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 m<irk, or the place to which the water
POWERS OF CONGRESS. 91
recedes, when the tide is at its ebb, and to embrace all
the waters of the ocean, and those on the seacoast
below that point. The laio of nations denotes the rules
and regulations which custom has prescribed, in rela-
tion to the rights and duties of nations and their sub-
jects, in their intercourse with each other. Letters of
marque and reprisal are commissions granted by the
government to individuals, authorizing them to seize
the property of a foreign state, or of its subjects, as
a reparation for injuries suffered.
5. There are certain express prohibitions laid upon
congi-ess by the constitution. The writ of habeas
corpus shall not be suspended, unless when in cases
of rebellion or invasion the public safety may require
it. No bill of attainder, or ex post facto law, may be
passed. No capitation or other direct tax can be laid,
unless in proportion to the census. No tax or duty shall
be laid on articles exported from any state. No prefer-
ence is to be given, by any regulation of commerce or
revenue, to the ports of one state over those of another.
No title of nobility may be granted by the United States ;
and no person holding any office of profit or trust under
them, can, without the consent of congress, accept of
any present, office or title from any king, or foreign
state. Congress can make no law respecting an es-
tablishment of religion, or prohibiting the free exercise
of it; or abridging the freedom of speech, or of the
press ; or the right of the people peaceably to assem-
ble, and to petition the government for a redress of
giievances.
6. A hill of attainder is properly an act passed by
the legislature, convicting a person of a capital or other
heinous crime, without a trial, or legal proof of his guilt.
It is a substitution of the despotic will of a legislative
body, in the place of a regular trial by jury, before a
court of justice, and according to the rules and forms of
law. Ex post facto laws are such as have a retrospec-
tive operation. As here used, the phrase relates to
penal and criminal proceedings, imposing punishments
or forfeitures. An ex post facto law has been defined
92 FOWERS OF CONGRESS.
to be one which makes an act punishable in a manner
in which it was not punishable when it was committed.
The effect of such laws is to create or aggravate public
offences, by declaring acts criminal which, at the time
they were done, were innocent and lawful, or by annex-
ing a heavier penalty to acts, which were in a degree
criminal when committed.
7. Treason against the United States is defined by
the constitution to consist only in levying war against
them, or adhering to their enemies, giving them aid
and comfort. To convict a person of this crime re-
quires the testimony of two witnesses to the same overt,
or ope7i act ; or confession in open court. Congress is
authorized to declare the punishment of treason, but it
is provided that no attainder of treason shall work cor-
ruption of blood, or forfeiture, except during the life of
the person attainted. By attainder of treason is de-
noted the condition of a person after judicial convic-
tion and sentence for treason. By the common law,
the regular consequences of attainder were forfeiture
and corruption of blood; that is, the estate of the attaint-
ed person was forfeited, or confiscated to the crown,
and his blood lost all inheritable qualities, so that he
could neither inherit real estate himself from any
ancestor, nor hold that he already possessed, nor trans-
mit it to any heir ; and, moreover, he obstructed all de-
scents to his posterity, wherever they were obliged to
derive a title through him from a more remote ancestor.
8. A capitation tax, is ^poU tax, or a tax upon the
person. Direct taxes are such as are assessed directly
upon the persons or estates of citizens, in contradistinc-
tion to taxes which are raised indirectly, from duties
and imposts levied upon goods and merchandise, and
which are paid by those who import, manufacture,
consume, or traffic in the articles subject to such duties.
Direct taxes are laid in proportion to the census, the
numbers being determined according to the same rule as
for the apportionment of representatives ; so that they
are imposed for three fifths of the slaves, as well as for
all free persons. This provision in, regard to direct
POWERS OF CONGRESS. 93
taxes was considered as in some sort a counterpoise
for allowing that proportion of the slaves to be repre-
sented. But in fact, it has been of little practical
importance, since direct taxes have been but rarely
laid, there having been no more than three or four
since the constitution was adopted.
9. The constitution also imposes some restrictions
upon the states. It declares that no state shall enter
into any treaty, alliance or confederacy ; grant letters
of marque and reprisal; coin money; emit bills of cred-
it; make any thing but gold and silver coin a tender
for debts ; pass any bill of attainder, ex post facto law,
or law impairing the obligation of contracts ; or grant
any title of nobility. jMo state is allowed, without the
consent of congress, to lay any duties on imports or
exports, except, under certain restrictions, for executing
its inspection laws. Neither can any state, without
the like consent, impose any duty on tonnage, keep
troops or ships of war in time of peace, or enter into
any agreement or compact with another state, or with
a foreign power, or engage in war, unless actually
invaded, or in such imminent danger as will not admit
of delay.
10. Besides those that have been already refen-ed
to, there are some salutary provisions of a general
nature, designed as safeguards against encroachments
upon the liberties of the people. It is provided that the
right of the people to keep and bear arms shall not be
infringed. No soldier can, in time of peace, be quar-
tered in any house, without the consent of the owner ;
nor, in time of war, but in a manner to be prescribed by
law. Private property cannot be taken for public use,
without just compensation. It is declared that the right
of the people to be secure in their persons, houses,
papers and effects, against unreasonable searches and
seizures, shall not be violated; and that no warrants
shall issue but upon probable cause, supported by oath
or affirmation, and particularly describing the place to
be searched, and the persons or things to be seized.
94 NATIONAL JUDICIARY.
CHAPTER XXV.
THE NATIONAL JUDICIARY.
1. By the constitution, the judicial power of the
United States is vested in a supreme court, and in such
inferior courts as congress may, from time to time,
order and establish. Congress has established circuit
courts, which are courts of limited, though not of inferior
jurisdiction, and district courts. The judicial power ex-
tends to all cases arising under the constitution, the
laws and treaties of the United States ; to all cases
affecting ambassadors, other public ministers and con-
suls; to all cases of admiralty and maritime jurisdic-
tion; to controversies to w^liich the United States are a
party; to controversies between two or more states;
between a state, when plaintiff, but not otherwise, and
citizens of another state, or foreigners ; between citi-
zens of different states ; between citizens of the same
state claiming lands under grants of different states ;
between a state, or its citizens, and foreign states ; and
bet^veen citizens of a state and foreigners.
2. The original jurisdiction of the supreme court,
meaning thereby its authority to entertain suits com-
menced there in the first instance, is very limited, ex-
tending only to cases in which a state is a party, and to
cases affecting ambassadors, other public ministers and
consuls. And in these cases, where a suit is brought
hy a state against citizens or aliens, or hy an ambas-
sador or other public minister^ or where a consul or
vice consul is a party, the jurisdiction of the supreme
court is not exclusive ; that is, the suit is not necessarily
brought in that court. The supreme court has likewise
a]7pellate jurisdiction in some cases brought from the
circuit and territorial courts of the United States, and
from the state courts ; by which is intended, that it
has a right to revise the decision in certain cases where
JURISDICTION OF THE COURTS. 95
suits have been instituted and decided in tliose courts.
It is this, in fact, which constitutes the principal part
of the business of the supreme court.
3. Final judgments and decrees in the circuit courts,
in cases where the matter in dispute exceeds two thou-
sand dollars, exclusive of costs, may be removed to the
supreme court, and there re-examined, and reversed or
affirmed ; and if reversed, judgment is rendered in
the supreme court, or, in certain cases, the cause is
sent back to the circuit court, for final disposition.
And the same may be done in respect to decisions in
the circuit court of the District of Columbia, where
the matter in dispute, exclusive of costs, exceeds one
thousand dollars, and in particular cases, where it ex-
ceeds one hundred dollars. So, also, final decisions in
the highest court of each of the organized territories,
may be carried to the supreme court, in the same man-
ner, and under the same regulations as from the cir-
cuit courts of the United States, where the amount in
controversy, to be ascertained by the oath of either
party, exceeds one thousand dollars.-
4. In like manner, any final judgment or decree in
the highest court of law or equity of any state, may
be brought up to the supreme court of the United
States, on error in point of law, where the validity of
any treaty, statute or authority of the United States was
drawn in question, in the state court, and the decision
was against the validity ; or where the validity of any
state authority was drawn in question on the ground of
its being repugnant to the constitution, treaties or laws
of the United States, and the decision was in favor of
the validity ; or where the construction of any clause
of the constitution, or of a treaty, statute or commis-
sion of the United States, w^as drawn in question, and
the decision w^as against the right or privilege claimed
under the authority of such clause.
5. The circuit courts have original cognizance, con-
current w^th the state courts, that is, the suits may be
brought in either, of all actions of a civil nature, where
the matter exceeds five hundred dollars, exclusive of
96 JURISDICTION OF THE COURTS,
costs, and the United States are plaintiffs, or an alien is
a party, or the suit is between a citizen of the state
where the suit is brought and a citizen of another
state. They have original jurisdiction in all suits aris-
ing under laws granting patents and copyrights, mid in
some cases growing out of the revenue laws of the
United States. They have, likewise, exclusive cogni-
zance of capital crimes against the United States, and
concurrent jurisdiction of the crimes and offences cog-
nizable in the district court. They have appellate juris-
diction of final decrees and judgments in civil actions,
in a district court, where the matter in dispute exceeds
fifty dollars, exclusive of costs. And in certain cases
under the bankrupt law, they have concurrent jurisdic-
tion with the district court, as well as the right to en-
tertain appeals and questions from that court.
6. The district courts have exclusive original cogni-
zance of all civil causes of admiralty and maritime
jurisdiction, which are causes respecting acts or injuries
done on the high seas, or on the seacoast, or growing
out of maritime contracts or claims, and including
seizures under impost, navigation and trade laws of the
United States, and other seizures made within their
respective districts, or on the high seas. They have
also concurrent jurisdiction with the circuit courts, of
all crimes and offences against the United States, the
punishment of which- is not capital. And in those
districts where the business of the court demands it,
the district courts are required to hold monthly adjourn-
ments of the regular terms, for the trial and hearing of
criminal causes. The district courts have jurisdiction
of all matters in bankruptcy, to be exercised summa-
rily ; and for that purpose they are deemed to be al-
ways open.
7. The constitution provides that the trial of all
crimes, except in cases of impeachment, shall be by
jury. The trial is required to be held in the state
where the crime was committed; or when not com-
mitted within any state, at such place as congress may
by law have previously directed. It is also declared,
COURTS OF THE UNITED STATES. 97
that in suits at common law, where the vahie in con-
troversy exceeds twenty dollars, the right of trial by
jury shall be preserved. In the district courts, in all
civil causes except those of admiralty and maritime
jurisdiction ; and in the circuit courts, in all suits except
those of admiralty, maritime and equity jurisdiction, the
trial of issues of fact is required to be by jury. And
issues of fact, in the supreme court, in all actions at law
against citizens of the United States, must be tried \fy
jury. It seldom happens, however, that issues of fact
come up to be tried in the supreme court.
8. Jurors to serve in the courts of the United States,
in each state, are required to have the like qualifica-
tions, and are entitled to the like exemptions, as jurors
of the highest court of law of that state ; and they are
to be designated and empanelled, as far as may be,
conformably to the mode practised in the state. They
are taken from such parts of the judicial district as the
court shall direct, so as best to secure an impartial trial,
and, at the same time, not to occasion unnecessary ex-
pense, or unduly burden the citizens of any part of the
district with the service. Jurors are summoned and
returned by the marshal of the district, or his deputy.
The compensation of jurors, as also that of "udtnesses,
in the courts of the United States, is one dollar and
twenty-five cents for each day's attendance, and five
cents a mile for travel, in going and returning.
CHAPTER XXVI.
COURTS OF THE UNITED STATES.
1. The judges, both of the supreme, and of the in-
ferior courts, are appointed by the president, with the
advice and consent of the senate. They hold their
offices during good behavior, and are removable only
by impeachment. For their services they receive a
9
98 SUPREME AND CIRCUIT COURTS.
compensation which is estabhshed by law, and which
cannot be diminished during their continuance in office.
No judge, appointed under the authority of the United
States, can exercise the profession of counsel or attor-
ney, or be engaged in the practice of law. The judges
of the territorial courts are appointed by the president
and senate, but hold their office for the term of four
years only, except in Wisconsin, and in the District of
Columbia, where the tenure is during good behavior.
2. The supreme court consists of a chief justice
and eight associate justices, any five of w^hom consti-
tute a quorum. It holds a session annually at the city
of Wasliington, commencing on the second Monday in
January, and continuing usually two or three months.
If there is not a quorum present at the commencement
of any session, a smaller number may adjourn the
court from day to day, for twenty days, unless the
required number shall sooner -attend. The associate
justices have precedence according to the date of their
commissions, or where the commissions of two or more
of them bear date the same day, according to their res-
pective ages. The salary of the chief justice is five
thousand dollars a year ; that of the associate justices,
four thousand five hundred dollars each.
3. The United States are divided into nine judicial
circuits, and in each district of these circuits there are
usually two circuit courts held, annually, and the pre-
siding judge may appoint special sessions, at his dis-
cretion. The circuit courts are composed of one judge
of the supreme court and the district judge of the
district in which the circuit court is held. The judge
of the supreme court may hold the circuit court alone,
in case the district judge is absent, or if he has been of
counsel or is interested in the suit. In some of the
districts the respective district judges are authorized to
hold the circuit courts, and sometimes circuit court
jurisdiction and powers are given to district courts, by
special provisions of law.
4. The circuit court may be adjourned from day to
day, by the district judge, or if neither of the judges
DISTRICT AND TERRITORIAL COURTS. 99
be present at the commencement of the term, either of
them may, by a written order to the marshal, adjourn
the court from time to time, as the case may require.
Where any question arises in the circuit court, upon
which the opinions of the two judges are opposed, the
point upon which the disagreement happens may be
certified, under the seal of the court, to the supreme
court of the United States, there to be finally decided.
But in cases removed from a district court to a circuit
court, the district judge has not a right to vote, but
judgment is to be rendered in conformity to the opinion
of the judge of the supreme court, presiding in the
circuit court.
5. Each state of the Union composes one or more
judicial districts, and for each state there is one district
judge ; and two for the several states of New York,
Pennsylvania and Virginia. Six of the other states
contain either two or three districts each, but in those
states a single judge holds the courts in all the districts
within his own state. The judicial districts are estab-
lished by congress, and are frequently altered, as occa-
sion is thought to demand. Each district court is
required to hold, more commonly four, but several of
them only two regular sessions, every year. In three
districts, but one session, annually, is prescribed; in
three others, more than four in a year are required. The
district judges, generally, are authorized to hold spe-
cial courts, at their discretion. The annual compen-
sation of district judges varies from one thousand
to three thousand five hundred dollars.
6. In each of the organized territories of the United
States, there are courts estabhshed by congress. The
liighest court holds a session, annually, as a court of
appeals, at the seat of government of the territory.
The territories are divided into districts, in each of
which courts are held by a single judge of the highest
court. These courts, in cases arising under the consti-
tution and laws of the United States, are invested with
the powers and jurisdiction of circuit and district courts
of the United States, and from them causes may be
100 OFFICERS OF THE COURTS.
carried to the highest court of the territory, and thence,
in the cases and in the manner provided by law, to the
supreme court of the United States. The District of
Columbia has a local circuit court, consisting of three
judges, and a district court, which is held by the chief
justice of the circuit court, for that district.
7. The attorneij general of the United States con-
ducts all suits in the supreme court, in which the
United States are concerned. In each judicial district,
and in each of the territories of the United States, and
the District of Columbia, there is a district attorney,
whose duty it is to prosecute, within his district or ter-
ritory, all delinquents for crimes and offences cogniza-
ble under the authority of the United States, and all
civil actions in which the United States are interested.
District attorneys are appointed by the president, with
the approval of the senate, for the term of four years,
but may be removed at the pleasure of the president.
They are required to make to the secretary of the
treasury, on the first of January and July in each year,
a written report, verified by oath, of all fees and emol-
uments of their offices, of every kind; and if these
amount, exclusive of their necessary office expenses
and clerk hire, to more than six thousand dollars a
year, the overplus is to be paid into the public treasury.
8. The clerk of the supreme court is appointed by
the court, and is required to reside and keep his office
at the seat of the national government. The district
courts appoint their clerks, and until recently, the clerk
for each district court was clerk also of the circuit court
in the district. But.it is now provided, that the circuit
courts shall have the appointment of their own clerks,
and in case of disagreement between the judges, the
judge of the supreme court, presiding in the district,
makes the appointment. The clerks are required to
give bonds in the sum of two thousand dollars each.
They are paid by fees and emoluments, of which they
are required to make the same returns as the district
attorneys ; but no one may retain exceeding three thou-
sand five hundred dollars as clerk of the district court,
CHOICE OF PRESIDENT AND VICE PRESIDENT. 101
or two thous^d five hundred dollars as clerk of the
circuit court, or six thousand dollars for both, over and
above his necessary office expenses and clerk hire.
9. Marshals in the courts of the United States are
analogous to sheriffs in the state courts, and their
duties are similar. They are appointed, one for each
judicial district, and each territory, and the District of
Columbia, by the president, with the approbation of the
senate, for the term of four years, unless sooner re-
moved by the president. Marshals are authorized to
appoint deputies, who are removable at the pleasure of
the marshal, or of the judge of the district court, or
circuit court sitting within the district. Each marshal
is required to give bond in the sum of twenty thousand
dollars, conditioned for the faithful performance of the
duties of his office, by himself and his deputies. The
marshals are bound to make the same returns as the
district attorneys and clerks, and no marshal may retain
out of the fees, for his compensation, a sum exceeding
six thpusand dollars a year, exclusive of the reasonable
compensation to his deputies, and his necessary office
expenses and clerk liire.
CHAPTER XXVII.
CHOICE OF PRESIDENT AND VICE PRESIDENT.
1. The executive power of the United States is
vested in a President, who is required to be a natural
borii citizen, or a citizen of the United States at the
time of the adoption of the constitution, to be at least
thirty-five years of age, and to have been fourteen years
a resident within the United States. There is a Vice
President chosen at the same time with the president,
and no person constitutionally ineligible to the office of
president, is eligible to that of vice president. The
president and vice president hold their offices for four
9#
102 CHOICE OF PRESIDENT
years from the 4th of March next af^r the regular
time of their election ; and they are both chosen in the
following manner.
2. Each state appoints, "in such manner as its legis-
lature may direct, a number of electors equal to the
whole number of senators and representatives to
which the state is entitled in congress, according to
the apportionment then last estabhshed by law; but
no senator or representative, or person holding any
office of profit or trust under the United States, can be
an elector. The particular mode of appointing the
electors is not prescribed by the constitution ; but in
practice, it is believed, they are invariably chosen, at
present, by the qualified voters in each state, voting
by general ticket throughout the state, except in South
Carolina, where they are elected by the legislature.
In some of the states, the electors have sometimes
been chosen by districts, in the same manner as repre-
sentatives are now required to be chosen.
3. It is provided by act of congress, that the elec-
tors shall be appointed within thirty-four days pre-
ceding the first Wednesday in December of every
fourth year succeeding the last election. On that
Wednesday, the electors of the several states meet at
such place in their respective states, as is directed by
the legislature of each, and vote, by ballot, for presi-
dent and vice president, one of whom, at least, must
not be an inhabitant of the same state with them-
selves. They name in their ballots the person voted
for as president, and in distinct ballots the person voted
for as vice president ; and they make separate lists of
all persons who receive votes for the one office and for
the other, and of the number of votes for each.
4. The electors are required to make and sign three
certificates of all the votes by them given, each cer-
tificate containing two distinct lists, one of the votes
given for president, and the other of the votes given
for vice president; and to seal them up, certifying on
each, that a list of the votes of such state for president
and vice president is contained therein, and directing
AND VICE PRESIDENT. 103
them to the president of the senate of the United
States. A certified hst of the electors of the state is
annexed to each of these certificates of the votes. The
electors then, by writing, signed by them or a majority
of them, appoint some person to take charge of one of
the certificates, and convey it to its place of destina-
tion ; for which sei-vice he is allowed twenty-five cents
a mile for his travel in going and returning.
5. The certificate intrusted to the messenger, he is
bound to deliver at the seat of government, before the
first Wednesday in January next ensuing, to the presi-
dent of the senate, or if he be not present, at the
office of the secretary of state. Another of the three
certificates the electors forward forthwith, by mail, to
the president of the senate, at the seat of government.
The remaining certificate they cause to be delivered to
the district judge of the district within which the elec-
tors assemble. If a list of the votes of any state shall
not have been received at the seat of government, on
the first Wednesday in January, the secretary of state
is required to send a special messenger for the list that
was lodged in the custody of the district judge.
6. Congress is required to be in session on the sec-
ond Wednesday in February succeeding every meeting
of the electors, when the certificates are opened in the
presence of both houses, assembled in the chamber of
the house of representatives, the president of the
senate presiding. Arrangements for the occasion are
made previously, and tellers chosen, one by the senate
and two by the house. At the hour appointed, the
senate repair to the hall of the house of represen-
tatives, their chief clerk bearing the votes of the elec-
tors. The president of the senate having announced
the purpose of the joint meeting of the two houses,
proceeds to break the seals of the envelopes in which
the votes of the electors are enclosed, commencing
with the state of Maine, and proceeding in the order
of the states; and having merely broken the seal of
each, he hands the paper to the tellers, that the votes
may be counted.
104 CHOICE OF PEESIDENT
7. The SLiperscription upon the envelope, and the
contents of every paper found within it, are read
throughout by some one of the tellers. When the
tellers have read, counted, and made duplicate lists of
the votes, the lists having been compared with each
other and found to agree, are dehvered to the presiding
officer, by whom they are read to the joint meeting.
He then announces the result of the vote, and declares
the persons, if any, who have a majority of the whole
number of votes of the electors^ for those offices, res-
pectively, to be duly elected president and vice presi-
dent of the United States for the ensuing term of four
years. The senate now withdraw, the chief- clerk
bearing the votes of the electors, and one of the lists
made by the tellers, to the senate chamber, to be de-
posited with the archives of that body. A joint com-
mittee of the two houses wait on the president elect,
to inform him of his election ; and the president of the
senate notifies the vice president.
8. But if the votes of no person for president be a
majority of the whole number of electors appointed,
then from the persons having the highest numbers, not
exceeding three, on the list of those voted for as presi-
dent, the house of representatives immediately, by bal-
lot, choose the president. But for this purpose, the
votes are taken by states, the representatives of each
state having one vote. A quorum for the choice of
president consists of a member or members from two
thirds of the states, and a majority of all the states is
required for a choice. If no one be chosen vice presi-
dent, by the electors, the senate choose the vice
president from the two highest numbers on the list. A
quorum for this purpose consists of two thirds of the
whole number of senators, and a majority of the whole
number is necessary to a choice.
9. If the house of representatives, when the right
of choice falls to them, do not elect a president before
the 4th of March next following, as also in case of the
removal of the president from office, or his death,
resignation, or inability to perform the duties of the
AND VICE PRESIDENT. 105
office, those duties devolve upon the vice president.
When, on the death of the president, the vice presi-
dent succeeds to his place, he becomes president in
fact and in name. Congress, in pursuance of the au-
thority vested in them by the constitution, have provi-
ded that in case of the removal, death, resignation, or
inabihty of both the president and vice president, the
president of the senate pro tempore, and if there be
none, the speaker of the house of representatives for
the time being, shall act as president of the United
States, until the disabihty shall be removed, or a presi-
dent elected.
10. Provision is made by law, that whenever the of-
fices of president and vice president both become va-
cant, a new election shall be held. To this end, the
secretary of state is required forthwith to cause notifi-
cation to be made to the executive of every state, and
published in at least one newspaper in each state,
specifying that electors of president and vice president
of the United States shall be appointed within thirty-
four days preceding the first Wednesday in December
next ensuing, provided that day be two months distant
from the date of the notification. But if there be not
the required space of two months, and if the term for
which the president and vice president last in office
were elected, shall not expire on the 3d of March next
ensuing, the electors are then to be appointed within
thirty-four days preceding the first Wednesday in De-
cember of the year next ensuing ; and in either case,
the proceedings are to be conducted as in ordinary
elections.
11. There have been but two instances in which
the election of president has come into the house of
representatives. Those were, in 1801, when Thomas
Jefferson was elected, on the thirty-sixth ballot, and in
1825, when John Quincy Adams was chosen, having
received, on the first ballot, the votes of fourteen out of
the twenty-four states. The vice president has been
chosen by the senate on one occasion only, which was
in 1837. And it has happened but once, that the vice
106 CHOICE OF PRESIDENT.
president has been called to perform the duties of
president, namely, upon the death of President Harrison,
on the 4th of April, 1841. Of the first eight presidents,
five were, and three were not re-elected ; and the five
who held the ofiice two terms each, all declined being
candidates for a third term. There is nothing in the
constitution to prevent a man from holding the office
of president as often as the people shall choose to
elect him; but the usage on the subject has acquired
almost the force of a positive law.
12. As the constitution originally stood, the elec-
tors voted for two persons, and the person having the
greatest number of votes was president, if that number
was a majority of the whole number of electors ap-
pointed. If more than one had such majority, and they
had an equal number of votes, the house of represen-
tatives, by ballot, chose one of them for president.
