.echanic or other person, forthe purpose ofijeing 
 repaired or being manufactured, shall not be subject to 
 di.stress or sale for rent; but the officer making the dis- 
 tress, shall not be liable for seizing or selling property not 
 belonging to the tenant, unless previous notice shall have 
 been given him of the claim of a third person. 
 
 Distress for rent shall be made by the sheriff of the
 
 298 LANDLORD AND TENANT. 
 
 county, or one of his deputies, or by a constable or mar- 
 shal of the city or town where the goods are, who shall 
 conduct the proceedings throughout. 
 
 No distress shall be driven out of the town where it 
 shall be talcen, except to a pound within the same county, 
 not above three miles distant from the place where such 
 distress shall have been taken. All beasts, or goods dr 
 chattels taken as a distress at one time, shall be kept, as 
 near as may be, in the same place. 
 
 An officer may not make distress for rent, unless tlie 
 warrant of distress be accompanied by an affidavit of the 
 landlord, or his agent, specifying the amount of rent due, 
 and the time for which it accrued. 
 
 Within ten days after the sale of goods for rent, or after 
 they shall have been replevied, the officer is required tn 
 file the original vv-arrant of distress, with the original affi- 
 davit of the landlord, in the office of the town clerk. In 
 the city and county of New York, in the city and county 
 of Albany, in the cities of Troy, Hudson and Schenec- 
 tady, such warrant and affidavit shall be filed in the offict- 
 of the clerk of the county. Any officer violating this pro- 
 vision, shall forfeit fifty dollars to the person whose prop- 
 erty shall have been distrained. 
 
 All distresses for rent shall be reasonable: and whoso- 
 ever shall take an unreasonable distress, shall be liable to 
 an action on the case, at the suit of the party aggrieved, 
 lor the damages sustained thereby.
 
 PRACTICAL OBSERVATIONS. 299 
 
 PRACT[CAL OBSERVATIONS. 
 
 It has been asserted by the advocates of monarchy, that man 
 is not capable of self-government. Because all former experi- 
 ments at free government have proved unsuccessful, it is predict- 
 ed that the free institutions of this country will be of siiort dura- 
 tion. And, from the failibiiity of man, and the presumed iui- 
 perfection of all humun o-overnments, not a few of the iriends 
 of liberty even, have indulged apprehensions of the inevitable 
 dissolution of our political system. 
 
 But ic should be remembered, that our government differs es- 
 sentially, both in its origin and principles, from any that has 
 preceded it. Whereas others have been the result of mere 
 chance, or of unavoidable necessity, ours is the contrivance of 
 an assembly of men, not surpassed, probably, in point of wis- 
 dom and exalted i)airiotism, by any political body ever assembled. 
 These men, aided by tlie light of their own experience, and the 
 history of other governments, deliberately planned a system of 
 government, under wliich those comparatively feeble states have, 
 in less than half a century, become a most powerful and increas- 
 ingly prosperous nation — a system which commands the ad- 
 miration ofthe friends of freedom throughout the world. 
 
 The principles upon which our government is founded, are the 
 immutable principles of justice and truth. It was the grand 
 sentiment of those who lirst declared the colonies to be free an<l 
 independent states, that all just ])ower in any govermnent is de- 
 rived from the governed: and this sentiment has been recogniz- 
 ed, in a remarkable degree, in the form of government which 
 was subsequently adopted. The constitution distinctlv ackowl- 
 edges the people to be the source of political power, and invests 
 them with the exclusive right of exercising it. 
 
 A distinguishing characteristic of our constitution is, the ex- 
 treme care with which it guards the rigiits ofthe people ao'ainst 
 mfringement bv official power. The ruler is the .servant, not 
 the master, of the people. lie is made accountable to them 
 for his acts, and holds his power at tht^"m-will and pleasure. 
 
 Another excellence of our system consists in the division and 
 distribution ofthe civil power among the several branches of the 
 government, legislative, executive and judicial ; and in the ef- 
 fectual guards provided by the constitution, to protect each 
 branch, in the e.\ercise of its functions, against encroachment 
 by the others.
 
 300 PRACTICAL OBSERVATIONS. 
 
 Civil and religious liberty is guarantied by our constitution, 
 in the fullest extent. The right of personal liberty, the right 
 of personal security, and the riglit to acquire and enjuy property, 
 could not have been more effectually secured. The constitution 
 breathes throughout the spirit of liberty. Civil and religious 
 freedom are eflectually secured, both by the national and state 
 constitutions. 
 
