FROM "HIK LIUKARV OV X California, DR. FRANCIS LIEBER, Professor of History and Law in Columbia College, New York. THl; (JU'T OK ' MICHAEL REESE 0/ San Francisco. IB 7 3. Sxwxtx^ ICijebjCT^ f AN ELEMENTARY TREATISE STEUCTUEE AND OPEEATIONS NATIONAL AND STATE GOVERNMENTS UNITED STATES. DKSIONBD FOK THE USE OF SCHOOLS AND AOA.DEMIIS AND FOB aSIflBBAI, READSRB. CHARLES MASON, A. M., Bt Oo-vemment. [infrjuning our Institutions,] we understood the concentra- tion of the power of the whole community to protect the rights of each and all its members. CHANNim*. BOSTON: DAVID H. WILLIAMS. 1842. ^t Entered, according to Act of Congress, in the year 1842, by Charles Mason, in the Clerk's Office of the District Court of the District of Massachusetts. BOSTON. PBINTSD Br S. AT. DICKINSON, WASHINGTON STBEST. PREFACE. The design of this work is, to exhibit a summary account of the forms, and modes of administration, of our National and State Governments. Avoiding all general disquisition, it aims to give a concise, yet clear and exact statement of the actual construction of our political and civil institutions, in all their various branches, and of the processes and means by which they are, in fact, con- ducted and sustained. Its essential object is, to furnish information upon matters relating to government and civil polity, with which every person, considered as a citizen, living under a free government, ought to have, at least, some general acquaintance. It is intended to present, within a reasonable compass, the means of acquiring a knowledge of these subjects, adequate for common purposes. Of this species of information, the community in general, it is sup- posed, are but imperfectly possessed ; — and that because compara- tively few have, at once, access to the sources from which it may be obtained, and leisure to search it out. As a school book, the work is intended to be used as a text-book by students in academies, and by the highest classes in common schools. For this purpose it may be thought by some, that Ques- tions should have been appended to the work. They have been omitted, however, from the belief that the use of them, at least by more advanced scholars, is productive of more harm than benefit. Their tendency is to lead the student to seek for the answers to particular questions, to the neglect, too often, of the general drift IV PREFACE. and meaning of the author. The aim in studying a book should be, not to accumulate individual, disconnected facts, but to obtain an accurate understanding and knowledge of the subjects of which it treats. And, it is submitted, the only way in which this latter purpose can be effectually accomplished, is, by a thorough and care- ful reading and study of the whole text, connectedly. As a book for general readers, it is hoped this work may be found instructive and interesting to those who have a desire to look into the structure and practical workings of our institutions. Some knowledge of this kind, more than is easily and generally accessi- ble, is believed to be necessary to enable people to read, with satis- faction and advantage, the accounts furnished by the newspapers, relative to the proceedings of the government in its different de- partments, and to discuss understandingly the policy of its meas- ures. It has been the design to render the work as full and com- plete as the limits would permit, for purposes of consultation and reference, upon the topics discussed. The Statistical Tables imbody, within a small compass, a large amount of matter, which, it is thought, may interest some; and they may frequently be convenient to refer to for facts and infor- mation. The Index is sufficiently copious to enable persons to find, easily and expeditiously, anything that may be desired, which is contained in the book. C. M. November, 1842. :.«^m££^ CONTENTS Pkeface, 3 CHAPTER I. The different kinds of Government, • ... 11 CHAPTER 11. The Nature of Popular Governments, 13 CHAPTER III. The American Colonial Governments, . . . . 15 CHAPTER IV. The Continental Congress and the Confederation, . , 18 CHAPTER V. The Constitution o^the United States, .... 21 CHAPTER VI. The National and State Governments, . ... 24 CHAPTER VII. The Legislative Department, 27 CHAPTER VIII. Proceedings in Committees, 30 VI CONTENTS. CHAPTER IX. Order of Business and Debate, 33 CHAPTER X. The Enactment of Laws, 36 CHAPTER XL The Executive Department, . . . . . . 41 CHAPTER Xn. The Judicial Department, 44 CHAPTER Xm. The Organization of Courts, 47 CHAPTER XIV. The Constitution of Juries, 51 CHAPTER XV. Proceedings in Civil Actions, 54 CHAPTER XVL Trial of Civil Actions, 58 CHAPTER XVIL Proceedings in Criminal Cases, 62 CHAPTER XVIIL Indictment and Arraignment of Criminals, . . . .66 CHAPTER XIX. The Trial in Criminal Cases, 70 CHAPTER XX. Impeachments, 74 CONTENTS. yil CHAPTER XXI. Congress, . . 76 CHAPTER XXII. Meetings and Privileges of Congress, 80 CHAPTER XXIII. Rules and Proceedings of Congress, 84 CHAPTER XXIV. Powers of Congress, 89 CHAPTER XXV. The National Judiciary, 94 CHAPTER XXVI. Courts of the United States, 97 CHAPTER XXVII. Choice of President and Vice President, .... 101 CHAPTER XXVIII. Powers and Duties of the President, .... 107 CHAPTER XXIX. The Executive Departments, 110 CHAPTER XXX. The Department of State, 112 CHAPTER XXXI. The Treasury Department, 115 CHAPTER XXXII. TheDepartmentsof Warandofthe Navy, . . . 120 Vm CONTENTS. CHAPTER XXXIII. The Army of the United States, 124 CHAPTER XXXIV. The Navy and Marines, 128 CHAPTER XXXV. The Post Office Department, 132 CHAPTER XXXVI. Postmasters, 136 CHAPTER XXXVII. Rates of Postage and Franking, 140 CHAPTER XXXVIII. Patents and Copyrights, 144 CHAPTER XXXIX. New States and Territories, 149 CHAPTER XL. The General and Subordinate Land Offices, . . . 154 CHAPTER XLL The Public Lands, . 157 CHAPTER XLII. Foreign Ministers and Consuls, 160 CHAPTER XLIII. International Relations, 163 CHAPTER XLIV. Aliens and Naturalization, 166 CONTENTS. 1^ CHAPTER XLV. The Slave Trade, 169 CHAPTER XLVI. ^ Slavery in the United States, 172 CHAPTER XLVn. Bankruptcy, 175 CHAPTER XLVm. Navigation, 179 CHAPTER XLIX. The Shipment and Landing of Goods, .... 193 CHAPTER L. Officers of the Revenue, 188 CHAPTER LI. Revenue of the United States, 191 CHAPTER LH. The Mint and Money, 197 CHAPTER LHL Corporations, 200 4 STATISTICAL TABLES. L State Constitutions, and Electors, . . . 205 IL Legislatures of States and Territories, . . . 206 in. Elections, and Legislative Sessions, . . . 207 X CONTENTS. IV, Governors of States and Territories, ... 208 v. Judges of the Highest Courts, .... 209 VI. Apportionment of Representatives, . . . .210 VII. Ratios, and Fractions, 211 VIII. Sessions of Congress, 212 IX. Salaries of Executive Officers, .... 214 X. Army of the United States, 216 XL Officers of the Navy, and Marines, . . . 217 XII. Circuit and District Courts, 2l8 XIII. Post Office Establishment, 219 XIV. Revenue of the United States, ..... 220 XV. Expenditures of the United States, ... 222 XVI. Coinage at the Mint and its Branches, . . . 224 Indbx, . 225 A TREATISE ON THE NATIONAL AND STATE GOVERNMENTS. CHAPTER I. THE DIFFERENT KINDS OF GOVERNMENT. 1. Mankind living together in families and commu- nities, maintaining intercourse with each other, and re- cognizing certain reciprocal rights and obligations, con- stitute civil society. It is as a member of society that man is constantly the subject of our observation ; and for that station he was evidently designed. To pre- serve the peace and order of the social state, there has always been found necessary some superintending and controlUng power ; which is known by the general name o^ government. This power exists under various modi- fications, the particular form and character of the gov- ernment being determined, in each case, by the genius, habits, and pursuits of the people among whom it is es- tablished, the progress they have made in knowledge and refinement, and a diversity of other circumstances. 2. There are three which may be denominated the simple and eleme^itary forms of government ; the mo- narchical, the aristocratic, and the democratic. It is not to be supposed, however, that either of these forms is commonly found existing by itself, entirely distinct from the others. Wherever one or another of the names is applied, it indicates the prevailing feature of the govern- ment, rather than describes accurately its whole consti- tution. Most governments are of a mixed nature, being a combination of certain powers and properties, of some two, or of all the three primary modes, and varying in their character according to the different proportions in which these elements enter into their composition, 12 DIFFERENT KINDS OF GOVERNMENT. 3. Monarchy is that species of government which is lodged in the hands of a single individual. The office of the sovereign is usually hereditary, descending in the same family ; rarely, it is elective, that is, the sovereign is chosen. When the monarch virtually wields the whole power of the state, subject to no established re- strictions, but his sole and arbitraiy will is law, which is upheld by fear, by force, and by habit, the govern- ment is an absolute monarchy, or despotism. * When, as is commonly the case, the will of the sovereign is con- trolled, and his power restrained, by express provisions, or by customs to which length of time has given a sanc- tion and binding force, the government is called a lim- ited monarchy. 4. Aristocracy, which, though with us commonly used in an odious sense, denotes, properly, the sway of the most distinguished; or oligarchy, which is essentially the same thing, importing the rule of the few, is that form of government in which the sovereign power resides in a select council. This has made but little figure in the world, as the distinctive and predominant element in government. But, in a greater or less degree, it enters as a constituent into most governments, as is witnessed, for example, in the European monarchies, where an hereditary nobility exist as a privileged class, and ex- ercise great authority in the administration of govern- ment. 5. Democracy is government conducted by the peo- ple themselves, in their collective capacity. In its pure and simple form, this has never prevailed, to any con- siderable extent, being adapted only to small commu- nities, where the people can assemble in person, to dis- cuss, settle, and execute measures of common concern. Republicanism, is a modification of democracy, which is suited to communities however extensive. In this form, the government, instead of being exercised directly by the people, in their primary assemblies, is delegated by them, for a fimited term, to particular individuals, of their own selection, who administer it as their account- able agents and representatives. NATURE OF POPULAR GOVERNMENTS. 13 CHAPTER II. THE NATURE OF POPULAR GOVERNMENTS. 1. In free countries, such as our ov^m, government is said to be instituted by the people themselves, for their own convenience and protection. The notion, however, that in any large community, government is the creature of the whole people, or that it has, in any proper sense, received the assent of all, is entirely fan- ciful. The truth is, that even in the most favorable cases, but a comparatively small portion of the people have actually any share in directing the affairs of state ; and of that portion, a bare majority may usually prescribe the form and policy of the government, under which all are to live, and to wliich all are held equally bound to render obedience. 2. Persons speak of universal mffrage, as if such a thing, with us, really existed. But the fact is far other • wise. More than tln-ee fourths of the entire population are excluded, by reason of their sex, age, or other de- clared disqualifications, from all participation in the right of voting. Most of the persons thus excluded may be incompetent to exercise the right in question ; but it would be impossible to maintain that there are absolutely none among them, who are capable of a ju- dicious use of that r^ght. The exclusion is somewhat arbitrary; indeed, no more is pretended than that it proceeds upon a general presumption of unfitness, which is adopted for the sake of convenience. 3. And if, even where a community undertake, originally, to establish a system of government for themselves, but a small fraction of the people are either invited or permitted to take any share in the matter, the case is no better, certainly, in respect to succeed- ing generations. On their part, there is no assent to a government which they find already established other 2 M NATURE OF POTULAR GOVERNMENTS. than is to be implied from their consenting to live un- der it, and participate in its administration and its benefits. They are placed, without their own choice or instrumentality, in a position in which, unless they "will rise in rebellion against the existing government, or flee from it, they have no alternative but to conform to its requisitions. 4. The social compact that is sometimes spoken of, as formed and subsisting between the whole communi- ty on the one side, and each individual member of it on the other, has no real existence, but is purely a fic- tion. It is not true, that each individual enters volun- tarily into society; and freely contracts to observe all its rules. One finds himself already in society, and in such a situation that he can scarcely do otherwise than choose to comply with its terms. The actual state of the case is, that men perceive the advantage and ne- cessity of maintaining a government, and by common consent and habit, they allow it to exercise the power it possesses, while they look to it for protection, in re- turn. And tliis tacit, general understanding works well enough, for most practical purposes. 5. The power that is wielded by comparatively a few, in the establishment and administration of govern- ment, may doubtless be abused. But it is to be con- sidered, that those who thus take it upon themselves to act for the whole, are not a detached portion of man- kind, possessed of separate interests, and actuated by motives hostile to the rest of their race. They are bound to those others by the strongest ties of afiec- tion and interest, and have every inducement to con- sult for their w^elfare. And since it is not possible to contrive any method, whereby each individual may exercise, for him-self, the precise amount of power and influence to which he is fairly entitled, but in some way, a part must be the active agents of the commu- nity, perhaps the system we have adopted is, in prac- tice, as good as any that could be devised. 6. It is the design of a free government to protect the rights of the individuals who live .under it. Its AMERICAN COLONIAL GOVERNMENTS. 15 object is essentially defensive. It seeks not, of set purpose, to abridge and restrain men's natural liberty ; its aim is to secure to ail, as completely as possible, the undisturbed enjoymisnt of that liberty. In general, it intermeddles not with those who are in the peaceable and harmless exercise of their own honest vocations ; but when an individual undertakes to invade the rights of others, it interposes to prevent collision, or redress the wrong. There are, however, certain rights, belong- ing to a state of nature, which are incompatible with the existence of civil society, and the exercise of u^hich is accordingly prohibited, or laid under the necessary restrictions. 7. Government, it has been said, is the agent by which the inexpedient portion of individual liberty is taken away. But the loss of this is more than com- pensated by the additional security, which, by the same limitation of the freedom of others, is afforded to the more valuable portion that remains. T\^iile gov- ernment detracts, somewhat, from every man's natural, personal liberty, which consists in acting as one thinks fit, unrestricted except by the law of nature, it seeks to protect and maintain civil liberty, which has been de- fined to be that of a member of society, and no other than natural liberty, restrained by human laws, so far only as is necessary and expedient for the general ad- vantage of the public. CHAPTER III. THE AMERICAN COLONIAL GOVERNMENTS. 1. The thirteen states which originally constituted this Union, were, while colonies of Great Britain, gov- erned in such manner as was prescribed for them, res- pectively, by the mother country. For the most part, the different colonies were, politically, distinct and 16 AMERICAN COLONIAL GOVERNMENTS. independent of each other. There was no permanent or authorized confederacy between them, though some- times several of them associated themselves together for purposes of common defence. Neither had they any political connection with foreign nations. In their general features, the colonial governments were essen- tially alike ; but there was some diversity in their structure. They were properly of three kinds ; provin- cial, proprietary, and charter governments. 2. The provincial governments were under the im- mediate authority of the crovm, or sovereign. Their organization depended on commissions issued by the crown, with accompanying instructions. The crown appointed a governor, who held the executive poAver, and a council of state, whose duty it was to assist the governor, and who also formed one branch of the legis- lature. There was usually a house of representatives, convened by the governor, under authority of his com- mission, or under special instructions from the crown, and chosen by the people of the respective colonies. The governor, council, and house of representatives constituted a general assembly, in wliich the legisla- tive power was vested. 3. Proprietary governments were such as were granted by the crown to individual proprietors, or pro- prietaries, as they were called, who possessed both the rights of the soil, and the general powers of govern- ment. They exercised, within their respective limits, nearly the same authority as the crown did in the pro- vincial governments; but were expressly restricted from doing any tiling that might derogate from the sovereignty of the parent country. In these colonies, the executive power resided in the proprietary, or in a governor appointed by him, who acted as his deputy. He also, with the assent and approbation of the free- men, or their delegates, assembled for that purpose, was authorized to make laws for his province. To this end, there was a house of representatives chosen by the people, and a council elected in hke manner, or designated by the proprietary. AMERICAN COLONIAL GOVERNMENTS. 17 4. Charter governments were established under royal grants or charters of incorporation. These had a governor and council, or body of assistants, appointed, regularly, by the crown, and a house of representa- tives, elected by the people; but in some of the colo- nies, by the provisions of their charters, the people were allowed to choose all their officers. Under these governments the people usually enjoyed more ample powers, and their liberties were better secured, than under either of the other forms. But in respect to these even, the kiug and parliament claimed the right of altering or revoking the charters, at pleasure, a right which the colonies denied; and this subject was a source of constant contention between the parent coun- try and the charter colonies. 5. Several of the colonies, which were origi|nally governed under charters granted to individual proprie- taries, were subsequently changed into provincial gov- ernments, their charters having been either voluntarily surrendered, or taken away by the crown. And all the colonies, in the course of their political existence, ac- cording to the counsels that prevailed in the mother country, underwent various changes in respect to the administration of their government, and the authority under which it was exercised. At the time of the American Revolution, charter governments existed only in Massachusetts, Rhode Island, and Connecticut ; Maryland, Pennsylvania, and Delaware, were under proprietary governments ; and all the other colonies were subject to provincial governments under commis- sions from the crown. 6. The judicial power in the colonies was not, in general, very perfectly separated from the other de- partments of the government. It was exercised, some- times, in part, by the governor and council, but chiefly by regularly organized courts ; and the general assem- blies were, to some extent, constituted courts of appeal. The judicial courts were variously established in the different colonies ; in some by the crown, in others, by the governor and council, the proprietary, or the 2# 18 THE CONTINENTAL CONGRESS, general assembly of the colony. From the decisions of the comls of the last resort in the colonies, an appeal lay to the king in council; though that point was sometimes strenuously contested by the colonies. 7. In the enactment of laws, the representatives of the people constituted the lower house, and the coun- cil, or body of assistants, served as an upper house. The concurrence of the two houses was required for the adoption of measures, and the governor had a nega- tive upon their acts and proceedings, as well as a right to prorogue or dissolve the assembly. The colonial legislatures were authorized to pass laws not contrary to the laws of England, but as near as conveniently might be, agreeable to them, and subject to the ratifi- cation or disapproval of the crown. And by a statute of the English parliament, all laws and usages in prac- tice in any of the colonies, repugnant to the laws of that kingdom relative to such colonies, were declared to be void. CHAPTER IV. THE CONTINENTAL CONGRESS, AND THE CONFEDERATION. 1. When the prospect of a peaceable adjustment of the diiFerences existing between Great Britain and the colonies had become doubtful, the latter set about forming a national organization for their better protec- tion and more efficient action, A Congress, consisting of delegates, appointed in some of the colonies by the legislature, or the popular branch of it, in others by con- ventions of the people, assembled at Philadelphia, in September, 1774. This congress and those which suc- ceeded it, performed the functions of a national govern- ment, and assumed and exercised powers sufficiently ample for that purpose. The congress consisted of but a single body ; one of their number was chosen president ; AND THE CONFEDERATION. 19 and as they had not the means of ascertaining the rela- tive importance of the several colonies, it was agreed that, in determining qnestions, each colony should have one vote. 2. On the 7th of June, 1776, a resolution was moved in congress, declaring that the United Colonies ought to be free and independent States. On the 28th of the same month, a committee, which was appointed for that purpose several days previous, reported a draft of a Declaration of Independence, drawn up by Thomas Jef- ferson. The resolution for independence, though oppos- ed by some of the members as immature, finally receiv- ed the assent of all the colonies. The declaration re- ported, after undergoing some amendments, was adopt- ed by congress on the 4th of July, and was, either then or soon after, signed by all the members, being fifty -five in number, a few of whom, however, were not present, and indeed were not yet in ofiice, when the declaration was adopted. 3. Soon after the declaration of independence, meas- ures were taken for forming a permanent cOTnpact be- tween the several states. After great delay. Articles of Confederation were adopted by congress, in Novem- ber, 1777, and were proposed to the states. Accompa- nying them was a circular, recommending to the legis- lature of each state, to invest its delegates in congress with competent powers to subscribe the articles in the name and behalf of the state. This recommendation was complied with reluctantly, on the part of some of the states. The articles were ratified by eleven of the states in 1778, by Delaware in 1779, and, finally, by Maryland on the 1st of March, 1781, on which day the conclusive ratification took effect, and was publicly an- nounced by congress. 4. These articles of confederation were, in fact, little more than a league of friendship between the states, imbodying essentially the principles that had been practised upon by the continental congi-ess. Each state retained its sovereignty and independence, and all powers not expressly delegated to the United 20 THE CONFEDERATION. States. Provision was made for a congress, which was to consist of not less than two nor more than seven members from each state, to he appointed an- nually, in such manner as the legislature of the state should direct, and maintained by their respective states. No person could be a delegate more than three years in any term of six years ; and each state had the power to recall its delegates, at pleasure, and send others in their stead. Congress was to meet once in every year ; and in deciding questions in that body, each state had one vote. 5. Congress, under the confederation, was invested with certain specified powers, appropriate to a national government, but for the exercise of many of the most important of those powers, the concurrence of nine states was required. But the great defect in the scheme was, that congress lacked the coercive author- ity to carry into effect the measures it was competent to adopt. There was no central force to keep the ma- chinery ^rf government in motion. Congress could recommOTO, but it depended upon the good pleasure of thirteen independent states, whether or not, and when, they would conform to the recommendation, and fur- nish the means necessary for carrying on national measures. Another radical deficiency was the want of a national judiciary, coextensive with the other powers of government. In fact, the system soon showed itself utterly inefiicient, and inadequate to the exigencies of the country and the times. 