If no person had a majority, the house were to choose
from the five highest on the list. And in every case,
after the choice of the president, the person having the
greatest number of votes of the electors was vice
president. But if there remained two or more having
equal votes, the senate, by ballot, chose from them
the vice president. The inconvenience experienced
from this method, at the election of president in 1801,
induced congress to propose an amendment to the
constitution, which was duly ratified before another
election, and under the provisions of which all subse-
quent elections have taken place.
POWERS AND DUTIES OF THE PRESIDENT. lOT
CHAPTER XXVIII ♦
POWERS AND DUTIES OF THE PRESIDENT.
1. The inauguration of the president takes place
on the 4th of March. On that occasion it is customary
for him to dehver an inaugural address, setting forth
the principles on which he proposes to conduct his ad-
ministration. At the conclusion of this address, the
oath of office required by the constitution is tendered
by the chief justice of the supreme court, and taken by
the president, in the following terms : " I do solemnly
swear (or affirm) that I will faithfully execute the of-
fice of president of the United States, and will, to the
best of my abihty, preserve, protect, and defend the
constitution of the United States." On the day of the
inauguration the new senate assemble, by special di-
rection of the president of the United States, to act
upon the nomination of public officers, and the like.
They choose a president pro tempore, by whom the
vice president of the United States is sworn into office,
and he then takes liis place as president of the senate.
2. The president is commander in chief of the
army and navy of the United States, and of the miU-
tia of the several states when called into the national
service. He may grant reprieves and pardons for
offences against the United States, except in cases of
impeachment. He is the proper person to receive am-
bassadors and other public ministers, and, as incident
to this authority, he is understood to possess the power
to refuse to receive them, or to dismiss them after they
have been received. He is to see that the laws are
faithfully executed. It is his duty, from time to time,
to give to congress information of the state of the
Union, and to recommend to their consideration such
measures as he shaU judge necessary and expedient.
And in case of disagi-eement between the two houses,
108 POWERS AND DUTIES OF THE PRESIDENT.
as to the time of adjournment, he may adjourn them to
such time as he shall think proper.
3. The president, with the concurrence of two
thirds of the senators present, is invested with the
power to make treaties. He nominates, and by and
with the advice and consent of the senate, appoints
ambassadors, other public ministers and consuls,
judges of the supreme court, and all other officers of
the United States, whose appointments are not other-
wise provided for in the constitution. But congress
may by law vest the appointment of inferior officers,
under which denomination, it is said, ninety-nine out
of a hundred of the lucrative offices of the government
are included, in the president alone, in the courts of
law, or in the heads of departments. The president
commissions all officers of the United States, and he is
authorized to fill up all vacancies that may happen
during the recess of the senate, by granting commis-
sions which shall expire at the end of the next session
of that body.
4. It was made a question, on the first organization
of the government under the constitution, whether,
in respect to those officers who are appointed by the
president and senate, to hold their offices at pleasure,
the power of removal resided in the president alone, or
whether the consent of the senate was required for
that purpose. By the authors of the Federalist, a work
of high authority, the latter was understood to be the
true construction; but congress adopted the former
construction, and at their first session, collaterally, and
somewhat gratuitously, declared the power to belong to
the president alone. The question was decided, at that
time, in the senate, by the casting vote of the vice
president, John Adams; and in the house of repre-
sentatives, by a majority of twelve. The construction
thus incidentally given to the constitution, on tliis
point, has been acted upon ever since.
5. The president has a qualified negative or veto
upon the laws and acts passed by congress. All bills,
and all concurrent orders, resolutions and votes of the
COMPENSATION OF THE PRESIDENT. 109
two houses, except for adjournment, must be submitted
to the president for his approval, and may be defeated
by him, unless they be repassed by two thirds of each
house. The president is allowed ten days, exclusive
of Sundays, to consider a bill, and if he do not return
it within that time, it becomes a law in like manner as
if Jie had signed it, unless congress, by their adjourn-
ment, prevent its return, in which case it doe*s not be-
come a law.
6. This constitutional provision vests in the presi-
dent a high and transcendent power, and one which
has, in general, been rarely exercised. President Wash-
ington defeated two bills; President Madison, four;
President Monroe, one ; President Jackson, ten ; Presi-
dent Tyler, two at the extra session in 1841, and four
at the succeeding session ; the other Presidents, none.
Of these bills fourteen were returned within ten days
after their presentation to the executive ; the others
having been presented near the close of the session,
were retained, one by President Madison, six by Presi-
dent Jackson, and two by President Tyler at the session
in 1842. In no instance where a bill has been returned
with objections has it been repassed by the required
majority, so as to become a law.
7. It is provided by the constitution, that the com-
pensation of the president shall neither be increased
nor diminished during the period for which he was
elected. The salary has, from the first, been fixed by
law at twenty-five thousand dollars a year, which, ac-
cording to the usual practice, is drawn by the president,
monthly. He has also the use of a house and grounds,
provided at the public expense, at the seat of govern-
ment. At every new election of president, such ar-
ticles of furniture in the house as are decayed or unfit
for use, are sold, and the proceeds, together with an
additional sum of money appropriated by congress, are
applied to the purchase of new furniture. The salary
of the vice president is five thousand dollars a year.
When acting as president of the United States, he is
entitled to the salaiy appertaining to that ofiice.
10
110 EXECUTIVE DEPARTMENTS.
CHAPTER XXIX.
THE EXECUTIVE DEPARTMENTS.
•
1. To assist the president in the administration of
the government, there are several executive depart-
ments established by law. These are the departmenst
of state, of the treasury, of war, of the navy, and of
the post office. At the head of each of the first four
departments named, is a secretary, of the last, the post-
master general. These four secretaries, the postmas-
ter general and the attorney general of the United
States, constitute what is called the cabinet. These
officers are appointed by the president with the advice
and consent of the senate, and are removable by the
president, at his pleasure. At the commencement of
every new administration, there is always a new cabi-
net organized, as a matter of course.
2. The cabinet serves as a sort of unofficial council
of the president. He is expressly authorized by the
constitution to require the opinion, in writing, of the
principal officer in each of the executive departments,
upon any subject relating to the duties of their respec-
tive offices ; and he, as well as the head officer of any
of the departments, where there is occasion for it, may
call upon the attorney general for his opinion on ques-
tions of law. It has been the general practice for the
president to hold meetings of his cabinet officers, from
time to time, to dehberate uiion matters coming before
him, in order that he might have the benefit of their wis-
dom and experience in forming his own judgment upon
them. But he is not bound to follow the opinions of
his cabinet, nor are they responsible for his acts.
3. These principal executive departments, for the
most part embrace several subordinate branches, or
bureaus, and the business of them is carried on by the
assistance of a great number of inferior officers and
EXECUTIVE DEPARTMENTS. Ill
clerks. In general, the more important officers in each
department are appointed by the president, with the
advice of the senate, and the clerks by the heads
of their respective departments. In each department
there is a chief clerk, who in the departments of state,
of war, and of the navy, in case of a vacancy in the
office of secretary, by removal or otherwise, has, dur-
ing such vacancy, the charge of all records, books and
papers appertaining to the department.
4. AU the officers appointed in any of the depart-
ments, are required, before entering upon the duties of
their appointment, to take an oath or affii-mation to
support the constitution of the United States, and
faithfully to execute the trust committed to them.
Every day in the year, except Sundays and the 4th of
July and 25th of December, all the offices and bureaus
of the several departments are required to be open for
the transaction of the public business, at least eight
hours in a day, from the first of October to the fu-st of
April, and at least ten hours in a day, during the rest of
the year. The salaries of officers of the United States
are usually paid quarterly, with money drawn from the
national treasuiy, in pursuance of appropriations made
for the purpose, by congress, in the annual appropri-
ation bills.
5. The several secretaries, and the postmaster
general are required to lay before congress, at each
annual session, a detailed statement of the expendi-
tures made by them, respectively, from the contingent
funds of their departments. It is also their duty, to
report to congress, at the beginning of each year, the
names of the clerks employed in their own depart-
ments, during the preceding year, together with the
time each was actually employed, and the amount paid
to each. There are various other reports which these
officers, or some of them, are required to make to con-
gress, at prescribed times, and they are also obliged to
answer to the requisitions made upon them, from time
to time, by either branch of the legislature, for facts and
information within their possession.
112 DEPARTMENT OF STATE.
6. At the first organization of the government
under the constitution, there were properly but three
executive departments, those of state, of the treasury,
and of war. The department of the navy was not
estabhshed upon a separate basis until a later period.
The post office department has existed from the first,
but it was only at a comparatively recent day, that the
postmaster general attained to the dignity of a cabinet
officer. The salaries of the secretaries, and other
executive officers and clerks, were at first only about
one half as great as they now are. From time to time,
the compensation has been increased, and the depart-
ments have been enlarged, by the establishment of
new subordinate branches, and the appointment of ad-
ditional clerks. The department of state is considered
as holding the first place in dignity and importance.
CHAPTER XXX.
THE DEPARTMENT OF STATE.
1. The department of state, which was originally
organized under the name of the department of foreign
affairs, is that through which all intercourse between
the national government and foreign states is carried
on. To the secretary of state it belongs to perform
such duties as are assigned to him by the president,
and in such manner as he shall direct, agreeably to the
constitution, relative to the correspondence with pub-
lic ministers or consuls sent from the United States, or
to commissions or instructions to them ; to negotiations
with foreign states or princes; to memorials or other
applications from foreign public ministers or other
foreigners ; or to other matters respecting foreign af-
fairs. This department includes, besides the patent
office, which is attached to it, three branches called the
diplomatic, consular, ECnd home bureaus. There arc ten
DEPARTMENT OF STATE. 113
clerks employed in the department, and as many other
persons, in various capacities.
2. The secretaiy of state keeps the seal of the
United States, and it is his duty to make out, record,
and affix that seal to all civil commissions of officers of
the United States, appointed by the president with the
approval of the senate, or by the president alone,
except officers employed in collecting the revenue,
whose commissions are made out and recorded in the
treasury department, and bear its seal. But the secre-
tary may not affix the seal to any commission be-
fore it has been signed by the president, nor to any
other instrument without his special warrant for the
purpose. The secretary of state has also a seal of
office, for his department, which he uses in authenti-
cating copies of records and papers in his office, for per-
sons applying for them, and paying the required fees.
3. Every bill, order, resolution or vote of the sen-
ate and house of representatives, that has been finally
passed, in the prescribed manner, and has become a
law accordingly, is sent forthwith to the secretary of
state. Formerly, the secretaiy was required to cause
the laws, resolutions, treaties and amendments to the
constitution of the United States, to be published, as
soon as conveniently might be after they were re-
ceived by him, in not more than one newspaper in the
District of Columbia, and in not more than three in
each of the several states and temtories. But by the
act of 1842, in lieu of this, the publication is to be
made in not less than two nor more than four of the
principal newspapers published in the city of Wasliing-
ton for country subscribers, giving the preference to
such papers as have the greatest number of permanent
subscribers and the most extensive circulation.
4. The secretary is required to cause to be pub-
lished, as soon as practicable after the close of every
session of congress, eleven thousand copies of the acts
of congress at large, including all resolutions passed
by congress, amendments to the constitution adopted,
and public treaties ratified since the last preceding pub-
10*
114 DEPARTMENT OF STATE.
lication of the laws, together with an alphabetical in-
dex. These copies are distributed, under the direction
of the secretary of state, among such pubhc officers
and other persons as are designated by law, and the
residue among the several states and territories, ac-
cording to their respective numbers of representatives
and delegates in congress. The proprietor of every
newspaper in which the laws, resolutions, treaties and
amendments have been seasonably published, by au-
thority, is entitled to a compensation, at the rate of
one dollar for each page, as published in the pamphlet
form.
5. Once in two years, a register, commonly known
by the name of the blue hook, is compiled and printed
under the direction of the secretary of state. It con-
tains correct lists of all the officers and agents, civil,
military and naval, in the service of the United States,
made up to the last day of September of each year in
which a new congress is to assemble. These lists are
furnished by the heads of the several departments, and
exhibit the names of all such officers and agents, with
the compensation allowed to each, the state and
county in which he was born, and the place where he
is employed. The biennial register also includes cer-
tain statistics in reference to the na\^, to printers of
the laws, and to contracts for carrying the mail. Five
hundred copies of this register are printed, part of
which are distributed, as provided by law, on the fii'st
Monday in January of each year when a new con-
gress is assembled, and the rest are disposed of as
congress shall direct.
6. The secretary of state is required to transmit,
by mail, free of postage, one copy of the communica-
tions, with the accompanying documents, made to
congress, or to either house, by the president of the
United States, and of reports made to congress or
either house, by the several heads of departments, or
by any committee, for each of the judges of the su-
preme court, and of the district and territorial courts of
the United States, to such post office within the United
TREASURY DEPARTMENT. 115
States, as they may designate. In case of vacancy,
death, absence from the seat of government, or sick-
ness, in the office of secretary of state, of the treasury,
or of war, or of any officer in either of these depart-
ments, whose appointment is not in the head of the
department, the president may authorize any person,
in his discretion, to perform the duties of such office,
until a successor shall be appointed, or the vacancy
filled. But no one vacancy can be thus supplied for
a longer term than six months.
CHAPTER XXXI.
THE TREASURY DEPARTMENT.
1. It is in the treasury department that all claims
and demands by or against the United States, and all
accounts in which they are interested, either as debtors
or creditors, are settled and adjusted. The organiza-
tion of this department embraces a far greater number
of officers than either of the others. It includes the
secretary, two comptrollers, five auditors, an auditor
for the post office department, a treasurer, a register,
and a solicitor of the treasury, all of whom are ap-
pointed by the president, with the approbation of the
senate. There are upwards of two hundred clerks
and other persons employed in the different sub-
divisions of the department. This statement does not
include the officers and clerks, nearly one hundred
in number, in the general land office, which is attached
to the treasury department.
2. Among the duties required of the secretary, he is
to prepare and lay before congress, at the commence-
ment of every session, a report on the subject of finance,
containing estimates of the public revenue and expen-
ditures, and plans for the support of public credit, and
for increasing the revenues, and to annex a statement
116 TREASURY DEPARTMENT.
of the amount of money in the treasury, which will be
subject to the disposition of the government, in the
year to which the estimates apply. He is also to
superintend the collection of the revenue ; to provide
for maintaining light-houses, and the like; to grant,
under the limitations established by law, warrants for
moneys to be issued from the treasury; to furnish
information to either branch of the legislature, respect-
ing all matters referred to him, or which relate to his
office; and, in general, to perform all services required
of him, appertaining to the finances.
3. It is the duty of the convptroUers to examine all
accounts settled by the auditors, and to certify to the
proper ofiicer the balance arising on them ; to counter-
sign warrants duly drawn by the secretary of the
treasury ; to report to the proper secretary the official
forms to be issued in the different offices for collecting
the public revenue, and for disbursing the public money
in the war and navy departments, and the manner and
form of keeping and stating the accounts in those of-
fices; and to attend to the preservation of the public
accounts subject to their revision. To the first comp-.
troller it belongs also to provide for the regular payment
of all moneys that may be collected, to superintend the
recovery of debts due to the United States, and to
direct legal proceedings and take the proper lawful
measures for enforcing prompt payment of such debts.
4. The first auditor receives all accounts accruing
in the treasury department; the second and third, all
accounts of the war department, and those arising out
of Indian affairs, except Indian trade ; the fourth, all
accounts relative to the navy department; and the
Jiftli, all accounts of the department of state, and those
growing out of Indian trade. The first and fifth au-
ditors examine all accounts submitted to them, respec-
tively, certify the balance, and transmit the accounts,
with the vouchers and certificates, to the fiirst com-
troUer for his decision upon them. The second, third,
and fourth auditors -examine the accounts submitted to
them, certify the balance, and transmit the accounts
TREASURY DEPARTMENT. 117
with their vouchers to the second comptroller, and
when finally adjusted, receive them from him and pre-
serve them. They record all warrants drawn by the
secretary of the treasury, upon the requisitions or
demands of the secretaries of the war and navy de-
partments, and keep all accounts of the receipts and
expenditures of the public money in regard to those
departments.
5. The auditor of the treasury for the post office
department receives all accounts relative to that de-
partment, audits and settles them, certifies the bal-
ances to the postmaster general, and preserves the ac-
counts and their vouchers, after settlement. It is his
business to report to the postmaster general the official
forms of papers to be used by the officers and agents of
the department, and the manner and form of keeping and
stating its accounts ; to register, charge and countersign
all warrants upon the treasury for receipts and pay-
ments, issued by tlie postmaster general, when war-
ranted by law ; to report to the postmaster general all
delinquencies of postmasters, in paying over the pro-
ceeds of their offices ; and to perform such other duties
irelative to the financial concerns of the department
^as may be assigned to him by the secretary of the
treasury. It is his duty also to superintend the collec-
tion of all debts due to the department, and all penalties
and forfeitures imposed on postmasters, and to direct
legal proceedings for that purpose.
6. The treasurer is the officer who receives and
keeps the public moneys, and disburses them on Avar-
rants duly drawn and authenticated, which warrants are
required to specify the particular appropriations to wliich
they are to be charged. All moneys except those for
the war, navy, and post office departments, are issued
on warrants drawn by the secretary of the treasury,
countersigned by the first comptroller, and recorded by
the register of the treasury. The money appropriated
to the use of the war and navy departments is paid out
by the treasurer on warrants drawn by the secretary of
the treasury, upon the requisitions of the secretaries of
118 . TREASURY DEPARTMENT.
those departments, respectively, countersigned by the
second comptroller, and registered by the second, third,
or fourth auditor, as the case may require. The funds
of the post office department are issued from the
treasury on wan*ants drawn by the postmaster general,
and countersigned and registered by the auditor of the
treasury for that department.
7. The treasurer takes receipts for all moneys paid
by him ; and all receipts for moneys received by him
into the treasury, to render them valid, must be in-
dorsed upon warrants, signed by the secretary of the
treasury, or by the postmaster general where the
money is paid in to the credit of his department. He
is required to render his accounts, quarterly, to the first
comptroller, or in respect to moneys received and
paid on account of the post office department, to the
auditor for that department ; to transmit to both houses
of congress, copies of all accounts settled by him, and
a true and perfect account of the state of the treasury ;
and at all times to submit to the inspection of the
secretary of the treasury, and of the fii'st comptroller,
the moneys in his hands. The treasurer gives bond
in the sum of one hundred and fifty thousand dollars,
for the faithful performance of his duties, and the
fidelity of the persons employed by him.
8. The register of the treasury is required to keep
all accounts of the receipts and expenditures of the
public money, and of all debts due to or from the
United States, except such accounts as are kept by the
second, third, and fourth auditors ; to receive from the
first comptroller the accounts that have been finally
adjusted by him, and preserve them with their vouch-
ers and certificates ; and to record all warrants for the
receipt and payment of moneys at the treasury, other
than those recorded by the second, third, and fourth
auditors, and the auditor for the post office department.
It is likewise made the duty of the register of tlie
treasury, under the direction of the secretary, annually
to prepare statistical accounts of the commerce of the
United States with foreign countries, for the preceding
TREASURY DEPARTMENT. 119
year, to be laid before congress, by the secretary of the
treasury, on the first Monday in December of every
year, or as soon after as possible. These accounts, as
also the annual accounts of the receipts and expendi-
tures, and the report and estimates required of the sec-
retary, are to be prepared for the fiscal year of the
treasury, which, as established by act of congress of
1842, commences on the first day of July.
9. The duties of the solicitor of the treasury are,
to dhect all' suits and proceedings for the recovery of
money, chattels or lands, in the name, and for the use
of the United States ; and to take charge or dispose of
all lands or other property conveyed or assigned to the
United States, in payment of debts. He may instruct
the district attorneys, marshals, and the clerks of the
circuit and district courts, in all matters relating to
suits in which the United States are concerned. He is
required, with the approbation of the secretary of the
treasury, to establish such rules and regulations, con-
sistent with law, for the observance of collectors of the
customs, district attorneys, and marshals, respecting
suits in which the government is interested, as may be
deemed necessary for the proper responsibility of those
ofiicers, and for the prompt collection of all revenues
and debts due to the United States.
10. The offices of the second comptroller, and of
the second, third, fourth, and fifth auditors were es-
tablished in 1817; that of the solicitor of the treasury
in 1830, and that of the auditor of the treasuiy for the
post office department in 1836. To the second comp-
troller was assigned the portion of the duties of the
first, relating to the war and navy departments. The
duties of the first auditor, namely, the examining and
auditing of accounts, were divided with the second,
third, fourth, and fifth auditors, and the auditor for the
post office department. The same persons, except
the fifth auditor, took also a part of the duties of the
register of the treasury ; and the auditor of the treas-
ury for the post office department, a part also of the
duties of the first comptroller.
120 DEPARTMENTS OF WAR AND OF THE NAVY.
CHAPTER XXXn.
THE DEPARTMENTS OF WAR, AND OF THE NAVY.
1. The secretary of the department of war is re-
quired to perform such duties as may from time to time
be intrusted to him, by the president, agreeably to the
constitution, and in such manner as he shall direct, rel-
ative to military commissions, or to the land forces or
military stores of the United States, or other matters
respecting military affairs; or relative to the granting
of lands to persons entitled to them for military services
rendered to the United States; or relative to Indian
affairs. This department includes the offices of the
adjutant general, quartermaster general, paymaster
general, and surgeon general, the pension and bounty
land offices, and the department of Indian affairs. The
office of commissary general of purchases was abol-
ished in 1842, and the duties of it assigned to the quar-
termaster's department.
2. The department of the navy was organized as a
distinct department, in 1798, prior to which time, naval
affairs were under the direction of the secretary of war.
It is the duty of the secretary of the navy to execute
such orders as he shall receive from the president, rela-
tive to the procurement of naval stores and materials,
to the construction, armament, equipment and employ-
ment of vessels of war, and to all other matters con-
nected with the naval establishment of the United
States. He is authorized, under the direction of the
president, to cause a selection to be made of such tracts
of vacant and unoccupied lands of the United States,
producing live oak and red cedar timbers, as he may
judge necessary to furnish for the navy a sufficient
supply of those timbers ; and the tracts thus selected,
if approved by the president, are to be reserved and
appropriated to that sole purpose, unless othei*wise
directed by law.
NAVY DEPARTMENT. 121
3. Formerly the president was required to appoint,
with the approbation of the senate, three officers of the
navy, not below the rank of post captain, to constitute a
hoard of commissioners for the navy. This board was
attached to the office of the secretary of the navy, and
under his superintendence discharged the ministerial
duties of that office, relative to the matters above enu-
merated as appertaining to it ; and, upon the requisition
of the secretary, it was their duty to furnish all the es-
timates of expenditures required in the several branches
of the service, and other necessary information. The
board of commissioners for the navy was established
in 1815, and continued in existence till 1842, when it
was abolished by act of congress, and the navy depart-
ment was organized upon a different basis.
4. The act in question provides, that there shall be
attached to the navy department five bureaus, each
having a chief, who is appointed by the president with
the advice and consent of the senate. These bureaus
are, a bureau of navy yards and docks, and a bureau of
ordnance and hydrography, the chief of each of which is
appointed from among the captains in the navy, and
receives a stated annual salary, in lieu of all other com-
pensation whatever in the naval service ; a bureau of
construction, equipment and -repairs, the chief of which
is required to be a skilful naval constructor ; a bureau
of provisions and clothing; and a bureau of medicine and
surgery, whose cliief is taken from the surgeons of the
navy. The secretary of the navy is to assign and dis-
tribute among these bureaus, such of the duties of the
department as he shall judge expedient and proper,
and all these duties are to be performed under his au-
thority.
5. It is the duty of both the secretaries of war and
of the navy, to lay before congress, annually, a state-
ment of the appropriations of the preceding year, for
their respective departments, and a distinct account of
the manner in which the money has been expended
and applied by them, together with a statement of the
amount that remains under such appropriations, and the
11
122 PENSIONS.
probable outstanding demands npon each; and any
balance of money remaining unexpended, after the
object for which it was appropriated has been effected,
is to be repaid into the treasury, and carried to the
surplus fund. The secretaries are required to cause to
be collected all flags, standards and colors, taken by the
army and navy of the United States, from their ene-
mies, and to deliver them to the president, to be, under
his direction, preserved and displayed in such public
place as he shall deem proper. •
6. There is a commissioner ofpensimis appointed by
the president, with the advice of the senate, whose
office it is, under the direction of the secretaries of war
and of the navy, to execute such duties as may be pre-
scribed by the president, in relation to the several pen-
sion laws. Various acts have been passed by congress,
from time to time, making provision for the surviving
officers and soldiers of the revolutionary war, as well
as for those who have been wounded or disabled in the
military or naval service of the United States, and for
the widows and children of such as were killed in the
service, or have since died. The office of commissioner
of pensions was established in 1835, and has been
since continued for the term of two or three years at a
time. Formerly, pensions were paid through the agency
of the bank of the United States and its branches.
7. Provision was made by congress, soon after the
commencement of the revolutionary war, for granting
lands, in certain specified proportions, to the officers
and soldiers who should engage in the service, and
continue in it to the close of the war, or until discharged
by congress. After the termination of the war, lands
for this purpose were surveyed and assigned, in what
is now the state of Ohio. By the several acts passed
by congress for recruiting the army in the war of 1812,
besides a stated pecuniary bounty, one hundred and
sixty acres of land were offered to each effective, able-
bodied man, who should enter into the service for five
years, or during the war, and should serve out his time,
and be regularly discharged ; and to the heirs and rep-
INDIAN AFFAIRS. 123
resentatives of such as might be killed in action, or die
in the service. The lands assigned to these persons
were taken in the territories now constituting the states
of Illinois, Missouri, Michigan and Arkansas.
