!)t!>;ii;;l!:;i:i •HMUtMitwuMonnan Miiiiiiiiiiiiiiiiiiiiiiiiiliii>miiiwimi)iiliiMii'i"nMii"'r wmmmm mik jt m m H immmtm'f'mmimmfm A A 5 6 GOVERNMENT; ITS ORIGIN, GROW ,,, AND FORM IHJTHt SmTBS SILVER, BURDETT iiiiK ;iHfi!i!!imiii: mmmmmmtm ■ Mtl UllnH WtHWW- )Mr'^ mmmmmimittii M mmmm]^mMmm^ mmiiimi-i UNIVERSITY OF CALIFORNI AT LOS ANGELES THE GIFT OF MAY TREAT MORRISON IN MEMORY OF ALEXANDER F MORRISON GOYEENMENT ITS ORIGIJSr, GROWTH, A'NT> FORM 11^ THE HJSriTED STATES BY ROBERT LANSING, B.A. M ATTORNEY AT LAW AND GARY M. JONES, M.A. PBINOIPAI. or THE WATERTOWN, NEW YORK, HIOH 8CHOOL SILVER, BURDETT AND COMPANY NEW YORK BOSTON CHICAGO Copyright, 1902, by SILVER, BURDETT AND COMPANF . k • I- o 2 PKEFACE The majority of text-books on civil government in the United States have followed one of two methods in their treatment of the subject. One introduces the student directly to existing institutions and explains their func- tions, with little or no attempt to show their origin. The other begins with the more imperfect forms of local gov- ^ ernment and builds up from these to the federal system. '♦ However logical either of these methods may appear, ex- S perience has shown that the average student, conversant with American history and not that of his State, is much more familiar with the form and powers of the general government than he is with those of local governments. It was this fact tliat induced the authors to prepare this work on the Federal Government, in the liope that the u.' student iiaving thus gained an ac(|uaintance with this, < the more perfect system, would ho better equipped to cl take u]) tlie study of his more complex State and local :£ tu O C C9 governments. Furthermore, it was considered of the utmost impor- tance, before discussing the present federal s\'stem, to familiarize the student with those general principles upon which all governments rest, and with the source and growth of free institutions in England and her colonial possessions in America. This is done in Parts First and Second. Tlie abstract principles are dclined and 4.39'11.1 IV PREFACE explained by appropriate illustrations, and the growth of civil liberty is traced historically from its Anglo-Saxon origin to its final development in the Constitution of the United States. By these means the student has had an opportunity to apply his knowledge of American history, to understand the causes which led to the Revolutionary War and their logical result, to appreciate the force of the Declaration of Independence and the reasons for the failure of the Confederacy. He should understand why a new constitution was necessary, upon what principles it should rest, and what should be the general form and powers of the government to be established. But, if the time devoted to civics is too brief to warrant this histori- cal examination. Part Second may be passed over with- out affecting the treatment of the national government. Part Third contains a critical and analytical study of the Federal Constitution, with such historical references as are necessary to explain its provisions. The sections and clauses are inserted in the text for the convenience of the student and to insure careful study of the lan- guage of the Constitution. Unless these are so clear and simple as to demand no explanation, they are analyzed and commented on in the light of the most recent judicial decisions, official interpretations and opinions of promi- nent jurists ; and when of peculiar interest, the language of these authorities is quoted. Besides this critical ex- amination of the Constitution, the practical workings of the different branches of the Federal Government are explained, with especial reference to the extension or modification of their functions bv statute, custom and practice. PREFACE V Part Fourth contains a concise review of the principles of international and municipal law. Jurisprudence is not properly a branch of civics, but the conduct of the foreign and domestic affairs of the nation is so inter- woven with questions of law that a general knowledge of this subject is essential to a right understanding of government in the United States. The purpose of the whole work is to furnish the student with principles and facts which will be of practical value to him in the exercise of the rights of citizenship, and to present them in such a way as to impress upon him the resjionsibilities which rest upon every citizen of the Re- public in the performance of his public duties. The authors desire to express their thanks for the assist- ance and kindly criticism which they have received durino^ the preparation of this work from Mr. Justice Harlan, Honorable John T. Morgan, Honorable John W. Foster, Andrew H. Allen, Esq., James M. Milne, Esq., and Prin- cipal William K. Wickes. Robert Lansing. Gary M. Jones. Watektown, N. Y. CONTENTS PART FIRST. ORIGIN AND DEVELOPMENT OF GOVERNMENT. CHAP. TAQE I. Principles of Government ..... 3 II. Classification of Governments .... 9 PART SECOND. RISE OF AMERICAN INSTITUTIONS. I. Source of American Institutions .... 19 II. Growth of American Independence ... 25 III. The Revolutionary Government .... 32 IV. Outline of the Articles of Confederation . . 35 V. The Government under the Articles op Confeder- ation 39 VI. The State Governments ...... 42 VII. The Constitutional Convention . . . . 46 PART THIRD. THE FEDERAL GOVERNMENT. I. The Preamble of the Constitution II. The Legislative Branch . 1. Congress ..... 2. Senators and Representatives 3. Organization and Method of Work 52 56 56 64 71 Vlll CONTENTS CHAP. III. IV. V, VI. VII. 4. Legislative Powers 5. Legislative Prohibitions G. Peculiar Powers of Senate and House 7. The President and Legislation The Executive Branch 1 . The President and Vice-President . 2. Executive Powers 3. The Executive Departments 4. Duties of the Executive The Judicial Branch 1. The FederalJudiciary . 2. The Jurisdiction of the Federal Courts The States and Territories General Provisions .... Amendments ..... PAGE 80 107 115 117 120 120 129 134 148 154 154 162 170 181 183 PAET FOUETH. PRINCIPLES OF LAW. 11. International Law ..... 1. Rules in Time of Peace 2. Rules in Time of War .... 3. Obligations of Belligerents to Each Other 4. Obligations of Neutrals and Belligerents to Other ..... Municipal Law ...... 1.' Civil Rights 2. Wrongs Each 190 190 194 194 196 202 202 215 APPENDICES. I. The Declaration of Independence . 11. Delegates to the Constitutional Convention III. Constitution of the United States 223 227 229 ABBREVIATIONS Am. & Eng. Ency. of Law, American and English Encyclo- pedia of Law. Blackstone, Commentaries. Bouvier, Bouvier's Law Dictionary. Cooley, Cooley on Constitutional Law. Int. Diet., Webster's International Dictionary. Kent, Commentaries on American Law. Maine, Ancient Law. Rutherford, Institutes. Story, Commentaries on the Constitution. Tomlins, Tomlins' Law Dictionary. Va. Cas., Virginia Cases. Vattel, The Law of Nations. Italics in quotations are the authors'. PART FIRST. THE ORIGIN AND DEVELOPMENT OF GOVERNMENT. CHAPTER I. PRINCIPLES OF GOVERNMENT. Society If a man did not come in contact and have relations with other men, he might live where he pleased and do what he wished ; that is, his actions would be un- restricted, except as he is responsible to God. He is in a state of Natural Liberty. Man, however, has constant in- tercourse with his fellows, and his actions are affected by or interfere with theirs; thus his freedom to act as he wishes limits or is limited by the freedom of another just so far as their actions conflict. The sole inhabitant of an island would be unrestricted in his action, but two individ- uals would find circumstances in which their wishes would conflict, and one or the other would have to yield. This relationship is called Society^ in which man's Natural Liberty is limited and becomes Civil Liberty. Natural Liberty ; The power of acting as one thinks fit, without any restraint or control, unless by the law of nature. — Blackskme. Civil Liberty : Natural Liberty so far restrained by human laws as is necessary and expedient for the public good. — Minor. State As men sustain sucli relations to one another, those living in one place or region unite for the purpose 4 ORIGIN AND DEVELOPMENT OF GOVERNMENT of common protection and interest. Such a union is termed a State or Nation, and by some writers a Civil Society. A state is therefore formed upon the principle of cooperation. Thus, a country attacked by enemies would be more successfully defended if the inhabitants united their efforts of resistance than if each attempted to protect only his own dwelling. • State ; Nation : A body politic, or society of men, united together for the purpose of promoting their mutual safety and advantage by the joint efforts of their combined strength. Cooletj ; Bouvier. Civil Society: By civil society is usually understood a state. a nation or body politic. Rutherford. Rights ; Sovereignty ; Law . — In every State every individual possesses certain well-defined powers or privileges, called Rights , which entitle him to conduct himself within certain limits in such a manner as will promote his happiness or profit. Thus, every man is entitled to the rights of " life, liberty and the pursuit of happiness ' ' ; that is, to live and to live as he pleases, to go where he pleases and to act as he pleases, provided he does not interfere with the rights of others. In order to protect the individual in the exercise of his rights and to limit the actions of each so as to give the greatest freedom to all, certain rules of conduct, called Laws, are necessary. To be effective, these laAvs must originate from a competent source ; and the individual or body of individuals having the supreme power to declare the laws in a state is called its Sovereign. Right: That which anyone is entitled to have, or to do or to require from others within the limits prescribed by law. Kent. Rights are divided into: A. — Political — The right to take part in the government, such as to vote and hold office. PRINCIPLES OF GOVERNMENT 5 B.— Civil. a. — Absolute or Natural. The right of Life. ) ^, . , The right of Liberty. [ ^^^^^ bir'ih ^^'''°'' The right of Property. ) b. — Relative. 1 — Public — The right of protection by the government. 2 — Private — Which grow out of the relations of Husband and wife, Parent and child, Guardian and ward, Master and servant. Sovereign: The person, body or state in which independent and supreme authority is vested. Int. Did. Sovereignty : The union and exercise of all human power possessed in a state; it is a combination of all power; it is the power to do every- thing in a state without accountability. Story. That public authority which commands in civil society and orders and directs what each is to perform, to obtain the end of its institu- tion. Vattel. Law: A rule of civil conduct prescribed by the supreme power in a state. Bouvier. A rule of life. Maine. Law in its most general and comprehensive sense signifies a rule of action; and it is applied indiscriminately to all kinds of action, whether animate or inanimate, rational or irrational. Thus we say, the laws of motion, of gravitation, of optics or mechanics, as well as the law of nature and of nations. And it is that rule of action which is prescribed by some superior, and which the inferior is bound to obey. Blackstone. When Law is applied to any other object than man, it ceases to contain two of its essential ingredients, disobedience and punishment. Tomlins. Government. — A law will not accomplish its pur- pose unless all the individuals in a state, to whom it applies, obey it in the same way ; and this equal obedi- ence is, therefore, compelled by the sovereign or repre- sentatives of the sovereign. The province of a sovereign is, then, to make and enforce, directly or indirectly, the 6 ORIGIN AND DEVELOPMENT OF GOVERNMENT laws of a state ; and this act is termed government. The word " government " is used not only to express the acts of sovereignty, but also the agents hy means of which the sovereign performs these acts. Tlius, in the United States the sovereignty is vested in the people ; the Presi- dent, Congress and Courts are the instruments to execute the sovereign's will, and are called "the Government." Government (first sense) : The control, direction and regulation of public or private affairs. Am. & Eng. Ency. of Laiv. Government (second sense) : That institution or aggregate of institutions by which a state makes and carries out those rules of action which are necessary to enable men to live in a social state, or which are imposed upon the people forming a state. Bouvier. Powers of Government. — As the sovereign's power is supreme, a government's duties can be determined and its authority limited only by the sovereign ; and a gov- ernment, being the representative of the sovereign, has power over the life, liberty and property of every indi- vidual in the state ; but this sovereign power can be jtisfly exercised only under certain conditions. The conditions under wliich a government rn^j justly deprive him of these rights are : 1. "When a person wrongfully interferes with another's rights, the government may compel him to forfeit a part or all of his own rights. All disoljedience to the laws is such an interference ; and the forfeiture imposed by the government is termed P'miisJwient. 2. When the state is in danger, the government may require the life, liberty or property of any member of the state. In case of war the enforced service in the army (called conscription or draft) and the taking and using an individual's property without his consent and PEINCIPLES OF OOVERNMENT 7 without paying liim for it (called confiscatimi) are ex- amples. The rights of a state to preserve social order and to protect itself are superior to the rights of any individual member. Branches of Government. — A government, whatever its form may be, executes the will of the sovereign by the exercise of three distinct functions, known as Legis- lative, Judicial and Executive. The Legis lative function consists in making laws ; that is, in announcing the sovereign will in regard to any matter. The Judicial^ function consists in interpreting the laws in their application to individual cases. The Reecutive function consists in enforcing the laws. These distinct functions may be exercised by the gov- ernment as a whole, or by two or three separate branches, which are named after the functions which they perform. In nearly all states the executive head selects men to act as advisers and to share in the duties of enforcing the sovereign's will. These advisers arc called a Council of State, a Ministry, or a Cabinet. In some states, as in England, this advisory body is substantially a committee of the dominant party in the legislative branch and possesses the executive authority. In such cases the Ministry is termed the "Government." Constitution. — A government's authority may be limited and defined by certain principles, which have been declared or accepted by the sovereign. These prin- ciples of government are termed a Constitution. Consti- tutions are either unwritten, as that of Great Britain, or 8 ORIGIN AND DEVELOPMENT OF GOVERNMENT written, as those of the United States and the German Empire. In a state which has a written constitution the word is used not only to indicate the principles of government, but also the document itself. Constitution : A fundamental law or basis of government. Story. The fundamental laws of a state, directing the principles upon which the government is founded and regulating the exercise of the sovereign powers. Bouvier. That by which the pov/ers of government are limited. 1 Va. Cas. 24. Written Constitutions are the product of modern ideas of civil government. Although the Grecian cities and some of the Italian republics possessed written laws in the nature of constitutions, it may be said that the " Fundamental Orders of Connecticut," drafted bj' Thomas Hooker and his friends in 1639 and substantially confirmed by the charter granted by Charles II. in 1662, was the first written constitution providing a complete form of government. And so re- publican was this instrument that it remained in force for forty yeart, after Connecticut became an independent state. CHAPTEE II. CLAS'SIFICATION OF GOVERNMENTS. Divisions. — In considering the different forms of gov- ernments tliere are two general divisions : Single Gov- ernments and Confederated or Federal Governments. A Single Government is that of a single state in which there is a sins^le sovereignty. A Confedeimted or Federal Government is that of a f Confederacy or Union. A Confederacij or Union is formed bv an ao;reement between two or more sino^le, independent states for mutual protection and benefit, by which each state retains a portion of its sovereign power, but surrenders to the confederacy as much as is necessary to carry out the purposes of the agreement. The word "confederation" is used commonly as a synonym of "confederacy," but in its strict sense the former is the agreement to unite, and the latter the residting union. SINGLE GOVERNMENTS. Basis of Classification. — Single Governments are com- ^lonly classiiied according to the character of the sovereignties whicli the}^ represent. Classification. — From the time of the earliest writers, governmentL have been divided into three general classes : Mot, archies, Aristocracies and Democracies. 10 ORIGIN AND DEVELOPMENT OF GOVERNMENT These are based, respectively, upon the three general forms of sovereignty — (1) by an individual, (2) by a class of individuals, and (3) by all the members of a state, 1. Monarchies. — A Monarchy is a government by one person, in whom is the sovereignty. The ruler — that is, the individual who governs — is called a monarch, sov- ereign, king, emperor, etc., while those over whom he rules are called his svhjects, and possess no part of the sovereignty. Among these is a certain class of individ- uals, termed nobles, who have been granted special priv- ileges by the sovereign. They bear such titles as mar- quis, earl, viscount, baron, etc., and constitute the nobility or aristocracy of the country. Principalities and Duchies are small monarchies, whose sovereignties are in princes and dukes. a. Division as to Power. — Monarchies are divided into two classes : Absolute Monarchies and Limited or Con- stitutional Monarchies. Absolute Monarcliry. — An Absolute Monarchy is one in which the acts of the ruler are unlimited by any prin- ciples of government. Such a monarchy is also calleil an Autocracy — as in the case of Russia, whose ruler is often termed "the Autocrat of All the Russias " — or a Despotism, when the government is characterized by cruelty or severity. The ruler of a despotism is called a despot or tyrant. A Theocracy, a Patriarchal Government and a Gov- ernment by a Chief are also absolute monarchies. Examples. — The Jewish government was a Theocracy ; that is, one in whieli God was the sovereign. Jehovah was the sole and absolute ruler of the nation. The best example of a Patriarchal SINGLE GOVERNMENTS 11 Government, in which the head of the family is its sovereign, is that of the Hebrew families before their settlement in Egypt ; thus, Abraham and Jacob were each supreme in the governing of their descendants. The Government by a Chief is the most common form among savages. The Indian tribes of America and the Negro tribes (or kingdoms, as they are often called) of Central Africa are familiar examples. Limited Monarchy. — A Limited or Constitutional Mon- archy is one in which the acts of the ruler are limited by a constitution. The limitations upon rulers vary accord- ing to the constitutions of the states over which they rule. Examples. — Spain, Italy and Holland are examples of Limited Monarchies, while Great Britain shows to what extent the consti- tution may deprive the monarch of power. In the British Em- pire the ruler, though theoretically possessing sovereign power, is so limited by the constitution as practically to possess none. The sovereignty is in fact in the English people, and the government is in reality a democracy in the form of a monarchy. h. Division as to Succession. — Monarchies are also divided into Hereditary and Elective Monarchies. This division is based upon the transfer of the sovereignty from one individual to another. Hereditanj Monarchy. — An Hereditary Monarchy is one in which the sovereignty is inherited by an heir of the monarch upon his death. The rule of inheritance is fixed by custom or the constitution. The usual descent is from the father to the eldest son ; and if there is no son, then to the eldest daughter. In many European states there formerly existed what is known as the Salic Law, which prohibited females from ever inheriting the sovereignty. Elective Monarchy. — An Elective Monarchy is one in 12 ORIGIN AND DEVELOPMENT OF GOVERNMENT which the sovereignty, upon the death of the ruler, is trans- ferred to another individual, chosen by the people or by a class, in whom the sovereignty rests until the new ruler is chosen. Thus the former kingdom of Poland Avas an elective monarchy, the right to choose a king belonging to the nobility. Rome, prior to 509 b.c, is another ex- ample of this class. So, too, governments by chiefs are usually elective monarchies (though sometimes heredi- tary), the tribe, the warriors of the tribe, or the heads of families being entitled, upon the death of a chief, to select his successor. Summary. — A monarchy is then either absolute and hereditary, limited and hereditary, absolute and elective, or limited and elective. 2. Aristocracies. — An Aristocracy is a government by a class of persons, separated from the other members of the state by reason of family, wealth or ])ower. The sovereignty rests equally in the persons of the ruling class. The government within the class is democratic, and for this reason an aristocracy is often classed as a republic. Examples. — The so-called Republic of Venice is the best ex- ample of an Ai'istocracy. The sovereignty rested in a few families, and the government was conducted through a council selected by them, who, in turn, chose the Doge and the Council of Ten, who w'ere the actual government. Genoa, and some of the Greek cities about the seventh century before Christ, also had aristocratic governments. &^ Hierarchies. — To tliis class belong certain church gov- ernments called Hierarchies ; the churches are composed of the clergy and of lay members, but the sovereignty SINGLE GOVERNMENTS 13 and government is reserved to the clergy. The Church of Rome, the Greek Church and the Anglican Church have hierarchical governments. 3. Democracies. — A Democracy is a government in which all the members of the state possess an equal share of the sovereignty. There are two general divisions of this class of government : Pure Democracies, and Repre- sentative Democracies or Republics. Pure Democracy. — A Pure Democracy is one in which the government is carried on directly by all the mem- bers of a community. It is only in states of small extent that this form can exist, as it would be impossible, in a large state, for its thousands of inhabitants to meet together and decide all questions of government. At the present day this form is found only among small savage tribes. Examples. — Such a government is carried on as follows : The tribe meets in one assembly, the affairs of the community are discussed, the action to be taken is determined upon, and one or more are appointed to execute the will of the tribe, and after this has been done the authority of those appointed to act for the tribe ceases. A remnant of this form of democracy is still to be found in the town meeting, at which every member of the town is entitled to be present and express his opinion, and the questions of town government are decided by a vote of all the electors present. Republic. — A Representative Democracy, or, as it is more commonly called, a Republic or Commonwealth, is one in which the government is delegated to a body of men elected from time to time by the citizens^ as the members of the state are called, who have an equal voice in selecting those who are to act for all in the government. U ORIGIN AND DEVELOPMENT OF GOVERNMENT Government in a Republic. — In a republic the three func- tions of government are usually administered by separate branches — the Legislative, by Representatives elected by the people ; the Judicial, by men, termed Judges or Jus- tices, elected by the people or appointed b}^ the Executive Branch of the government ; and the Executive, by a President elected by the people or chosen by their repre- sentatives. In most republics the Executive has a limited right, called the ri(jht of veto, to disapprove the acts of the Legislature; the Judiciary usually determines whether the acts of the Legislature and Executive comply with the principles declared by the constitution ; and the Legis- lature has power to remove the Executive and the Judi- ciary in case they violate the constitution. The three branches, therefore, though separate, are not absolute in the exercise of their functions, but are responsible to some other branch of the government. Examples. — France is an example of a Republic. There is a single sovereignty, which rests in all the people. The three branches of government are distinct. The legislative is elected by the people, and divided into two houses, called a Senate and a Chamber of Deputies. The Republic is divided into Departments, {each) administered by a prefect, who is nominated by the central government, and the Departments are subdivided into Arrondis- sements, Cantons and Communes. The judges of the different courts are appointed by the President. Chile is another example of a Republic with a single sover- eigntJ^ It also has a President, a Senate and a Chamber of Deputies elected by the people. For purposes of administration the Republic is divided into Provinces, and these into Depart- ments, wliose ofhcial heads are appointed by the central govern- ment, as are also the judiciary. Ecuador and Colombia are other instances of Single Republics. CONFEDERATED OR FEDERAL GOVERNMENTS 15 CONFEDERATED OR FEDERAL GOVERNMENTS. Classification. — ^Confederated or Federal Governments, being based upon an agreement between sovereign and independent states, adopt the character of the govern- ments of these states. Confederacies may be divided into two classes: Monarchical Confederacies and Repub- lican Confederacies. 1. MoNAKCHicAL CONFEDERACIES. — A Monarchical Con- federacy is one composed of two or more monarchies, and necessarily assumes the form of a limited monarchy, as the sovereign power is confined to such powers as are sur- rendered to it by the individual states which form the confederacy. ' Examples. — The German Empire is a Monarchical Confeder- acy, composed of four kingdoms, six grand duchies, five duchies, seven principalities and three free towns. By its constitution the sovereignty, for certain purposes, is given to two distinct branches, the executive and the legislative. The former is in the person of a President, with the title of the German Emperor, wlio is l)y the constitution the hereditary king of Prussia, the largest and most influential state of the Confederacy. The legislative autliority is in the Bundesrath, or Federal Council, appointed by the govern- ments of the individual states, and the Reichstag, or Diet, elected by the people. There is one federal court for hearing appeals, whose judges are appointed by the Emperor. All other courts are directly under the appointment and control of the different monarchies which form the Confederacy. Each state has also its own government, with an hereditary mojiarcli at its head, and is supreme in all matters not surrendered to the Imperial Govern- ment by the constitution. Austria-Hungary is also a Monarchical Confederacy, composed of the Empire of Austria and the Kingdom of Hungary, over which there is a common monarch with the titles of Kaiser of Austria and King of Hungary. To the Federal Government is 16 ORIGIN AND DEVELOPMENT OF GOVERNMENT surrendered the charge of foreign, military and naval affairs, finance, etc., while in all other matters the governments of the two monarchies are separate, except that the executive authority- is in the one ruler. In this it differs from the German Empire, in which each state has its own monarch. Austria and Hungary are both limited monarchies, with legislative assemlilies of their own. The federal legislation is by sixty delegates from each monarchy, chosen by their respective assemblies from their own members. These Delegations, as they are called, meet separately, once a year, and propose federal laws, which are submitted to the Delegation from the other monarchv. If a law is not agreed to after three interchanges of the views of each Delegation, then the one hundred and twenty delegates meet in one body and decide it. The famous Iroquois Confederacy, or the Confederacy of the Six Nations, is another example of a Monarchical Confederacy. It was composed of six Indian tribes whose villages extended aci'oss the central part of what is now New York State. Each tribe was under the government of hereditary sachems, but the Confederacy, in matters relating to the welfare of all the tribes, was governed by a grand council of fifty sachems, any of whom could demand a meeting of the council. In military affairs, however, two hereditary chiefs of the Seneca tribe commanded the warriors of the Confederacy. 2. Republican Confederacies. — A Republican Confed- eracy is governed in the same general way as a single repul)lic, except that the sovereignty of the federal gov- ernment is limited to those matters which affect the gen- eral welfare of all the states which form the confederacy, and which have been delegated to it by the states. Examples. — The Swiss Confederation is a Confederacy of twentj'-two separate republics, called Cantons. By its constitu- tion the legislative and executive authority of the Confederation is in a Federal Assembly composed of two houses, the State Council and the National Council. The former has forty-four members, two from each Cajiton, and the latter consists of repre- sentatives elected by the people, one representative for every CONFEDERATED OR FEDERAL GOVERNMENTS 17 20,000 inhabitants. Tho executive autliority is delegated by the Fedei'al Assembly to a Federal Council of seven members elected for thx'ee yeai's. The President and A^ice-President of this Coun- cil are selected each year by the Federal Assembly, and no mem- ber of the Council can be President two years in succession. It is the duty of the Federal Council to propose laws and to execute them when passed by the two houses. The Federal Council may, when it desires, and must, when iietitioned by 30,000 citizens, submit a law to all tho people, who may, by vote, adopt, amend or reject it. This princix^le of submission to the jjeople is called the referendum and is a modified form of Pure Democracy. The act of petitioning by the people for a referendum is termed initia- tion. Thei'e is only one fedei'al court, whose jurisdiction is limited. Each Canton has its own judges ; and, in all matters not delegated to the Federal Government by the constitution, it is supreme and has its own independent, republican government. The United States has a government of this class, although in some particulars it j^ossesses the character of a single republic. This likeness and difference will be shown when this government is studied more in detail. The Federal Principleo — ^Thc principle which underlies this form of government is that each state of the union possesses the sovereignty in all matters which affect itself alone, while in all matters which relate to two or more of the states, or which have to do with foreign nations, the sovereign power is in the Federal Government. 18 ORIGIN AND DEVELOPMENT OP GOVEENMENT 2. 3. SINGLE GOVERNMENTS. Autocracy. Despotism. Absolute ^ Theocracy. Patriarchy. By a Chief. Limited, or Constitutional, Hereditary. Elective. Aristocracies. Hierarchies. Pure. Representative, or RepiMican. 1. Monarchies As to Power As to Succession Democracies CONFEDERATED GOVERNMENTS. 1. Monarchical Confederacies. 2. Republican Confederacies. DIVISIONS OF GOVERNMENT IN A REPUBLIC. 1. Legislative, by Representatives elected by People. 2. Executive, by President elected by s -p, , ,. ^ '' i Representatives. Q 1 ri • • I 1a T 1 \ elected by People. ' "^ ''I appointed by Executive. . PART SECOND. RISE OF AMERICAN INSTITUTIONS. CHAPTER I. SOURCE OF AMERICAN INSTITUTIONS. The Anglo-Saxons. — The principle of civil liberty, which is the important element in our system of government, was already strongly developed among the Angles and Saxons when they conquered England in the fifth cen- tury. They were believers in the rights and powers of the individual. They elected their own chiefs and had a voice in the government of their clans. Under their rule the people in their various councils made laws and treaties, levied some taxes, raised land and sea forces, and exercised many other legislative and also judicial powers. These powers, although modified by changing conditions, became firmly settled under the successive Saxon kings in the form in \vl\ich they are historically known as the " Laws of Edward the Confessor." Effect of Norman Conquest. — The I^orman conquest wrought a change. The conquerors did not possess the Saxon ideas of liberty and equality. To them the king Avas the state ahd source of all law, and in the confusion of this change in ideas of government there followed con- 20 RISE OF AMERICAN INSTITUTIONS fiscation of property, oppressive laws, and the practical enslavement of the conquered people through the intro- duction of Feudalism. These conditions continued during the reigns of " The Conqueror" and AYilliam II. But Henry I., fearing the effect of popular discontent, promised by a " Charter of Liberties," granted in 1101, to restore in part the " Laws of Edward the Confessor." This Charter is im- portant as the first limitation upon the powers of the crown. Magn a Cha rta. — A century later (June 15, 1215) the gi'SaTmstrument of English liberty, known as Magna Charta, w^as wrung from KingJjilin by the people and nobles, who had revolted against his despotic rule. Oi the sixty-three provisions of this great document, those which are important in the study of our government are the following : Taxes. — No scutag-e* or aiclf shall be imposed in our kingdom unless by the general council of our kingdom ; except for ransom- ing our person, making our eldest son a knight and once for marrying our eldest daugliter ; . . . General Council. — And for holding the general council of the kingdom concerning the assessment of aids . . . we shall cause to be summoned the archbishops, bishops, abbots, earls and greater barons of the realm, singly by our letters. And further- more, "we shall cause to be summoned generally ... all others who hold of us in chief, for a certain day . . . and to a certain place ; and in all letters of such summons we will declare the cause of such summons. By these provisions the taxing power was placed in *ScutAGE: Tax imposed instead of military service. t.A.iD: Feudal tax paid by the vassal to his lord. SOURCE OF AMERICAN INSTITUTIONS 21 the people, and definite means were prescribed for its exercise. Personal Rights. — No freeman shall be taken or imprisoned or disseised* or outlawed, or banished, or anyways destroyed, nor will we pass upon him, nor will we send upon him, unless by the lawful judgment of his peersf or by the law of the land. We will sell to no man, we will not deny to any man, either justice or right. A freeman shall not be amerced| for a small offense, but only according to the degree of the offense ; and for a great crime ac- coi'ding to the heinousness of it. ^o These provisions were to protect the subject in his per- sonal freedom by guaranteeing that punishments should be proportionate to the enormity of the crime. Property Rights.— Neither shall we nor our bailiffs take any man's timber for our castles or other uses, unless by the consent of the owner of the timber. This provision was intended to protect the subject in his property, and is so manifestly just that it has continued in force to the present day. House of Commons. — The next development in popu- lar government was the establishment of the House of Commons, which, like Magna Charta, was the result of a conflict between the king and the barons, in which the latter were successful. Henry III. and his son havinpr been taken prisoners, the government passed temporarily into the hands of Simon de Montfort, the leader of the rebels, who, to strengthen himself, summoned a parlia- *Disseised: Ijnlawfvilly deprived of property. f Peers: Equals, of the same rank. IAmerced; Punished at the discretion of a court. 22 RISE OF AMERICAN INSTITUTIONS ment (1265), in which ho gave seats not only to those entitled to them under Magna Charta, but also to Uvo representatives from each town or borough. This was the first House of Commons, the representative body of the common people. The example thus set was not im- mediately followed. But in 1295 Edward I,, in order to obtain supplies for wars in France and Scotland, sum- moned a parliament, to which he called " two burghers from every city, borough and liege-town to sit with the nobles and barons," stating in the summons that " what concerns all should be approved by all. " This was the permanent establishment of the House of Commons. Rights of Colonists in America. — -These were the gov- ernmental rights to which Englishmen "were entitled at the time of the colonization of America, and to these rights, as also to those subsequently granted, the settlers in America became entitled as fully as the inhabitants of London or other English towns. For in the charter under which the Plymouth and London Companies were organized the king stated that the colonists and their descendants should have and enjoy all libei-ties, franchises and immunities of free denizens and natural subjects, within any of our otlier domin- ions, to all intents and purposes as if they had been abiding and born within this our realm of England, or in any other of our dominions. Habe as Corpus Act. — Of the rights subsequently granted, but two will be noticed. First, the Habeas Corpus Act. From the time of Magna Charta it had been a principle of law that a prisoner could demand from a court an order, or zorit, compelling his jailer to produce him before SOURCE OF AMERICAN INSTITUTIONS 23 the court for the purpose of determining whether he was legally imprisoned. This did not apply in cases of arrest by the Koyal Council, and as a result many persons had been illegally and arbitrarily imprisoned. To check this abuse, Parliament, in 1679, passed the Habeas Corpus Act, by which it was provided that no judge should re- fuse the writ to any prisoner, or to order his release from confinement if such confinement was illegal. ^111 of Rights. — The other important measure is the Bill of Rights. When James II. was deposed, and "Wil- liam and Mary were called to the throne, there was annexed to the Act, which determined the future succes- sion, a statement of rights which definitely fixed the limits of royal power and stated the principles of English con- stitutional government. After a recital of complaints the Bill continues: That the pretended power of suspending of laws, or the execu- tion of laws by regal authority, without consent of parliament, is illegal. That it is the right of the subject to petition the king; and all commitments and prosecutions for such petitioning are illegal. That the raising or keeping a standing army within tlie king- dom in time of peace, unless it be with the consent of parliament, is against law. That the freedom of speech and debates or proceedings in par- liament ought not to be impeached or questioned in any court or place out of parliament. That excessive bail ought not to be i-cquired, nor excessive fines imposed, nor cruel and unusual i)unishments inflicted. 24 RISE OF AMEEICAN INSTITUTIONS DATES OF PRINCIPAL EVENTS IN RISE OF AMERICAN INSTITUTIONS. 449-435 Conquest of Britain by the Saxons and Angles. 1030-63 Laws of Edward the Confessor, 1066 Norman Invasion of England. IIOI Charter of Liberties. 1215 Magna Charta. 1263 First House of Commons. 1295 House of Commons made Permanent. 1297 Confirmation of the Charter by Edward I. 1606 Charter of the Plymouth and London Companies. 1679 The Habeas Corpus Act. 1689 Bill of Rights. CHAPTER II. GROWTH OF AMERICAN INDEPENDENCE. Cause of American Revolution. — The American Revo- lution is traceabl e to one cause^ jjie yioliition of- the rights and libertieS-.J3f_JEn^lishm^^ by and guaranteed to the colonists. Until the cession of Canada to England the colonists had been allowed to exercise all the rio-hts of Enolishmen, for the menace of the Erench on the north and west was sufficient to warn the British ministry that any trouble or irritation would weaken its power in the New World. But with the fall of Quebec three measures were proposed which Avere intended to give the British Government more complete control over the colonists. These were the enforcement of the Acts of Trade, the taxation of the colonies and the quartering of troops in America. Acts of Trade ; V/rits of Assistance. — The Acts of Trade were statutes which, first enacted during the reign of Richard II., had been so extended that at this time they practically prohibited the colonists from exporting their produce in any other than Englisli ships, from importing goods from any otlier than Englisli ports, or from manu- facturing goods which could be made in England. While the original purpose of these measures Avas to destroy the Dutch trade with the colonists, it had developed into a 26 RISE or AMERICAN INSTITUTIONS scheme to make of the colonies sources of supply for the markets of England and consumers of her products; and the colonists, appreciating this, continued their foreign trade by smuggling. To detect and punish smugglers, recourse was had to Writs of Assistance, which were warrants issued by a court empowering officers to enter and search any prem ises for the purpose of finding smuggled goods. This action of the Government produced violent opposition throughout the colonies. James Otis declared that it was an invasion of private lil^erty such as had " cost one king of England his head and another his throne. " He argued that the colonists were not bound to obey laws in the making of which they had no voice, and that the forcing of the colonists to pay exorbitant duties upon goods not imported from England was " taxation by a foreign legislature without our consent." Quartering of Troops ; Stamp Act . — The excitement over the Writs of Assistance had not ceased before the min- istry determined to station permanently in the colonies a force of ten thousand soldiers to aid the colonial gov- ernors in the enforcement of the laws. For the purpose of partially defraying the expense of these garrisons it was further proposed to levy a tax in the form of a stam]3 duty, and in 1Y65 the Stamp Act was passed. Its enact- ment was the signal for violent popular demonstrations in the colonies, and as a result a congress of delegates from Massachusetts, South Carolina, Pennsylvania, Rhode Island, Connecticut, Delaware, Maryland, New Jersey and New York met at the city of New York, October 7, 1765. This meeting, known as the " Stamp Act Con- GROWTH OF AMERICAN INDEPENDENCE 27 gress," * lasted two weeks. It drew up a Petition to tiie Englisli people, and a Declaration of lliglits and Griev- ances, in which were set forth the rights of the colonists to the liberties of Englishmen, among which Avas the right to tax themselves ; it complained of the Stamp Act and asked for a repeal of the Acts of Trade. But there was no suggestion of revolution. The determination of the colonists to protect their rights, and the support of a strong party in Parliament, compelled the repeal of the Stamp Act in 1766, but the obnoxious principle under- lying it was preserved; for with the Act of Repeal was passed the '' Declaratory Act," whereby it was asserted that the colonies Avere subordinate unto and dependent upon the Imperial Crown and ParHament of Great Britain, and tliat ParHament hatli, and of right ought to have, full power to make laws and statutes of suf- ficient force and validity to l)ind the colonies and people of America, subjects to the crown of Great Britain, in ail cases whatsoever. Townshend Acts of 1767 — It was not long before the threat implied in this declaration was carried out. In 1767 Townshend, Chancellor of the Exchequer, who was opposed to a conciliatory policy, obtained the passage of Acts which placed duties on wine, oil, fruit, glass, paper * Tlicrc had been prior meetings for common purposes. In 1643 Massachusetts Bay, Connecticut, Plymouth and New Haven had joined under tlie name of the ''United Colonics of New Enghind " in "a firm and perpetual league of fricnilsliip and aniiiy for offense and defense . . ." Again, during the French and Indian War, representatives from the New England Colnnios, and from Xew York, Pennsylvania and Maryland met at New York to devise plans of union and defense. 