6. In the mean time, the United States had attained to aii acknowledged place among nations. In Febru- ary, 1778, a treaty was concluded with France, which was ratified By congress in May following, and was the fii'st treaty made by the United States with any foreign power. On the 30th of November, 1782, preliminary articles of peace were entered into between Great Britain and the United States, at Paris ; upon the basis of which articles, a definitive treaty was conclu- ded and signed, at the same place, on the 3d of Sep- tember, 1783.'^ By this treaty, the independence of the CONSTITUTION OF THE UNITED STATES. 21 United States was acknowledged by Great Britain, peace- was established, and various provisions made for securing a permanent good understanding and friendly- relations between the two countries. CHAPTER V. THE CONSTITUTION OF THE UNITED STATES. 1. In February, 1787, in consequence of certain measures which had been first moved in the legislature of Virginia, a resolution was adopted by congress, re- commending a convention of delegates from all the states, to be held at Philadelphia, on the second Mon- day of May ensuing, for the purpose of revising the ar- ticles of confederation, and reporting such alterations and provisions in respect to them, as should be thought necessary. At the time and place proposed, the con- vention assembled, all the states being represented except Rhode Island, which declined to send delegates. George Washington was chosen to preside in that body. The existing frame of government was, how- ever, deemed so radically defective, that the conven- tion, by a large majority, determined on forming a new one. 2. Great difficulty was experienced in reconciling the various conflicting interests of the different states. The whole subject matter underwent a most thorough and elaborate discussion. Certain resolutions which were proposed as the basis of a constitution, were first debated and amended in the convention, and then re- ferred to a committee for the purpose of reducing them to the form of a constitution. That committee reported a draft accordingly, which, after having been sufficient- ly discussed and modified, was submitted to another committee, to revise the style and arrange the articles. At length, on the 17th of September, 1787, the Consti^ 22 CONSTITUTION OF THE UNITED STATES. tution of the United States was adopted by the unani- mous consent of the twelve states there represented. Of the fifty-five members who sat in the convention, thirty-nine, being the whole number then present, signed the constitution ; and some of those who were absent were known to be in favor of it. 3. The constitution thus framed and adopted, it was remarked by the president of the convention in his let- ter to congress, was the result of a spirit of amity, and of that mutual deference and concession, which the peculiar political situation of the states rendered indis- pensable. A copy of the instrument was laid before congress, and received the approbation of that body. It was then, in conformity to the opinion of the con- vention expressed in accompanying resolutions, trans- mitted by congress to the several state legislatures, to be submitted, under their recommendation, to a con- vention of delegates in each state, who should be cho- sen by the people of the state, for their assent and ratification. 4. In the conventions held for that purpose, in Georgia, New Jersey, and Delaware, the constitution was adopted unanimously ; and in those of Pennsylva- nia, Connecticut, Maryland, and South Carolina, by large majorities. In the conventions of Massachusetts, New Hampshire, Virginia, and New York, it met with serious opposition, and finally prevailed in them by very meagre majorities. The first convention of North Carolina refused to ratify the constitution, but it obtain- ed the assent of a second convention, in that state, held in November, 1789; and in May, 1790, it received the ratification of Rhode Island, which, until that time, had declined to call a convention to consider it. The con- ventions of Massachusetts, South Carolina, New Hamp- shire, Virginia, New York, North Carolina, and Rhode Island, at the time of adopting the constitution, pro- posed and recommended a series of amendments to it. 5. The constitution, by the terms of it, was, when ratified by the conventions of nine states, to go into effect, as between those states. When the ratification CONSTITUTION OF THE UNITED STATES. 23 had been completed by eleven states, congress passed a resolution providing for the choice and assembling of electors of president of the United States ; and sena- tors and representatives having been chosen by those eleven states, the new congress met at New York, on Wednesday, the 4th of March, 1789, and commenced proceedings under the constitution. There was not a guorum of both houses, or the required number to do business, in attendance until the 6th of April following, when, on counting the electoral votes, it appeared that George Washington was unanimously chosen presi- dent. On the 30th of the same month, the president elect Avas sworn into office, and from that time the gov- ernment went into full operation. 6. Provision was made in the constitution for its amendment. Congress is required, whenever two thirds of both houses shall deem it necessary, to pro- pose amendments ; or on the application of the legisla- tures of two thirds of the states, to call a convention for proposing amendments. The amendments, in either case, become valid as a part of the constitution, when ratified by the legislatures of three fourths of the states, or by conventions in three fourths of them, as congress shall direct. But no state can, without its consent, be deprived of its equal suffrage in the senate. Twelve articles of amendment were proposed by congress, at its first session, of which ten were duly ratified, forming, in effect, a bill of rights. Another article was added, not long afterwards ; and in 1804, a twelfth amendment was adopted, changing the mode of voting for president and vice president. These amendments were all pro- posed by congress, and submitted for ratification, tp the state legislatures. 7. The constitution is an instrument imbodying the fundamental principles of the national government, de- claring the manner in which its different branches shall be constituted, and defining the powers and duties of each. From the mode of its ratification, it may be re- garded, so far as that is capable of being done, as ex- pressing the deliberate will of t\ie people of the United 24 NATIONAL AND STATE GOVERNMENTS. States. The articles of confederation received the as- sent only of the state legislatures, which were chosen for other purposes. But the conventions which passed upon the constitution, in the several states, were com- posed of members selected by the people expressly for that single object. This constitution, and the laws of the United States passed in pursuance of it, and all treaties made under the authority of the United States, are declared to be the supreme law of the land. CHAPTER VI. THE NATIONAL AND STATE GOVERNMENTS. 1. The National Government is republican, existing, since 1789, under the provisions of the constitution of the United States. By the same instrument a repub- lican form of government is guarantied to every state of the Union : and such a government in fact exists in each state, under its own constitution. On their seces- sion from the mother country, the several colonies, by the recommendation of congress, formed governments for themselves. These were, at first, designed to be merely temporary, and some of them were expressly limited in their duration, to the continuance of the dis- pute between Great Britain and the colonies. Some of the states established permanent constitutions, about the time of the declaration of independence, while oth- ers continued to act under their charters or existing forms of government, long afterwards. 2. The several state constitutions were framed by conventions coming immediately from the body of the people, and acting in their behalf; and were, in general, at least, subsequently adopted and ratified by the peo- ple themselves, in their primary assemblies. Most of those of an earlier date have been revised and amend- ed to suit the spirit of the times. These constitutions NATIONAL AND STATE GOVERNMENTS. 25 are sovereign, each within its own limits, unless they conflict with the paramount authorities of the United States. Any law or enactment, contrary to the consti- tution of the state in which it is passed, is void ; and so is any act of a state legislature or of congress, or any provision of a state constitution, v^hich is repugnant to the constitution, the existing constitutional laws, or the treaties of the United States. 3. In relation to each other, the states are, for most purposes, independent governments. They are also independent of the national government, except in res- pect to those powers which were, either expressly or by fair implication, delegated to it by the constitution of the United States. Of these powers, some are, by their very nature, or are expressly declared to be, exclu- sive in the general government, w^hile others may be exercised concurrently by the state governments. The several states are, for the most part, left to regulate their own internal affairs, while matters relating to the general welfare and safety are confided to the national government. The United States are bound to protect each of the states against invasion ; and on application of the legislature, or of the executive, when the legisla- ture cannot be convened, against domestic violence. 4. It is provided by the constitution, that citizens of each state shall be entitled to all the privileges and immunities of citizens in the several states ; and also, that full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. A person charged in any state with treason, felony, or other crime, who shall flee from jus- tice and be found in another state, is required to be delivered up for trial, on the requisition of the execu- tive authority of the state from which he fled. It is likewise declared, that any person held to service in one state, under its laws, escaping -into another state, shall be delivered up on claim of the party to whom the ser- vice is dae. 5. Under oiu: governments aU power emanates from the people, but they exercise it by their agents and rep- 3 26 NATIONAL AND STATE GOVERNMENTS. resentatives, who are selected in such manner as the constitutions and laws of the several states prescribe. The greater part of these officers are chosen directly by that portion of the people, who are deemed qualified electors, or voters, in their respective states. The qual- ifications usually required for such electors are, that they be free, and in a majority of the states, white male citizens, of the age of twenty-one years, and have resi- ded for some stated period, varying from three months to two years, in the place where they propose to vote. In some of the states, they must also have paid a state or county tax, and in three or four states a property qualification is requisite. 6. The various public functionaries, whether chosen by the people, or appointed by the executive or other authority, are properly the servaqts of the community, — not of individuals, but of the whole collectively ; and they are amenable to the people for the diligent and faithful discharge of their several duties. The more irnportant executive and judicial officers, especially, are usually subject to impeachment and removal from office for official misconduct. And nearly all public officers are appointed for such periods, and hold their places by such tenure, that before they can long have abused their trust, they are liable to be removed, or to be displaced by a new election. 7. There are other provisions intended further to se- cure the integrity and fidelity of persons in office. All members of congress and of the several state legisla- tures, all executive and judicial officers, both of the nation and of the states, and all officers appointed un- der the authority of the United States, are required to take an oath or affirmation to support the constitution of the United States. Most officers of the general government are also sworn to the faithful execution of the trust committed to them. And, usually, state offi- cers are required to take an oath to support the consti- tution of. the state, and an oath of office. Such public officers as are intrusted with the possession and man- agement of money, or other valuable property, are com- LEGISLATIVE DEPARTMENT. 27 monly required also to give bonds for the faithful dis- charge* of their official duties. 8. In the establishment of all our governments, it has been a favorite policy, to preserve distinct the three great departments, the legislative, executive, and judi- cial. And such a separation, not perfect indeed, but sufficient for all practical purposes, is accordingly found universally to exist. In all of them, these three pov^rers are, for the most part, vested in differ&nt officers, who are chosen in different modes, and hold their offices by different tenures. The particular organization of each of these departments, and the distribution of the powers of government among them, are regulated, in the several states, by their respective constitutions and laws. The general duties appropriated to each department, are, however, essentially the same in all the states. CHAPTER VIL THE LEGISLATIVE DEPARTMENT. 1. The office of the legislative department is to pass laws. Under our systems of government, this power is vested in two independent branches, styled, usually, a senate and house of representatives, the con- currence of which is regularly required for the passage of laws, and for the performance of most legislative acts. The house of representatives is the more nu- merous branch, containing, on an average, in each of the states, somewhat more than one hundred members. In Massachusetts, which has the largest house, the number of representatives is about three hundred and fifty ; in Delaware, which has the smallest, there are but twenty-one. The senates of the several states vary from ninety members or thereabouts, which is the number in Georgia, to nine, the number in Delaware ; the average number being about thirty. 28 LEGISLATIVE DEPARTMENT. 2. The house of representatives is peculiarly the popular branch of the legislature. It is composed of members chosen by the legally qualified electors of the people, voting, in the New England states, by towns, in the other states, mostly by counties. The senators are chosen by the same electors ; but for this purpose, the states are commonly divided into districts, each consist- ing of several towns, or in those states in which the representatives are chosen by counties, of several coun- ties, so that this branch is elected on a basis somewhat different from that of the other. The senators repre- sent the people by larger masses than do the repre- sentatives. 3. In most of the states, the representatives hold their office only one year, but in several of the southern and western states, the term is two years, and in Rhode Island it is but six months. In the New Eng- land states, and* two or three others, the senators are chosen for one year ; in all the other states, for periods of two, three, four, and in Maryland, for six years. In those states in which the term is longer than one year, the senators are divided into two, three, or four classes, as the case may be, whose terms of office expire at dif- ferent times, so that a portion of the senate is chosen every year, or at the furthest, once in two years. 4. The principal qualifications usually required for representatives and senators, are a certain age, resi- dence for a given number of years within the state, and for a prescribed period previous, and at the time of their election, within the town, county, or district for which they are chosen ; and sometimes citizenship of the Uni- ted States is specified. In a few of the states a certain amount of property is required, which is larger for a senator than for a representative. The age requisite for a representative is fixed at twenty-one years, in about half the states, in some at twenty-five ; that of senators at twenty-five for the lowest, and more com- monly as high as thirty years. In several of the states there is no express provision as to age or citizenship. Senators and representatives are paid for their services a fixed sum, by the day. LEGISLATIVE DEPARTMENT. 29 5. The legislatures of all the states meet regularly once in a year, except in six states, in which they as- semble but once in two years, and in Rhode Island, where there are two regular sessions, annually. Most of the state constitutions declare what portion of each house shall constitute a quorum to do business. Usu- ally a majority is required for this purpose, sometimes two thirds of the whole number ; though in either case, it is commonly provided, that a smaller number may adjourn from day to day, and may be authorized to com- pel the attendance of absent members. In most of the state constitutions it is declared, that the doors of each house shall be kept open, except in cases requiring secrecy. 6. Each branch of the legislature is the judge of the elections and qualifications of its own members, and each chooses its own officers, except that in several of those stated which have a lieutenant governor, that officer presides in the senate, by virtue of his office, but is not entitled to vote, unless in case of an equal divis- ion of the senators. The speaker is the presiding offi- cer in the house of representatives. The house has a clerk, and the senate a secretary or clerk, who keep an accurate journal of the proceedings of those bodies, which is afterwards published. Each branch has a doorkeeper; and each, or sometimes both together, a sergeant at arms, whose duty it is to maintain order among the spectators, to execute the commands and serve the process of the legislature, to attend persons charged with messages from one house to the other, and the like. 7. Each house is empowered to determine the rules of its own proceedings, to punish its members for disor- derly conduct, and in certain cases to expel a member. In general, it is expressly provided, that each house may punish by imprisonment, during its session, any person not a member, who is guilty of disrespect to the house by disorderly conduct in its presence, or other declared contempt of its authority. Senators and rep- resentatives are usually, except in cases of treason, 3* 30 PROCEEDINGS IN COMMITTEES. felony, or breach of the peace, privileged from arrest during the session of the legislature, and for a specified time before its commencement and after its close : and they are not answerable, elsewhere, for any thing spo- ken in debate, in either house. The privilege from arrest operates by virtue of the election, which consti- tutes the individual a member, for most purposes, though he cannot vote until he has been sworn. CHAPTER VIII. PROCEEDINGS IN COMMITTEES. 1. The preliminary proceedings in the enactment of laws are conducted, in great part, in committees. At the commencement of the legislative session, each }i0use, or branch of the legislature, or more commonly, in practice, its presiding officer, appoints, from among its members, a number of standing committees, on certain specified subjects, to continue in oflice through the session. There are also joint standing committees of both houses. To some one of these committees, 'wrhich is deemed most appropriate, or to a select com- mittee appointed specially for the purpose, matters coming before the house are usually referred for con- sideration, with leave to report upon them by bill or otherwise. These committees sit and deliberate upon the business submitted to them, commonly at times when their respective houses are not in session. 2. For certain purposes, especially for the primary discussion of propositions for imposing any tax or charge upon the people, or relating to appropriations of money, all the members of the house sit together as a com- mittee of the whole Jiouse. On a vote of the bouse to resolve itself into a committee of the whole, the speaker leaves the chair, appoints a chairman to preside in committee, and himself sits as a member. If disorder PROCEEDINGS IN COMMITTEES. 31 arise during the sitting, the speaker takes the chair ; as he -does also to receive any message that may be sent to the house. It is the business of a committee of the whole to digest and mature the subject matter before them, preparatory to future action upon it in the house. To this end the leading principles of the pro- posed measure are put into form, and are debated and modified as the sense of the majority shaJl dictate. When adopted, their resolutions are reported to the house, and if approved by it, are there further con- sidered, or referred to other committees. 3. The rules of proceeding in a committee of the whole are substantially the same as in the house ; but the debate is, in general, more free. No previous question can be taken in a committee, the mode of avoiding, an improper or untimely discussion being, to move that the committee rise. A committee of the whole cannot adjourn, but if their business is unfinished, they Tise, and the chairman reports to the house, that the committee have had under consideration such a subject, and have made progTcss in it, but not having time to complete it, have requested him to ask leave to sit again. When their business is concluded, the com- mittee rise on motion, and the speaker resumes the chair. The chairman then informs the house, that the committee have gone through the matter submitted to them, and that he is ready to report upon it, whenever the house shall direct. 4. Bills are introduced into the house by motion for leave, or by an order of the house on report of the committee who have had the matter under considera- tion. When a member wishes to bring in a bill, on a particular subject, he moves for leave to do so, prefacing his motion with a general statement of his reasons for making it. If leave be granted, a committee, including customarily, the mover and seconder, is then appointed to prepare and report the bill. When fiirst presented in the house, it is read by the clerk at the table, for the information of the members. A bill cannot be amended at the fijst reading, though it may be rejected ; but it is 32 PROCEEDINGS IN COMMITTEES, usually allowed to pass to its next stage, without oppo- sition. After having received a second reading, the bill is commonly committed; that is, it is referred to a committee, to be further matured previous to the action of the house upon it. 5. When a bill is committed, it may be to a committee of the whole house, or to a select or a standing commit- tee. If to a committee of the whole, the house deter- mine on what day they will go into committee for the purpose of considering the bill. If it be referred to a select committee, the presiding officer commonly ap- points the committee, but any member may nominate one person to be upon it, and the house may change or modify it as they please. It is usual to place upon the Committee some who take exceptions to the details of the bill, but not those who are radically opposed to its principles. All committees have a right to choose their own chairman to preside over them, and report their proceedings to the house. But ordinarily, by courtesy, the person first named upon a committee is allowed to act as chairman. 6. The bill or other paper under consideration before a committee, may be one originating with themselves, or one committed to them, after having been read in the house. In the latter case, they have fuU power to modify its provisions, though they cannot change its sub- ject or title. When the committee, whether a special or a standing one, or a committee of the whole, take up the bill, it is first read throughout, and afterwards by clauses, which are considered and discussed separately, in their order. The chairman, as they proceed, puts such questions as are proposed, for amendments, by inserting or striking out. Where the bill originates with the committee, but not where it is referred to them, the question is taken, at the close, whether they will agree to the bill, as a whole, as it then stands. In entering their arnehdments, the committee do not make erasures and interlineations in the bill itself, but write down, upon a separate paper, the words that are to be omitted or inserted, and state, by reference to the page, ORDER OF BUSINESS. 33 line, and word of the bill, the place where the altera- tions are to be made. 7. Having completed their work, the committee rise, and the chairman, afterwards, when the house is in session, states to that body, tUat the committee to whom was referred such a bill, have, according to order, had it under consideration, and have directed him to report it, without amendment, or with amend- ments, as the case may be, which he is ready to do. If the house signify their pleasure to hear the report presently, he reads the amendments, if any, in their proper connection, and explains the alterations, and the reasons of the committee for making them. He then delivers in the report at the clerk's table, and the com- mittee, if a special one, having now performed its office, is dissolved. A bill, after having been thus reported, is sometimes recommitted, and usually to the same committee, whose power, for that purpose, is revived. CHAPTER IX. ORDER OF BUSINESS AND DEBATE, 1. The debate upon bills and other matters, at their several stages, in passing through the house, is subject, as to its course and extent, to certain regulations called parliamentary rules. Legislative bodies have their par- ticular standing rules of proceeding, which are com- monly printed for the use of the members. To pre- vent confusion and waste of time, they have also, as far as practicable, an established arrangement of busi- ness, fixing the order in which different subjects and kinds of business shall be entitled to consideration. These rules, and the settled course of proceedings, can- not be changed or dispensed with, except in the pre- scribed mode. 2. It is the duty of the ^presiding officer to preserve 34 RULES OF DEBATE. decorum in the house, and to direct its proceedings in such manner as best to secure the regular and orderly despatch of business. As soon as he has taken the chair, and called the house to order, the members all sit in their places. "\Yhen a member wishes to speak upon a question, he rises in his place, and ad- dresses himself to the speaker or president, who calls him by his name, that the house may know who is to speak. The member who first rises and addresses the chair, is entitled to speak first. If two rise nearly at the same time, the presiding officer names the per- son who shall speak ; but if the house are dissatisfied with his decision, they may have the question put, which member was first up ? When the member has finished speaking, or is called to order, he sits down. 3. Questions of order are decided, in the first in- stance, by the chair, from whose decision there is an appeal to the house. The presiding officer has a right to speak to points of order, and to be heard in prefer- ence to other members; but he is restricted from speaking on other subjects, except, for the information, and with the leave of the house, to state facts within his knowledge. Regularly, no member is allowed to speak more than once to the same question, or to the same bill at any one reading, unless it be to elucidate a matter of fact, or to make some material explanation, or the like. But there is a diversity, on this point, in the rules of difierent legislative bodies. 