8. The chief officer in the Indian department is the
commissioner- of Indian affairs, who is appointed by the
president and senate. Under the direction of the sec-
retary of war, and agreeably to such regulations as the
president may from time to time prescribe, the com-
missioner has the management of all Indian affairs, and
of all matters growing out of Indian relations. The
superintendents of Indian affairs, within their several
districts, exercise a general supervision over the official
conduct and accounts of all officers and persons em-
ployed by the government in that department ; and they
may suspend such officers and persons from their em-
ployment, for reasons to be communicated forthwith to
the secretaiy of war. No one is allowed to trade with
the Indians, in their country, without a license from a
superintendent of Indian affairs, or from an Indian
agent or sub-agent. No ardent spirits may be intro-
duced into the Indian country, under any pretence.
9. Indian agents are appointed by the president, with
the approval of the senate, and hold their office for four
years, unless sooner removed. Each agent is required
to reside and keep his agency w^ithin or near the terri-
tory of the tribe for which he is agent, and at such
place as the president shall designate. These agents
and sub-agents manage and superintend the intercourse
\vith the Indians within their respective agencies, ac-
cording to law ; and they are bound to obey all legal
instructions given to them by the secretary of war, the
commissioner of Indian affairs, or the superintendent of
Indian affairs; and to carry into effect such regulations
as may be prescribed by the president. Each agency
is allowed an interpreter, who is nominated by the
proper agent, to the war department for approval.
10. By act of congress of 1830, the president was
empowered to cause so much as he might judge neces-
sary of the territory belonging to the United States,
124 THE ARMY.
west of the river Mississippi, not included in any state
or organized territory, and to which the Indian title had
become extinguished, to be divided into districts, for
the reception of such tribes of Indians as might choose
to exchange their lands within the limits of any of the
states or territories, and remove thither. The president
was authorized to assure any tribe making such ex-
change, that the United States would forever guaranty
to them and their descendants the country thus as-
signed to them. Improvements upon the lands origi-
nally occupied by the Indians, were to be paid for by
the United States; and they were to furnish to the
emigrants all necessary aid in removing and setthng in
their new country, and also for their support during the
first year after their removal. The number of Indians
removed prior to the commencement of the year 1839
exoeeded eighty thousand.
CHAPTER XXXIII.
THE ARMY OF THE UNITED STATES.
1. Every officer, non-commissioned officer and pri-
vate in the army, is required to take and subscribe an
oath or affirmation, that he will bear true faith and al-
legiance to the United States of America, and will
serve them honestly and faithfully against their ene-
mies or opposers whomsoever ; and that he will observe
and obey the orders of the president of the United
States, and of the officers appointed over him, accor-
ding to the rules and articles of war. The army, under
the military peace establishment as fixed in 1821, was
composed of four regiments of artillery, and seven regi-
ments of infantry, T^ith officers of engineers, of ord-
nance and of the staffs A regiment of artillery included
nine, and one of infantry, ten companies, each compa-
THE ARMY. 125
ny having its appropriate officers and non-commis-
sioned officers, and forty-two privates.
2. In 1833 a regiment of dragoons was established,
and in 1836 a second regiment, each composed of ten
companies. In 1838 the army was further enlarged
by the establishment of an eighth regiment of infantry,
and the addition of one company to each regiment of
artillery ; and at the same time, sixteen privates were
added to each company of artillery, and thirty-eight to
each company of infantry. The army, as thus organ-
ized, when full, embraced upwards of twelve thousand
men. By the act of 1842 the number of privates was
reduced from sixty to fifty for each company of dra-
goons, and from fifty-eight and eighty, respectively, to
forty-two, for the companies of artillery and infantry ;
making a reduction, in the whole army, of about four
thousand. The same act provided that after the 4th
of March, 1843, the second regiment of dragoons
should be converted into a regiment of riflemen.
3. By the constitution, the president is made the
commander in chief of the army and navy of the
United States, and of the militia of the several states
when called into the actual service of the nation. He
however, in fact, never commands the forces in person.
There is a major general, who is the commander of the
army, two brigadier generals, a quartermaster general,
who has the rank, pay and emoluments of a brigadier
general, several other field officers who rank as colonels
of cavalry, and various subordinate field and staft' offi-
cers. There is also a regular organization of officers of
ordnance, of engineers, and of topographical engineers.
Each regiment has a colonel, a lieutenant colonel, a
major, an adjutant, v/ho is taken from the subalterns of
the line, a sergeant major and a quartermaster ser-
geant. Each company has a captain, two lieutenants,
(the artillery companies have three,) four sergeants, four
corporals and two musicians.
4. The commissioned officers of the army are ap-
pointed by the president, with the advice of the senate ;
and he may, in like manner, confer brevet rank on
11*
126 THE ARMY.
officers who distinguish themselves by gallant actions
or meritorious conduct. Such officers are entitled to
the pay and emoluments of their brevet rank when on
duty and having a command according to that rank,
and at no other time. All enlistments into the army are
made, at present, for the term of five years ; and those
who re-enlist within two months before, or one month
after the close of their time of service, are entitled to
three months' extra pay. Two dollars a month of the
pay of non-commissioned officers and musicians, and
one dollar of that of private soldiers, are retained until
the expiration of their term of service.
5. Officers and soldiers of the army receive for their
compensation a fixed amount of montlily pay. For
their subsistence they are allowed rations of provisions,
consisting of a stated quantity of enumerated articles.
Commissioned officers are entitled to several rations each,
according to their rank; or instead of the rations in kind,
they may at their option, and they in fact do receive
money, estimating each daily ration at twenty cents.
Officers conmianding in chief a separate army, actually
in the field, and those commanding mihtary geographi-
cal divisions or departments, or permanent posts garri-
soned with troops, are allowed double the number of
rations to which they would otherwise be entitled.
Commissioned officers, exclusive of general officers,
receive one additional daily ration for every five .years
they may have been in the service. Every officer in
the actual command of a company, has ten dollars a
month additional pay, for his responsibility in respect
to the clothing, arms and accoutrements of the com-
pany.
6. The soldiers receive a certain amount of clothing,
the quantity and kind of which are prescribed by the
president. In practice, they are allowed about thnty
dollars' worth, annually. Officers serving on horseback
are entitled to forage for their horses. A ration of forage
consists of eight quarts of com, or twelve quarts of
oats, and fourteen pounds of hay or fodder a day ; and
in lieu of it, when not drawn in kind, each officer
THE ARMY. 127
is paid an equivalent in money, at the rate of eight
dollars a month for each horse to which he is entitled.
Officers receive, according to their rank, the pay, cloth-
ing and subsistence allowed to a private soldier, for
each of as many servants as they actually keep, not
exceeding the number allowed by existing regulations.
7. A ration, as established in 1802, consists of one
pound and a quarter of beef, or three quarters of a
pound of pork, eighteen ounces of bread or flour, one
gill of rum, whiskey or brandy ; and at the rate of two
quarts of salt, four quarts of vinegar, four pounds of
soap, and one pound and a half of candles, to every
hundred rations. The president is authorized to make
such alterations in the component parts of the ration,
as a due regard to the health and comfort of the army,
and economy may require. In 1838 the allowance of
sugar and coffee, in lieu of the spirit or whiskey part of
the army ration, as already directed by regulation, was
fixed at six pounds of coffee and twelve pounds of
sugar to every one hundi-ed rations, to be issued Aveek-
ly, when it can be done with convenience to the public
service, and when not so issued, to be paid for in
money.
8. The military academy at West Point, in the state
of New York, consisting of the corps of engineers, sev-
eral professors, and the cadets, is conducted and main-
tained by the national government. The chief officer
of engineers has the superintendence of the academy,
under the direction of the president of the United
States. The number of cadets is not allowed at any
time to exceed two hundred and fifty. They are at-
tached as students to the military academy, are ar-
ranged into companies, trained and taught all the duties
of a private, non-commissioned officer, and officer, and
are encamped at least tln-ee months in each year, and
instructed in all the duties incident to a regular camp.
Tliey are required also to go through with a prescribed
systematic course of mathematical and other studies,
designed especially to qualify them for engineers and
officers in the army.
128 THE NAVY.
9. Candidates for cadets must not be under four-
teen nor over twenty-one years of age, and must be
well versed in reading, writing and arithmetic. They
are appointed by the president, from the several states,
in proportion to their representation in congress ; and
they are required to sign articles, with the consent of
their parents or guardians, engaging to serve eight
years, unless sooner discharged. - Formerly the term
was five years. They each receive from" the govern-
ment what is equivalent to about twenty-eight dollars a
month. Those who have received a regular degree at
the academy are considered as among candidates for a
commission in any corps for which they are deemed to
be fitted ; and if there is no such vacancy, at the time,
they may, at the discretion of the president, be attached
to such corps, but not more than one to a company, by
brevet of the lowest grade, as supernumerary officers,
until a vacancy shall happen.
CHAPTER XXXIV.
THE NAVY AND MARINES.
1. The naval force of the United States consists of
eleven ships of the line, carrying seventy-four or more
guns each ; seventeen frigates, mounting usually forty-
four guns ; about twenty sloops, carrying from sixteen
to twenty guns ; and some twenty smaller vessels,
brigs, schooners, steamers, store ships and receiving
vessels. By act of congi-ess of 1827, the sum of five
hundred thousand dollars a year, for six years, was
appropriated for the gradual improvement of the navy ;
and that act was continued for six years longer from
the 3d of March, 1833. In 1819 it was estabhshed as
a rule, that all ships of the navy, then building, or
thereafter to be built, should be named, those of the
first class, or ships of the line, after the states of the
THE NAVY. 129
Union ; those of the second class, or frigates, after the
rivers ; and those of the third class, or sloops, after the
principal cities and towns.
2. The president is authorized to keep in actual
service, in time of peace, so many of the frigates and
other armed vessels of the United States, as in his
judgment the nature of the service may require ; and
to cause the residue to be laid up in ordinary, and in
convenient ports. He may also direct any of the armed
vessels to be sold, whenever he shall be of opinion
they are so much out of repair that it "will not be
for the interest of the United States to repair them.
The public armed vessels in actual' servdce, in time of
peace, are to be officered and manned as the president
shall direct. Vessels mounting upwards of twenty
guns are commanded by captains ; smaller vessels by
commanders or heutenants, according to the size of the
vessel, to be regulated by the president.
3. The regular complement of officers for a ship of
the Hne consists of a captain, six lieutenants, a captain,
first and second lieutenant of marines, a surgeon, chap-
lain, purser, and three surgeon's mates, appointed, as
all commissioned officers in the navy are, by the presi-
dent, with the approval of the senate ; a master, second
master, three master's mates, a boatswain, carpenter,
sailmaker, and twenty midshipmen, appointed by the
president alone, and called warrant officers ; and about
forty petty officers who are appointed by the captain of
the sliip. The crew of such a ship consists of tw^o
hundred able seamen, three hundred ordinary seamen
and boys, three sergeants, three corporals, one drum-
mer, one fifer, and sixty marines. A vessel of this
kind has also a teacher of languages or a professor of
mathematics.
4. The highest grade in the navy of the United
States, is that of captain. The title, commodore, is one
of courtesy merely, and is given properly to a captain
who is ordered to the command of a squadron ; but it
is now customary to apply it to captains in the com-
mand of navy yards, though they may never have
130 THE NAVY.
commanded a squadron. The term 2^ost captain is said
to be improperly used with us, being borrowed from
the British service, where it means one that shall take
post in order of battle, in a ship of the line. Surgeons,
surgeons' mates, chaplains and pursers are commis-
sioned officers, but are non-combatants. Passed mid-
shipmen are warrant officers merely, being those who,
having passed their examination as midshipmen, are
candidates for a commission as lieutenants. Professors
of mathematics and teachers of languages receive a
letter of appointment only.
5. The annual pay of officers of the navy varies,
according as they are employed about one or another
kind of duties, or are absent on leave, waiting orders, or
on furlough. Leave of absence is limited to a period not
exceeding three months, at one time, and the officer is
not authorized, without special permission, to go be-
yond the limits of the United States. Furlough may
extend to any period, during which the officer may go
where he pleases, and dispose of himself as he sees fit.
Officers on furlough receive only one half the pay to
which they would be entitled if on leave of absence ;
and no officer may be put on furlough but at his own
request. Officers are entitled to only one ration a day,
when attached to vessels for sea service, and no ser-
vants are allowed them, nor pay, clothing or rations for
servants ; nor any thing for expenses, excei)t for trav-
elling expenses when under orders, for which they
receive ten cents a mile.
6. It is lawful to enlist, for the navy, boys between
the ages of thirteen and eighteen years, with the con-
sent of their parents or guardians, to serve until they
arrive at the age. of twenty-one. Other persons are
enlisted for a period not exceeding five years, and may
be sooner discharged by direction of the president.
Rations are allowed in the navy in thi5 same manner
as in the army. No commissioned officer or midship-
man, nor any person under twenty-one years of age, is
permitted to draw the spirit part of the daily ration ;
and all other persons may relinquish that part, under
THE NAVY. 131
such restrictions as the president shall authorize. Those
who do not receive this part of the ration are entitled,
in hen of it, to its value in money, according to the
established prices.
7. The navy ration, as established by act of con-
gress, in 1842, consists of the daily allowance, for each
person, of a pound of salted pork, with half a pint of
peas or beans ; or a pound of salted beef, with half a
pound of flour, and a quarter of a pound of raisins,
dried apples, or other dried fruits ; or a pound of salted
beef, with half a pound of rice, two ounces of butter,
and two ounces of cheese, together with fourteen
ounces of biscuit, a quarter of an ounce of tea, or an
ounce of coffee or of cocoa, two ounces of sugar, and a
gill of spirits : and of a weekly allowance of half a
pound of pickles or cranberries, half a pint of molasses,
and half a pint of vinegar. In certain cases, other arti-
cles may be substituted for some of these ; or the arti-
ticles of butter, cheese, raisins, dried apples, or other
dried fruits, pickles and molasses, substituted for each
other and for spirits.
8. There are navy yards at Portsmouth, N. H.,
Charlestown, Mass., Brooklyn, N. Y., Philadelphia,
Pa., Washington, D. C, Gosport, Va,, and Pensacola,
Flor., each of which is under the command of a cap-
tain of the navy. At these navy yards, the vessels of
war are built and repaired, and navy materials, arms
and munitions of war are kept in store. There are ten
permanent navy agents, and about as many naval
storekeejpers, who are stationed at or near the navy
yards and other principal naval stations. Marine hos-
pitals to the number of twelve or upwards, for the
benefit of sick and disabled seamen, have been estab-
lished near the principal seaports, and on the waters of
the western rivers and lakes. These have been erect-
ed and supported, in part by general appropriations,
and in part with money from the marine hospital fund,
which is raised by deducting and retaining twenty
cents a month out of the pay of each of the officers,
132 POST OFFICE DEPARTMENT.
seamen and marines of the navy, and of the seamen
employed m merchant vessels.
9. There is a marine corps, consisting of about sixty
commissioned officers, upwards of two hundred non-
commissioned officers and musicians, and one thousand
privates. The members of this corps are on the same
footing, as to rank, pay and allowances, as those of
similar grades in the infantry. Enlistments are rnade
for the term of four years, and the recruits take the
same oath as those who enlist into the army. The
marine corps is subject to the regulations established
for the navy, except when detached for service with
the army. Detachments of the marines may be made,
and officers of the corps appointed, to act on board the
public vessels of war, as the president shall judge nec-
essary ; and when he shall so direct, this corps is liable
to do duty in the forts and garrisons on the seashore,
or any other duty on shore.
CHAPTER XXXV.
THE POST OFFICE DEPARTMENT.
1. The general post office is established at Wash-
ington, and is under the direction of the postmaster
general, who is authorized to appoint three assistants,
and the clerks of the department, at present about fifty
in number. In case of the death, resignation, or ab-
sence of the postmaster general, his powers and duties
devolve, for the time being, upon the first assistant
postmaster general. Every person employed in the
general post office, or in the care, custody, or convey-
ance of the mail, is required, before entering upon the
duties of his office, to take and subscribe, before some
magistrate, an oath or affirmation, a certificate of which
is to be filed in the general post office, faithfully to
POST OFFICE DEPARTMENT. 133
perform all the duties required of him, and to abstain
from every thing forbidden by the laws in relation to
the establishment of the post office and post roads.
2. The revenue arising in the post office depart-
ment is paid, under the direction of the postmaster
general, into the treasury of the United States ; and all
receipts of the treasurer for money entered to the credit
of that department, must be indorsed upon warrants
drawn by the postmaster general. The appropriations
for the service of the post office department, are dis-
bursed by the treasurer, out of the moneys thus paid
in, upon the wanunts of the postmaster general, duly
registered and countersigned. When, as has sometimes
happpened, the income of the department has been
insufficient to defray its expenses, congress has made
special appropriations for the purpose, out of other
moneys in the treasury. The gross annual revenue of
the department, is now nearly five millions of dollars ;
and the expenditures are usually about the same sum.
3. Some of the duties of the postmaster general
are, to establish post offices, and appoint postmasters at
such places as shall appear to him expedient, on the
post roads established by law; to give his assistants,
the postmasters, and other persons employed in the
department, instructions relative to their duties ; and to
provide for the carriage of the mail on all post roads
established by law, as often as he shall think proper,
having regard to all the chcumstances. He is to obtain
from the postmasters, once in three months, or oftener,
their accounts and vouchers, mth the balances arising
on them ; to prescribe the manner in which postmasters
shall pay over their balances ; and to superintend the
business of the department, in all the duties assigned
to it.
4. The postmaster general is required to give public
notice in one newspaper published at the seat of gov-
ernment of the United States, and in one or more of the
newspapers published in the state or territory in which
the contract is to be performed, for at least twelve
weeks before entering into any contract for carrying the
12
134 POST OFFICE DEPARTMENT.
mail, that such contract is intended to be made, speci-
fying the places from and to which the mail is to be
conveyed, the time when it is to be made up, and when
to be delivered. Contracts usually commence from the
first day of July, which is the beginning of the post of-
fice year; and no contract can be entered into for a
longer term than four years.
5. Proposals for transporting the mail are required,
to be delivered to the department sealed, and to be
kept sealed until the biddings are closed, when they
are opened in the presence of the postmaster general
and one of his assistants, or in the presence of two
assistants. The contracts, in all cases, are to be
awarded to the lowest bidder, except when his bid is
not more than five per cent, below that of the last con-
tractor on the route bid for, who shall have faithfully
performed his contract. Each bidder whose proposal
is accepted, is required to enter into an obligation, with
sufficient sureties, for the performance of the service ;
and every proposal when made, must be accompanied
by a written guarantee, signed by one or more respon-
sible persons, to enter into such obligation, if the bid
shall be accepted.
6. No stage or other vehicle which regularly per-
forms trips on a post road, or on a road parallel to one,
is allowed to carry letters, and the owner of the vehicle
is subject to a penalty of fifty dollars for the violation
of this provision. Only free white persons can be em-
ployed to carry the mail. Any person concerned in
conveying the mail, who shall receive or carry any let-
ter or packet, or procure it to be done, contrary to the
act of congress, is liable to a fine not exceeding fifty
dollars, for every such offence. But it is lawful for any
one to send letters by special messenger ; and the post-
master general, in entering into a contract with any
person for conveying the mail, may authorize him to
carry newspapers and pamphlets other than those car-
ried in the mail.
7. Post riders and other carriers of the mail may
receive, and if presented more than one mile from a
POST OFFICE DEPARTMENT. 135
post office it is their duty to receive any way letters
that may be offered to them, and they are bound to
deHver them, together with the postage, if paid, at the
first post office at wliich they shall afterwards arrive.
Such letters are there to be duly entered by the post-
master in the post bill, marked "way," and put into
the mail ; and they are to be charged, in addition to the
regular postage from the place where received by the
carrier, one cent each, which shall be paid by the post-
master to the carrier from whom the letter was re-
ceived.
8. The master of any vessel amving at any port in
the United States where a post office is established, is
required, before being permitted to make entry at the
custom house, to deliver to the postmaster all letters
directed to any person within the United States, which,
under his care or within his power, have been brought
in such vessel, except letters directed to the owner or
consignee of the vessel. The postmaster to whom the
letters are delivered, is bound to pay the master, or
other person delivering them, except the commanders
of foreign packets, two cents for each letter or packet ;
and for the amount thus paid, on furnishing the re-
quired vouchers, he is credited in his quarterly accounts
with the department.
9. The postmaster general is authorized to make
provision, where it is necessary, for the receipt of let-
ters and packets intended to be conveyed by any vessel
beyond sea, or from one port to another within the
United States. The letters so received are formed
into a mail, sealed up, and directed to the postmaster
of the port to \vhich the vessel is bound. For every
such letter or packet there is to be paid, at the time of
its reception, a postage of one cent, for the use of the
postmaster receiving the letter or packet. When let-
ters are sent by mail to a seaport, to be conveyed thence
by ship, the postage must be paid for the distance they
are carried in the mail, or they will not be mailed at the
port and put on board the ship.
136 POSTMASTERS.
CHAPTER XXXVI
POSTMASTERS.
1. The postmaster general had formerly the exclu-
sive power of appointing and removing all deputy post-
masters, at his pleasure. But since 1836, postmasters
for offices at which the annual income exceeds one
thousand dollars, are appointed by the president, with
the advice of the senate, for the term of four years,
unless sooner removed by the president. The number
of postmasters is nearly fourteen thousand, and the
patronage of the postmaster general, which, before the
change just referred to, it was remarked, rivalled if it
did not exceed that of the president himself, is still
enormous. The commissions of postmasters bear the
official seal of the department. "Upon the appointment
of any person to the office of postmaster, the post-
master general is required to take of him a bond with
approved security, in such sum as he shall judge suffi-
cient, conditioned for the faithful performance of the
duties of the office.
2. Every postmaster is required to keep an office in
which some person shall attend every day on which a
mail arrives, as well as on other days, at such hours as
the postmaster general may direct, for the performance
of the business of the office. It is the duty of the
postmaster at all reasonable hours, on every day of the
week, to deliver, on demand, any letter, paper or
packet, to any person authorized to receive it. And
all letters brought to any office half an hour before the
time of making up the mail, for the route by which
they are to be sent, must be forwarded by that mail,
excepting at offices where the postmaster general shall
prescribe a longer time, but not to exceed one hour, for
making up the mail. Where there is no special regu-
POSTMASTERS. 137
lation on the subject, postmasters are allowed seven
minutes for changing the mail, on the route.
3. Letters deposited in any post office to be sent by-
mail are disposed of in the following maimer. Those
for each office within the state, and also those for
each office without the state, to which they can be
conveyed by a route more direct than through a dis-
tributing post office, are put in a separate parcel, and
each parcel with a post bill specifying the number of
letters inclosed and the postage chargeable upon them,
is wrapped in paper, and tied with twine, and directed
to the proper office. All other letters are sorted, ac-
cording to the direction they are to take, and done up
in parcels, which are directed, " northern," " southern,"
" eastern," and " western," as the case may be, and are
forwarded accordingly. These parcels are stopped at
the first distributing office at which they arrive, and are
there opened, and their contents distributed and des-
patched in the proper direction. The number of dis-
tributing post offices averages about two to each state.
4. Postmasters receive for their compensation such
commission as may be allowed them by the postmaster
general on the postage collected by them respectively,
not to exceed the following rates on the amount re-
ceived in any one quarter, and heretofore it has been
fixed at these rates, namely ; thirty per cent, on any
sum hot exceeding one hundred dollars ; twenty-five
per cent, on any sum above the first one hundred dol-
lars, and not exceeding four hundred dollars; twenty
per cent, on any sum above the first foar hundred dol-
lars, and not exceeding two thousand four hundred
dollars ; and eight per cent, on any sum above the first
two thousand four hundred dollars. A commission of
fifty per cent, may be allowed on the postage received
for newspapers, magazines and pamphlets ; and where
the income does not exceed five handred dollars in one
quarter, the postmaster may be allowed two cents for
every free letter delivered out of the office, except-
ing such as are for himself There is a small ad-
ditional compensation at offices where the mail is
12*
138 POSTMASTERS.
regularly to arrive in the night time, and also at those
where foreign mails are received and despatched, and
at distributing offices.
5. Whenever the annual emoluments of any post-
master, after deducting the necessary expenses of his
office, amount to more than two thousand dollars, the
surplus is to be paid over to the postmaster general,
for the use of the department. And the postmasters of
the several cities of the Union are now required to
render to the postmaster general, under oath, a quar-
terly account of all emoluments received by them' for
boxes, or other receptacles for letters or papers, or for
the delivery of letters or papers at any other place than
the actual post office of the city, or accruing by reason
of keeping branch post offices. And if it shall appear
that the net amount received by either of such post-
masters, from all the sources enumerated, exceeds
three thousand dollars in any one year, the excess
above that sum is required to be paid over to the post
office department; so that now, no postmaster can
retain more than five thousand dollars a year, for all
services and perquisites whatsoever.