 Equality is a prominent feature of our government. Equal 
 rights and privileges, so far at least as the constitution is capa- 
 ble of conferring them, are enjoyed in this country. No distinc- 
 tions are created by birth or property. The rich and poor, as it 
 regards political power, are placed on the same level. 
 
 But the excellence of our system of government affords, of 
 iti-elf, no effectual security for its permanence. No human in- 
 stitution, whatever may be its qualities, contains, within itself, 
 the principle of SL'lf-preservation. It would be unwise, therefore, 
 to trust to tiie intrinsic excellence of our institutions. It is the 
 duty of every citizen to watch the approaches of danger, and to 
 applv the means necessary' to the preservation of our liberties. 
 
 Ainono' the dauirei'- ^'> which our government is exposed, are 
 tiie indifference and apailiy of the people. It is a common max- 
 im among the people of this country, that " the price of liberty 
 is eternal vigilance ;" and the acknowledged truth of this uiuxim, 
 as well as the veneral;Ie source fi'om which it originated, com- 
 mends it to universal observance. Open assaul!.s upon our fr(.'e 
 institutions can never be successful; and tiicy are not to be ex- 
 pected. If our political fabric ever falls, it vull not be by the 
 i)ands of the avowed enemies of liberty ; but by the insidious at- 
 tacks of its protended friends, whose real motives will be conceal- 
 ed under professions of regard for the public good. 
 
 Power, wherever it is exercised, is ever liable to abuse. To 
 the people is reserved the right to apply the corrective. But if 
 there be :io disposition to apply it, the remedy is of no avail. 
 Political power is given to the people to be used ; and he who 
 neglects to do so, violates an important trust. Bad laws in a 
 free government cannot long exist, but by the consent of the 
 people themselves. Bad men are ever ready to exercise their 
 ricfhts, while many of our best citizens slight their privileges. 
 But he who has a proper sense of his duty, will on every occa- 
 sion cast his power and iiiiluence into the scale of the govern- 
 ment; and that citizen who refuses to perform his duty in this 
 respect, does, tacitly at least, consent to the disorders that 
 prevail in the body politic. 
 
 Human nature is the same in all countries and in all ages. — 
 Ambition and the love of power reign predominant in the human
 
 PRACTICAL OBSERVATIONS. 301 
 
 breast ; and there are not wanting those in our country, who, 
 though among the loudest in their protestations of attachment to 
 repubhcaii principles, would march over the liberties of the peo- 
 ple, to secure tlie power and honors of roj^alty. 
 
 Auothersource of danger is the spirit of party. The opinion is 
 often expressed, tliat parties hold a salutary check U))on each 
 oilier, and that their existence gives security to our political in- 
 stitutions. But it must be evident to all who have observed 
 the effects of party spirit among us, that the evils flowing from 
 it overbalance all the good which it can produce. Where free- 
 dom of opinion and of speech is tolerated, parties must necesa- 
 rily exist to souio extent ; but their existence should be founded 
 upon diiierence of opinion merely. 
 
 But partv spirit, when unrestrained, becomes intemppr.Tie 
 and revengeful; and it is then that its pernicious effects are 
 seen. Parlies, while contending for power, forget right, and 
 lose sight of the public good. The rights of the minority nr^- 
 disreofarded. Men, for difTerenco of opinion, are made the 
 subjects of proscription and persecution. In this state of thing.s 
 the strife is for men, without regard to principle; and candidate.-: 
 for public favor, who can hold out the moal powerful inducement.s 
 to their supporters, are most certain of success. And om* period- 
 ical elections, instead of enabling the people to correct abuses, 
 will prove a fruiifu! source of difficulty and contention. 
 
 The following paragraphs, fVom the pen of the revered Wash- 
 ington, are given in confirmation of the above remarks : 
 
 "Party spirit, unfoitunately, is mseparable from our nature, 
 having its root in the strongest; passions of the human mind. It 
 exists under diffbrent sliapes in all governments, more or less sti- 
 fled, controlled, or repressed ; but in those of the popular form, it 
 is seen in its greatest rankness, and is truly their worst enemy. 
 