4. The member speaking is to confine himself to the question under debate, and to avoid personalities. If he has occasion to mention a member present, he should not call him by his name, but designate him by reference to the place he represents, to his seat in the house, his position in the debate, or other appropriate description. It is not in Order for a member, in debate, to cast reflections upon the determinations of the house, or to refer to any thing that has been said or done upon the same subject matter, in the other house. If a member be called to order for words spoken, the ex- ceptionable words should be taken down in writing, RULES OF DEBATE. 35 that the presiding officer may be better enabled to judge whether they are disorderly. 5. When a motion is made, it is not in the posses- sion of the house, until it has been seconded. The motion must be reduced to writing, if desired, delivered in at the table, and read by the presiding officer, before it can be debated, or the question taken upon it. In voting upon a question, the affirmative side is first put, and then the negative. Generally, the question ffirst moved and seconded, is to be first put. But in filling up blanks, the largest sum or number, and the longest time, have the preference. So, where a motion is made to strike out, or to insert a paragraph, motions to amend it are put before the vote is taken on striking out or inserting the whole paragraph. And there are some other cases in wliich questions growing out of the matter in debate, such as points of order, and the like, are to be decided before the original question. 6. There are also certain questions which, in their order, take precedence of- other matters, and which are called privileged questions. Such are the motion to ad- journ; for the orders of the day; for the previous question ; to lay on the table ; to postpone indefinitely, or to a day certain ; to commit ; and to amend. The motion to adjourn has priority over all others, and is always in order, except when the house is actually en- gaged in voting upon another question. So, when it appears that a quorum is not present, any member may require the house to be counted ; and if it be found de- ficient, business cannot proceed. Next to the motion for adjournment, a motion to proceed to the orders of tJie day, is entitled to the preference, and if it be car- ried, the orders are read and proceeded upon in their course. 7. The moving of the previmis question suspends the further discussion of the main question, on the merits of the case. The question from the chair is, " shall the main question be now put?" and if this be decided in the affirmative, the main question is put immediately, and no member can speak further to it. A vote that 36 ENACTMENT OF LAWS. the main question be not now put, removes the whole subject matter from under the consideration of the house for that day. This kind of question was de- signed to suppress the useless or unseasonable discus- sion of a subject; but, in practice, it is sometimes abused to the purpose of stifling the freedom of de- bate. A vote to postpone indefnitely, disposes of the proposition for that session. When a matter is laid on the table, it may be called up at any time, but frequently such a disposition of a subject is tantamount to a refu- sal of the house to act upon it. 8. Amendments va^j be proposed of such a nature as materially to change the character of a bill or pro- vision, and this is sometimes done in order to render it odious to its former supporters. So also the whole of a bill, after the enacting words, may be struck out, and a new bill ingrafted upon them, as an amendment to the original bill. A vote to strike out the enacting words of a bill, is equivalent to its rejection. Upon a motion to amend by inserting, or by striking out a par- ticular clause, the clause should be made as perfect as possible, by amendments, before the question is taken for inserting or striking it out. For if it be determined, in the former case, to insert, and in the latter, not to strike out, which is, in effect, to retain, the clause can- not be amended afterwards, at the same stage ; the house having, by their vote, agreed to it, in its existing form. CHAPTER X. THE ENACTMENT OF LAWS. 1. Previous to its passage, every bill receives, in each house, three several readings, which, regularly, should be, though they are not always, upon as many different days. At each time, the clerk reads the bill, ENACTMENT OF LAWS, 37 and then hands it to the presiding officer, who, rising, states to the house the title of the bill, and whether it is the first, second, or third time of reading it; and also states, at each reading, what the question will be. At the first reading the question is, whether the bill shall be read a second time ? But if opposition be made to the bill, the practice sometimes is, to put the question, " shall the bill be rejected ? " The question at the second reading is, whether the bill shall be com- mitted, or shall be engrossed and read a third time ? At the third reading it is, whether the bill shall pass ? 2. When a bill, on its second reading, is committed, and the committee have made their report upon it, the report lies upon the table until it suits the convenience of the house to take it up. If the bill was reported with amendments, the amendments only are then read by the clerk. The speaker puts the question upon each of the amendments, in its order, until the whole have been rejected, or adopted, either in the forai pro- posed by the committee, or as amended at this time. When 'all the amendments of the committee have been disposed of, and not before, it is in order for mem- bers to propose amendments to the body of the bill. 3. In like manner, if the bill was reported by the committee tvithout amendments, or if, as is sometimes the case, at its second reading, it is not referred to a committee, but is considered and debated by the house, in the first instance, it is taken up and considered by paragraphs, the presiding officer putting the question on each amendment proposed, in its order ; and in these cases, as well as w^here the bill has been reported with amendments, after it has been sufficiently discussed, and amended, ,the question is put, whether the bill shall be read a third time ? Amendments proposed at the second reading of a bill, are, in general, required to be read twice, and those proposed at the third reading, to be read three times. 4. When upon its second reading, a bill has, by the aid of amendments, received as perfect a form as its friends can give it, those fundamentally opposed to the 4 38 ENACTMENT OF LAWS. bill may most advantageously exert their strength to defeat it. If, however, it pass to a third reading, it is then engrossed; that is, the bill in its perfect, amended form, is copied out in a plain, large or gross hand, upon paper or parchment. But that is not required, if the bni came from the other house, as in that case, it always comes already engrossed. In some legislative bodies, the practice is, not to have bills engrossed till after the third reading, in order that amendments may be made at that reading, which, otherwise, could not be done without marring and disfiguring the engrossed copy. 5. At the third reading a bill is sometimes, though rarely, committed ; but where it has been previously engrossed, amendments which occasion erasures and interlineations, and thereby render the bill suspicious, are admitted, at this stage, with great reluctance. Sometimes, when an important provision has been omitted, rather than alter the bill itself, a clause en- grossed on a separate piece of paper or parchment, and called a rider, is attached to the bill, after liaviHg been read, and the question upon it put three times. At this reading, the bill is again debated, which may be done more effectually than at the previous readings, its supporters and its opposers having, in the earlier dis- cussions of it, become acquainted with the grounds taken on each side, and this being the time which is to decide finally the fate of the bill. 6. The debate being ended, the presiding officer holding the bill in his hand, puts the question for its passage by saying, " as many as are of opinion that this bill shall pass, say ay ; " and after the affirmative voice is expressed, " as many as are of the contrary opinion, say no.'' He then declares whether the ayes or noes have it, if he be himself satisfied on which side is the majority. But if he is in doubt, or his decision is questioned, the house is divided; those in the affirma- tive, and then those in the negative, are counted, by the presiding officer, or by tellers, and the vote is then declared accordingly. After a vote has been passed, ENACTMENT OF LAWS. 39 any member who voted with the majority, may, under certain' Umitations, move for a reconsideration of it ; and a vote taken upon such a motion cannot be re- considered, but is final. 7. "When a bill has passed in the house in which it originated, it is sent to the other house, where it is taken up, receives three readings in like manner, and goes through substantially the same processes as if it had originated in that house. The bill maybe rejected in the house to which it is sent, or it may be passed either without or with amendments ; and in the last- named case it is returned, with the amendments, to the house in which it originated. The amendments are there three times read, and the house either concur in them or disagree to them. In the latter event, the bill is again sent to the other house, and if the one house insist on their amendments and the other on their dis- agreement to them, after a certain formal course of proceedings, a committee of conference of the two houses is usually appointed. If no agreement can finally be effected, the bill is lost. 8. After a bill has passed both houses, it is common- ly enrolled upon parchment, and having been carefully examined and compared with the engro^ed bill, by a committee of each house, or a joint committee of both, and found to be correct, it is signed, fii'st by the speaker of the house of representatives, and afterwards by the president of the senate. The bill has, in general, still another ordeal to pass, before it is perfect. By the constitution of the United States, and those of most of the states, it is provided that bills, after having passed both houses, shall be presented to the chief magistrate for his approval; and for this purpose, the bill is ac- cordingly despatched, as soon as it has been signed by the presiding oflicers of the tAVO houses. 9. When the bill is laid before the cliief magistrate, if he approves, he signs it, and by message announces the fact to the house in which the bill originated ; and that house informs the other. If he disapproves, he returns the biU, with his objections, to the house in 40 ENACTMENT OF LAWS. which it originated, who enter the objections on their journal, and proceed to reconsider the bill. If two thirds of all the members present, or in some of the states, a majority of all the members elected to that house, voting by yeas and nays, agree to pass the bill, it is then sent, with the objections, to the other house, and if passed in like manner there also, it becomes a law. If the bill be not returned by the chief magis- trate within a specified number of days after its presentation to him, it becomes a law, unless the legis- lature, by their adjournment, prevent its return. 10. The bill having passed through its several stages, in the prescribed form, is now complete, and if of a public nature, it becomes a part of the law of the land ; and all persons within the jurisdiction, are bound to take notice of it accordingly. Statutes, regularly, go into effect from the time they receive their final ap- proval, unless there be some positive provision to the contrary. Hence it would happen, that a statute might be in force some time before persons in remote parts of the state could possibly have notice of its existence as a law. To remedy this inconvenience and hardship, statutes frequently specify a fixture day on which they shall go into operation ; and in some of the states there is a general provision that every statute in which no tune is expressly declared for that purpose, shall take effect a stated number of days after its final approval. The enrolled bills, when passed into laws, are deposited in the office of the secretary of state, and are there preserved ; and copies of them are printed for the pub- lic use. EXECUTIVE DEPARTMENT. 41 I CHAPTER XI THE EXECUTIVE DEPARTMENT. 1. The executive power, in all the state govern- ments, is vested in a governor, who is chosen by the qualified voters of the people, except in the states of New Jersey, Virginia, and South Carolina, in which he is elected by the two houses of the legislature, by joint ballot; both voting together, that is, as one body. In the New England states, the person having a majority of the votes, or a greater number than all other candidates together, is chosen ; in the other states, a plurality elects, or the person having a greater number of votes than any one other candidate, is deemed to be chosen. If no person have the required number of votes, the senate and house of represen- tatives, generally by a joint vote, choose a governor out , of two or more of the candidates, having the greatest number of votes. 2. A majority of the state constitutions provide, that the governor shall be a citizen of the United States. Nearly aU of them require that he shall have resided a certain number, varying from two to ten years, within the state for which he is chosen; and also that he shall be of a certain age, which is fixed, for the most part, at thirty, rarely at thirty -five years. In a few of the states, a property qualification is required. In the New England states and New Jersey, the governor is chosen for one year; in all the others, for two, three* or four years. He is uniformly paid for his services by a fixed annual salary. 3. In the states of Maine, New Hampshire, Mas- sachusetts, Virginia, and North Carolina, there is a council, consisting of from tliree to nine persons, chosen, in New Hampshire, by the people, in the other states, by the legislatures, by joint ballot. They hold regular 4* 42 EXECUTIVE DEPARTMENT. sessions, the governor presiding, to deliberate upon matters coming before the executive, and their advice and consent are required in the performance of many of the duties of that department. In some of the other states, the senate discharge a part of the appropriate functions of a council; such as confirming the nomina- tions of public officers. When appointments are to be made with the approbation of the council or senate, the goveriior nominates to that body the candidates he proposes, and at some future day, they decide by vote whether or not they will advise and consent to the appointment. 4. The duties of the governor are various. In a majority of the states, he has a qualified negative upon the passage of laws, whereby he may defeat them, unless afterwards repassed by the required majority in both houses. He is to see that all laws in force are faithfully executed. He is commander in chief of the military forces of the state. Either by himself, or with the advice of the council where there is such a body, or of the senate in some of the other states, he ap- points various state officers; and he signs all commis- sions that are issued in the name of the state. He, "^vith the council, if any, is usually empowered to grant reprieves and pardons after conviction of the offisnder, except in cases of impeachment. It is his duty to communicate to the legislature, at every session, the condition of the state, and to recommend to their con- sideration such matters as he shall judge expedient; and, in general, he is authorized to convene the legis- lature on extraordinary occasions. 5. In about half of the states, there is a lieutenant gcfvernor, who, for the most part, by virtue of his office, presides in the senate, but has only a casting vote; that is, he is entitled to vote only when the senate are equally divided. The principal design of the office of lieutenant governor is, that there may be some one already appointed, to perform the duties of governor, in case that place should become vacant during the regular term. In the event of a vacancy in the office EXECUTIVE DEPAETMENT. 43 of govemor, or of governor and lieutenant governor also, w^here the latter office exists, it devolves usually upon the president or speaker of the senate, and next to him, upon the speaker of the house of representa- tives, to discharge the duties of governor, until one is chosen. 6. In each state there is a secretary of state, com- monly elected by joint ballot of the two houses of the legislature. The secretary has the custody of all public records and documents, particularly of the acts, resolutions, and orders of the legislature. He is bound to keep a fair register of the acts and proceedings of the executive, and, when required, to lay iif before either branch of the legislature ; and to perform such other duties as are enjoined upon him by law. He usually attests or countersigns commissions and other instruments issuing in the name of the state, cer- tifies copies of records and papers in his office, and keeps the seal of the state and affixes it to such docu- ments as require it; though sometimes the governor is intrusted with the sole custody and use of the state seal. 7. Each state has also a treasurer, who is chosen, almost invariably, by joint vote of the two branches of the legislature, and whose business it is to receive and to disburse all moneys belonging to tlie state. It is usually provided that no money shall be drawn from the treasury except under the proper warrant, and in consequence of appropriations made by law. An accu- rate account of the receipts and expenditures of the public money, is required to be published annually, or at other specified times. The treasurer gives bond, with sureties, in such manner as is prescribed by law, conditioned for the faithful discharge of his official duties. The public standard weights and measures are commonly kept in the treasury. 44 JUDICIAL DEPARTMENT. CHAPTER XII THE JUDICIAL DEPARTMENT. 1. To the judicial power it belongs to expound and enforce the laws. As laws are established to be the rules of action, they ought to be expressed in the most clear and intelligible form. But from the imperfection of language, and sometimes also from the want of sufficient care on the part of legislators, it happens that statute laws are seldom so happily framed as to admit of but a single interpretation, and that a plain and obvious one. Cases often occur, too, such as were not within the contemplation of the legislature; and the application of the law to such cases is sometimes not a little difficult. Laws w^ould be very inadequate to the purpose for which they are designed, were there not some tribunal competent to decide authoritatively upon their meaning and application, and clothed with power to enforce and effectuate its decisions. 2. It is necessary, also, in governments, which like ours are administered in subordination to written con- stitutions, that there should be, somcAvhere in the state, a power to tiy the laws by the standard of the consti- tution, under which they profess to be made. This authority to test the constitutionality of laws, resides in the courts of justice. It is the right and duty of the judicial power in each state, to declare null and void every act of its legislature made in violation of any provision of its own constitution, or of the constitution of the United States, whenever such act, being capable of a judicial investigation, is brought, in due form, before the proper court. And the decision of the high- est judicial court of any state, upon questions touching its own constitution merely, and in some other cases, or of the supreme court of the United States upon questions regularly before it, is conclusive. JUDICIAL DEPARTMENT. 45 3. B'esides the law that has been expressed in the form of statutes, or legislative acts, there is much which has never been imbodied in any code, or declared by any legislature. This is no other than the unwiitten, or as it is called, the common law of England, consist- ing of a collection of principles, usages, and rules of action, which have grown into force gradually, as laws, without any legislative interposition. This common law, so far as it was applicable to the circumstances of their situation, our colonial ancestors brought with them from the mother country ; and where it has not been altered by statute, it still exists in its full vigor. Cases which depend upon the common law, are to be decided by reference to legal principles, and on ihe authority of judicial decisions, if any exist that are applicable ; and it belongs to the courts, in such cases, to declare what the law- is. 4. The highest judicial court of each state, denom- inated commonly a supreme court, is that before which, in general, all questions of law may be broijght for final decision. When sitting as a full court, its business is chiefly to hear arguments preparatory to the decision of law questions. The opinions of the judges are afterwards drawn up by themselves, and are read in court ; and the decision of each case is according to the opinion of a majority of the judges. Usually, in prac- tice, the opinion of the w^hole, or of the major part of the judges, is delivered by some one of their number, as tJie orpinion of the court. When there exists a differ- ence of opinion among them, those in the minority sometimes dehver dissenting opinions. The decisions of the highest court, thus made, are published under the name of Reports, and are binding as precedents in all subsequent cases of a like character. 5. The inferior courts, which are known, in the different states, by various names, such as courts of common pleas, circuit, district, or county courts, are principally employed in trying matters of fact, with the assistance of a jury. In most of the states, the indi- vidual judges of the highest court also sit for the trial 46 JUDICIAL DEPARTMENT. of jury cases. Questions of law, arising before inferior courts, or before a single judge, at such trials, are determined, for the time being, by the court or judge, but subject to revision by a higher court, or by all the judges, as the case may be. Justices of the peace have jurisdiction, within their own counties, of cases of small magnitude, and are authorized to hold courts for the trial of such cases ; and from their decisions, usually, an appeal hes to a higher tribunal. Justices of the peacp, as well as all judges, are likewise conservators of the peace. 6. Besides the courts of laiv, properly so called, there are courts of chancery or equity, which in some of the states are a distinct organization, while in others the judges of the highest court of law are invested with the exercise of chancery powers. Courts of equity sit without a jury, the questions that come before them being decided by the judges. Their decisions, how- ever, do not proceed on their own arbitrary notions of the abstract right or justice of each particular case ; for these courts, as well as others, are bound by authority and precedents. But they are governed by rules pecu- liar to themselves, which enable them oftentimes to do more full and complete justice, and to furnish remedies and afford relief in cases w^hich could not be reached by the ordinary processes of courts of law, following their own cours6 of proceedings. • 7. There are also courts of probate, usually one for each county. These are held by a judge of probate, or as he is called in some of the states, a surrogate, or a register of ivills. The register of probate is the officer wiio records the decrees, orders, and proceedings of the court, and assists in the transaction of its business. It is the office of courts of probate to take the probate or proof of Avills, presented to them for approval, to grant administration of the estates of persons deceased, and to appoint guardians for minors and others, in the cases prescribed by law. They have jurisdiction of all mat- ters relating to the settlement of estates, and to the interests of persons under guardianship. From their ORGANIZATION OF COURTS. 47 decisions an appeal lies to sucli other court as is desig- nated by law. In some of the states, the courts per- forming a part or all of the duties in question, are called orphans' courts. CHAPTER XIII THE ORGANIZATION OF COURTS. 