28 RISE OF AMERICAN INSTITUTIONS lead and teas, and at the same time revived the Writs of Assistance. These enactments met with the same recep- tion as the Stamp Act. The colonists recognized in them the hateful principle of taxation without representation. The Yirginia Assembly declared the tax illegal and pro- tested against its enforcement, and later adopted a pledge not to buy any of the goods upon Avliich such taxes were levied. Similar action was taken in several other col- onies. Coercive Action of British Government.— The king, en- raged by the temper of these petitions and resolutions, declared the originators to be rebellious and guilty of treason, and measures were adopted to repress the expres- sion of sucli sentiments. The colonial governors were directed to prevent public assemblies, and troops were sent to Boston and JSTew York. The danger of this policy was, however, felt in England, and at length, in April, 1770, Parliament repealed the provisions of the Town- shend Acts, except such as related to the duty on tea, which was made so low as to render smuggling unprofit- able. Committees of Correspondence. — Meanwhile the agita- tion continued, and open conflict seemed unavoidable. Samuel Adams, who saw the probability of war, intro- duced into the Boston town meeting in November, 1772, a resolution that ' ' a committee of correspondence be ap- pointed to state the rights of the colonists . . . and also request of each town a free communication of their senti- ment on this subject." The idea was received every- Avhere with favor. Similar committees were selected in other colonies, who spread the doctrine of liberty among GEOWTH OF AMERICAN INDEPENDENCE 29 the people and formed an incipient union by constant intercourse upon all matters of public interest. The Tea Agitation. — Still the ministry was blind to the dangers, and upon the demands of the East India Com- pany determined to enforce the tea tax. For this pur- pose, in the fall of 1773, cargoes of tea were shipped to New York, Boston, Philadelphia and Charleston. At Philadelphia and Charleston the cargoes were either returned or stored in damp cellars. At Boston, on the night of December IG, X773, the ship was boarded, the cargo broken open and the tea emptied into the harbor. This was called the "B oston Tea Part y." At Kew York a similar demonstration was made by the " Sons of Liberty." Retaliation by Great Britain. — Retaliatory measures were at once taken by Parliament. The principal ones were aimed at Massachusetts, which, possessing a charter gov- ernment, was deemed by the ministry as being most hostile to British interests. These closed the port of Boston, annulled the charter of the colony and placed the government in the hands of a governor and a council selected by him, and provided for the further quartering of troops in Boston. Another Act provided for the trial in England of all soldiers, magistrates or revenue officers char2:ed with murder. First Continental Congress. — In view of the dangers threatened by such enactments the lower house of the Massachusetts legislature called upon the other colonies to join in a congress to meet at Philadelphia, and in re- sponse to the call delegates from the different colonies met, September 5, 1774, in what is known as the " First 30 RISE OF AMEEICAN INSTITUTIONS Continental Congress." Among the delegates were Samuel and John Adams, John Jay, Patrick Henry and George Washington. They adopted a Declaration of Eights, and prepared a Petition to the king, praying for a redress of wrongs. They also presented an address to the same effect to the people of Great Britain, united in a pledge to import no goods from England or her col- onies, provided for a second Continental Congress and adjourned October 26, 1T74. Second Continental Congress. — These measures, how- ever, failed of their purpose, and the colonists determined upon armed resistance. April 19, 1775, the first engage- ment was had at Lexington, and the news of it was the signal for a general uprising. May 10, 1775, the British garrison at Ticonderoga surrendered to Ethan Allen, and the same day the Second Continental Congress assembled at Philadelphia. On June 7, 1776, Richard Henry Lee of Virginia introduced into the Congress the following resolution: " Resolved — That these United Colonies are, and of right ought to be, free and independent States ; that they are absolved from all allegiance to the British Crown ; and that all political connection between them and the state of Great Britain is, and ought to be, totally dissolved." On Juno 11, 1776, Thomas Jefferson, John Adams, Benjamin Franklin, Roger Sherman and Robert R. Livingston were appointed a committee to prepare a suitable declaration of grievances and a statement of the attitude of the colonies. This committee made its report July 1st. The next day the Lee resolution was passed, and on the Fourth of July the Declaration of Indepen- dence was adopted. GROWTH OF AMERICAN INDEPENDENCE 31 Declaration of Independence. — Thus the separation of the colonies from England was made complete. An ex- amination of the Declaration of Independence discloses no new governmental principles. (See Appendix I.) It is a simple statement of the inherent rights of the people, which they had never surrendered, together with a plain narration of the wrongs which had compelled their act. It is a concise exposition of the true principles of govern- ment, and has been through the existence of the Union a great and powerful factor in the maintenance of a pure national life. DATES OF PRINCIPAL EVENTS IN THE GROWTH OF AMERICAN INDEPENDENCE. 1645-63 Navigation Acts. 1760 George III. crowned. 1761-64 Writs of Assistance. 1763 Peace of Paris. 1765 Stamp Act. 1765 Act for the Quartering of Troops. 1765 Colonial Congress. 1766 Repeal of Stamp Act. 1766 Declaratory Act. 1767 Townshcud Revenue Acts. 1770 (March 5) Boston Massacre. 1770 Repeal of Townshend Duties, except on Tea, 177 3 (December 16) Boston Tea Party ^^ 1774 (September 5) First Continental Congress. 1775 (Apinl 19) Battle of Lexington. 1775 (May 10) Second Continental Congress. 1776 (July 4) Declaration of Independence. CHAPTER HI. THE REVOLUTIONARY GOVERNMENT. May 10, 1775, to March 1, 1781. The Revolutionary Government of Congress. — A revolu- tionary government is one formed to carry out the will of those who claim the sovereignt}" of a nation in oppo- sition to those who possess it. Such a government usually assumes an authority not delegated to it, but acts in the interests of those whom it represents, as necessity re- quires. This was the character of the government estab- lished by the Second Continental Congress. Its sole ob- ject w^as resistance to the tyrannical measures of the British Crown. To accomplish this, it created commit- tees upon military and Indian affairs and foreign relations, established a general treasury, appointed "Washington commander-in-chief of the Continental Army, recom- mended to the colonial governments a uniform system of militia and provided for a continental postal service. To furnish revenue, paper mone}^, known as " Continental Currency," was issujsd; for the large sums necessary to carry on the war could not be borrowed at home and a foreign loan had not as yet been proposed. Articles of Confederation.— But the Congress saw that its government w^as revolutionary and inadequate to meet the obligations which belong to sovereign states. There- THE EEVOLUTIONARY GOVERNMENT 33 fore, on the same day that the committee was appointed to draft the Declaration of Independence, another was selected, with Samuel Adams as its chairman, " to pre- pare and digest the form of a confederation to be entered into between these colonies. ' ' This committee made its report on July 12, 1TT6, but it was not until jSTovem- ber, lYTT, that a form of government was agreed upon. Further delay was occasioned by the examination of the proposed plan by the state governments, and it was not until July 9, 1778, that the Articles of Confeder- ation were formally adopted. Then they were signed by the delegates of eight States — New Hampshire, Rhode Island, Massachusetts, Connecticut, Pennsylvania, jSTew York, Virginia and South Carolina. The North Caro- lina delegates signed on the 21st, and three days later, those from Georgia. New Jersey ratified November 26, 1778 ; Delaware, May 5, 1779 ; and Mar^dand, March 1, 1781. Land Claims Delay Ratification. — The cause of the de- lay on the part of Ne\v Jersey, Delaware and Maryland grew out of a state of alTairs which became of the great- est moment to the future history of government in the United States. Along the western frontier of the States lay great tracts of unoccupied lands. On the separation of the colonies from England, the States whose charters had extended their territory indefinitely west claimed, as the successor of the British Crown, the sovereignty of these vacant lands as far as the Mississippi River. Against these claims Maryland in particular vigorously protested, refusing to enter the Confederacy unless the sovereignty over these lands was made general, and de- 34 RISE OF AMERICAN INSTITUTIONS daring tliat if independence was secured it would be "by the efforts of all the States, and, therefore, this territory should become the common property of the Confederacy. New York's Action. — Affairs were in this condition when New York, in September, 1780, ceded to the Con- federacy all its claims to the lands lying westward of its present boundary. Induced by the sacrifice of New York, and fearing that England would be encouraged by the apparent dissensions among the States, the Maryland Legislature ratified the Articles in January, 1781, and in the same month Virginia ceded to the Confederacy all her claims to any part of the lands which are knoAvn as " The North-West Territory." The formal act of sub- scribing to the Articles by the Maryland delegates in Congress occurred March 1, 1781, and the following day the Congress assembled under tlie Confederation. DATES OF PRINCIPAL EVENTS RELATING TO ARTICLES OF CONFEDERATION. 1776 June 11, Committee appointed on Plan of Government. July 12, First Report of Committee. Aug. 20, Second Report of Committee. 1777 Nov. 17, Circular Letter sent to States. 1778 July 9, Articles of Confederation signed by New Hamp- shire, Rhode Island, Massachusetts, Connecti- cut, Pennsylvania, New York, Virginia and South Carolina. July 21, Articles signed by North Carolina. July 24, " " " Georgia. Nov. 26, " " " New Jersey. 1779 May 5, " " " Delaware. 1781 March 1, " " " Maryland. March 2, Congress meets under Articles. CHAPTER lY. OUTLINE OF THE ARTICLES OF CONFEDERATION. 1. Form and Purposes of the Union. — The form of the union was a confederacy, in which each State retained its sovereignty and every power not expressly delegated to the United States. The purposes of the Union were the common defense, the security of liberty and mutual and general welfare. 2. The System of Government Established. — All the functions of government were to be exercised by a Con- gress of delegates, each State being represented by not more than seven or less than two (delegates) appointed annually; but in the proceedings of the Congress each State could cast only one vote, regardless of the nund^er of its delegates. There was no provision for executive and judicial branches apart from the legislative. During a recess of Congress, which could not exceed six months, "The Committee of the States," consisting of one delegate from each State, was empowered to exer- cise certain of the powers of Congress, but no power which required the assent of nine States could be so exercised. 3. The Powers of the Government. — The most impor- tant legislative powers were to declare war, appropriate money, borrow money and issue bills of credit, agree on 36 RISE OF AMERICAN INSTITUTIONS the number of land forces and make requisition upon each State for its proportion, determine the number of naval forces, and build and equip a navy. These powers could only be exercised by the assent of nine States. Besides the foregoing, the Congress, l^y a majority of the States, could make peace, establish rules concerning captures on land and sea, regulate coinage, fix a standard of Aveights and measures, make rules for the government of the army and navy, ascertain the money necessary for public ex- penses and apportion among the States the amounts which they must pay into the common treasury. The most important executive powers of Congress were to appoint a commander-in-chief of the army and to enter into treaties with foreign nations, provided no treaty of conmierce should interfere Avith the right of each State to fix duties and imposts ; and to exercise these powers the assent of nine States was required. Congress could also, by a majority of the States, send and receive am- bassadors, establish post-offices and exact postage, ap- point civil officers and officers of the army and navy except regimental officers, direct the operations of the army and navy, and organize and conduct the common treasury of the Confederacy. The powers of the Congress relating to judicial matters were limited to the establishment of courts for the trial of piracy and felonies committed upon the high seas and to the determination of questions of boundary and juris- diction between two or more States. 4. Restrictions upon the Government. — Besides the limi- tation of the government to those powers conferred upon it by the Articles, Congress was prohibited from granting OUTLINE OF ARTICLES OF CONFEDERATION 37 any titles of nobility, and its officers were forbidden to receive a reward, office or title from a foreign ruler or state. 5. The Restrictions upon and Requirements of the States. — Without the consent of the United States no State could send or receive ambassadors or enter into any agreement or treaty with a foreign state, lay any imposts or duties Avhich would interfere with any treaty previ- ously made by the United States, have land or naval forces in time of peace, engage in war unless actually in- vaded or to prevent an Indian outln-eak, and grant letters of marque and reprisal except after a declaration of war by the United States or when a State was infested by pirates. Each State was required to grant to the people of every other State the same privileges as those possessed by its OAvn, to surrender fugitives from justice upon proper re- quisition, to give full faith and credit to the records, acts and judicial proceedings of the other States, to levy and collect the taxes apportioned to it by the Congress for the purposes of the union and pay the same into the common treasury. 6. Other Provisions. — The Articles also provided for the admission of Canada into the Union, pledged the public faith to the payment of money borrowed and debts contracted by the revolutionary government, declared that the union so formed should be perpetual and that the Articles coidd only be amended by an agreement of the Congress and the confirmation of the amendment by the legislature of every State. 4:ti341:r 38 EISE OF AMERICAN INSTITUTIONS Legislative Executive Judicial ANALYSIS OF ARTICLES OF CONFEDERATION. Powers of Congress requiring the assent of 9 States, and which could not he exercised by the Committee of States. Declare war. Appropriate | ^ Borrow J Organize army and navy. Make treaties. Appoint commander-in-chief. r Organize admiralty courts. 1 Determine boundaries between States. yov/ers of Congress requiring the assent of 7 States, which coidd be exercised by Committee of States when Con- gress was not in session. Legislative \ Executive Make peace. Make rules as to captures. Regulate coinage, weights and measures. Pass military laws. Estimate expenses. Determine method of land valuation. Send and receive ambassadors. Control the postal service. Appoint otficers of the army ai.d navy. Direct military operations. Conduct the common treasury. Restrictions Limitations on States. Send or receive embassies. Make treaties. Lay imposts or duties contrary to treaty. Have an army in times of peace. Engage in war. Grant letters of marque in times of peace. Grant equal rights to citizens of other States. Surrender fugitives of justice from other States Requirements -i Recognize records of other States. Keep a disciplined militia. Levy and collect proportion of taxes. CHAPTER Y. ■ THE GOVERNMENT UNDER THE ARTICLES OF CONFEDERATION. March 2, 1781, to March 4, 1789. Condition at Close of War. — The independence of America having been recognized in 1783, the inefficiency of the government became evident to the statesmen of the Confederacy. The greatest weakness lay in the fact that the functions of government were not performed by separate branches, Ijut were all vested in the Congress, which, while it possessed sufficient legislative powers, had not the executive power to put them into effect. It could declare war, but possessed no means to carry it on ; it could make peace, but could not compel the States to comply with the terms ; it could appropriate money, but had no power to levy and collect taxes ; and, finally, there was no provision for the control of the " Xorth- West Territory " or for the regulation of commerce. Attempts to Correct Articles.— Ini mediately upon the termination of the war, attempts were made to rectify the faults of the Articles; but these were futile, as each State turned to the advancement of its local interests and opposed any agreement to surrender, for the benefit of all, any rights which it possessed. The Confederacy was gradually disintegrating — the States drawing apart from 40 RISE OF AMERICAN INSTITUTIONS each other. There were rumors of a division into two or more confederacies, and even a monarchy was suggested. The Public Lands.— One thing, however, tended to hold tlie Union together — the ownership of the public lands. Any State withdrawing from the Confederacy would lose its interest in the Western Territor}", whose great resources were then beginning to be realized. Besides this, Con- gress in its struggle to maintain the credit of the nation had sold portions of this land to meet the public debt. Commerce. — The recognized necessity of uniform com' mercial relations was, however, the immediate cause of the strengthening of the union. The lack of power in Congress to regulate trade had left the States to act sepa- rately in this important matter. The result was a great variance in the laws, and commerce became so demoral- ized that the Virginia Legislature called upon the other States to send delegates to a convention at Annapolis in September, 1786, to see if some plan could not be devised for the establishment of a uniform system of trade regu- lations among all the States. Annapolis Convention. — At the convention which met in response to this appeal, delegates from only five States were in attendance, and the object for which it was called was not attained. But the discussions which were held disclosed the fact that the weakness of the government was generally recognized, and led to a resolution sug- gesting a convention of delegates from all the States " to devise such further provisions as might appear necessary to render the constitution of the Federal Government adequate to the exigencies of the Union." Constitutional Convention. — After considerable dela}^ GOVERNMENT OF THE CONFEDERACY 41 Co ngress a dopted tlie suggestion and issued a call to the States to send delegates to a convention to meet at Phila- delphia, May 14, ITSj]. It was not, however, until the end of May that the convention was formally opened, but from that time the delegates from the twelve States represented (Rhode Island having failed to send a delega- tion) were in continuous session until September 17, 1787, when they completed the scheme of government which is known as the Constitution of the United States. CHAPTER YI. THE STATE GOVERNMENTS. Colonial Governments; Provincial. — Colonial govern- ments are usually divided into three classes: Provincial (Royal or Crown), Proprietary and Charter. ' New Hamp- shire, New York, Ne w Jersey. Y irginia , the Carolina s and Georgia had Provincial Governments. They possessed no charters or grants, but were under the control of royal governors, whose only limitations were their commissions and the w^ill of the crown, who appointed and removed them at pleasure. There was also a council appointed by the crown or governor, which aided the governor in his duties and formed the upper house of the colonial legis- lature. The governor w^as also authorized to summon an assembly, chosen by the people of the colony, which formed the lower house of the legislature. These two legislative houses had the right to make laws concerning local matters, but their acts could be vetoed by the gov- ernor and annulled by the crown. The governor, as the royal representative, possessed exceptional powers. He could remove members of the council and prorogue, or dissolve, the assembly and order another election. Proprietary, — Mar yland, Pen nsylvani a and Delaware had Proprietary Governments ; that is, the rights of local government Avere granted by the crown to a certain indi- THE STATE GOVERNMENTS 43 vidual termed the " proprietary "or " lord proprietary." The form of government was similar to that of the royal colonies. The proprietary either appointed a governor or acted in that capacity himself, selected a council and authorized the assembling of representatives for local leg- islation. In Maryland the acts of the proprietary gov- ernment were not subject to royal approval ; but over those of Pennsylvania and Delaware the crown possessed a veto power. Charter. — The Charter Governments comprise d Massa- chusetts, Connectic ut an d Ehode Island. The charters, which were granted by the crown, were, in fact, Avritten constitutions, which the sovereign Avas bound to respect, and established a form of government similar in many respects to the two classes already described. In Massa- chusetts the governor was appointed by the croAvn, but the people were represented by an assembly chosen by them, and their representatives had the privilege of selecting the governor's council. The people of Con- necticut and Rhode Island possessed the same rights as those of Massachusetts, with the further privilege of elect- ing their own governors. In fact, thev were true repub- lics, with Avhose local government the English sovereign could not legally interfere. Change to State Governments. — With tlie opening of the War for Independence all the colonies except Rhode Island and Connecticut organized provisional govern- ments similar to those with which thev were familiar, substituting elections by the people in place of appoint- ments by the crown or the lord proprietar3\ Character of the New Governments. — As a consequence 44 RISE OF AMERICAN INSTITUTIONS 4 of the hatred which had been engendered against the royal governors during the period immediately preceding the Avar, the powers of the chief executive in the new governments were much more limited than under the colonial governments. There was such strong opposition to the idea of a single executive that at first in Pennsyl- vania, Delaware, ]^ew Hampshire and Massachusetts a council was substituted in place of a governor, and it was not until 1792 that Delaware recognized that a governor elected by the people was not a menace to liberty. The assembly of representatives, chosen by the people, which was found in every colony, was retained without change, as it was clearly republican in character. The governor's council became the senate, elected by the people or by their representatives, but to which no one could be chosen unless he possessed certain qualifications. At first, in Pennsylvania and Georgia the entire legislative power Avas vested in the assembly, but later these States adopted the dual form of legislature. The English System the Model. — These State govern- ments were in their general form modeled after the Eng- lish system, as it Avas understood by the colonists. Tlie governor resembled the English ruler. The ujjper house of the legislature, like the House of Lords, Avas supposed to represent the land OAvners and Avealthy colonists, as the " Lords " represented the English nobility. The loAA^er house, like the Llouse of Commons, Avas composed of representatives of all classes, Avithout distinction as to rank or social position. There Avas this difference, hoAV- ever, betAveen the two systems. In England the King and the " Lords " Avere hereditary, and the " Commons " THE STATE GOVERNMENTS 45 only were chosen by the people, while in the States all officers Avere selected by popular vote ; in England the sovereififntv was in the monarch, while in America it was in the people. ANALYSIS OF COLONIAL GOVERNMENTS. Provincial (New Hampsliii^e, New York, New Jersey, Virginia, the Carolinas and Georgia). r Crown Council appointed by < or I Governor. Assembly chosen by Colonists. Veto by Governor. . Veto by Crown. Executive : Governor appointed by the Crown. Judicial : Judges appointed by the Crown. Legislative Proprietary (Maryland, Pennsylvania and Delaware). r Council appointed by Lord Proprietary. Legislative I Assembly chosen by Colonists. I Veto by Governor and in some cases by Crown r Lord Proprietaiy Executive I or I Governor appointed by Lord Proprietarj-- Judicial : Judges appointed by Lord Proprietary. Ciiarter (Massachusetts, Connecticut and Rhode Island). r Council selected by Representatives. Legislative \ Assembly chosen by Colonists. • — ■ I Veto by Governor. r Appointed by Crown Executive : Governor \ or ^ . I Selected by Colonists. [- Appointed by Crown Judicial : ' Judges I or '. Selected by Colonists. CHAPTEE YII. THE CONSTITUTIONAL CONVENTION. Prominent Delegates. — Of the fifty-five delegates who took part in tlie Constitutional Convention, three are particularly worthy of mention. These are Georo:e Wash- ington, Ja mes Ma dison and Alexander H amilton . Washington. — On the organization of the Convention, "Washington was unanimously chosen president. His difficulties as commander-in-chief and the progress of events since 1783 had convinced him that some decisive action was necessary to preserve the Union. His views as to the necessary steps were general ; he left the detail to others. But he possessed a profound comprehension in applying governmental principles to present needs, while his experience daring the war had broadened his views, so that they were national rather than local. In fact, he seemed to belong to all the States, and not to Yirginia alone, and throughout the deliberations at Phila- delphia he sought the general good rather than the ad- vancement of the interests of his own State. Madison. — The most active delegate was James Madison, then thirty-six years of age. He had served his State in Congress and had been prominent in the legislature. It was Madison who conceived the idea that distinct national and state sovereignties might exist in one system of gov- THE CONSTITUTIONAL CONVENTION 47 ernment and be applied to the same individuals ; and it was his draft of a scheme of government, known as the ' ' Yir- ginia Plan," which became the basis for our present Con- stitution. During the sessions Madison not only spoke on every important question, but kept full notes, which are our chief source of knowledge of the proceedings of the Convention. Hamilton. — ^Equally prominent with Madison w^as Alex- ander Hamilton, then thirty years old. He had been a member of Congress and a delegate to the Annapolis Convention. His influence upon the Convention was marked, for it was through his efforts that the national government obtained a large part of the power with which it was clothed by the Constitution. His strength lay in his great knowledge of the principles of govern- ment, his power to apply them, and his ability to present his opinions in a clear and convincing manner. Franklin. — Of almost equal influence was Benjamin Franklin, then in his eighty-second year. His knoAvl- edge of public affairs extended over half a century, and he had represented the colonies and States in foreign countries for twenty-five years. This experience gave to his utterances a weight which their brevity and common- sense enhanced. He was the peacemaker of the Conven- tion. When debates became bitter or too personal, it was Franklin who by his wit and tact restored the dele- gates to good humor. AYhen the Constitution was drafted in its final form, it was Franklin who moved its adoption, using in part the following words, which breathe the loftiest patriotism : The opinion I have had of its errors, I sacrifice to the public 48 RISE OF AMERICAN INSTITUTIONS good. Within these walls they were born, and here they shall die. If every one of us, in returning to our constituents, were to report the objections he had to it . . . we might prevent its benig generally received, and thereby lose all tlie salutary effects and great advantages i*esulting naturally in our favor among foreign nations as well as among ourselves from our real or apparent unanimity. ... I hope, therefore, that for our own sakes as a part of the people, and for the sake of posteritj', we shall act heartily and unanimously in recommending this Con- stitution . . . wherever our influence may extend, and turn our future thoughts and endeavors to the means of having it well administered. Other Statesmen Present. — Among the other prominent delegates was James Wilson of Pennsylvania, a signer of the Declaration of Independence and the great apostle of representative government. He was one of the leading American lawyers of his day, and his speeches in favor of the Constitution present the advantages of popular representation in the strongest light. There were also present Gouverneur Morris, to whose pen we are indebted for the clear and concise style of the Constitution, Charles Cotesworth Pinckney of South Carolina, Rufus King and Elbridge Gerry of Massachusetts, and Roger Sherman of Connecticut. Statesmen Absent. — Conspicuously absent from the Con- vention were Thomas Jefferson, at that time representing the Confederacy in Europe, and John Jay, then Secre- tary of Foreign Affairs. John Hancock and John Adams were not delegates, and Samuel Adams and Patrick Henry were opposed to any change in the existing government. Systems of Government Discussed. — Three forms of re- publican government were discussed in the Convention: namely, the National, which placed the power in the THE CONSTITUTIONAL CONVENTION 49 hands of a central government and substantially did away with State lines except for the purposes of governing ; the Confederate or Federal, which was similar to that instituted by the Articles of Confederation ; and a third form, a compromise between the others, which placed the power in all national matters in a central government, and left the local matters of each State to the exercise of its own sovereignty. Under the latter plan both the general and State governments dealt, in their separate capacities, with the individual. Plans Proposed. — At the very outset, two plans were presented to the Convention. One of these, based upon the national idea, was prepared by Madison, and was known as the " Virginia Plan." The other, based upon the confederate or federal* principle, was the work of Charles Cotes worth Pinckney. On June 13 the com- mittee to which tliese plans had lieen referred reported favorably on tlie "Virginia Plan." Then the ISTew Jersey delegates submitted what is known as the " New Jersey Plan," which proposed a government similar in many respects to that of the Confederacy. The larger States favored the " Virginia Plan," which based a State's representation in the central government upon the number of its inhabitants, and gave the national leg- * Use of the Word " Federal." — With the adoption of the Constitu- tion the word " federal " became generally applied to the system of government thereby established, while the system based upon a league between independent States was termed a "confederacy." Thus the word " fed(>ral " was applied to the party which aimed at the adoption of the Constitution; and during the late civil war the same term was used to designate the Union forces, while the word *' confederate " was applied to the armies of the seceding States. 50 RISE OF AMERICAN INSTITUTIONS islatiife the power of veto over state legislation ; while the smaller States supported the " !New Jersey Plan," which gave to each State an equal voice in the general government. Both plans differed radically from the Articles of Confederation, in that the three branches of government — the executive, legislative and judicial — • which in the Confederacy had all been joined in the Con- gress, were separate and distinct. Virginia Plan Adopted. — The general outline of the " Virginia Plan " was adopted, and the Convention pro- ceeded to take up the different subjects in detail and to harmonize the antagonisms among the various factions. It was during these discussions that the patience and patriotism of the delegates were often taxed to the utmost, and it was only through concessions by all that their labors were in the end successful. Constitution Submitted to the States. — The completed Constitution, a mass of compromises, was then submitted to the States for adoption. Conventions were called and a period of the most intense excitement followed. The work was attacked on all sides. The conservative ele- ment in the different States strenuously opposed the new form of government. They saw the power of the States diminished, and in their stead a central government established, wdiich they believed to be so strong as to endanger state and personal liberty. Objections were made to the Executive, to Senators and Representatives voting as individuals, to an oath of allegiance to the general government, and particularly to the absence of a Bill of Eights. The delegates were also made the object of attacks and their motives were questioned. THE CONSTITUTIONAL CONVENTION 51 " The Federalist." — It was in meeting and answering these objections that Hamilton, assisted by Madison and Jay, was most active, and exerted a powerful influence in obtaining the ratification of the Constitution. Their replies and arguments, published in a series of papers known as " The Federalist," and which is still considered among the most learned and valuable treatises upon the Constitution, silenced all attacks and convinced the peo- ple of the benefits of the proposed change. And after prolonged discussions, and even riots and violence, the conventions met, the work was ratified * and the estab- lished Constitution went into effect March 4, 1789. A list of the delegates is placed in Appendix II. * The States ratified the Constitution in the following order : Delaware, December 7, 1787; Pennsylvania, December 12, 1787; New Jei-sey, December 18, 1787; Georgia, January 2, 1788; Connecticut,. January 9, 1788; Massachusetts, February G, 1788; :Maryland, April 28, 1788; South Carolina, May 23, 1788; New Hampshire, June 21, 1788; Virginia, Juno 26, 1788; New York, July 26, 1788; North Carolina, November 21, 1789, and Khode Island, May 29, 1790. PARt TtHUB. The federal government. chapter i. THE PREAMBLE. Many conflicting opinions exist concerning the sources of American institutions. One extreme view is that of Sir Henry Maine, who says that the " Constitution of the United States is a modified version of the English Con- stitution . . . which was in existence between 1760 and 1787." In other words, American institutions are a mere copy of those of the England of that period. The other extreme is expressed by Mr. Gladstone — that "it is the greatest work ever struck off at any one time by the mind and purpose of man." That is, that the scheme of government as set forth in the Constitution is wholly original and the invention of the members of the Con- stitutional Convention. Each of these views is partially wrong. The Constitution is not a cop}^ nor is it entirely original. The safer statement is that it is the product of the experience and observation of the people in their connection with England, their colonial and state govern- ments, and the Confederacy of 1781. This experience and observation had impressed upon the people the im- portance of a stable union. Its advantages had been THE PREAMBLE 53 seen during the colonial period under the distressing cir- cumstance of French invasion and Indian outbreak. Its necessity had been emphasized during the struggles of the War of Independence. Its weakness had been realized under the loose league of the Confederacy. During the war the purpose to win independence held the States together ; but when this was attained and the danger of foreign aggression had been removed, sectional prejudices and local interest proved stronger than the common tie, and the " league " began to fall apart. The faults of the Confederacy were apparent. Washington called them to the attention of the States ; and Hamilton and others, foreseeing the danger of disintegration, ear- nestly urged the establishment of a stronger government. It was to correct these faults and save the Union that the Constitutional Convention had been called. The problem before the delegates was definite. Their task Avas to de- vise such provisions as should ' ' appear to them necessary to render the . . . T^ederal Government adequate to the exigencies of the Union." AVith the single exception of the experiment of the Confederacy, American experience had been limited to governments which dealt directly with the individual. This was the basis of government in England, the Col- onies and the States, but it was not so in the Confed- eracy. The latter dealt only with States, and the chief cause of its failure had been its inability to control the individual. Fully comprehending this defect, the Convention changed the basis of government and made authority over the individual the fundamental principle. Such a change in the object of governmental influence 54 THE FEDERAL GOVERNMENT necessitated a corresponding change in the source of gov- ernmental authority, for it was a principle of civil liberty, developed through the ages by the constant struggle against arbitrary rule, that governments derive "their just powers from the consent of the governed." This had been the foundation of colonial resistance to the tyrannical acts of the English Ministry, and in the Dec- laration of Independence it had been prominently asserted as a right which authorized the establishment of a new nation. The principle had been recognized in the Con- federation, for the authority of the central government had been granted by the States — the governed. Under the Constitution the governed were no longer the States ; they were the individuals composing the States. " The People of the United States " must, there- fore, be the source of power ; they must be made parties to the agreement before the government could justly ex- ercise authority over them as individuals ; their consent would make possible the remedy which was sought ; and this attained, perfect union was assured. This principle became the controlling idea in the Con- vention. And Avhen by their solemn act the people adopted the Constitution and became parties to the national compact, a government was established which originated, as Daniel Webster declared, " entirely Avith the people and rests on no other foundation than their assent" — a government "of the people, by the people and for the people, ' ' a government of a union which the test of civil war has proved to be indivisible. It is the announcement of this principle and its application which is contained in the Preamble of the Constitution. For it THE PREAMBLE 55 asserts that the fundamental law and the government thereby established are the work of the people, and that the powers conferred were not delegated by sovereign States, but by the individuals of the United States, and it confidently declares the purposes of the governed and the benefits which would result in these memorable words: We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, pro- vide for the common defense, promote the general welfare, and secui'e the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. CHAPTER II. THE LEGISLATIVE BRANCH. /. CONQRESS. The National Legislature. — Among the first decisions reached in the Constitutional Convention was the division of the Government into three branches — the Legislative, Executive, and Judicial — and it was provided that: All J^gislative^ powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate a nd House of Representatives. (Art. I, Sec. 1.) Parliament. — At the time of the Constitutional Conven- tion the English legislature Avas a parliament, consisting of two " houses " : the " Lords " and " Commons. " The House of Lords ^vas composed of men theoretically pos- sessing great ability, deriving their office not from the people, but from birth or appointment by the crown, and having in the main a life tenure. Conservative, digni- fied and removed from popular agitation and influence, it was a preserver of traditions and an opponent to the advancement of democratic principles. The House of Commons was composed of elective representatives, men of the people, chosen for short or uncertain periods, and swayed by the passions of their constituents. Radical, hasty, influenced by popular clamor, it was antagonistic CONGRESS 57 to ancient privileges and the promoter of the growing power of the people. American Legislatures. — In the several States there pre- vailed practically the same system, but under the Con- federation the legislature consisted of a single " house." One of the earliest and bitterest contests of the Conven- tion of 1787 arose out of the discussion as to the form of the national legislature. The Virginia Plan. — The " Yirginia Plan" provided for a legislature consisting of two houses, the members of the lower bod}^ to be elected directly by the people, while those of the upper house were to bo chosen by the lower house from persons nominated by the legislatures of the respective States. The representation in both houses was to be proportionate to population ; and upon all questions the votes of the individual members were to be counted, a practice contrary to that of the Continental Congress and the Congress of the Confederacy. This proposition was opposed by the smaller States, which viewed it as an attempt to give the control of national affairs to the larger States. It was, in fact, a plan to secure represen- tation to the people as individuals and to remedy one of the defects existing under the Articles of Confederation. The