 "The alternate domination of one fiction over anotiier, sharp- 
 ened bv the spirit of revenge natural to party dissension, v/hicii 
 in different ai)es and countries has perpetrated the most horrid 
 enormities, is itself a frightful despotism. But this leads at length 
 to a more formal and permanent des|)otism. The disorders and 
 miseries which result, gradually incline the minds of men to seek 
 security and repose in the absolute power of an individual ; and, 
 sooner or later, the chief of some prevailing faction, more able 
 or more fortunate than his competitors, turns this disposition to 
 the purposes of his own elevation on the ruins of public liberty. 
 
 " Without looking forward to an extremity of this kuid, 
 (which nevertheless ought not to be entirely out of sight,) the 
 fsommon and continual mischiefs of the spirit of party, are suffi- 
 cient to make it the interest and duty of a wise people to discour- 
 age and restrain it."
 
 302 PRACTICAL OBSERVATIONS. 
 
 Let it not be supposed that there exists no cause for present 
 apprehensions of danger to our free institutions. A spirit of in- 
 subordination to the constituted authorities and laws of the land; 
 already prevails to no inconsiderable extent. Of the effects of 
 this spirit, our country has witnessed some deplorable exhibi- 
 lions. Tiie right of trial by jury has been infringed. Punish- 
 ment for alleged crimes has been inflicted, without, having been 
 preceded by even the forms of a legal trial. The right of the peo- 
 ple to be secure in their persons, houses, ])apers and etfects, has 
 been violated. The right of persons freely to speak, write and 
 publish their sentiments on all subjects, has been assailed; not, 
 as yet, by the enac ment of any law to restrain or abridge the 
 liberty of speech and of the press; but under such an implied 
 sanction of public sentiment, as to authorize the presumption, 
 that such a law would meet the hearty approval of a large por- 
 tion of community. 
 
 The inditFerence with which these infractions of the laws of 
 the land are regarded, evinces a disordered state of the public 
 mind, which is ominous to the liberties of this country. When 
 outrage and crime are permitted to go unpunished, there can be 
 no security to life or property. And wh.enever there shall cease 
 to be virtue in the people sufficient to vindicate the laws, and 
 maintain their supremacy, liberty will not long survive. 
 
 The most effectual security against these and other dangers to 
 which the government is liable, is an enlightened and virtuous 
 jiiiblic sentiment. This is, perhaps, the only enduring support to 
 a free oovernment. To enlighten the public mind has ever been 
 considered the surest means of perpetuating the blessings of civil 
 V"] religious freedom. Ig.'iorance and liberty cannot long sub- 
 sist together; fur when iv.en do not understand the rights which 
 tiie government confers, they are incapable of maintaining these 
 rights, or of detecting the artifices of crafty and designing dema- 
 •mgues, who seek to attain their sinister objects by misleading 
 and deceiving the ignorant. 
 
 Educatiox is the hope of this republic — the grand means by 
 which the people of tiiesc United States are to transmit the bles- 
 sings of liberty to their descendants. It gives strength and sta- 
 bility to the government, by increasing the moral and intellectual 
 power of the nation ; and as it forms the basis of national as well 
 us social happiness, the genera! diffusion of its benefits is an ob- 
 ject that demands the regard of every citizen. 
 
 It should be one of the first objects in the education of our youth, 
 to cause them to fix a proper estimate upon the value of free in- 
 stitutions. They must be early made to know that their individ- 
 ual happiness, no less than the happiness and prosperity of the
 
 PRACTICAi, OBSERVATIONS. 303 
 
 Tiation. depends upon the preservation of these institutions. Un- 
 less this be dune, it is not to be expected that the welfare of 
 their country will be to them an object of deep solicitude. Those 
 who have never learned to appreciate tlie privileges enjoved un- 
 der a free government, cannot be presumed to feel it their duty 
 to submit to any great sacrifices to preserve Ihem. 
 
 It is highly imjiortant that this principle be inculcated in early 
 ly life. The great mass of our young men have grown up and 
 cone to years of maturity, without having had their attention cal- 
 led to this subject. They commence their political existence 
 without a proper sense of the value of the government in which 
 they are to take a part, and without a sufficient knowledge 
 (if its principles, to enable Ihem to discharge intelligentlv the du- 
 ties of freemen. Tiiey exerci.sc their political privileges, merely 
 because they are privileges — often v/ithout any definite object 
 in view, unless it be to promote the schemes of a certain p aity or 
 individual to whose fortunes they may have become attached. 
 