1. The term court is used in various significations A court has been defined to be a place where justice is judicially administered. Sometimes the word is em- ployed to designate the judges alone, as contradistin- guished from the jury. In another sense, the judges, clerk, attorneys, and ministerial officers, are said to con- stitute the court. It is in this last acceptation that the term is to be understood, in speaking of the organiza- tion of courts, and of their several constituent parts. The particular duties and offices of different courts are usually marked out and assigned by statute provisions. For the most part the jurisdiction in both civil and crim- inal cases, is distributed among the same courts : but sometimes, and especially in cities and large towns, there are courts established exclusively for the cogni- zance of criminal matters. 2. The judges are the officers who preside in the court, direct its proceedings, and determine all questions of law that arise. The highest court in each state con- sists, usually, of three, four, or five judges, and for the final decision of law questions, they all, or a majority of them, sit together For the purpose of hearing jury trials, courts are held by a single judge of the highest court, either alone, or assisted by county judges ; and also by judges of inferior courts, having jurisdiction throughout the state, or more commonly by a presiding judge for each circuit or district, with assistant county judges. Courts of chancery, where they exist as a separate or- 48 ORGANIZATION OF COURTS. ganization, are usually held by a single individual, called a chancellor. 3. Judges are appointed, in some of the states, by the governor, with the advice of the council or senate ; in others, they are chosen by joint ballot of the two branches of the legislature, and in Mississippi, by the people. In some of the states, they hold their office during good behavior; in others, by the same tenure, but are disqual- ified at a certain age ; while in others still, they are ap- pointed for a stated number of years. The salaries of judges are fixed by law, and to secure the indepen- dence of the incumbents, there is, in a majority of the states, a provision that their salaries shall not be di- minished during their continuance in office. Justices of the peace are appointed, sometimes by the governor, with the approbation of the council or senate, but in , many of the states, they are chosen by the people. They are paid by fees^ and hold their office for a term of years. 4. Attorneys, and counsellors, are officers of the court, by which they are admitted to practice after having passed through a prescribed course of preparation. Their business is to assist the parties in the prelimi- nary stages of legal proceedings ; to prepare the pleadings, or written allegations, in the case ; and to manage suits in court, unless the parties, as they are permitted to do, appear and conduct their own causes in person. Each state has usually an attorney general, whose duty it is to appear in behalf of the state, and prosecute and conduct suits in which the state is con- cerned; and also to give his advice on questions of law, when required by the executive, or other officers of the government. There are likewise district attoryieys, or county solicitors, who assist the attorney general, and except in cases of great importance, for the most part manage the actions of the state within their respective districts or counties. 5. The clerks of the court are appointed commonly by the judges, sometimes by the legislature. The clerk has the custody of the seal of the court, and it is his ORGANIZATION OF COURTS. 49 duty to sign and seal all writs, and pi'ocess, or compul- sive written orders, issuing from the court. He is also required to attend the court, during its sittings, to record its proceedings and judgments. These and other records, together with all papers and documents used in court in the course of legal proceedings, it is the duty of the clerk to preserve in his office, which is at the shire toicn of the county, or place where the courts are held, and is usually kept open, for the public con- venience. The clerks of courts are compensated for their services by fees ; and they are required to give bonds for the faithful performance of their duties. 6. There is usually a person appointed under the au- thority of the state, either by the governor or legisla- ture, or by the judges of the highest court, to report the decisions of that court, when sitting for the determina- tion of questions of law. The reporter attends the sit- tings of the court, and takes minutes of the proceed- ings, at the argument of each case, from which, and from the papers in the case, he draws up a brief state- ment of the facts and evidence, and adds commonly an abstract of the arguments of counsel. These serve as an introduction to the opinion and decision of the court, a copy of which is furnished to the reporter by the judges, and the whole together makes up what is called a report of the case. Sometimes the reports of decisions are prepared for the press by the judges themselves. 7. The ministerial officers of the court are those who execute its mandates and serve its process. Each cQunty has a sheriff, whose duty it is, either himself or by his deputies, to execute, within his county, all writs and process issuing from the judicial tribunals of the state, and directed to such sheriff, or his deputy. Sheriffs are appointed by the governor, with the advice of the council or senate, or are chosen by the qualified voters of their respective counties, and they hold their office for a term of years. They give bonds for the faithful discharge of their duties, and are responsible, civilly, for the official conduct of their deputies, whom they are authorized to appoint, and who, in fact, perform 5 50 ORGANIZATION OF COURTS. a large part of the duties of the office. Both the sheriffs and deputies are paid by fees. During the sittings of the courts, the sheriff attends in person, with some of his deputies, to maintain order in and about the court- house, and to execute the commands of the court. 8. Coroners, of whom there are several in each county, are appointed much in the same way as sheriffs. In some states, at least, they are authorized, within their respective counties, to sei-ve all writs and precepts, and to perform all other duties of the sheriff, where the'lat- ter is a party or interested in the case, and also where the office of sheriff is vacant. Coroners act too, in part, in a judicial capacity, it being their duty to hold inquests over the bodies of persons supposed to have come to a violent death. For this purpose, they assem- ble a jury, who being sworn, upon inspection of the dead body, and after hearing the testimony of witnesses, if any, draw up and subscribe their inquisition, or statement of the result of their investigation, setting forth, as nearly as they have been able to ascertain them, the time, manner, and circumstances of the death. 9. Constables are commonly elected by the people of towns. They are bound to obey all warrants and pre- cepts regularly directed to them by sheriffs, coroners, justices of the peace, or the selectmen, or chief magis- trates of their town ; and they are authorized, in some of the states, to serve writs and process within their respective towns, in civil actions of small magnitude. Both sheriffs and constables are keepers of the peace within their several limits. The crier of the court is appointed by the court, and it is his duty to make pub- lic proclamation of the opening and adjournment of the court, to count the jurymen as they are called over by the clerk, to perform the ceremony of calling absent parties to come into court and maintain or defend their suits, and the like. CONSTITUTION OF JURIES. 51 CHAPTER XIV. THE CONSTITUTION OF JURIES. 1. Juries are of two kinds, grand juries, snad petit or traverse juries ; whose duties are very different. The province of grand juries is confined to preliminary pro- ceedings, in criminal cases; while the office of petit ju- ries is to try persons duly cha*rged udth the commission of crimes or offences, and to determine questions of fact, in civil actions. The persons who are to compose both these juries are selected and summoned in nearly the same way, but each expressly for his own office. The particular mode in which this is done is usually'' pre- scribed by statute, but the process is substantially as follows. 2. A sufficient time before the sitting of the court, at which the jurors are to attend, there issues from the clerk's office a writ or precept called a venire facias, or simply a venire, Avhich is a command to cause to come such a number of men, qualified to serv^e as jurors, at a time and place specified in the precept. The whole number of jurors to be returned at any court, is appor- tioned among the several towns ^nd places within the county or district for which the court is to be held, as nearly as may be in proportion to the number of inhab- itants in each. And in order that the duty of serving as jurors may not be onerous to individuals, there is usually provision made by law, that the same person shall not be required to serve as juryman oftener than once in a stated number o^ years. 3. By the common law R^.ode, the venire is directed to the sheriff, and he summons the jury. This method prevails in some of the states ; in others the practice is different. In Maine, Massachusetts, Connecticut, and New Hampshire, a venire issues to each town that is 52 CONSTITUTION OF JURIES. required to send jurymen, and it is directed to a consta- ble of the town, but in New Hampshire to the town- clerk. In the New England states, at least, the names of those who are to serve as jurors are always drawn from a box. Usually a selection is made, from time to time, in each town, of a sufficient number of persons who axe deemed qualified to serve as jurors, and their names are written each upon a separate piece of paper, and put into a box. From this Jury-box, in the manner and by the person designated by law, as many names are drawn out as are equal to the number of jurors the town is required to return at that court. • 4. The persons thus drawn are notified of their ap- pointment, by the officer to whom the venire was direct- ed. He then returns the venire, with his doings upon it, and the names of the persons who have been chosen jurymen, to the clerk's office, on or before the first day of the term, in order that the court, in organizing the juries, may know who have been regularly returned. If both grand and petit jurors are to be appointed for the same court, the return of the officer must specify which of the jurors are to serve in one capacity, and which in the other. The individuals who have been appointed and warned, are, unless prevented by some weighty reason, to attend at the time and place directed, on pain of incurring such penalty as is prescribed by law. 5. When the venires are returned into court, the clerk makes ,out an alphabetical list of the persons chosen and summoned to serve as jurors, which list is called di panel. Properly, the lexm. panel signifies the roll or oblong piece of paper or parchment, containing the names of the jurors who have been summoned, and their places of abode, which, according to the common law method, is annexed to the venire and returned with it into court If a sufficient number of jurors do not ap- pear, or if, at any time during the term, by challenges or otherwise, the panel be exhausted before a full jury is completed, the court may order what is called a tales de circumstantibus, which is an order to the sheriff or other officer, to return from among the bystanders, or CONSTITUTION OF JURIES. 53 from the county at large, so many such men, that is, men possessing the like qualifications with those summoned on the first panel, as will supply the deficiency. Jurors thus selected are called talesmen. 6. A grand jury may consist of any number of men from twelve to twenty-three inclusive. It must con- tain twelve at least, because the concurrence of that number is required in order to put a party accused upon his trial; and if there were more than twenty-three, great inconvenience might arise, since a complete jury of twelve might concur in. finding a bill, wHilean equal or greater number were opposed to it. The persons who have been summoned to serve as grand jurors be- ing in attendance in court, the clerk, from his list, calls them by their names, and as many as are present an- swer to the call, and are counted by the crier. The number present being ascertained, one of them is then appointed by the court to serve as foreman of the jury ; but in some states they are permitted to choose their own foreman, after they have retired to their room. The jurymen who are in attendance, but not exceed- ing twenty-three in number, are then sworn by the clerk. 7. The oath is administered first to the foreman, if he has been appointed, and is in the following terms : " You, as foreman of this inquest, for the body of the county of , do swear, that you Avill diligently in- quire and true presentment make, of all such matters and things as shall be given you in charge, or otherwise come to your knowledge, touching the present service ; the commonwealth's counsel, your fellows' and your own you shall keep secret ; you shall present no one for envy, hatred or malice, nor shall you leave any one unpresented for fear, favor, affection, or hope of reward ; but you shall present all things truly, as they come to your knowledge, according to the best of your under- standing." The other grand jurors are then called, usually a part at a time, and are sworn to observe the same oath which the foreman has taken. If the fore- man has not been appointed, the oath is first adminis- 5* 54 PROCEEDINGS IN CIVIL ACTIONS. tered to two or three of the jurors, and then the rest are sworn to its observance. 8. A petit jury regularly consists of precisely twelve men. There are commonly petit jurors enough sum- moned to constitute two juries, in order that while one jury are deliberating upon a cause, the other may be in readiness to hear any other cause that may come before the court. The jurors being in court pursuant to direction, the clerk, from his list, calls over their names. The first twelve in order upon the list are then sworn and empanelled as a jury for the trial of any civil actions that may come before them during the term; and in like manner the next twelve, if there be so many. A foreman of each jury is either chosen by themselves, or appointed by the court. The supernu- merary jaroYs, if any, are sworn, and are kept in attend- ance, that they may be put upon either of the juries, if occasion should require. In criminal trials, a jury must be sworn and organized anew for each case. CHAPTER XV. PROCEEDINGS IN CIVIL ACTIONS. 1. Civil actions or suits are such as are brought to obtain redress for private wrongs, or civil injuries; and their object is to put the injured party in possession of the right of which he has been deprived. This may be effected, either by a specific delivery or restitution of the article, or subject matter in dispute, to the rightful owner; or, where that cannot be done, as well as where it would be an inadequate remedy, by making the sufferer a pecuniary compensation in damages. The process of law is the instrument by which this re- dress is obtained ; but the act of the parties is necessary in order to set the law in motion. 2. When a right to which a party deems himself PROCEEDINGS IN CIVIL ACTIONS. 55 entitled, is withheld from him, and he would resort to the aid of the law to enforce that right, he usually ap- phes to an attorney, to institute legal proceedings in the matter. The instrument most commonly employed for this purpose is called a ivrit. The attorney pro- cures, at the clerk's office, blank writs, which issue in the name of the state, are sealed with the seal of the court, and signed by the clerk. The formal parts of the instrument are printed, with blanks left for insert- ing names, dates, and the cause of action ; and one of these blank forms is filled up by the attorney whenever he has occasion to make a writ. 3. In its form, a writ is a mandatory letter, directed to the sheriff of the county or his deputy, or in particu- lar cases, to a constable or coroner, commanding him to do certain acts. These, according to the practice in New England, generally are, to attach, to a given amount, the goods or estate of the party who is charged as withholding the right, or as guilty of the injury, and who is called the defendant, and to summon him to ap- pear at court, at a time and place therein named, to answer to the party who complains that his right is withheld, or violated, and who is styled the plaintiff. Then follows the declaration, or statement of the plain- tiff's cause of action, reciting the contract, or other duty or liability of the defendant, and his breach of it, and in conclusion, laying the damages claimed by the plaintiff 4. The writ is served upon the defendant, by the officer, sometimes by reading it to him, or giving him an attested copy of it; but in the form which is Jn most frequent use, there is a separate paper, attested in the same manner as the writ, and called a summons, which is left with the defendant, informing him that such a suit has been commenced against him, and directing him to appear at court. Upon the back of the writ itself the officer enters a written statement of his doings in the matter, which is called his return, and which, as between the parties to the action, cannot be controverted. The writ must be served a certain period 56 PROCEEDINGS IN CIVIL ACTIONS. of time before the first day of the court to which it is returnable, and on that day the officer is required, in pursuance of a command expressed in it, to have the writ in court. 5. The clerk receives the writs and puts them upon file ; and all those which have not already been settled by the parties, are, at the request- of the several attor- neys by whom they were made, entered in court by the clerk. This is done by writing the names of the plaintiff and defendant in each action, and numbering the actions consecutively, in a blank book, ruled and prepared for the purpose, denominated a docket. The name of the attorney who causes the action to be en- tered, is written in the margin, oj)posite to that of the plaintiff After the docket is made up, the attorney, if any, employed by the defendant to appear in his be- half, writes his name upon the docket, opposite or underneath the name of the defendant ; which is called entering an appearance. 6. Early in the term the docket is called by the court, that is, the names of the parties in the actions are read in their order by the clerk, who minutes upon the docket the manner in which each action is dis- posed of If there is no appearance on the part of any defendant, he is defaulted, as it is termed. For this purpose, the crier makes proclamation for the defen- dant, calling him by name, to come into court, and answer to the plaintiff, or his default will be recorded; and if he do not appear, either personally or by attorney, the entry of default is made upon the docket. The rest of the cases are marked for trial, or continued to the next term, or otherwise jiisposed of, as the attorneys of the parties can agree, and the court shall direct. All the actions of which no final disposition is made during the term, are continued, and go to form the old docket for the next term of the court. 7. On the first day of the sitting of the court, the persons who have been summoned to serve as petit jurors, are in attendance, and are organized into juries for the trial of causes. Such a jury should consist, PROCEEDINGS IN CIVIL ACTIONS. 57 uniformly, of twelve men, and neither party is obliged to proceed with a less number. But that is occasion- ally done, in civil actions, by agreement of the parties, where a juror is sick, absent, or the like, when a cause comes on for trial. Jurors may be objected to, or as it is termed, challenged, by either party, for cause shown ; such as that the juror is wanting in the requisite quali- fications, or is unfitted for the service by reason of relationship to either party, or by interest, partiality, or other sufficient cause. If the objection is sustained, the juror is set aside, and another is substituted in his place. 8. The office of a jury, in civil actions, is to try issues of fact. An issue is some specific point or mat- ter, affirmed on the one side, and denied on the other. This issue or point disputed between the parties, and mutually proposed and accepted by them as the sub- ject for decision, is evolved by a series of alternate alle'gations on the one side and the other, called plead- ings, which are previously drawn up in writing by the attorneys of the parties. This process, however, is greatly simplified, in many of the states, by statute provisions. When the result is attained, the parties are said to be at issue ; and the question so set apart for decision is itself called the issue. If it be an issue or question of law, it is to be decided by the court; if an issue in fact, by the jury. 9. The jury are sworn Avell and truly to try the causes committed to them, and to render a true ver- dict according to law and the evidence given them. They are to take no matter into consideration but the question in issue ; that question, and that alone being before them for trial. They are bound to give their verdict for the party, who, upon the proof, appears to them to have established his side of the issue. The burden of proof is regularly upon the party who main- tains the affirmative of the issue, a negative being, in general, incapable of proof; and consequently, unless the affirmative is made out, the jury are to consider the negative as estabhshed, and are to give their ver- dict accordingly. 58 TRIAL OF CIVIL ACTIONS. 10. The attendance of witnesses at court, is either vokmtary, upon the request of the parties, or it is en- forced by causing to be served upon them a summons, called a subpoena, and by payment of their fees. The witnesses when called at the trial, are sworn to declare the truth, the whole truth, and nothing but the truth, relative to the cause in hearing. After a witness has been examined by the party who offers him, which is called the examination in chief, he may be examined by the opposite party. This, which is styled the cross- examination, is designed to test the ability and willing- ness of the witness to tell the truth ; and it is directed to ascertaining his opportunity and capacity to acquire a knowledge of the facts to which he testifies, his powers of memory, his situation in respect to the parties, and his motives. CHAPTER XVI. # TRIAL OF CIVIL ACTIONS. 1. The whole proceeding of trial by jury takes place under the direction and superintendence of the presid- ing judge or judges, in this connection usually denom- inated the court. It is the duty of the court to decide, for the time being, all questions that arise in the course of the trial, respecting the competency of witnesses, and the admissibility of evidence; and to direct the jury on points of law, so far as is necessary for their guidance in appreciating the legal effect of the evi- dence, and drawing from it the proper conclusions. But as questions of law, at the trial, must be decided upon first impression, and Avithout opportunity to con- sult authorities, there is commonly some provision by which exceptions may be taken to these summary rulings of the court, and carried to a higher tribunal, or to the fall court, to be decided afterwards, upon delib- eration and argument. TRIAL OF CIVIL ACTIONS. ' 59 2. When a cause comes on for trial, it is usually conducted by one or more counsel on each side. The counsel for the party having the affirmative of the issue, who is generally the plaintiff, opens the cause to the jury, by reading the writ and pleadings, or stating the substance of them. He next gives a general out- line of the case, states the positions he proposes to establish, and observes upon the evidence which he intends to adduce to substantiate them. He then calls his witnesses, who are examined and cross-examined, and also produces and reads to the jury such document- ary evidence as he may have, which he wishes to put into the case. 3. The counsel upon the other side then opens the defence and states the nature of it, and produces his evidence to support it. He then addresses the jury, and goes into a full argument of the case, applying and enforcing his own evidence, and endeavoring to meet the force of that arrayed against him. The counsel of the opening party then follows in reply, in like manner commenting upon the evidence on both sides, and answering, as best he may, the arguments advanced by the opposite party. When the case is closed, on both sides, the judge charges the jury; that is, he states to them what are the real points of dif- ference between the parties, recapitulates, sums up, and comments upon the evidence, and explains the principles of law that bear upon the case, and the man- ner of their application 4. The cause is then committed to the jury, who retire to deliberate upon it, to a room provided for the purpose, in the custody of an officer, who is sworn to keep them, and to suffer no one else to speak to them, neither to speak to them himself, unless to ask them whether they have agreed. The jury are to decide the matter upon the evidence that has been given them in court. Any fact in relation to it, within the knowledge of any of their number, cannot be received by them, in the jury-room; but in such a case, the juror may be sworn and giv6 his testimony, like any other witness, 60 TRIAL OF CIVIL ACTIONS. in open court. Unless sooner discharged by order of the court, the jury are not allowed to separate until they have agreed upon a verdict, which must be unani- mously given. 