New Jersey Plan. — The " New Jersey Plan " pro- posed a continuance of the Congress of the Confederacy. It was intended to preserve the full power and influence of each State, jealous of its own rights and envious of the growing importance of its neighbors. Connecticut Compromise. — It was early decided that there should be two houses. The next point of discussion was the basis of representation, — whether the unit of rep- 58 THE FEDERAL GOVERNMENT resentation should be the State or the individual. A solution was presented by the Connecticut delegates, who were familiar with a legislature of two houses, the mem- bers of which were chosen in different ways. They pro- posed that the members of the lower house should be elected by the people in proportion to the population of the several States — i.e., individual representation ; while in the upper house each State should have an equal num- ber of members — i.e., State representation. This is known as the " Connecticut Compromise." Representation. — It w^as finally provided that : The House of Representatives shall be composed of members chosen every second year by the people of the several States, . . . (Art. I., Sec. 2, CI. 1.) The Senate of the United States shall be composed of two Senators from each State, chosen by the legislatures thereof, for six years ; and each Senator shall have one vote. (Art. I., Sec. 3, CI. 1.) Thus there w^as an apparent copying of the English system in the establishment of a Congress which resem- bled Parliament in having two houses, the members of w^hich differed as to manner of election and term of office, and only one of which houses directly represented and was responsible to the people, as individuals. And yet this copy is not real, for in England the House of Lords represents a class of society, while the Senate represents all the people of the State as a political body. Qualifications of Members. — The framers of the Consti- tution recognized a difference between these two houses, not only in composition, but also in the character of the members. It was expected that the Senate w^ould be the CONGEESS 59 more dignified body, and woidd demand men of greater learning, broader views and more extended experience than those of the lower house. Provision v/as made to meet this expectation by requiring as qualifications that: No person shall be a Senato r who shall not have attained to the age of thirty years, and been iiing^years a citiz^ jg of the United States,"-"^ . (Art. I., Sec. 3, CI. 3.) No person shall be a Re presentative who shall not have attained to the age of t wentv-five veaa -s. and been c^^p^^ yooxg n ritlVifr of the United States, . . . (Art. I., Sec. 2, CI. 2.) It will be observed that in the case of both Senators and Representatives extended citizenship is made a neces- sary qualification, to the end that their interests may be to the fullest degree in sympathy with the welfare of the nation. And to further emphasize this sympath}^, and extend it to the States, it is required that each shall, " Avhen elected, be an inhabitant of that State" in or for " which he shall be chosen." (Art. I., Sec. 2, CI. 2, and Sec. 3, CI. 8.) And further, in order to secure the time and talents of such members to the legislative busi- ness of the government, it is provided that: No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the author- ity of the United States, . . . ; and no person holding- any otiice under the United States shall be a member of eitlier house during his continuance in office. (Art. I., Sec. 6, CI. 2.) This provision prevents the possibility of dishonest practices on the part of officials wdio, as such, might be responsible to themselves as members of Congress, or who in the latter capacity might determine the compensation 60 THE FEDERAL GOVERNMENT which they would receive in the other. Neither can a Senator or Representative be appointed as an Elector for the election of President. (Art. II., Sec. 1, CL 2.) The reason for this provision will be considered under the Executive Branch. Apportionment. — ^The next difference in the Constitu- tional Convention arose over the method of apportioning the Representatives among tlie several States. In this controversy the parties w^ere no longer the large and the small States, but those who favored and those who op- posed slavery. The "Virginia Plan " had provided for representation proportionate to the population of the States, and this was interpreted by the delegates from the States which depended chiefly on slave labor to include slaves as well as freemen. On the other hand, the States whose citizens had few slaves claimed that, inasmuch as slaves were not entitled to any political privileges, such an interpretation was illogical and would give greater political power to the free voter in tlie " slave " State than to his brother in the " free " State — a principle op- posed to \he ideas of civil equality. This question be- came involved with another — the basis of taxation. It is a princi]3le of justice that those who enjoy benefits must bear the attendant burdens. So the " free '' States insisted that taxation and representation should be ap- portioned on the same basis, and that if the slave was to be counted for the purpose of representation, so he must be counted for the purpose of apportioning taxes. This was opposed by the " slave " States, and a crisis was imminent when Madison proposed a solution in the form of a compromise by which it was determined that: CONGRESS 61 Representatives and direct taxes shall be apportioned among the several States . . . according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other persons. (Art. I., Sec. 2, CI. 3.) Ratio. — The first apportionment of such representation was made on the basis of one "R epresenta tive for every tnirty thonsa^cl people {Id.). Thus, if a "free" State ^^ a population of three hundred thousand persons, and a " slave " State a population of two hundred and ten thousand free persons and one hundred and fifty thou- sand slaves, a total population of three hundred and sixty thousand persons, eacl\ State Avould be entitled to ten Kepresentatives and be liable to pay an equal amount of a national tax. Lest any State should be unrepresented by reason of a population of less than the ratio, it was fur- ther provided that '' each State shall have at least one Representative" (Id.). This method of apportioning Kepresentatives and direct taxes continued until after the Civil War, Avhen, in order to complete the work of granting full rights to the freed- men, Amendment XIY. was adopted, the second section of which provides that: Representatives shall be apportioned among the several States according to their respective nmnbcrs, counting the whole num- ber of pei'sons in each State, excluding Indians not taxed. But when the right to vote ... is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, . . . except for participation in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty- one years of age in such State. 62 THE FEDERAL GOVERNMENT Each State, tlierefore, is entitled to representation pro- portionate to the Avhole number of its citizens, and cannot be deprived of such right, save by its own act in unduly restricting political privileges. Increase of Members The Constitution does not fix the number of members in either house, but leaves it sub- ject to change. Such changes have occurred as the coun- try has grown in population, and the ratio of representa- tion has been increased after each national census,* taken in pursuance of the Constitution (Art. I., Sec. 2, CI. 3). until it is now (1902) over one hundred and ninety-four thousand, notwithstanding which the House has grown from a body of sixty-five in tlie First to one of three hun- dred and fifty-seven in tlie Fifty-seventh ; and by the last apportionment (1901) it will have three hundred and eighty-six members In the Fiftj^-eight Congress. A simi- lar growth has also occurred in tlie Senate. Although no change lias been made in a State's representation in the upper house, eacli State admitted to tlie Union has added two members to that body; so that it has increased frcm a membership of twenty-six to ninety. Term of a Congress.— The first Senator elected were, in pursuance of the Constitution (Art. I., Sec. 3, CI. 2), divided into three classes with terms expiring in t\vo, fer and six years_r es]iectively. As a result, one-third of the Senate has to be renewed every two years {Id.). This fact, together with the provision for the election of Eep- resentatives, determines the life of a Congress as two 3^ears. Sessions. — A Cong ress be gins o n the 4th day of March * Taken in 1790, and eaciT tenth year since? " CONGRESS 63 in every odd-numbered year and continues until the sec- ond succeeding 4th day of March. Such " Congress shall assemble at least once m every year" (Art. I., Sec. 4, CI- 2). This meeting is called a session, and the regular date for its commencement is the fi rst Monday in Deccin- ber. A Congress has thus two sessions. The first, called the ''Long Session," commencing on the first Monday in December in an odd-numbered year, continues until the next succeeding spring or summer. The second, or "Short Session," commencing on the first Monday in December in an even-numbered year, continues until the next 4th day of March. As a Kepreseutativc is elected in an even-numbered yea r, it happens that more than a year elapses between his election and the first session of the Congress to which he is elected. But this is not always so. If necessary. Congress can be assembled by the Tresident as soon as it comes into being ; for he can, " on extraordinary occasions, convene " Congress (Art. II. , Sec. 3), so that there may be more than the two regu- lar sessions. This happened in tli ^Fifty-fifth Cong ress, in which there were three sessions. Place of Meeting. — Congress convenes in the Capitol in the City of AVashington, the two houses meeting in rooms in the opposite wings of the building, known as the Senate Chamber and Hall of Kepresentatives. But whenever for any cause it would be dangerous for the members to meet at their usual places, the President is authorized to convene Congress at any other place he may deem proj)er. Change in "House." — It is possible that there may be in each Congress a House of Representatives composed of 64 THE FEDERAL GOVERNMENT members entirely different from those of the preceding Congress. Theore tically, each " House "_isji£w\_ The framers of the Constitution looked upon the House as the direct channel for the expression of the public will. Hence it has often happened that the mem bership of that body has so changed that the majority in one House has been of opposite political faith to that of the preceding one, as the popular mind has been chans^ed bv some crisis. Stability of Se nate. ^ -"With the Senate this is not so. This body i s never 7iew. Only one-third of its members is c hgiio-ed at the same tune, so that it is continuing, two- thirds being composed of men of legislative experience. As a result, the Senate is not materially affected by change in popular sentiment. Characteristics Contrasted. — Thus we may view the two houses of Congress as reflecting the general character of the two houses of Parliament — the one, the House, vigorous, active, progressive, full of popular spirit and often chosen to meet the demands of present conditions ; the other, the Senate, calm, slow and bound by tradi- tion ; the one, a spur and promoter of legislation, the other, a check and curb. 2. SENATORS AND REPRESENTATIVES. Election.— The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each State by the legislature thereof ; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators. (Art. I., Sec. 4, CI. 1.) Under this provision Congress can divide States into SENATORS AND REPRESENTATIVES 65 Co ngressional Districts and take any action relative to IKe election of members except to change the place of electing Senators, or, under Clause 1 of Section 2 of Arti- cle I. , to prescribe the qualifications of electors of Repre- sentatives. Congress has, hoAvever, left these matters almost entirely to the several States, only prescribing a few rules for the purpose of uniformit}^. Senators. — S enators are elected by the legislatures of . the_Siaiea. ^cli election takes place on th e second Tues- day after the organization of the legislature chosen next before the expiration of the preceding senatorial term. In each hous e of the legislature the members present, by a mva voce vote, name a person or persons for Senator , and the name of the person receiving the greatest number of votes is entered upon the journal of that house. At noon on the next dav the members of Ij oth houses meet in a joint session, at which the journals of the two bodies are read, and if the same person received a majority of the votes in both houses he is declared elected Senator. However, if no person receives such majorities, the mem- bers in joint session proceed by a viva voce vote to choose a Senator, a majority of all the members being necessary for an election. If such a majority is not secured at the first session, the two houses meet jointly at noon on each succeeding legislative day and take at least one ballot for Senator until one is elected or the legislature adjourns. If a vacancy in the representation of any State in the Senate occurs bv reason of death or otherwise, such vacancy is filled by the legislature in the same manner as a Senator is regularly elected. But if such vacancy should occur during a recess of the legislature, the gov- 66 THE FEDERAL GOVERNMENT ernorof such State may fill the vacancy by a temporary appointment until a Senator is elected at the next session, of the legislature (Art. I., Sec. 3, CI. 2) ; but the gov- ernor cannot make such an appointment after the legisla- ture has failed to elect. A person so elected or appointed receives from the governor of the State a certificate of his election or appointment directed to the President of the Senate of the United States. Repre sentatives . — The number of Representatives to which each State is entitled is determined by Congress after each decennial census. Congress has fixed the time of their election as the " Tu esday next after the first Monday in !N"o vember J2Jn every even-numbered year. In States entitled to more than one Representative, they are elected by " districts composed of contiguous territory and containing as nearly as possible an equal number of inhabitants," which districts are determined and the boundaries fixed by the legislatures of the States. When, in a reapportionment, a State's representation is increased, the additional Representatives are chosen by vote of the whole State, until the State is redistricted. They are called Representatives or Oorigressmen at Large. Gerrymandering. — This division of a State intoX2o»g¥es=, sional Districts has often led to a political process called ^ ' gerrymandering, ' ' whereby the dominant party in the State has so manipulated the division as to secure to itself the greatest possible number of Representatives. The scheme, though originating in Virginia, is named fiom El br idge G erry, during whose term as Governor of Massa- chusetts, that State was so redistricted that one of the districts resembled a salamander, which a political oppo- SENATORS AND REPRESENTATIVES 67 nent called a " gerrymander." The process consists of uniting hostile sections into one district, or of adding to a district in wliieh the sentiment is evenly divided a sec- tion in which the friendly votes are sufficient to give the control to the dominant party. Residence. — .Vlthough by the Constitution a Represent- ative is only required to be a resident of the State from which he shall be chosen, custom has added that he also reside in the district from which he is elected. This is often criticised for the reason that it limits selection and excludes many persons of preeminent ability because of residence in districts which the opposite political party dominates. It is contrary to the English custom, Avhich permits the election of a member of the House of Com- mons from a political division in which he is neither a resident nor has ])roperty. But the American custom makes the representative of a district acquainted with the needs and wishes of his constituents and guarantees a more general representation by precluding the possibility of all the representatives being chosen from one class or section of a State — a condition contrary to the theory of a republican form of government. Qualifications of Voters. — It is a notable fact that Ile^ rP!^fvnt'Ttivf^s; tiy e the oj iJxJ Benibers of the national g oyemj; ment_ elected directly by the people. For the purposes of their election it is provided that the electors in each State shall have the qualifications requisite for electors of tlie most numerous branch of the State legislature. (Art. I., Sec. 2, CI. 1.) This is a matter beyond the control of Congress and entirely within the power of the States to determine. 68 THE FEDERAL GOVERNMENT Hence the qualifications vary. In some States only males twenty-one years of age possess the electoral privilege. In others it belongs to both males and females. In some there are additional requirements, such as education or property or poll-tax. But whatever such qualifications may be, they must be uniform in their application throughout the State, and the right to vote shall not be denied or abridged ... on account of race, color, or previous condition of servitude. (Amend- ment XV.) Vacancies. — If vacancies occur "^ in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancies ' ' (Art. I. , Sec. 2, CI. 4). The rules governing such election are the same as in the case of an original election. The person so elected serves only during the balance of the unexpired term. All Kepresentatives-elect are given certificates of election under the seal of their State, addressed to the House of Eepresentatives. Delegates. — Besides Senators and Eepresentatives, there is in each Congress one delegate f rom each Territory, wholias " a seat in the House of Eepresentatives, with t he right o l flpbnting, but not of voting." Such dele- gates are there to present to Congress the needs and fur- ther the interests of the Territories which they represent. Review of Elections. — The certificates of election of Senators and Eepresentatives are not absolute guaranties • of seats in Congress. For, if there have been frauds or illegal practices in their election, the house to which they have been chosen has the power, after investigation, to set aside such election ; for : SENATORS AND REPRESENTATIVES 69 Each house shall be tlie jmh^o of the elections, returns and qualifications of its own members, . . . (Art. I., Sec. 5, CI. 1.) Oath. — Before these various Representatives take their seats they are required to take an oatli_ to support the Constitution of the United States (Art. VI., CI. 3). This is administered to Senators by the Presi dent of the Sen- ate, the new Senator being presented for that purpose by the other Senator from his State, called his " colleague," and to Representatives and Delegates by the Speaker of the House of Representatives. The oath is as follows: I [name] do solemnly swear [or affirm] that I will support and defend the Constitution of the United States against all enemies foreign and domestic ; that I will bear true faith and allegiance to the same ; that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully dischai-ge the duties of the office on which I am about to enter. So help me God. The action of former Senators, Representatives and certain federal and state officers in taking up arms against the United States during the Civil "War led to the adoption of Section 3 of Amendment XIY., to give effect to which a further, or " iron-clad," oath was ad- ministered for several years. The provisions of this Amendment have, however, been repealed, and only the regular oath is now required. And " no religious test " or oath can be required from any member of either house of Congress or of any federal or state officer (Art. YI. , CI. 3). Compensation. — Each Senator, Representative and Dele- gate receives as compensation the sum of five thousand 70 THE FEDERAL GOVERNMENT dollars per year, together with a mileage fee of twenty cents per mile in going to and returning from each regular session. The Sj^saJier of the TTous ^ of T^t>p- ^ resen tajjyefr- receives eight thousand dollars per j^ear. In addition to his regular salary each member is allowed a fixed sum for newspapers, stationery, clerk hire and other necessary expenditures. Detention of Members. — The Constitution contains two provisions for the personal protection of Members of Congress. The first is that : They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same ; . . . (Ai^t. I., Sec. 6, CI. 1.) * This is but an enactment of an old English law for the protection of members of Parliament. As early as the reign of Edward I. it was declared unbecoming for a member of the king's council to be "distrained" in time of its session, and in 1433 a statute was passed exacting a penalty from anyone who molested members coming to or returning from Parliament. This section extends to arrests for all civil causes, detention as a witness or sum- mons as a juror, and is not lost by a stoppage on the route for rest or on account of illness. Its object is not merely the protection of the individual member, but is for the convenience of the Government, which should not be deprived of tlie counsel and presence of legislators for any but the most serious reasons. Incidentally, this provision is a safeguard against the passage of noxious legislation * For definitions of Treason, Felony and Breach of the Peace, see pages 158, 215, ORaANIZATION AND METHOD OF WORK Tl by the detention or removal, under legal forms, of men whose presence would nuike such action impossible. Freedom of Debate. — The second provision is that " for any speech or debate in either house, they shall not be questioned in any other place " {Id.). This is also an English principle. In 1621 a statute of the House of Commons declared that : Every member hath freedom from all imprisonment . . . for or concerning any bill, speaking or declaring of any matter or matters touching tlie Parliament or Parliament's business. The same principle was confirmed by the Bill of Rights. This provision makes it possible for a member to criticise any matter or person who may be before Congress, with- out fear of being charged with slander before a court, and is one of the strongest legislative provisions by reason of the perfect freedom which it guarantees. Adjournments Limited. — Having so provided for the protection of the members, it Avas expected that each house would devote its time to the business of the Govern- ment. And, that each branch should have the constant presence of the other, it was provided that : Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. (Art. I., Sec. 5, CI. 4.) 3. ORGANIZATION AND METHOD OF WORK. Presiding Officers.— The Vic e President o f the United States shall be President of the Senate , but shall have no vote, unless they be cqiiaTly'divided! (Art. I., Sec. 3. CI. 4.) " The House of Representatives shall choose their Speaker . . . (Art. L, Sec. 2, CI. 5.) "^ 72 THE FEDERAL GOVERNMENT These provisions present a striking resemblance to the English custom. The presiding officer of the Senate is not a member of the body over which he presides nor is he chosen by that body, but, like the Lord Chancellor, derives his position by virtue of his office. He possesses only the right of a "casting" or deciding vote in the case of a tie — that is, when the votes for and against a question are equal. In the House of I^epresentatives, as in the House of Commons, t he presiding officer is a mem- ber of the body, elected by his fellow-members and known by the name of " Speake jij ' a title derived from that of the person formerly selected b}^ the House of Commons to sign and present its "petitions," as bills were called, or other communications from that body to the king. He is entitled to vote upon all questions before the House. Th e Speak er^^ — These officers are expected to perform only the usual duties of presiding officers, but the Speaker has gradually absorbed powers until he is one of the most im iyrtant office rs o f the Governme nt. He has great influ- ence with the House, and to a large extent controls legislation. He is usually the most capable member of the party in the majority, possessing great experience in legislation, familiarity with parliamentary procedure and knowledge of men and affairs. Other Officers. — Each house possesses the power to choose its other officers (Art. I., Sec. 2, CI. 5 and Sec. 3, CI. 5). Besides the President pro tempore of the Senate (an officer who presides in the absence of the President of that body), the officers in each house are a Clerk, Sergeant-at-Arms, Chaplain, Postmaster, Librarian and ORGANIZATION AND METHOD OF WORK 73 Doorkeeper, each of whom has one or more clerks and none of whom is a member of either body. The Clerk takes charge of the transacted business of his house, keeps the roll of members, preserves the minutes, is the custo- dian of bills and, in a word, has general management of the routine work. The Sergeant-at-Arms is the police oiRcer and messenger of the house. He acts for the body, and disobedience to him is disobedience to. the house. In the House his symbol of office is the "mace," and its appearance in his hands is generally sufficient to quell the greatest disorder and restore quiet. He is also the pa\'master of his house. The Doorkeeper has charge of the rooms in which the sessions are held and the gal- leries where the public assembles to listen to the debates. These officers are usually nominated in a " caucus, ' ' or meeting, of the members of each political j)arty, held before the assembling of Congress, and are then chosen by the votes of the body in open session. Quorum. — i^o business can be transacted in cither house without. the presence of a quorum, which consists of a ma jority of the members elected to that body. (Art. I. , Sec. 5, CI. 1.) But a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each house may provide. {Id.) The object of these provisions is to secure in each body the presence of a sufficient number of its members, so that business may receive proper consideration. It is a recog- nition of the principle that all,j,cta -should be those of the majority. It insures the presence of a quorum by giving T4 THE FEDERAL GOVERNMENT to a few members — in the House fifteen — the power to cause absent members to be arrested and brought before the House by the Sergeant-at-Arms. This is known as a ^ ^Call of the House. " Counting a Quorum. — The necessity of a quorum has often been taken advantage of by members hostile to the dominant party, and oftentimes in the case of a close vote a sufficient number of members have left the room to reduce the number actuall}^ present to less than a quorum. Formerly a quorum was determined by the number of votes cast on a question, and it was possible for members to remain in their seats and not answer as their names were called, thus defeating by silence what they were powerless to defeat by open methods ; for, if less than a quorum responded to the roll-call, the trans- action of business was suspended, although enough mem- bers inight be visibly present to constitute a quormn. This led to the adoption of a rule whereby all members present can be counted whether they vote or not. And a further rule provides that when all such members have been counted, if there is still no quorum, there may be had a " Call of the House," the arrested members being given the right to vote upon the question before the House. Formalities of Organization. — The first meeting of the House is presided over by the Clerk of the previous House, who calls the roll of the members-elect, and, having ascertained the presence of a quorum, directs the election of the Speaker. Oftentimes several ballots have to be taken before an election is secured. As soon as he is elected, the Speaker takes the oath of office, which is OEGANIZATION AND METHOD OF WORK Y5 administered by the Representative longest in continuous service as a member. The roll of the House is then called, and the Speaker adnii nisters the oath of office to t he mem- bers. It is then usual to send a committee to inform the Senate that the House is organized, and to appoint an- other committee, which, in conjunction with a similar one from the Senate, waits upon the President and in- forms him that Congress is ready to receive any communi- cation that he may be pleased to make. Drawing Seats. — At an early time in the session occurs the drawing of seats. These are arranged in semicircu- lar rows facing the Speaker's chair, and are equal to the number of members and delegates. A quantity of small balls is prepared, each having a number corresponding to a number on an alpiiabetical list of the members. These are thoroughly intermixed, and drawn from a box by an attendant, and as each member's number is drawn he selects his seat. The members of the same political party usually sit on the same side of the House, and it is customary to permit the members longest in service to have first choice of seats. While this is going on in the House, a similar action is occurring in the Senate, where the new members are sworn in by the president of the Senate and seats are assigned. Committees. — After the officers of the two houses have been selected, the committees are ai)[)ointed. This is a very important matter, for u])on their Avork depends, to a large extent, the usefulness of Congress. These com- mittees are manv in number and various in size, and are intended to have jurisdiction of all subjects which come before their respective houses. Thus in the House the 76 THE FEDERAL GOVERNMENT Committee on Ways and Means has control of matters relating to revenue and the~T5bnded debt of the United States ; the Committee on A p propriations has charge of matters pertaining to the support of the differen t branches of the Government. There are also committees on For- eign Affairs, the Judiciary, Military Affairs, Banking and 'CurrSTrcy^ TtailWarys — acnd Canals, Territories, Insular ^Affairs, .District of Columbia , Pensions, Post Offices, Coinage, "Weights and Measure s and many others. In \he Senate are the^Finance and Appropriations Commit- tees, corresponding to the Committees on Ways and Means and Appropriations of the House, the Foreign Relations Committee and many others with jurisdictions similar to those of the House. Method of Appointment. — In the Senate these commit- tees are appointed by the body itself, but in the House they are usually appointed by the Speaker. This is a source of great power to him, for he is enabled to exert great influence upon legislation by the selection of men holding views similar to his own for the prominent posi- tions on important committees ; but it is customary to give the oj)posing political party a minority representa- tion on each committee. In each house the member first named on a committee is its chairman, and those of the most important committees possess great control over legislation. Thus the Chairman of the Committee on Ways and Means is, after the Speaker, the most influen- tial member of the House. He is co".sidered the leader of his party on the "floor." He is intrusted not only with the management of the business of his committee, but also with many other matters pertaining to the ORGANIZATION AND METHOD OF WORK Y7 general conduct of work and the control of parliamentary tactics. Work of Committees. — To these committees are referred every measure introduced into either house of Conf^fress. Being small bodies, they are able to give close attention to the questions presented, and by reason of training in special lines ai^ enabled to exercise better judgment than could be done by the members of the house acting as a whole. Thus legislation is expedited, and thousands of useless measures are ' ' killed in committee ' ' — that is, cast aside and not reported. In the exercise of their duties the committees may call in the assistance of experts, may take testimony and compel the attendance of witnesses, and conduct any investigation which the importance of the matter before them may warrant. Upon their report depends largely the action of their house ; for although their decision is not final, yet, in the main, their judg- ment is followed. Rules. — The proceedings in each house are controlled by the rules which it makes for itself (Art. I., Sec. 5, CI. 2). These are practically the same in both bodies, and through tlie experience of years have grown into an intricate system, which not only directs the progress of business, but affects the decorum and conduct of mem- bers {Id.). Method of Legislation. — Tlie progress of a bill, or pror posed draft of a law, through the House is substan- tially as follows: It is introduced by being presented to the Clerk, indorsed with its title and the name of the member introducing it. The Clerk gives it a number, and when reached under the proper order of business it is TS THE FEDERAL GOVERNMENT read the first time. It is then handed to the Speaker, who puts the question whether it shall be read a second time. If it is so decided, the bill goes back to the Clerk to aAvait its second reading. This must regularly be on another day. When it is again read, it is sent to the committee which has charge of its subject. Here it is examined, and with or without amendments is reported to the House. It is then considered in what is called a " Committee of the "Whole " (an informal organization of the whole House for the purpose of ' discussion, over Avhich some member, other than the Speaker, presides), where it ma}^ be debated and further amended. It is then read a third time, and the question is put, "Shall the bill pass?" If it receives a majority vote, it is signed by the Speaker and attested by the Clerk, with a note of the date of its passage. This method, with but slight differences, is pursued in the Senate. A bill, after its title, begins with the following words: " Be it enacted by the Senate and House of Eepresentatives of the United States of America in Congress assembled. That "... Filibustering. — The progress of a bill is not always easy. At every point it may meet opposition. Amendments, delays, all the tricks of parliamentary tactics may be em- ployed to impede it, and oftentimes an " active minority" may be able to defeat the will of the majority. Such methods are called ' ' filibustering. ' ' They are not usually successful, however ; for by the rigorous enforcement of the rules a Speaker is able to guide a measure through the fiercest opposition. Even debate can be cut off in the House by a call for the "previous question," which is undebatable, and being adopted brings up the measure ORGANIZATION AND METHOD OF WORK 79 for immediate vote. In t he Senate there i s no ^vay to stop debate , and it is possible for an opposition to con- sume a whole session in the discussion of a question. This is an instance of ' ' senatorial courtesy, ' ' a sentiment arising from the dignified character of the body, which excludes all limitations upon the official conduct of a Senator and concedes to him freedom in accordance with the dignity of his position. Records of Proceedings. — Pursuant to Article I., Sec- tion 5, Clause 3, a record of the proceedings in each house is kept in a "journal," in which is set forth the roll, bills introduced, motions, resolutions, rulings of the presiding officer, business, and votes taken with the name and vote of each member when required by one-fifth of the mem- bers present. In addition to this record there is published each day during the session a paper called the " Congres- sional EecQ fd, ' ' in which is a verbatim report of the inci- dents of the preceding day. This is distributed according to law among certain officials, Senators and Representa- tives and libraries, and upon payment of a small fee to the public at large. Interaction of Houses. — In its \vork neither house is independent of the other. "While each acts by itself, both must agree in the result, or action fails. Thus, a measure which has passed one house may be rejected by the other, or a bill may be amended in one house after its passage in the other, in which case it must repass the first body in its amended form. Often, for the purpose of hastening important legislation, the same bill is intro- duced simultaneously in both houses, Avhen it is called a " joint bill," a " joint resolution " or a " concurrent reso- 80 THE FEDERAL GOVERNMENT lution." All these possibilities lead to many complica- tions ; and frequent interviews, or, as they are called, ' ' meetings of conference committees, ' ' are held and a compromise effected. Thus each house acts as a check on the other. Thus each, reviewing the work of the other, tends to produce better legislation ; and while there are often delays Avhich are irksome to the public, and while legislation is often produced w^hich falls short of the popular desire, yet the results are generally satisfac- tory and the delays are counterbalanced by freedom from radical measures, a characteristic w^iich has marked our national legislation during more than a hundred years. 4. LEGISLATIVE POWERS. General Limitation. — The fear of a strong central gov- ernment and the desire to retain all possible powers in the several States w^ere marked political characteristics of the people at the time of the Constitutional Convention. During its entire session the local powders of the States were jealously guarded, and only those were granted to the national government wdiich w^ere general in character, and such as could not be properly administered by the States themselves. Even then the people Avere fearful of the new government, and among the early amendments added to the Constitution was one wdiich provided that: The powers not delegated to the United States by the Constitu- tion, nor prohibited by it to the States, are reserved to the States respectively, or to the people. (Amendment X.) ConstitutionaHty. — It was intended by this amendment to place beyond contradiction the fact that the United LEGISLATIVE POWERS 81 States Government was not one of original powers, but possessed merely those which the Constitution delegated to it. Hence, in considering any question of national legislation or action, the inquiry, " Is it constitutional? " means is there in the Constitution any provision which, under reasonable interpretation, gives the Government authority for the act. From the time of the First Con- gress every act of legislation has been subjected to this test, and the differences of opinion upon these questions have generally marked the two great political parties of the country — the one, termed "Loose Constructionists," insisting that the Constitution granted not only the powers expressly stated, but all others that could reason- ably be inferred from it ; the other, called " Strict Con- structionists," denying the existence of any implied authority and insisting upon a literal interpretation of the Constitution. Taxation. — The weakness of the confederacy showed the framers of the Constitution the necessity of extensive and strong powers in the general government. They were familiar with the inability of the confederacy to enforce its requisitions for money and with its resulting helpless- ness. They felt that there was no more important func- tion of government than that of levying and collecting taxes ; for however vast the resources, however extensive the boundaries, however patriotic the citizens, the Gov- ernment was powerless if it could not compel the use of these resources for its support. They, therefore, provided that: The Congress shall liave power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common 6 82 THE FEDERAL GOVERNMENT defense and general welfare of the United States ; . . . (Art. I., Sec. 8, CI. 1.) Of this power, Chief Justice Chase said : To the existence of the States and to the existence of the United States the power of taxation is indispensable. It is an essential function of government. It was exercised by the colonies and by the states formed therefrom. Under the Articles of Confederation the Government was limited in the exercise of this power to requisitions upon the States. The Constitution changed this con- dition of things. It gave the power to tax directly and indirectly to the national government. Direct Taxes. — A direct tax is defined by Mill as a charge " which is demanded from the very persons Avho, it is in- tended or desired, should pay it." Such taxes are poll or capitation tax, imposed upon individuals at so much a person (literally, "per head"), charges upon lands, per- sonal property, incomes, and the rents and profits of prop- erty. In the levying of such direct taxes provision was made that no State should bear more than its share of the burden. Direct taxes shall be appoi'tioned among the several States . . . according to their respective numbers. {Kvi. I., Sec. 2, CI. 3.) No capitation, or other direct, tax shall be laid, unless in pro- portion to the census or enumeration hereinbefore directed to be taken. (Art. I., Sec. 9, CI. 4.) When a direct tax is laid, the amount of money to be raised is first ascertained, and the tax is apportioned among the States according to their population at the last census. Indirect Taxes. — Indirect taxes are defined as "those LEGISLATIVE POWERS 83 wliicli are demanded from one person in the expectation and intention that he shall indemnify himself at the ex- pense of others. " Such taxes are duties or imposts, im- posed upon the importation of goods, and excises, an inland tax levied upon the manufacture or sale of certain articles and upon licenses to pursue certain trades or to deal in certain commodities. In the levying of such indi- rect taxes it was provided that they should "be uniform throughout the L^nited States" (Art. I., Sec. 8, CI. 1). By " uniform " is meant that such taxes shall be the same in one State as in another, regardless of population, a characteristic in which they differ from direct taxes. But all articles need not be taxed alike. Thus tobacco may be taxed at one rate, silk at another, while other com- modities may be under very different charges, but the charge on each class of articles is the same ever}' where. The Tariff. — Duties and imposts, also called " customs," are charges made upon imports, and are of two kinds — specific and ad valorem. A specific duty is a certain sum charged on each article, regardless of its cost or value, as so much per pound, gallon or yard. An ad valorem duty is a charge made at a certain percentage of the cost or value of the article. The list of dutiable goods, with the prescribed charges, is called the "tariff." About the levying of duties and imposts have centered some of the fiercest political struggles of this country ; and the character and purpose of the duties imposed have in sev- eral campaigns marked the division of the great parties. Civics is not the place to enter into a discussion of the economic features of the subject of duties. That belongs to the studv of Political Economv. It will bo sufficient 84 THE FEDERAL GOVERNMENT for the present to know that in the division of sentiment caused by this subject there is one party whose members are known as " Protectionists," who insist that under the implied powers of the Constitution the Government has the right to impose duties and imposts, not only to supply revenue for its support, but also to encourage and foster manufacturing and other industries in the country, and for this purpose to raise the charges so high as practically to prohibit the importation of goods. Opposed to this party are the so-called "Free-Traders," who advocate the collection of duties for the support of the Govern- ment, but deny that thev can be constitutionally imposed for any other purpose. A modification of "protection" is the reduction of duties upon imports from a country in return for a sim- ilar reduction by it upon American goods. This is termed ' ' reciprocity, ' ' and is established by treaty (page 132\ The converse, called "retaliation," is the increase of duties upon imports from a country which has increased its duties upon American articles. This is done by the President, to whom the power is usually given by Con- gress. Collection of Duties. — In order to collect these duties certain places along the coasts and borders of the country are designated as Ports of Entry, where are government buildings called Custom Houses, in charge of officers known as Collectors of Customs. At these places cargoes are examined by the Collector or his agents, called In- spectors, and duties are computed and collected upon im- portations according to the schedules fixed by law. Duti- able articles constitute a long list, and consist of so-called LEGISLATIVE POWERS 85 luxuries, as diamonds, works of art, silks and the like ; certain necessaries, as clothing ; and a large number of other articles, " raw " and manufactured. Internal Revenue. — ^Excises constitute what is known as the internal revenue of the country, and are taxes levied upon the manufacture and sale of liquors and tobaccos, and frequently upon other articles, such as telegrams and legal and commercial papers, upon which have to be affixed revenue stamps varying in value from a fraction of a cent to many dollars. Matters pertaining to the sale of these stamps and the collection of this rev- enue are in the charge of government officers called Col- lectors of Internal Revenue. The National Income. — These taxes, direct and indi- rect, constitute the sources of the national income. The receipts are nearly always sufficient for the demands of the Government, and at times have been so large as to rapidly diminish the great debts incurred in tlie several wars in which Ave have been engaged. Indeed, so great have been the indirect revenues that, except in a very few instances, no direct taxes have ever been levied. ■^• Commerce. — Intimately connected with this poAver of Congress is that ' ' to regulate commerce with foreign nations, and among the several States, and Avith the In- * The principal direct taxes levied by the general government were the following : July 14, 1798, two millions of dollars ; January 9, 1815, six millions of dollars ; August 5, 18G1, twenty millions of dollars, to be levied annually thereafter. In the latter case the taxes were not collected by oflBcers of the United States, but each State paid its portion from the moneys in the State treasury. This tax was collected but once, and the act was suspended. In 1891 the United States refunded to the States the gums which they had paid on the tax of 1861. 