6. Each postmaster is required to publish, at the
expiration of every three months, or oftener if the post-
master general shall so direct, in one of the newspapers
published at or nearest the place of his residence, for
three successive weeks, a list of all the letters remain-
ing in his office ; or instead of that to make out a num-
ber of hsts, and post them up in public places in the
vicinity. At the expiration of the next three months,
such of these letters as then remain on hand, are to be
sent as dead letters to the general post office, there to
be opened and inspected. If any of them are found to
contain valuable papers, or matters of consequence,
they are returned to the writers of them, or are ad-
vertised in the manner prescribed by law, and the let-
ters and their contents are preserved, to be delivered
to the persons to whom they are addressed, upon pay-
ment of the postage and the expense of publication.
7. Postmasters are bound to render their accounts,
POSTMASTERS. 139
and pay over the balance by them due, at the end of
every three months. If any postmaster shall neglect or
refuse so to do, it is the duty of the postmaster general
to cause a suit to be commenced against him; and
any postmaster who fails to render his accounts for
one month after the proper time, forfeits double the
amount of the postages received at the same office, in
any equal portion of time previous or subsequent.
The post office department cannot be made responsible
for the safe conveyance and delivery of letters, or of
money or other articles sent in the mail. Nor are
postmasters responsible for losses, if they use due care
and diligence in discharging their duties, and exercise a
reasonable superintendence over the persons employed
by them. But postmasters, clerks and others in the de-
partment, are personally liable for losses and injuries
occasioned by their negligence or delinquency.
8. If any postmaster shall unlawfully detain in his
office any letter or packet, with intent to prevent the
arrival and delivery of it in the usual course of the
mail ; or if, with the same intent, he shall give a pre-
ference to any letter or packet over another passing
through his office, by forwarding the one and retaining
the other, he is liable to be fined not exceeding five
hundred dollars, and imprisoned not more than six
months. And any person employed in the post office
establishment, who shall unlawfully detain or open, or
shall secrete, embezzle or destroy any letter or packet
intrusted to him, and which is intended to be conveyed
by post, is subject to a ffiie not exceeding three hun-
dred dollars, or to imprisonment not exceeding six
months, or to both. But if the letter or packet, so
secreted, embezzled or destroyed, contained any of
certain specified securities or assurances relating to
money, the punishment is imprisonment for not less
than ten nor more than twenty-one years.
9. It is provided that any person who shall take
from a mail or post office, any letter or packet, whether
with or without the consent of the person having
charge of it, and shall open, embezzle or destroy it, if it
140 RATES OF POSTAGE.
contain any article of value, or evidence of debt, or the
like, shall be imprisoned from two to ten years. And if
any one shall take any letter or packet, not containing
any article of value, out of a post office, or shall open
any letter or packet, which has been in a post office,
or in the custody of a mail carrier, before it shall have
been delivered to the person to whom it is directed,
with a design to obstruct the correspondence, or to pry
into another's business or secrets ; or shall secrete,
embezzle or destroy any such letter or packet, he is
subject to a fine not exceeding five hundred dollars,
and to imprisonment not exceeding twelve months.
CHAPTER XXXVII
RATES OF POSTAGE AND FRANKING.
1. The rates of postage charged on all letters and
packets not excepted by law, conveyed in the mail of
the "United States, are the following : For every letter
composed of a single sheet of paper, conveyed not ex-
ceeding thirty miles, six cents ; over thirty and not ex-
ceeding eighty miles, ten cents ; over eighty and not
exceeding one hundred and fifty miles, twelve and a
half cents ; over one hundred and fifty and not exceed-
ing four hundred miles, eighteen and three fourths
cents; over four hundred miles, twenty-five cents.
Every letter composed of two pieces of paper is
charged with double, of three pieces, with triple, and
of four pieces, with quadruple those rates. For one or
more pieces of paper mailed as a letter and weighing
one ounce, avoirdupois, and for every packet composed
of one or more other articles, and weighing one ounce,
quadruple postage is charged, and at the same rate for
all greater weights.
2. The postage marked on any letter or packet, and
charged in the post bill accompanying it, is conclusive
RATES OF POSTAGE. 141
evidence of the lawful postage on such letter or packet,
in favor of the postmaster who delivers it, unless it be
opened in the presence of the postmaster or his clerk ;
and when so opened, such postage is to be pS.id as,
upon examination, shall appear to be lawfully chargea-
ble. No postmaster may receive, to be conveyed by
mail, any packet weighing more than three pounds.
Every letter lodged at any post office, not to be carried
by post, but to be there delivered, is chargeable with a
postage of one cent. Every letter or packet brought
into the United States, or carried from one port to
another in any private vessel, is charged with six cents,
if delivered at the post office where it is first received ;
if sent by post to any other place, two cents are charged
in addition to the ordinary rates of postage.
3. Every four folio, or eight quarto, or sixteen ocla-
vo, or twenty-four duodecimo, or smaller pages, what-
ever be the size of the paper, are considered a sheet ;
and the surplus pages of any pamphlet or magazine
are also considered a sheet. Every printed pamphlet
or magazine, which contains more than twenty-four
pages on a royal sheet, or any sheet of less dimensions,
is charged by the sheet, and small pamphlets printed
on a half or quarter sheet of royal or less size, are
charged with half the postage of a full sheet. It is re-
quired that there be printed or written on one of the
outer pages of all pamphlets and magazines that are to
be sent by mail, the number of sheets they contain ;
and if that number be not truly stated, double postage
is to be charged. The covers of pamphlets and maga-
zines are not reckoned, if used merely as covers, and
not containing printed matter.
4. Magazines and pamphlets, if published periodi-
cally, may be transported in the mail to subscribers, at
a postage of one cent and a half on each sheet, for any
distance not exceeding one hundred miles, and two
and a half cents for any greater distance. On such as
are not periodically published, the postage is four cents
a sheet for any distance not over one hundred miles,
and six cents if the distance exceed one hundred miles.
142 FRANKING.
Newspapers are charged with a postage of one cent
each, if conveyed not more than one hundred miles,
and a cent and a half for any greater distance ; but the
postage of a single newspaper from any one place to
any other in the same state, is but one cent. Newspa-
pers which are to be carried by mail are required to be
under cover, open at one end.
5. Any memorandum wTitten on a newspaper or
printed pamphlet, and sent openly by mail, is chargeable
with letter postage. Any person who shall enclose or
conceal a letter or other thing, or any memorandum in
writing, in a newspaper or pamphlet, or make any
wilting or memorandum thereon, and shall cause it to
be delivered into a post office in order to have it carried
by mail, free of letter postage, is liable to a fine of five
dollars. And, in such case, the letter, newspaper,
package, or other thing, shall not be delivered to the
person to whom it is directed, until the amount of
single letter postage is paid for every article of which
the package is composed.
6. The prohibition in regard to writing upon news-
papers and pamphlets, according to the construction
now put upon it by the department, extends to any
words, however few, other than the name of the person
addressed. Postmasters are directed to remove the
wrappers of transient newspapers and pamphlets,
which have reached their destination, and to examine
the papers. Those used as vehicles of communication,
by means of underscoring, dotting, or pricking letters or
words, or by other devices, are to be charged, on deliv-
ery, with letter postage. If refused or not taken out,
they are to be returned to the office where first mailed,
and the postmaster there is to collect the legal penalty
of five dollars, of the person who committed the of-
fence.
7. Certain persons are entitled, by law, to receive
and convey letters and packets, and to receive news-
papers, by post, free of postage. There are about forty
individuals who enjoy the privilege o? franking, in its
full extent, being the incumbents, for the time, of the
FRANKING. 143
principal executive offices of the national government,
and such persons as have held the office of presi-
dent of the United States, and the widows of these last.
Each member of congress has this privilege from the
period of sixty days before he takes his seat until the
meeting of the next congress ; provided that each letter
or packet, except documents printed by the order of
either house, do not exceed two ounces in weight, and
in case of excess of weight, that excess alone is to be
paid for. The secretary of the senate and clerk of the
house of representatives have the same privilege as
members of congress, but restricted to the period of
sixty days before and after each session.
8. All postmasters are allowed to send and receive,
free of postage, letters and packets containing nothing
other than paper or money, and not exceeding half an
ounce each in weight ; and they may receive one daily
newspaper or its equivalent. Every printer of news-
papers is entitled, under certain regulations, to send
one paper to every other printer of newspapers within
the United States, free of postage ; and the governor
and the adjutant general of each state have the privi-
lege of franking, for particular limited purposes. When
a letter or packet is to be franked, the individual writes
upon it the word " free," to which he signs his name
and adds the office that gives him the privilege of
franking. No person who has tliis privilege, except the
head officers of the several executive departments in
certain cases, can frank letters other than those written
by liimself, or by his order, on the business of his office,
under a penalty of ten dollars.
144 PATENTS AND COPYRIGHTS.
CHAPTER XXXVIII.
PATENTS AND COPYRIGHTS.
1. The patent office is attached to the department
of state, and at the head of it is the co7nmissioner of
patents, who is appointed by the president, with the
advice and consent of the senate. It is his duty, under
the direction of the secretary of state, to superintend
and perform all required acts in respect to the granting
of patents for new and useful discoveries, inventions
and improvements, and he has the charge and custody
of all books, records, models, and other things belong-
ing to the office. The persons employed in the office,
consisting of five clerks, two assistant examiners, a
machinist, and a messenger, are appointed by the com-
missioner of patents, subject to the approval of the
secretary of state. The chief clerk, in the necessary
absence of the principal officer, or of a vacancy in that
office, performs the duties of commissioner, for the
time being.
2. Any person wishing to procure a patent for any
new and useful art, machine, or manufacture, may for
that purpose make application in writing to the com-
missioner of patents. He must file in the patent office
a written description or specification of the invention
or discovery, and of the manner of making and using it,
expressed in clear and exact terms ; and in case of a
machine, he must explain the principle on which it
operates, and specify the part, improvement, or combi-
nation which he claims as his own invention. He must,
when the nature of the case will admit of it, accom-
pany the whole with drawings and written references ;
and if it can be done, furnish a model of his invention,
of a convenient size to exhibit its several parts. The
applicant is required to make oath or affirmation that
PATENTS. 145
he verily believes he is the original inventor or discov-
erer of the art, macliine, or improvement in question.
3. No application for a patent will be considered by
the commissioner, until the applicant has paid into the
treasury of the United States, or into the patent office,
thirty dollars, commonly, if he be a citizen of the
United States, or an alien who has resided in the
United States one year and made oath of his intention
to become a citizen; five hundred dollars, if a subject
of the king of Great Britain; and any other person,
three hundred dollars. The money thus received into
the treasury constitutes a fund for paying the salaries
of the officers and clerks, and other expenses of the
patent office, and is called the patent fund. In case the
applicant shall voluntarily withdraw his application, re-
linquishing his claim to the model, he is entitled to re-
ceive back two thirds of the duty paid into the treas-
ury, on account of the application.
4. It was enacted by congress in 1842, that any citi-
zen, or any alien having resided one year in the United
States, and taken the oath of his intention to become
a citizen, who by his own industry, genius and ex-
pense, may have invented or produced any new and
original design for a manufacture, or for the printing of
fabrics, or for a bust, statue, or the like, or any new
and original impression or ornament, or new and useful
pattern or print, to be worked into or printed or fixed
on any article of manufacture, or any new and original
shape or configuration of any article of manufacture,
may obtain a patent therefor, on making application in
the usual way. The fee in such cases is one half the
sum which, by existing laws, would be required of the
particular applicant, and the duration of the patent is
seven years.
5. Whenever, upon examination, the commissioner
shall be of opinion, that the party applying is not enti-
tled to a patent, upon his existing application, he is
required to notify the applicant to that efiect; who may
then withdraw his application, or modify it, and submit
it again to the commissioner, and if his decision is ad-
13
146 PATENTS.
verse, he may appeal to the chief justice of the district
court for the District of Cohimbia. If a patent be re-
fused by the commissioner, or by the chief justice of
the District of Cohimbia on appeal from the commis-
sioner, the party may have a remedy by a bill in
equity, in the circuit court of the United States. When
the commissioner shall be of opinion that the applicant
is entitled to a patent upon his specification and claim,
as well as when his right has been established in
either of the modes to which he may resort, a patent
is granted accordingly.
6. All patents issue in the name of the United States,
under the seal of the patent office, signed by the secre-
tary of state, and countersigned by the commissioner
of patents ; and they are required to be recorded, to-
gether with the specifications and drawings, in the pa-
tent office. Every patent contains a general descrip-
tion of the invention or discovery, and it grants to the
applicant, his legal representatives and assigns, the ex-
clusive right to make, use and sell the invention or dis-
covery, for a term not exceeding fourteen years. Pa-
tents may be extended for a further term of seven
years, when, upon a hearing before the secretary of
state, the commissioner of patents, and the solicitor of
the treasury, it shall appear to that board that the pa-
tentee, without fault on his part, has failed to obtain
from his invention a reasonable remuneration for the
time, ingenuity and expense bestowed upon it, and
they shall deem such extension just and proper.
7. It is the duty of the commissioner to cause to be
classified and arranged, in rooms and galleries provided
for that purpose, in such manner as shall be conducive
to a beneficial and favorable display of them, the mod-
els, and specimens of compositions, and of fabrics, and
other manufactures and works of art, patented and un-
patented, which are deposited in the patent office.
These rooms are to be kept open during suitable hours,
for public inspection. In December, 1836, the patent
office was burnt with all its contents, including the
models, specifications, and drawings, and the records
COPYRIGHTS. 147
and other documents. Congress, in 1837, passed an
act requiring the commissioner of patents to procure
dupHcates to replace such of the models thus destroyed
as were most valuable and interesting, provided they
could be obtained at a reasonable expense, the whole
amount of expenditure for that purpose not to exceed
one hundred thousand dollars.
8. The act of 1842 provides, that if any person shall
stamp upon anything made or sold by him, for the sole
making and selling of which he has not obtained a pa-
tent, the name of any other person w^ho has obtained
such patent, without the consent of the patentee ; or if
any person, upon any such thing, without the license
of the patentee, shall stamp the word "patent", or
words of the like import, with the intent of counterfeit-
ing the mark of the patentee, or shall affix any such
word on an unpatented article, for the purpose of de-
ceiving the public, he shall be -liable to a penalty of not
less than one hundred dollars. All patentees and as-
signees of patents granted after the passage of the act
in question, are required to have the date of the patent
stamped or engraved on each article sold, or offered for
sale ; and the neglect to do so subjects the party to the
penalty above specified.
9. As embraced under the same design, to promote
the progress of science and useful arts, the subject of
copyrights may be treated of in this connection. Any
person being a citizen or resident in the United States,
who shall be the author of any book, map, chart, or
musical composition, or shall invent, design, etch, or
engrave any print or engraving, and the executors, ad-
ministrators, or legal assigns of such person, have the
sole right of printing, publishing, and selling the work,
for the term of twenty-eight years from the time of
recording the title of it. And there is such provision
made, that at the expiration of this time the exclusive
right may commonly be continued for the further term
of fourteen years, upon recording the title of the work
anew, and complying with all other regulations required
148 - COPYRIGHTS.
in regard to original copyrights, and that within six
months before the expiration of the first term.
10. In order to entitle any person to the benefit of
copyright, he must, before publication, deposit a print-
ed copy of the title of the book, map, or other article,
in the clerk's office of the district court for the district
in which the author or proprietor resides, to be there
recorded. He must also give information of copy-
right being secured, by inserting in each copy of every
edition published during the term secured, on the title
page, or the page immediately following, if it be a book,
or if a map, or the like, on the face of it, a notice of the
entry. The author or proprietor is required also, with-
in three months after the publication of the work, to
cause a copy of it to be delivered to the clerk of the
district in which he resides. The copies so deposited,
the clerk transmits to the secretary of state of the
United States, to be preserved in his office.
11. After the title of any work has been duly record-
ed, no person may print, publish, or import any copy of
it, without the consent of the person legally entitled to
the copyright, first obtained in writing, signed in the
presence of two or more credible witnesses; and a
violation of this provision subjects the offender to a
forfeiture of all the copies or sheets, and also to a fur-
ther penalty. There is no prohibition against import-
ing or publishing any work, the author of which is not
a citizen of the United States, nor resident within their
jurisdiction. It is allowable to make what, under the
circumstances, would be considered fair quotation from
a book, but one may not, under the pretence of quo-
tation, publish the whole, or any material part of the
work. A real and fair abridgment of a book is not a
violation of copyright; such an abridgment being re-
garded as an original work.
12. Any person who shall print or publish any
manuscript, without the consent of the author or legal
proprietor, first obtained in writing and duly witnessed,
if the author or proprietor be a resident of the United
NEW STATES AND TERRITORIES. 149
States, is liable to pay to him all damages occasioned
thereby ; and the courts of the United States are
autliorized to grant injunctions to restrain such pubU-
cation of any manuscript, in the same manner as they
may to prevent the violation of the rights of authors
and inventors. Private letters of the character of liter-
ary composition, have been held to be protected as
literary property, and the receiver of such letters has
no right to publish them. So Avhere the publication of
letters would be a breach of confidence, or be injurious
to others, it has been restrained by the courts.
CHAPTER XXXIX.
NEW STATES AND TERRITORIES.
1. The constitution of the United States provides,
that new states may be admitted by congress into the
Union; but no new state can be formed witliin the
jurisdiction of any other state, nor by the junction
of two or more states, or parts of states, without the
consent of the legislatures of the states concerned,
as well as of congress. Under the authority thus
granted, thirteen new states have been added to the
thirteen which at first composed the Union. Of these
states, Vermont was originally claimed by New York,
but it withdrew and established a separate government
before the close of the revolutionary war ; Kentucky
was taken from Virginia ; Tennessee from North Caro-
lina ; and Maine from Massachusetts. The rest of the
new states were formed out of the public domain.
Previous to their admission, these states, under the
authority of congress, had framed for themselves state
constitutions.
2. Some of the new states were admitted upon cer-
tain fundamental conditions prescribed by the United
States. Louisiana was required to provide bv its con-
13^
150 NEW STATES.
stitution, that the laws passed by the state should be
promulgated, its records preserved, and its judicial and
legislative proceedings conducted, in the English lan-
guage. It was also made one of the conditions, on the
admission of that state and of Mississippi, that the
river Mississippi, and the navigable rivers and waters
leading into it, or into the gulf of Mexico, should for-
ever remain common highways, free to the inhabitants
of those states, and of the United States. The admis-
sion of Missouri was coupled with a condition limiting
a certain clause of the constitution of that state ; and
Michigan was admitted upon the condition of its ac-
cepting the boundaries established for the state by
congress.
3. To the several states of Ohio, Indiana, Illinois,
Alabama, Missouri, Arkansas, and Michigan, on their
admission, certain propositions were offered by con-
gress, for their free acceptance or rejection, which hav-
ing been accepted are binding upon the United States.
One of these propositions was, that section numbered
sixteen, in every township, and where that section had
been sold, or otherwise disposecl of,. other lands equiv-
alent, and most contip,uous to it, should be granted to
the state, or the inhabitants of the township, for the
use of schools. It was also proposed that a specified
quantity of land, usually seventy-two sections, or two
townships, in each state, should be reserved for the
use of a seminary of learning, and vested in the legis-
lature of the state, to be appropriated by it solely to that
use. To some of those states land was granted for the
purpose of fixing their seat of government, and erect-
ing public buildings.
4. Another proposition was, that all salt springs,
within each of these states, with the land reserved, or
which might be designated in the mode prescribed, for
the use of them, not exceeding, in the whole, thirty-six
entire sections, should be granted to the state for its
use, or that of the people, to be used under such terms
and regulations as the legislature of the state should
direct ; provided that they should not be sold nor leased
NEW STATES. 151
for a longer period than ten years, at any one time. In
Missouri, Arkansas, and Michigan, the number of springs
reserved was limited to twelve ; and six adjoining or
contiguous sections of land were allowed for each. In
Ohio the reservation was of the Scioto salt springs, and
the township including them, and the salt springs near
the Muskingum river and in the military tract, with the
sections of land which include them.
5. It was further proposed to these seven states, that
five per cent, of the net proceeds of the lands lying
within them, respectively, and which should be sold by
congress, should be reserved for certain public purposes.
A similar reservation was made in regard to Louisiana
and Mississippi. Of this money, in Illinois three fifths
are to be appropriated for the encouragement of learning,
m Indiana, Mississippi, Alabama, and Missouri, tlii-ee
fifths, and in Louisiana, Ai'kansas, and Michigan, the
whole, for making public roads, canals, and the like, in
those states, under the direction of the several state leg-
islatures. In Indiana, Ilhnois, Mississippi, Alabama, and
Missouri, two fifths are to be applied to the making of
roads leading to those states, and in Ohio the whole to
laying out and making roads leading from the navigable
waters emptying into the Atlantic, to the Ohio, and to
and through the state, under the direction of congress.
6. The propositions above recited were offered upon
certain conditions, for the fulfilment of which the con-
ventions of all the states above named were to provide
by an ordinance, irrevocable without the consent of the
United States. These conditions, some or all of which
were prescribed for each of those states, were, that the
waste and unappropriated lands within such state should
be at the sole disposal of the United States ; that no tax
should be imposed on lands the property of the United
States ; that all land sold by congress should be exempt
from any tax laid by or under the authority of the state,
for five years after its sale, and bounty lands granted for
services during the late war, for three years from the
date of the patents, provided they continued to be held
by the patentees, or their heirs ; and that the lands of
152 , TERRITORIES.
non-resident proprietors should in no case be taxed high-
er than those of residents.
7. The constitution hkewise vests in congress pow-
er to dispose of, and make all needful rules and regula-
tions respecting the territory or other property belonging
to the United States. The region lying northwest of
the river Ohio, extending to the Mississippi river, which
was then the western boundary of the territory of the
United States, and including the present states of Ohio,
Indiana, Illinois, and Michigan, and the territory of
Wisconsin, was fii'st erected into a tenitorial govern-
ment under the ordinance of 1787. This ordinance,
which was drawn up by Nathan Dane, then a member
of congress from Massachusetts, was established by
congress, and consisted of certain articles of compact
between the original states and the people and states
within that territory, which were forever to remain un-
alterable, unless by common consent.
8. The ordinance of 1787 contained many salutary
provisions for the security of civil, religious and politi-
cal liberty, and good goveinment. Among other things
it provided, that there should be neither slavery nor in-
voluntary servitude in the territory, otherwise than in
the punishment of crimes, upon due conviction of the
party. It declared that there should be formed within
the territory in question not less than three nor more
than five states ; and that whenever any one of those
states should contain sixty thousand free inhabitants,
it should be admitted into the Union, on an equal foot-
ing with the original states, and be at liberty to form a
permanent constitution and state government, which
however must be republican, and in conformity to the
principles contained in the ordinance.
9. All the territory of the United States west of the river
Mississippi, extending to the Pacific Ocean, and includ-
ing the present states of Missouri, Arkansas, and a part
of Louisiana, and the territory of Iowa, was originally
called the territory of Louisiana. This whole territory
was purchased of France, for about fifteen millions of
dollars, and was cpded to the United States by treaty
TERRITORIES. 153
of 1803. In the act of congress authorizing the people
of Missouri to form a constitution and state govern-
ment, it was provided, in consideration of slavery being
allowed to exist in that state, that in all the territoiy
ceded by France, which hes north of thirty-six degrees
and thirty minutes north latitude, not included within
the limits of the state of Missouri, slavery and involun-
tary servitude, except in the punishment of crimes,
should be, and they were thereby, forever prohibited.
10. The territory of Florida was ceded to the United
States by Spain, by treaty made in 1819, but not ratified
by the United States till 1821, when it went into effect.
In this territory and in Wisconsin and Iowa, there are
territorial governments established by congress. In all
that portion of the original territory of Louisiana not
included in the states that have been established west
of the Mississippi river, or in the territory of Iowa, no or-
ganized government exists. A part of this territory, west
of Missouri and Arkansas, is appropriated to the Indian
tribes that have been removed from the states to that
region. The remainder of the territory is little inhabit-
ed, but is in the possession, so far as it is occupied at
all, of various independent tribes of Indians.
11. In the several territorial governments, the execu-
tive power is vested in a governor, who is appointed by
the president, with the advice of the senate, for the term
of three years, unless sooner removed by the president.
There is a secretary, appointed in like manner for four
years, who, in case of the necessary absence of the gov-
ernor from the territory, or of a vacancy in that office,
performs the duties of governor, for the time being. The
legislative assembly in each territory consists of a coun-
cil or senate, and a house of representatives, all chosen
by the qualified voters of the respective territories. The
governor has a qualified negative upon laws passed by
the assembly, and they are furthermore subject to the
revision and disapproval of congress. The District of
Columbia is under the immediate superintendence and
government of congress.
154
GENERAL LAND OFFICE-
CHAPTER XL.
THE GENERAL AND SUBORDINATE LAND OFFICES.
1. The executive duties appertaining to the survey-
ing and sale of the pubUc lands of the United States,
and also such as relate to private claims of land, and
the issuing of patents for all grants of land under the
authority of the national government, are subject to
the supervision and control of the commissioner of the
general land office, under the direction of the president.