5. After the jury have decided upon their verdict, they come into court, bringing with them their verdict, in writing, which, if not correct already, is then put into form, and is signed by the foreman. The verdict is next read to the jury, by the clerk, who asks them if ihey agree to it, and any juror may then express his dissent; but if it is affirmed by them all, the verdict is entered of record. The finding of the jury, in an action on a contract, for example, is, when for the plaintiff, that " the defendant did promise in manner and form as the plaintiff in his writ- has declared against him;" and where damages are claimed by the plaintiff, they assess damages at such a sum as they think warranted by the evidence. When the verdict is for the defendant, they find that the defendant did not promise in manner and form alleged. If the jury cannot agree, or are prevented by any other cause from giving a verdict, the case goes over, to await another trial. 6. "When a case has been decided by the verdict of a jury, on matters of fact, or by the court, on matters of law, or where the defendant has been defaulted, or, as is sometimes done, the plaintiff abandons his action and becomes nonsuited, judgment is rendered by the court for the prevailing party. When given for the defen- dant, the judgment usually is, that he recover his costs of suit; when for the plaintiff, that he recover his damages, or recover the debt or subject matter de- manded, together with his costs. If the judgment for damages be upon a verdict of a jury, it is for such sum as was assessed by the jury. In other cases the dam- ages are generally assessed by the court, or in practice, by the clerk, upon such sufficient evidence, as to the amount, as the plaintiff may produce. 7. The costs and charges of suit, to which the pre- vailing party is entitled, consist of certain outlays and aUowed fees, such as for the price of the ^Tit, service TRIAL OF CIVIL ACTIONS. 61 and entry ; for travel to and from court, and attendance there during the sitting of the court, by the party's attorney, to take charge of the suit; for travel and attendance of witnesses, and various other items. The party himself has judgment for the costs in his own name, but they or a sum equal to them, belong, properly, to the attorney, to be by him distributed among the several persons who have a right to them, as the sheriff, clerk, witnesses, and the attorney himself The attor- ney is entitled to receive the bill of costs of his client, whether he be able to collect them of the debtor or not ; the right, on the part of the persons employed, to a compensation for their services, not depending upon the success of the suit, 8. After judgment has been rendered, the prevailing party is entitled to an execution to put in force the sen- tence that the law has given. This is a writ, which issues from the clerk's office, and is addressed to the sheriff or his deputy, commanding him, according to the nature of the judgment in the case, to give the plaintiff possession of the subject matter of the action, or to collect and pay over to the plaintiff the amount of the debt or damages and costs recovered, or to the defen- dant the amount of his costs, out of the property and effects of the opposite party. In those states where imprisonment for debt is allowed, the officer is com- manded, for want of finding money, goods, and chattels, to the acceptance of the creditor, to commit the debtor to prison. 9. If the execution be not paid, when shown to the judgment debtor, or party against whom it runs, the sheriff may proceed to sell such of his property as he can find, and as is needed for the purpose. Out of the proceeds, he satisfies himself for his fees, pays the amount of the execution to the creditor or his attorney, and returns the residue, if any, to the debtor. Where, as in New England, property may be attached at the commencement of the action, or as it is called, on mesne process, such property is held until a specified time after judgment is rendered in the action, to answer to that 6 62 PROCEEDINGS IN CRIMINAL CASES. judgment in case the plaintiff shall prevail in his suit. The term mesne process is applied to the first and inter- mediate process or writs in an action, as contradis- tinguished from final process, which is the writ of execution. 10. When the execution is satisfied, the sheriff indorses upon it a statement or return to that effect, and then returns the writ to the court from which it issued, to be there filed away in the clerk's office, together with the papers and documents in the case, and preserved as an evidence that the demand to which it relates, has been settled. After a case has been finally disposed of, the clerk makes out a record of it, which is a brief history or abstract of the proceedings in the various stages of the case, from first to last, including all the orders and awards of the court in reference to it. These records are copied into substantially bound volumes, which are kept and preserved in the clerk's office for- ever afterwards, to be referred to when occasion may require. CHAPTER XVII PROCEEDINGS IN CRIMINAL CASES. 1. Under our laws, there is a provision for the pre- vention of crimes, which is highly salutary, inasmuch as preventive justice is incomparably better than punitive justice. This provision consists in requiring those per- sons, whom there is probable cause to suspect of future misbehavior, to enter into an obligation, with sufficient sureties, to the state, to keep the peace generally, and especially towards the person who makes the complaint, for a specified term of time. The person requesting the security must make oath to the truth of the com- plaint, and this is called swearing the peace against another. If the party do not find such sureties as the PROCEEDINGS IN CRIMINAL CASES. 63 justice, before whom the matter is brought, in his dis- cretion shall require, he may be committed to prison till he does furnish them. 2. A criminal prosecution is the means adopted to bring to justice, by due course of law, persons suspected of having committed crimes or offences. Such prose- cutions are carried on in the name of the state, and have for their principal object the general security and happiness of the community. When the party sus- pected is at large, it is commonly desirable, in the first instance, to have him arrested and taken into custody. An arrest, in criminal cases, is the apprehending or detaining of the person, in order to be forthcoming to answer an alleged or suspected crime. When a person is to be arrested, the proper and only safe course, where the circumstances of the case will admit, is, to obtain the authority of a magistrate, under which to proceed. 3. For this purpose, the party who knows or sus- pects that a criminal offence has been committed, usually goes before a justice of the peace, and states the grounds of his complaint. The justice interrogates, upon oath, the accuser and the witnesses, if any are produced, in relation to the subject matter. The com- plaint is reduced to writing, and subscribed by the complainant. Upon this, the justice, if he is of opinion that there is sufficient cause for instituting proceedings, issues a ivarrayit, in the name of the state, under his own hand and seal, setting forth the name of the per- son to be apprehended, if known, otherwise giving him the best description the nature of the case will allow, and reciting the substance of the accusation. 4. The warrant is directed to the sheriff or his deputy, or to a constable, or other peace officer, who is bound to arrest the party, if found within his precinct. The order may be either general, to bring the party before any justice of the peace for the county, or spe- cial, to bring him before the justice only who granted the warrant. If the officer succeeds in making the arrest, he is bound to carry the prisoner immediately, or as soon as seasonably may be, before the proper magis- 64 PROCEEDINGS IN CRIMINAL CASES. trate for examination. And such magistrate is required to take and complete the examination of all concerned, and to discharge, bail, or commit the individual accused, as soon as the nature of the case wiU allow, and within a reasonable time. 5. The complainant and his witnesses must be ready- to confront the prisoner, in whose presence the evi- dence must always be given, in order that he may have the advantage of cross-examining them, and contradict- ing their testimony. The party accused is not bound to criminate himself, nor, indeed, to answer any ques- tions ; but any admissions he may make, will ordinarily be evidence against him, on his trial. His examination, to make it evidence, should not be taken upon oath, the principle being, that every admission of the prisoner, to be available as evidence, must be purely voluntary. Accordingly, any confession obtained through improper influence, whether by promises or threats, however slight the inducement may have been, cannot be used as evidence. 6. If, upon the examination of the whole matter, it manifestly appears, that the suspicion entertained of the prisoner was wholly groundless, the magistrate may discharge him. But if he is of opinion that the party is not entitled to be completely discharged, he is then, except in case of those minor offences, for which he may himself try, judge, and sentence the accused, to determine whether he shall bail, or commit him to prison for safe custody. In most offences of inferior degree, bail must be received, if sufficient security be offered ; in some others of a higher grade, it may be taken or refused, in the discretion of the magistrate ; while, for the most atrocious crimes, and those which are punished capitally, no bail can be received by a magistrate. Persons charged with such crimes, it has been said, have no other sureties than the four walls of the prison. 7. Bail is defined to be a dehvery or bailment of a person to his sureties, upon their giving, together with himself, sufficient security for his appearance at the PROCEEDINGS IN CRIMINAL CASES. 65 time and place of trial ; he being supposed to continue in their friendly custody instead of going to prison. If the sureties are apprehensive that the party will escape, they may surrender him to the justice or court, and dis- charge themselves of their liability If there appears probable ground to suppose that the accused will be tried for the oflence, it is the duty of the magistrate, to take from such of the witnesses before him, at the examination, as may probably be able to give materia, evidence against the prisoner, an obligation, called a recognizance, to appear as witnesses at the next court having jurisdiction of the case. And if any witness refuse to enter into such recognizance, he may be com- mitted to prison. 8. Where a party has been apprehended for a crime that is not bailable, and upon the examination a case is made out sufficient to put him upon his trial, or where the cliarge is for an offence which is bailable, but no sufficient bail is offered, he must be committed to prison for safe custody. For this purpose, the justice makes out a wanant of commitment, called a mittimus, to the jailer, to receive the prisoner. Every final commitment thus made must be in writing, under the hand and seal of the justice, and in the name of the state, properly directed to the sheriff or his deputy, the constable, and jailer, and containing a sufficient description of the prisoner, aad specification of the accusation and of- fence, and the place, time, and mode of imprisonment. 9. When a person thus committed is advised that his commitment is illegal, or that he is entitled to be discharged or bailed by a superior jurisdiction, he may obtain relief by a writ of habeas corpus, so called from the emphatical words in the writ, commanding to have the body of the prisoner before the required tribunal. This writ is to be procured by motion to such higher court, in term time, or while the court is in session, or by application to a judge of the court, in vacation. In support of the application, an affidavit is usually re- quired, stating the circumstances under which the party considers himself entitled to relief If just cause be 6# 66 INDICTMENT AND ARRAIGNMENT OF CRIMINALS. shown, a writ issues, directed to the person in whose custody the apphcant is actually detained, who is bound, within a certain number of days, to make re- turn of the writ to the court or judge by whom it was issued. 10. In this return he is required to set forth whether or not he has the party in his custody, and if he has, by whom, when, and for what cause, he was committed ; and, at the time of making the return, he is to bring up the body of the person, if in his custody or power. When the prisoner, as also the depositions upon which the commitment was founded, and the warrant of com- mitment, with the writ of habeas corpus, are duly re- turned, the court or judge consider and determine whether to discharge, bail, or recommit him. The writ of habeas corpus is granted also in other cases where a person is illegally restrained or deprived of his liberty ; as, for example, where a minor has enlisted into the military or naval service, without the consent of his parent or guardian. CHAPTER XVIII. INDICTMENT AND ARRAIGNMENT OF CRIMINALS. 1. It is provided by the constitution of the United States, that, except in cases arising in the military or naval service, no person shall be held to answer for a capital or otherwise infamous crime, unless on a pre- sentment or indictment of a grand jury. At the open- ing of the court having jurisdiction of criminal matters, the grand jury having been first organized and sworn, the clerk directs the crier to make proclamation that all persons present keep silence while the judge delivers his charge to the grand jury. This charge or address is designed to instruct the jury in relation to the duties of their office ; but occasionally it is devoted chiefly INDICTMENT OF CRIMINALS. 67 to some collateral subject. When the charge is con- cluded, the grand jury retire to a separate room, to hold their deliberations. 2. All cases of persons who have undergone an examination on criminal charges, before justices of the peace, and have been either bailed or committed, and also other matters and complaints, come before the grand jury for investigation. They can, in general, inquire of nothing but what arises within their county or district. They hold their sessions in secret, examine witnesses upon oath, and receive other evidence that is laid before them. Any person who may be present on the occasion, is bound not to disclose what takes place. The grand juiy, for the most part, hear evidence only in support of the charge, and. not in exculpation of the defendant ; this being only a preliminary investigation, and not conclusive upon the party accused, and the duty of the grand jury being, merely to inquire whether there is sufficient ground for putting him on his trial before another jury of a diiferent description. 3. A presentment, properly speaking, is the notice taken by a grand jury, at their own instance, of some of- fence within their knowledge. An indictment is a writ- ten accusation of a person, preferred to a grand jury, and by them presented upon oath as true, setting forth the offence with sufficient certainty of time, place, and circumstances. Usually, by the help of the examinations returned by justices of the peace, and from other in- formation, a bill of indictment is framed, in the first instance, by the officer on the part of the government, and submitted to the grand jury, having indorsed upon it the names of the witnesses who are expected to give evidence against the party. An indictment must de- scribe the party accused, the nature of the offence, the time and manner of its commission, and other necessaiy particulars, in all material points conformably to the actual proofs. 4. When the grand jury have heard the evidence in a case, if they think the accusation not supported, they write on the back of the bill, " not a true bill ;" or " not 68 AREAIGNMENT OF CRIMINALS. found." If they are satisfied of the truth of the accusa- tion, they indorse upon the bill, "a true bill." This in- dorsement is signed by the foreman, and the bill is then said to be found. Having disposed of all the business before them, the grand jury return into court. The clerk then calls all the jurymen by name, to ascertain that they are present. He then inquires whether they have agreed upon any bills, and bids them present them to the court ; whereupon, the foreman hands them to the clerk, and the grand jury are then dismissed. At the close of the session, or earlier, all those persons in custody, against whom no bills have been found, are discharged. 5. It sometimes happens, that an indictment is pre- ferred and found against a person in his absence, which may be done equally well, since, if present, he could not be admitted or heard before the grand jury to op- pose it. But the indictment cannot, in general, be tried, unless the party accused be personally present. Ac- cordingly, if he has not been arrested, or does not appear, process issues, which is so denominated because '\\ pro- ceeds, or goes forth, in order to bring the defendant into court, to answer the charge alleged against him. The term signifies, generally, the writs or judicial means em- ployed in any action, civil or criminal, to compel the appearance of parties, or to enforce obedience to the mandates of the court. On indictments for offences of a heinous character, especially, the process that issues is a capias, which is a command to the sheriff or other officer, to take the individual, and have him before the court. 6. The party accused, being present in the proper court, is there arraigned; that is, he is called to the bar of the court, to answer the matter charged upon him in the indictment. The first part of this process consists in the clerk's calling upon the prisoner by his name, when brought to the bar, and, in capital cases, at least, commanding him to hold up his hand ; which is done in order that, by this physical act, the prisoner may be the more certainly identified as the party named in the in- ASSIGNMENT OF COUNSEL. 69 dictment. Next, the indictment is read to him distinctly, that he may fully understand the nature of the accusa- tion which he is called to meet ; and when that is fin- ished, the clerk concludes by asking the prisoner, " How say you, are you guilty or not guilty ? " 7. If the prisoner plead guilty, the confession is re- corded ; and then the matter rests till sentence is pro- nounced. But the court are very reluctant to receive such confessions, especially where the punishment is capital, and will sometimes, out of tenderness to the party's life, advise him to retract his plea. If he deny the charge, he answers, " not guilty ; " whereupon, the clerk, in behalf of the state, replies by two abbrevia- tions, " cul. init. " — which are explained to amount to a joinder of issue on the question of the prisoner's guilt, — and immediately proceeds to ask the prisoner, " How will you be tried? " to which he replies, " By God and my country ; " and the clerk, in the humane presump- tion of the party's innocence, subjoins, " God send you a good deliverance." And thus the form of the arraign- ment is concluded. 8. When the prisoner, upon his arraignment, has pleaded, " not guilty," counsel are assigned him by the court, if he be not already provided with counsel, to manage his defence ; and he is entitled to a speedy and pubhc trial. It is sometimes thought to involve a sacri- fice of principle to undertake the defence of supposed criminals. This is prejudging the guilt of the party ac- cused, since surely it would not be deemed derogatory to any man, to defend one who had fallen under suspicion of a crime, however atrocious, but who was really inno- cent. But it frequently happens, that in cases where the public feeling is the strongest against the accused, the guilt of the party cannot be known, for a certainty at least, to any one except him'self; and it would be unfortunate, if counsel, through the fear of being instru- mental in assisting the guilty to escape from justice, should, in fact, suffer the innocent to be sacrificed. 9. • Furthermore, every man is, in justice, entitled to the benefit of whatever can fairly be said in his vindi- 70 TRIAL IN CRIMINAL CASES. cation, be that little or much. Counsel cannot make out a case before an intelligent court and jury, unless they have something of which to make it. And it is not only the right of the accused, but it is for the inter- est of the community, that whatever means really ex- ist, should be fairly used and insisted upon in his de- fence. While the public security requires the punish- ment of the guilty, the safety ^of the innocent imperious- ly demands, that no man, be he guilty or otherwise, shall be punished but in pursuance of due process of law. It is the just pride of our country, that ours is a govern- ment of laws. If any man, however guilty, could be punished without the forms of law and of a trial, small would be the chance of the innocent, who had been so unfortunate as to turn upon himself the torrent of pop- ular indignation. CHAPTER XIX. THE TRIAL IN CRIMINAL CASES. 1. After the prisoner has been arraigned, and coun- sel assigned him, he is allowed a reasonable time to prepare his defence. In the mean time, a jury i« sum- moned, or more commonly, one is taken from the regu- lar panels returned to court. The time for the trial hav- ing arrived, and the prisoner being placed at the bar, the clerk calls the petit jurors, who answer to their names. When a full jury appears, the clerk addresses the prisoner, and says to him, " You are now set to the bar to be tried, and these good men whom you shall now hear called, are those who are to pass between the state and you ; if therefore you will challenge any of them, you must do it as they are called, and before they are sworn." 2. Challenges are either perernptory, or for 'cause. A prisoner who is to be put on trial for his life, is al- TRIAL IN CRIMINAL CASES. 71 lowed to challenge, without assigning any cause what- ever, a certain number of jurors, which by the common law was thirty-five, but the number is sometimes lim- ited by statute to twenty. This is, that the prisoner should not be tried by any one to w^hom, from his ap- pearance or otherwise, he conceives a dislike or pre- judice, nor by one who may have been provoked by an unsuccessful exception taken to him. After the pris- oner has exhausted the whole number of peremptory challenges allowed him, he may still challenge as many other jurors as he can show good cause for set- ting aside. And in all criminal cases, the accused, as well as the government, may always challenge for cause. 3. When a juror who has been called, is not chal- lenged, or the challenge is not allowed, he is sworn by the clerk, in substantially this form: "You shall well and truly try, and true deliverance make between the state and the prisoner at the bar, whom you shall have in charge, and a true verdict give according to the evi- dence." The juror who has been thus sworn, is set apart on the jury-box; and when a full jury of twelve unexceptionable men have been each sworn, in like manner, the clerk calls over their names, and directs the crier to count them, who does so, and then says to the jury, " Twelve good men and true, stand together and hear your evidence." The rest of the jurors in at- tendance are then discharged. 4. The jury having been thus organized and sworn, the clerk, in capital cases, calls to the prisoner at the bar to hold up his tiand, and then directs the jury to "look upon the prisoner and hearken to his cause." He then reads the indictment, and adds, "upon this indictment the prisoner has been an-aigned ; upon his arraignment he pleaded not guilty ; and for his trial has put himself upon God and the country, which country you are; so that your charge is to inquire whether he be guilty of the crime whereof he stands, indicted, or not guilty. If you find him guilty, say so ; if you find him not guilty, say so, and no more. Hear yoiu: evi- 72 TRIAL IN CRIMINAL CASES. dence." In trials for misdemeanors, or minor offences, the indictment is not always formally read over to the 5. The counsel for the prosecution, being usually the attorney general, or district attorney, or both of them, appearing officially in behalf of the state, then open the case, giving an outline of the indictment, and stating the circumstances of the offence, and the lead- ing facts which they expect to prove. The evidence on the part of the government is then put in, the wit- nesses being examined always in the presence of the prisoner. When the evidence for the prosecution is concluded, the counsel for the prisoner opens his case to the jury, states his grounds of defence, and intro- duces his evidence. The prisoner is entitled to have compulsory process to bring into court witnesses in his favor. The evidence for the defendant being all in, his closing counsel argues the case fully to the jury, and is followed by the closing counsel on the part of the state. 6. The counsel on both sides having concluded, the court next address the jury, instructing them in rela- tion to the law, and summing up the evidence in the case. The jury then retire to a room, provided for the purpose, in charge of a sworn officer, who is to keep them together, and apart from every one else. During their deliberations they are allowed no refreshment, without the permission of the court ; nor can they, but with the like permission, separate until they have agreed upon a verdict, in which they must be unani- mous. A jury sworn and charged in a capital case, cannot, unless from evident necessity, be discharged till they have given a verdict. During the progress of criminal trials especially, precautions are taken to keep the jury as far removed as possible from foreign influ- ences; and in capital cases, at least, if the court ad- journ from day to day, the jury retire together under the care of an officer. 7. When the jury have agreed upon their verdict, they return to the jury -box, the court being in session, TRIAL IN CRIMINAL CASES. 