86 THE FEDERAL GOVERNMENT dian tribes " (Art. I. , Sec. 8, CI. 3). '' Commerce, " iis here used, means not only trade, but also intercourse and navi- gation. Before the Constitution all such laws were en- acted by the States, and the greatest confusion resulted. But because the regulation of commerce was a matter of general interest, and for the purpose of uniformity, it was delegated wholly to the general government. Under this section Congress has power to appropriate moneys to render navigation less dangerous, to build lighthouses, to provide life-saving stations, improve harbors, dredge rivers, establish quarantine regulations, license and re- quire the employment of licensed pilots, make surveys of the coasts, issue charts and maps, and perform many other acts of a similar nature. Shipping Regulations. — By virtue of this power Con- gress has made regulations requiring American-owned vessels to be registered, an act which accords to such ves- sels privileges not extended to foreign ships, such as to engage in the coasting trade and to be protected by the Government if seized or injured by a foreign power. So, also, a vessel upon leaving port is required to take out a certificate called a clearance, issued by the collector of customs, showing that all harbor fees have been paid and regulations observed. Upon arrival at an American port, a further regulation requires a vessel to be entered — that is, to report to the collector, present a statement of its cargo and deliver the clearance which it received from the last port. This last, however, is not generall)^ re- quired of American vessels engaged in the coasting trade. All other laws relative to the merchant marine of the nation rest upon this section. LEGISLATIVE POWERS 8T Interstate Commerce. — Under this section laws have also been passed controlling railroads whose business is conducted in two or more States, prescribing rules for their management, construction and rates for freight. And, finally, it is from this section that Congress derives its authority to regulate all intercourse and traffic with the Indians. Federal Taxes and State Taxes. — The power to levy duties and imposts and to regulate commerce belongs peculiarly to Congress, for it is provided that: No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws ; . . . (Art. L, Sec. 10, CI. 2.) And the Supreme Court of the United States has held that the right to regulate commerce is " exclusively vested in Congress and cannot be exercised by a State." This is not true of the right to levy direct taxes. This right is co-existent in state and national governments, and the exercise of it by Congress does not preclude a State from taxing the same propert}'", though the claims of the general government are superior; and if there is not suffi- cient property to satisfy the demands of both govern- ments, that of the nation has preference. Restrictions on Taxation. — It should be observed that the purposes for which Congress is thus given the power to tax are ' ' to pay the debts and provide for the com- mon defense and general welfare of the United States " (Art. I., Sec. 8, CI. 1). The courts have held that taxa- tion purely in aid of personal or private objects is beyond 88 THE FEDERAL GOVERNMENT legislative power, and that Congress cannot even raise a tax for purposes which are within the exclusive jurisdic- tion of a State. There is another restriction upon this power of Con- gress. That is, that ' ' no tax or duty shall be laid on articles exported from any State " (Art. I., Sec. 9, CI. 5). The reason for this provision is that the extent of the country is so great and its resources so varied that a uni- form burden of export duties would be practically un- possible, and the interests of the various States would be constantly demanding recognition, which would destroy trade stability and result in the greatest confusion. Fur- thermore, such taxation would tend to impede the growth of industries by making the charges upon their products so high as to render competition in a foreign market im- possible. Uniformity in commercial regulations is assured by the provision that: No preference shall be g-iven by any regulation of commerce or i-evenue to the ports of one State over those of another ; nor shall vessels bound to, or from, one State, be obliged to enter, clear, or pay duties in another. (Art. I., Sec. 9, CI. 6.) Power to Borrow. — The revenues just considered are adequate in times of peace and usual prosperity. But there arise conditions when these are insufficient. The Civil War created such a condition. So, also, a crisis may arise when the revenues are depleted and time will not permit the collection of sufficient taxes to prevent national embarrassment. To provide against such an emergency, Congress can ' ' borrow money on the credit of the United States" (Art. I., Sec. 8, CI. ^2). LEGISLATIVE POWERS 89 This is a very important provision. Chief Justice Marshall said: No provision can be selected wliicli is of more vital interest to the community . . . No power has been conferred by the American i:)eople on the government, the free exercise of which more deeply affects every member of our republic. In war, when the honor, safety and independence of the nation are to be defended, when all its resources are to be strained to the utmost, credit must be brought in aid of taxation, and the abundant revenues of peace and prosperity must be anticipated to supply the exigencies of the moment. '&^ Coinage ; Weights and Measures. — An important power of Congress is the one: To coin money, regulate the value thereof, and of foreign coin, and fix the standards of weights and measures. (Art. I. , Sec. 8, CI. 5.) The trading instinct has made necessary some medium of exchange. For this the precious metals have been found the most practicable, and gold and silver are now gen- erally used, with nickel and copper for small values. At first these media passed by weight ; later they were made into coins — that is, stamped into shape and marked Avith some device significant of their value. This, hoAvever, was not an absolute guaranty of value, and so govern- ments took upon themselves the power to coin money, and the stamp affixed to a coin is a pledge by tiie govern- ment that the value of the coin is what it purports to be. Monetary System. — At the time of the adoption of the Constitution there was no fixed monetarv system in the country. Spanish milled dollars, English shillings and other foreign coins were in common circulation. The 90 THE FEDERAL GOA^ERNMENT need of a uniform system was evident. This could not be obtained by leaving it to the States, for each might adopt a different standard of weight or purity. So the right to coin money was granted to Congress, together with the power to regulate the value of foreign coins in exchange for those of this country. Uniformity resulted. The dollar is the same in all sections of the country, and trade is carried on freely without the necessity of testing the purity or weight of coins. The Government does its coining in buildings called mints^ of which there are several, in different cities. The principal one is at Philadelphia, Pa. Systems of "Weights and Measures. — Although uniform- ity in Av eights and meisures is within the power of Con- gress, it has never exercised this power beyond adopting for the use of custom houses the English system, and legalizing the use of the metric system. The English system is in general use throughout the country, each State government compelling the instruments used within its jurisdiction to conform to standards furnished by the general government. In scientific work, however, the metric system is largely in use, and there is a growing opinion that for the sake of international trade it should be made the standard of the country. Counterfeiting. — The power of Congress over the money of the country would be practically useless were it not connected with another power: To provide for the punishment of counterfeiting the securities and current coin of the United States. (Art I., Sec. 8, CI. 6.) To counterfeit is "to copy or imitate Avithout authority LEGISLATIVE POWERS 91 or right, and with a view to deceive or defraud by pass- ing the copy for the original or genuine. " It is counter- feiting even to issue a coin of equal weight and purity with that of the Government. Under the power to bor- row money there have been issued from time to time bonds or promises of the Government to pay certain sums of money at certain times. These, and the paper cur- rency of the Government, which is constantly in circula- tion, constitute the securities of the United States. Be- sides these, there are postal and internal revenue stamps. The chief value of all these depends upon their genuine- ness, and it was to prevent their imitation that this power was given to Congress. Counterfeiting has, there- fore, been declared a crime, and severe punishments are prescribed for those detected in it. Nor is this all. The crime is considered twofold, as against the Government and as against the people, for the punishment of which , latter offense the several States have also enacted laws. Postal Service. — Congress has power " to establish post- offices and post-roads" (Art. I., Sec. 8, CI. 7). In the exercise of this power the Government comes in direct contact with the greatest number of people. The hand- ling of the mails is a matter too extensive to be conducted satisfactorily by private enterprise. Formerly communi- cations were carried by slaves or other messengers ; but the development of trade, necessitating prompt and safe transmission of mails, demanded a cheap and certain postal service available to the general public. This could best be obtained by giving its control to the federal gov- ernment. At the time of the Constitutional Convention this power was not deemed of particular consequence. 92 THE FEDERAL GOVERNMENT Madison, spoke of it as " a harmless power which may, perhaps, b}^ judicious management become productive of great public convenience." At that time, however, it took four weeks to send a letter from Philadelphia to Boston and receive a reply, and the rate of postage was six cents for an}"^ distance less than thirty miles, with a maximum charge of twentv-five cents for a distance exceeding four hundred and fifty miles. This provision includes the power to designate the vari- ous classes of mail matter and fix the rates of postage, to provide for the transmission of money by post, and through 'treaties with other nations arrange for the for- warding of mails to any part of the civilized world. Through its extension every hamlet has been provided with a post-office, while in cities and many rural sections there is a free collection and delivery of mail. All roads within a State, including railroads, canals and rivers, become by law ' ' post-roads ' ' when the mail is trans- ported over them, and whatever may be the obstruction to ordinary traffic, whatever mobs may do to impede the passage of trains, free progress is given to the stage or train which carries the United States mail. For some officers of the Government in the conduct of official busi- ness the mail is carried free. This is called a frank or franking privilege; and severe penalties are imposed upon any one using a frank for other than official busi- ness. Congress has also made laws to prevent the send- ing through the mails of explosives, poisonous insects and reptiles ; publications, pictures and communications of an immoral character ; and other similar abuses of the postal service. LEGISLATIVE POWERS 93 Patents and Copyrights. — Another poAver given to Con- gress is: To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. (Art. I., Sec. 8, CI. 8.) This is exercised by the granting of letters patent and copyrights. The idea embodied in this provision arose from a desire to encourage invention and research, on the theory that it would increase the general welfare of the country. If new inventions became at once free to the world, it was seen that men would not spend the time necessary to their perfection, and the development of the arts would be impeded. But to give them the exclusive and unending benefit of their discoveries and inventions was deemed unwise, since it would create a perpetual monopoly. Therefore the privilege was limited. Letters Patent. — Letters jpatent are official documents granting to the recipient or his representatives the sole right for the period of seventeen years to make, use and sell, within the United States and its territories, an arti- cle invented or discovered by him. A person making an invention can either obtain a patent at once, or, if he desires further time to perfect his work, can protect him- self for the period of one year by taking out a caveat. This is done by filing in the Patent Office at Washington a description of his invention. If, however, he desires a patent, he must make application in writing to the Com- missioner of Patents at Washington, fully describing his invention and its purpose, Avith a claim as to its novelty. Oftentimes a model is required to be sent with thf 94 THE FEDERAL GOVERNMENT application, and if the invention or discovery is a com- pound or composition oi matter, the applicant may be required to furnish specimens of the ingredients suiRcient for an experiment. If, after examination, it appears that the invention is novel or new, a patent will be issued. Copyrights. — A cojyyright is an exclusive privilege granted to a person or his representatives for the period of twenty-eight years, with the privilege of renewal to himself or his widow or children for the further term of fourteen years, to print, publish, make or sell som.e lit- erary or artistic production. Copyrights are issued upon books, maps, musical and dramatic compositions, paint- ings, engravings, photographs, statuary, designs and numerous other productions. In order to procure a copy- right the applicant must, before publication, deliver or mail to the Librarian of Congress at Washington a printed copy of the title page of the book or description of the article, upon which an entry of the copyright is made in the official records. Within ten days after the publication he must also deliver to the Librarian of Con- gress two copies of the book or composition ; or if a paint- ing, engraving, statue or design, a photograph thereof. To protect himself in his production he is required to print on the title page of the book or the one next fol- lowing, or upon some conspicuous place on his map, de- sign, picture or other article, the following: "Entered according to act of Congress in the year [date] by [name] in the office of the Librarian of Congress," or the words, "Copyright [date] by [name]." Infringements. — The issuance of a patent or a copyright is not an absolute guaranty by the Government of the LEGISLATIVE POWEES 95 rights described in it. For if there has been a prior pat- ent or copyright which covers the same invention or pub- lication, the subsequent patentee or holder of the copy- right obtains no right to manufacture, publish or sell the invention or publication, and in case he does so, he is liable to a prosecution for infringement in the United States courts, and the payment of damages. Exterritorial Power. — Power is also given to Congress to define and punish piracies and felonies committed on the high seas, and offenses against the law of nations. (Ai't. I., Sec. 8, CI. 10.) Piracy is defined as "robbery or forcible depredation on the high seas without lawful authority." On land the crime of highway robbery corresponds to it. High Sea is the uninclosed portion of the ocean, three miles out- side of the general line of the coast. A felony is a crime of a high order whose punishment is death or long imprisonment. Law of Nations is the system of justice recognized by civilized nations as that which ought to control their intercourse with each other. The provision relating to offenses against the Law of Nations has been judicially held to apply to offenses on the high seas, but the language of the Constitution would seem to bear a broader interpretation. This power was given to Congress because such matters were beyond the control of the several States, and because in our relations with other nations the national govern- ment is held responsible for all infringements of their rights or those of their subjects; and unless power resided in the Government to punish such offenses, frequent con- troversies would result and become a constant menace to our peaceful relations. 96 THE FEDERAL GOVERNMENT For the purpose of supplying courts for the trial of piracies and other crimes in violation of the United States statutes, Congress was authorized " to constitute tribunals inferior to the Supreme Court" (Art. I., Sec. 8, CI. 9). Of these courts and their jurisdiction mention will be made in a later chapter. (See pages 159, 165.) Citizenship. — One of the perplexing questions during our national life has been that relating to citizenship. For man}^ years it was generally maintained that there was no such distinctive character as that of " a citizen of the United States." The title " citizen of a State " was long recognized, and as such a person was considered a citizen of the United States. But this excepted from citizenship all residents of the Territories and the District of Columbia, these not being States. This question was removed by the adoption of Amendment XIV., which provided that: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. (Sec. 1.) Citizenship implies correlative obligations; that is, alle- giance, or fidelity and obedience on the part of the citi- zen, and protection on the part of the Government. Thus a citizen of the United States owes to the Government certain duties, as sharing in its defense and support and aiding in the execution of its laws. Since in our rela- tions with foreign powers we are not recognized as indi- vidual States, but as a nation, an American citizen is everywhere entitled to demand the support and protec- tion of the full power of the United States. LEGISLATIVE TOWERS 97 Determination of Citizenship. — Citizenship is determined in two ways. First, all persons are citizens who are born within the United States and subject to its jurisdiction. This provision includes people of all races and of both sexes, except Indians. It also includes children of Ameri- cans who at the time of their birth are temporarily with- out the country, but it does not include children of for- eign representatives or travelers born when the parents are temporarily residing within the United States. Sec- ond, all persons are citizens who are naturalized within the United States. IS^aturalization is restricted by law to persons of the white and black races, and Japanese, Chinese and others are excluded. Naturalization. — Naturalization is the process by which a citizen or subject of a foreign nation is made a citizen of the United States. The only privilege of a native-born citizen which a naturalized citizen does not possess is that the former is qualified to become President or Vice- President of the United States. It may be observed that citizenship and the right of suffrage are separate and distinct rights. The first is granted by the general gov- ernment, the latter by the States. Citizenship does not depend upon age or sex, two conditions which generally determine the right to vote. Rules of Naturalization. — For the purpose of conferring citizenship, Congress is empowered " to establish an uni- form ride of naturalization " (Art. I., Sec. 8, CI. 4). This rule is briefly as follows: A foreigner, residing within this country, Icnown as an alien, is required : 1. To declare on oath before a Circuit or District Court of the 7 98 THE FEDERAL GOVERNMENT United States, or a Court of Record of a State, two years prior to his naturalization, that it is his intention to become a citizen and that he renounces allegiance to every foreign state. 2. He must at the same time swear to support the Constitution of the United States. 3. After a residence of five years within the country and at least two years after declaring his intention, the alien may be fully admitted to citizenship by presenting to one of the above- mentioned courts proof of the declaration of his intention, of his residence within the country for five years and within the State for one year, and of a good moral character ; and 4. He must, at such time and place, renounce any title or order of nobility which he may possess. The Court, if satisfied, then makes an order declaring him to be a citizen, and there is issued to the applicant a certificate to that effect, which is in every place evidence of his citizenship. This rule a^jplies to both males and females, but there are certain exceptions in the case of aliens not more than eighteen years of age at the time of their arrival in this country, and a fui'ther exception which extends citizenship to all children who are minors at the time of the parent's naturalization. Rights of Citizens. — We have seen the privileges attend- ing citizenshi}) in our relations with foreign powers. There are also domestic privileges. The citizen of each State shall be entitled to all the privileges and immunities of citizens in the several States. (Art. IV. , Sec. 2, CI. 1.) A person removing from one State xo another is en-" titled in his new home to all the rights — social, civil and religions — that he would have possessed had he been born there. But as he takes up these new rights, he must re- linquish those of his old home. To illustrate: In Kansas, women can vote. In New York they cannot. If a ]S'ew York woman should remove to Kansas, she would there LEGISLATIVE POWERS 99 be entitled to the right of suffrage. But if a Kansas Avonian removed to ISTew York, she would not be permitted to Tote in the latter State. This principle applies to all relations of life. No State can make laAvs or grant rights that extend beyond its borders. IS^or can it establish rules to prevent people from coming there to live, nor impose upon such new-comers restrictions which are not equally binding upon its own citizens. Lest, however, any question should ever arise, particularly in reference to the freedmen, there was inserted in Amendment XIV. the provision that: No State shall make or enforce any law rvhich shall abridge the privileges or immunities of citizens of the United States ; . . . (Sec. 1.) National Bankruptcy Laws. — Another important poAver of Congress is to establish uniform laws on the subject of bankruptcies throughout the United States. (Art. I., Sec. 8, CI. 4.) It is a fundamental principle of business that all men should pay their just debts. In no other way can trade be conducted with profit and security. Yet there come times when under strained financial conditions honest men throughout the countrv cannot meet their obliga- tions. Pressure by ordinary legal methods would not be able to force collections, but would cause great hardships and oftentimes discouragement, to the debtor, a condition injurious both in business and civil relations. It has therefore been deemed expedient from time to time to relieve debtors under certain conditions by compelling 100 THE FEDERAL GOVERNMENT creditors to receive all a debtor's property in full satisfac- tion of his debts, even though much less in amount, thus reestablishing credit and encouraging worthy men in their quest for wealth. Such laws existed in Greece and Rome ; England has had them for many years ; and before the Revolutionary War bankruptcy laws existed at various times in several of the colonies. In our own national history there have been four acts of this char- acter — in 1800, 1841, 1867, and the present one, which went into effect July 1, 1898. A Bankruptcy Law is one which discharges a debtor from Ha- bihty for past debts upon the surrender by him of all his property for the benefit of his creditors. An Insolvent is a person whose property, other than that con- cealed or transferred to defraud creditors, is not sufficient at a fair \alu- ation to pay his debts. A Bankrupt is such a person, when so declared by the courts, after surrendering his property to be applied upon his debts. Proceedings in Bankruptcy: Bankruptcy is either voluntary or involuntary; that is, the insolvent may file a petition with the court giving a complete list of his property, a statement of his debts, to whom owed, and his inability to pay them and asking to be adjudged a bank- rupt ; or creditors of an insolvent may file such a petition, in which they set forth the financial condition of the insolvent and the performance by him of certain so-called "acts of bankruptcy," such as secreting his property with the intent to defraud his creditors, and ask that he be adjudged a bankrupt. These petitions must be under oath. After an investigation into the facts presented bj^ the petition, the court may or may not adjudge the person a bankrupt. If it does, the creditors are allowed to prove their claims against him, and usually a trustee of his property is appointed, who, under the direction of the court, takes charge of the bankrupt's property, collects and reduces it to money, and distributes it in the following manner — to pay: 1. Taxes due to the United States, State, county, town or city. 2. Costs of the proceedings. 3. Wages to workmen. 4. Debts. LEGISLATIVE POWERS 101 After such distribution, and| within twelve months after he has been declared a bankrupt, the court, if satisfied of his honesty and good conduct, may order his discharge from bankruptcy, after which he may begin again the acquisition of property without fear of its being taken to satisfy his former obligations. State Bankruptcy Laws. — The ]iowcr to enact bankruptcy laws is not exclusively vested in (~ons:riess.\,FA;cna;tim6 to time States have passed such laws, and it has been held by the courts that they arc constitutional except when the power is actually being exercised by Congress, or the State laws conflict with those of the national govern- ment. Military Powers. — One of the experiences common to all nations is war. In 178Y we were but recently through with the Revolution, and the necessity of war powers in the general government was very evident. Under the Articles of Confederation, Congress had the right to make requisitions of men upon the several States, but no power to enforce them. Such a system was inherently weak, and might have resulted in disaster had it not been for the patriotism of the people. To remedy this defect, and to take war powers away from the several States, whoso hasty action might involve the whole country in conflict, Congress was given power: To declare war, grant letters of marque and reprisal, and make rules concerning ca])tures on land and water; [For definition of letters of marque and reprisal, see page 196.] To raise and suppoi-t armies, but no ap))ropriation of money to that use shall be for a longer term than two years; To provide and maintain a navy; To make rules for the government and regulation of the land and naval forces; 102 THE FEDERAL GOVEENMENT To provide foi* calling forth the militia to execute the laws of the Union, suppress insurrections and repel invasions; To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively, the apfpointment .of t hv officers, and the authority of training the militia according to the discipline prescribed by Congress. (Art. I„ See..8,.GL n; 12, 13, 14, 15, 16.) Army. — ^Incident to the power to declare war, and nec- essary to give it effect, is the power to raise and support armies. This inckides the raising of troops by enlistment (voluntary enrollment) or by conscription (forced enroll- ment), the determination of their number and service, purchase of supplies and arms, construction of fortifica- tions, arsenals, barracks and hospitals, instruction of officers and men in schools and otherwise, and the per- formance of any other acts necessary to organize efficient armies. But, mindful of the powers which armies had assumed in the past and fearful of their repetition, there was added the provision that approj)riations should not be made for a longer term than two years. Money is a necessity for an. army. Without power of acquiring property, it is dependent for its support upon the people, and they, under this provision, through their represent- atives, can control its existence by granting or refusing to grant supplies. Navy. — The power to provide a navy was necessary on account of our extended seacoast and the ambition of the people to engage in commerce. This power includes the enrollment of seamen, the construction of vessels, the establishment of navy yards and docks, the purchase of supplies and munitions, the instruction of officers and . LEGISLATIVE POWERS 103 men in schools or otherwise, and the performance of any other acts necessary to make an efficient navy. The MiUtary Law. — As the array and navy are created by the general government, Congress was given the power to make regulations for their government. This has been done by the enactment of a code of rules, called the "Military Law, " which prescribes tactics and arrangement of troops, classifies officers and men, regulates the pay of the service, defines military and naval offenses, and pro- vides for the punishment of offenders by the creation of tribunals called "courts-martial" and by the establish- ment of their jurisdiction and procedure. Militia. — There has ahvays been in this country a fear of a large standing army — that is, a disciplined body of men whose sole occupation is military service — and it has been the policy of the Government to maintain only a small military force to do police duty among the Indians and guard the frontiers. If a greater force was needed, it was believed that the best defenders of the country were its citizens who have homes and property to protect. So the main reliance of the country has been upon its militia, which is defined as consisting, with a few excep- tions, of " every able-bodied male citizen of the respective States who is of the age of eighteen years and under the age of forty-five years." And this body Congress was given power to call out — to execute the laws of the United States, to suppress insurrections and to repel invasions. By virtue of this provision Congress has conferred upon the President power to summon the militia, which then becomes a part of the military force of the United States and subject to the regulations of the Military Law. 104: THE FEDERAL GOVERNMENT Organization of Militia. — Such a force, composed of men engaged in civil pursuits, would be useless unless armed and trained ; so to Congress was given the power, which it has exercised in various ways, of preparing the people for military duty, particularly by the establish- ment of uniform tactics and rules for drills and instruc- tion, which action has been further extended by the States. Profiting by the experience of the Eevolution, in which the militia often refused to obey oiRcers other than those from their own States, it was provided that the appointment of the regimental officers of the militia should be left entirely to the several States. Federal Territory. — Congress had not always held its meetings at the same place, but had met at various cities. This made the Government dependent for support and protection upon the State in which it met. These were not always afforded, as when on an occasion Congress was forced to adjourn its sitting at Philadelphia and con- tinue it at Princeton (June 21, 1783). To the end that the Government might have a permanent seat, the State of Maryland granted to it a tract of land on the north- ern bank of the Potomac, known as the District of Columbia, in which is the capital city, where are lo- cated the Capitol, the official residence of the President, known as the " White House," and the offices of the vari- ous departments of the Government. Besides this tract there are various places throughout the country where Congress has purchased lands and erected arsenals, navy yards, military posts, forts and other buildings needful for the conduct of the government. Over all these places Con- gress has exclusive jurisdiction. For it was given power: LEGISLATIVE POWERS 105 To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding- ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legis- lature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful build- ings. (Art. I., Sec. 8, CI. 17.) This jurisdiction must be recognized by the State in its cession, otherwise it does not exist. The inhabitants of such places cease to be citizens of the State, but retain their United States citizenship. General Powers. — The foregoing are, in the main, the specific powers granted to Congress. Other grants will be found in other sections of the Constitution, and they will be considered in their proper places. These powers contain in themselves the riglit to employ all means nec- essary to their execution. It has been said: However government is constituted, infinitely the greater part of it must depend on the exercise of powers wliich are left at large to the prudence and uprightness of ministers of state. It was not practicable to enumerate all the means which Congress might employ in the exercise of its powers. But to satisfy any doubt, it was provided that Congress should have power: To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof. (Art. I., Sec. 8, CI. 18.) Implied Powers. — About these powers have been waged many fierce political conflicts ; and upon the laws enacted 106 THE FEDERAL GOVERNMENT under tliem have arisen some of tlie most noted legal questions of our history. The courts have decided in favor of the existence of broad powers in Congress, and some of the most radical legislation of the country has been enacted and sustained under such decisions. Thus, under the provision granting the power to borrow money, it has been held that Congress could establish national banks, a large part of whose capital must be invested in national securities, by which a demand for them is cre- ated and governmental borrowing is made easier. So, also, to carry out the various enumerated powers, the courts have declared that Congress could enact laws incor- porating railroads, purchasing foreign territory, making United States notes legal tender, establishing a protective tariff and performing many other acts broader and more important than those authorized by express provision. POWERS OF CONGRESS. Civil. liaise revenue Regulate commerce Taxation Capitation. Direct \ Land. Personal property. Duties on j Specific. Indirect \ imports ( Ad valorem. Excises. Borrow money. Make shipping regulations. Imj)rove harbors. Buikl lighthouses. Install life-saving stations. License pilots. Establish quarantines, etc. Between States. With Indians. Foreign and Domestic Domestic LEGISLATIVE POWERS 107 Maintain business stability Regulate postal service Encourage science and useful arts Define crimes Minting. Coinage ■{ Regulation of \ Foreign. coin values ( Domestic. Weights and measures. Bankruptcy laws. Carriage of mails. Postage. Post-offices. Post-roads. Postage. Caveat. Letters patent. Foreign Domestic Patents -j Copyrights. Exterri- torial Piracy. Felonies on the high seas. Crimes against the law of nations. Monev. Territorial — Counterfeiting i ^ * ( Securities, Regulate j By defining citizenship. citizenship \ By naturalization. Govern territory . (obtained from Status) For seat of government (less than 10 miles square) . For forts, magazines, arsenals, dock-yards and other buildings. Military. Declare war. Grant letters of marque and reprisal. Make rules as to captures ■] 4 ^ . Raise and support armies ) . , , , „ ■' ^ >• And make rules for governing. Build and maintain a navy Organize and call out militia ( Execute federal laws. < Suppress insurrections. ( Repel invasions. 5. LEQISLATIVB PROHIBITIONS. Divisions. — Besides the granting of poAA^ers, certain legislative prohibitions were imposed by the Constitution. 108 THE FEDERAL GOVERNMENT These prohibitions, with the exception of those contains 1 in the Amendments, are found in the ninth and tenth sections of Article I. They may be divided into three classes : (1) Those relating to the federal government only. (2) Those which apply to both federal and state governments. (3) Those relating to the States only. Some of these have been already considered, as Sec- tion 9, Clauses 4, 5 and 6, and Section 10, Clause 2. (See pages 82, 87 and 88.) (1) The Prohibitions upon the Federal Government. Slavery. — The migration or importation of such persons as any of the States now existing shall think pi'oper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person. (Art. I., Sec. 9, CI. 1.) This provision was the result of a compromise in the Constitutional Convention between the delegates of those States favoring slavery and those in which the system was already prohibited or was fast dying out. Its im- portance passed away with the extinction of slavery by the Civil War. Habeas Corpus. — The privileges of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or inva- sion the public safety may require it. (Art. I., Sec. 9, CI. 2.) This right, as we have seen (page 22), was established early in the growth of English institutions. The power to suspend it had, in the past, been much abused by tyran- nical rulers, and it was to avoid such misuse by this Gov- ernment that the provision Avas enacted, which did not LEGISLATIVE PROHIBITIONS 109 entirely destroy the power of suspension, but limited it to times of extreme necessity. Direct Taxes. — No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration hereinbefoi'e du'ected to be taken. (Art. I., Sec. 9, CI. 4. See page 82.) Appropriations. — No money shall be drawn, from the Treasury but in consequence of appropriations made by law ; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time. (Art. I., Sec. 9, CI. 7.) An appropinatton is an act providing for the expendi- ture of a certain sum of money to be drawn from the treasury, and stating the purpose for which it shall be expended. It has been seen that Congress possesses the power of taxation. It follows that this branch of the government should disburse the funds so raised, for Con- gress directly represents the taxpayers. This prohibition is particularly a restriction upon the Executive Branch, Preferred Ports. — No preference shall be given, by any regula- tion of commerce or revenue to the ports of one State over those of another; nor shall vessels bound to, or from, one State, be obliged to enter, clear, or pay duties in another. (Art. I., Sec. 9, CI. 6. See page 88.) (2) The Pkohibitions applicable to both the United States and States. Bills of Attainder and Ex Post Facto Laws.— No bill of at- tainder or ex post facto law shall be passed. (Art. I., Sec. 9, CI. 3.) No State shall . . . pass any bill of attainder, ex post facto law, . . . (Art. I., Sec. 10, CI. 1.) A hill of attainder is a legislative act which imposes a 110 THE FEDERAL GOVERNMENT punishment without a judicial trial. If the punishment be less than death, the act is termed a hill of pains and penalties. "Within the meaning of the Constitution, bills of attainder include bills of pains and penalties. Formerly bills of attainder were extensively used to overawe the people and keep them in subjection. The struggles incident to the rise of English liberties were marked by many examples of their arbitrary use, par- ticularly the "Great Act of Attainder" of 1688, which comprised a list of over two thousand persons. The chief severity of the punishment in such cases was that the con- demned person w^as rendered incapable of inheriting prop- erty from an ancestor or of transmitting it to his children. Bills of attainder are unjust in the highest degree, in that they deprive men of life, liberty or property without a trial, and often without proof of guilt or the opportu- nity of defense. In an early case a justice of the Supreme Court said: It [this prohibition] very probably arose from the knowledge that the Parliament of Great Britain claimed and exercised the power to pass such laws, . . . The ground for the exercise of such legislalive power was this, that the safety of the kingdom depended on the death, or other i)unishment, of the offender. With few exceptions, the advocates of such laws were stimulated by ambition or personal resentment and malice. To prevent such and similar acts of violence and injustice, I believe the federal and state legislatm-es were prohibited from passing any bill of attainder. An ex ijost facto law is a criminal law. It is defined by the Supreme Court of the United States as: Every law that makes an action done before the passage of the law, and which was innocent when done, criminal and punishes such action ; LEGISLATIVE PROHIBITIONS 111 Every law that aggravates a crime, or makes it greater than it was when committed ; Every law that changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed ; Every law that alters the legal rules of evidence and receives less or ditferent testimony than the law required -at the time of the commission of the offense, in order to convict the offender. Such laws are manifestly unjust and oppressive. For with the possibility of their enactment no man is secure in his life, his liberty or his property. The most inno- cent act of to-day may by the law of to-morrow be de- clared a grave offense and be visited with extreme pun- ishment. Chief Justice Marshall has said : The legislature is prohibited from passing a law by which a man's estate or any part of it shall be seized for a crime which was not declared by some provision of law, to render him liable to that punishment. Titles of Nobility. — No title of nobility shall be granted by the United States; and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign State. (Art. I., Sec. 9, CI. 8.) No State shall . . . grant any title of nobility. (Art. I., Sec. 10, CI. 1.) Nobility is an adjunct of royalty, and titles create class distinction, which is contrary to the provision of the Dec- laration of Independence, which declares that " all men are created free and equal," and is antagonistic to the institutions of a republic, which depends for its life upon the absolute equality of all the people. In the same spirit is that part of the prohibition rela- tive to officers of the government. The duty to the Clov- ernment should be paramount to all others. Oftentnnes 112 THE FEDERAL GOVERNMENT the prosperity, if not the very existence, of the nation dejicnds upon the loyalty of its representatives and officers. To guarantee fidelity to this trust, the provision was made so as to prevent them from being bribed and their official acts influenced l)v foreign states. From time to time various nations and ralers have made pres- ents to our presidents and other officials, but these have been surrendered to the Government, and are preserved in the ISTational Museum at Washington. (3) The Prohibitions upon the States. Miscellaneous.