The commissioner has the charge of the records, books
and papers relating to the public lands, and it is his
duty to furnish, and certify under the seal of the gen-
eral land office, copies of any documents in his office,
when applied for, to be used in evidence in courts of
justice. He is also bound, when required by the pres-
ident, or either house of congress, to give such infor-
mation as may be directed, relative to the public lands,
and concerning the business of his office.
2. There is a principal clerk of the public lands, and
one of private land claims, who perform such duties as
are assigned to them by the commissioner ; and in case
of vacancy in the office of commissioner, or of the
absence of that officer, the principal clerk of the pub-
lic lands discharges the duties of that station, for the
time being. There is also a principal clerk of the sur-
veys, whose duty it is to direct and superintend the
making of surveys, and all matters relating to them,
and to perform such other duties as are assigned to
him by the commissioner. The president of the United
States is allowed a secretary, who, under the direction
of the president, signs for him, and in his name, all
patents for lands sold or granted under the authority of
the United States.
3. The recorder of the general land office is required
to certify, and affix the seal of that office to all patents
LAND OFFICES. 155
for public lands, in pursuance of instructions from the
commissioner, and to countersign such patents, and
attend to the coiTect engrossing, recording and trans-
mission of them. There is a solicitor of the general
land office, whose business it is to examine, and report
to the commissioner, the state of facts in all cases
referred to him by the commissioner, which involve
questions of law, or where the facts are in controversy
between the agents of the government and individuals,
or there are conflicting claims of parties before the
department, with his opinion on such cases. When re-
quired, he is to advise the commissioner on all ques-
tions relative to the public lands, and to render other
professional services, connected with the business and
duties of the department.
4. All patents issuing from the general land office,
are required to be in the name of the United States,
signed for the president by his secretary, countersigned
by the recorder of the general land office, and recorded
in that office in books kept for the purpose. Warrants
issued by the secretary of war, for lands granted by the
United States for militaiy services, are recorded in the
land office, and patents are afterwards issued. The
commissioner of the general land office, the solicitor,
each of the tlnee principal clerks, the recorder, and the
secretary to sign patents, are all appointed by the pres-
ident, with the consent of the senate. There are nearly
one hundred clerks and other persons, employed in the
general land office, who are appointed by the commis-
sioner of that office.
5. There are, at present, established in the several"
states and territories in which the public lands of the
United States are situated, about seventy subordinate
land offices, each of which is under the direction of an
officer called the register of the land office, who is
required to reside at the place where such land office
is kept. There is also a receiver of p^iMic moneys, at
each of the places where public or private sales of
lands of the United States are made, who receives pay-
ment for lands sold, and gives receipts for the money.
156 LAND OFFICES.
Whenever the quantity of land, remaining unsold in
any land district, is reduced to less than one hundred
thousand acres, it is the duty of the secretary of the
treasury to discontinue the land office in such district,
unless it be at the seat of government of any state,
6. The several registers are required to receive and
enter in books kept exclusively for that purpose, the
applications of any person for the purchase of any sec-
tion or legal subdivision of a section of land, who shall
produce a receipt from the treasurer of tiie United
States, or the receiver of public moneys, for the amount
of the purchase money, and also a written memoran-
dum, describing the tract to be entered ; and the regis-
ter is to file the receipt and memorandum, and give the
party a copy of his entry. A patent for the land after-
wards issues from the general land office. The reg-
isters are bound to inform any person applying for a
particular tract of land, whether it has been already
entered, and any register who knowingly and falsely
informs the applicant that such land has been entered,
and refuses to admit him to enter it, is liable to pay him
five dollars for each acre which he offered to enter.
7. The registers and receivers are appointed by the
president, with the advice of the senate, and give bonds
in the sum of ten thousand dollars each. They have
an annual salary of five hundred dollars, and a com-
mission of one per cent, on all moneys entered and
received by them respectively ; but the whole amount
which any register or receiver may retain, is not to ex-
ceed three thousand dollars in any one year. Receivers
are required to make monthly returns of the moneys
received in their several offices, to the secretary of the
treasury, and to pay over the money pursuant to his
instructions. They also make like monthly returns,
and transmit quarterly accounts current between their
offices and the United States, to the commissioner of
the general land office, who audits and settles the
accounts relative to the pubhc lands, certifies the bal-
ances, and transmits the accounts, with their vouchers,
to the first comptroller, for his decision upon them.
PUBLIC LANDS. 157
CHAPTER XLI.
THE PUBLIC LANDS.
1. The public domain of the United States em-
braces the territory acquired under the treaty of peace
with Great Britain; the territories of Louisiana and
Florida, ceded by France and Spain; and the lands
ceded by individual states. The cessions made by the
several states were generally expressed to be for the
common benefit of all the states. Most of the territory
lying northwest of the river Ohio belonged to Vir-
ginia, and the cession made by that state, in 1766, was
declared to be for a common fund for the use and ben-
efit of such of the United States as were or should
become members of the federal alliance, according to
their usual respective proportions in the general charge
and expenditure, and for no other use or purpose what-
soever. .
2. A surveyor general of the lands northwest of the
Ohio river was appointed in 1796. Other surveyors gen-
eral, to the number of eight in all, have been appointed,
from time to time, for different portions of the public
territory. They are authorized to engage a sufficient
number of skilful surveyors as their deputies ; and it is
their duty, pursuant to directions of the president, to
cause the public lands, within their respective limits, to
which the Indian title has been extinguished, to be
surveyed and divided in the manner prescribed by law.
Surveyors general are appointed by the president, with
the approval of the senate, for four years, unless sooner
removed. They are required to give bonds in the sum
of thirty thousand dollars, conditioned for the faithful
performance of their duties.
3. The public lands, when surveyed, are divided, as
far as practicable, by north and south lines, run accor-
ding to the true meridian, and by others crossing them
14
158 PUBLIC LANDS.
at right angles, so as to form townships of six miles
square. The townships are numbered consecutively,
and are divided, by parallel lines run through them
each way, into sections containing six hundred and
forty acres, or a mile square, which sections are num-
bered, beginning at the northeast section, and proceed-
ing Avest and east, alternately, through the township,
with progressive numbers, from one to thirty-six inclu-
sive. The public Jands were at first divided into no
smaller portions than sections, but by sundry acts of
congress their subdivision has been authorized, in 1800
into half sections, in 1805 into quarter sections, in 1820
into half quarter sections, and in 1832 into quarter
quarter sections.
4. All public lands -of the United States, when ex-
posed to public sale, are required to be offered in half
quarter sections, and when offered at private sale, they
may be purchased, at the option of the purchaser, in
entire sections, or in half, quarter, half quarter, or quar-
ter quarter sections. Since 1820, no credit is allowed
for the purchase money, on the sale of public lands, but
every purchaser, if at public sale, must make payment
on the day of the purchase ; if at private sale, before
entering the land at the land office. The price at which
public lands are offered for sale is one dollar and
twenty-five cents an acre, and no public land can be
sold, either at public or private sale, for a less price ;
and at public sales, the highest bidder -who shall make
payment duly, is the purchaser. Prior to the introduc-
tion of the cash system, in 1820, the price was two
dollars an acre.
5. The money derived from the sales of lands be-
longing to the United States, has heretofore been paid
into the public treasury, and applied towards defraying
the ordinary expenses of the government. By an act
passed at the extra session of congress, in 1841, the
proceeds of the sales of such lands, after deducting all
expenses incurred in the care and management of the
public lands, and after certain reservations in favor of
the states in which the lands are situated, were to be
PUBLIC LANDS. 159
distributed, payable half, yearly, among the several
states of the Union, and the territories, and District of
Cohimbia, according to their respective federal popu-
lation, as ascertained by the last census, to be apphed
by the state legislatures to such purposes as they should
deem proper. The distribution was to cease in case of
war ; and also whenever the rate of duties on any arti-
cles imported should be raised above twenty per cent,
on the value of them. The latter event having oc-
curred, the act in question is rendered inoperative.
6. A law was passed in 1807, prohibiting all per-
sons from taking possession of, or making settlements,
without authority, upon lands ceded to the United
States, and the president was empowered to direct the
proper marshal to remove such intruders, and they
were moreover, in certain cases, liable to be punished
by fine and imprisonment. It has, however, been the
practice, to a great extent, for persons to settle upon the"
public lands, without right or title, and to cultivate and
improve them. Such settlers are known by the name
of squatters. In order to hold out encouragement for
the settlement of the vacant lands, congress has from
time to time passed various laws, called pre-emption
laws, securing to actual settlers certain privileges, and
especially the preference in becoming the purchasers,
at the government price, of the lands on which they
shall have settled.
7. By the act of 1841, it is provided that every per-
son, being the head of a family, or a widow, or single
man over the age of twenty-one years, and being a
citizen of the United States, or having duly filed a
declaration of intention to become such, who, since the
first day of June, 1840, may have made a settlement in
person, upon public lands to which the Indian title has
been extinguished, and which have been surveyed, and
who shall inhabit and improve the land and erect a
dwelling upon it, may, with certain limitations and ex-
ceptions, and upon complying with the required con-
ditions, enter with the register of the land office for the
district in which the land lies, by legal subdivisions, any
160 FOREIGN MINISTERS AND CONSULS.
number of acres not exceeding one hundred and sixty,
to include the person's place of residence, by paying to
the United States the government price of the land.
CHAPTER XLII
FOREIGN MINISTERS AND CONSULS.
1. Ambassadors, or ministers, are diplomatic repre-
sentatives of their sovereigns or states, resident at
foreign courts, for purposes of negotiation and friendly
intercourse between their own countiy and that to
which they are deputed. It is through the correspon-
dence of its foreign ministers that a government is kept
advised of the policy and movements of the govern-
ments at which they are stationed, and of others which
are there represented. Ministers act under instructions
from their own government, and their authority extends
to conducting the ordinary diplomatic intercourse, and
such special negotiations as may be intrusted to them.
According to the prevailing usage, a minister is not
invested with power to bind his sovereign or state con-
clusively, by treaty; but the government reserves to
itself the right to ratify or dissent from the treaty en-
tered into by its minister.
2. The persons of foreign ministers are inviolable;
they are exempt from all allegiance to the state to
which they are delegated, and are not amenable to its
jurisdiction, civil or criminal. By fiction of law, they
are considered as out of the territory of the foreign
power, and within that of their own country, the gov-
ernment of which has exclusive cognizance of their
conduct. The attendants of a minister attached to his
person, and the house in which he resides, are equally
privileged. But in case of any gross insult, or open at-
tack upon the laws or government of the nation to
which the minister is sent, that nation may refuse to
FOREIGN MINISTERS AND CONSULS. 161
treat with him, or may apply- to his own sovereign for
his recall, or he may be dismissed and required to de-
part within a reasonable time.
3. There are several classes of diplomatic agents.
Ambassadors are of the highest grade ; envoys extraor-
dinary and ministers j^tlenipotentiary , of the second ; and
charges d' affaires, of the third. Ministers resident hold
a rank and dignity intermediate between the last two
classes, being placed sometimes with the one, some-
times with the other. The United States have never
deputed any person with the rank of ambassador, but
they are usually represented at the courts of foreign
powers of the first class, by ministers plenipotentiary ;
and at those of inferior grade by charges d' affaires, or
sometimes by ministers resident A minister plenipo-
tentiary is regularly accompanied by a secretary of lega-
tion, who, in the absence of the minister, or while that
office is vacant, performs some part of the duties of
minister.
4. The president is authorized to allow not exceed-
ing the rates, respectively, of nine thousand dollars a
year to a minister plenipotentiary, six thousand to a
minister resident, four thousand five hundred to a
charge d' affaires, and two thousand to a secretary of
legation, as a compensation for all their personal services
and expenses. And he may allow to a minister pleni-
potentiary or resident, or a charge d' affaires, on going
from the United States to any foreign country, an outfit
not greater than one year's full salary. It has been the
practice to allow as salaries the full sums above named,
and an outfit, where authorized, equal to one year's
salary. All these diplomatic functionaries are required
to be appointed by the president, with the advice of the
senate ; but in the recess of the senate the president
may make appointments, which shall be submitted to
the senate, for confirmation, at their next succeeding
session.
5. Consuls are commercial agents, appointed to re-
side in foreign seaports, to watch over the commercial
rights and interests of the nation by which they are
14*
162 CONSULS.
constituted. They are not public ministers in such a
sense as to be entitled to the privileges and immuni-
ties belonging to that character, nor do they enjoy any
peculiar protection of the law of nations, but are sub-
ject to the jurisdiction of the country in which they re-
side. Consuls of the United States are sometimes sent
out from this country, and sometimes persons are ap-
pointed to that office who are citizens or subjects of the
foreign comitry at the ports of which they are sta-
tioned. They are frequently merchants who are en-
gaged in active commercial pursuits. They are ap-
pointed by the president, with the approbation of the
senate, and are usually paid by fees for their official
services. But the consuls at the Barbary States, Mus-
cat, China, the Independent Pacific Islands, and Hayti,
have an annual salary of two thousand dollars each,
and the consul at Algiers four thousand, instead of fees;
and those at London and Paris each receive two thou-
sand dollars a year or upwards, in addition to their fees.
6. By the laws of the United Slates, consuls are
authorized to receive the protests of shipmasters and
other persons, relative to the commerce of the United
States, or to the personal interest of any of their cit-
izens. It is their duty, where the laws of the country
permit, to administer on the personal estate of citizens
of the United States, dying within their respective con-
sulates and leaving there no legal representative. They
are also required, in the absence of the master, owner
or consignee, to take measures for saving vessels of the
United States and their cargoes, when stranded on the
coasts of their consulates ; and to provide subsistence
for American seamen, who may be found destitute
within their districts, and send them home at the public
expense. To secure the faithful performance of their
duties, consuls are required to give bonds in a sum not
less than two thousand, nor more than ten thousand
dollars.
INTERNATIONAL RELATIONS. 163
CHAPTER XLIII
INTERNATIONAL RELATIONS.
1. All independent nations stand on a basis of
equality, with respect to eacii other, and no nation has
a right to control or dictate the internal polity of any
other. The laws of any nation have no intrinsic force
beyond the limits of its own territory, but by mutual
comity nations are in the practice of paying a certain
degree of respect and observance to foreign laws and
usages. In their intercourse with each other, nations
act, in some measure, on principles of reciprocity ; as
in the case of laying discrmiinating duties on im-
ports, whereby the products of a particular country are
made to pay higher duties than those of other countries.
2. The relations and intercourse of nations are
commonly established and regulated by treaties. Trea-
ties are made by diplomatic agents or ministers, Avho
are invested with authority for the purpose, by their
respective governments, and who meet usually at the
court of one of the powers, if they are at peace with
each other, and deliberate upon the matters which are
the subject of consideration. When the terms of the
treaty have been digested and settled, they are put in
writing, and two exact copies are made, which are
signed and sealed by the ministers who conduct the
negotiation. One of these copies is sent to the govern-
ment of each of the contracting powers, and when rati-
fied by them both, and not before, the transaction takes
efiect as a treaty.
3. In time of peace, friendly intercourse bet^veen
nations is kept up by means of their diplomatic repre-
sentatives, stationed at each other's courts. In case of
war, these representatives return home, and all inter-
course between the two nations is broken off Some-
times when a serious misunderstanding arises between
164 INTERNATIONAL RELATIONS,
nations, threatening war, the ministers are either re-
called by their own government, or dismissed by that
at which they are resident, and thus the amicable rela-
tions subsisting between them are interrupted. There
are certain measures occasionally resorted to by one
nation to harass the commerce of another, which are
not strictly belligerent, but are of a hostile character,
and tend to bring on war ; such as issuing letters of
marque and reprisal, and laying embargoes.
4. Letters of marque and reprisal, or commissions
from the government to individuals to seize the prop-
erty of the delinquent state or of its subjects, are
designed as a means of obtaining redress. They are
granted in cases where one nation, in its public capa-
city, or by its subjects, has been guilty of some specific
and palpable injury to another nation, or its subjects, as
by withholding a just debt, or by violence to person, or
property, and ref).ises to make reparation. A letter of
tnargue is properly an authority to cross the boundary
of the injurious party; one of reprisal, to seize his prop-
erty ; but the two are coupled together. The property
so taken is brought into port, and detained as a pledge,
or sold under the proper judicial authority.
5. An embargo is a prohibition laid upon the de-
parture of vessels and their cargoes, from the ports of
a state, during a certain specified time, or indefinitely.
This is done by means of a proclamation issued by
authority of the state, and usually in cases of threat-
ened hostilities. Such a detention of property is an
act at first equivocal in its nature. If the controversy
between the two nations is amicably adjusted, the
seizure becomes a mere civil detention ; but if it results
in war, the embargo assumes the character of a hostile
measure from the first, amounting to an implied declara-
tion of war ; and the property detained is liable to con-
demnation as enemy's property.
6. Previous to the commencement of hostilities, it
has been usual to make a public declaration of war,
though war may lawfully exist without any formal
declaration. But there must be some official act on the
INTERNATIONAL RELATIONS. 165
part of the government, to apprize the people at home,
as well as foreign nations, of the new state of things.
By the strict rule of the law of nations, all property of
the enemy found in the country, and their vessels and
cargoes in its ports, at the commencement of hostilities,
are liable to seizure and confiscation ; but the exercise
of this right rests in the discretion of the government.
The declaration of war operates as an absolute inter-
diction of all commercial intercourse and dealing be-
tw^een the subjects or citizens of the two countries, and
all contracts made with the enemy during the continu-
ance of the war are void.
7. By the laws and usages of war, private property
may be captured at sea, though, in general, it is not
deemed allowable to take private property upon land,
without making compensation for it. In time of war,
armed vessels are frequently fitted out by private indi-
viduals, to cruise against the commerce of the enemy.
Such vessels are called privateers, and are commis-
sioned by the government. The prize money, or pro-
ceeds of the property captured by these vessels, as well
as by public vessels, it is the practice for the govern-
ment to distribute, wiiolly or in great part, among the
captors. When an enemy's vessel has been taken at
sea, it must be brought into port for adjudication, and
the property in it is not changed, so that a good title
can be conveyed, until a regular sentence of condem-
nation has been, passed upon it, by a court of compe-
tent authority.
8. Neutral nations, or those that take no part in the
war, are allowed to carry on their accustomed trade
with both the belligerent nations, under certain restric-
tions. Among these restrictions, neutrals are prohibited
from furnishing the belligerents with such goods as
come under the denomination of contraband of icar,
including arms, munitions of war, and warlike stores.
Contraband articles found on board a neutral vessel by
a belligerent are confiscated to the captor, together with
all the rest of the cargo belonging to the same owmer,
and .the vessel also, if that be his. Carrying hostile
166 ALIENS AND NATURALIZATION.
despatches by a neutral is unlawful, and subjects the
vessel to confiscation. And the penalty for a breach of
blockade is the confiscation of the vessel, and generally
of the cargo.
9. A blockade is an interception, by one of the bel-
ligerents, of all commercial communication with a place
occupied by the other. To constitute a blockade, there
must be a competent naval force stationed near enough
to the port to render dangerous any attempt to enter.
The neutral must also have had due notice of the ex-
istence of the blockade, in order to subject him to the
penalty for its violation. The blockade may be broken
by going in or attempting to enter, or by coming out
with a cargo laden after the commencement of the
blockade. It is said to be raised, when the blockading
squadron voluntarily abandons its station or is driven
off by a superior force. A vessel that has committed a
breach of blockade is subject to capture at any time
before the end of the return voyage.
CHAPTER XLIV.
ALIENS AND NATURALIZATION.
1. An alien, in this country, is a person born without
the jurisdiction of the United States. Such persons
cannot, in general, hold any civil office, or have any
part in the administration of government ; and they are
subject to certain inabilities in regard to the possession
and transmission of property. Alien enemies, or citi-
zens or subjects of any foreign nation with which the
United States are at war, if found within their limits,
are liable to be apprehended, secured and removed;
and the president is authorized, by his proclamation, or
other public act, to direct the conduct to be observed
towards such persons. But if not chargeable with ac-
tual hostility, they are to be allowed a reasonable time
ALIENS AND NATURALIZATION. ' 167
for the recovery, disposal and removal of their effects,
and for their departure from the coimtry,
2. An ahen may acquire, hold and transmit personal
property, in the same manner as a citizen ; and in case
of his death such property goes as directed in his will,
if he left one ; otherwise it is distributed according to the
law of the place of his residence, at the time of his
death. An ahen cannot gain a title to real estate by
descent, or other mere operation of law. He may pur-
chase land, or take it by devise, but where there is no
statute provision to the contrary, the land is liable to be
forfeited to the state, upon certain proceedings had, and
on the death of the purchaser it cannot descend to his
heirs, but escheats, as it is termed, and goes to the state.
He may make a conveyance of land which will bind
himself, but it will not be valid as against the govern-
ment.
3. The constitution vests in congress the power to
establish a uniform rule oi natufralization throughout the
United States, and provision has accordingly been made,
by which aliens, being free white persons, may become
entitled to the rights and privileges of citizens. For this
purpose, the individual is required to declare, on oath,
before a court of record of some state, having common
law jurisdiction, and a seal and clerk, or a circuit or
district court of the United States, or before the clerk of
either of these courts, two years at least before his ad-
mission to citizenship, his intention to become a citizen
of the United States. At the time of his admission,
which can be only when his native country is at peace
with this, he must declare upon oath, before one of
these courts, that he^vill support the constitution of the
United States, and that he renounces and abjures all
foreign aUegiance.
4. To entitle the applicant to admission, he must
prove to the court that he has resided within the Uni-
ted States five years at least, and within the state or
territory where the court is held at least one year ; and
his own oath is never admitted to prove his residence.
He must also satisfy the court that he has, during this
168 NATURALIZATION.
time, been of good moralcharacter, and attached to the
principles of the constitution. If he has borne any he-
reditary title, or order of nobility, he is required to re-
nounce it. In case he shall have arrived in this coun-
try since the close of the war, in 1815, he must have re-
sided here for the continued term of five years next
preceding his admission, without being, at any time du-
ring that period, out of the territory of the United
States.
5. The declaration of intention to become a citizen
is dispensed with, in case the alien resided in this coun-
try previous to the 18th of June, 1812, and has since
continued to reside here ; and such applicant may be
admitted on his proving, by the oath, of citizens, a resi-
dence within the United States, for at least five, years
immediately preceding the time of his application. So
if the party has resided in the United States three
years next preceding his arrival at the age of twenty-
one years, and thenceforward to the time of his appli-
cation, he may, after he attains his majority, and has re-
sided here five years, including the three years of his
minority, be admitted a citizen without having made
the previous declaration. But he is required to make
the declaration at the time of his admission, and also to
declare upon oath, and prove to the satisfaction of the
court, that for three years next preceding, it has been
liis actual intention to become a citizen.
6. When any alien, who has made the required dec-
laration, dies without being actually naturalized, his
wid6w aiid children are to be considered as citizens,
and entitled to all rights and privileges as such, on tak-
ing the oaths prescribed by law. The children of per-
sons duly naturalized, being under twenty-one years of
age at the time when their parents were admitted to
citizenship, are, if dwelling in the United States, to be
deemed citizens ; but the right of citizenship does not
descend to persons whose fathers have never resided
within the United States. The period of residence re-
quired l)efore an alien can be admitted a citizen, has
varied from time to time. In 1790 it was but two years,
SLAVE TRADE. 169
then five, afterwards fourteen, and by the act of 1802 it
was fixed at five years, and it has so remained ever
since.
CHAPTER XLV.
THE SLAVE TRADE.
1. Slavery was introduced into the American colo-
nies soon after their first settlement. The first slaves
are said to have been brought to Virginia, in 1619, by a
Dutch ship. The demand for slaves, from time to time,
was supplied by importations from the coast of Africa.
In some of the colonies, efforts were made to put an end
to this trade, but all such movements were discounte-
nanced and frustrated by the English government. In
the declaration of independence, as drawn up by Mr.
Jefferson, it was made one of the grounds of complaint
against the reigning sovereign of Great Britain, that he
had prostituted his negative for suppressing every leg-
islative attempt to prohibit or restrain that execrable
commerce. This clause, however, was struck out, af-
ter the declaration was reported to congress. The fur-
ther importation of negroes was prohibited by Virginia
in 177b, and by several of the other states about the
same time.
2. The constitution of the United States contains
the following provision in respect to the slave trade :
The migration or importation of such persons as any of
the states now existing shall think proper to admit, shall
not be prohibited by congress prior to the year 1808,
but a tax or duty may be imposed on such importation,
not exceeding ten dollars for each person. By migra-
tion Avas probably intended the removal, or transfer of
slaves from one state to another; by importation, the
introduction of them from abroad. A tax is authorized
to be laid on the importation, but not on the migration ;
which, if the terms be understood in the sense above
15
170 SLAVE TRADE.
explained, may be accounted for on the ground that a
migration inchides an exportation from a state, and by
another clause of the constitution it is declared that no
tax or duty shall be laid on articles exported from any
state.