73 and the defendant present. The clerk then calls them by their names, to ascertain that they are all present, and asks them whether they have agi'ced on their ver- dict ; to which they answer in the affirmative. He then inquires, " Who shall speak for you ? " and some one replies, " The foreman." The clerk then requests the prisoner to hold up his hand, and the jury to look upon the prisoner, and say whether he is guilty or not guilty. The foreman answers as the verdict is, and the clerk having written down the answer upon the record, again addresses the jury : " Hearken to your verdict, as the court has recorded it. You say that the prisoner is guilty, (or not guilty, as the case may be,) of the crime whereof he stands indicted. So you say, Mr. foreman ; so say you all." 8. If the jury, by their verdict, find the prisoner not guilty, he is, in general, forever discharged of the ac- cusation, and on such acquittal, is immediately set at liberty. It is declared by the constitution of the United States, that no person shall be subject, for the same offence, to be put twice in jeopardy of life or limb. But if the jury find him guilty, he is then said to be convicted of the crime with which he was charg- ed; and judgment is afterwards pronounced against him by the court. There are several modes, by which, at the different stages, the proceedings may be vacated, if they have been, in any respect, essentially irregular or defective. In general, also, the executive is invested with the power of pardoning offences, after conviction. But if none of these means can be resorted to with effect, the judgment or sentence of the court is carried into execution, according to its terms. 74 IMPEACHMENTS. CHAPTER XX. IMPEACHMENTS. 1. By the constitution of the United States it is provided, that the house of representatives shall have the sole power of impeachment, and the senate the sole power to try all impeachments. And it is de- clared that the president, vice president, and all civil officers of the United States, shall be removed from office, on impeachment for, and conviction of treason, bribery, or other high crimes and misdemeanors. Pro- visions of substantially the same nature, are found in most of the state constitutions. The object of prose- cutions of this sort has been stated to be, to reach high and potent offenders, who would be likely to escape punishment in the ordinary tribunals, either from their own great influence, or from the imperfect organization and powders of those tribunals. 2. The process of impeachment is instituted by a formal accusation, called articles of impeachment, which are in the nature of a bill of indictment. When an officer, who is subject to this species of prosecution, is supposed to have been guilty of any official miscon- duct or malversation in office, the matter having been brought before the house of representatives, by motion of a member, or by memorial, or otherwise, is usually refeiTcd to a committee for investigation. If the com- mittee are of opinion that the case is such as to require the exercise of this constitutional power, they recom- mend in their report to the house, that the party be impeached. 3. If a majority of the house are in favor of im- peachment, a resolution is passed accordingly, and a committee of the house is then appointed to go to the senate, and in the name of the house of representa- tives and of the people, to impeach the party, and to IMPEACHMENTS. 75 acquaint the senate that, in due time, particular arti- ticles of impeachment will be exhibited against him, and made good. A committee of the house is next selected to prepare and report articles of impeachment, and when the house hav& agreed upon the articles, they choose managers to conduct the proceedings. On the day appointed by the senate for that purpose, the managers repair to the senate chamber, and the articles are there read by one of theh number, and handed in at the table of the secretary. 4. The senate issue process, which is served, and a return of it made, under oath, by the sergeant at arms of the senate, summoning the party accused, to appear before that body, on a stated day, to answer to the articles. On the day assigned, the senate re- solve themselves into a court of impeachment, and the party imn^ached is called to answer. If he does not appear, his default is recorded, and the charge may be tried in his absence. If he appears, an issue is framed between the government and the accused, and a time is fixed for the trial. The general rules of law and evidence, apphcable to common trials, are observed in the proceedings. The trial is conducted, on the part of the house, by their managers ; on the part of the accused, by himself and his counsel; and the senate sit as judges. 5. When sitting as a court of impeachment, the senators are required to be under oath or affirmation to do justice according to law. AVhen the president of the United States is tried, the chief justice of the su- preme court is to preside at the trial. There must be a quorum of the senate present, to try an impeach- ment, and no person can be convicted without the con- cuiTence of two thirds of the senators present. It is also provided by the constitution, that judgment in cases of impeachment shall not extend further than to removal from office and disqualification to hold and enjoy any office of honor, trust, or profit under the United States. But the person convicted is, neverthe- less, liable to indictment, trial, judgment and punish- 76 CONGRESS. ment, according to law. The provisions of the state constitutions, in this respect, are essentially the same. 6. The trial of impeachments being before a politi- cal tribunal, the offence is, for that purpose, regarded in a political point of view ; and the punishment ad- ministered is such as will serve to secure the public against political injuries, by taking from the offender the opportunity of doing further harm. But in so far as the offence is of a civil nature, it is left to be dis- posed of by the ordinary tribunals of justice, according to the laws of the land, upon an indictment found by a grand jury, and tried by a petit jury, as in common cases. Where the executive is invested with the power of pardoning offences, cases of impeachment are expressly excepted. For, otherwise, in the event of a corrupt coalition among the officers of government, the chief magistrate would have it in his power to screen the guilty, and frustrate the object of thfs kind of prosecution. CHAPTER XXI. CONGRESS. 1. All legislative power granted by the constitution of the United States, is vested in a Congress, consisting of a senate and house of representatives, which are independent bodies possessed of coordinate powers. The house of representatives is composed of mem- bers chosen every second year, in the several states, by persons qualified to vote for members of the more numerous branch of their own state legislature. No one can be a representative, who has not attained to the age of twenty-five years, and been seven years a citizen of the United States, and who is not, when elected, an inhabitant of the state in which he is cho- sen. Nor can any person be a member of either house, while he holds any office under the United States. CONGRESS. 77 2. The representatives are required to be appor- tioned among the states, according to their nnmbers, as determined by adding to the whole number of free persons, inchiding those bound to service for a terra of years, and exchiding Indians not taxed, three fifths of all other persons. This mode of determining the numbers was adopted with reference to the slaves. In the convention that framed the constitution, the slave- holding states contended for a representation according to the whole number of persons, without distinction of condition; the other states, for one according to the number of free persons only. The controversy was finally settled by a compromise, by which three fifths of the slaves were to be reckoned along with the free persons, and to be represented accordingly. 3. The number of inhabitants is ascertained by an actual enumeration, or census, made every ten years, and upon each new census there is a new apportion- ment of representatives, which goes into effect on the 4th of March of the third year after the census is taken. In making the apportionments, a practical diffi- culty arises, inasmuch as the number that may be fixed upon for the ratio, will never be an exact common divisor of the numbers in each state, but will leave a fraction in most or all of the states. The course pursued under the first five enumerations was to allow to each state one representative for every time the entire ratio adopted, was contained in its numbers, and to reject all fractions. But under the sixth census, that of 1840, an additional representative is allowed to each state, of which there are five, having a fraction greater than a moiety of the ratio, 4. By the constitution, the number of representa- tives cannot exceed one for every thirty thousand ; but each State is entitled to have at least one representa- tive. It was provided that an enumeration of the in- habitants should be made within three years after the first meeting of the congress of the United States. The number fixed to compose the house of repre- sentatives, until such enumeration should be made, 7* 78 CONGRESS. was sixty-five, who were specifically distributed among the thirteen states. The number of representatives, according to the several apportionments made upon the census of 1790, and each subsequent decennial census, and the ratios upon which those apportion- ments have proceeded, have been determined in such manner as congress has thought fit, in each case. Every organized territory of the United States is al- lowed one delegate, who has a seat in the house of representatives, with the right of debating, but not of voting. 5. The times, places, and manner of holding elec- tions for representatives, are left to be determined by the different state legislatures, but congress may, at any time, by law, make or alter such regulations. The representatives are generally chosen at the state elec- tions which are held next preceding the 4th of March on which their term is to commence. For the choice of representatives, most of the states have usually been divided into districts, each district choosing one or more representatives ; but in some of the states they have been chosen by general ticket, throughout the state. By the act of congress of 1842, the repre- sentatives of each state which is entitled to more than one, are required to be elected by districts composed of a contiguous territory, equal in number to the num- ber of representatives to which the state is entitled, no one district electing more than one representative. When vacancies happen in the representation of any state, it is the duty of the executive of the state, to issue writs of election to fill them. 6. The senate of the United States is composed of two members from each state, chosen by the state legislatures, for six years, and each senator has one vote. In the equal suffrage of the states in the sen- ate, a feature of the confederation is observable. Under that system each state had, in congress, one vote. In the convention which framed the constitution, the smaller states strove to retain this equality, which the larger states resisted. The basis of numbers was finally agreed to in reference to the house of repre- CONGRESS. 79 sentatives, and after a severe and protracted struggle, the basis of equality was conceded in regard to the senate. No person can be a senator who has not at- tained to the age of thirty years, and been nine years a citizen of the United States, and who is not, when elected, an inhabitant of the state for which he is chosen. 7. From the manner in which it is constituted, the senate might naturally be supposed to be a more stable and independent body than the house of repre- sentatives ; and such it was doubtless designed to be. But there is a provision superadded, which, without impairing the efficiency of the senate, serves to keep it sufficiently within the control of the people. At their first meeting under the constitution, the senators were, as directed by that instrument, divided as equally as possible into tliree classes, whose seats were to be va- cated at the expiration of two, four, and six years, respectively. The senators of states since admitted into the Union, have been equally distributed among these three classes, so that one third of the senate is renewed regularly every second year. 8. The provision as to the times and manner of choosing senators, is the same as in regard to the choice of representatives ; but congress has no authority to prescribe the place for choosing senators, it being deemed but reasonable tljat the state legislatures should select their" own place of sitting. In some of the states it is the custom to choose the senators by a joint vote of the two branches of the legislature, assem- bled in convention, and voting as one body. In others, they are chosen by a concurrent vote, each branch voting separately and independently, and their concur- rence being required for a choice. The latter mode is the more generally practised. If vacancies in its sena- torial delegation happen, by resignation or otherwise, during the recess of the legislature of any state, the executive of the state may make temporary appoint- ments, to continue until the next meeting of the legis- lature, which shall then fill such vacancies. 80 MEETINGS OF CONGRESS. CHAPTER XXIL MEETINGS AND PRIVILEGES OF CONGRESS. 1. The constitution declares that congress shall assemble at least once in eveiy year, and that such meeting shall be on the first Monday in December, un- less they shall by law appoint a different day. And on extraordinary occasions, the president may convene both houses, or either of them. The fii*st session of congress under the constitution, was held in the city of New York. Afterwards, the sessions were held at Philadelphia, until the year 1800, Tvhen the place of meeting was transferre'd to Washington, in the District of Columbia, which had been selected by congress, and ceded by Maryland and Virginia, to the United States, under authority of the constitution, to be the permanent seat of the national government. 2. The whole term of two years, for which repre- sentatives are elected, commencing on the 4th of March, is called one congress. The sessions have fre- quently, by special act of congress, or by proclamation of the president, commenced at an earlier day than that prescribed by the constitution, and in six instan- ces, there have been distinct extra sessions, thus mak- ing three sessions for each of those congresses. The first session of each congress may be continued indefi- nitely. Usually, the first regular session has not ex- tended beyond the month of May, succeeding its com- mencement ; but in a few cases it has been protracted as late as to July, and the session in 1842 continued till the end of August. The last session of the congress necessarily closes on the 3d of March, since the term of office of the representatives and of a part of the senators, then expires. 3. On the meeting of a new congress, the presi- dent of the senate calls that body to order, and qual- MEETINGS OF CONGRESS. 81 ifies the new members, and they then, through their secretarj^ acquaint the house of representatives, if such be the fact, that a quorum of the senate is assembled, and ready to proceed to business. The house of repre- sentatives is called to order by the clerk of the house for the preceding congress, who then calls, in the order of the states, the names of those persons who, from the proper evidence furnished to him, appear to have been elected members. When through, he announces the attendance of a quorum, if so many have answered. The house then proceed to the election of a speaker. This was always done by ballot, until a few years since, when the method of voting viva voce, that is, orally, was introduced into the house. The speaker holds his office for the entire congress. 4. On his taking the chair, an oath to support the constitution of the United States is administered to the speaker, usually by the oldest member of the house. The members are next called, in the order of the states, and as many as are present are sworn, in like manner, by the speaker. The others are quali- fied as they appear, before taking their seats. After the house is organized by the choice of a speaker, a message to that effect is sent to the senate. A joint committee is then appointed to wait on the president of the United States, and inform him that a quorum of the two houses has assembled, and that congress is ready to proceed to business. Thereupon, he usually sends, by his private secretary, a message to both houses, which is read in each by its secretary or clerk. Formerly it was the custom for the president, instead of sending a message, annually to deliver a speech to congress, to which each house returned a formal answer. 0. The vice president of the United States is, by the constitution, made president of the senate, but has no vote except in case of an equal division of the senators, when he has a casting vote. The senate choose a president pro tempore, that is, for the time being, in the absence of the vice president, or when he 82 PRIVILEGES OF CONGRESS. exercises the office of president of the United States, It is the practice for the vice president to vacate the chair, a short time before the close of each session, to enable the senate to choose a president ^^ro tempore, who may be already in office, in case the vice presi- dent, in the recess of congress, should be called to perform the duties of chief magistrate. The office of president pro tempore is understood to terminate, when the vice president appears and takes the chair. 6. The clerk of the house of representatives is deemed to continue in office until another is appointed ; which is usually done soon after the commencement of each congress. About the same time, the house choose a sergeant at arms, door keeper, postmaster, and a printer to the house of representatives. These officers are elected, at present, vwa voce, the speaker naming commonly three tellers to superintend the voting. The senate choose their secretary, sergeant at arms and door keeper, and assistant door keeper, by ballot, on the second Monday of the first session of each congress ; and they likewise choose a printer to the senate. Each house elects a chaplain, at every session. The secretary of the senate and clerk of the house of representatives, besides taking an oath of office, each give bond, in the sum of twenty thou- sand dollars, conditioned for the faithful application of such contingent funds of their respective houses, as shall come to their hands. 7. Members of congress are allowed eight dollars a day for attendance, and the same sum for every twenty miles of estimated distance, by the most usual route, from their several places of residence to the seat of government, at the commencement and end of eveiy session. But no member is entitled to receive a sum exceeding the rate of eight dollars a day, from the end of one session or meeting, to the time of taking his seat in another. The president of the senate pro tempore, when the vice president is absent, or his office vacant, and the speaker of the house of repre- PRIVILEGES OF CONGRESS. 83 sentatives, are paid eight dollars a day for attendance, in addition to their compensation as members. The amount of pay due to the senators is certified by the president of the senate; and that of the representa- tives and delegates, by the speaker. 8. Each house of congress is made the judge of the elections, returns, and qualifications of its mem- bers, determines the rules of its own proceedings, and is invested with authority to punish its members for disorderly behavior, and with the consent of two thirds, to expel a member. No power is expressly given to punish contempts, committed by persons not members, but it has been decided that such a power exists, ex- tending, however, not beyond imprisonment, which will terminate with the adjournment of congress. A ma- jority of each house constitutes a quorum to do busi- ness, but a smaller number may adjourn from day. to day, and may be authorized to compel the attendance of absent members. Neither house can, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses are sitting at the time. 9. Each house is required to keep a journal of its proceedings, which is to be pubhshed, except such parts as may, in their judgment, require secrecy; and they are to enter the yeas and nays on any question, upon their journal, when demanded by one fifth of the mem- bers present. This restriction is designed to prevent the waste of time by a recurrence to that mode of voting, at the caprice of one or a few individuals. The members of both houses are, except in cases of treason, felony, and breach of the peace, privileged from aiTest, during their attendance upon congress, and whilst going to its meetings and returning; and for any speech or debate in either house, they cannot be questioned elsewhere. No member of congress is allowed, during the time for which he was elected, to hold any civil office under the national government, which shall have been created, or the emoluments of it increased, within that time. 84 RULES AND PROCEEDINGS OF CONGRESS, 10. There are, at present, twenty-two regular standing committees in the senate, nineteen consisting of five, the others of three members each ; and thirty-three in the house of representatives, 'of which twenty-two contain nine, and eleven five members each. There are also, usually, several select committees on particu- lar subjects of immediate but temporary interest. The committees are appointed at the opening of each ses- sion, to continue in office through the session. Jn appointing their committees, the senate, by ballot, choose, separately, the chairman of each committee, and then, by one ballot, the other members to com- plete the committee. But sometimes it is left to the president of the senate to fill up the committees, after the several chairmen have been elected, or even to appoint all the members. In the house of represen- tatives, all committees are appointed by the speaker, unless otherwise specially directed by the house ; in which case, they are elected by ballot. CHAPTER XXIII. RULES AND PROCEEDINGS OF CONGRESS. 1. Each house of congress has its own separate rules ; and there are also certain joint rules of both houses. The rules established by the house of repre- sentatives, at least, for one congress, are not binding upon the succeeding house, until it has adopted them as its own. But, in practice, the same rules are con- tinued from congress to congress, with such occa- sional modifications and additions as circumstances are thought to require. At the hour appointed for the meeting of either house, the presiding officer takes the chair, and calls the house to order. Upon the appear- ance of a quorum, the journal of the preceding day is read, in order that any mistakes in the entries may RULES AND PROCEEDINGS OF CONGRESS. 85 be corrected. The speaker of the house of represen- tatives is required to examine and correct their jour- nal, before it is read. 2. No member of either house is allowed to absent himself from its service without leave. If a less num- ber than a quorum of the senate convene, they may send the sergeant at arms, or other authorized person, for members who are absent, at the expense of those members unless they shall offer a satisfactoiy excuse for their absence. Upon a call of the house of repre- sentatives, the names of the members are called over by the clerk, and the absentees are noted and called a second time. The doors are then shut, and those present, if fifteen in number, may order members to be taken into custody, as they appear, or may send special messengers for them. And when a member is dis- charged from custody and admitted to his seat, the house determine whether or not he shall pay fees and expenses. 3. In the senate, after the journal is read, the first business is the call for petitions, and then for reports from standing committees. The special orders of the day are not to be called by the chair before one o'clock, unless othei-wise directed by the senate. In the house of representatives, the speaker first calls for petitions from the several states and territories, in their order ; but after the first thirty days of the session, petitions are received only on the first day of the meeting of the house in each week. Reports of the standing, and then of the select committees, and afterwards resolu- tions, are called for. After an hour has been devoted to reports of committees and resolutions, any member may move to proceed to the orders of the day. The business of hearing petitions, reports and resolutions, cannot, except by permission of the house, be done at any other time in the day, than that which is appropri- ated to the purpose. 4. When a petition or memorial is presented in either house by the presiding officer or a member, a brief statement of the contents of it is required to be 8 86 RULES AND PROCEEDINGS OF CONGRESS. verbally made by the introducer. In each house, the unfinished business in which that house was engaged at the last jn-eceding adjournment, has the priority in the special orders of the day. In the house of repre- sentatives, the last two days in every week are set apart for the consideration of private bills, and private business, in preference to any other, if not otherwise decided by the house. After six days from the com- mencement of a second or subsequent session of any congress, matters which originated in the house of representatives, and at the close of the preceding ses- sion remained undetermined, may be resumed and acted upon, in the same manner as if no adjournment had intervened. 