— No State shall enter into any treaty, alliance, or confederation ; grant letters of marque and reprisal ; coin money ; emit bills of credit ; make anything but gold and silver coin a tender in payment of debts ; pass any . . . law im- pairing the obligation of contracts, . . . (Art. I., Sec. 10, CI. 1.) For the purpose of establishing uniformity in our for- eign relations, the several States surrendered to the gen- eral government all their sovereign rights and powers in external affairs. If the States were permitted to make treaties and alliances, it would result in danger to the Union, since they might enter into agreements which w^ould be antagonistic to the interests not only of other States, but of the nation at large. Or, if a State were allowed to issue letters of marque and reprisal, it might involve all others in Avar. The prohibition against State coinage rests on much the same principle, for to permit it would destroy the very uniformity in our currency which we have seen to be necessary to its usefulness. Bills of Credit. — Bills of credit are paper issued by a government, in which it promises to pay at some future LEGISLATIVE PROHIBITIONS 1L3 time certain sums of money to the persons .holding it. During the Revolutionary AVar they were issued in vast quantity and circulated as money among the people. Not being paid when due, they rapidly depreciated in value, till they became practically worthless. As a result great financial losses followed, and public and private credit was destroyed. This prohibition was inserted to avoid a recurrence of such evils. Bills of credit must not be confounded with state honds, which are contracts on the part of the State to pay for services rendered to it or for money borrowed for present use. '^ They are," says Chief Justice Marshall, " paper intended to circulate through the community, for its ordinary purposes, as money." The provision relating to tender inpayment of debts was for the purpose of further avoiding the dan- gers of a debased currency. Contract Obligations. — The provision restraining a State from passing any law impairing the obligations of con- tracts is of inestimable value, for it enters into every rela- tion of life. The home, business, society are all affected by contract relations, for a contract is an agreement be- tween two or more persons for a consideration to do or not to do some particular thing. It is therefore necessary to the security of human relations that an agreement once made should be undisturbed. Otherwise there would be no safety in trade or the affairs of life. Prior to the Con- stitution it was no uncommon occurrence for laws to be er acted without regard to their effect upon existing con- tracts. The insecurity thus occasioned was the cause of this provision, which extends not only to contracts be- tween individuals, but also to those between the Individ- 8 114 THE FEDERAL GOVERNMENT iial and the state. Tlie extent of the prohibition was early decided by the Supreme Court in the celebrated Dartmouth College Case, which arose over an attempt by the legislature to alter the charter of the college. In a later case the same court said: It has been decided that a contract entered into between a state and an individual is as fully protected by the tenth section of the first article of the Constitution as a contract between in- dividuals. Commercial Regulations. — No State shall, without the con- sent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws ; and the net produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the Treasury of the United States ; and all such laws shall be subject to the revision and control of the Congress. (Art. I., Sec. 10, CI. 2.) No State shall, without the consent of Congress, lay any duty of tonnage,* keep troops, or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. (Art. I., Sec. 10, CI. 3.) The exercise of any of the powers prohibited by these clauses would so evidently conflict with those granted to Congress, or would be so liable to cause unjust discrimi- nations by the States, resulting in endless confusion, if not serious complications, that no discussion seems neces- sary. A recital of the subjects is sufficient to show that they should be prohibited to states which are members of a union. * Tonnage duty is a charge upon ships based upon their capacity. PECULIAR POWERS OF SENATE AND HOUSiC 115 U PROHIBITIONS. Upon Federal Government. To prohibit the Slave Trade before 1808. To suspend the writ of Habeas Corpus \ Rebellion. except in case of ( Invasion. To lay Direct Taxes except in proportion to census. To levy export duties. To Draw Money from treasury except as appropriated by law. To make Preferred Ports. Upon Federal and State Governments. \ Bills of Attainder. io pass "I ^^ p^^^ p^^^^ j^^^^^ To grant Titles of Nobility. pon State Governments. ( Treaty. To enter into < Alliance. ( Confederation. To gi'ant letters of marque and reprisal. To coin money. To emit bills of credit. To make anything legal tender except gold and silver coin. . To pass laws impairing contract obligations. ^ , . IT.- J Imports. To lay imposts and duties on i -p, To lay duty on tonnage. To keep in time of peace ] c,i ■ , ^ ^ ( Ships of war. To enter into an 3 Another State. agreement with ( Foreign nation. ^ . , \ actuallv invaded. To engage in war unless ) . . \ , ■. ° ° ( m imminent uanefer. Without exception Except by consent of Congress 6. PECULIAR POWERS OF SENATE AND HOUSE. The Powers and Prohibitions which we have consid- ered apply to hath houses of Congress. There are, how- 116 THE FEDERAL GOVERNMENT ever, some rights and powers peculiar to each, such as the control of its own organization and members (Art. I., Sec. 5, CI. 1 and 2), and certain others relating to the conduct of the government. House of Representatives. Financial Bills. — The most important right possessed by the House alone is that: All bills for raising revenue shall originate in the House of Representa- tives; but the Senate may propose or concur with amendments as on other bills. (Art. I., Sec. 7, CI. 1.) The spirit of this provision came from the English con- stitution. The growth of political power in the Com- mons had resulted from questions relating to taxation. The peo]3le, who paid, demanded the right to levy taxes. In 1407 the sole authority to originate money bills became fixed in the House of Commons. A question having arisen between the two houses, Henry IV. ordained that the Commons should "grant," and the Lords "concur in," appropriations of money, which should be reported to the king "by the mouth of the Speaker of the Com- mons." Attempts were made by the Lords to encroach upon this power, which the Commons successfully re- sisted, even asserting that the Lords could not amend, but had only the right to consent to or reject the legisla- tion. This limitation was in force in England at the time of the Constitutional Convention. Doubtless the suc- cess of the practice influenced the Convention in placing a similar provision in the Constitution, but the reasons for it are less apparent than in the English system. The THE PRESIDENT AND LEGISLATION 117 two houses of Congress do not represent different classes. Still, the constant renewal of the House by popular elections gives the people a nearer approach to legislation through that body than through the Senate, and they are able in a measure to control the demands made upon their resources. Legislative custom has further extended this exclusive right to the initiation of bills for general expenditures. Impeachment. — '' The House of Representatives . . . shall have the sole power of impeachment " (Art. I., Sec. 2, CI. 5). This, with the power of the Senate to try all cases of impeachment (Art. I. , Sec. 3, CI. 6), will be con- sidered under the Judicial Branch of the government. (See page 156.) Senate. Executive Powers. — The peculiar powers of the Senate, which consist in the exercise of certain executive func- tions, as confirmations of treaties and appointments, will 1)0 treated in connection with the Executive Branch. (See pages 129 and 131.) 7. THE PRESIDENT AND LEGISLATION. Relation to Congress. — Before concluding the consid- eration of the Legislative Branch of the government, it remains to note the relation of the President to the law- making power. He is not a member of either house. Only in the case of a disagreement between them as to the time to wliich to adjourn can he interfere with their conduct (Art. IT., Sec. 3). His character as a legislator nsembles that of a third house. It has been said : 118 THE FEDERAL GOVERNMENT The President represents the jieople at large — the Nation; the Senate, the people in separate commonwealths — the States; the House of Representatives, the same people in small com- munities — Congressional Districts. Veto Power. — Still, in his legislative capacity lie cannot originate legislation. His power lies in his authority to check congressional action. Every bill which shall have passed the House of Representa- tives and the Senate, shall, before it become a law, be presented to the President of the United States ; if he approve he shall sign it, but if not he shall return it, with his objections to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be de- termined by yeas and nays, and the names of the persons voting for and against the bills shall be entered on the jovirnal of each house respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law. Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States ; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be I'epassed by two thirds of the Senate and House of Representatives, accord- ing to the rules and limitations prescribed in the case of a bill. (Art. I, Sec. 7, CI. 2 and 3.) This power of the President is called the '^ veto power," and his neglect to sign a bill remaining in his hands after THE PRESIDENT AND LEGISLATION 119 the adjournment of Congress is called a "pocket veto." The veto power is somewhat monarchical in its character, and was derived from England, though an early and democratic form was exercised by the Iloman tribunes. It is worthy of note that no English ruler has employed the veto since 1707, while it has been constantlv exercised by the President, and has, in this country, prevented much harmful legislation. It is, however, not an abso- lute power, for it may be overridden by a sufficient majority in Congress, in which case the bill is said to be passed '' over the President's veto " ; but so great is the influence of the Executive that such action is rarely attempted and seldom successful. CHAPTER III. THE EXECUTIVE BRANCH. /. THE PRESIDENT AND VICE-PRESIDENT. Separate Executive. — The Convention of 1T8Y adopted at the very outset the principle that the executive branch of the government should be separate and distinct from the legislative and judicial branches. Executive under the Confederation. — A large part of the weakness of the Confederacy had been attributed to the cumbersome method of vesting all governmental powers in one representative body. But this was only a partial cause, for the executive powers granted by the Articles were so limited that they would not have been efficient even if exercised by a distinct department. The separa- tion of the legislative and executive branches is not abso- lutely essential to a strong and stable government. The laws of Great Britain are to-day administered by a min- istry which is, in fact, a committee chosen from the party having a majority in the House of Commons. Reason for a Separate Executive.— In 178Y English writers and statesmen helieved that the government of England possessed distinct branches, while in her Ameri- can colonies such distinction had been actual. The dele- gates, therefore, familiar with this principle and believing THE PRESIDENT AND VICE-PRESIDENT 121 that the unity of powers under the Confederation had been a failure, deemed this separation necessary, and adopted it as the basis upon which to erect the new gov- ernment. Difficulty of Organizing Branch, — There was no subject more carefully discussed or in reo^ard to which there was more diversity of opinion than the organization of the executive department. There was ample material in the governmental experience of the Confederacy for the con- struction of the legislative branch, l)ut the executive powers to be granted presented a subject which caused much speculation, debate and the gravest anxiety. Number of Executive. — The first step was to decide the number of persons who should constitute the executive. Arguments were advanced in favor of three persons with equal powers, and also in favor of a single executive. To the former proposition it was objected that any division of responsibility would induce corruption, that disagree- ments would delay and w^eaken executive action and that it was needless for this branch of government to be delib- erative in character, as its sole duty was to enforce the laws. These ol ejections, and the experience of most of the delegates in their state governments, prevailed, and it was decided that " the ex ecutive power sluill be vested in a President of the United St ates of America" (Art. II., Se"cri, CI. 1). Election of President.— The manner of his selection Avas then considered. Upon this there ]n'evailed the widest difference of opinion, and it was not fi;>ally decided until the last two weeks of the sessions. The " Virginia Plan " provided that the executive should be appointed by the 122 THE FEDERAL GOVERNMENT national legislature. Three other modes were proposed ■ — (1) ^ ^ elector s chosen by the pe ople; (2) hy the state executives; and (3) by the people directly. The first of these propositions was, after much discussion, adopted, and it was provided that : Eac h State s hall appoint , in such manner as the legislature thereof may direct, a num ber of electors, equal to the whole numberjo f Senators and . Represent atives^ to. winch the State may be entitled in the Congress ; bivTno'Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. The electors shall meet in their respective States, and vote b y ballotf^ r-two persons, of whom one at least shall not be an inhabitant of the same State with themselves. And they shall make a list of all the persons voted foi', and of the number of votes for each ; which list they shall sign and certify, and transmit sealed to the seat of government of the United States, directed to the'Pres ident of the Sen ate- The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors ap- pointed ; and if there be more than one who have such majority, and have an equal number of votes, then the ppuse of Represent- atives_ shall immediately choose by ballot one of them for Presi- dent ; and if no person have a majority, then from the live hiffhest on the list the said House shall in hke manner choose the President. But in choosing the President, the votes shall be taken by States , the representation fi-om^^aciu^tate having one vote ; a quorum for this x^urpose shall consist of a member or members from two thirds of the States, and a majority of all the States shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors sIkvII be the A'^ice President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice President. (Art. II., Sec. 1, CI. 2 and 3.) THE PRESIDENT AND VICE-PRESIDENT 123 In 1804 the third clause was amended as follows: The electors shall meet in their respective States, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same State witli themselves ; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all jiersons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Repre- sentatives, open all the certificates and the votes sliall then be counted. The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of electors appointed ; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the ^ouse of Represen tatives shall choose immediately, by ballot, the President. But in choosing the Present, the vote shall be taken by States, the representation from each State having one vote ; a quo rum, for this purpose shall consist of a member or members from tvyo thirds o f the States, and a majority of all the States shall be necessary to a choice. And if the House of Representa- tives shall not choose a President whenever the right of choice shall devolve ui)on them, before the fourth day of March next fol- lovving, then the Vice-President sliall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice-Presi- dent, shall be the Vice-President, if such number be a majority of the whole number of electors appointed, and if no person have a. majority, then from the two highest numbers on the list, the Senate s hall choose the Vice-Pi*esident ; aquorum for the purpose shall consist of J. ^o-thirds_ of the whole imnitierof Senators, anU. a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the oflice of Presi- dent shall be eligible to that of Vice-President of the United States. (Amendment XII.) 124 THE FEDERAL GOVERNMENT Electoral College. — The electors thus chosen in the sev- eral States form the ^ ^ Electoral College . ' ' It was the belief of the framers of the Constitution that the electors in each State would form a deliberative body which would discuss the merits of different statesmen and cast their votes for the one best fitted for the presidency ; but with the first election in which party lines were strictly drawn (1796), the electors cast their ballots for the persons who were the recognized candidates of political parties ; and since that time, with but a few unimportant excep- tions, the electors have voted for their party's candidate. It is the usual custom that a State's electors are roted for on a general ticket by all the qualified voters of the State. Each State, however, may prescribe its method of select- ing electors. In the election of 1892 in Michigan, two electors were chosen on a general ticket by the State at large, and one by the people of each congressional district. Time of Election and Meeting. — The Constitution pro- vides that : The Congress may determine tlic time of choosing tlic electors, and tlie day on which they shall give theii* votes; which day shall be the same throughout the United States. (Art. II., Sec, 1, CI. 4.) Tho election of electors occurs on the first Tuesday next after the first Monday in ISTovember of each year divisible by four. The meetings of the electors in their respective States take place at the state capitals on the second Monday in January following their election. After the votes have been cast, the electors prepare tripli- cate certificates of the result, signed by all of them ; one THE PRESIDENT AND VICE-PRESIDENT 125 of these is mailed, and another sent by special messen- ger, to the President of the Senate ; the third is deposited with the District Judge of the federal district where the meeting is held. Counting the Ballots. — The counting of the electoral votes, which occurs on the second Wednesday in Feb- ruarv, has been done under joint resolution of the two houses of Congress, but the Constitution does not provide how it shall be done or who shall determine between the certificates received from two contesting sets of electors in the same State : this was fixed bv statute in lss7. President's Term of Office. — In determining the Presi- dent's term of office the Convention was influenced chiefly by the method of his selection. The original ])roposition was for a term of seven years, as it was deemed that a long term would make him more independent of the legis- lative branch ; but when the choice of the executive was given to a representative body entirely distinct from the national legislature, the reason for a long term disap- peared, and it was provided that " he shall hold his office during the term of four years," . . . (Art. III., Sec, 1, CI. 1). Through custom, however, it has become a settled rule that no person shall fill the office of President for more than two successive terms, a rule established by the action of Presidents Washington and Jefferson, who both declined to become candidates for reelection after serving for two terms. Time of Inauguration. — By a resolve of the Congress of the Confederacy, the l*resident chosen under the Consti- tution was to be inaugurated on the first Wednesday in March, 1789. This happened to be the fourth day of the 126 THE FEDERAL GOVERNMENT month, so tliat tho terms of succeeding Presidents liave all commenced on tliat date, except when it is Sunday, and then on the succeeding day. Ceremony of Inauguration.— The ceremony of inaugura- tion takes place at Washington. An hour or so before noon tho President-elect is conducted by the committee having the matter in charge to the Executive Mansion, where he joins the outgoing President, and seated at his left they are driven to the Capitol. In the presence of the assembled people the oath provided for in the Consti- tution (Art. II., Sec. 1, CI. 8) is administered upon an open bible by the Chief Justice of the United States. The President then delivers an address, after which, accompanied l)y the former President seated at his left, he returns to the Executive Mansion and reviews the mili- tary and civic organizations which form the inaugural procession. Qualifications. — The provisions of the Constitution re- lating to the qualifications for President are that: No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eli- gible to that affice who sball not have attained to tbe age of tbirty- five years, and been fourteen years a resident within the United States. (Art. II., Sec. 1, CI. 5.) The provision relative to a person Avho was a citizen of the United States at the time of the adoption of the Con- stitution was only applicable for a short period after 1787. The further provision that he must have resided fourteen years within the United States should probably be read in connection with the last, but may apply to the THE PRESIDENT AND VICE-PRESIDENT 127 whole clause. The question has never yet arisen. The qualification that the President should be a landowner was discussed by the Convention, but was rejected as limiting the choice of the electors to a class, and thus being contrary to republican institutions. Compensation. — A subject constantly before the Con- vention, when considering the mode of electing the Presi- dent, was the evil of making the latter in any way de- pendent upon the legislative branch. In order, therefore, to make the President independent of Congress for his support, the Constitution provides that: The President shall, at stated times, receive for his services, a com- pensation, which shall neither be increased nor diminished during the period for which he may have been elected, and he shall not receive within that period any other emolument from the United States, or any of them. (Art. II., Sec. 1., CI. 7.) The Government, however, pays the larger part of the President's official expenses. The act of 1793 fixed the annual salary of the President at 825,000, which Avas in- creased in 1S7?> to i?50,000. The Vice-President. — Since the President was to be elected for a fixed term, it was provided that: In case of the removal of the. President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President [chosen for the same term (Art. II., Sec. 1., CI. 1) ], and the Congress may by law provide for the case of removal, death, resignation or in- ability, both of the President and Vice President, declaring what officer shall then act as Pi-esident, and such officer shall act ac- cordingly, until the disability be removed, or a President shall be elected. (Art. 11. , Sec. 1, CI. 6.) 128 THE FEDERAL GOVERNMENT Election of Vice-President. — The provision for the elec- tion of the Vice-President (which is made in Article II., Section 1, Clause 3, and changed by Amendment XII.) differed from the provision for the election of the President in the original clause in not requiring a major- ity of the electoral votes, but only that the person hav- ing- the next highest number to the President should be Vice-President, On the adoption of Amendment XIL, Avhich provided that the electors should designate their choice for President and Yice-President separately, the requirement of a majority was applied to both offices. Another difference is that in case there is no choice of a President by the electors or the " House," " the Vice- President shall act -as President, as in the case of the death or other constitutional disability of the President." Succession to the Presidency. — By force of an act of Con- gress, which came into effect January 19, 1886, in case of the death, resignation or inability of both the Presi- dent and Yice-President, the Secretary of State (if he is qualified to be elected President), and after him the Secretary of the Treasury, Secretary of War, Attorney- General, Postmaster- General, Secretary of the Navy and Secretary of the Interior, in this order, will hold the office of President until the disability ceases or an- other President is chosen. Before 1886 the F resident pro tempore of the Senate and the Speaker of the " House " would, in turn, have succeeded to the Presidency in such an emergency. The death of Vice-President Hendricks in November, 1885, called attention to the fact that, in case of the death of the President, a political opponent might, under the former act, succeed him. To avoid EXECUTIVE POWERS 129 such a possibility the act establishing the succession was changed. 2. EXECUTIVE POWERS. Military Power. — The Constitution provides that: The President shall be Commander in Chief of the Army and Navy of the United States, and of the militia of the several States, when called into the actual service of the United States ; . . , (Art. II., Sec. 2, CI. 1.) Although no President has ever taken the field in this capacity, he is responsible for the conduct of military operations and possesses the implied war powers of open- ing hostilities and instituting a blockade. (See page 197.) Classification of Civil Powers. — The civil powers of the President may be divided into five classes: 1. The Veto Power. 2. The Appointing Power. 3. The Pardoning Power. 4. The Power to conduct the relations with for- eign countries. 5. The Power to administer the internal affairs of the nation. 1. Veto Power. — The Veto Power has been discussed in considering the legislative branch. (Ses page 118.) 2. Appointing Power. — The A])pointing Power is that by which the President shall nominate, and by and witli the advice and consent of the Senate, shall appoint ambassadors, other j^ublic ministers and consuls, judges of the Supreme Court, and all other officers of the United States, wliose appointments are not licrcin otherwise pro- vided for, and which shall he established by law; but the Congress may by law vest tlie aiipoinimont of such infei'iorofficei-s, as they think proper, in the President alone, in the courts of law, or in the heads of departments. (Art. II., Sec. 2, CI. 2.) 9 130 THE FEDERAL GOVERNMENT Civil Service Act. —Appointments of this latter class have been limited by an act of Congress, knoAvn as the "Civil Service Act," which establishes a Commission which classifies appointive positions and examines appli- cants for appointment to the Civil Service, under which term is included ' ' the executive branch of the public service as distinguished from the military, naval, legis- lative and judicial." The names of those who pass the examination, which is educational in character, are placed upon a list in the proper class, and an appointment to any classified office must be made from the list of that class. In the "Classified Civil Service," however, are included no officers whose appointments are subject to* the approval of the Senate, or who, holding positions of responsibility, could afi'ect the polic}^ of the Government. Spoils System. — The limitation of the appointing power by the Civil Service Act was the outcome of a popular movement against what is known as the " Spoils System." Since the time of Presi- dent Jackson it had been customary to create vacancies in the civil service by removal for tlie sole purpose of filling them with mem- bers of the political party in control, on the principle that " to the victors belong the spoils." Activity in the party rather than per- sonal fitness thus regulated appointments. The chief evil of this system was not so much the weakening of the government service through the periodical appointment of inexperienced and ineffi- cient officials as it was its corrupting influence on political parties. ■' Spoils " became the object of success in elections, and large sums were contributed by those in office to their party organizations to retain their positions, while the chief aim of their political oppo- nents was to obtain the offices. Party principles and great national questions were lost sight of in this scramble for office, until public opinion became so strong again.st the evil that an organized move- ment for "Civil Service Reform" was commenced, resulting in the present laws. Its beneficial effects have already been felt EXECUTIVE POWERS 131 in the improvement in the govei-innent service and in lessening the corruption in the political parties. Executive Sessions. — Xominations by the President of officers for \vhose appointment the Constitution requires senatorial consent are sent to the Senate by special mes- senger. The consideration of such nominations, and also of treaties, is held by the Senate behind closed doors, the public being excluded. Sessions of tEis character are termed " executive sessions," because the Senate is exer- cising an executive and not a legislative function. From the fact that they are held secretly, the term ' * executive ' ' is noAV generally applied to any secret session of the legis- lative bodv, without reference to the power which is being exercised. Appointments during Recess of Senate. — The Constitu- tion also provides that: The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session. (Art. II., Sec. 2, CI. 3.) This clause applies only to such appointments as require senatorial consent. It is further provided that the Presi- dent "shall commission all the officers of the United States" (Art. 11., Sec. 3). Removals. — There is connected Avith the appointing power the implied power to remove by dismissal a civil officer who fails to perform his duties or acts against the polic}^ of the Government. ^Military and naval officers, however, are removed by court-martial ; and members of the judiciary only b}' impeachment. 132 THE FEDERAL GOVERNMENT 3. Pardoning Power. — The Constitution provides that the President shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. (Art. XL, Sec 2., CI. 1.) The pardoning power includes the right of j)ardon, amnesty, reprieve and commutation of sentence. A PARDON is an act of the executive by which a person convicted of a crime is exempted from the punishment imposed bv law. A gen- eral pardon, which applies to a number of persons guilty of the eamo offense, is termed an amnesty. A reprieve is the temporary suspen- sion of the execution of a judicial sentence. A commutation of a sen- tence is lessening the severity of the punishment which the law imposes. Necessity of Power. — This power is necessary, to rectify errors of justice, but is not applicable to impeacliment, because the Court of Impeachment is the highest instru- ment of the sovereignty, before which even the President and Justices of the Supreme Court can be smnmoned and tried. 4. The Power to Conduct the Relations with Foreign Nations ; Treaties. — This power authorizes the Presi- dent, " by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators pres- ent concur" (Art. II., Sec, 2, CI. 2). As the local inter- ests of a State may be involved in a treatv, the Senate, which represents the States, is given a voice in its adop- tion. Thus the President in ratifying a .treaty represents the people in general, and the Senate the States. A treaty, or a ''convention," as it is sometimes called, is a compact between two or more sovereign states for their general welfare. EXECUTIVE POWERS 133 Treaty-making. — The usual method of entering- into a treaty with a foreign government is as follows : The negotiators, who may be either the Secretary of State and the diplomatic represent- ative of the other government, our minister to the other country and its minister of foreign affairs, or connnissioners especially ap- pointed for the purpose, meet and exhibit their credentials, which must be plenary. The usual commission of an ambassador or minister is not svifRcient; he must have a special commission giv- ing him power to negotiate this particular treaty. Drafting and Ratifying.— Tlie negotiators submit drafts of the proposed treaty and suggest changes until an agreement is reached. It is then prepared in auplicate and the treaty is " celebrated " ; that is, signed by the negotiatoi-s. In each of tliese duplicates, or "counterparts,"' the text of the treaty appears in English and in the language of the nation with which it is made. The treaty is then delivered to the President, who, if he approves, sends it to the Senate for ratification. When approved by two thirds of the Senators present it is returned to the President, who signs it and causes the Great Seal of the United States to be affixed. Exchange of Ratifications.— The Secretary of State, or a commissioner with a special commission for this purpose, meets a commissioner of the other government, which has meanwhile ratified the treaty, and "ratifications are exchanged"; that is, the treaty signed by the President is delivered to the foreign com- missioner and the treaty signed by the sovereign or president of the other country is given to the American representative. Treaty Proclaimed. — As soon as the exchange of ratifica- tions takes place, a ]n'oclamation, containing the te.xt of the treaty, is issued by the Secretary of State in the name of the President, and it becomes a law of the United States. Peace and Armistice. — As peace is made by treaty, the President can, with the consent of the Senate, make peace, and, without such consent, enter into an armistice for the cessation of hostilities, looking toward peace. 5. The Power to Administer the Internal Affairs of the Nation. — This power is imjilied by the clause, " lie shall 134: THE FEDERAL GOVERNMENT take care that the laws be faithfully executed " (Art. II., Sec. 3). Power to Convene Congress. — In connection with the two powers last discussed, the President " may, on extra- ordinary occasions, convene both houses, or either of them" {f(l-). Such occasions may be the consideration of a treaty, the probability of war, the necessity of pre- serving the credit of the country or providing funds to conduct the government, 3. THE EXECUTIVE DEPARTMENTS. Created by Congress. — The Executive Departments, through which the President conducts the affairs of the nation, are recognized, although not directly established by the Constitution. They have been created and their duties defined by acts of Congress. The Cabinet. — The Heads of Departments, as they are termed in the Constitution, form the " official family " of the President, and as such are called the Cahinet. They are appointed by the President, Avith the consent of the Senate, and can be removed by him at his dis- cretion. 1. The Cabinet. Origin. — The Cabinet is not recognized by the Consti- tution. Although the advisability of such a council was discussed in the Constitutional Convention, it was not established because of a fear that it would lessen the responsibility of the chief magistrate to the people. But it was provided that the President THE EXECUTIVE DEPARTMENTS 135 may require the opinion, in writing-, of the iwincipal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, . . , (Art. II., Sec. 2.) Early in our history there was introduced the custom, which still continues, of having these officers meet with the President to consult upon important matters, so that the Cabinet has become a recognized part of our system of national government. Meetings. — The Cabinet usually meets twice a week, but may be convened at any time. At these meetings the policy of the Government is discussed, but the Presi- dent is not bound by the opinions expressed, and so his responsibility to the people for any executive act is in no way lessened. Cabinet in England and the United States. — The word " Cabinet " is an adoption from the English term applied to the body of public ministers who enforce the laws. In Great Britain it possesses the executive authority ; its members sit in Parliament and are responsible to that body and to the sovereign for their acts. In the United States the Cabinet is merely an advisory body to the President, and neither the President nor any cabinet officer can, under the Constitution (Art. I., Sec. 6, CI. 2), be a member of the Senate or House of llepresentatives. 2. The Departments. When Created. — The Executive Departments of the government were originally four in number — the Depart- ment of State, the Treasury Department, the War De- partment and the Department of Justice. To these were added in 1798 the Navy Department, in 1829 the Post 136 THE FEDERAL GOVERNMENT Office Department, in 1849 the Department of the Interior, in 1889 the Department of Agriculture, and in 1903 the Department of Commerce and Labor. Official Heads The heads of these nine Departments are respectively the Secretary of State, the Secretary of the Treasury, the Secretary of War, the Attorney-Gen- eral of the United States, the Secretary of the Navy, the Postmaster-General, the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Commerce and Labor. These officers, appointed by the President, form the Cabinet and constitute the President's official advisers. («) Department of State. DutieSo — This Department has charge of the corre- spondence with agents of the United States in foreign coun- tries, of negotiations with the diplomatic agents of other governments and of the general conduct of foreign affairs. Duties of Secretary of State, — The Secretary of State, besides directing the affairs of his Department, is the cus- todian of the great seal of the United States. He is charged with the promulgation of the laws ; with giving notice of proposed constitutional amendments and with their promulgation when adopted ; with notifying the state authorities of vacancies in the offices of President or Vice-President ; and with issuing proclamations and other presidential communications of a public character. Passports. — ^The Secretary of State can grant passports to citizens of the United States who go abroad intending to return. K passport is a certificate that the jDerson de- scribed in it is a citizen of the United States, and is used THE EXECUTIVE DEPARTMENTS 137 for the purpose of identification and to obtain tlie protec- tion and riglits to which he is entitled. Diplomatic and Consular Sei-vice. — The agents of the United States in foreign countries are of two classes: diplomatic and consular. Diplomatic Service. — A Difloraailc Agent is an official accredited — that is, sent with credentials of his character and rank — to a foreign sovereign or government, whose duty is to conduct the official intercourse between the United States and that sovereign or government, which is done through the Minister of Foreign Affairs of the other country. The conduct of such intercourse is termed diplomacy. There are four grades in the Diplomatic Service, which rank'^in the order given: (1) Ambassadors; (2) Ministers Plenipotentiary ; (3) Ministers Eesident; and (4) Charges d' Affaires. An Amhassador is supposed to be the representative of the person of the sovereign, and as such entitled to special privileges, among which was claimed the right to deal directly with the sovereign to whom he is accredited. This important privilege is, however, denied by later authorities, and ambassadors differ from other diplomatic representatives only in rank, which affects their social rather than their official standing. A M-mister Plenipotentiary, or, to give him liis full title, " Envoy Extraordinary and jMinister Plenipoten- tiary," represents the affairs, not tlie person, of the sov- ereign.* The word " plenipotentiary " never possesses its full meanino; in this connection. 