3. It is observable that the restriction upon congress
respected only the states then existing, leaving that body
at liberty, at any time, to prohibit the introduction of
slaves into any other portion of the territory of the Uni-
ted States. This power was exercised by congress in
1804, when, by the act for dividing Louisiana into two ter-
ritories, and providing for the government of the south-
ern portion, it declared that no slaves should be imported
from abroad, and none be brought from any port or place
within the United States, that had been imported since
the 1st of May, 1798, or that should thereafter be im-
ported. And as the restriction was confined to such
persons as any state chose to admit, congress could act,
immediately, with the cooperation of the states. Ac-
cordingly, it was enacted, in 1803, that no person should,
under a prescribed penalty, import any person of color,
with certain exceptions, into any state which should by
law have prohibited such importation.
4. Congress passed an act prohibiting absolutely the
importation of slaves from abroad, to take effect at the
earliest day permitted by the constitution. That, and
subsequent acts on the subject, imposed certain penal-
ties upon offenders, and subjected to forfeiture all vessels
employed in the trade. The act of 1818 fixed the pen-
alty for bringing into the United States any person of
color from abroad, or holding or selling such person
as a slave, at a sum not exceeding ten thousand nor
less than one thousand dollars, and imprisonment for
not more than seven, nor less than three years. By
the act of 1820, any citizen of the United States, or
any person whatever employed on board of their ves-
sels, who shall land on a foreign shore and seize any
negro or mulatto, not held to service by the laws of
either of the United States, or shall decoy, or forcibly
bring or detain on board, or shall sell or transfer any
SLAVE TRADE. I7l
such person, with intent to make him a slave, is adjudg-
ed a pirate, and is Uable to the pmiishment of death.
5. At the time of aboUshing the foreign slave trade,
in 1807, congress established certain regulations res-
pecting the domestic trade. No master of a vessel of
less burthen than forty tons is allowed to take on board
and transport, except on rivers or inland bays of the
sea within the jurisdiction of the United States, any
negro, mulatto, or other person of color, to be sold or
disposed of as a slave, or held to service, under a pen-
alty of eight hundred dollars, for each person so trans-
ported. And any master of a vessel of forty tons or
upwards, sailing coastAvise from one port to another in the
United States, having on board persons of color, for the
purpose of transporting them to be sold or held as slaves,
is required first to make out and subscribe duplicate
manifests, or schedules, of all such persons on board,
specifying certain enumerated particulars in regard to
each, with the name and residence of every owner or
shipper.
6. The manifests are delivered to the collector of
the port, before whom the master and the owner or
shipper must make oath, to the best of their knowledge
and belief, that the persons specified in the manifests
were not imported into the United States after the 1st
of January, 1808, and that under the laws of the state
they are held to labor. The collector then certifies the
manifests, one of which he returns to the master, with
di, permit, authorizing him to proceed on the voyage. By
disregard of these regulations the master incurs a penal-
ty of one thousand dollars for each person transported,
and the vessel is forfeited. On arriving at the port of des-
tination, the master must deliver the certified manifest,
to the collector of the port, and obtain a permit for un-
lading. If he shall refuse or neglect to deliver the man-
ifest, as required, or shall land any person of color
without a permit, he forfeits ten thousand dollars. Pen-
alties under the laws respecting the slave trade go, one
half to the United States, the other half to the prose-
cutor.
172 SLAVERY.
CHAPTER XL VI.
SLAVERY IN THE UNITED STATES.
1. At the time of the revokitionary war, slavery ex-
isted, to some extent, in all the states; but in several of
them it was abolished soon afterwards. The ordinance,
established by congress in Jnly, \1S1, for the govern-
ment of the territory northwest of the river Ohio, pro-
vided that there should be neither slavery nor involun-
tary servitude in that territoiy, otherwise than in the
punishment of crimes, upon due conviction of the par-
ties. In the convention which framed the constitution
of the United States, and which met in the same year,
the subject of slavery was one that was attended with
most embaiTassment. The difficulties that arose in
relation to it, were finally adjusted by way of compro-
mise. The constitution nowhere speaks of slavery or
slaves, by name, but it contains, besides those relating
to the slave trade, important provisions growing out of
the subject, in reference to the apportionment of rep-
resentatives in congress, and to reclaiming fugitive
slaves.
2. For the purpose of representation, it was agreed
that five slaves should be reckoned equal to three free-
men ; so that three fifths of the number of slaves are
to be added to the whole number of free persons, in
each state, to constitute what is called the federal
popidation, which is the basis of the apportionments.
The efiect of this provision has been, to give to the
slave-holding states from fifteen to twenty-five repre-
sentatives more than they would have been entitled to,
had the basis been one of free persons only. At pres-
ent, they have twenty-four representatives for their
slave population. Those states have also a correspond-
ing advantage in the election of president and vice
president, since, by the constitution, each state is
SLAVERY. 173
allowed a number of electors equal to the whole num-
ber of senators and representatives to which it is enti-
tled in congress.
3. The provision of the constitution in regard to
fugitive slaves is, that no person held to service in one
state, under its laws, escaping into another, shall, in
consequence of any law or regulation in the latter state,
be discharged from such service, but shall be delivered
up on claim of the party to whom the service is due.
To effectuate this provision, congress, in 1793, passed
an act, extending to all the territories as well as the
states, authorizing, in such case, the person to whom
the service is due, his agent or attorney, to seize such
fugitive from labor, and take him before any judge of
the circuit or district courts of the United States, who
resides or is within the state, or before any magistrate
of the county, city, or town, in which the seizure is
made.
4. The judge or magistrate, before whom the per-
son so seized is brought, upon proof, to his satisfaction,
either by oral testimony, or affidavit taken and certified
by a magistrate of the state or territory, that such per-
son does, under the laws of the state or territory from
which he fled, owe service to the person claiming him,
is bound to give a certificate to that effect to the claim-
ant, which is a sufficient warrant for removing the fugi-
tive to the state or territory from which he escaped.
Any person who shall obstruct or hinder such claimant
in making the seizure, or shall rescue such fugitive, or
harbor or conceal him after notice that he is a fugitive
from labor, for either of these offences forfeits five hun-
dred dollars, to be recovered for the benefit of the per-
son claiming the slave.
5. The constitution recognizes no distinctions found-
ed on color. Such distinctions are, however, made by
the laws of the United States, in several instances.
There is no provision for the naturalization of other
than white persons ; and none but white persons can
be enrolled in the militia, or be employed in carrying
the mail. In the District of Columbia, which is under
15*
174 SLAVERY.
the exclusive legislation of congress, some of the laws
bear jjeciiharly hard upon persons of color. The legal
presumption is said to be, that such persons going at
large, without any evidences of their freedom, are ab-
sconding slaves. They may be arrested and imprison-
ed on suspicion of being fugitives, and if unable to
prove their freedom within a given time, or to pay the
jail fees and expenses allowed by law, they are liable
to be sold as slaves. The domestic slave trade pre-
vails to a great extent, at the scat of the national gov-
ernment ; and the laws of the city of Washington re-
quire the payment of four hundred dollars for a license
to trade or traffic in slaves for profit.
6. In the seven most northerly of the original states,
in Vermont, and in Maine, which was a part of Massa-
chusetts, slavery was long since abolished by their
state constitutions, or by law. In Ohio, Indiana, Illi-
nois, and Michigan, and the territory of Wisconsin, it
was prohibited by the ordinance of 1787. At the time
the admission of Missouri into the Union was under
discussion in congress, an effort was made to exclude
slavery from that state. The attempt, however, failed;
and the controversy resulted in a compromise by which,
in all that territory ceded by France to the United
States, under the name of Louisiana, lying north of
thirty-six and a half degrees north latitude, not included
within the limits of the state of Missouri, slavery and
involuntary servitude, otherwise than in the punish-
ment of crimes, were forever prohibited. The line in
question is on the same parallel with the boundary line
betwixt Virginia and North Carolina. In this case, as
well as by the ordinance of 1787, the right of reclaim-
ing fugitives from labor was expressly reserved.
7. The committee appointed, in 1776, to revise the
laws of Virginia, had agreed upon the principles of an
amendment to the existing laws relative to slavery;
the plan being, the freedom of all born after a certain
day, and deportation at a proper age. But it was found
the public mind would not then bear the proposition.
Slavery now exists by law, in all the states south of
BANKRUPTCY. 175
Mason and Dixon's line, which is the southern bound-
ary of Pennsylvania, in those south of the river Ohio,
in Missouri, Aricansas, and Louisiana, and in the Dis-
trict of Columbia and the territory of Florida. Dela-
ware now contains less than one third the number of
slaves it had in 1790 ; and in Maryland, slavery, for the
last thirty years, has been decidedly on the decline.
Li Virginia and North Carolina it has, of late, been
nearly stationary. In the other southern states, and
especially in several of the new ones, it has been, and
is still, rapidly increasing.
CHAPTER XL VII.
BAI^KRUrTCY.
1. The constitution vests in congress the power to
establish uniform laws on the subject of bankruptcies,
throughout the United States. Bankrupt laws are de-
signed to relieve persons who have been unfortunate
in business, by discliarging them from their debts and
engagements, on their surrendering all their property
for the benefit of their creditors. The aim of such laws
is at once to free the debtor from the discouragement of
laboring always under an overwhelming burden of debt,
and to secure to all the creditors an equal participation
in his actual, present effects. A bankrupt law was
passed by congress in 1800, but was repealed in 1803.
Since that time, though the subject has been often agi-
tated, this power has never been exercised by congress,
until the extra session in 1841, when a law was en-
acted, establishing a uniform system of bankruptcy
throughout the United States, to go into effect on the
2d of February, ] 842.
2. In the absence of all legislation on the subject by
congress, several of the states have, heretofore, passed
insolvent laws, — which, properly, are laws exempting
176 BANKRUPTCY.
the person from arrest, — but these state laws have fre-
quently been so framed as to have the eifect, to some
extent, of bankrupt laws. But since the states are pro-
liibited by the constitution from passing any law im-
pairing the obligation of contracts, no state law could
ever discharge a person from contracts entered into
before the passage of the law, or from those made or
to be performed without the state ; nor could any dis-
charge under a state law protect the insolvent from
arrest, beyond the limits of the state, at the suit of a
creditor without the state. Congress having the power
to pass uniform bankrupt laws, when once such a law
has been passed and goes into operation, it is under-
stood that the diverse state insolvent laws are thereby
suspended, in respect to persons and cases within the
purview of the act of congress.
3. By the act of 1841, any person owing debts, not
created by defalcation as a public officer or while act-
ing in a fiduciary capacity, who shall, by petition set-
ting forth, to the best of his knowledge and belief, a
list and specification of his creditors, with an accurate
inventory and description of his property and eifects,
verified by oath, apply to the proper court for the bene-
fit of the act, and declare himself unable to meet his
debts and engagements, may be declared a bankrupt,
by a decree of the court. In this case, the bankruptcy
is voluntary. It may be compidsory ; in Avhich case any
person, being a merchant, broker or the like, owing
debts to the amount of two thousand dollars, may be
declared a bankrupt on the petition of one or more of
his creditors to whom he owes debts amounting in the
whole to five hundred dollars, whenever such person
has committed any of certain specified acts, which are
deemed indicative of an intention to defraud his cred-
itors.
4. The petition is deposited, or Jiled, in the district
court of the district in which the debtor resides, and no-
tice of it is published in one or more newspapers in the
district, at least twenty days before the time assigned
for the hearing. At the proper time, if no valid objee-
BANKRUPTCY. 177
tion is offered, the petitioner is declared a bankrupt.
By the decree of bankruptcy, the property of the debtor
is, by mere operation of law, devested out of him, and
vested in the assignee, when one is appointed. The
bankrupt is allowed his necessaiy household and kitch-
en furniture, and such other articles and necessaries as
the assignee shall designate and set apart, having refer-
ence, in the amount, to the family, condition and cir-
cumstances of the bankrupt, but altogether not to
exceed three hundred dollars in any case ; and also the
wearing apparel of the bankrupt, and that of his wife
and children: and the determination of the assignee
is, on exception taken, subject to the final decision of
the court.
5. The assignee is appointed by the court, soon
after the decree of bankruptcy. He may be required
to give bond, with sureties, conditioned for the due and
faithful discharge of all his duties ; and he is remova-
ble at the discretion of the court. He is authorized to
sell, manage and dispose of the bankrupt's effects, and
to prosecute and defend suits, subject to the orders and
directions of the court. All sales and conveyances of
property are made under the direction of the court;
and all proceeds of the estate, received by the assignee
in money, must be paid into court within sixty days.
It is the duty of the court to direct the effects to be re-
duced to money as early as is consistent with a due
regard to the interests of the creditors ; and as often as
once in six months from the decree of bankruptcy, a
dividend out of the money collected, is to be made
among the creditors who have proved their debts.
6. After the decree of bankruptcy, the bankrupt
may present to the court a petition for a discharge from
all his debts, and a certificate of it ; which, however,
cannot be granted until after ninety days from the de-
cree of bankruptcy, nor until after seventy days' notice,
in some public newspaper, of the petition, and of the
time and place of hearing. The bankrupt is at all
times subject to examination, upon oath, on all matters
relating to his bankruptcy, to his acts and doings, and
178
BANKRUPTCY.
to his property, when the court shall deem it necessary
and proper, for the purposes of justice. If, upon the
hearing for that purpose, a discharge shall not be de-
creed to the bankrupt, he may demand a trial by jury,
in the district court, or may appeal to the circuit court,
where the appeal may be determined by the court, or
by a jury, at the option of the bankrupt.
7. The bankrupt is not entitled to a discharge if he
has been guilty of any fraud, or wilful concealment of
his property ; or has preferred any of his creditors con-
trary to the provisions of the act ; or has wilfully omit-
ted or refused to comply with the orders of the court
and the requisites of the act; or has admitted a false
or fictitious debt against his estate. Neither is he, if
being a merchant, broker or the like, he has not kept
proper books of account since the passing of the act ;
nor is any person who, since the passing of the act,
has applied trust funds to his own use. Payments or
conveyances made by a person, in contemplation of
bankruptcy, for the purpose of giving any creditor a
priority over others, or to any person other than an
actual creditor, or a purchaser for a valuable considera-
tion, without notice of the contemplated bankruptcy,
are void ; and the assignee under the bankruptcy may
recover back such money or property.
8. Commissioners in bankruptcy are appointed by
the court, to receive the proof of debts, to examine
and certify papers and take depositions, and to perform
various other duties. Proof of debts or other claims is
made by the oath of the creditor, and may be before
the court decreeing the bankruptcy, or a commissioner
of the court, or before any disinterested state judge of
the state where the creditor lives. The written proofs
are filed in the district court, which has fall power to
set aside or disallow any debt, upon evidence that it is
founded in fraud, illegality or mistake ; and as well the
assignee as the creditor may have a trial by jury, to
ascertain the validity and amount of any claim. Where
there are mutual accounts between the parties, the bal-
ance is deemed the true debt.
NAVIGATION. 179
9. All creditors who have proved their claims, share
equally in the bankrupt's effects ; except that debts
due by the bankrupt to the United States, or to per-
sons who, by the laws of the United States, are enti-
tled to a preference, by reason of having paid money
as his sureties, are to be fii'st paid; and any person
who has performed labor as an operative in the service
of the bankrupt, within six months next before his
bankruptcy, receives the full amount of his wages, not
exceeding twenty-five dollars. The bankrupt, when
he has obtained a regular discharge, is absolved* from
all debts and contracts provable under the act, whether
they have been actually proved or not. But no dis-
charge of a bankrupt releases any person who was
liable for the same debt, as a partner, joint contractor,
or otherwise, with the bankrupt. Neither does the act
impair any lawful rights of married women or minors,
or any mortgages or other valid securities on property.
CHAPTER XLVIIL
NAVIGATION.
1. Vessels of the United States have certain priv-
ileges in regard to duties on their tonnage, and on
goods imported in them. Vessels registered according
to law, and wholly owned and commanded by citizens
of the United States, are alone entitled to the privi-
leges of vessels of the United States ; except that ves-
sels of twenty tons and upwards, enrolled and having
a license in force, and those of less than twenty tons,
not enrolled, but having a license in force, enjoy the
privileges of vessels of the United States, employed in
the coasting trade and fisheries. To entitle vessels to
be registered, or enrolled and licensed, they must, with
certain exceptions, have been built in this country, and
they must belong wholly to citizens of the United
States.
180 NAVIGATION.
2. Vessels are registered by the collector of tke dis-
trict in which the port is where they belong, at the
time they are registered. Previous to the registry of a
vessel, the necessary facts relative to its character, and
the citizenship of the owners and master, must be es-
tablished in the mode designated. The vessel is then
measured, and its tonnage ascertained ; and a bond is
required, conditioned that the certificate of registry
shall be used solely for that vessel, and that, upon the
happening of certain contingencies, it shall be delivered
up to the collector. When all the conditions have been
complied with, the collector makes, and keeps in a
book, a record of the transaction and proofs, and grants
an abstract or certificate of this record.
3. The like requisites are necessary for the enrol-
ment, as for the registry of a vessel, and the same pro-
ceedings are had. A record of the enrolment is made,
and an abstract or copy of it granted, in the form di-
rected by law. In order to the licensing of any vessel
for carrying on the coasting trade or fisheries, certain
prescribed securities are required that the vessel shall
not be employed in any trade to defraud the revenue of
the United States, or the license be used for any other
vessel or employment than that for which it was grant-
ed. Every registered or licensed vessel is required to
have its name and the port to which it belongs painted
on the stern, on a black ground, in white letters, of a
specified size.
4. No vessel arriving in the United States from any
foreign port, or the cargo on board, can be entered else-
where than at one of the authorized ports of entry ;
and the cargo can be unladen only at one of tlie ports
of delivery. No goods can be brought into the United
States in any vessel owned wholly or in part in this
country, unless the master shall have on board a mani-
fest, in writing, signed by himself, specifying the places
where the goods mentioned in it were taken on board,
and the places for which they are consigned; the des-
cription of the vessel, and the name of each owner, ac-
cording to the register, and of the master ; and contain-
NAVIGATION. 181
ing a particular account of all the goods on board, the
names of the persons to whom they are consigned, as
by the bills of lading, the names of the passengers, with
their baggage, and an account of the remaining sea
stores.
5. Every master of such a vessel, on his arrival
within four leagues of the coast, or within any of its
bays, harbors, or inlets, is bound, upon demand, to pro-
duce the required manifests to such officer of the cus-
toms as shall first come on board for inspection, and to
deliver him true copies of them. The officer having
duly certified the original manifests, and the copies,
transmits the latter to the collectors of the several dis-
tricts to which the goods purport to be consigned. And
upon his arrival within the limits of any collection dis-
trict, in which any part of the cargo is to be discharged,
the master is required, in like manner, to exhibit his
manifests, and to furnish copies to the officer of the
customs who shall then first come on board, who certi-
fies the original manifests, and transmits the copies to
the collector of that district. The original manifests,
thus certified, are afterwards delivered to the collector,
by the master.
6. Within twenty-four hours after the arrival of a
vessel from any foreign place, at any established port
of the United States at which an officer of the customs
resides, or as soon after that time as the hours of busi-
ness at the custom house will permit, it is the duty of
the master to make report to the chief officer of the
customs, of the arrival of his vessel ; and within forty-
eight hours after, to make a further report in writing to
the collector of the district. This latter report is to be
in the form and to contain all the particulars required
to be inserted in a manifest, and the truth of it must be
sworn to by the master, before the collector.
7. Any vessel bringing into the United States from
any foreign place, goods specified in the manifests to
be for different collection districts, may proceed from
district to district for the delivery of them. The mas-
ter, in such case, must obtain from the collector of the
16
182 NAVIGATION.
district within which he first arrives, a certified copy of
the report and manifests, and also from him and from
each successive collector, a certificate of the quantity
and particulars of the goods that have been landed in
his district ; which copy and certificates he is bound to
produce to the collector of any other district, on making
report and entry. And he is required to give bond in
the district where he first arrives, conditioned for the
due entry and delivery of the residue of the goods con-
formably to his report of their destination.
8. In the case of a foreign vessel, the register, or
corresponding document, together with the clearance
and other papers granted by the oflicers of the customs
to the vessel, at her departure from the port from which
she may have arrived, must, in general, previously to
entry in any port of the United States, be produced to
the collector of the port where the entry is to be made.
And the master is required, within forty-eight hours
after the entry, to deposit these papers with the consul
of the nation to which the vessel belongs, and to deliv-
er to the collector a certificate from the consul, that
they have been so deposited. The papers in question
the consul is forbidden to return to the master, until he
shall produce a clearance, in due form, from the collec-
tor of the port where the vessel was entered.
9. Before clearance can be granted for any vessel
bound to a foreign place, the owner, shippers, or con-
signors of the cargo are obliged to deliver to the col-
lector, on oath, a manifest, in writing, subscribed by
them respectively, specifying the kinds and quantities
of articles, and the actual total value of each kind, at
the port and time of exportation ; and the master and
shippers must state, upon oath, to the collector, the
foreign place at which the cargo is intended to be land-
ed. Every vessel of the United States going on a for-
eign voyage, is required to be furnished by the collector
of the district where the vessel is, with a 2^assport, the
form of which is prescribed by the secretary of state,
with the approbation of the president. The master
must give bond with sureties, conditioned that the
SHIPMENT OF GOODS. 183
passport shall not be used for any other vessel, and
that, in case of the loss or sale of the vessel, the pass-
port shall be returned to the collector.
CHAPTER XLIX.
THE SHIPMENT AND LANDING OF GOODS.
1. When goods are received on board of a vessel
they are in the keeping of the master, who is responsible
for them. The first mate of the vessel has however,
usually, in fact, the principal superintendence of the car-
go. Sometimes a supercargo is specially employed by
the owner of the cargo, and sent out to take charge of
it on the voyage, to sell it at the foreign port, and pur-
chase a return cargo. But goods are more commonly
shipped on consignment to some person who has ordered
them, or who is to sell or dispose of them as directed.
In such cases the person who sends the goods is called
the consignor, or shipper, the person to whom they are
directed at the foreign port, the consignee. The con-
signor makes and sends to the consignee an invoice of
the goods, and also causes three or four bills of lading
to be made out.
2. An invoice is an account, or schedule of the goods
shipped, with the marks and descriptions of each pack-
age particularly set forth. A hill of lading is a paper
signed by the master of the vessel, whereby he ac-
knowledges that he has received in good order, on
board of his vessel, stating the place of shipment, and
the names of the shipper, vessel, and master, certain
specified goods, which he promises to deliver, in like
good order, dangers of the seas excepted, at the place
and to the person therein named, or his assigns, he or
they paying a stated freight. Of these bills of lading,
one at least is sent to the consignee, one is retained
by the master, and one by the shipper. One of the
184 DUTIES AND DRAWBACKS.
bills being presented by the consignee, or the person to
Avhom he may have assigned it, is authority to the
master to deliver the goods, which he is boimd to do on
payment of the freight.
3. On a considerable part of the goods imported
into the United States, certain duties are imposed.
Formerly, when the amount of duties on merchandise
imported in any vessel, on account of one person, or of
several persons jointly interested, did not exceed two
hundred dollars, it was required to be paid in cash,
without discount ; if it exceeded that sum, it might, at
the option of the importer, except in the case of cer-
tain goods, be paid in cash, w^ith a discount, or be, by
bond, secured to be paid, one half in three, and one
half in six calendar months. But of late all duties
are required to be paid in cash; and in case the duties
are not paid on completion of the entry, the collector
is to cause the goods to be deposited in the public stores,
and after a certain time, if the duties remain unpaid,
such part of the goods is sold as may be necessary to
discharge the duties, with interest, and pay the charges
and expenses.
4. Certain goods imported into the United States
may be exported w^ith the benefit of dravjback, or a re-
payment of duties. For all goods entitled to drawback,
which shall be exported from the district into which
they were originally imported, or from another district,
under specified regulations, the exporter, on complying
with the required conditions, may receive from the col-
lector of the district in which the duties have been
paid, a debenture for the amount of the drawback. The
debenture is made payable in fifteen days, or at any
time thereafter wdien the goods shall be exported from
the United States. But no drawback is allowed unless
they shall be exported within three years from the date
of their importation. Two and a half per cent, on the
amount of all drawbacks allowed, and ten per cent, in the
case of foreign refined sugars, are to be retained for the
use of the United States, by the collectors paying the
drawbacks.
ENTRY OF GOODS. 185
5. The owner or consignee of goods on board of
any vessel, or his authorized agent, in his name, is re-
quired, witliin fifteen days after the report of the mas-
ter of the vessel to the collector of the district for which
such goods are destined, to make entry of them, in wri-
ting, with the collector, specifying certain enumerated
particulars, relative to the quantity, value and descrip-
tion of the goods. He must also produce to the collec-
tor the original invoices of the goods, in the same
state in which they were received, and the bills of la-
ding. The entry of goods must be signed by the per-
son who makes it, and verified by his oath. In case
the entry is imperfect, or cannot be made, for want of
invoices, or bills of lading, or for any other cause, the
goods are deposited in a public storehouse, there to re-
main, at the expense and risk of the owner, until the
requisite particulars can be ascertained, or the proper
documents produced.