5. Every bill, previous to its passage, receives in each house, three readings, which, in the senate, must be on three different days, unless the senate unani- mously direct otherwise; and in the house of repre- sentatives, no bill can be read twice on the same day without the special order of the house. No member can, without leave, speak more than twice in any one debate, on the same day, in the senate ; nor, in the house of representatives, more than twice to the same question, nor more than once until every member has spoken who chooses to speak. Questions of order are decided by the presiding officer, subject to an appeal to the house. If it be determined that the member was in order, he mg.y proceed ; otherwise he cannot, unless the house grant him leave to proceed in order. The president of the senate and the speaker of the house, may name a member to perform the duties of the chair, but such substitution cannot extend beyond an adjourn- ment. 6. It is a standing order of the day throughout the session, for the house of representatives to resolve itself into a committee of the whole house on the state of the Union, Avhen bills that have been twice read are taken up and discussed. In the senate, bills on their second reading are, regularly, first considered by the senate in the same manner as if that body were RULES AND PROCEEDINGS OF CONGRESS 87 in committee of the whole, before they are proceeded on agreeably to the standing rules. Bills for raising revenue must, by the constitution, originate in the house of representatives-; but the senate may pro- pose or concur with amendments, as on other bills. No amendment can be received for discussion at the third reading of any bill in the senate, except by unanimous consent of the members present ; but at any time be- fore its final passage, a bill may be committed. In the house of representatives, no amendment by way of rider is allowed to any bill on its third reading. 7. - In taking the vote, if the question be one of much importance, the yeas and nays are commonly called for. In that case, the presiding officer states what the ques- tion is, and that it is proposed that the yeas and nays be entered on the journal ; and requests those who desire it, to rise. If one fifth of the members present rise, he then calls upon those who are in favor of the proposition, to answer in the affirmative, and those of the contrary opinion, to answer in the negative. The clerk or secretary then calls over the names of the members, alphabetically, notes the yea or nay of each, and hands the list to the presiding officer, who an- nounces the result of the vote. Every member in the house is required to vote, unless, for special reasons, he shall be excused by the house. 8. When the senate are equally divided upon a question, the secretary takes the decision of their president. The speaker of the house is allowed to vote in all cases of ballot, but not in other cases, un- less the house be equally divided, or unless his vote, if given to the minority, will make the division equal; and in case of such equal div^ision, the question is lost. After a question has been carried in the affirmative or negative, any member of the majority may move for a reconsideration of it. But this, in the senate, must be done on the day the vote was taken, or within the next two days of actual session of the senate, and while the subject matter is in their possession. In the house of representatives, the motion must be made on the 88 RULES AND PROCEEDINGS OF CONGRESS. same or the succeeding day, and it takes precedence of all other motions, except to adjourn. 9. In general, no rule of the house of represen- tatives can be suspended, nor the established order of business changed, except by a vote of two thirds of the members present. When a bill which has passed in one house is rejected in the other, notice of the rejec- tion is given to the house in which the bill passed ; and such a bill cannot be again brought in, during the same session, without ten days' notice, and leave of two thirds of the house in which it is renewed. It is a joint rule, though sometimes dispensed with, that no bill which has passed one house shall be sent to the other for concurrence, on either of the last three days of the session ; and that no bill shall be presented to the presi- dent for his approbation, on the last day of the session. 10 When nominations are made in writing by the president of the United States to the senate, a future day is assigned for taking them into consideration, un- less the senate unanimously direct otherwise. All information or remarks, concerning the character or qualifications of any person thus nominated to office, and all confidential communications, made by the pres- ident to the senate, are required to be kept secret by the members. While acting on confidential or execu- tive business, the senate chamber is cleared of all per- sons, except the members and officers of the senate. In like manner, when confidential communications from the president are received by the house of representa- tives, the house is cleared, and so continues while such matters, or others requiring secrecy, are under consider- ation. And, at any time, in case of disturbance or disorderly conduct in the galleries or lobby, the speaker is authorized to order them to be cleared. 11. When a treaty is laid before the senate for ratification, it is read first for information only. Its second reading is for consideration, and is on a subse- quent day, when it is taken up as in committee of the whole, and the question may be moved on any particu- lar article, '' Will the senate advise and consent to the POWERS OF CONGRESS. 89 ratification of this article ? " So, also, amendments may be proposed, either by inserting, or omitting words ; and in the latter case, the qnestion is, " Shall tlie words stand as part of the article ? " When through the whole, and the proceedings in committee have been confirmed in the senate proper, the votes are reduced into the form of a resolution for the ratification, with or ^vithout modification, as shall have been determined. The resolution is proposed on a subsequent day, when any one may move amendments to it. In all these cases, and on the final question for the ratification in the form agreed to, the concurrence of tw^o thirds of the senators present is requisite to decide afiumatively. CHAPTER XXIV. POWERS OF CONGRESS. 1. The powers of congress are either expressly confen-ed by the constitution, or are derived from it by implication. The powers specially enumerated are, to lay and collect taxes, duties, imposts and excises, to pay the debts, and provide for the common defence and general welfare of the Union; to borrow money on the credit of the United States ; to regulate com- merce with foreign nations, and among the several states, and with the Indian tribes ; to establish a uni- form rule of naturalization, and uniform bankrupt laws, throughout the United States ; to coin money, regulate the value of it, and of foreign coin, and fix the standard of weights and measures ; to provide for the punish- ment of counterfeiting the securities or coin of the United States; to establish post offices and post roads; to promote science and the useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their writings and discoveries ; 2. To constitute tribunals inferior to the supreme 8* 90 POWERS OF CONGRESS. court ; to define and punish piracies and felonies com- mitted on the liigh seas, and offences against the law of nations ; to declare war, grant letters of marque and re- prisal, and make rules concerning captures ; to raise, maintain, and govern armies and a navy; to provide for calling out, organizing, and disciplining the militia ; to admit new states into the Union ; to dispose of, and make regulations respecting the territory or other prop- erty of the United States ; to exercise exclusive legis- lation over the district wherein is the seat of the national government, and over all places purchased of the states, for the erection of forts, magazines, arsenals, dock yards, and other needful buildings ; and to make all laws that may be necessary and proper for carrying into execution the powers vested by the constitution in the government of the United States, or in any department or officer of it. 3. The power of taxation, above specified, is gener- ally understood as coupled with the clause that follows it ; as given, that is, for the purpose of raising the means to pay the public debts and provide for the common defence and welfare. Taxes, in a large sense, may be said to include all charges, of whatever name or kind, imposed upon the people, for the use of the govern- ment. The word duties is most frequently employed in the sense of customs, or money collected upon im- ports and exports. The term imposts, though properly applicable to all taxes imposed or laid upon goods and merchandise, is often restricted to the duties levied upon snch commodities as are imported, or brought into the country from abroad. Excises commonly signify inland charges, which are laid upon the consumption, sale or manufacture of articles, within the countr^^ All duties, imposts, and excises are required to be uni- form throughout the United States. 4. Piracy is robbery, or forcible depredation, on the high seas. The iern\ felony is applied to offences of an atrocious nature, and commonly to such as are punish- able with death. The high seas are understood to be- gin at loic water mDec. 2,1816 Apr. Mar. 30,1816 3,1817 149 92 181 117 ^ Henry Clay. 15J^ I Dec. 1,1817 ) Nov. 16, 1818 Apr. Mar. 20,1818 3,1819 151 108 142 114 \ Henry Clay. lej; I Dec. 6,1819 May 15,1820 162 143 > Henry Clay. J Nov. 13,1820 Mar. 3,1821 111 65 i J.W.Taylor,N.Y. ^^1 ' I Dec. 3,1821 May 8,1822 157 133 1 I P. P. Barbour, >Dec. 2,1822 Mar. 3, 1823 92 106 ( ^ Va. ib\[ I Dec. 1,1823 >Dec. 6,1824 May Mar. 27,1824 3,1825 179 88 212 124 I Henry Clay. 19. 1 Dec. 5,1825 2 Dec. 4,1826 May Mar. 22,1826 3,1827 169 90 162 103 1 John W. Taylor. 20 5 , I Dec. 3, 1827 May 26,1828 176 158 ^ A. Stevenson, ?Dec. 1,1828 Mar. 3, 1829 93 67 Va. ' 21 < , 1 Dec. 7, 1829 2 Dec. 6,1830 May Mar. 31,1830 3,1831 176 88 243 126 4 J A. Stevenson. 22 j , 1 Dec. 5,1831 2 Dec. 3,1832 July Mar. 14,1832 3,1833 223 91 311 147 3> 1 s A. Stevenson. 23 j , I Dec. 2,1833 June 30,1834 211 277 1? A. Stevenson. 2 Dec. 1,1834 Mar. 3,1835 93 113 ^ John Bell, Tenn. 24 j iDec. 7,1835 July 4,1836 211 377 1 ? James K. Polk, 2 Dec. 5,1836 Mar. 3,1837 89 81 r Tenn. r 1 Sept. 4,1837 Oct. 16,1837 43 11 ^ 25? 2 Dec. 4,1837 July 9,1838 218 277 ( James K. Polk. ^ 3 Dec. 3,1838 Mar. 3,1839 91 249 \ 26 j iDec. 2,1839 July 21,1840 233 106 <; R. M. T. Hunter, 2 Dec. 7,1840 Mar. 3,1841 87 41 Va. 27 5 1 May 31, 1841 2 Dec. 6,1841 Sept. Auff. 13,1841 31,1842 106 269 30 299 2) 4V John White, Ken. C 3 Dec. 5,1842!Mar. 3,1843 3 214 EXECUTIVE OFFICERS. IX. Compensation of the principal Executive officers of the Gov- ernment of the United States. Presidentj Salary. $25,000 Vice President, Salary. $5,000 - CABINET. Secretary of State, Salary. S6,000 Secretary of the Navy, Salary, $6,000 Secretary of Treasury 6,000 Postmaster General, 6,000 Secretary of War, 6,000 Attorney General, 4,000 Department of State. Salary. Salary. Chief Clerk, $2,000 Patent Office. Translator, 1,600 Commissioner, $3,000* Clerks,* Chief Clerk. 1,700 Treasury Department. Salary, Salary. Chief Clerk, $2,000 Treasurer's Office Comptrollers. Treasurer, $3,000 First Comptroller, 3,500 Chief Clerk, 1,700 Chief Clerk, 1,700 Second Comptroller, 3,000 Register's Office. Chief Clerk, 1,700 Register, 3,000 Auditors. Chief Clerk, 1,700 First Auditor, 3,000 Solicitor's Office. Chief Clerk 1,700 Second Auditor, 3,000 Solicitor, 3,500 Chief Clerk, 1,700 Clerk, 1,150 Third Auditor, Chief Clerk, 3,000 1,700 General Land Offic e. Fourth Auditor, 3,000 Commissioner, 3,000 Chief Clerk, 1,700 Principal Clerks, (three ) 1,800 Fifth Auditor, 3,000 Recorder, 1,500 Chief Clerk, Auditor for P. 0. Dep. 1,700 Solicitor, 2,000 3,000 Secretary to sign Patents ,, 1,500 Chief Clerk, 2,000 * Clerks in the Departments, other than the Chief Clerks, receive usually from $1,000 to $1,400 a year ; Messengers, commonly $700. EXECUTIVE OFFICERS. 215 Chief Clerk, Indian Affairs. Commissioner, Chief Clerk, Superintendents, Agents, Sub-Agents, . Interpreters, Pension Office. Commissioner, War Department Salarjr, $2,000 3,000 1,600 1,500 1,500 750 300 Salary, $1,760 Chief Clerk, Bounty Lands. Principal, 1,600 Clerk, 1,150 Paymaster GeneraVs Office. Paymaster General, 2,500 Chief Clerk, 1,700 Surgeon GeneraVs Office. Surgeon General, 2,500 Clerk, 1,150 Navy Department, Salary. Chief Clerk, $2,000 Na/vy Yards Sf Docks. Chief of Bureau, 3,500 Civil Engineer, 2,000 Draughtsman, 1,000 Ordnance Sf Hydrography, Chief of the Bureau, 3,500 Salary. Construe. EquipH Sf Repairs. Chief of Bureau, $3,000 Assistant Constructor and Draughtsman, 1,600 Provisions ^ Clothing. Chief of Bureau, 3,000 Medicine Sf Surgery. Chief of Bureau, Post Office Department. Salary, i Ass't P. M, Gens, (three) $2,500 1 Chief Clerk, Officers of the Mint. Director, Treasurer, Chief Coiner, $3,500 2,000 2,000 Assayer, Melter and Refiner, Engraver, Surveyors General, Ohio, Indiana and Michigan, Illinois and Missouri, Mississippi, Louisiana, Alabama, Florida, Arkansas, Wisconsin and Iowa, Stationed at Cincinnati, St, Louis, Jackson, Donaldson ville, Florence, Tallahassee, Little Rock, Du Buque, 2,500 Salary. $2,000 Salary. $2,000 2,000 1,500 Salary. $2,000 2,000 2,000 2,000 2,000 2,000 1,500 *1,500 * And $350 a year for office rent, fuel, and incidental expenses. 216 ARMY. X. Pay and Allowances of the Army. Grade. 1 ^4 l£ dll z <£l c gi: Slllf Major General, 1 $200 15 7 4 Brigradiers Generalj 2 104 12 5 2 Adjutant General, (Col.) 1 90 6 5 2 Assistant Adjutants General, (Majors) 2 60 4 4 2 Assistant Adjutants General, (Captains) 4 50 4 3 1 Inspector General, (Col.) 1 90 6 5 S Quartermaster General, (Brigadier Gen.) 1 104 12 5 i J Assistant Quartermasters General, (Col.) 2 90 6 5 2 Deputy Quartermasters General, (Lt.Col.) 2 75 5 4 2 Quartermasters, (Majors) 4 60 4 4 2 Assistant Quartermasters, (Captains) 28 50 4 3 1 I Commissary Gen. of Subsistence, (Col.) 1 90 6 5 5 I Assist. Comiss'y. Gen. of Subsist. (Lt.Col.) 1 75 5 4 2| Commissaries, jMajors) Commissaries, (Captains) 2 60 4 4 J I 4 50 4 3 1 Surgeons, (Majors)='^ 20 60 4 4 2 Assistant Surgeons, (Captains)* 52 50 4 3 1 Paymasters, (Majors) Colonels,! 15 60 4 4 2 17 75 6 4 2 Lieutenant Colonels,! 18 60 5 3 2 Majors,! 26 50 4 3 2 Captains,! 172 40 4 1 First Lieutenants,! 208 30 4 1 Second Lieutenants,! 168 25 4 1 Sergeant Majors, 14 17 1 Quartermaster Sergeants, 14 17 1 First Sergeants, 140 16 1 Other Sergeants, 420 13 1 Corporals, 660 9 1 Principal Musicians, 22 17 1 Musicians, 280 8 1 Farriers and Blacksmiths, 20 11 1 Artificers, 80 11 1 Privates, 6040 7 1 Cadets, 250 16 2 Chaplains, 20 40 4 * Surgeons and Assistant Surgeons, after ten years' faithful service in those grades, are entitled to double rations. In regard to additional pay, rations and allowances, see page 126 of the text. t The pay here stated is that allowed in the Artillery and Infantry. The pay oi officers of Dragoons, of Ordnance, Engineers, and Topo- graphical Engineers, is the same as that of Officers of corresponding grade in the Staff; which term embraces all in the above table, to Com • missaries incluaive. NAVY AND MARINES. 217 XI. Annual Pay of Officers of the Navy. Grade and Number. Pay. Captains. — 67. Senior Captain, in service, S4,500 On leave, or waiting orders, 3,;500 Others, com'ding squadrons. On other duty. Off duty, Commanders. — 96. In sea service. At navy yards, &c.. On leave, or waiting orders, Lieutenants. — 320 Commanding, On other duty, Waiting orders, Surgeons.*— 70. 4,000 3,500 2,500 2,500 2,100 1,800 1,800 1,500 1,200 First five years, Second five years. Third five years. Fourth five years, After twenty years. 1,000 1,200 1,400 1,600 1,800 Passed Assist. Surgeons. — 9. Waiting orders, 850 At navy yards, &c., 1,150 At sea, 1,200 Assistant Surgeons. — 57. Waiting orders, 650 At sea, navy yards, &c., 950 Chaplains. — 24. In sea service. On leave, or waiting orders. Profs, of Mathematics. At sea, or navy yards. 1,200 800 -17. 1,200 Grade and Number. Pay. Pursers. — 63. Of ships of the line, $3,500 Frigates and razees, 3,000 Sloops and steamers, 1st class, 2,000 Brigs, schooners, &c., 1,500 At four of the navv yards, 2,500 At Portsm. Phila. and Wash., 2,000 At naval stations, l,.f)00 In receiving ships, elsewhere, 1,.500 At Boston, N. Y.and Norfolk, 2,500 On leave, &c., pay of surgeons. Passed Midshipmen. — 103. On duty, Waituig orders. 750 600 Mi dshipmen . — 450. In sea service, On other duty, On leave, or waiting orders. 400 350 300 Masters. — 15. Of ships of the line. On other duty. On leave, or waiting orders. 1,100 1,000 750 Second Masters. — 15 In sea service, On other duty, On leave, or waiting orders, 750 500 400 Masters' Mates. — 4. In sea service, &c. On leave, or waiting orders, 450 300 BoATSWAiNS,32 ] Ships of line, 800 Gunners, 41 I Other duty, 700 Carpenters, 36 | On leave, &C.500 Sailmakers, 33 J Same,af 10 y. 600 The Marim Corps consists of 1 colonel, 1 lieut. col., 4 majors, 13 captains, 20 1st lieuts., 20 2d lieuts., 1 adj't and inspector, 1 pay- master, 1 quartermaster, 1 assistant quartermaster, 1 sergeant major, 1 quartermaster sergeant, 1 drum major, 1 fife major, 80 sergeants, 80 corporals, 30 drummers, 30 fifers, and 1000 privates. They receive the same pay and emoluments as the Infantry and Artillery. * Surgeons at navy yards are entitled to an increase of one fourth, in sea service, of one third, and as fleet surgeons, of one half the amount of their respective annual pay. 19 218 CIRCUIT AND DISTRICT COURTS. XII. Judicial Circuits and Districts, number of stated annual sessions of the Courts, places where they are held, and salaries of the District Judges. a 1 1 Sessions of Salaries of "9 DktricU. Circuit Disl. Places where the Courts are held. District j Court. Court. Judges. ' 1 Maine, 2 4 Portland, Wiscasset. $1,800 1 1 N. Hampshire, 2 4 Portsmouth, Concord. 1,000 Massachusetts, 2 4 Boston. 2,500 Rhode Island, 2 4 Providence, Newport. 1,500 > Vermont, 2 2 Rutland, Windsor. 1,200 2- 1 Connecticut, 2 4 Hartford, New Haven. 1,500 'ivrY jS.Dist. l^-^-JN. Dist. 4 12 New York. [Canandai.f 3,500 2 5 Albany,Utic.* Buff.* Roch.=* 2,000 ' 1 New Jersey, Ip, jE.Dist, f^- |W. Dist. 2 4 Trent.,t N.Bruns.,*Burling.* 1,500 3 2 4 Philadelphia. 2,500 2 4 Pittsburg, Williamsport.* 1,S00 iDelaware, 2 4 Newcastle, Dover. 1.500 4- Maryland, 2 4 Baltimore. 2,000 Va. E. Dist. 2 4 Richmond, Norfolk.* 1,600 W. Dist. 1 8 Lewisburg, Staunt.,*Clarks- 1,600 ' S. Dist. 2 2 Mobile. [burg,* Wythe C.H.=* Ala.- M. Dist. 2 Tuscaloosa.* ■ 2,500 5- N. Dist. 2 Huntsville.* La. E. Dist. 2 3 New Orleans. 3,000 W. Dist. 1 Opelousas Court House.* • ■ S. Dist. 2 Wilmington.* N.C. M. Dist. 2 2 Raleigh,t Newbern.* • 2,000 6- N. Dist. 2 Edenton.* s.c. E. Dist. W. Dist. 2 4 Charleston, Columbia.f 1 2,500 1 Laurens Court House.* Georgia, 2 4 Savannah, Milledgeville.t 2,500 Ohio, 2 2 Columbus. 1,000 7- Michigan, 1 2 Detroit. 1,500 Indiana, 1 2 Indianapolis. 1,000 Illinois, 1 2 Springfield. 1,000 Kentucky, 2 2 Frankfort. 1.500 f E. Dist. 1 2 Knoxville. " 8- Ten.^ M. Dist. 2 Jackson.* •1,500 t W. Dist. 1 2 Nashville. JVIissouri, 1 2 St. Louis. 1,200 9 *. i S. Dist. ^'^' \ N. Dist. 2 2 2 Jackson. Pontococ* I 2,000 Arkansas, 1 2 Little Rock. 2,000 * t In the places marked (*), only District Courts are held ; at those marked (f), only Circmt Courts; at the others, both Circuit and District Courts. POST OFFICE ESTABLISHMENT. 219 XIII. Number of Post Offices, Extent of Post Roads, and Revenue and Expenditures of the Post Office Department; vnth the amount paid to Postmasters, and for Transportation of the Mail* Yeaw. Number of Post Offices. Extent of Post Roads. Revenue of the Dejurtment. Expenditures of the Department. Amount paid for Compensation of Postmasters. Transportatioq of the Mail. 1790 75 1,875 $.37,935 $32,140 $8,198 $22,031 1795 453 13,207 160,620 117,893 30,272 75,359 1800 903 20,817 230,804 213,994 69,243 128,644 1805 1,558 31,076 421,373 377,367 111,552 239,635 1810 2,300 36,406 551,084 495,969 149,438 327,966 1815 -3,000 43,748 1,043,065 748,121 241^901 487,779 1916 3,260 48,673 961,732 804.422 265,944 521,970 1817 3,459 52,039 1,002,973 916^515 303,916 539,189 1818 3,618 59,473 1,1:30,235 1,035,832 346,429 664,611 1819 4,000 67,586 1,204,737 1,117,861 375,328 717,831 1820 4,500 72,492 1,111,927 1,160,926 352,295 782,425 1821 4,650 78,808 1,059,087 1,184,283 337J599 815,681 1822 4,799 82,763 1,117,490 1,167,572 355,299 788,618 1823 4,043 84,860 1,130,115 1,156,995 360,462 767^464 1324 5,182 84^860 1,197,758 1,188,019 3S3J804 768,939 1825 5,677 94,052 1^306,525 1,229,043 411,183 785,646 1826 6,150 94,052 1,447,703 1,306,712 447,727 835,100 1827 7,003 105,336 1,524,63:3 1,468,959 486,411 942,345 1828 7,530 105,336 1,659,915 1,039,945 548,049 1,036,313 1829 8,001 iisjooo 1,707,418 1,782,132 559,237 1,153,646 laso 8,450 115,176 1,850,583 1,932,7(B 595,2:34 1,274,009 1831 8,636 115^486 1,997,811 1,936,122 635,023 1,252,226 18:32 9,205 104,466 2,258,570 2,266,171 715,481 1,482,507 ia33 10,127 119^916 2,617,011 2,9:30,414 826,283 1,894,6:38 1834 10,693 119,916 2,823,749 2,910,605 897,317 1,925,544 1835 10,770 112,774 2,99:3,356 2,757,350 945.418 1,719,007 1836 11,091 118,264 3,408,.323 2,841,766 812,803 l,a33,052 1837 11,767 141.242 4,100,6a5 3,303,428 891,352 1,996,727 1838 12^519 134,818 4,2:35,073 '4,621,837 933,948 3,131,303 1839 12,780 133,999 4,477,614 4,654,718 980,000 3,285,622 1840 13,468 155,739 4,539,265 4,759,110 1,028,925 3,296,876 1841 13,778 155,026 4,379,296 4,443,768 1,018,645 2,934,389 * The Revenue of the Post Office Department is derived chiefly from postage; a trifling amount from Ji//es and pe?iaktes for violations of the post office laws. The Expenditures of the department, consist of the Items for compensation of postmasters, and transportation of the mail, and certain other miscellaneous expenses. 220 PUBLIC REVENUE. XIV. Statement of the Receipts into the National Treasury, from Customs. Internal Revenue and Direct Taxes, and Sales of Public Lands. Teara. Customs. Internal and direct Taxes. Sales of lands Aggregate of Receipts In eacii year. In each period of four years. 17S9-91 $4,399,473 $4,399,473 1792 1793 3,443,071 4,255,306 $208,943 337,706 3,652,014 4,593,012 $8,051,487 1794 4,801,065 274,090 5,075,155 1795 5,588,461 337,755 5,926,216 1796 1797 6,567,988 7,549,650 475,290 575,491 $4,836 83,541 7,048,114 8,206,682 22,642,497 1796 7,106,062 644,358 11.963 7,762,383 1799 6,610,449 779,136 7,389,585 1800 1801 9,030,933 10,750,779 1,543,620 1,.582,377 444 167,726 10,624,997 12,500,882 33,985,647 1802 12,438,236 828,464 183,628 13,455,323 1803 10,479,418 287,059 165,676 10,932,153 1804 1805 11,093,565 12,936,487 101,139 43,631 487,527 540,194 11,687,231 13,520,312 48,575,594 1806 14,667,698 75,865 765,246 1.5,508,809 1807 15,845,522 47,734 466,163 16,359,469 1808 1809 16,363,550 7,296,021 27,370 11,562 647,939 442,252 17,033^859 7,749,835 62,427,449 1810 8,583,309 19,879 696,549 9,299,737 1811 13,313,223 9,962 1,040,238 14,36:3,423 18^ 1813 8,958,778 13,224,623 5^762 8,561 710,428 835,655 9,674,968 14,068,a39 41,087,903 1814 5,998,772 3,882,432 1,135,971 11,017,225 1815 7,282,942 6,840,733 1,287,959 15,411,634 1816 1817 36,306,875 26,283,348 9,378,344 4,512,288 1,717,985 1,991,226 47,403,204 32,786,362 87,900,902 1818 17,176,385 1,219,613 2,606,565 21,002,563 1819 20,283,609 313,214 3,274,423 23,871,276 1820 1821 15,005,612 13,004,447 137,847 98,377 1,635,872 1,212,966 16,779,331 14,315,790 94,440,032 1822 17,589,762 88,617 1,803,582 19,481,961 1823 19,038,433 44.580 916,523 20,049,536 1824 1325 17,878,326 20,098,714 40,865 28,102 934,418 1,216,090 18,903,609 21,342,906 72,750,896 1826 23,341,a32 23,228 1,393,735 24,76.3,345 1827 19,712,233 22,513 1,495,345 21,230,641 1828 23,205,524 19,671 1,018,309 24,243,504 91,580,396 PUBLIC REVENUE. 221 1829 1830 1831 1832 1833 1834 1835 1836 1837 1833 1839 1840 Total, $22,681,966 21,922,391 24,224,442 28,465,237 29,032,509 16,214,957 19,391,311 23,409,940 11,169,290 16,153,800 23,OO0J0OO 13,499,502 $25,838 29,141 17,440 18,422 3,153 4,216 14,723 1,099 $1,517,175 2,329,356 3,210,815 2,623.331 3,967,682 4,857,601 14,757,601 24,877,180 6,776,237 3,081,939 6,141,330 3,292,236 $24,224,979 24,280,888 27,452,697 31,107,040 33,003,344 21,076,774 34,163,635 48,288,219 17,945,527 19,240,739 29,141,a30 16.791,788 $107,065,604 136,531,972 83,129,384 746,735,376 34,995,340 10^.379,107 890,169,823 Loans negotiated^ and Treasury Notes issued. Ye-.rs. Amount Years. Amount | In each yeax. In each period of four years. In each year. In each period of four years. 1789-91 1792 1793 1794 1795 1796 1797 1798 1799 1800 1801 1802 1803 1804 1805 1806 1807 18(8 1809 1810 1811 1812 1813 1814 1815 1816 $5,791,113 5,070,80() 1,067,701 4,609,197 3,305,268 362,800 70,136 308,574 5,074,646 1,602,435 10,125 5,597 9,533 128,815 48,898 1,822 2,759,992 8,309 12,837,900 26,184,435 23,377,912 35,264,321 9,494,436 $10,861,919 1817 1818 1819 1820 1321 1822 1823 1824 1825 1826 1827 1828 1829 1830 1831 1832 ia33 1834 1835 1836 ia37 1833 1839 1840 $734,5-13 8,765 2,291 3,040,824 5,000,324 5,000,000 5,000,000 2,992,989 12,716,6^1 3,857,276 5,539,548 Total, $3,786,423 9,344,966 10,000,324 7,055,791 5,000,000 25,255 179,535 15,606,201 25,156,634 94,321,104 181,338,152 19a 222 EXPENDITURES. XV. Statement of the Expenditures of the United States, exclu- sive of payments on account of the Public Debt, and from, Trust Funds. Yean. CivU liat, foreign imercourse, and miscellaneous. Military establisliment.* Naval establishment. Aggregate of Sxpendiiures In each year. In each perioa of four years. 