'G * There being no one individual in the United States who possesses the sovereignty, representation of the sovereign's person is in a measure tic- 138 THE FEDERAL OOVERNMENT A Minister Reddent differs from a Minister Plenipo- tentiary only in grade. A Charge cf Affaires represents the Secretary of State, and is accredited to the minister of foreign affairs of the government to Avhich he is sent. A Charge d"^ Affaires ad interim is an official who, during the absence of an ambassador or minister, performs his duties. lie is usually the first secretary of the embassy or legation. Diplomatic Commissioners. — Besides these diplomatic agents, a commissioner, with the rank of one of the first two grades, is sometimes appointed for a special purpose, such as the negotiation of a treaty or the settlement of claims. Diplomatic Privileges. — Diplomatic agents and their at- taches possess certain exceptional privileges which are universally recognized. For example, they are exempt from criminal prosecutions and actions at law, and their persons and property are protected from seizure or injury. Duties of Diplomatic Agents. — The principal duties of diplomatic agents are the negotiation of treaties, the set- tlement of claims and disputes between the two govern- ments, the protection of citizens of the United States, the issuance of passports and the reporting to the Secretary of State the political events which occur in the country where they reside. Persona non Grata. — In case a diplomatic representative is persona non grata — that is, one personally objectionable to the titious and difficult of application. The distinction between ambassadors and ministers is 'based upon monarchical institutions, but was adopted by the United States in 1893 for the purpose of gaining for our diplo- matic representatives of the first grade the consideration which only ambassadors enjoy in foreign courts. THE EXECUTIVE DEPARTMENTS 139 government to wliich he is accredited — the minister of foreign affairs notifies the Secretary of State through the regular diplo- matic channels, the minister is recalled and another is appointed who is persona grata. In the notice to the Secretary of State it is customary to give the grounds of objection, but it is not neces- sary, as the mere fact that he is objectionable to the foreign gov- ernment is sufficient. Severance of Diplomatic Relations. — When the relations between the United States and another country become strained, and war in imminent, the representative of the other nation at Washington demands or is given his pass- ports, or safe conduct, and he is expected to leave this country at once. The United States representative to the other government is also given or demands his pass- ports, and leaves the country. Thus diplomatic relations are broken off. Whatever official intercourse occurs be tween the two governments after their dij^lomatic agents have been withdrawn is carried on through the ministers of other countries. Consular Service. — The Consular Service is divided into four grades: (1) Consuls-General; (2) Consuls; (8) Com- mercial Agents; and (4) Consular Agents. A member of the Consular Service is an agent of the United States in a foreign country, to protect its citizens and commercial interests. Before he can begin liis services his commission is forwarded to the diplomatic represent- ative of the United States, who applies to the minister of foreign affairs of the country to which the officer is commissioned for permission for him to perform his con- sular duties. This permission is called an exequatur, and whenever it is revoked the consular officer must cease to act. 140 THE FEDERAL GOVERNMENT A Consul- Geneixil is sent to a country with which the United States has large commercial interests. He has supervision of the entire consular service in such country ; and in certain countries (such as Great Britain, France, Germany, Italy, etc.) all consular officers send their reports to the Department of State through their Con- suls-General. A Consul has charge of the commercial relations be- tween the United States and a certain district, in which he is authorized to perform his duties. Consuls-General and Consuls are appointed by the President, with the advice and consent of the Senate. A Commercial Agent differs from a Consul chiefly in rank. He is appointed by the President alone. Such an officer is usually not recognized by the countr}^ to which he is sent ; but it is customary for the United States to request an exeqtiatiir to be issued to its Commercial Agents. A Consular Agent is an official appointed by the Presi- dent to act in part of a district in which the Consul is unable to perform his duties alone. A Consular Agent is under the supervision of, and reports to, the Consul of the district. Besides these regular grades there are vice- consular officers (such as Yice-Consuls-General, Yice- Consuls, etc.), who jierform the duties of their superiors during the temporary absence of the latter. Duties of Consular Officers. — The chief duties of Con- suls are to report to the Secretary of State the conditions of trade between the United States and their districts and to make suggestions in relation to their improvement ; to authenticate papers ; to settle disputes between American THE EXECUTIVE DEPARTMENTS 141 sea captains and their crews ; to give aid to sliip wrecked or indigent citizens of the United States ; and in the ab- sence of a diplomatic agent (as in colonies such as Canada or Australia) to issue passj3orts. No Official Privileges. — Consuls possess none of the im- munities enjoyed by diplomatic officers. They are sub- ject to the laws of the country where they reside, both criminal and civil. There is generally an exception to this rule in half-civilized and non-Christian countries, where by treaty they are given diplomatic privileges. {!>) Treasury Dejyartment. Duties. — This Department has the management and custody of the finances of the United States, and super- vision of the National Banking Svstem. Collection of Revenues. — It collects the customs duties, and to prevent violations of the tariff laws has a number of vessels, known as "revenue cutters," whose chief duty is to patrol the coasts and seize smugglers. It also collects the internal revenues and enforces the revenue laws. To prevent their violation, to apprehend counter- feiters and to protect the government funds, it employs a corps of agents and detectives, known as the "Secret Service." Coinage. — The Treasury Do]iartment has charge of the mints and coins the money of the United States. The Bureau of Engraving and Printing, where the different forms of bills in circulation are made, is under this De- partmen t. Custody of Funds. — ^It also has the custody of any other 142 THE FEDERAL GOVERNMENT government funds, and disburses money as directed by the laws passed by Congress. Other Branches The Life-saving Service and the supervision of the construction of national buildings are under the control of this Department. The clerical force of the Treasury, which is the largest of any Depart- ment, belongs in a great measure to the classified civil service. Duties of Secretary of the Treasury. — The Secretary of the Treasur}^ has the special duties of making regulations for the enforcement of the customs, internal revenue and immigration laws, of making an annual report to Con- gress with an estimate of receipts and expenditures for the following year, and of publishing every three months a statement of the receipts and expenditures for the past quarter. National Banks. — A lanl'. is an association for the de- posit and loan of money, and to facilitate its transference by drafts and bills of exchange. A national hanh is one incorporated under the federal laws. National banks are under the supervision of a bureau of the Treasury Department, at the head of which is the Comptroller of the Currency. Organization. — A national bank may be organized by not less tlian five persons with a minimum capital ranging from $25,000 to $200,000, which is determined by the number of inliabitants in the place where it is organized. After organization a bank can- not act until the Comptroller has issued to it a certificate, which must be renewed every twenty years. Deposit of Bonds ; Bank Notes.— A bank, before issuing notes, must deposit with the Treasury United States bonds equal to one fourth of its capital unless that exceeds $150,000, in which THE EXECUTIVE DEPARTMENTS 143 case the deposit of bonds must be $50,000. Upon tliis deposit the Treasury issues to the bank, at its request, National Banlv Notes for circulation to any amount less than ninety per cent, of the bonds deposited. On its note-issue a bank pays an annual tax of one per cent. Prohibitions. — A National Bank is prohil)ited from making loans upon real estate, from accepting its own stock as security, from loaning to one person an amount exceeding one tenth of its capital and from imj^airing its capital without replacing the amount within tlirec months after receiving notice from the Comptroller. Government Supervision. — Five reports a year must be made to the Comptroller at such times as he designates; and an exam- iner, appointed by him, visits a bank from time to time and reports the state of its affairs. By these means the Comptroller is kept constantly informed of the condition of each bank in the country. When a bank fails, its afFairs are placed in the hands of a re- ceiver, appointed by the Comptroller, who converts its assets into money and deposits them in the Treasury, out of which the Comptroller may from time to time declare dividends to the bank's creditors. Liability of Stockholders.— In case the assets of a bank are not suflicient to pay its debts, each stockholder may be assessed by the Comptroller to an amount not exceeding the face value of the stock which he holds. Advantage of System.— The great advantages of the National Bank System are the uniformity of banking throughout the coun- try and the security to de])osil()rs by reason of govei-nment super- vision and the Comptroller's management of the affairs cf a bank which has failed. Legal Tender. — Before leaving the financial branch of the government a brief statement should be made con- cerning "legal tender" in the United States. Legal tender is the money or currency which by law a person can require a creditor to accept in settlement of a debt. In the United States gold coins are legal tender to any 144 THE FEDERAL GOVERNMENT amount ; silver dollars and Treasury notes of the Act of 1890 are full legal tender unless limited by contract ; greenbacks (United States notes), except as interest on the national debt; national bank notes in payments to any national bank or for customs duties and debts of the Government except for interest on national bonds; silver coins of a lower denomination than a dollar are full legal tender to the amount of ten dollars ; and nickel and cop- per coins, to the amount of twenty -five cents. Coins. — Any person can send to one of the mints any amount of gold bullion, and, upon the payment of the cost of minting, called "seigniorage," have it coined into money. This privilege, being unlimited, is called "free coinage." The Treasury pur- chases the silver, Jiickel and copper which are made into coins, but only such amounts can be bought and coined as Congress authorizes. There is no free coinage of these metals. Circulating Notes. — A Treasury Note, issued under the Act of 1890, is one secured by silver dollars .stored in the Treasury. A Greenback, or United States Note, is merely a promise to pay the amount to the bearer. A National Bank Note is a promise by the bank which i.ssues it to pay the bearer the amount of it, and is secured, as has been said, by a deposit of government bonds. All varieties of circulating notes are engraved by the Treasury and are redeemed or canceled by that Department. {e) The War Department, Duties. — This Department has charge of the construc- tion and maintenance of the military stations and of the organization and maintenance of the military forces of the United States. The Department has also the direc- tion of the Military Academy at West Point, N. Y. Prior to the establishment of the Department of the THE EXECUTIVE DEPARTMENTS 145 Interior, Indian Affairs were for a time conducted by the War Department. (d) The Dejpartinent of Justice. Duties. — This Department has the general supervision of actions and proceedings brought by or against the United States in the federal courts, and also has the con- trol of the District Attorneys and Marshals of the United States. Duties of Attorney-General. — The Attorney- General is required to give a legal opinion upon any question sub- mitted to him by the President or by the Heads of the Departments, and to argue suits in the Supreme Court and Court of Claims in Avhich the United States is interested. He is required to examine and approve the title to land before it can be purchased by tho United States ; and he also examines and makes recommendations concerning applications for pardons and reprieves before they are acted upon by the President. (^') Tlie Nui'ij l)c]_)art)ihcnt. Duties. — This Department is charged with the con- struction, equipment and maintenance of the navy and naval stations, and with the organization and mainte- nance of the naval forces of the United States. The Naval Academy at Annapolis, Md., is under this Depart- ment. (/*) The Post- Office Department. Duties. — This Department controls the foreign and domestic postal service of the United States. Its em- 10 146 THE FEDERAL GOVERNMENT ployees, excepting postmasters, are generally subject to the civil service laws. Powers of Postmaster-General The Postmaster-Gen- eral is empowered by law to institute and discontinue post-offices, and, with the consent of the President, and without the consent of the Senate, to negotiate postal treaties with foreign nations. (f/) The Department of the Interior. Duties This Department has charge of the public lands, including mines, the care of Indian tribes in the United States, of education, and of the railroads in which the United States has an interest. Patents ; Pensions The issuing of patents belongs to this Department, as does the granting of pensions. A pension is a stated allowance granted to soldiers and sailors disabled by wounds incurred or disease contracted in the service of their country, and also, under certain conditions, to their widows and children. (Ji) The Department of Agriculture. Duties This Department is devoted to the securing, preservation and publication of information relative to all branches of agriculture, the collection and distribution of seeds among agriculturists, the inspection of cattle and meats exported, and the prevention of diseases among live stock. Weather Bureau This Department has charge of the Weather Bureau, which issues daily weather maps and forecasts for the succeeding twenty-four hours. The work of the Weather Bureau is particularly valuable along the THE EXECUTIVE DEPARTMENTS 147 coasts and on the Great Lakes in giving timely warning of approaching storms, and also in making a study of the climate of the United States. (Q The Department of Commerce and Labor. Duties It is the duty of this Department to pi-omote trade, transportation and fisheries, and the laboring and manufacturing interests of the country. To this end, it has charge of lighthouses, the coast survey, immigration and foreign commerce. It also embraces the Fish and Labor Commissions and takes the national census every ten years. Bureaus The Bureau of Manufacturing is charged with the development of manufacturing industries and markets for the same at home and abroad. The Bureau of Corporations is empowered to investigate the manage- ment of corporations doing business in two or more States and report the same to the President for the purpose of recommending; legfislation. (/) Commissions^ Bureaus, Etc. Besides these Departments, there belong to the Execu- tive Branch of the government the Civil Service Commis- sion., already spoken of; the Interstate Commerce Com- mission., which has supervision of railroads which pass from one State into anotlier ; the Government Printing Office, which publishes the " Congressional Record," presi- dential messages, reports and all other official documents ; the Librarian of Congress, who is in charge of the Library of Congress and of the issuance of Copyrights ; and other bureaus in charcje of the national museums and scientific collections. 148 THE FEDERAL GOVERNMENT 4. DUTIES OF THE EXECUTIVE. Implied Duties of President. — The duties of the Presi- dent are chiefly those implied in the powers vested in him, and for the proper exercise of which he is respon- sible. Annual and Other Messages. — ^There are certain of his duties, however, which are specified in the Constitution. It is provided that: He shall from time to time give to the Congress information of the state of tlie Union, and recommend to their consideration such measures as he shall judge necessary and expedient ; . . . (Art. n., Sec. 3.) Custom has established that at the opening of each session of Congress the President shall send to the two houses an Afuiual Message containing a review of the foreign and domestic affairs of the United States during the preceding 3'ear, and outlining what he deems the best policy as to existing conditions. The President may also submit a special message to Congress at any time when a question of importance arises which demands legislative action, with or without expressing his opinion as to the course to be pursued. Mode of Delivering Messages. — Presidents Washington and Adams delivered their annual communications orally, but President Jefferson inaugurated the custom, since fol- lowed, of sending them in writing, to be read before the two houses.* * Presidents Washington and Adams, at the opening of each regular session of Congress, complied with the constitutional requirement by DUTIES OF THE EXECUTIVE 149 Reception of Foreign Representatives. — The President is also directed by tlie Constitution to "receive ambassa- dors and otlier public ministers " (/c/.). A diplomatic representative delivers his credentials to the Secretary of State, and, if the}^ are satisfactory, he is officially pre- sented by the latter officer to the President and becomes the recognized agent of his government. In case t\vo governments exist in the same country, it rests with the President to determine whicli of their agents represents the sovereignty. Sole Responsibility of President. — The President " shall take care that the laws be faithfully executed " {Id.). This provision emphasizes his sole responsibility for the proper administration of national affairs, and prevents any question being raised as to the division of such re- sponsibility. personally delivering an "Annual Address," or "Speech," to the two houses of Congress, which met jointly for that purpose; and to this address each house replied through its presiding officer. All other communications of the Executive were by "Special Message," a copj' of which was sent by messenger to each house. President Jefferson, at the opening of the first session after his inauguration, sent a memo- randum to Congress stating that he deemed it advisable not to make the annual communication "bj'^ personal address," but to adopt the method " by message " which had been employed by his predecessors on all special occasions. 150 THE FEDERAL GOVERNMENT THE EXECUTIVE BRANCH. THE PRESIDENT. Powers. Military. [" Army. Command of -l Navy. [ Militia. Conduct of military operations. Begin hostilities. Institute a blockade. Civil. < Veto. Appoint Pardon Ambassadors. Public Ministers. Consuls. Judges. Other officers of the United States. 3 Classified. I Unclassified. Pardon. Amnesty. Reprieve. Commutation of sentence. Civil Service Conduct foreign relations } Convene Congress for these ^ Administer internal affairs ) purposes. Duties. ' Give information \ . r^ ■< S Annual \ ,, ^ , > to Congress by i ^ • ^ \ Message, Recommend measures S ^ '' ( Special ) Receive foreign representatives. Execute the laws. THE EXECUTIVE DEPARTMENTS 151 THE EXECUTIVE DEPARTMENTS. Department of State. Custody of the Great Seal. Promulgate laws. Give notice of ) Constitutional Secretary of State Correspondence with and direction of Promulgate Issue Diplomatic service Amend- ments. Proclamations. Presidential Communica- Passports. [tions. Ambassadors. Ministers Plenipotentiary, j Ministers Resident. [ Charges d' Affaires. f Consuls-General. Consular service J Consuls. I Commercial Agents. 1^ Consvdar Agents. _ Negotiations with foi'eign diplomatic agents. Treasury Department. Customs, [nue. Internal reve- Secretary of the Treasury Collection of Make Regula- tions Coinage Immigration. Annual estimate. Publish quarterly statement. Customs duties. Internal revenue. r Gold. Silver. Nickel. ^ Co])per. ( Treasuiy notes. Coins Circulating notes U. S. notes (Greenbacks), National bank notes. Supervision of national banks Custody and Disbursement of All government funds. Direction of Life-saving service. 'Construction of National Buildings, etc. 152 THE FEDERAL GOVERNMENT War Department. Secretary of War : Construction and ) j. .,.. ^ ^' , -, . S of military stations { Maintenance ) Organization and ) . , , „ -, ^ ^ ot laud torces. Maintenance ) Department of Justice. Advise ( President. Heads of departments. Argue U. S. \ Supreme Court. The Attorney- j suits | Court of Claims. General \ Examine and |^ Titles to lands purchased Approve j by the United States. Examine and } . , T^ T - as to pardons. Recommend \ ^ Supervision of legal actions when United States a party. ^ ^ 1 J. ( District Attorneys. ^Control of ^ Marshals. Navy Department. Secretary of the Navy : Construction, ) r -k^ Equipment and \- of - ^.^;^' ^^^^j^^^^ Maintenance ) Organization and ) ^^ ^^^^j ^^^^^^^ Maintenance \ Post-Office Department. '' -n . , i Institute and ) -d .. «: Postmaster- ) r\- ^- r Post-othces. ^1,1 -{ Discontinue ) irenerat ^ Negotiate postal treaties. Control of i)Ostal ( Foreign, service. \ Domestic. Department of the Interior. Secretary of the Interior: r Public lands. ^, , I Indians. ^^•■^ «^ \ Education. ( Railroads. Issuance of patents. ^ Granting of pensions. Promote -: THE EXECUTIVE DEPARTMENTS 153 Department of Agriculture. Secretary of Agriculture : Freservatiou and ) . • ^. ^ • c Ti , ,. ^. - or aijricultural iniormation. 1 ublication \ ° Collection, ) Testing and >• of seeds. Distribution ) nspection oi exported - -. , Prevention of diseases among live stock. Weather Bureau. Department of Commerce and Labor. Secretary of Cotiinierce and Labor : Trade. Transportation. Fisheries. Labor and Manufacture. Lighthouses. Charge of - Coast survey. ( Foreign commerce. Enforcement of immigration laws. Taking and } s ^- i -D ■^^• ^- - 01 national census. Publication ) Bureau of manufacturing. Bureau of corporations. Civil Service Commission. Interstate Commerce Commission. Commissioner of Labor. Fish Commission. Government Printing Office. I .. . , r^ ( Charge of ConS by Amend- ment XI,, which provides: The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or pi'ose- 164 THE FEDERAL GOVERNMENT cuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State. As to Penalties. — In criminal cases the Constitution provides that excessive fines shall not be imposed nor cruel and unusual punishments be inflicted (Amendment YIII. ; see page 185). In convictions for treason the pun- ishment is limited by the provision that no attainder of treason shall work corruption of blood, or for- feiture except during the life of the person attainted. (Art. III., Sec. 3, CI. 2.) Congress, under the power granted to it by this last section, has fixed the punishment as death, or, at the dis- cretion of the court, imprisonment for not less than five years, a fine of not less than ten thousand dollars, and incapacity to hold any office under the United States. 2. Original and Appellate Jurisdiction of the Supreme Court. Original. — The original jurisdiction of the Supreme Court is confined to two classes of cases, for the Consti- tution provides: In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. (Art. III., Sec. 2, CI. 2.) Appellate. — The appellate jurisdiction of the Court is much more extensive, but is subject to congressional regulations, which pertain chiefly to limiting the classes of cases which can be appealed. The provision of the Constitution is : JURISDICTION OF THE FEDERAL COURTS 165 In all the other cases before mentioned the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make. (Id.) 3. Jurisdiction of the Inferior Courts. Power of Congress. — As these tribunals are created by Congress, it follows that their jurisdiction must be estab- lished by legislative acts, but it cannot exceed the con- stitutional limitations. Congress can, therefore, change or modify the jurisdic- tion of the different courts at any time, and this has been done in certain instances. (a) Courts of Original Jiorisdiction. The Courts. — The courts of original jurisdiction, only, are the District Courts, the Circuit Courts and the Court of Claims. District and Circuit Courts. — The District and Circuit Courts have concurrent jurisdiction of some civil actions and certain criminal cases, but all of the latter in which the sentence of death may be imposed must be brought in a Circuit Court. Admiralty cases and, generally, bank- ruptcy matters, must come before the District Courts, while cases arising under the revenue, patent and copy- right laws must be brought in the Circuit Courts. Juries. — The trial of all crimes, except in cases of impeach- ment, shall be by jury ; and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed. (Art. III., Sec. 2, CI. 3.) (See Amendments VI. and VII., pages 185 and 187.) 166 THE FEDERAL GOVERNMENT Court of Claims. — The Court of Claims has sole and original jurisdiction of claims against the United States Government generally, and in all cases which involve less than three thousand dollars its decisions are final. (h) Courts of Appellate Jurisdiction. Circuit Courts of Appeal. — ^Except in certain cases, in which Congress has provided for appeals directly to the Supreme Court, a party dissatisfied with the decision of a District or Circuit Court may appeal to a Circuit Court of Appeal; and in some cases, such as those relating to the revenue, patent, or copyright laws, or those involving less than five thousand dollars the decision of the Cir- cuit Court of Appeal is final. Supreme Court. — Except when the decision of a Cir- cuit Court of Appeal is final, a party may appeal from its decision to the Supreme Court ; and in cases involving such questions as the interpretation of the Constitution or a treaty, the conviction for a crime punishable with death or the jurisdiction of a court, a part}'" can appeal directhj to the Supreme Court without first having the case re- viewed by a Circuit Court of Appeal. It has also been provided by Congress that when a case before the courts of a State involves questions relating to the federal Con- stitution, laws or treaties, a party can appeal from the highest state court to the Supreme Court. THE JUDICIAL BRANCH 167 X u Z < n < o Q D s i •a s 03 00 £o E-O o a m a ■ Elected by the people. Executive -! Governor J ^.^'^^'l ' ,^ . . , Elected by the people or J Courts of Original ^ . ■ ^ J , ^ T . T ,. Appointed by Governor. ^ Jurisdiction j rr Judicial TERRITORIES: Legislative Executive Judicial Terkitories become States U. S. Congress Council ) Elected by the Territorial J House of Representatives ' people. Legislature 1 Limited by veto of Governor and act of Con- l gress. Appointed by President with consent of Senate. Governor Secretary Treasurer District Attorney iSIarshal Superintendent of i_ Education J Chief Justice { Appointed by President ^ ' Associate Justices * with conbcut of Senate. Justices of J- Elected by the people, by Act of Congress | before J ^^^ ^^ ^^^^^^^^_ the Peace )f Congress with Constitution adopted ' after CHAPTER YI. GENERAL PROVISIONS. National Credit. — Credit gives stability in national as well as in private concerns. A nation can better lose its armies than its credit. In consequence of these truths there was inserted in the Constitution a provision that: All debts contracted and eng-agements entered into, before the adoption of this Constitution, shall be valid against the United States under this Constitution, as under the Confederation. (Art. VI., CI. 1.) And later, after the accumulation of an enormous debt through the Civil War, an additional pledge was inserted in Amendment XIY. that: The validity of the public debt of the United States, authorized bj' law, including debts incui-red for payment of pensions and bounties for services in suppressing insurrections or rebellion, sliall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion ag'ainst the United States, or any claim for the loss or emancipation of any slave; but all such debts, obli- gations, and claims shall be held illegal and void. The Supreme Law. — Tliis Constitution, and tbe laws of the United States which shall be made in i)ui-sii,iiice thereof; and all treaties made, or wbicb sliall be made, under the authority of the United States, shall be the supreme law of the land ; and the judges in every State shall be bound thereby, anything in 182 THE FEDERAL GOVERNMENT the Constitution or laAvs of any State to the contrary notwith- standing. (Art. VI., CI. 2.) Every governmental act repugnant to the Constitution is null and void. So also with the federal laws and treaties, of which the Supreme Court of the United States has said: In every case of conflict, the Act of Congress or treaty is su- l^reme, and the law of the State, though enacted in the exercise of uncontroverted jjowers, must yield to it. As between federal laws and treaties, it is the rule that the one last made is the superior. Oath. — The Senators and Representatives before mentioned, and the members of the several state legislatures, and all execu- tive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation, to support this Constitution ; but no religious test shall ever be required as a qualification to any office or public trust under the United States. (Art. VI., CI. 3.) AmendmentSo — The Congress, whenever two thirds of both houses sludl deem it necessary', shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several States, shall call a convention for proj)osing amendments, which, in either case, shall be valid to all intents and purposes as part of this Constitution, when ratified by the legisla- tures of three fourths of the several States, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress ; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no State, without its consent, shall be deprived of its equal suff7'age in the Senate. (Art. V.) Ratification.— The ratification of the conventions of nine States, shall be sufficient for the establishment of this Constitu' tion between the States so ratifying the same. (Art. VII.) CHAPTER Vn. AMENDMENTS. Bill of Rights. — The most frequent objection to the Constitution, before it was adopted by the States, was the absence of any provision asserting and guaranteeing the inherent rights of the people. The possibility that a strong central government might become as tyrannical as that of George III. aroused grave apprehension, and to quiet this fear Congress, at its first session, proposed twelve amendments and submitted them to the States for ratification. Of these, ten were adopted in 1791. Tlie first eight constitute what is called the " Bill of Eights," a name adopted from the English Bill of Rights. Freedom of Religion and Press — Congress shall make no law respecting an establislunent of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press ; or the right of tlie people peaceably to assemble, and to petition the Government for a redress of grievances. (Amend- ment I.) The colonization of this country had been largely due to the attempts of the people to find freedom of worship, and this amendment was intended to guarantee .its con- tinuance. It does not, however, deprive the Government of its right and duty to recognize the teachings of re- ligion ; nor does it deter the Government from abolishing 184 THE FEDERAL GOVERNMENT polygamy and other immoralities when practiced under the guise of religion. This amendment also guarantees the right to freely and publicly discuss all questions re- lating to the conduct and policy of the Government, and asserts the right of the people to assemble and petition, the denial of which was enumerated among the grievances set forth in the Declaration of Independence. It does not, however, allow men to injure the reputation of their iellows bv slander or libel. Arms. — A Avell-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. (Amendment II.) Quartering of Troops.— No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. (Amend- ment III.) Both of these provisions were taken from the English Bill of Rights, and cover grievances enumerated in the Declaration of Independence. Searches — The right of the people to be secure in their persons, houses, x>apers, and effects, against unreasonable searches and seizures, shall not be violated, and no Avarrants shall issue, but upon probable cause, supported b}^ oath or affirmation, and par- ticularly describing the place to be searched, and the persons or things to be seized. (Amendment IV.) This provision is for the protection of the people against such abuses as occurred under the Writs of Assistance. It does not prevent searches and seizures which are nec- essary for the recovery of stolen property ; but it places the practice under such regulations as to protect all par- ties in their rights. AMENDMENTS 185 Rights of Accused — No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jmy, except in cases arising in the land or naval forces, or in tlie militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb ; nor shall he be compelled in any criminal case to be a witness against him- self, nor be deprived of life, liberty, or property, without due pro- cess of law ; nor shall private property be taken for public use, without just comijensation. (Amendment V.) In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation ; to be con- fronted with the witnesses against him ; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. (Amendment VI.) Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. (Amendment VIII.) These three amendments are intended as a protection to persons accused of crime. A capital crime is one of such magnitude as, to be punishable by death. An in- famous crime is one denoting a depraved mind and. pun- ishable by long imprisonment. Indictment. — A grand jury is a body of men selected by lot at stated periods from among the citizens of a defined district to inquire concerning crimes committed Avithin their districts. In most States it cannot consist of more than twenty-three nor less than sixteen persons. The OTand jury usually considers only those cases sub- mittcd to it by an officer of the court, and in secret ses- sion takes the testimony of witnesses as to the commis- sion of a crime, and decides whether the evidence is 186 THE FEDERAL GOVERNMENT sufficient to warrant an accusation. This decision re- quires the concurrence of twelve men. If it is deemed proper, an indictment — that is, a written accusation charg- ing a person Avith the commission of the crime — is pre- sented to the court, and the person therein accused of the offense is held for trial. A presentment is an informal accusation of a crime made by a grand jury upon its own knowledge in cases not submitted to it by an officer of the court. As a preliminary to a criminal prosecution the latter has fallen into general disuse in this country. Bail. — Bail is the deposit by an accused person of a cer- tain sum of money with the officers of the court, or a bond given by responsible jiersons to pay a certain sum of money to the Government, if the accused does not obey the orders of the court, such as to appear for trial. Trial. — The accused is entitled to a speedy and public trial, and can demand that it be by 2ijury, which is a body of men selected bv lot from the district within which the crime was committed, and who are sworn to impartially decide the guilt or innocence of the accused. Such a jury is called a petit jury. The accused is also entitled to know the charges against him, to hear and examine the witnesses sworn, and the Government must provide him with counsel, if he is unable to do so himself. He cannot be comjielled to testify, nor can his refusal to do so be considered an indication of his guilt. Moreover, he can only be tried once for the same offense, unless the jury fails to agree or unless he secures a new trial. Protection to Property.— Amendment Y., besides guar- anteeing life and liberty to the individual, granted him protection in his property rights, but the Government is AMENDMENTS 187 not deprived thereby of its right to take private property for public purposes whenever necessity demands. This right of the Government is called the Itlgld of Eminent Domain, and unless it existed individuals might obstruct and even prevent necessary public acts. Thus the Gov- ernment may appropriate property for roads, docks and other improvements, but it must pay a fair market value for it, which, unless the owner and the officials can agree, is determined by a jury of impartial men. Jury Trial in Civil Suits — In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than ac- cording to the rules of the common law. (Amendment VII.) Powers Reserved — The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people. (Amendment IX.) The powers not delegated to the United States by the Constitu- tion, nor prohibited by it to the States, are reserved to the States respectively, or to tlie people. (Amendment X.) Eleventh and Twelfth Amendments. — No further amend- ments were made to the Constitution until 1708, when the Eleventh was adopted. (See page 163.) In ISOi Amendment XII. was added. (See page 123.) Slavery. — It was not until 1865 that any further amend- ments were made, when the slavery question was settled by the adoption of Amendment XIII. Neither slavery nor involuntary servitude, except as a punish- ment for crime whereof the party sliall have been duly convicted, shall exist witliin the United States, or any place subject to their jurisdiction. Congress shall have authority to enforce this article by appropriate legislation. 188 THE FEDEEAL GOVERNMENT The Freedmen. — The freedmen thus created were made citizens and their rights were defined by Amendment XIV. (See pages 61, 96, 99 and 181.) This amendment, in order to extend the provisions of the " Bill of Rights " to the new citizens, further provided that no State shall deprive any person of hfe, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. Amendment XV., made in 1870, was the final step in granting full rights of citizenship to the freedmen. By the Thirteenth Amendment their freedom liad been recog- nized. By the Fourteenth they have been declared citi- zens and their civil rights have been enumerated. The Fifteenth extended to them political rights under the limitations imposed by the laws of the several States by providing that : The right of citizens of the United States to vote shall not be denied or abridged by tlie United States or by any State on account of race, color, or previous condition of servitude. The Congress shall have power to enforce this article by appropriate legislation. Object of Amendments The province of the amend- ments is briefly stated by Judge Cooley, as follows : The first amendments were for the purpose of keeping the central power within due limits at a time when the tendency to centralization was alarming to many persons; the last were adopted to impose new restraints on State sovereignty at a time when State powers had nearly succeeded in destroying the national sovereignty. RIGHTS OP CITIZENS 189 CONSTITUTIONAL RIGHTS OF PRIVATE CITIZENS. Private Rights, " Bill of Rights." S Religion. Speech. Press. Right to bear arms. ' Quartering troops. Prohibiting Not to be Right, if accused of a crime Search warrants (general), ( Houses. Confiscation of \ Papers. ( Effects. ' To be indicted by Gi'and Jury. Twice tried for same offense. Comj)elled to testify. Tohaveai?,i^^fy«"^U Trial. ( Public ) To be confronted by ) .^^., To compel attendance of j Required excessive bail. ^ , . , , ( cruel or ) Punish- Subject to Not to be unusual i ments. Right to Jury j Criminal Trial in ] Civil Life Riffht to ■{ Liberty Property Actions. and can only be deprived by due process of law. Public Rights. Prohibiting Not to deny riirht to vote Slavery. [ment for crime. Involuntar}' servitude, except for punish- Race. Color. (^ on account of ( Previous condition of servitude. PART FOURTH. PRINCIPLES OF LAW. CHAPTER I. INTERNATIONAL LAW. Definition. — International Law, or the Law of Nations, in its commonly accepted meaning, is the code of rules which civilized nations recognize by consent and usage as that which should govern their mutual intercourse. In a more general sense it comprises those principles of nat- ural right and justice which should regulate international conduct. /. RULES IN TIME OF PEACE. Divisions. — Rules in time of peace may be divided into four classes — those relating to (1) Sovereignty, (2) Terri- tory, (3) Aliens and (4) Intercourse. 1. Sovereignty. Recognition of Sovereignty. — Every state or nation is independent and sovereign, and the equal in that respect of every other state in the world, without regard to the extent, power or character of its government. In a nation with a federal form of government, this rule ap- plies to the central government alone. RULES IN TIME OF PEACE 191 Intervention. — It is a violation of a nation's sovereignty to interfere with its domestic affairs or to intervene in case of civil war. However, in extreme cases, intervention is considered justifiable upon the ground of humanity, as ^vhen a government is conducting a war with great cruelt}^, or to "maintain the balance of power," as where a nation whose increase of power may become a menace to its nei»:hbors is restrained in its aggression upon a w^eaker state. This has often happened in Europe. Of somewhat the same character was the Monroe Doc- trine, promulgated in 1823, wdiich declared that the United States w^ould " consider any attempt on the part of the allied European powers to extend their system to any portion of our hemisphere as dangerous to our peace and safety." 2. Territory. Definition. — The land over which a state has exclusive political control is its territory, and its rights of govern- ment are called territorial rights. Such territory may be acquired either by discovery and occupation, by pos- session for a long time, by conquest or by gift or pur- chase. The transfer of territory from one nation to another is termed cession. A state bounded bv the ocean, or high seas, possesses territorial rights over a strip of w^ater three marine miles wide extending along its coasts and over the sea between adjacent head- lands. Such a strip of sea is termed territorial waters. Rivers flowing between t\vo states belong to both, but rivers passing from one state into anotlier are part of the territory of each state while within its boundaries. 192 PRINCIPLES OF LAW The ships of a nation in the territorial waters of another nation must obey its laws, but on the high seas they are subject only to the laws of their own country. 3. Aliens. Definition. — Aliens are persons within a country other than that to which they owe allegiance. They are gen- erally subject to the laws of the state where they are, but this rule does not apply to sovereigns, their diplomatic representatives, or to the ships of war and military forces of other states. Rights. — A domiciled alien — that is, one having a resi- dence or a domicile — cannot usually own land or take part in the government, but he may hold other property, make contracts and claim protection of the courts, and is subject to taxation and to the requirements usually im- posed upon citizens. Aliens, however, who are travelers only, are exempt from many of these duties and are entitled to special privileges. NaturaHzation. — An alien may become a citizen of the country of his domicile by taking an oath of allegiance to the government. This is called naturalization, and nearly all nations now recognize that this act severs the , relationship of the person with the country to which he formerly owed allegiance. This severance of relationship is called expatriation. Criminals and Extradition. — Aliens who are fugitives from justice are subject to special rules. If their crimes are of a political nature they will not generally be given up on the demand of another government, but if they RULES IN TIME OF PEACE 193 have committed felonies, tliey are usually surrendered to the state in Avhich the crime was committed. This is called extradition. 