6. Duties are either ad valorem or specific ; the for-
mer being estimated according to the value, the latter
according to the quantity of the articles. For the pur-
pose of obtaining accurate statements of the foreign
commerce of the United States, the collectors are
required to keep separate accounts of the kinds, quan-
tities and values of such parts of the imports subject to
duties acl valorem, as may be directed by the secretary
of the treasury. The kinds and quantities of all
imported articles free from duty, are ascertained by the
entry, or by actual examination when deemed neces-
sary ; and the values of all such articles, as well as of
all imported articles subject to specific duties, are
required to be ascertained in the manner in which
the values of imports subject to duties ad valorem are
ascertained.
7. The act of 1842 provides, that in all cases where
there is imposed any ad valorem rate of duty on goods
imported into the United States, and in all cases where
the duty imposed is directed to be estimated upon the
value of the square yard, or of any specified quantity
or parcel of the goods, the collector of the district shall
16*
186 LANDING OF GOODS.
cause the actual market value or wholesale price of
them, at the time when purchased, in the principal
markets of the country from Avhich they were imported
into the United States, or of the yards or quantities, as
the case may be, to be appraised, estimated and ascer-
tained. To the value or i)rice so ascertained, all costs
and charges are to be added, except insurance, and in-
cluding the usual charges for commissions, as the true
vahie at tiie port where the goods may be entered,
upon Avhich value duties are to be assessed.
8. The appraisers of the United States, and every
person acting as appraiser, or the collector and naval
officer, as the case may be, are required, by all reason-
able ways and means in their power, to ascertain the
actual market value and wholesale price of the goods,
at the time when purchased, and in the principal mar-
kets of the country whence they were imported into
the United States, and the quantities of them. But
when imported from a country in which they were not
manufactured or produced, the foreign value of the
goods is to be estimated according to the current mar-
ket value of similar articles at the principal markets of
the country of production or manufacture, at the time
of the exportation to the United States. The secretary
of the treasury is required from time to time to estab-
lish rules and regulations, not inconsistent with law, to
secure a just, faithful and impartial appraisal, and just
and proper entries of goods imported.
9. Upon the entry of goods, it is the duty of the col-
lector, jointly with the naval officer, if there is one,
otherwise of the collector alone, to make a gross esti-
mate, as accurate as may be, of the duties, when not
estimated and ascertained by appraisers, on the goods
to which the entry of any owner, consignee or agent
relates. The amount of the estimated duties is to be
indorsed on the entry, and when this amount has been
paid, and not before, the collector, with the naval offi-
cer, if any, grants a permit to land the goods. This
permit must specify, as particularly as possible, the
goods to be delivered ; and no goods can be delivered
LANDING OF GOODS. 187
by any officer of the customs, which do not fully agree
with the description of them in the permit.
10. The cargo is discharged under the superinten-
dence of an inspector of the customs, who is required to
remain constantly on board, for that purpose, at all
times when the dehvery of goods is lawful. No goods
may be unladen but between the rising and setting of
the sun, except by special license, nor at any time,
without the proper permit. If at the expiration of fif-
teen working days after the report of arrival, except in
certain cases where a longer time is allowed, any goods
other than those reported for another district or foreign
place, remain on board, the inspector takes possession
of them. Such goods are kept in the public store-
houses, at the charge and risk of the owner, for nine
months, if not sooner claimed, and are then sold at
pubUc auction, and the proceeds, after paying the du-
ties and charges, are paid into the treasury of the
United States, for the owner, when he shall appear.
11. Violations of the provisions respecting the im-
portation of goods, are punished sometimes by a fine
upon the party offending ; sometimes the goods, in re-
ference to which the offence was committed, are for-
feited. Of such fines, penalties, and forfeitures, in
general, after deducting costs and charges, one half is
paid into the national treasury, and the other half dis-
tributed, in equal proportions, to the collector and naval
officer of the district, and the surveyor of the port
where the penalty or forfeiture was incurred, or to such
of those officers as there may be in the district. The
act of 1842 provides, that any person who shall, with
intent to defraud the revenue, smuggle into the United
States, goods subject to duty, without paying or ac-
counting for the duty, or shall attempt to pass through
the custom house any false or fraudulent invoice, shall,
on conviction, be fined not more than five thousand
dollars, or imprisoned not exceeding two years, or both,
at the discretion of the coiut.
188 OFFICERS OF THE REVENUE.
CHAPTER L.
OFFICERS OF THE REVENUE.
1. For the collection of duties, the United States
are divided into collection districts, of which there is
one at least in each state, except several of the inland
western states, and some of the states contain as many
as twelve districts. The principal officers of the reve-
nue are the collectors, naval officers, and surveyors, who
are appointed by the president, with the approval of
the senate, for the term of four years, but are remov-
able at the pleasure of the president. The principal
commercial districts have a collector, naval officer, and
surveyor ; some of the others, a collector and surveyor,
but most of them, only a collector. There are also two
appraisers in the several ports of Boston, Philadelphia,
Baltimore, Savannah, Charleston, and New Orleans,
and three in New York, appointed by the president
and senate ; and the secretary of the treasury is em-
powered to appoint assistant appraisers in New York,
Philadelphia, and Boston.
2. It is the duty of the collector to receive all reports,
manifests and documents presented on the entry of any
vessel; to record all manifests in books kept for the
purpose ; to receive the entries of all vessels and their
caro^oes ; to estimate, jointly with the naval officer, if
any, the amount of duties payable on goods entered;
to grant permits for the unlading and delivery of goods ;
to receive moneys paid for duties; and to perform
other offices. The collectors are required, with the
approbation of the secretary of the treasury, to em-
ploy proper persons as weighers, gangers, measurers
and inspectors, at the several ports within their dis-
tricts and to provide, at the public expense, storehouses
for the safe keeping of goods ; and they may, with the
like approbation, employ all necessary deputy collec-
tors.
OFFICERS OF THE REVENUE. 189
3. It is the business of the naval ojjicer to receive
copies of all manifests and entries ; together with the
collector, to estimate the duties on all goods subject to
duty, and to keep a separate record of them ; to coun-
tersign all permits, clearances, debentures, and other
documents, granted by the collector; and to examine
the collector's abstracts of duties and other accounts of
receipts and expenditures, and if found correct, to cer-
tify them. At ports where there is no naval officer, the
collector is authorized solely to execute all the duties
in which, at ports where a naval officer is appointed,
the cooperation of that officer is required.
4. The surveyor is required to superintend and di-
rect all inspectors, weighers, measurers, and gangers,
within his port. It is his duty also to visit and inspect
the vessels which arrive at the port ; to make a written
return every morning to the collector, of all vessels
from foreign places that have arrived during the pre-
ceding day, with a specification of sundry particulars
in regard to them ; and to put one or more inspectors
on board each of such vessels immediately on its arri-
val. He is required, from time to time, and particularly
tAvice in each year, to examine and try the weights,
measures, and other instruments used in ascertaining
the duties on imports ; and to perform various other
acts, subject always to the direction of the collector.
At ports where there is no naval officer or surveyor,
the collector executes, so far as may be, all the duties
appropriate to the three offices.
5. Collectors are entitled to certain fees, and a
specified rate, varying from one sixth of one to three
per cent, on all duties received by them, respectively,
and where the amount of duties is not large, some ad-
ditional compensation in the form of salary. Naval
officers and surveyors are paid by fees, with the addi-
tion, usually, of a small annual salary. Every collector,
naval officer and surveyor is required to render to the
secretary of the treasury, under oath, a quarterly ac-
count of all moneys received ; and whenever the aggre-
gate amount of receipts, including all commissions,
190 OFFICERS OF THE REVENUE,
fees, emoluments and salaries, shall exceed six thou-
sand dollars for a collector, or five thousand for a naval
officer, or four thousand live hundred for a surveyor, in
any one year, after deducting the necessary expenses
of his office for the same time, the excess is to be paid
into the public treasury. Inspectors receive three dol-
lars a day for the time they are employed; measurers,
weighers and gangers are paid in proportion to the labor
they perform.
6. The appraisers of the United States are required,
before entering upon the duties of their office, to make
oath dihgently and faithfully to examine and inspect
such goods as the collector may direct, and truly to re-
port, to the best of their knowledge and belief, the true
value of them, according to law. When an importer,
owner, consignee or agent is dissatisfied with the ap-
praisement, if he has complied with all the established
requisitions, he may give notice of his dissatisfaction
to the collector, who is then required to select tAvo dis-
creet and experienced merchants, citizens of the United
States, familiar with the character and value of the
goods in question, to examine and appraise them ; and if
they shall disagree, the collector is to decide between
them; and the appraisement so made is final. Each of
the regular appraisers receives an annual salary of fif-
teen hundred dollars ; those at New York, two thousand
dollars. IMerchants acting as appraisers, have five dol-
lars a day.
7. The better to secure the collection of duties,
the president is authorized to employ a number of reve-
nue cutters, the officers of which are deemed officers of
the customs, and are subject to the direction of the
principal revenue officers. The collectors may also
with the approbation of the secretary of the treasury,
employ as many small, open, row or sail boats, as may
be necessary for the use of the surveyors and inspec-
tors, in going on board of vessels, and otherwise for the
better detection of frauds. The cutters and boats used
in the revenue service are to be distinguished from
other vessels by an ensign and pennant, bearing certain
EEVENUE. 191
prescribed marks. And any vessel liable to examina-
tion, which shall refuse to bring to, when required by a
revenue cutter or boat having the proper pennant and
ensign displayed, may lawfully be fired into, after a
gun has been fired as a signal.
8. All collectors, naval oflicers, surveyors, inspec-
tors, and officers of revenue cutters, may go on board of
vessels, in any port of the United States, or within
four leagues of the coast, if bound for the United
States, for the purpose of demanding and certifying the
manifests that are required to be on board, and of ex-
amining and searching the vessels, to every part of
which they are entitled to free access. The collector
of any district, or the surveyor of any port at which a
vessel may arrive, may put and keep on board while
the vessel remains within the district, and the collector
also while it is going from one district to another, one
or more inspectors, to examine the contents of the ves-
sel, to superintend the delivery of the cargo, and to
perform other required acts, for better securing the col-
lection of the duties.
CHAPTER LI.
REVENUE OF THE UNITED STATES,
1. The revenue furnishing the means for carrying
on the government, is derived, at present, almost wholly
from custom^s, or duties on imports, and from sales,
of the public lands. These have always been the ordi-
nary and principal sources of the public revenue. But,
m certain cases, when the necessities of the govern-
ment have demanded it, as in times of threatened or
actual war, and the like, internal duties have been im-
posed upon certain articles, and direct taxes laid. To
meet existing exigencies, resort has frequently been
had to the issuing of treasury notes, and to loans. The
192 REVENUE.
debts and liabilities thus incurred, have been subse-
quently discharged with money derived from the ordi-
nary sources of revenue, and from internal and direct
taxes.
2. In the administration of Washington, duties were
laid on spirits distilled within the United States, and
on stills; on licenses for retailing wine and foreign
spirits ; on sales at anction ; and on carrias^es, and some
other articles. To these was added, in the administra-
tion of John Adams, a duty on stamped vellum, parch-
ment and paper. All these duties were repealed soon
after the accession of Mr. Jefferson to the presidency.
Dnring the war of 1812, similar duties, and upon a
much greater number of articles, were again imposed,
which were abohshed from the close of the year 1817,
or earlier. Direct taxes, when imposed, have been as-
sessed upon dwelling houses, lands and slaves. A tax
of this kind, of two millions of dollars, was laid in 1798.
In 1813 there was another of three millions of dollars.
In 1815 an act was passed laying an annual tax of six
millions of dollars ; but the act was repealed the next
year, and a tax of half the amount was imposed for that
year only.
3. The terms and manner of issuing treasury notes
have been regulated, in each case, by the particular act
of congress authorizing the emission of them. Those
that have been issued recently, are signed, on behalf
of the United States, by the treasurer, and counter-
signed by the register of the treasury, and are made
redeemable at the treasury of the United States after
the expiration of one year from their dates ; from which
dates, for the term of one year only, they bear such in-
terest as is expressed upon the face of the notes. For
their reimbursement at the time specified, the faith of
the United States is pledged. These notes are trans-
ferable by delivery and indorsement. They are used
for paying the public debts, or money is borrowed on
the credit of them. They are receivable in payment
of public lands sold, of duties and taxes laid by the
Vnited States, and of debts due to them.
REVENUE. 193
4. When loans have been made, the secretary of the
treasury has been authorized to cause to be prepared
certificates of stock, signed in the manner prescribed,
and to procure them to be sold. The certificates bear
interest, for the punctual payment of which, and re-
demption of the stock, the faith of the United States is
pledged. In July, 1841, congress authorized the bor-
rowing of a sum not exceeding twelve millions of dol-
lars, within one year from that time. The stock not
being readily taken, an act was passed in April, 1842,
extending the time for obtaining the loan for one year
from the passage of the act, and authorizing an addition
of five millions of dollars to the amount. It was provi-
ded, that so much of the loan as should be obtained
after the passage of the act in question, should be re-
imbursable as agreed upon at the time of issuing the
stock, either at the will of the secretary of the treasury,
after six months' notice, or at any time not exceeding
twenty years from the 1st of January then next.
5. The proceeds of sales of the public lands have
constituted an important item of the revenue of the
United States. The whole amount received into the
national treasury from this source, from the earliest
period of sales to the year 1842, exceeded one hundred
millions of dollars. In 1833, a bill to appropriate the
proceeds of the public lands among the states, for the
term of five years, passed both houses of congress, but
it was retained by the president, at the close of the
session, and did not become a law. The receipts from
the public lands during the two years 1835 and 1836,
amounted to nearly forty millions of dollars ; thus pro-
ducing a large surplus of money in the treasury, for
which, as the public debt was then all paid, the govern-
ment had no immediate use.
6. In 1836 it was enacted by congress, that the
money which should be in the treasury on the 1st of
January, 1837, resei-ving five millions of dollars, should
be deposited, in proportion to their respective represen-
tation in the senate and house of representatives, with
the several states which should authorize the reception
17
194 REVENUE.
of it in the mode prescribed. The faith of the state
was to be pledged for the safe keeping and payment of
the money, which, when wanted, was to be called for in
ratable proportions from the different states, and in snms
not exceeding ten thousand dollars from any state, in a
month, without thirty days' previous notice for every
additional sum of twenty thousand dollars. The de-
posits were to be made in four quarterly instalments.
The first three instalments, amounting to upwards of
twenty-eight millions of dollars, were deposited ; but
owing to an impending or actual deficiency in the treas-
ury, the transfer of the fourth instalment was post-
poned, and has never been made.
7. At the extra session of congress, in 1841, an act
was passed providing for the distribution of the net
proceeds of the public lands, after paying ten per cent,
to the several states in which the lands sold were situ-
ated, among the several states and territories, and the
District of Columbia, in proportion to their respective
federal population. There was ingrafted upon this act
a proviso, that the distribution should be suspended
whenever the rate of duties on any imports should be
raised above twenty per cent. As the tariff has since
been remodelled, and duties imposed on some articles
exceeding twenty per (?ent., the act is rendered wholly
nugatory. A bill was passed by congress, in 1842, to
repeal the proviso in question, but it failed of becoming
a law, having been retained by the president, at the
close of the session.
8. By far the greatest part of the revenue of the
United States is, and always has been, derived from
customs. Ever since the government went into opera-
tion under the constitution, duties have been levied
upon imports, for the purpose of defraying the expenses
of government, paying the public debts, and the like.
Changes have been made, from time to time, in regard
to the rates of duties, and the articles on which they
have been imposed, according to the ends that were
designed to be answered. The leading object, in the
imposition of these duties, has always been, the raising
TARIFF. 195
of revenue to meet the wants of the government. A
secondary, but very important object, at least for the
last twenty -five years, has been, to protect and encour-
age domestic industry and manufactures ; and the sev-
eral tariffs that have been adopted w-ithin the period
named, have been constructed with reference to this
object.
9. A tariff of duties was settled in 1816. The sys-
tem was revised and rearranged in 1824, and again in
1828 ; and, at each of these times, the duties were
somewhat increased. In 1832, the whole scheme was
adjusted anew. The public debt being then nearly ex-
tinguished, the duties were considerably reduced, and a
much larger proportion of the importations than before,
to the amount of about one half, Avas made free. Ow-
ing to the disaffection which prevailed in the southern
states, and particularly in South Carolina, towards this
tariff, on account of its protective character, an act was
passed at the next session of congress, in 1833, which
was designed to settle difierences by way of mutual
concession, and which has commonly been known as
the compromise act.
10. By this act it was provided, that after the 31st
of December, 1833, in all cases where, by any act of
congress, duties were imposed on foreign imports, ex-
ceeding twenty per cent, on the value of them, one
tenth part of such excess should be deducted ; that
another tenth part should be deducted after the 31st of
December of every second year thereafter, until the
year 1841, when one half the residue of such excess
should be deducted, and the remaining half after the
30th of June, 1842. The act further declared, that after
the same 30th of June, all duties on imports should
be collected in ready money; that duties should be
laid for the purpose of raising such revenue as might be
necessary to an economical administration of the gov-
ernment ; and that the duties upon goods should be
assessed upon the value of them at the port where en-
tered, under such regulations as might be prescribed by
196 EXPENDITURES.
law. The time specified expired without any regula-
tions having been prescribed.
11. Subsequently, an act was passed, which was
approved on the 30th of August, 1842, by which the
whole system of duties was revised and readjusted,
and anew tariff established. The duties imposed by
this act are partly ad valorem and partly specific. The
ad valorem duties range from one to fifty per cent.
There is a list of articles, but considerably less numer-
ous than under the act of 1832, which are exempt from
duty. This act provides, as has usually been the case,
that, where there is no special regulation, an addition
of ten per cent, shall be made to the estabhshed rates
of duties, in respect to goods imported in vessels not of
the United States ; and a further addition of ten per
cent, on those imported from places east of the Cape of
Good Hope, in foreign vessels ; unless such goods be
entitled, by treaty or act of congress, to be entered upon
the payment of the same duties which are imposed on
goods imported in vessels of the United States.
12. l^\ie expenditures o^ the Vniiedi States, exclusive
of the payment of the public debt, and the redemption
of treasury notes, are commonly classed under three
general heads. The first of these comprises the civil
list, foreign intercourse, and miscellaneous ; the second,
the military service, including fortifications, Indian af-
fairs, pensions, arming the militia, internal improve-
ments, and building armories and arsenals ; the third,
the naval sei"\dce, including the gradual improvement
of the navy. The funds of the post office department
pass through the treasury of the United States, but the
accounts of that department are kept distinct and sepa-
rate from the others. There are also certain trust funds,
such as money received from foreign nations, for indem-
nities, or in compensation for spoliations and injuries
done to the property of citizens of the United States,
which are paid into the national treasury and disbursed
from it.
MINT. 197
CHAPTER LII.
THE MINT, AND MONEY.
1. The power to coin money and regulate the val-
ue of it and of foreign coin, is vested in congress, by
the constitution; and by the same instrument the
states are prohibited from coining money or making
anything but gold and silver coin a tender in payment
of debts. A mint, for the purpose of a national coin-
age, was established at Philadelphia, and went into op-
eration in 1793. Recently, branches have been estab-
lished, one at New Orleans, for coining gold and silver ;
and one at Charlotte, in North Carolina, and another at
Dahlonega, in Georgia, both exclusively for the coin-
age of gold. These branches all commenced opera-
tions in 1838. The avowed object of their establish-
ment was, to increase the metallic currency of the
country. But there has been little occasion for them.
2. The mint at Philadelphia, in each of the years 1 834
and 1836, coined upwards of seven millions of dollars;
and it is stated by the director to be capable of a
coinage of twelve millions a year. Since the establish-
ment of the branches, the entire coinage of the mint
and branches, in one year, a little exceeded four millions
of dollars; in every other year, it has fallen short of
that sum. The whole expense attending the three
branch mints, to the end of the year 1841, exceeded
eight hundred thousand dollars. The total amount
of coinage at them all, to the same time, was a little
less than three millions of dollars ; which, as estimated
by the director, might have been coined at the prin-
cipal mint at an additional expense to that establish-
ment of about four thousand dollars.
3. The principal officers of the mint at Philadelphia
are, a director, who has the control and regulation of the
mint and its branches ; a treasurer, who keeps the ac-
counts of the mint, and pays all moneys due by it, on
17#
198 COINAGE.
warrants from the director, and on like warrants deliv-
ers to the proper persons all coins struck at the mint;
an assayer, whose duty it is carefully to assay, or try all
metals used in coinage, when required, and also to make
assays of coins ; a melter and refiner, who executes all
the operations necessary in order to form ingots of
standard silver or gold; a chief coiner , who executes all
the operations required in order to form coins from the
standard silver and gold ingots, and copper planchets ;
and an engraver, who prepares and engraves, with the
legal devices and inscriptions, all the dies used in the
coinage. These officers, as well as the principal offi-
cers of the branch mints, are appointed by the presi-
dent with the approval of the senate.
4. The present standard for gold and silver coins of
the United States is such, that of ten parts by weight,
nine are of pure metal and one of alloy. The alloy
of the silver coins is of copper, that of the gold coins,
of copper and silver, the silver not to exceed one half
of the whole alloy. All the gold coins of the United
States, consisting of the eagle, half eagle, and quarter
eagle ; and the silver coins, consisting of the dollar, half
dollar, quarter dollar, dime and half dime, are legal
tenders of payment, according to their nominal value,
respectively. Cents and half cents pass current as
money, and no other copper pieces may be paid, or
offered to be paid, or received in payment, under a
penalty of ten dollars.
5. All coins are required to be of a specified weight,
and to be stamped with the prescribed devices and
legends. To secure due conformity in the gold and
silver coins to their respective standard fineness and
weight, an annual trial is made of a certain number of
pieces of each variety, before commissioners appoint-
ed for the purpose. Gold is coined most into half
eagles ; and from 1804 to 1838 no eagles were coined.
Of the silver coinage, by far the greatest part in value
is in half dollars. No dollars were coined from 1805
to 1836. The whole coinage from the commencement
of operations to the end of the year 1841, amounted,
FOREIGN COINS. 199
in value, to about eighty-six millions of dollars, ma-
king in all nearly two hundred and sixty millions of
pieces. Some portion of this money, however, has been
recoined, particularly of the gold coins, the standard
weight of which, since the 31st of July, 1834, has
been somewhat reduced.
6. Gold and silver bullion brought to the mint,
is received and coined for the depositor, at a low rate
of charges. The greater part of the metal used for
coinage consists of foreign coins. A portion of the gold
is furnished by some of the southern states, chiefly
North Carolina, Georgia, Virginia, and South Carolina.
Gold, in small quantities, was sent to the mint from
North Carolina as early as 1804; and from that state
only, till 1829, when deposits began to be made from
other states. By the end of the year 1841, gold of the
United States had been received at the mint and
its branches, amounting to nearly seven millions of
dollars. It has been estimated, that little more than
half of the gold produced from the mines of the
United States is brought to the mint.
7. Certain foreign coins have been made legal ten-
der of payment, by acts of congress. Such are Spanish
milled dollars of a specified weight, at the rate of one
hundred cents for each, and in proportion for the parts
of a dollar. So also, if they be of the required weight
and fineness, dollars of Mexico, Peru, Chili, and Central
America, and those restamped in Brazil, pass current
as money, by tale, at the rate of one hundred cents to
the dollar : and the five franc pieces of France, at the
rate of ninety- three cents each. The gold coins of
Great Britain, Portugal, Brazil, France, Spain, Mexico,
and Colombia, of the prescribed fineness, are receiva-
ble in all payments, by weight, at certain fixed rates.
The pound sterling of Great Britain, (which is not a
coin, but a sum,) in all payments by or to the treasury
of the United States, and in appraising merchandise
imported, is estimated at four dollars and eighty-four
cents.
200 CORPORATIONS.
CHAPTER LIIL
CORPORATIONS.
1. A CORPORATION is composed usually of several
individuals, who subsist as a body politic, under a par-
ticular name, and are vested with the capacity of per-
petual succession, and of acting, for many purposes, as
a single individual. The design of these associations
is, to enable the members to act with concentrated
effort and will, and to continue their joint powers and
property in the same body, without the inconvenience
arising from constant changes and conveyances. The
will of the corporation is collected from the sense of
the majority of the members. And whatever changes
in its constituent parts may be occasioned by the death
or change of any of the individual members, the corpo-
ration itself remains the same, all the members from
first to last being considered in law as one person, and
that person, so long as the succession is kept up, never
dies.
2. Corporations are of various kinds. There are
some which are established by the government for par-
ticular specified objects of a public or political nature.
Such are counties, towns, cities, parishes, school dis-
tricts and the hke, wherever they exist. Corporations
of this kind may be authorized to hold private property
for municipal uses. Being created for local and politi-
cal purposes connected with the public good, they may
be altered or abolished at the will of the legislature,
saving always to the rightful owners, the property, if
any, belonging to the corporation. No civil action lies
against such communities, unless it be given by stat-
ute ; and then, as they have in general no corporate
fund, each inhabitant is said to be liable to satisfy the
fudgment that may be obtained, and whoever pays it
has a right to contribution from the others.
CORPORATIONS. 201
3. Civil corporations of a private nature include
banks, the stock of which is owned wholly or in part
by private persons, insurance, manufacturing, turnpike
and rail road companies, and others of a similar descrip-
tion. Such companies are created by acts of incorpo-
ration, granted by the legislature. These charters of
incorporation are in the nature of contracts between
the government and the company, and as such they
are not ordinarily subject to legislative interference,
during the term for which they were granted. The
members of incorporated companies are not in general
personally responsible for the debts of the company,
though in particular cases, and to a certain extent, they
are made so by special provisions of law.