 Patriotism, too, is a principle tliat should be seduously inculca- 
 ted, and universally clierished. G(Miuine patriotism is that ar- 
 dent love of country wh.ich will induce the citizen to make ul! 
 needful sacrifices to promote its welfire. And what is better 
 calculated to inspire this sentiment, than a fn qiicnt recurrence to 
 the vicissitudes tbat mark the history of our country 1 The hard- 
 ships and dangers that attended its settlement ; tiie pojifica! char- 
 acter of the colonies; the oppressions of a tyrannical govern- 
 inent ; the spirit and firmness with which these oppressions were 
 resisted, and which cluiracterizcd those who achieved our inde- 
 pendence ; and the wisdom which planned that system of govern- 
 ment under whicii it is our peculiar privilege to live ; are subjects, 
 the contemplation of wliich will inspire the mind of theyoutii with 
 n disinterested zeal for his country, that wi!! govern his coiidu<:t 
 in after life. Acting under its sacred impulse, the welfare of l)is 
 country, and the perpetuity of its institutions, will be thoolijects 
 of his highest ambition. And if the gift of office should, per- 
 chance, be bestowed according to merit, and he should be promo- 
 ted to a seat in the public councds, he would legislate, no^ for 
 the benefit of any individual or party, but for the benefit of the 
 community. 
 
 Education must be united with religious principle. It is not 
 enough that the citizen understands his duties. Koovvledge. un- 
 less it be properly applied, answers no valuable purpose; if im- 
 properly used, it may be productive of great evil. Where the 
 love of virtue does not govern the conduct of men, violations of 
 the laws will be frequent, and the rights of individuals are unsafe^ 
 In a corrupted state of the public morals, bad men are rnos
 
 ?504 PRACTICAL OBSLRVATIOXS. 
 
 likely to obtain the public offices ; unjust laws will be OJiacted ; 
 and civil and religious liberty endangered, if not totally dcsLrov- 
 ed. 
 
 On this subject, also, we may profit by the admonitions of the 
 patriot whose name we have bot\)rc mentioned: 
 
 " Of all the dispositions and habits which lead to political pros- 
 [lerity, religion and morality are indispensable supports. In vain 
 would that man claim the tribute of patriotism, who should labor 
 to subvert these great, pillars of human happiness, these firmest 
 props of the duties of men and citizens. The mere politician, 
 eqiKjiiy vvith the pious man, ought to respect and cherish tham. 
 A voluni:) could not trace all their connexions with private and 
 public felicity. Lee it simply be asked, wliere is the security fir 
 property, for reputation, for life, if tlie sense of religions obliga- 
 tion desert the oaths which are the instruments of investigation 
 in courts of justice? And let us w^th caution indulge the sup- 
 posititn, that morality can be maiiitained witfiout religion. — 
 Whatever may be conceded to the influence of refined education 
 on minds of peculiar structure, reason and experience both forbid 
 lis to expect, that national morality can prevail in exclusion ol'ro- 
 ligious principle. 
 
 "It is substantially true, that, virtue or morality is a nocossn; 
 spring of popular government. The rale, indeed, extends wi;;i 
 more or less force to every species of free government. Wiio 
 that is a sincere friend to it, can look with indifijrenco upon at- 
 tempts '.o shake the foundation of the fabric ? 
 
 "Promote, tiien, as an object of primary importance, instil u- 
 tious for the general diffusion of knowledge. In proportion ■: 
 the structure of a government gives force to public opinion, it -• 
 essential that public opinion should be enl'glitened." 
 
 Let every citizen be governed by these sentiments. Let ed- 
 ucation be properly encouraged, ^aud its benefits be extended to 
 ail. Let our youth be instructed in tiieir duties as members of 
 society, and as citizens of a free government; and let them be 
 taught to appreciate the blessings enjoyed under onr invaluable 
 constitution. Let every citizen feel himself individually respon- 
 sible for his mora! and political influence, and act with reference 
 to tiio general good ; and our republican institutions are safe. 
 "Let America be good, and America will be happy ;" and, what- 
 ever has been the fate of former republics, she will stand an 
 enduring witnes? to the truth, that man cas be governed amu 
 
 YET BK FUEE. 
 
 <r/3 
 
 c « .t
 
 J
 
 3 1205 00864 8618