1789-91 $1,083,401 $835,618 $570 $1,919,589 1792 1798 654,257 472,450 1,223,594 1,237,620 53 1,377,904 1,710,070 $3,797,493 1794 705,598 2,733,540 61,409 3,500,547 1795 1,367,037 2,573,059 410,562 4,350,658 1796 1797 772,485 1,246,904 1,474,661 1,194,055 274,784 382,632 2,521,930 2,823,591 12,083,205 1798 1,111,038 2,130,837 1,381,348 4,623,223 1799 1,039,392 2,532,693 2,858,082 6,480,167 1800 1801 1,337,613 1,114,763 2,625,041 1,755,477 3,448,716 2,111,424^ 7,411,370 4,981,669 21,338,351 1802 1,462,929 1,358,589 915,562 3,737,030 1803 1,842,630 944,958 1,215,231 4,002,825 1804 1805 2,191,009 3,768,533 1,072,017 991,136 1,189,833 1,597,500 4,452,859 6,357,224 17,174,433 1806 2,891,037 1,540,431 1,649,341 6,031,109 1807 1,697,897 1,564,611 1,722,064 4,934,572 1808 1809 1,423,286 1,215,804 3,196,935 3,771,109 1,834,068 2,427,759 6,504,a39 7,414,672 23,927,244 1810 1,101,145 2,555,693 1,654,244 5,311,032 1811 1,367,291 2,259,747 1,965,566 5,592,604 1812 1813 1,633,088 1,729,435 12,187^046 19,906,362 3,959,365 6,446,600 17,329,499 28,032,397 36,147,857 1814 2,208,029 20,603,366 7,311,291 30,127,636 1815 2,898,871 15,394,700 8,660,000 26,953,571 1816 1817 2,989,742 3,518,937 16^475,412 8,621,075 3,903,273 3,314,598 23.373,432 15,454,610 108,537,086 1818 3,835,839 7,019,140 2,953,695 13,803,674 1819 3,067,212 9,335,421 3,847,640 16,300,273 1820 1821 2,592,022 2,223,122 6,154,518 5,181,114 4,387,990 3,319,243 13,134,530 10,723,479 53,698,087 1822 1,967,996 5,635,187 2,224,459 9,827,642 1823 2,022,094 5,258,295 2,503,766 9,734,155 1824 1825 7,155,308 2,748,544 5,270,255 5,692,831 2,904,532 3,049,034 15,330,145 11,490,459 45,665,421 1826 2,600,178 6,243,236 4,218,902 13,062,316 1827 2,314,777 5,675,742 4,263,873 12,254,397 1828 2,886,052 5,701,203 3,918,786 12,506,041 49,313,213 * For the items included under this head, see page 196 of the text. EXPENDITURES. 223 1829 $3,092,214 $6,250,530 $3,-308,745 $12,651,489 1330 3,228,416 6,752,639 3,239,429 13,220,5-34 1831 3,064,-346 6,943,239 3,356,183 13,863,768 1832 1833 4,574,341 5,051,789 7,982,377 13,096,152 3,956,370 3,901,357 16,514,083 22,049,293 $56,249,879 1834 4,399,779 10,064,428 3,9-56,260 13,420,467 1835 3,720,167 9,420,313 3,864,939 17,005,419 1836 1837 5,383,371 5,524,253 13,466,110 19,417,274 5,800,763 6,352,060 29,655,244 31,793,587 87,130,423 1833 5,666,702 19,936,312 5,941,381 31,544,395 1839 5,026,644 13,546,071 6,132,294 24,755,009 1840 Total, 5,492,031 10,366,236 6,031,039 22,389,356 110,432,347 132,537,364 342,773,605 155,234,075 630,545,044 Payments of the Public Debt, and to redeem Treasury Notes. Years. In each year. fn each period of lour years. Years. In each year. In each period of four years. 1789-91 1792 1793 1794 1795 1796 1797 1798 1799 1800 1801 1802 1803 1804 1805 1806 1807 1306 1809 1810 1811 1812 1813 1314 1315 1316 $ 5,287,950 7,263,666 5,819,505 5,801,.578 6,064,412 5,835,846 5,792,422 3,990,294 4,596,877 4^578,370 7,291,707 9,539,005 7,256.159 8,171^787 7,369,890 8,989,835 6,307,720 10,260,245 6,452,554 8,008,904 8,009,204 4,449,622 11,1(»,123 7,900,544 12,628,922 24,871,063 $12,551,616 1817 1318 1819 1820 1821 1822 1823 1824 1825 1826 1827 1823 1829 1830 1331 1832 1833 1834 1835 1836 1837 1838 1839 1340 $2-5,423,036 21,296,202 7,70-3,926 8,628,494 8,367,094 7,848,949 5,530,016 16,568,394 12,095,-345 11,041,082 10,003,663 12,163,4.38 12,383,868 11,355,743 16,174,378 17,840,309 1,543,543 6,179,565 58,191 21,823 5,605,720 10,906,413 5,474,119 Total, $6-3,051,6^ 23,541,341 33,314,453 18,957,963 45,303,533 32,258,658 57,754,303 32,927,740 7,781,299 26,920,284 22,003,030 56,508,652 437,879,580 19b 224 COINAGE AND GOLD. XVI. Statement of the Coinage at the Mint of the United States. Yean, Number of Pieces. Value. Years. Number of Pieces. Value. 1793-5 1796 1,834,420 1,219,370 $453,542 192,130 1819 1820 5,074,723 6,492,509 $1,425,325 1,864,786 1797 1,095,165 125,524 1821 3,139,249 1,013,977 1798 1,368,241 5i5,598 1822 3,813,788 915,510 1799 1,365,681 645,907 1823 2,166,485 967,975 1800 3,337,972 571,335 1824 4.786,894 1,858,297 1801 1,571,390 510,956 1825 5,178,760 1,735,894 1802 3,615,869 516,076 1826 5,774,4:34 2,110,679 1803 2,780,a30 370,693 1827 9,097,845 3,024,243 1804 2,046,839 371,828 1828 6,196,853 1,741,381 1805 2,260,361 333,240 1829 6,684,501 2,306,875 1806 1,815,409 801,084 1830 8,-357,191 3.155,620 1807 2,731,345 1,044,596 1331 11,792,284 3,923,474 1808 2,935,838 982,055 1832 9.128,337 3,401,055 1809 2,861,8:34 634,753 1833 10,307,790 3,765,710 1810 3,056,418 1,155,368 1834 11,637,64:3 7,388,423 1811 1,649,570 1,103,741 1835 15,99(5,342 5,668,667 1812 2,761,646 1,115,220 1836 13,719,333 7,764,900 1813 1814 1,755,331 1,833,859 1,102,271 642,536 18:37 1838* 13,010,721 15,780,311 3,299,893 4,206,540 1815 68,867 20,433 1839* 11,811,594 3,576,467 1816 2,888,ia5 56,786 1840* 10,5.58,240 3,426,632 1817 1818 5,163,967 5,537,084 647,267 1,345,065 1841* Total, 8,811,968 2,240,322 256,873,336 86,331,209 Gold of the United States deposited for Coinag e. Years. Amount Deposited Aggregate in each year. At the Mint , at Philadel phiii, from At the Branch Mints. Virginia. North Carolina. South Carolina. Georgia. Other States. 1829 $2,500 $134,000 $3,500 $140,000 1830 24,000 204,000 26,000 $212,000 466,000 1831 26,000 294,000 22,000 176,000 $2,000 520,000 1832 34,000 458,000 45,000 140,000 1,000 678,000 ia33 104,000 475,000 66,000 216.000 7,000 863,000 1834 62,000 330,000 38,000 415,000 3,000 898,000 1835 60,400 263,500 42,400 319,900 12,300 698,500 1836 62,000 148,100 55,200 201,400 300 467,000 1837 52,100 116,900 29,400 83,600 282,000 1838 55,000 66,000 13,000 36,000 1,700 $263,400 435,100 1839 57,600 53.500 6,300 20,300 800 246,740 385,240 1840 38,995 36,804 5,319 91,113 4,535 249,419 426,185 1841 Toted, 25,736 76,431 3,440 139,796 3,075 293,639 542,117 604,331 2,815,235 355,559 2,051,109 35,710 1,053,198 6,806,142 * Including the coinage of the Branch Mints. INDEX Actions, civil, proceedings in, 54. Trial of, 58. Adjournment, motion for, 35. Ad valorem duties, 185. Agents, Indian, 123. Aliens, 166. Alloy in coins, 198. Ambassadors, 160. Amendments, to bills, 36, 37, 39. Of the constitution of the United States, 23. American Colonial governments, 15. Appearance, entry of, 5&. Appellate jurisdiction, 94. Apportionment of Representa- tives in Congress, 77, 210. Appraisers, 186, 188, 190. Approval of Lav^rs, by the Exec- utive, 39, 109. Aristocracy, 12. Army, of the United States, 124, 216. Arraignment of criminals, 68. Arrest, in criminal cases, 63. Articles, of confederation, 19. Of impeachment, 74. Assignee, in bankruptcy, 177. Assignment of counsel to crim- inals, 69. 19c Attainder, bill of, 91. Of trea- son, 92. Attorney Greneral, 48. Of the United States, 100. Attorneys, and counsellors, 48. District, 48, 100. Auditors, of the treasury, 116, 119. B. Bail, 64. When receivable, 64. Bank, book, 202. Bills, 202. Bankruptcy, proceedings in, 175. Voluntary and compulsory, 176. Assignee in, 177. Com- missioners in, 178. Banks, different offices of, 201. Bills of, 202. Biennial Register, 114. Bill, of indictment, 67. Finding of, 68. Of lading, 163. Bills, introduction of, into the house, 31 . Commitment of, 32. Proceedings upon, in commit- tees, 32. Readings of, 31, 36. Debate upon, 37, 38. Engross- ment and passage of, 38. En- rolment of, 39. Readings of, in Congress, 86. Bank, 202. Blue book, 114. Blockade, 166. 226 INDEX. Bounty lands, 122. Branches, of the mint, 197. Brevet rank, 125. Bullion, gold and silver,deposited at the mint, 199. Bureaus, in the departments, 110. In the department of state, 112. In the navy department, 121. Business, order of, in legislative assemblies, 33. In Congress, 85. Cabinet, of the President, 110. Cadets, at the JVlilitary Academy, 127, 128, 216. Call, of the house, 85. Capias, 68. Capital trials, 71. Capitation tax, 92. Cargo, in whose keeping, 183. Casting vote, 42. Census, 77. Chairman of committees, 32. Challenge, of jurors, 57, 71. Chancellor, 48. Chancery, courts of, 46, 47. Chaplains, of Congress, 82. Charges d' Affaires, 161. Charge, to jury, 59, 66, 72. Charter governments, 17. Checks, 202. Circuit courts of the United States, j urisdiction of, 95. Ses- sions of, 98, 218. Circuits, judicial, 98, 218. Circulation, banks of, 201. Civil, actions, 54. List, 222. Clearance, of vessels, 182. Clerk, of the House of Repre- sentatives, 29, 82. Clerks, of courts, 48, 62. Of the courts of the United States, 100. Clothing, in the army, 126. Coinage, at the mint, 198, 224. Coins, standard of, 198. For- eign, 199. Collection districts, 188. Collectors, of customs, 188, Colonial governments, 15. Colonies, American, 15. Color, laws respecting persons of, 174. Commissioner, of Pensions, 122. Of Indian Affairs, 123. Of pa- tents, 144. Of the general land office, 154. Commissioners, former board of, for the navy, 121. In bank- ruptcy, 178. Commitment, of bill, 32. Of prisoner, 65. Committees, of legislative bodies, 30, 32. Chairman of, 32. Of Congress, 84. Committee of the whole, 30, 86. Commodore, 129. Common law, 45. Companies, incorporated, 2C1. Compromise act, 195. Comptrollers of the treasury, 116, 119. Concurrent vote, 79. Confederation, articles of, 19. Congress, continental, 18. Congress, of the United States, 76. Organization of, SO. Ses- sions of, 80, 212. Officers of, 82. Privileges of, 83. Com- mittees of, 84. Rules of pro- ceeding in, 84. Powers of, 89. Prohibitions upon, 91. Consignment, of goods, 183. Consignor and consignee, 183. Constables, 50. Constitutional questions, how settled, 44, 95. Constitution of the United States, formation of, 21. Adoption of by the States, 22. Amendments of, 23. Nature of, 23. Constitutions of the States, 24, 205. Consuls, 161. Continental Congress, 18. Contraband of war, 165, Contracts for conveying the mail, 134. Convention, at Philadelphia, 21. INDEX. 227 Conviction, of criminals, 73. Copyrights, 147. Coroners, 50. Corporations, 200. Public, 200. Private, 201. Corruption of blood, 92. Costs, of suits, 60. Council, executive, 41. Counsel, in civil actions, 59. In criminal cases, 69, 72. Counsellors and attorneys, 48. County solicitors, 48. Court, meaning of, 47. Courts, various kinds of, 45. Or- ganization of, 47. Of the Uni- ted States, ' - ritories, 99, Crier, of the court, 50. Criminal prosecutions, 63. Criminals, indictment of, 67. Arraignment of, 68. Pleas of, 69. Trial of, 70. Conviction of, 73. Cross-examination, of witnesses, 58. Crow^n, 16. Customs, 194. D. Damages, in actions, 55. As- sessment of, 60. Dead letters, 138. Debate, rules of, 33. In Con- gress, 86. Debenture, 184. Declaration, of Independence, 19. In actions, 55. Of w^ar, 164. Default, 56. Defendant, in a suit, 55. Delegates, in Congress, 78. Delivery, ports of, 180. Of car- go, 187. Democracy, 12. Departments, executive, 110. Department, of state, 112. Of the treasury, 115. Of war, 120. Of the navy, 120. Of the post office, 132. Deposit, of money with the States, 193. Of bullion at the mint, 1 99, Banks of, 201 . Of money at banks, 202. Deputy sheriffs, 49. Despotism, 12. Direct taxes, 92, 192. Director, of the mint, 197. Discount, banks of, 201. Discounting, 201. Discriminating duties, 163. Distributing post offices, 137. Distribution of proceeds of the public lands, 158, 193, 194. District attorneys, 48. Of the United States, 100. District courts, jurisdiction of, 96. Sessions and judges of, 99, 218. District judges, salaries of, 99, 218. Districts, judicial, 99, 218. Col- lection, 188. Dividends, 202. Docket, of court, 56. Doorkeepers, 29. To Congress, 82. Drawback, 184. Duties, 90. Discriminating, 163. On Imports, 184, 194. Ad va- lorem and specific, 185. How estimated, 186. Collection of, 188. Internal, 192. Tariffs of, 195. On goods imported in foreign vessels, 196. E. Elections, for Representatives in Congress, 78. Electors, qualifications of, 26, 205. Of President and Vice President, 102. Embargo, 164. Enrolment, of vessels, 180. Entering appearance, 56. Entry, of actions, 56. Ports of, 180. Of goods, 185. Equity, courts of, 46. Examination of witnesses, 58. On criminal charges, 64. Excises, 90. Exclusive jurisdiction, 94, 228 INDEX. Execution, writ of, 61. Return of, 62. Executive departments, 110. — Heads of, 110. When offices of to be open. 111. ■Executive power, in the colonies, 16. In the States, 41, 208. Expenditures, of the United States, 196, 222. Ex post facto laws, 91, 93. Extra sessions, of Congress, SO. Federal population, 172. Frac- tions of, 211. Felony, 90. Final process, 62. Fire, insurance against, 203. Mu- tual insurance companies, 203. Florida, cession of, 153. Forage, allowed to officers, 126. Foreign, ministers, 160. Coins, 199. Intercourse, 222. Foreman, of jury, 53, 54, 60, 68. Forfeiture, 92. Fractions, of federal population, at each apportionment of Rep- resentatives in Congress, 77, 211. Franking, privilege of, 142. Fugitives, fromjustice, 25. From labor, 25, 173. Furlough, 130. General land office, 154. Com- missioner, and recorder of, 154. Solicitor of, 155. Gold deposited at the mint and branches, 199,224. Gold coins, of the United States, 198. Foreign, 199. Goods, shipment of, 183. Entry of, 185. Landing of, 187. Governments, different kinds of, 11. Popular, formation and na- ture of, 13. American colo- nial, 1 5. Of the United States, and the States, 24. Governors, under the colonial governments, 16. Of the States, 41. Qualifications and duties of, 41, 208. Grand juries, 51. How com- posed, 53. Oath of, 53. H. Habeas corpus, writ of, 65, 66. Not to be suspended, unless, 91. Heads of departments, 110. Re- ports of, 111. High seas, 90. Hospitals, marine, 131. House, meaning of the term, 30. House of Representatives, in the States, 27. Of the United States, 76, 81, 210. I. Impeachments, 74. Importation, of persons, 169. Imports, duties on, 184, 195. Imposts, 90. Incorporation, acts of, 201. Incorporated companies, 201. Independence, declaration of, 19. Indian affairs, commissioner of, 123. Superintendents of, 123. Indian, agents, sub-agents, and interpreters, 123. Country, 123, 124, 153. Indians, removal of, 124. Indictment, of criminals, 67. Inferior officers, of the United States, how appointed, 108. Inquests, of coroners, 50. Inquisition, 50. Insolvent laws, 175. Inspectors, of customs, 187, 190. Insurance, 202. Different kinds of, 203. Policy of, 202. International relations, 163. Inteipreters, Indian, 123. Invoice, of goods, 183. Issue, in actions, 57. Of law and of fact, 57. INDEX. 229 Joint ballot, 41, 79. Journal, of legislative bodies, 29. Of the houses of Congress, S3, 84. Judges, office of, 47. Appoint- ment and salaries of, 48, 209. Of the courts of the United States, 97, 209, 218. Judgment, in civil actions, 60. In impeachments, 75. Judgment debtor, 61. Judicial power, in the colonies, 17. Office of the, 44. Of the United States, 94. Judicial, circuits, 98. Districts, 99. Jurisdiction, of the supreme court of the United States, 94. Of the circuit courts, 95. Of the district courts, 96. Juries, different kinds of, 51. Con- stitution of, 51. Grand, 51, 53, 66, 67. Petit, 51, 54. In civil actions, 57, 59. For criminal trials, 70, 72. Verdict of, 60, 73. Jurors, selection of, 51, 52. Oath of, 53, 57, 71. Challenge of, 57, 71. May be witnesses, 59. In the courts of the United States, 97. Jury, trial by, in what cases, 96. In the courts of the United Stales, 97. Justices of the peace, 46. Land offices, 155. Lands, public, how surveyed and divided, 157. Sales of, 158. Proceeds of sales of, 158, 193. Law, common, 45. Courts of, 46. Issue of, 47. Of nations, 91. Laws, enactment of, 36. Ap- proval of, 39, 109. Rv post facto, 91, 93. Of the United States, how published and dis- tributed,113. Preemption, 159. Bankrupt and insolvent, 175. Laying on the table, 36. Leave of absence, in the navy, 130. Legation, secretaries of, 161. Legislative power, in the colo- nies, IS, In the States, 27. Of the United States, 76. Legislatures, meetings and offi- cers of, 29, 207. Organization powers and privileges of, 29. Letters of marque and reprisal, 91, 164. Letters, way, 135. Conveyed by ship, 135. How disposed of at post offices, 137. Post- age of, 140. Publication of list of, 149. Liberty, natural and civil, 15. Lieutenant Governor, presides in the Senate, 29. Office of, 42. Life insurance, 203. Loans, 193. Louisiana, purchase of, 152. Slavery prohibited in a part of, 153. M. Magazines, postage on, 141. Mail, carriage of the, 133. Con- tracts for carrying the, 134. Majority, 41. Managers, in cases of impeach- ments, 15. Manifests, 171, 180. Manufactures, protection of, 195. Manuscripts, publication of, 148. Marine, hospitals, 131. Corps, 132, 217. Insurance, 203. Marque and reprisal, letters of, 91, 164. Marshals, in the courts of the United States, 101. Meetings, of legislatures, 29, 207. Memorandum, written on papers, 142. Mesne process, 62. Migration, of persons, 169. Military, Academy, at West Point,127. Establishment,222. Ministerial officers of courts, 49. Ministers, foreign, 160. Resi- dent, 161. 230 INDEX. Mint, of the United States and its branches, 197. Officers of, 197. Coinage of, 198, 224. Gold deposited at, 199, 224. Mittimus, 65. Monarchy, 12. Absolute and limited, 12. Mutual insurance companies, 203. N. National government, 24. Nations, law of, 91. Neutral, 165. Naturalization, 167. Naval, officers, of the customs, 169. Storekeepers, 131. Es- tablishment, expense of, 222. Navigation, 179. Navy, department of the, 120. Secretary of, 120. Bureaus of, 121. Agents, 131. Yards, 131. Navy of the United States, force of the, 128. Officers of the, 129. Negative, executive, upon law^s, 39, 109. Neutral nations, 165. Newspapers, postage on, 142, Nev*^ States, admission of, 149. Nominations of officers, by the executive, 42, 88. Nonsuit, 60. Notes, treasury, 192. O. Oath, of public officers, 26. Of grand jurors, 53. Of petit ju- rors, 57, 71. Of the President of the United States, 107. In the army, 124. In the post of- fice department, 132. Obligation, to keep the peace, 62. Officers, public, 26. Of legisla- tive bodies, 29. Of courts, 47, Of Congress, 82. Nomina- tions of, 42, 88. Of the Unit- ed States, how appointed, and how removable, 108, 110, Of the army, 125, 216, Of the navy, 129, 217. Of the reve- nue, 188. Of the mint, 197. Oligarchy, 12. Opinion, of the court, 45, Order of business and debate, 33. In Congress, 85. Orders of the day, 35. In the Senate of the United States, 85. Ordinance, of 1787, 152, 172. Organization, of courts, 47. Of Congress, 81, Original jurisdiction, 94. Orphans' courts, 47. Pamphlets, postage on, 141. Panel, of jurors, 52. Pardoning power, 76. Parliamentary rules, 33. Patent office, 144. Officers of, 144, Burnt, 146. Patents, commissioner of, 144. How obtained, 144, 146. Form of, 146. Penalty for violation of, 147. For lands, 155. Pay, of senators and representa- tives, 28, 206. Of members of Congress, 82, Of Governors, 41, 208. Of the President and Vice President, 109. Of Judges, 48, 209, 218. Of clerks, and sheriffs, 49, 50. Of officers of the courts of the United States, 100. Of postmasters, 137. Of officers of the revenue, 189, 190. In the army, 126, 216. In the navy, 130, 217. Pensions, laws relative to, 122. Commissioner of, 122. Permit, 171, 186. Petit juries, 51. How compos- ed, 54. Oath and office of, 57, 71. Verdict of, 60, 73, Petitions, presentation of in Con- gress, 85, In bankruptcy, 176. Piracy, 90. Plaintiff, in a suit, 55. Pleadings, in actions, 48, 57. INDEX. 231 Plurality, 41. Policy, of insurance, 202. Poll tax, 92. Popular governments, formation and nature of, 13. Ports, of entry, ISO. Of deliv- ery, 180. Postage, rates of, 140. Post captain, 130. Post office department, 132. Au- ditor of the treasury for, 117. Revenue and expenditures of, 133, 219. Postmaster General, duties of the, 132. Postmasters, appointment and duties of, 136. Compensation of, 137. Penalties upon for violations of post office law^s. 139. Have the privileges of franking, 143. Postponement, motion for, 36. Powers of Congress, S9. Pre-emption laws, 159. Presentment, by a grand jury, 67. President of the United States, qualifications and choice of, 101. Electors of, 102. Votes for, how returned and counted, 103. Choice of, by the House of Representatives, 104, 105. Successor in case of vacancy, 105. New election for, 105. Inauguration and oath of, 107. Powers of, 107. Compensa- tion of, 109. President, of the Senate, 29. Pro tempore^ of the Senate of the United States, 81. Presiding officers, duties of, 34. In Congress, when may vote, 87. Previous question, 35. Privateers, 165. Private letters, publication of, 149. Privileged questions, 35. Privileges of legislative bodies, 29. Of Congress, 83. Prize money, 165. Probate, courts, judges and reg- isters of, 46. Proceeds of public lands, 158, 193, 194. Process, 49, 68. Mesne, and final, 62. Prohibitions, upon Congress, 91. Upon the States, 93. Proprietaries, 16. Proprietary governments, 16. Prosecution, criminal, 63. Provincial governments, 16. Publication, of laws of the Uni- ted States, 113. Of mail con- tracts, 133. Of list of letters, 138. Of manuscripts, 148. Public domain of the United States, 157. Public lands, surveying and divis- ion of, 157. Sales of, 158, 193. Proceeds of, 158, 193, 194. Public officers, 26. Publishers of the laws, compen- sation of, 114. Q. Qualifications, of electors or vo- ters, 26, 205. Of Senators and Representatives, 28, 206. Of Governors, 41, 208. Of mem- bers of Congress, 76, 79. Of President of the United States, 101. Questions, of order, 34. In what order put, 35. Privileged, 35. On readings of bills, 37. On the passage of laws. 38. Quorum, 23. In the State legis- latures, 29. In Congress, 83. R. Rates of postage, 140. Rations, in the army, 126, 127, 216. In the navy, 130, 131. Readings of bills, 31, 36. In Congress, 86. Receivers of public money, 155. Recognizance, of witnesses, 65. Reconsideration of a vote, 39. In Congress, 87. 232 INDEX. Record of cases, 62. Recorder, of the general land office, 154. Register, of wills, 46. Of pro- bate, 46. Of the treasury, 118. Of land offices, 155. Registry, of vessels, 179. Removal, of officers of the United States, 108. Of Indians, 124. Reporter, of decisions, 49. Reports, of committees, 33. Of cases, 45, 49. In Congress, ! 85. By heads of departments, I 111. Of the arrival of vessels, ' 181, 189. Representatives, in State legis- tures, 27. Qualifications and pay of, 28, 206. Representatives in Congress, qualifications of, 76. Appor- tionment of, 77, 21 C. When and how chosen, 76, 78. Pay of, 82. Republicanism, 12. Return, of venire, 52. Of writ, 55. Of execution, 62. Of writ of habeas corpus, 66. Revenue, officers of the, 188. Cutters and boats, 190. Of the post office department, 133, 219. Of the United States, 191, 220. Surplus, 193. Rules, of proceeding and debate, 33. In Congress, 84. Sales of public lands, 158. Pro- ceeds of, 158, 193, 194. Seal, of the States, 43. Of the United States, 113. Secretary, of the Senate, 29, 82. Of state, in the States, 43. Of state, of the United States, 112. Of the treasury, 115, Of war 120, 121. Of the navy, 120, 121. To the President, to sign patents, 154. Of lega- tion, 161. Sections, of the public lands, 158. Senate of the United States, how constituted, 78. Organization of, 81. Secretary of, 82. Senates, of the States, 27. Senators, in Congress, when and how chosen, 78, 79. In the State legislatures, 28, 206. Sergeant at arms, 29. Service, of writs, 55. Sessions, of State Legislatures, 29, 207. Of Congress, 80. Sheriffs and deputies, 49. Shire town, 49. Silver coins, 198, 199. Slavery, introduced into the col- onies, 169. Prohibited in a part of the territory of the United States, 152, 153, 172, 174. Laws relative to, 173. Where it exists, 174. Slave trade, 169. Foreign, ^170. Domestic, 171, 174. Slaves, fugitive, 25, 173. Rep- resentatives for, 172, 210. Social compact, 14. Solicitor, of the treasury, 119. Of the general land office, 155. Solicitors, county, 48. Speaker, of the house of Repre- sentatives, 29, 81. Specific duties, 185. Squatters, 159. State, governments, 24. Depart- ment of. 112. Secretary of, 43, 112. ' States, constitutions of the, 24, 205. Restrictions upon the, 93, New, admission of, 149. Statutes, when they take effect, 40. Stockholders, in companies, 201, 202, Subpoena, for witnesses, 58. Suffrage, 13. Summons, for a party, 55. For a witness, 58. Supercargo, 183. Supernumerary jurors, 54. Supreme court of the United States, jurisdiction of, 94. Judges and sessions of, 98. INDEX. 233 Supreme courts, 43. Surplus revenue, 193. Surrogate, 46. Surveyors, general, of public lands, 157, 215. Of ports, 189. Swearing the peace against one, 62. T. Talesmen, 53. Tariffs of duties, 195. Taxation, power of in Congress, 89, 90. Taxes, different kinds of, 90, 92. Direct, 92, 192. Tender, in payment of debts, 197, 199. Territories, allowed a delegate in Congress, 78. Courts of, 99. Governments of, 153. Territory, public, subject to dis- position of Congress, 152. Townships, 158. Traverse juries, 51. Treason, against the United States, 92. Attainder of, 92. Treasurer, in the States, 43. Of the United States, 117. Treasury, department of the, 115. Secretary of, 115. Reg- ister of, 118. Solicitor of, 119. Notes, 192. Treaties, consideration of in the Senate, 88. How made, 163. Trial, of civil actions, 58. In criminal cases, 70. Of Im- peachments, 75. U. Underwriter, 202. United States, independence of the, acknowledged, 20. Con- stitution of the, 21. Universal suffrage, 13. V. Venire, for jurors, 51. Return of, 52. Verdict of jury, 57. In civil actions, 60. In criminal ca- ses, 72, 73. Vessels, of war, 128. Of the United States, 179, 196. Reg- istry of, 179. Enrolment of, ISO. Entry of, 180. Clear- ance of, 182. Vetoes, executive, 109. Vice President of the United States, presides in the Senate, 81. How chosen, 101. When chosen by the Senate, 104, 105. Succeeds to the office of Pres- ident in case of vacancy, 105. Compensation of, 109. Violations, of post office laws, 134, 139. Of patents, 147. Of laws respecting the slave trade, 171. Of the revenue laws, 187. Viva voce, voting, 81 . Vote, concurrent and joint, 79. Voters, qualifications of, 26, 205. Voting, by yeas and nays, 87. W. War, department of, 120. Sec- retary of, 120. Vessels of, 128. Declaration of, 164. Warrant, of arrest, 63. Of com- mitment, 65. W^arrant officers, 129. Way letters, 135. West Point, Military Academy at, 127. Witnesses, attendance and ex- amination of, 58. Recogni- zance of, 65. Writs, 49, 55. Service and re- turn of, 55. Entry of, 56. Of habeas corpus, 65. Year, fiscal, of the treasury, 119. Of the post office, 134. Yeas and nays, voting by, 87. UNIVERSITY OF CALIFORNIA LIBRARY This book is DUE on the last date stamped below. Fine schedule: 25 cents on first day overdue 50 cents on fourth day overdue One dollar on seventh day overdue. ^Feb APR 14 1966 8 a D'-'" ICLF fNVl RtC'D LD APR 141966 LD 21-100m-12,'46 (A2O12sl6)4l20 R 111973 11