4. The manner in which incorporated companies, in
this country, are established, is substantially as follows.
A number of persons associate themselves together
and obtain from the legislature an act of incorporation,
granting them the requisite powers, and conferring
upon them a certain corporate name. The capital
stock, or money to be paid in as the fund with which
the particular business is to be carried on, is divided
into a given number of shares, which are taken up by
such individuals as choose to become stockholders, and
which may be sold and transferred in the mode pre-
scribed. The stockholders choose a board of directors,
who appoint one of their number president; and also
choose such other officers as are necessary.
5. Banks are properly of three kinds, or they per-
form three distinct offices. Banks of deposit are such
as receive money to keep for the depositor until he
demands it, either personally or by his order. Banks
of discount loan money upon promissory notes, bills of
exchange, and other securities. Notes and bills, for
this purpose, are not upon interest, but are made pay-
able at a future day, and the interest from the time
when the money is advanced to the time when it falls
due, is deducted from the sum advanced, which is
called disco'unting. Banks of circulation, in discounting
paper, as it is termed, or loaning money upon promis-
202 CORPORATIONS,
sory notes and the like, issue bills or notes of their own,
instead of advancing the amount in specie. In this
country, these three different offices are combined, and
are all performed by the same institution.
6. The stockholders in banks are compensated for
the use of their money by the interest received for
money loaned by the bank, out of which a dividend is
declared and paid, usually half yearly, of so much per
cent, on the stock. Each bank issues its bills, which
are in fact promissory notes, made in the name of the
president, directors, and company of the bank, signed
by the president and cashier, and payable to a specified
individual, or the bearer of them, on demand. These
bills the bank uses and pays out as money, and the
holders of them may at any time present them at the
bank and demand the amount in specie ; and so long
as a bank can redeem its bills, they are good and pass
current as cash.
7. When money is deposited in a bank, it is entered
in the books of the bank to the credit of the depositor,
and usually also in a small memorandum book, to be
kept by the depositor, called his hank hook. When he
wishes to draw out any part of his money, he addresses
to the cashier a written order, denominated a check, to
pay such a sum to the bearer. The checks, when paid,
are usually perforated in a particular manner, so that
they would be detected by the officers of the bank, if
again presented for payment. At the end of ever}'- month,
commonly, the account between the bank and the de-
positor is settled, and the balance carried to the next
month; and the checks that have been drawn by the
depositor and paid during the month, are given up to
him.
8. Insurance is a contract by which one party, in
consideration of a stipulated premium, engages to in-
demnify another from loss or damage arising upon the
happening of an uncertain event, provided for in the
policy. The instrument by which the contract is ef-
fected is called a policy. The party who undertakes
for the indemnity is called the insurer or underwriter.
CORPORATIONS.
203
the other, the insured. In this country, the business
of insurance is conducted chiefly or wholly by incorpo-
rated companies. Mutual fire insurance companies
are common, consisting of associations of individuals.
Each member of the company, on paying into the
treasury a certain per cent, upon the amount of his
property insured, and giving a note for an additional
sum, receives a policy from the association, running a
stated number of years. Losses are paid from the
money in the treasury, and when needed, assessments
are made upon the premium notes.
9. Marine insurance is an agreement to indemnify
the owners of vessels and other property at sea, against
■ certain sea risks and perils. Fire insurance is a contract
of indemnity against losses which a person may sustain
in his buildings, furniture and goods, mentioned in the
policy, by means of fire happening during the term of
the insurance. In either of these cases the party in-
sured must have an interest in the property lost, at the
time of insuring and of the loss, to entitle him to re-
cover on his policy. Accordingly, if the property be
sold during the term, the insurance is at an end. But
there is generally provision by which, with the consent
of the insurer, or in some other prescribed mode, the
policy may be assigned to the purchaser of the prop-
erty, and be good to him for the residue of the term.
10. Life insurance is a contract whereby the insurer,
in consideration of a sum in gross, or of certain periodi-
cal payments, engages to pay the person for whose
benefit the insurance is made, a specified sum or an
annuity, upon the death of the person whose life is
insured, within the term of the insurance ; . which term
may be for the whole life of the party, or for a limited
time. The object of such insurance is usually to pro-
vide a fund for creditors or for family connections, in
case of the death of the person insured. The party in-
suring must have an interest in the life insured. A
creditor may insure the life of his debtor to the extent
of his debt ; and a person may insure his own fife for
the benefit of his creditors or relatives.
STATISTICAL TABLES.
Times when the State Constitutions were formed, and when
revised; and qualifications required for Electors.
States.
ConstituUons.
aualifications of Electors. J
Formed. Revised*
Color,
Residence in the
Payment of
Tales, &c.
State.
Town.&c.
Maine,
1819
3mos.
resid't
N. Hampshire;
1784
1792
6mos.
3mos.
Vermont,
1793
1836
1 year
resid't
Massachusetts,
1780
1821
1 year
6mos.
Taxes.
Rhode Island,!
1663
3mos.
Freehold.
Connecticut,
1818
1836
White
6mos.
Taxes.
New York,
1777
1821
1 year
6mos.
New Jersey,
1776
White
1 year
Taxes.
Pennsylvania,
1790
1838
White
1 year
10 d's.
Taxes.
Delaware,
1792
1831
White
1 year
1 mo.
Taxes.
Maryland,
1776
1837
White
1 year
6mos.
Virginia,
1776
1830
White
1 year
Taxes.
N. Carolina,
1776
1835
White
1 year
Freehold.
S. Carolina,
1790
1808
White
2 y'rs.
6mos.
Georgia,
1777
1798
6mos.
Taxes.
Alabama,
1819
White
1 year
3mos.
Mississippi,
1817
1832
White
1 year
4mos.
Tennessee,
1796
1834
White
6mos.
Kentucky,
1790
1799
White
2y. or
1 year
Ohio,
1802
White
1 year
resid't
Taxes.
Michigan,
1835
White
6mos.
resid't
Indiana,
1816
White
1 year
resid't
Illinois,
1818
White
6mos.
resid't
Missouri,
1820
White
1 year
3mos.
Arkansas,
1836
White 6mos.
resid't
Louisiana,
1812 1
White
1 year
Taxes.
* At these dates, most of these Constitutions underwent a general re-
vision, by conventions. Some of these, and of the others, have been
amended, in regard to particular provisions, at other times.
t This State has continued under the Charter of Charles II.
X In all the States, electors are required to be mcde citizens, or in New
Jersey and Illinois, inhabitants , 21 years of age, or upwards.
18
206
LEGISLATURES.
II. Statement of the required age and period of residence, and
the terms of office, in years, with the numbers and daily pay of
Senators and Representatives.
States and Territories.
Senators.
Representative*.
Pay.
c
•si
.
.s
.9 .
.si
.
1
a,
■<
M
^1
i
a
Z
il
&
1
1
$
United States,
30
6
52
25
2
223
8.00
Maine,
25
1
H
1
31
21
1
M
1
200
2.00
N. Hampshire,*'
30
^
1
12
2
1
250
2.00
Vermont,
30
2
1
1
30
21
2
' 1
1
233
1.50
Massachusetts,
5
1
40
1
1
356
2.00
Rhode Island,*
}4
1
10
%
K
72
1.50
Connecticut,!
21
}£
1
21
21
yi
1
208
1.50
New York *
4
32
1
128
3.00
New Jersey, ^'^
1
1
14
1
1
50
3.00
Pennsylvania,
25
4
1
3
33
21
3
1
1
100
3.00
Delaware,*
27
3
1
4
9
24
3
1
2
21
3.00
Maryland,
25
3
6
21
21
1
1
78
4.00
Virc^inia,*
30
4
32
25
1
134
4.00
N. Carolina,*
1
2
50
1
2
120
3.00
S. Carolina,*
30
5
4
45
21
3
2
124
4.00
Georgia,*
25
3
1
1
93
21
3
1
1
207
4.00
Alabama,
27
2
1
3
33
21
2
1
1
100
4.00
Mississippi,
30
4
1
4
30
21
2
1
2
91
3.00
Tennessee,
30
3
1
2
25
21
3
1
2
75
4.00
Kentucky,
35
6
1
3
38
24
2
1
1
100
3.00
Ohio,t
30
2
2
36
25
1
1
72
3.00
Michigan,
21
K
2
18
21
%
1
53
3.00
Indiana,!
25
2
1
3
50
21
1
1
100
2.00
Illinois,!
25
1
4
40
21
1
2
91
3.00
Missouri,!
30
4
1
4
18
24
2
1
2
49
3.00
Arkansas,
30
1
4
17
25
2
54
3.00
Louisiana,*
27
4
1
4
17
21
2
1
2
60
6.00
Florida,
1
2
11
1
29
4.00
Wisconsin,
4
13
2
26
3.00
Iowa,
2
13
1
26
3.00
* Senators^ in New York and Delaware, and Senators and Represen-
tatives in the rest of these States, must possess a specified amount of
property, usually a part or the whole of it to be freehold.
t In these States, Senators and Representatives are required to have
paid a State or County tax.
X Senators, in Connecticut, receive $2 a day ; Representatives, $1,50.
ELECTIONS AND LEGISLATIVE SESSIONS.
207
III. Statement of the times of holding the General Elections, and
the times of meeting of the Legislatures.
Meetings of Legislatures.
St&tcs &.nd Xeiritoricfl*
Times of Elections.
Times.
Periods.
United States,*
1st Mond. Dec.
Annually.
Maine,
2d Mond. Sept.
1st Wedn. Jan.
Annually.
New Hampshire,
2d Tues. Mar.
1st Wedn. June.
Annually.
Vermont,
1st Tues. Sept.
2d Thurs. Oct.
Annually.
Massachusetts,
2d Mond. Nov.
1st Wedn. Jan.
Annually.
Rhode Island,
3d Wedn. Apr.t
IstWedn.Mayt
Semi-ann.
Connecticut,
1st Mond. Apr.
1st Wedn. May.
Annually.
New York,
1st Mond. Nov.
1st Tues. Jan.
Annually.
New Jersey,
2d Tues. Oct.
4th Tues. Oct.
Annually.
Pennsylvania,
2d Tues. Oct.
1st Tues. Jan.
Annually.
Biennially.
Delaware,
2d Tues. Nov.
1st Tues. Jan.
Maryland,
1st Wedn. Oct.
1st Mond. Dec.
Annually.
Virginia,
4th Thurs. Apr.
1st Mond. Dec.
Annually.
North Carolina,
1st Thurs. Aug.
2d Mond. Nov.
Biennially.
South Carolina,
2d Mond. Oct.
4th Mond. Nov.
Annually.
Georgia,
1st Mond. Oct.
1st Mond. Nov.
Annually.
Alabama,
1st Mond. Aug.
1st Mond. Nov.
Annually.
Biennially.
Mississippi,
1st Mond. Nov.
1st Mond. Jan.
Tennessee,
1st Thurs. Aug.
1st Mond. Oct.
Biennially.
Kentucky,
1st Mond. Aug.
1st Mond. Dec.
Annually.
Ohio,
2d Tues. Oct.
1st Mond. Dec.
Annually.
Michigan,
1st Mond. Nov.
1st Mond. Jan.
Annually.
Indiana,
1st Mond. Aug.
1st Mond. Dec.
Annually.
Illinois,
1st Mond. Aug.
1st Mond. Dec.
Biennially.
Missouri,
1st Mond. Aug.
1st Mond. Nov.
Biennially.
Arkansas,
1st Mond. Oct.
1st Mond. Nov.
Biennially.
Louisiana,
1st Mond. July.
1st Mond. Jan.
Annually.
Florida,
2d Mond. Oct.
1st Mond. Jan.
Annually.
Wisconsin,
1st Mond. Dec.
Annually.
Iowa,
1st Mond. Dec.
Annually.
* Representatives in Congress are usually chosen at the State Gen-
eral Elections, and Senators at the meetings of the State Legislatures,
respectively, which are held next preceding the time when their term of
office is to commence.
t The Representatives in Rhode Island, for one half the year, are chos-
en on the last Tuesday in August ; and there is another regular sessiou
of the Legislature on the last Wednesday in October.
208
GOVERNORS.
IV. Statement of the qualifications, terms of office, and salaries
of the Chief Magistrates ; showing also where they have a quali-
fied negative, arid who performs the duties in case of vacancy.
Years.
Term
Salary.
States and Territories.
A
M
1
ends.
Successor.
United States,*
35
14
Mar.
25,000
Vice President.
Maine,*
30
5
Jan.
1,500
Pres. of Senate.
N. Hampshire,* 1
30
7
June.
1,000
Pres. of Senate.
Vermont,!
4
Oct.
750
Lieut. Governor.
Massachusetts,*!
7
Jan.
3.666f
Lieut. Governor.
Rhode Island,!
'A
May.
'400
Lieut. Governor.
Connecticut,}-
30
%
May.
1,100
Lieut. Governor.
New York,*$
30
5
2
Jan.
4,000
Lieut. Governor.
New Jersey, II
1
Oct.
2,000
V. P. of Leg. Coun.
Pennsylvania,*
30
7
3
Jan.
4,000
Speaker of Senate.
Delaware,
30
6
4
Jan.
l,333i
Speaker of Senate.
Maryland,
30
5
3
Jan.
4,200
Secretary of State.
Virginia, II
30
5
3
Mar.
3,333J
Lieut. Governor.
N. Carolina,!
30
5
2
Jan.
2,000
Speaker of Senate.
S. Carolina,!|l
30
10
2
Dec.
3,500
Lieut. Governor.
Georgia,*!
30
6
2
Nov.
4,000
Pres. of Senate.
Alabama,!
30
4
2
Dec.
3,500
Pres. of Senate.
Mississippi,*
30
5
2
Jan.
3,000
Pres. of Senate.
Tennessee,
30
7
2
Oct.
2,000
Speaker of Senate.
Kentucky,!
35
6
4
Sept.
2,500
Speaker of Senate.
Ohio,
30
4
2
Dec.
1,500
Speaker of Senate.
Michigan,*
2
2
Jan.
2,000
Lieut. Governor.
Indiana.!
30
5
3
Dec.
1,500
Lieut. Governor.
Illinois,!
30
2
4
Dec.
1,500
Lieut. Governor.
Missouri,!
35
4
4
Nov.
2,000
Lieut. Governor.
Arkansas,!
30
4
4
Nov.
2,000
Pres. of Senate.
Louisiana,*!
35
6
4
Jan.
7,500
Pres. of Senate.
Florida,*
3
Dec.
2,500
Sec. of Territory.
Wisconsin,*
3
Mar.
2,500
Sec. of Territory.
Iowa,*
3
July.
2,500
Sec. of Territory.
* The Executive has a qualified negative ; and a bill, to become a
law, must be repassed by a vote of two thirds of the members present
in each house.
t The Executive has a negative, but a bill becomes a law if repassed
by a majority of all the merribers elected to each hoiise, or, in Vermont and
Connecticut, by a majority of those present.
X The Governor, in these States, must be o. freeholder.
II Chosen by the Legislature; in all the other States, by i3a» people.
JUDGES.
209
V. Statement of the number of Judges of the highest Courts,
the mode of their appointment, their terms of office and compen-
sation, and how removable.
i
$ Salary of
States and Territoriea.
1
Appointed by the
TeiTOofoiEce.
C.J.
Assoc,
United States,*
9 Pres. and Sen.
Good behavior.
5,000
4,500
Maine,t
3 Gov. and Coun.
Seven years.
1,800
1,800
N. HampshirCjt
4 Gov. and Coun.
Good be. till 70.
1,400
1,200
Vermont,=^
5 Legislature.
One year.
1,375
1,375
Massachusetts,!
4 Gov. and Coun.
Good behavior.
3,500
3,000
Rhode Island,
3 Legislature.
One year.
650
550
Connecticut,!
5 Legislature.
Goodbe.till70.
1,100
1,050
New York,*^
3 Gov. and Sen.
Good be. till 60.
3,000
3,000
New Jersey,^'^
5 Legislature.
Seven years.
1,500
1,400
Pennsylvania,!
5 Gov. and Sen.
Fifteen years.
2,6661 2;000|
Delaware,!
4 Governor.
Good behavior.
1,200
1,200
Maryland,!
6 Gov. and Sen.
Good behavior.
2,500
2,200
Virginia,!.
5, Legislature.
Good behavior.
2,750
2,500
N. Carolina,!
3 Legislature.
Good behavior.
2,500
2,500
S. Carolina,*
6jLegislature.
Good behavior.
3,000
Georgia,!
lljLegislature.
Three years.
2,100
Alabama,!
3 'Legislature.
Six years.
2,250
2,250
Mississippi,!
3 People.
Six years. ^
2,000
2,000
Tennessee,!
3 j Legislature.
Twelve years.
1,800
Kentucky,!
3 Gov. and Sen.
Good behavior.
2,000
2,000
Ohio,*
4jLegislature.
Seven years.
1,500
1,500
Michigan,!
4{Gov. and Sen.
Seven years.
1,600
1,500
Indiana,*
3 Gov. and Sen.
Seven years.
1,500
1,500
Illinois,!
9 Legislature.
Good behavior.
1,500
1,500
Missouri,!
3 Gov. and Sen.
Good be. till 65.
1,100
1,100
Arkansas,*
3
Legislature.
Eight years.
1,800
Louisiana,!
5
Gov. and Sen.
Good behavior.
5,000
Florida,*
5
Pres. and Sen.
Four years.
1.800
Wisconsin,*
3
Pres. and Sen
Good behavior.
1,800
Iowa,*
3
Pres. and Sen
Four years.
1,800
Dist. Columbia,*
3
Pres. and Sen
Good behavior.
2,700 !2',500
* Removable from office by itnpeachment.
t Removable by impeachment, (or in Maryland, on conviction in a
court of law) ; or by the Executive, on the address of both branches of the
Legislature. For this latter, in all the States except Maine, New Hamp-
shire, and Massachusetts, two thirds of the members of each house, and
in Louisiana, three fourths must concur.
I Removable by impeachment, or by a concurrent vote of two thirds
of the members of both branches of the Legislature.
18*
210
APPORTIONMENT OF REPHESENTATIVES.
VI. Statement of the times when the respective States adopted
the Constitution of the United States, or were admitted into the
Union; and of the whole number of Representatives in Con-
gress, and tlie number for its slave population, to which each
State has been entitled under the several apportionments.
Slatei.
Adoption of the Con-
stitution, or admis-
•ion into the Union.
1789
1793
1803
1813
1823
1833
1843
1
3
1
1
1
1
1
i
1
7
i
55
1
8
1
7
1
Me.
Mar. 15, 1820
N.H.
June 21, 1788
3
4
5
6
6
5
4
Vt.
Feb. 18, 1791
2
4
6
5
5
4
Mass.
Feb. 7, 1788
8
14
17
20
13
12
10
R. I.
May 29, 1790
1
2
2
2
2
2
2
Conn.
Jan. 9, 1788
5
7
7
7
6
6
4
N. Y.
July 26, 1788
6
10
1
17
27
1
34
40
34
N.J.
Dec. 18, 1787
4
5
6
6
6
6
5
Penn.
Dec. 12, 1787
8
13
18
23
26
28
24
Del.
Dec. 7,1787
1
1
1
2
1
1
1
1
Md.
Apr. 28, 1788
6
8
2
9
2
9
2
9
2
8
1
6
1
Va.
June 27, 178810
19
6
22
6
23
7
22
6
21
6
15
4
N. C.
Nov. 2*, 1789
5
10
2
12
2
13
2
13
3
13
3
9
2
s. c.
May 23, 1788
5
6
2
8
2
9
3
9
3
9
4
7
3
Ga.
Jan. 2, 1788
3
2
1
4
1
6
2
7
3
9
3
8
3
Ala.
Dec. 14, 1819
3
1
5
1
7
2
Miss.
Dec. 10, 1817
1
2
1
4
2
Tenn.
June 1,1796
3
1
6
1
9
1
13
2
11
2
Ken.
June 1, 1792
2
1
6
1
10
1
12
2
13
3
10
2
Ohio,
Apr. 30, 1802
1
6
14
19
21
Mich.
June 15, 1836
3
Ind.
Dec. 11, 1816
3
7
10
111.
Dec. 3,1818
1
3
7
Mo.
Mar. 2,1821
1
2
5
1
Ark.
June 15, 1836
1
La.
Apr. 8,1812
105
15
142
15
1
182
20
3
213
1
22
3
240
1
25
4
2231
2
24
Total,
65
APPORTIONMENT OF REPRESENTATIVES.
211
VII. Statement of the Ratios upon which the several Appor-
tionments have proceeded^ and the unrepresented fractions of the
federal population^ in the respective States, under each of those
Apportionments.
1793
1803
1813
1823
1833
1843
Ratiot,
33,000
33.000
35,000
40,000
47,700
70,680
States.
FracUong.
Fraction..
FracUons.
Fractions.
FracUons.
Fractions.
Maine,
18,335
18,355
7,033
N. Hampshirej
9,746
13,760
4,360
4,161
30,328
1,854
Vermont,
19,410
22,465
7,713
35,764
42,152
9,228
Massachusetts,
13,257
13,964
745
3,287
38,0(K
30,899
Rhode Island,
2,730
2,970
6,991
3,040
1,792
38,148*
Connecticut,
6^040
19,622
16,918
35,163
11,465
27,251
New York,
1,591
17,619
8,933
8,778
10,578
25,800
New Jersey,
14,571
8,981
35,215
34,513
33,721
19,636
Pennsylvania,
3,879
7,683
4,873
9,374
12,472
27,687
Delaware,
22,544
28,813
1,004
30,940
27,731
6,363
Maryland,
14,514
2,294
20,946
7,392
24,242
9,354
Virginia,
3,938
15,882
12,615
15,118
21,802
2
N. Carolina,
23,523
28,785
32,970
36,822
19,647
18,972
S. Carolina,
8,236
23,131
21,569
39,341
25,725
39,503*
Georgia,
4,839
6,340
346
1,125
510
13,574
Alabama,
5,175
24,007
65,264*
Mississippi,
22,322
14,957
14,847
Tennessee,
1,163
33,913
30,771
5,163
49,187*
Kentucky,
2,345
6,813
24,287
33,625
1,732
125
Ohio,
12,365
20,760
21,434
31,603
35,186
Michigan,
227
Indiana,
27,102
9,131
49,745*
Illinois,
14,845
14,056
51,971*
Missouri,
22,493
35,012
7,006
Arkansas,
13,920
Louisiana,
Total,
27,692
5,781
23,804
2,311
151,163
238,660
281,855
466,706
483,493
276,275t
* These fractions are allowed one Representative each,
t Not including- the fractions that are represented
212
SESSIONS OF CONGRESS.
VIII. Table showing the commencement^ close, and duration of
each session of Congress, the number of Acts and Resolutions
passed, and of Bills vetoed or retained by the Executive, and the
Speakers of the House of Representatives.
11
13
4, 1789
4, 1790
6, 1790
24, 1791
5, 1792
2, 1793
3, 1794
7, 1795
5, 1796
15, 1797
13, 1797
3, 1798
2, 1799
17, 1800
7, 1801
6, 1802
17, 1803
5, 1804
2, 1805
1, 1806
26, 1807
1, 1808
22, 1809
27, 1809
3, 1810 Mar
4, 181lJuly
2, 1812 Mar.
24, 1813 Aug.
6, 1813 Apr.
19, 1814 Mar.
Sept.
Aug.
Mar.
May-
Mar.
June
Mar.
June
Mar.
July
July
Mar.
May
Mar.
May
Mar.
Mar.
Mar.
Apr.
Mar.
Apr.
Mar.
June
May
29, 1789
12, 1790
3,179
8, 1792
2, 1793
9, 1794
3, 1795
1, 1796
3, 1797
10, 1797
16, 1798
3, 1799
14, 1800
3, 1801
3, 1802
3, 1803
27, 1804
3, 1805
21,1806
3, 1807
25, 1808
3, 1809
28, 1809
1, 1810
3,1811
6,1812
3,1813
2,1813
18, 1814
210
221
88
198
118
190
121
78
89
57
246
91
165
107
148
88
163
119
141
93
183
117
38
156
91
246
122
71
134
3, 1815|166|
29
49
29
45
32
66
53
55
30
17
90
49
76
36
55
40
62
46
46
49j
68
37
17
51
45
142
66
59
99
113
F. A. Muhlen-
berg, Penn.
Jon. Trumbull,
Conn.
F. A. Muhlen-
berg.
Jona. Dayton,
N.J.
Jona. Dayton.
T. Sedgwick,
Mass.
Nath. Macon,
N. C.
Nath. Macon.
Nath. Macon.
J. B. Vamum,
Mass.
J. B. Vamum.
Henry Clay,
Ken.
Henry Clay.
Lang. Che ves,
S. C.
SESSIONS OF CONGRESS.
213
( Continued.
fi
j Session
ll
.1
Speakeri.
Commenced.
Terminated.
-n
I Dec. 4,1815
>Dec. 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
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ICLF fNVl
RtC'D LD
APR 141966
LD 21-100m-12,'46 (A2O12sl6)4l20
R 111973 11