4. Intercotjkse. Treaties. — The most important duty devolving upon diplomatic representatives (see page 132) is the negotiation of treaties. The usual subjects of treaties are peace and friendship, commercial privileges, postal service, extra- dition, fisheries, boundaries, annexation and the settle- ment of claims. There are also treaties which establish Joint High Commissions, Mixed Commissions and Tribu- nals of Arbitration for the settlement of controversies. International Commissions and Arbitration. — A joint high commission is constituted of an equal number of commissioners from each country, and matters upon which they may disagree are usually submitted to an uinpire^ named by the two interested governments or by the chief magistrate of another nation, and the decision of the umpire is final. In some instances the umpire sits Avith the commissioners during their sessions, in wliich case the body is termed a mixed commission. A trihunal of arbitration is generally distinguished from a mixed commission by the importance of the subject submitted to it, and because more than one nation besides the par- ties to the controversy appoint arbitrators. International arbitration is becoming more and more employed by gov- ernments, and all questions in dispute are considered proper for arbitration except those that involve a nation's honor or dignity, such as an insult to its flag or official representatives. 13 194 PRINCIPLES OF LAV/ 2. RULES IN TIME OF WAR. War. — War is a public contention between two gov- ernments through the agency of their armies and navies. An insurrection which is not sufficient, to support a form of government is not a war, but when the insurgents are strong enough to maintain a government, an uprising of this character becomes a civil war. Condition of States between Peace and War. — When a nation has suffered a wrong for which satisfaction is refused, it may, before an actual appeal to arms, employ reprisal or embargo to obtain redress. A reprisal is the seizure and retention of the ships and property of the citizens of an offending state until satisfaction is accorded. An embargo is the detention by a nation of the ships and cargoes within its ports. It is the duty of a government, before commencing war, to exhaust every means to obtain a peaceful settlement of the difficulty. The last demand for satisfaction which is made upon an offending state is termed an ultimatum. It is usually peremptor}^ in style, and limits the time for compliance, and if the other nation refuses to agree to its terms, war follows. The com- mencement of a war divides nations into two classes, those who are actually engaged in the war, called hel- ligerents (war-wagers), and those who are not, called neutrals (neither- sided). 3. OBLIGATIONS OF BELLIGERENTS TO EACH OTHER. Treaties. — As a rule, all treaties between two contend- ing nations are abrogated or abolished by the commence- ment of war, but a treatv relating to the method of OBLIGATIONS OF BELLIGERENTS 195 conducting hostilities and those which recognize a state's independence or fix its boundaries are not affected. Citizens. — ^Theoretically, all the citizens and residents of belligerent states, as well as the governments, are hostile to each other, and they are liable to detention and their goods to seizure ', l)ut this rule has been much modified bs' the growing sentiment against causing non- combatants to suffer for the public wrongs done by their government. Conduct of Hostilities. — The rules of civilized w^arfare are intended to lessen as much as possible the horrors and sufferings which it inflicts upon the individual. The most important rules prohibit a belligerent from : 1. The em[)loyment of savages against an enemy ; 2. The unnecessary infliction of suffering to the people and injury to the private property of an enemy, as in the case of massacre and pillage ; 3. The inhuman treatment of prisoners ; 4. The confiscation of private property, except when justified by necessity ; 5. The use of poison and poisoned weapons. Communications. — The communications between hostile armies are carried on by means of jlags of truce and cartels. The first are employed for any communication between belligerents, while the latter are agreements for the exchange of prisoners. Rules on Sea. — The restrictions imposed upon a bellig- erent apply chiefly to hostilities upon land, and have not been so generally applied to naval operations. The ves- sels and cargoes owned bv the citizens of an enemy may, therefore, be seized by a hostile government. Letters of 196 PRINCIPLES OF LAW marque and reprisal are commissions issued to vessels termed privateers fitted out by private citizens, which entitle them to capture the vessels belonging to the citi- zens of an enemy. Privateering has, however, fallen into general disuse since 1856, when it was discontinued by the European nations under the " Agreement of Paris." Capture and Prize. — The seizure of an enemy's ship or cargo is termed capture^ and the property is called p>rize. The title to a prize does not pass to the captor until it has been decreed by a court, known as a prize court, which is given jurisdiction in such cases by the belligerent gov. ernment. Truce, and Termination of War. — Hostilities may be temjjorarily suspended for a definite time by an agreement termed a truce or armistice. A war is terminated and peace restored by a proclamation of sovereignty by the conquering nation or by a treaty between the belliger- ents. A treat]) of peace usually contains agreements as to the disposal of prisoners, the withdrawal of military forces, the cession of territory, the payment of indemnity and other subjects of a like nature. 4. OBUGATIONS OF NEUTRALS AND BELLIGERENTS TG EACH OTHER. Recognition of Belligerency. — A state of neutrality ex- ists only when there is a war. It is important, therefore, for a nation to determine whether an armed contention is a civil war or an insurrection. This may be shown by the acts of a government in relation to its rebellious citi- OBLIGATIONS OF NEUTRALS AND BELLIGERENTS 197 zens, such as the proclamation of a blockade of insurgent ports or official negotiations with the insurgent govern- ment. Under these circumstances other governments Avill recognize the belligerency of the rebels. So, also, a nation will recognize the bellio-erencv of insurgents when it is convinced that thev have established a stable and responsible government. It is the duty of neutrals to act with impartiality towards both belligerents. They must not permit the enlistment of men for the armies or navies of either belligerent. They must not allow the ships of either to be built or fitted out in their ports, nor must they loan money to either. The citizens of a neutral nation are also prohibited from carrjdng contraband of war and from attempting to break a blockade. Contraband of War. — Contrahand ^io«r comprises arti- cles which may be employed in carrying on war, such as arms, munitions, ships, beasts of burden, and in some cases even money and provisions ; and belligerents pos- sess the right to seize such articles when found in a neutral ship, unless in the waters of a neutral nation. The ves- sel and the remainder of tlic cargo, however, are ex- empted from seizure unless they belong to the owner of the contraband goods. Blockade. — A hlocTcade is the right to prevent and make unlawful all trade and intercourse Avith certain specified ports or portions of the enemy's coast. It is enforced by means of a fleet Avhicli intercepts vessels which attempt to enter or leave the blockaded territory. As blockade is purely a war right, a nation cannot block- ado its own ports ; and therefore, in the case of an Insur- rection, the proclamation of a blockade of coasts held by 198 PRINCIPLES OF LAW insurgents is a recognition of tlieir belligerency. Any attempt to violate a blockade subjects a ship to capture, provided that the blockade is actual — that is, that there is sufficient naval force present to maintain it ; that the offending neutral had knowledge that a blockade, existed ; and that there was an attempt to '^ run the blockade." Visit and Search. — In order to make the rules as to con- traband of war and blockade effective, a belligerent pos- sesses the right of visit and search^ by which its cruisei-s are authorized to stop and examine ships on the high seas for the purpose of ascertaining their nationality, destina- tion and the character of their cargoes. And to this right neutrals must submit. INTERNATIONAL LAW. RULES IN TIME OF PEACE. Sovereignty: ' Recognition of j Equality. Sovereignty { Independence. Balance of power. Monroe Doctrine. Humanity. Intervention because of Territory : f Discovery and occupation. .... , Prescription. Acqinsittonby ] „ , Rights over Conquest. [ Gift or purchase. Territory. Territorial waters. Rivers. ^ Ships. _j INTERNATIONAL LAW 199 Aliens: Exempt from Rules 'Sovereigns. Diplomatic representatives. Public ships. Military forces. Domiciled Temporarily Resident Naturalization. Extradition. Rights to Hold personal property. Make contracts. Appeal to courts. Duties — those of a citizen. Rights — special privileges. Duties — obedience to laws. Intercourse Diplomatic Channels Treaties Arbitration ' Ambassadors. Ministers. Diplomatic Agents, Charges d' Affaires. Peace and friendship. Commercial privileges. Postal service. Extradition. Annexation. Fishery rights. Boundaries. Claims. Joint High Commissions. Mixed commissions. Tribunals of arbitration. 200 PRINCIPLES OF LAW Acts prior to Actual War RULES IN TIME OF WAR. Reprisals. Embargoes. Ultimatum. I. Obligations of BELLIGERENTS to Each Other Effects on Relations: Public ■{ Treaties Private j Not abrogated, when final ( Abrogated, when not final ( ^ . , .,., ( Detention of person. ■{ Liability To- c x ( •' ( Seizure of property. Conduct of Hostilities on Land: Hostile Acts Prohibited Employment of savages. Massacre and pillage. Inhumanity to prisoners. Confiscation of private property. Use of poison. Communica- j Flags of truce, tion by \ Cartels. Conduct of Hostilities at Seal Capture and Pri ize ( by public ships, by privateers. Cessation of Hostilities; Truces. Termination of War— by Treaty: Disposal of prisoners. Withdrawal of troops. Cession of territory. Payment of indemnity. _ Etc., etc. Subjects of Peace Treaties INTERNATIONAL LAW 201 II. Obligations of NEUTRALS axd BELLIGERENTS to Each Other. Belligerency : Recognition of Neutrality : Violation of By act of otlier belligerent By neutral. J Bv neutral nation Neutral Trade : Prohibitions To carry contraband of war To break a blockade when Proclamation of blockade. Negotiations with other party. Enlistment of men. Fitting out ships. Loaning money. Arms. Munitions. Ships. Boasts of burden. Money and provisions (in some cases). Blockade is actual. Neutral had knowledge. Attempt to break it. Visit and Search. CHAPTER II. MUNICIPAL LAW. Definitions. — Municipal Law consists of those rules of conduct prescribed by the supreme power of a state to regulate the relations between the state and its citizens, or between the citizens themselves. It is either written or unwritten. The unwritten law of this country comprises Common Law and Equity (see page 162). The written law of the United States consists of the Federal Consti- tution, the Acts of Congress and Treaties. The written law of a State consists of its constitution and statutes. A statute is a law established by the legislature of a State. Object. — -The object of Municipal Law is to protect rights and punish wrongs. Rights are of two kinds — political and civil (see page 4). So, also, wrongs arc of two kinds — public, or crimes y and private, or torts. 1. CIVIL RIGHTS. 1. Absolute Rights. Personal Security. — This includes the right of life, the violation of which is one of the gravest of crimes ; and the right of reputation — that is, the favorable opinion of others — defamation of which, if oral, is slander, and if by writing or printing, lihel. CIVIL RIGHTS 203 Personal Liberty. — This is the natural right of every person to move about or remain at rest, except as he is restrained by law. Personal Property. — This is the natural right of every person to acquire, use and dispose of property in any manner save as he is restrained by law. Projperty is that which can be exclusively owned or enjo3"ed, as a horse, a house, or land. But air, light and the unconfined forces of nature, although capable of enjoyment, are not property. Divisions of Property. — Property is divided into real and personal. Bcal property is that "which is considered immovable, as land. Per social property^ also called chat- tels^ is that which is considered movable, as horses and machinery. Real property includes lands and certain rights connected with the use of land, such as a right of way ^ or passage over the lands of another; ^ franchise^ or the right to exercise certain privileges, such as to build and manage railroads; and reiU., or the right to receive a regular profit from lands. Personal property consists of tangible movable objects, of certain minor rights con- nected with real property, and of such property as stocks, promissory notes, copyrights and debts. Estates in Real Property. — The interest of a person in property is called an estate. Estates in real property are real estate^ which is a permanent and unending interest, and personal estate^ which is one with some termination. Real estates in real property are of two kinds — an estate in fee, which gives the owner power to absolutely dispose of the property, and which, if not disposed of, descends to his heirs ; and an estate for life, which gives the owner 204 PRINCIPLES OF LAW power only to use the property during liis life or during the life of another. Among the most important life estates is an estate in dower, Avhich is one that a surviv- ing wife has in one third of the real property oAvned by her husband at any time during their married life, and which was not disposed of with her consent. Leases. — The most important personal estate in real property is an estate for years, which begins and ends at specified dates and is created by an instrument called a lease. The lessee or tenant does not o^vn the land, but has the right to its use during the term of the lease. He is usually required to make ordinary repairs to the prem- ises, and to pay to the lessor or landlord a fixed amount for the use of the premises, called rent. If the tenant does not pay his rent as agreed, the landlord may cause him to be removed from the premises. This is called eviction. Estates in Personal Property. — Estates in personal prop- erty are of two kinds — ahsolute, one that cannot be de- stroyed without the act of the owner ; and qtialified, one that can be destroyed or lost without the act of the owner, such as that in wild animals. Title. — Title is the right of ownership of an estate. Titles to real property are of two kinds — by descent, as where an heir inherits the estate from his ancestor ; and hj purchase, which includes all other means of acquisi- tion. The most common title by purchase is that created by act of the parties, which includes title by grant and title by devise. Title hy grant is either picUic—ih^t is, a title from the United States or a State by an instru- ment called a patent ; or j)rivate—ih.d,i is, from another person by a written instrument called a deed. Title hy CIVIL RIGHTS 205 devise is that obtained by a written instrument called a will. Title to personal property may be acquired either by the sole act of the ownei\ such as that in property which a person produces, or in a wild animal which he cap- tures ; by operation of laiv, suc^ as that acquired in the personal property of a relative who died without leaving a last will and testament ; and by the joint act of the present and former owners, such as that created by a gift, last will and testament or contract. Title hy gift is that which a person has in property gratuitously transferred to him. Title hy last will and testament \?, that by which one becomes the owner of personal property of a deceased person by the last will and testament of such person. Title hy contract is that by which a person becomes the owner of personal property through its voluntary trans- fer to him by another for some consideration. Contracts. — A contract is an agreement between two or more persons to do or not to do some thing. Four con- ditions are necessary to a complete contract: (a) Parties able to contract ; (b) a sufficient consideration ; (c) a sub- ject to be contracted for ; and (d) an actual agreement, or, as it is called, a " meeting of the minds." Parties. — Parties able to contract must be of full age. Contracts by minors, except for necessary articles of sup- port, are not binding upon them. They must be of full understanding. Contracts made with idiots or others de- prived of their minds are of no effect, as against them. Thev must also be free to contract. Anv agreement made by a person under restraint or force is not binding upon him. 9,06 PRINCIPLES OF LAW Consideration. — A consideration is (a) something of value to the person receiving it, or of detriment to the person giving it, (b) love and affection existing between a parent and child or husband and wife, or (c) mutual promises made between persons at the same time. Subject.— The subject of a contract must be something real, as property, service or labor. It must also be law- ful and moral. Contracts for smuggling or other unlaw- ful acts are not binding. Classes of Contracts. — Contracts are either oral — :that is, by word of mouth — or written. "Written contracts are either under seal — that is, with a seal affixed to the sig- nature — or without seal. The most common forms of contracts under seal are deeds and mortgages. Deeds. — A deed is defined as a writing, signed, sealed and delivered between the parties. It is the instrument by which private grants of land are made. The person making the deed is called the grantor ', the person to whom it is made, the grantee. A deed must name the parties, describe the consideration, the property and estate conveyed, and contain the signature and seal of the grantor. The most common deeds are quitclaim deeds, by which the grantor disposes merely oi his inter- est in the property, and xoarranty deeds, by which the grantor guarantees that he is the owner of the property and promises to protect the grantee in his possession. The execution of a deed is the actual signing and affixing of a seal. In most States, before a deed can be placed on record, the grantor is required to acknowledge that he executed the deed before an officer, such as a judge, jus- tice of the peace or notary public, who must certify to CIVIL RIGHTS 207 the fact in writing upon the instrument. The deed so executed and acknowledged is of no effect unless it is actually delivered to the grantee. Mortgages. — Mortgages resemble deeds in that they are transfers of interest in real property, and require the same formality in their execution, acknowledgment and delivery. They do not, however, constitute actual trans- fers of the title, like deeds, but only a claim to the prop- erty as security for the payment of some indebtedness. A mortgage must contain a description of the parties, called the mortgagor and mortgagee, the consideration, the property mortgaged, and, among other things, a clause stating that the grant is made as security for the pay- ment of some indebtedness, with the terms of payment, and that upon such payment the grant becomes void. Mortgages usually accompany honds, which are obliga- tions tc pay certain moneys at certain times. They are then spoken of as collateral security, because they can only be enforced in case the conditions of the bond are not fulfilled. A mortgage is enforced by foreclosure, w^hich is a legal remedy by which the property described in the mortgage can be sold and the proceeds applied to the payment of the debt. It is usual in the case of both deeds and mortgages for a wife to join in the execution wdth her husband. In this Avay only is the property relieved of her dower interest wiiicli she has in it by reason of the marriage. Protection to Grantees and Mortgagees. — For the pur- pose ot avoiding difhculties it is customary for grantees and mortgagees to require with the deed or mortgage p. search or ahstract of title, which is a synopsis from 208 l^RINCIPLES OF LAW the public records, extending over a number of years and showing" the source and character of the title of the grantor or mortgagor to the property. For further pro- tection deeds and mortgages are usually 7'ecorded, that is, copied in full in the office of the County Clerk or Regis- trar of Deeds of the county where the property is situ- ated. If not so recorded, the grantee or mortgagee is liable to lose the interest granted to him, for it is a rule of law that if there be two or more deeds or mortgages upon the same property, the one first recorded takes pref- erence over all the others without regard to its date. Chattel Mortgages. — A chattel mortgage is a mortgage upon personal property, given as security for the pay- ment of an indebtedness. This does not have to be recorded, but for protection it is usual to file^ that is, deposit a copy in the office of the Clerk of the Town where the property is. Other Written Contracts.— Contracts in writing, not required to be under seal, are: (a) Contracts to sell any interest in lands ; (b) contracts for services that cannot be performed within a year ; (c) contracts for the pur- chase and sale of personal property exceeding in value a certain amount, usually fifty dollars ; (d) contracts to be responsible for the debt of another. The last is known as guaranty^ and the person making such guaranty is called a guarantor. Sale. — A contract of sale is one by which the ownership of personal property is transferred to another for a money consideration. The person making the sale is called the vendor ; the purchaser, the vendee. Among the rules governing sales are the following: (a) If the goods are CIVIL EIGHTS 209 sold by sample, the}'' must he as good as the sample ; (b) it the goods are ordered for a particular purpose, known to the vendor, they must be suited to the pur- pose ; and (c) in the sale of foods they must be whole- some. Bailment. — A contract of hailment is one by which the, possession of personal property is transferred from one person, called the bailor, to another, called the hailee, for some purpose, to be returned when the purpose is accom- plished. The most important bailment is called locatio, and is the delivery of an article to the bailee for his use upon compensation to the bailor ; or for the performance of labor upon an article bij the bailee upon compensation from the bailor. The hiring of horses, the repairing of a watch by a watchmaker, the transportation of goods by railroad companies and the care of property by inn- keepers are instances of locatio. Agency^ — A contract of agency is one by which a person appoints another to act for him in some business trans- action. The person making the appointment is called the princijjal ; the person appointed, the w^t-;?!'. Agents are of two kinds —geiieral, who perform all the business of the jn'incipal at a particular place ; and ,^j)ecial, who are employed for some particular purpose. Among the rules governing agency, the most important one is that any contract or act of the agent within the line of his employment is binding upon the principal. Partnership. — A contract oi pai'tnershij) is one by which two or more persons unite their labor or property or both in some business in which they agree to share the losses and divide the profits. In this relation the partners own 14 210 PEINCIPLES OF LAW in common all the property, and eacli partner is the agent of the partnership. For the debts of the partnership, not only the common property, but the individual property of the partners is liable after the partnership property is exhausted. Corporations. — A corporation is a body of individuals created by law under a special name, with the power of acting as a single individual. Corporations are either jpuhlic, as a city or county, ov private, as those organized for religious, charitable, social, manufacturing and busi- ness purposes. Their usual powers, deriv^ed from gen- eral laws or a special act, called a charter, are to sue and be sued ; to purchase and own lands and chattels ; to make by-laws for their government ; to remove members and elect others in their place or in place of those who may die. Besides these, exceptional privileges, such as to erect telephone poles or lay pipes, are sometimes given to a corporation. This is called a franchise. The capi- tal of a manufacturing or business corporation is divided into shares of stock, and those Avho own the shares are called members or siochholders. The stockholders elect some of their number directors or trustees, to carry on the affairs of the corporation, and these, as a horned, choose its officers. The liability of stockhclders, directors and officers for the debts of a corporation are fixed by statute. Insurance. — A contract of hisurance is one by which a person or corporation, in return for certain compensa- tion, known ^cs, premium, undertakes to indemnify another against loss or injury. Fire and. ^narine insurance cover losses sustained bj^ fire or the mishaps of shipping. Life insurance is a contract by which the insurer agi'ees to CIVIL RIGHTS 211 pay a certain sum to the insured after the expiration of a fixed time, or to his representatives at his death. The contract of insurance is contained in an instrument called 2i policy^ which also contains a description and facts rela- tive to the insured person or property, known as the risk^ and any misrepresentations on the part of the insured at the time of making the contract will release the insurer from liability. Indorsement. — A contract of indorsement is one by which a person agrees that he will pay the amount of a negotiable paper to its holder when due, if the maker does not. Indorsement consists in the writing* by a person of his name across the back of the instrument. Negotiable j^aj^er consists of promissory notes, bills of ex- change, checliis, etc. , when they are payable to some per- son or "bearer" or "order." K jpromissory note is a promise in writing to pay a certain sum of money at a certain time. The party signing the note is the maker ; the person to whom it is payable, the payee. A hill of exchange, also called a draft, is an order in writing by one person upon another to pay a certain sum of money to a third person either upon presentation or at some time after date of presentation. The person upon whom such order is made is not liable tlierefor until lie accepts it — that is, promises in writing upon its face to pay it. He is then called an acceptor, and becomes the principal debtor. A cliech is a written order upon a banlc to pay to a person named a sum of money and charge the same to the account of the person making the check. To fix an indorser's liability the negotiable paper must be pre- sented for payment, at the time it becomes due, at the 212 PRINCIPLES OF LAW place where it is payable. If payment is refused, the in- strument 1% protected — that is, non-payment is certified — usually by a notary ])ublic, and notice of this fact must be given at once to the indorser. Liens. — A lien is the right of a person to retain posses- sion of the property of another until certain demands are satisfied. Among those entitled to this right are inn- keepers and railroad companies for their services upon the property which they have cared for or carried. They may sell the property and apply the proceeds to the pay- ment of the claims. Mechanic's liens are those held by contractors, mechanics and others who furnish labor and materials for buildings. They are governed by statute, and can only be enforced by legal proceedings similar to the foreclosure of a morts'ao-e. Remedies for Violation of Contracts. — If there is a viola- tion of a contract, the injured party has a remedy by legal action b}'' which he can compel the performance of the contract or can recover money damages for the injury he has sustained. Wills and Testaments. — A last will and testament is an instrument, usually required to be in writing, by which a person disposes of his propert}', to take effect after his death. Only persons of full age and mental capacity can make wills of real property, but in some States certain minors can so dispose of ih'sh.^ personal propert^^ (A per- son dying without a last will and testament is said to die intestate}) It is necessary that the instrument be signed by the maker, called the testator, who in most States must acknowledge such act, with the statement that it is his last will and testament, in the presence of two or CIVIL RIGHTS 213 more witnesses, who are not interested in the will, and who then sign, in the presence of each otlier and the testator, a statement of such execution and acknowl- edgment. Changes are sometimes made in wills and testaments, by instruments called codicils, which must be executed with the same formalities as the original instruments. A will and testament becomes effectual upon the death of the testator, unless it has been de- stroyed by his direction or has been expressly revoked by a subsequent will. After the death of tlie testator the will and testament are proved, ov probaied, before a surrogate or probate judge, and the real property passes at once to those entitled to it. The affairs of the estate are settled, and distribution of the personal propert}^ is usually made by a person named in the will, called an executor. When a person dies intestate his real property passes directly to his heirs, and his affairs are settled and his personal property is distrilmted by an officer appointed by the surrogate, called an administrator. 2. Relative Hiotits. Husband and Wife. — The contract of marriage is regu- lated by statute in the several States, but as a rule the following persons are debarred : (a) Males under fourteen and females under twelve years of age ; (b) persons hav- ing another husband or wife living ; and (c) persons re- lated to each other within certain degrees. The mutual promises of the parties constitute the consideration. In some States a license issued by an official is required before a marriage can be celebrated. Divorce is the judicial termination of a marriage contract ; the grounds upon 214: PRINCIPLES OF LAW which it is granted are fixed by statute. In the mar- riage relation the husband is considered the head of the family. He can determine the place of abode and can compel the wife's return if she leaves him without cause. He is required to sup]iort and protect her, and in the buying of articles for the home the wife is considered the agent of the husband, so long as she lives with him ; but he is released from all obligations of this character if she leaves him without cause. Parent and Child. — Children owe to their parents ohe- dience and service during their minority. Parents are obliged to protect the child, provide necessary food and clothing, and educate him according to his station in life. Guardian and Ward. — A guardian is one who has the care of the person or property of a minor, called a ward. A guardian of the person is entitled to obedience, but not service. A guardian of the property must support and educate the v/ard according to the Avard's station and property. He cannot make any profit out of the prop- erty for himself, and is liable for any loss occasioned by his negligence. Master and Servant. — A master is one who by virtue of a contract has authority over another person, called a servant. Servants are of two kinds — apprentices, or those placed under the authority of another for the purpose of learning some trade ; and hired servants, or those who engage to render services in return for wages. The mas- ter is entitled to obedience and service during the term of the contract. The servant is entitled to receive the agreed wages during the time of the contract, unless he leaves or is discharged for cause. WRONGS 215 2. WRONGS. 1. Torts. Torts. — A tori is the intentional and wrongful doing or not doing of some act by which another is injured. The most common torts are slander, libel, fraud and assault. Slander is the willful injury of the reputation of another by spoken language. Libel is the willful in- jury of the reputation of another by writing, printing, engraving or other permanent form. Libel is also a crime. Fraud is a false representation, made with the intent to deceive, and resulting in actual injury. Assault, which is also a crime, will be defined later. 2. Crimes. Definitions. — A crirne is an act or omission forbidden by law and punishable by death, imprisonment, fine or other penalty. K felony is a crime punishable by death or imprisonment in a state prison. All other crimes are misdemeanors. Two elements are necessary to constitute a crime — the criminal intent and the criminal act. A principal is one who commits the crime, or one who is present aiding and abetting the act. An accessory is one who, not present, yet aids and abets the commission of a felony, or one who, witli knowledge of the crime, aids the offender to avoid arrest and punishment. In the commission of treason and misdemeanors all the wrong- doers are principals. Crimes against the State. — The principal crimes against the State are treason, illegal voting, bribery, aiding 210 PRINCIPLES OP LAW escape of prisoner, counterfeiting, forging, perjury and influencing another person to swear falsely, which is called subornation of perjury. Crimes against Persons ; Suicide. — The principal crimes against persons are suicide, homicide, assault, robber}^ and libel. Suicide is the intentional taking of one's own life. The attempt to commit suicide is also a crime. Homicide. — Homicide is the killiug of a human being by another. Murder in the first degree is the wrongful hilling of a person either with a premeditated design to cause his death; or by a reckless act dangerous to life, although without intent to take life ; or b}^ a person engaged in the commission of a felony. The usual pun- ishment is death or life imprisonment. Murder in the second degree is the intentional killing of a human being vrithout premeditation. The usual punishment is life imprisonment. All other forms of homicide are termed manslaughter. Homicide is excusable when committed by accident. Homicide committed in the defense of self or another is justifiaMe. ISTo person can be convicted of homicide unless it is proved that a life has been taken and that he is the one who took it. Assault. — An assault in its highest form is either an attack upon a person with intent to kill or commit a felony, with a weapon likely to produce death ; or the administration of poison or drugs dangerous to life. It is a felon}^. Assault and hattery is an attack upon a per- son with the fists with the intention to do him bodily injury. This is a misdemeanor. Robbery. — Robbery is the unlawful taking of personal property from a person against his will, by force or vio- WRONGS 217 lence, or by arousing fear in such person. Secretly pick- ing a person's pocket is not robbery. Crimes against Property; Arson. — The principal crimes against property are arson, burglary and larceny. Arson in its highest degree consists in setting fire at nighttime to a building or car or other structure in which there is a human being. The punishment varies in the different States, the most severe being imprisonment for life. Burglary. — Burglary is the forcible entering of a house or room for the purpose of committing a crime. Its high- est degree occurs when such entry is made in the night, when a human being is within, by a person armed with a dangerous weapon. It is a felony. Larceny. — Larceny is the taking, concealing or with- holding of personal property with the intent to deprive the owner of its possession. The highest degree, called grand larceny^ consists in taking propei'ty from the per- son of another in the nighttime, or in the taking at any time of property above a certain value. AU other steal- ing isJ';e^^^ larceny. Bigamy. — The principal crime against public morals is bigamy. It is llgainy when a person, having a living husband or wife, marries another. Arrest. — An^esi is the apprehension of an offender in order that he may be punished for his crime. It is usually made by an officer upon a warrant, which is a mandate of a court commanding the arrest of the offender. But an arrest may be made without a warrant when the offender is detected in the actual commission of a crime. 218 PRINCIPLES OF LAW MUNICIPAL LAW. MUNICIPAL LAW r UNWRITTEN \ Common Law. ' Equity. f Federal WRITTEN State Constitution. Acts of Congress (Federal Statutes), Treaties. Constitutions. Acts of Legislatures (State Statutes). OIVII> RIGHTS. I. ABSOLUTE RIGHTS: 1. Personal Security \ 1 Reputation. 2. Personal Liberty. 3. Private Property. r Ways. Real Property \ Rights of ■; Franchises. I- Rents. Personal Property. Estates— In Real Property. As to Tenure As to Title Real Estates Personal Estates (Lease) by Descent. by Purchase in Fee. for Life \ L'^" E8t^t«- I Dower. Landlord and Tenant. by j Public— Patent. Grant ' Private— Deed, Mortgage. L by Devise — Will. In Personal Pj-operty. S Absolute. As to tenure As to Title I Qualified. By operation of law. By sole act of owner. By joint act of parties Gift. Will and testament. Contract. MUNICIPAL LAW 219 ABSOLUTE UIGUTS— Continued. Contracts— Conditions as to. r Of full age. Parties Consideration. ( Moral. ^""^^^"^^ I Lawful. . Meeting of the minds. Classes. r Oral. \ Of full understanding. I Free to contract. Written Under seal Not under seal f Warranty Deed I Quitclaim I Etc., etc. Mortgage Signed, Sealed, Acknowledged, Delivered and Recorded. Sale Bailment. Agency Partnership Insurance Indorsement Liens. ( Implied 1 warranty For purchase j Lands. and sale of ' Personal property over $54 Which cannot be performed in a year. Guaranty. Chattel mortgage. From sample. When particularly manufactured. As to food. J General ' Special [ Principal and agent. Public. Corporation ■ Private r Charter. Franchise. Directors. . Stockholders. Fire Marine Life, etc. Negotiable Policy and premium. paper Promissory note (maker, payee). Bill of exchange ( At sight I , . . , (draft) ' Afterdate >" (Acceptor). _ Liability of indorser (presentation, non-payment, protest, notice). Jiemedies. J Enforce performance. ' Recover damages. Wills and Testaments. Execution. Aaditicn (codicil). Probate. Testator and Intestate. Executors and Administrators. 2f?0 PRINCIPLES OF LAW 11. RELATIVE RIGHTS 1. Husband and Wife. Marriage ( Rights and duties . Divorce, 2. Parent and Child. Child Duties of Parent 3. Guardian and Ward. r Of person, [ Of property ' Residence. Return. Protection. Support. ( Obedience. ' Service. Protection. Support. Education. Entitled to obedience. Guardian ( Must support I , , , 1 Must educate f from property ot ward. 4. Master and Servant. { Apprentice. I Hired Servant. I. TORTS : Classes. Slander. Libel. Fraud. Assault. II. CRIMES: Divisions. ( Felonies. ' Misdemeanors. Criminals. ■WRONGS. j Principal. ' Accessory. Against State. Treason. Illegal voting. Bribery. - Aiding a prisoner to escape. Counterfeiting. Forging public records. . Perjury. MUNICIPAL LAW 221 CmWES—Condm/ed. Against Persons. Suicide. Homicide Assault I Robber}'. Murder Manslaughter f With intent [ and battery. Against Property. Arson. Burglary. j Grand. '( Petit. Larceny j Ist degree I 2d degree ( Excusable and ' Justifiable Homicide. _( To kill, i To commit a felony. Against Public Decency and Morals (Bigamy), III. ARREST: With a warrant. Without a warrant. APPENDIX I THE DECLARATION OF INDEPENDENCE In Congress, July 4, 1776 The Unanimous Declaration of the Thirteen United States of America When, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume, among the Powers of the earth, the separate and equal station to which the hiws of nature and of nature's God en- title them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-o\idont : that all men are created equal, that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute a new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect theii safety and happiness. Prudence, indeed, will dictate that gov- ernments long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffor, while evils are sufferable, than to right th(*m- selves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their futun> security. - Such has been the patient sufferance of these colonies; ami such is now the necessity which con- strains them to alter their former systems of government. The history' of the present king of Great Britain is a history of repeated injuries 22i THE DECLARATION OF INDEPENDENCE and usurpations, all having in direct object the estabhshment of an absolute tj-ranny over these States. To prove this, let facts be sub- mitted to a candid world. He has refused his assent to laws the most wholesome and necessary for the public good. He has forbidden his governors to pass laws of immediate and press- ing importance, unless suspended in their operation till his assent should be obtained; and when so suspended, he has utterly neglected to attend to them. He has refused to pass other laws for the accommodation of large districts of people, unless those people would relinquish the right of representation in the legislature, a right inestimable to them and for- midable to tj^rants only. He has called together legislative bodies at places unusual, uncom- fortable, and distant from the depository of their public records, for the sole purpose of fatiguing them into compliance with his measures. He has dissolved representative houses repeatedly, for opposing, with manly firmness, his invasions on the rights of the people. He has refused, for a long time after such dissolutions, to cause others to be elected; whereby the legislative powers, incapable of annihila- tion, have returned to the people at large for their exercise ; the State remaining, in the meantime, exposed to all the dangers of invasion from without, and convulsions within. He has endeavored to prevent the population of these States; for that purpose obstructing the laws for naturalization of foreigners; re- fusing to pass others to encourage their migration hither, and raising the conditions of new appropriations of lands. He has obstructed the administration of justice, by refusing his assent to laws for establishing judiciary powers. He has made judges dependent on his will alone for the tenure of their offices, and the amount and payment of their salaries. He has erected a multitude of new offices, and sent hither swarms of officers to harass our people and eat out their substance. He has kept among us, in times of peace, standing armies without the consent of our legislatures. He has alTected to render the military independent of and superior no the civil power. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his assent to their acts of pretended legislation : For quartering large bodies of armed troops among us : THE DECLARATION OF INDEPENDENCE 225 For protecting; them, l)y a mock trial, from punishment for any mur- ders which they should conuiiit on the inhabitants of these States : For cutting off our trade with all parts of the world : For imposing taxes on us wthout our consent : For depriving us, in many cases, of the benefits of trial by jury : For transporting us. bej-ond seas to be tried for pretended offenses : For abolishing the free system of English laws in a neighboring prov- ince, establishing therein an arbitrary government, and enlarging its boundaries, so as to render it at once an example and fit instrument for introducing the same absolute rule into these colonies : For taking away our charters, abolishing our most valuable laws, and altering fundamentally the forms of our government : For suspending our own legislatures, and declaring themsehcs in- vested with power to legislate for us in all cases whatsoever. He has abdicated government here, by declaring us out of his pro- tection, and waging war against us. He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people. He is, at this time, transporting large armies of foreign mercenaries to complete the works of death, desolation and tyranny, already begmi, with circmnstances of cruelty and porlidy scarcely paralleled in tlie most barbarous ages, and totallj^ unworthy the head of a civilized nation. He has constrained our fellow-citizens, taken captive on the high seas, to bear arms against their country, to become the executioners of their friends and brethren, or to fall themselves by their hands. He has excited domestic insurrections amongst us, and has endeavored to bring on the inhabitants of ovir frontiers, the merciless Indian sav- ages, whose known rule of warfare is an undistinguished destruction of all ages, sexes, and conditions. In every stage of these oppressions we have petitioned for redress in the most huml)le terms : o\ir repeated petitions have been answered only by repeated injiuies. A prince, whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free people. Nor have we been wanting in attention to our British lirethren. We have warned them, from time to time, of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. Wc have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these 15 226 THE DECLARATION OF INDEPENDENCE usurpations, which would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, aquiesce in the necessity which denounces our separation, and holds them, as we hold the rest of man- kind, enemies in war, in peace friends. We, therefore, the Representatives of the United States of America, in general Congress assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name, and by authority of the good people of these colonies, solemnly publish and declare. That these United Colonies are, and of right ought to be, free and independent States; that they are absolved from all allegiance to the British crown, and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved; and that, as free and independent States, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent States may of right do. And for the svipport of this declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes, and our sacred honor. John Hancock. New Hampshire — Josiah Bartlett, Wm. Whipple, Matthew Thornton. Massachusetts Bay — Saml. Adams, John Adams, Robt. Treat Paine, Elbridge Gerry. Rhode Island — Step. Hopkins, William Ellery. Connecticut — Roger Sherman, Sam'el Huntington, Wm. Williams, Oliver Wolcott. New York — Wm. Floyd, Phil. Livingston, Frans. Lewis, Lewis Morris. New Jersey — Richd. Stockton, Jno. Witherspoon, Fras. Hopkinson, John Hart, Abra. Clark. Pennsylvania — Robt. Morris, Benjamin Rush, Benja. Franklin, John Morton, Geo. Clymer, Jas. Smith, Geo. Taylor, James Wilson, Geo. Ross. Delaware — Ca'sar Rodney, Geo. Read, Tho. M'Kean. . Maryland — Samuel Chase, Wm. Paca, Thos. Stone, Charles Carroll of Carrollton. Virginia — George Wythe, Richard Henry Lee, Th. Jefferson, Benja. Harrison, Thos. Nelson, Jr., Francis Lightfoot Lee, Carter Braxton. North Carolina — Wm. Hooper, Joseph Hewes, John Penn. South Carolina — Edward Rutledge, Thos. Heyward, Junr., Thomas Lynch, Junr., Arthur Middleton. Georgia — Button G'ninnett, T>yman Hall, Geo. Walton. APPENDIX II DELEGATES TO THE CONSTITUTIONAL CONVENTION Those with numbei's before tlieir names signed the Constitution, while those whose names are in italics were appointed delegates, but did not attend the Convention. New Hampshire. 1. John Langdon. 2. Nicholas Gilman. John Pickering. Benjamin West. Massachusetts. Francis Dana. 3. Nathaniel Gorham. Elbridge Gerry. 4. Ruf us King. Caleb Strong. Rhode Island (no appointment). Connecticut. 5. William S. Johnson. 6. Roger Sherman. Oliver Ellsworth. New York. Robert Yates. 7. Alexander Hamilton. John Lansing. New Jersey. 8. William Livingston. 10. William Patterson. 9. David Brearly. John Neilson. William C. Houston. Abraham Clarke. 11. Jonathan Dayton. Pennsylvania. 12. Benjamin Franklin. 10. Thomas Fitzsimons. 13. Thomas Mifflin. 17. Jared Ingersoll. 14. Robert Morris. 18. James Wilson. 15. George Clymer. 19. Gouverneur Morris. 228 DELEGATES TO CONSTITUTIONAL CONVENTION Delaware. 20. George Read. 22. John Dickinson. 21. Gunning Bedford, Jr. 23. Richard Bassett. 24. Jacob Broom. Maryland. 25. James McHenry. 27. Daniel Carroll. 2Q. Daniel of St. Thomas Jenifer. 28. 29. 30. 31. Virginia. George Washington. Patrick Henry (declined). Edmvmd Randolph. John Blair. James Madison, Ji*. North Carolina. Richard Casivell (resigned).- Alexander- Martin. 32. William R. Davie. 33. William Blount (in the room of R. Caswell). John Francis Mercer. Luther Martin. George Mason. George Wythe. James McClurg (in the room of P. Henry). Willie Jones (declined). Richard D. Spaight. Hugh Williamson (in the room of W. Jones). South Carolina. 34. John Rutledge. 36 35. Charles C. Pinckney. 37 Georglv. 38. William Few. 39. Abraham Baldwin. William Pierce. Charles Pinckney. Pierce Butlei*. George Walton. William Houston, Nathaniel Pendleton. APPENDIX III CONSTITUTION OF THE UNITED STATES PREAMBLE. We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the , common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. ARTICLE I. LEGISLATIVE DEPARTMENT. Section 1. Congress in General. All legislatiA'c powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Rep- resentatives. Section 2. HorsE of Representatives. 1. The House of Representatives shall be composed of members chosen every second year by the people of the several States, and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of Ihc State legislature. 2. No person shall be a Representative who shall not have attained to the age of twentj'-five j^ears, and been seven j-ears a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen. 3. Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and 230 CONSTITUTION OF THE UNITED STATES within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not exceed one for every thirty thousand, but each State shall have at least one Reore- sentative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts eight. Rhode Island and Providence Plantations one, Connecticut five. New York six, New Jersey four, Pennsylvania eight, Delaware one, Mary- land six, Virginia ten, North Carolina five. South Carolina five, and Georgia three. 4. When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancies. 5. The House of Representatives shall choose their Speaker and other officers ; and shall have the sole power of impeachment. Section 3. Senate. 1. The Senate of the United States shall be composed of two Sena- tors from each State, chosen bj^ the legislature thereof, for six years; and each Senator shall have one vote. 2. Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year, of the second class, at the expiration of the fourth year, and of the third class, at the expiration of the sixth year, so that one third may be chosen every second j-ear ; and if vacancies happen by resignation, or otherwise, during the recess of the legislature of any State, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies. 3. No person shall be a Senator who shall not have attained to the age of thirty j^ears, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen. 4. The Vice President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided. 5. The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice President, or when he shall exercise the office of President of the United States. 6. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. CONSTITUTION OF THE UNITED STATES 231 WTien the President of the United States is tried, the Chief Justice shall preside; and no person shall be convicted without the concurrence of two thirds of the members present. 7. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States; but the party con- victed shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law. Section 4. Both Houses. 1. The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each State by the legisla- ture thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators. 2. The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day. Section 5. The Houses Separately. 1. Each house shall be the judge of the elections, returns and quali- fications of its own members, and a majority of each shall constitute a quorum to do bu.siness; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each house may provide. 2. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member. 3. Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy ; and the yeas and nays of the members of either house on any question shall, at the desire of one fifth of those present, be entered on the journal. 4. Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. Section 6. Priaileges and Disabilities of ^Iembers. 1. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the Treasury 232 CONSTITUTION OF THE UNITED STATES of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attend- ance at the session of their respective houses, and in going to and re- turning from "the same ; and for any speech or debate in either house, they shall not be questioned in any other place. 2. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil ofhce under the authority cf the United States, which shall have been created, or the emoluments whereof shall have been increased during such time, and no person holding any office under the United States, shall bo a member of either house during his continuance in office. Section 7. Mode of Passing Laws. 1. All bills for raising revenue shall originate in the House of Repre- sentatives ; but the Senate may propose or concur with amendments as on other bills. 2. Every bill which shall have passed the House of Representatives and the Senate, shall, before it becomes a law, be presented to the Presi- dent of the United States ; if he approve he shall sign it, but if not he shall return it, with his objections to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by t^ "o thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the President within ten days (Sundays ex- cepted) after it shall have been presented to him, the same shall be a lav/, in like manner as if he had signed it, unless the Congress by their adjourn- ment prevent its return, in which case it shall not be a law. 3. Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill. CONSTITUTION OF THE UNITED STATES 233 Section 8. Powers granted to Congress. The Congress shall have power: 1. To lay and collect taxes, duties, imposts and excises to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States; 2. To borrow money on the credit of the United States ; 3. To regulate commerce with foreign nations, and among the several States, and with the Indian tribes; 4. To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States; 5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures; 6. To provide for the punishment of counterfeiting the securities and current coin of the United States; 7. To establish post offices and post roads; 8. To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective ^\Titings and discoveries; 9. To constitute tribunals inferior to the Supreme Court ; 10. To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations; 11. To declare war, grant letters of marque and reprisal, and make rul(;s concerning captures on land and water; 12. To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years; 13. To provide and maintain a navy; 14. To make rules for the government and regul-ation of the land and naval forces; 15. To provide for calling forth the militia to execute the laws of the Union, suppress insurrection and repel invasions; 16. To provide for organizing, arming, and disciplining, tbe militia, and for governing such part of them as may be employed in the ser- vice of the United States, reserving to the States respectively, the appointment of the ofTic(>rs, and the authority of training the militia according to the discipline prescribed by Congress; 17. To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of partic- ular States, and the acceptance of Congress, become the .seat of the Government of the United States, and to exercise like authority over 234 CONSTITUTION OF THE UNITED STATES all places purchased by the consent of the legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings; and 18. To make all laws which shall be necessary and proper for carry- ing into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the United States, or in any department or officer thereof. Section 9. Powers denied to the United States. 1. The migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person. 2. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. 3. No bill of attainder or ex post facto law shall be passed. 4. No capitation, or other direct, tax shall be laid, unless in propor- tion to the census or enumeration hereinbefore directed to be taken. 5. No tax or duty shall be laid on articles exported from any State. 6. No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another ; nor shall vessels bound to, or from, one State, be obliged to enter, clear, or pay duties in another. 7. No money shall be drawn from the Treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all pubHc money shall be published from time to time. 8. No title of nobiUty shall be granted by the United States ; and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign State. Section 10. Powers denied to the States. 1. No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; CONSTITUTION OF THE UNITED STATES 235 pass any bill of attainder, ex post facto law, or law impairing the obli- gation of contracts, or grant any title of nobility. 2. No State shall, without the consent of the Congress, lay any im- posts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the Treasury of the United States ; and all such laws shall be subject to the revision and control of the Congress. 3. No State shall, without the consent of Congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. ARTICLE II. EXECUTIVE DEPARTMENT. Section 1. President and Vice President. 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice President, chosen for the same ter^n, be elected as follows : 2. Each State shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress ; but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. 3. (The electors shall meet in thair respective States, and vote V-yy ballot for two persons, of whom one at least shall not be an inhabitant of the same State with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of govern- ment of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the A'otes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole num- ber of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Rep- 236 CONSTITUTION OF THE UNITED STATES resentatives shall immediately choose by ballot one of them for Presi- dent; and if no person have a majority, then from the five highest on the list the said House shall in like manner choose the President. But in choosing the President, the votes shall be taken by States, the repre- sentation from each State having one vote ; a quorum for this purpose shall consist of a member or members from two thirds of the States, and a majority of all the States shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice President. [Super- seded by Amendment XII.]) 4. The Congress may determine the time of choosing the electors, and the day on which they shall give their votes ; which day shall be the same throughout the United States. 5. No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen years a resident within the United States. 6. In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall de^'olve on the Vice President, and the Congress may by law provide for the case of removal, death, resignation or inability, both of the President and Vice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a -President shall be elected. 7. The President shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the period for which he shall have lr>een elected, and he shall not receive within that period any other emolument from the United States, or any of them. 8. Before he enter on the execution of his office, he shall take the following oath or affirmation: " I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability preserve, protect and defend the Constitution of the United States." Section 2. Powers of the President. 1. The President shall be Commander in Chief of the army and navy CONSTITUTION OF THE UNITED STATES 237 , of the United States, and of the militia of the several States, when culled into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. 2. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators pi'csent concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law; but the Congress may bj^ law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments. 3. The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session. Section 3. Duties of the President. He shall from time to time give to the Congress information of the state of the Union, and recommend to their consideration such meas- ures as he shall judge necessarj'^ and expedient; he may, on extra- ordinary occasions, convene both houses, or either of them, and in case of disagreement between them, with respect to the time of adjourn- ment, he may adjourn them to such time as he shall think proper ; he shall receive ambassadors and other public ministers ; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States. Section 4. Impeachment. The President, Vice President, and all civil officers of the United States, shall be removed from office on impeachment for, and convic- tion of, treason, bribery, or other high crimes and misdemeanors. ARTICLE III. JUDICIAL DEPARTMENT. Section 1. United States Courts. The judicial power of the United States, shall be vested in one 238 CONSTITUTION OF THE UNITED STATES Supreme Court, and in such inferior courts as the Congress may from time to time ordain and estabhsh. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office. Section 2. Jurisdiction of the United States Courts. 1. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers and consuls ; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more States; between a State and citizens of another State; between citizens of different States, between citizens of the same State claiming lands under grants of different States, and between a State, or the citizens thereof, and foreign States, citizens or subjects. 2. In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before men- tioned the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make. 3. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the State where the sflid crime shall have been committed ; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed. Section 3. Treason. 1. Treason against the United States, shall consist onlj^ in Ie\'ying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. 2. The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted. CONSTITUTION OF THE UNITED STATES 239 ARTICLE IV, THE STATES AND THE FEDERAL GOVERNMENT. Section 1. State Records. Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State. And the Con- gress may bj' general laws prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof. Section 2. Privileges of Citizens, etc. 1. The citizen of each State shall be entitled to all privileges and immunities of citizens in the several States. 2. A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime. 3. No person held to service or labor in one State, under the laws thereof, escaping into another, shall, in consequence of anj' law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due. Section 3. New States and Territories. 1. New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the jurisdiction of any other State; nor any State be formed by the junction of two or more States, or parts of States, without the consent of the legislatures of the States concerned as well as of the Congress. 2. The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State. Section 4. Guarantee to the States. The LTnited States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion, and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic \'iolence. 240 CONSTITUTION OF THE UNITED STATES ARTICLE V. POWER OF AMENDMENT. The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several States, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several States, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress ; provided that no amend- ments which may be made prior to the year one thousand eight hun- dred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article ; and that no State, without its con- sent, shall be deprived of its equal suffrage in the Senate. ARTICLE VI. PUBLIC DEBT, SUPREMACY OF THE CONSTITUTION, OATH OF OFFICE, RELIGIOUS TEST. 1. All debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution as under the Confederation. 2. This Constitution, and the laws of the LTnited States which shall be made in pursuance thereof ; and all treaties made, or which shall be made, under the authority of the LTnited States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. 3. The Senators and Representatives before mentioned, and the members of the several State legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States. ARTICLE VII. RATIFICATION OF THE CONSTITUTION. The ratification of the convention of nine States, shall be sufficient for the estabfishment of this Constitution between the States so ratifying the same. CONSTITUTION OF THE UNITED STATES 241 AMENDMENTS. ARTICLE I. Cong^ress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to as- semble, and to petition the government for a redress of grievances. ARTICLE II. A well-regulated militia, being necessary to the securit}' of a free state, the right of the people to keep and bear arms, shall not be infringed. ARTICLE III. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. ARTICLE IV. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, sup- ported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized. ARTICLE V. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or iiulictment of a grand jury, except in cases arising in the land or na\al forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardj' of life or limb ; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use •uathout just compensation. ARTICLE VI. In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall 16 242 CONSTITUTION OF THE UNITED STATES have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against liim ; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. ARTICLE VII. In suits at common law, where the value in cont^o^'ersy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in anj^ court of the United States, than according to the rules of the common law. ARTICLE VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. ARTICLE IX. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. ARTICLE X. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respec- tively, or to the people. ARTICLE XI. The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State. ARTICLE XII. L The electors shall meet in their respective States, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same State with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of CONSTITUTION OF THE UNITED STATES 243 the government of the United States, directed to the President of the Senate; the President of the Senate shall, in the presence of the Sen- ate and House of Representatives, open all the certificates and the votes shall then be counted; the person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of electors appointed ; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote ; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a Presi- dent whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. 2. The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest mmibers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessarj^ to a choice. 3. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. ARTICLE XIII. 1. Neither slavery nor involuntary servitude, except as a punish- ment for crime whereof the party shall have been dul>' convicted, shall exist within the United States, or any place subject to their jurisdiction. 2. Congress shall have authority to enforce this article by appro- priate legislation. ARTICLE XIV. 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or inmiunities of citizens of the United States; nor shall any State deprive any person of life, liberty. 244 CONSTITUTION OF THE UNITED STATES or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a State, or the members of the legislature thereof, is denied to any of the male inhabitants of suct State, being twenty-one years of age, and citizens of the United States- or in any way abridged, except for participation in rebellion or othet crime, the basis of representation therein shall be reduced in the pro- portion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each house, remove such disability. 4. I'he validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emanci- pation of any slave ; but all such debts, obligations, and claims shall be held illegal and void. 5. The Congress shall have power to enforce, by appropriate legis- lation, the provisions of this article. ARTICLE XV. 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on accoum of race, color, or previous condition of servitude. 2. The Congress shall have power to enforce this article Dy appro- priate legislation. INDEX PAGE Acceptor _ 211 Accessory to a crime 215 Actions, Legal 163 Acts of Trade 25 Adjournment. See Congress Admiralty Law 162 Administrators 213 Admission of new States 178 Agency 209 Aliens 192 Ambassadors 137 Amendment XII 123 Amendment XIII 187 Amendment XIV 61 Amendment XV 188 Amendments 182, 183 Amnesty 132 Annapolis Convention 40 Annual Message 148 Appointments 129 Apportionment 60 Appropriations 109 Arbitration, International 193 Aristocracy 10, 12 Armistice 133, 196 Army 102 salaries and terms of officers of 169 Arrest 217 Arson, 217 Articles of Confederation, adopted. 32 attempts to amend 39 government under 39 outline of 3.5 Articles of Impeachment 156 Assaults 215. 216 Attainder, Bills of 109 Attorney-General 145 Autocracy 10 Bail 186 Bailment 209 Bank 142 Bankrupt 100 Bankruptcy 1 00 Law defined 100 National, Laws 99 proceedings in 100 State, Laws 101 Belligerency, Recognition of 196 Belligerents 104 Communications between. . . . 19.5 Obligations of neutrals and, to each other 196 Bigamv 217 Bill, .Joint 79 of Pains and Penalties 110 Bill of Righta. pa^.e. American 183 English 23 BUls 77 for raising revenue ._ 116 passed over " President's veto'" 1 IH of Attainder 109 of Credit 112 of E.xchange.' 211 Blockade 197 Bond and Mortgage 207 Borrowing power of Congress 88 Bribery 1.58 Burglary 217 Cabinet, appointment of 134 defined 7 in England and United States . 135 meetings of 13.5 origin of 134 Call of the House 74 Capture at Sea 196 Cartels 195 Caveat 93 Census 62, bb, 146 Cession 191 Charges d'Affaires 138 Charter Governments 43 Charter of Liberties 20 Plymouth and London Com- panies 22 Charters of Corporations 210 Chattel Mortgages 208 Chattels 203 Checks 211 Circuit Courts, circuits and judges of 160 original jurisdiction of 165 Circuit Courts of Appeal, composition of 160 jurisdiction of 166 Citizens 13 effect of war on 195 rights of 98, 172 Citizenship, determination of 97 Nation.al 96 of resident of a Territory 177 Civil Action 163 Civil Officers defined 157 Civil Rights 202 (^ivil Service .\ct 130 Civil Service Reform 130 Civil War defined 194 Classified Civil Service 1.30, 142 Clearance of Vessels 86 Coast Survey 142 Codicils 213 246 INDEX PAGE Coinage, State not to engage in ... . 112 under direction of Treasury Departnaent 141 Collateral Security 207 Collectors of Custom.s 84 Collection of Revenues 84, 141 Colonial Governments 42 Colonies, Classification of 42 Commerce 85 Commerce, Colonial 25 demoralized state of 40 Concmorce, Inter.<;tate 87 Commercial Agents 140 Commissions, International 193 Commissioner of Labor 147 Committee of States 35 Committee of the Whole 78 Committees in Congress 75, 77 Committees of Correspondence. ... 28 Common Law defined 162 Commons, House of, first 21 permanently established 22 Commonwealth 13 Commutation of Sentence 132 Concurrent Resolution 79 Confederacies defined 9 monarchical 15 republican 16 Confederacy, Executive of the. . . . 120 Confederation, Articles of. See Articles of Confederation. Conference Committees 80 Confiscation 6 Congress 56 adjournments of, limited .... 71 committees of 75 constitutionality of acts of . . 80 detention of members of 70 executive departments created by 134 general powers of 105 Houses of, contrasted 64 implied powers of 105 interaction of Houses of 79 journals of 79 legislative powers of 80 Librarian of 147 limitations on powers of 80 organization and method of work of 71 place of meeting of 63 power of, over acquired terri- tory 176 power of, over jurisdiction of courts 165 power of President to convene . 134 power of, to admit new States . 178 prohibitions on legislation of. . 107 relations of President to 117 representation in 58, 62 sessions of 62 territorial delegates in 68 See also Continental Congress; House of Representatives; Representatives; Senate; Sen- ators. Congress of the Confederacy 35 PAGE Congress, Stamp Act 26 Congressional Districts 64, 66 Congressional Record 79 Connecticut Compromise 57 Conscription 6 Consideration 206 Constitution defined 7, 8 Constitution, Federal, difference be- tween Confederation and. ... 54 method of amending 182 objections to 50 origin of 52 preamble to . 52 ratification of 182 ratified 51 Constitutional Convention called. . . 40 prominent delegates to 46 statesmen absent from 48 Constitutionality 80 Consular Agents 140 Consular Service 139 grades of 139 Consuls 140 Consuls-General 140 Continental Congress, First 29 Continental Congress, Second 30 Contraband of War 197 Contracts 113, 205 conditions necessary for. ..... 205 obligation of, not to be im- paired by States 113 of agency 209 of indorsement 211 of insurance 210 of marriage 213 of partnership 209 of sale 208 oral 206 under seal 206 violations of 212 written 206 Convention (treaty) 132 Copyrights 93 infringement of 94 issued by Librarian of Con- gress 147 method of securing 94 Corporations 210 Council of State 7 Counterfeiting 90 Court of Claims 161 jurisdiction of 166 Court of Impeachment. See Im- peachment. Court Officers 161 Courts. See Supreme Court; In- ferior Courts; District Courts; Circuits Courts; Circuit Courts of Appeal; Court of Claims. Crime 215 a capital, defined 185 an infamous, defined 185 Crimes, against persons 216 against property 217 against the state 215 Criminal Action 163 trial by jury in 165 INDEX 247 PAGE Crown Colonies 42 Custom Houses 84 Customs. See Duties. Debate, Freedom of 71 Declaration of Independence 31 Declaratory Act 27 Deeds 206 recording 200, 208 Delegates to Congress 68 Democracy defined 13 pure 13 representative 13 Department of Agriculture 146 of Justice 145 of State 136 of the Interior 146 Despotism 10 Diplomacy 137 Diplomatic Agents 137 Diplomatic Commissioners 138 Diplomatic Privileges 138 Diplomatic Relations, severance of. 139 Diplomatic Service 137 Direct Taxes levied 85 Directors of Corporations 210 District Attorneys 161 District Courts. . 160 original jurisdiction of 165 District of Columbia 178 Di\'orce 213 Domiciled Alien 192 Drafts 211 Duties, collection of 84 export, prohibited 88 specific and ad valorem 83 States not to levy certain. ... 114 tonnage 114 Election, of President and Vice- President 121, 128 of Presidential electors 124 of Senators and Representa- tives 64 Elections, Review of 68 Electoral College. See Presi- dential Electors. Electoral Votes, Counting of 125 EmVjargoes 194 Eminent Domain, Right of 187 Entrv of Vessels 86 Equity 1 62 Estate 203 for life 203 for years 204 in dower 204 in fee 203 Estates in personal property 204 in real property 203 Eviction 204 Excises 83. 85 Executive. 120 fear of, in State governments. . 44 number of 121 reason for a separate 120 imder the Confederation 120 PAGE Executive Departments created by Congress 134 official heads of 136 when created 135 See aho wider their respective names. Executive Function 7 Executive Sessions 131 Executors 213 Exequaturs 139 Expatriation 192 Ex Post F'acto Laws 110 prohibited 109 Extradition 173, 192 Federal, Meaning of 49 Federal Governments 9 Federal Principle 17 Federal Territory 104, 174 Federalist, The 51 Felonies 215 Filibustering 78 Foreclosure of a Mortgage 207 Franchise 203, 210 Frank and franking privilege 92 Franklin, Benjamin 47 Fraud 215 Free Coinage 144 Freedmen 188 Freedom of Religion and Press. . . . 183 Free Trade 84 Fugitive Slaves 173 Fugitives from Justice 173, 192 Gerrymandering 66 Government 5,6 branches of 7 in a republic 14 ministr.v termed 7 of a State. See State Gov- ernments. of a Territory 176 of District of Columbia 178 plans of, discussed in Consti- tutional Convention 48 powers of 6 revolutionary, defined 32 system of, under Confederation 35,39 Governments 9 aristocratic 12 confederated 9 democratic 13 hierarchical 12 monarchical 10 patriarchal 10 single 9 theocratic 10 Governments of the Colonies 42 Grand Jury 185 Grand Larceny 217 Grantee 206 Grantor 206 Greenbacks 144 Guarantor 208 Guaranty ^Q? 248 INDEX PAGE Guardians 214 Habeas Corpus ^2 not to be suspended 108 Habeas Corpus Act 22 Hamilton, Alexander 47 Hierarchies 12 High Crimes 158 High Seas 95, 191 Hostilities, Conduct of 195 Homicide 216 House of Commons. See Commons, House of. House of Representatives 56 change in 63 Committee of the Whole in. . . 78 committees of 75 drawing seats in. ..... 75 formalities of organization of. . 74 increase in membership of . . . . 62 officers of 72 rules of 77 special powers of 116 similarity of, to House of Com- mons 72 Husband and Wife 213 Impeachment 156 conviction under an 158 grounds of 158 House's sole power of 117 origin of 1 57 power of 155 procedure on 157 Senate's sole power to try cases of 117 Implied Powers of Congress. ...... 105 Imposts. See Duties. Inauguration of President 125 Indictment 185 Indorsement 211 Inferior Courts 159 jurisdiction of 1''5 Insolvent 100 Inspectors of Customs 84 Insurance 210 policv of 211 Internal Revenue 85 International .Arbitration 193 Intern.Ttionnl ("ommiss'ons 193 International Law 190 Interstate Commerce 87 Interstate Commerce Commission.. 147 Intervention 191 Intestate 212 Joint Bill 79 Joint Resolution 79 Joint High Commissions 193 .lournals of Congress 79 Judgments of one State in another. 172 Judicial Function defined 7 Judiciarv 151 divisions of 156 establishment of 155 independence of 155 limitations on 163 PAGie Judiciary, necessity of a National. 154 of the Confederacy 154 Jurisdiction 162 appellate 162 concurrent 162 limitations of, as to parties. . . 163 limitations of, as to penalties. 164 limitations of, as to subject . . 163 of Circuit Courts 165 of Circuit Courts of Appeal. . . 166 of Court of Claims 166 of District Courts 165 of Supreme Court 164 original 162 Jurisprudence, Origin of American . 162 Jury Trial, in civil action 187 in criminal action 165,186 Landlord 204 Larceny 217 Law 4, 5 admiralty 162 common 162 military 103 municipal 202 Salic 11 statute 162 supreme, of the land 181 unwritten 162, 202 written 162,202 Laws of Nations 95, 190 Laws, making, interpreting and en- forcing 7 Lease 204 Legal Tender 143 States not to make anything, but gold and silver 112 Legislation, method of 77 Lee, Richard Henry, Resolution by. 30 Legislative Function defined 7 Legislative Powers. See Congress. Legislature, National. See Con- gress. teS::::::;:::::::;;;:::::::::i Letters of Marque and Reprisal . . . 196 not to be granted by States. . . 112 Letters Patent 93 Libel 202,210 Liberty, Personal 203 Librarian of Congress 147 Liens... ..,. 21- mechanics - 1 - Life-saving Service J"*- I,ighthouse Service 1^^ Location -09 Long Session o-^ Loose Constructionists 81 Mace 73 Madison. James ^^ Magna Charta 20 Mails, use of, limited 9- Manslaughter ~>\} Marriage 213 Master and Servant 214 Mechanic's Liens -1- INDEX 249 PAGE Messages of President 148 Military Law 103 Military Powers of Congress 101 of President 129 Militia 103 Ministers Plenipotentiary 137 Resident 138 Ministry defined 7 Mints 90 Misdemeanors 158, 215 Mixed Commissions 193 Monarchies 10 absolute 10 constitutional 11 division of, as to powers 10 division of, as to succession ... 11 elective 11 hereditary H limited 11 Monetary System 89 Monroe Doctrine 191 Morris, Gouverneur 48 Mortgagee 207 Mortgages 207 chattel 208 foreclosure of 207 recording 208 Mortgagor 207 Municipal Law 202 Murder 216 Nation defined 4 National Banks 142 government supervision of.. . . 143 liabilities of stockholders of . . . 143 organization of 142 National Bank Notes 144 issuance of 142 National Credit 181 National Income 85 National Protection of States 170 Naturalization 97, 192 Navy 102 Navy Department 145 Negotiable Paper 211 Neutral Trade 197 Neutrality 196 Neutrals' 194 obligations of, and belligerents to each other 196 New Jersey Plan 49 Congress in the 57 Nobility 10 titles of, prohibited Ill Norman Conquest, Effect of 19 Northwest Territory 33 delays ratification of Articles.. 33 iniluence of, on Union 40 New York cedes claims to. . . . 34 Virginia cedes claims to 34 Oath 69 Iron Clad 69 of Federal and State officers . . 69.75, 182 Oti8, James, on Writs of Assistance. 26 PAGE Pardons 132 examined by Attorney General. 145 Parent and Child 214 Parliament in 18th Century 56 Partnership 209 Passports 136 Patent (for land) 204 Patent, Letters 93 Patents 93 infringement of 94 issuance of 146 Peace made by Treaty 133 Peers 21 Pensions 146 People, Powers reserved to 187 Person 163 Persona Grata 139 Persona non Grata 138 Personal Liberty 203 Personal Property 203 Personal Security 202 Petit Jury 186 Petit Larceny 217 Piracy 95 Pocket Veto 119 Policy of Insurance 211 Polygamy 184 Ports of Entry 84 Postal Service 91 Postal Treaties 146 Postmaster-General 146 Post Office Department 145 Post-offices 92 Post-roads 92 Powers of Congress 80 of President 129 of Senate and House respec- tively 115 re.served by Constitution 187 Preamble 52 Preferred Ports 109 Presentment 186 Presents to Officials Prohibited. ... Ill Presidency, Succession to 128 President 120 and legislation 117 annual and other messages of. . 148 appointing power of 129 civil powers of 1 29 compensation of 127 duties of 148 establishment of office of 121 impeachment of 158 inauguration of 125 milit.ary power of 129 modes of election of 121 pardoning power of 132 peace and armistice made by. 133 power of, to conduct foreign relations 132 power of, to convene Congress. 134 qualifications of 126 removals by 131 sole responsibility of 149 term of office of 125 veto power of 118 See also Executive. 250 INDEX PACK President pro tempore of Senate. . . 72 Presidential Electors, election of 124 meetings of 124 Principal and Agent 209 Principal to a Crime 215 Privateers 196 Prize 196 Prize Court s 1 90 Probate of Wills 213 Prohibitions, on Federal Govera- rnent 108 on Federal and State Govern- ments 107, 109 on State Governments 112 Promissory Notes 211 Property 203 personal 203 protection to 1^6 real 203 Proprietary Governments 42 Protection 84 Protest of negotiable paper 212 Provincial Governments 42 Public Lands. See Northwest Ter- ritory. Punishment 6 Qualifications of President 126 of Representatives 58 of Senators 58 of voters for Representatives . 67 Quartering of Troops 26, 184 Quorum 73, 74 Ratifications of a Treaty IS.*^ Ratio of Representation 61 Real Property 203 Reciprocity 84 Registered Vessels 86 Rent 203,204 Representation, in Congress 58 in ''free" and "slave" States. 60 Representatives 64 apportionment of 60 compensation of 69 election of 66 House of. See House of Rep- resentatives. not to hold other office 59 oath of 69 qualifications of 58 residence of 67 salaries and terms of office of. 169 vacancies in office of 68 See also Congress. Reprieve 132 Reprisals 194 Republic 13 government in a 14 Resolution of Independence 30 Retaliation 84 Revenue Cutters 141 Revolution, American, cause of. . . 25 conditions at close of 39 Revolutionary Government 32 Right, of life 202 PAGE Right, of reputation 202 of way 203 Rights 4 absolute 202 Bill of. .See Bill of Rights. civil 202 of an accused person 185 of colonists in America 22 relative 213 secured by Magna Charta. ... 20 Risk in Insurance 211 Robbery 216 Royal Colonies 42 Rules of Senate and House. ... 77 Rules, International, in time of peace 190 in time of war 194 Salaries 169 Sales 208 Salic Law 11 Search 207 Search Warrants 184 Secret Service 141 Secretary of State 138 Secretary of Treasury 142 Securities of the United States... 91 Seignorage 144 Senate 56 confirmation of appointments by 129 committees of 75 executive sessions of 131 officers of 72 president of, the Vice-Presi- dent 71 rules of 77 similarity of, to Hou.se of Lords. 72 stability of 64 See also Congress. Senatorial courtesy 79 Senators 64 compensation of 69 election of 65 not to hold other oflBce 59 oath of 69 qualifications of 58 terms of 58 vacancies in office of 65 Sergeant-at-Arms 73 Servants 214 Sessions of Congress 62 Shipping Regulations 86 Short Session 63 Slander 202,215 Slave Trade not to be prohibited before 1808 108 Slavery 108 abolished by Amendment XIII. 187 Stockholders 210 Society 3 Sociology 3 Sovereignty 4, 5 recognition of 190 Speaker of House 72 compensation of 70 election of 74 INDEX 251 PAGE Speaker of House, influence of, on legislation 76 Spoils System 130 Stamp Act 26, 27 Stamp Act Congress 26 State defined 3 State Bonds 113 State Comity 172 State Governments,. 171 change of colonial to 43 character of 43 modeled on English system ... 44 State Rights 171 States, admission of new 178 national protection of 171 powers reserved to 187 prohibited from making treaties, etc . 112 republican form of govern- ment 170, 171 restrictions on and require- ments of, under Articles. .. . 37 Statute Law 162 Strict Constructionists 81 Subjects 10 Suffrage 18S Suicide 216 Supreme Court 1.59 appeals directly to 166 jurisdiction of 164 Supreme Law of the Land 181 Tariff 83 See also Duties. Taxation 81 federal and state 87 restrictions of powers of 87 Taxes 81 direct 82, 109 indirect 82 limited by Magna Charta 20 Tenant . 204 Territorial Citizenship 177 Territorial Governments 176 Territorial .Judiciary 177 Territorial Legislature 177 Territorial Officers 176 Territorial Rights 191 Territorial Waters 191 Territories, Delegates to Congress from 68 Territory, 191 acquisition of 174 Congres.sional power over an- nexed 176 Federal 104, 174 Testaments 212 Testator 212 Theocracy 10 Title 204 abstract of 207 by act of the parties 204 by descent 204 by devise ' 204 by gift 20.5 by grant 204 PAGE Title, by last will and testament . . 205 by operation of law 205 by sole act of the owner 205 Titles of Nobility Prohibited Ill Tonnage Duty 114 States not to levy 114 Torts 215 Townshend Acts 27, 28 Treason 158 Treasury Department 141 Treasury Notes 144 Treaties 132 effect of war on 194 making of 133 of peace 196 subjects of 193 Truces 195, 196 Trustees of Corporations 210 Ultimatum 194 Uniform Taxes defined 83 Union. See Governments, Con- federated. United States Commissioners 161 United States Marshals 161 United States Notes 144 Vacancy, in Office of President .... 128 Representative 68 Senator 65 Vendee 208 Vendor 208 Veto 14 President's power of 118 use of, in England 119 Vice-President 120 duties of 127 election of 122, 128 president of Senate 71 Virginia Plan 49, 50 Congress in the 57 Visit and Search 198 Voters, Qualifications of 67 War 194 contraband of 197 effect of, on citizens 195 effect of, on treaties 194 War Department 144 War of Independence. See Revo- lution, American. Ward 214 Warrant of Arrest 217 Washington, George 46 Weather Rureau 147 Weights and Measures 89,90 Will. Title bv 205 Wills 212 codicils to 213 executors of 213 probate of 213 Wilson, James 48 Writ 22 Writs of Assistance 25 Wrongs 215 UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book is DUE on the last date stamped below. SEP 5 195U AUG 3 1 195S stiii U8L Uv: ^i"* 1*' OCT 2 4 Iff? ii^TERLIBUAllY LOANS JAN 3 1970 r^K . :.^s i.;c:.! date ^T<.%t^ RfcC-O ID-W^ MAR 16^^^^ Form L9 — 157n-10,'48(B1039)44i AA 000 561 907 7 ' ». :;;iiiilll! Iril>liiliiiii:iuii.-i..