•^l^f^ ^~ UNIVERSITY OF CALIFORNIA 
 
 DEPARTMENT OF EDUCATION 
 
 GIFT OF THE PUBLISHER 
 
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 1905 
 
 LIBRARY 
 
 OF THE 
 
 University of California. 
 
 GIFT OF 
 
 Class 
 
 )i^: 
 
Digitized by the Internet Archive 
 
 in 2007 with funding from 
 
 IVIicrosoft Corporation 
 
 http://www.archive.org/details/civilgovernmentdOOschwrich 
 
CIVIL GOVERNMENT 
 
 DESCRIBING 
 
 THE VARIOUS FORMS OF GOVERNMENT— LOCAL, 
 
 STATE, AND NATIONAL— AND DISCUSSING THE 
 
 GOVERNMENT OF THE UNITED STATES FROM AN 
 
 HISTORICAL STAND-POINT 
 
 BY 
 
 EDWARD SCHWINN, A.M. 
 
 PRINCIPAL MT. AIRY SCHOOL, PHILADELPHIA 
 
 AND 
 
 W. WESLEY STEVENSON, A.M. 
 
 PROFESSOR OF HISTORY IN THE NORTHEAST MANUAL TRAINING SCHOOL 
 PHILADELPHIA 
 
 "PHILADELPHIA AND LONDON 
 
 J. B. LIPPINCOTT COMPANY 
 1905 
 
n.^^ 
 
 ^^l'^ 
 
 Copyright, 1901 
 
 BY 
 
 J. B. LippiNCOTT Company 
 
 tLECTROTVPED AND PRINTED BY J. B. LIPPINCOTT COMPANY, PHILADELPHIA, U.S.A. 
 
PREFACE. 
 
 Men seek after liberty, and find it only in being well 
 governed. The highest liberty, therefore, is in the best 
 government: a government wisely planned and faithfully 
 administered. 
 
 The people of the United States when ordaining and 
 establishing the Constitution were actuated by a desire to 
 secure to themselves and their posterity the blessings of 
 liberty. We are now enjoying in a large measure the civil 
 and religious freedom which our system of government is 
 so happily adapted to secure. Whether these will be en- 
 joyed by our posterity will depend largely upon what shall 
 be done to qualify the rising generation of American youth 
 for the duties and responsibilities of freemen. 
 
 In a system of government like ours, where the popular 
 will is paramount and sovereign, and where by virtue of 
 the system itself every male citizen enjoys the privilege 
 of suffrage, each individual is confronted with grave respon- 
 sibilities. Political privilege begets political responsibility, 
 and a citizen who enjoys the one must assume the other, 
 or, in his capacity as a citizen, be unpardonably delinquent. 
 
 In a very few years the destinies of the republic will be 
 committed to those who are now receiving instruction in 
 the schools. How important, then, that the course of in- 
 struction should embrace the study of Civil Government. 
 
 In theory ours is a government of the people ; and that 
 it may be such in/act^ the people must know how to govern. 
 
iv PREFACE. 
 
 The right of self-government can be valuable only as it is 
 exercised intelligently. In order that the very object of free 
 government may not be defeated and the people become 
 their own oppressors, they must know how to exercise the 
 rights of citizenship intelligently. 
 
 To the public schools and the many excellent private in- 
 stitutions of learning we must look for citizens qualified for 
 the business of self-government. A knowledge of our politi- 
 cal institutions is essential to the greatest good of all ; and, 
 therefore, the study of Civil Government should form a part 
 of every well-ordered course of study. 
 
 A desire to furnish a text-book suitable for class use has 
 been the leading aim of the authors, who, in sending forth 
 this work, indulge the hope that it may prove a blessing 
 to American youths, by preparing them for the efficient and 
 honorable discharge of the responsible duties of citizenship. 
 
 The Authors. 
 Philadelphia, February 27, 1901. 
 
AUTHORS' NOTE. 
 
 The language of the explanations is well fitted for the 
 minds of pupils from twelve to eighteen years of age. All 
 words that might tend to cloud the thought have been 
 omitted. Each clause of the Constitution and its explana- 
 tion have been kept together, so that they may be com- 
 pared. To have an explanation in one part of the book and 
 the clause in another would cause confusion. It is better 
 to have the necessary matter directly before the pupil than 
 to compel him to refer to another page. Many repetitions 
 therefore occur. 
 
 The Constitution is closely related to History. Many acts 
 in the history of the country were owing to the application 
 of the provisions of the Constitution. Wherever such 
 connections have existed, mention thereof has been made. 
 Under the power to declare war, the various wars of the 
 United States have been placed. After the provision for the 
 admission of new States, the names of States and the dates 
 of their admission have been recorded. 
 
 Numerous outlines and tables have been inserted. Out- 
 lines are very valuable in study. They contain the gist of 
 the subject, and enable the pupil to have before him its 
 important parts, shorn of details. The making of outlines 
 should be encouraged by the teacher. 
 
 Summaries and questions are placed at the end of each 
 chapter. The questions may be used or omitted at the 
 
Vi AUTHORS' NOTE. 
 
 discretion of the instructor. So many pointed questions 
 can be asked in this study that it is better for the teacher to 
 prepare entirely new ones. 
 
 The chapter on the Lives of Historical Characters should 
 be an instructive one. The sacrifices that these men made 
 and the struggles through which they went form a model 
 to be followed. Their memories should endear them to 
 those who share in the blessings of their efforts. A knowl- 
 edge of their lives has, therefore, been made a part of the 
 study of Civil Government. 
 
 A variety of historical and political articles has been in- 
 serted. It is not intended that they should be studied. As 
 supplementary reading, it is thought that they will be inter- 
 esting. 
 
 A Glossary of Terms forms part of the Appendix. The 
 terms frequently mentioned in the text are here briefly ex- 
 plained. A dictionary in the book is much more convenient 
 than a separate book. 
 
CONTENTS. 
 
 CHAPTER PAOK 
 
 I. Nature and Necessity of Government 1 
 
 II. Local Government 7 
 
 III. Different Forms of Government 20 
 
 lY. Colonial Government of America 25 
 
 Y. Attempts of the Colonies at Union 31 
 
 YI. The Articles of Confederation 39 
 
 YII. The Making of the Constitution 45. 
 
 YIII. The Congress of the United States 54 
 
 IX. Powers granted to Congress 99 
 
 X. Powers denied to Congress and to the States . . . 144 
 
 XI. The Executive Department 163 
 
 XII. The Judicial Department 208 
 
 XIII. Miscellaneous Provisions of the Constitution of 
 
 THE United States 229 
 
 XIY. Amendments to the Constitution of the United 
 
 States 265 
 
 XY. Lives of Historical Characters 279 
 
 XYI. Political and Historical Articles . ; 302 
 
 APPENDIX, 
 
 The Mayflower Compact 321 
 
 The Declaration of Independence 322 
 
 The Articles of Confederation 327 
 
 The Constitution of the United States 338 
 
 Amendments to the Constitution 350 
 
 The Emancipation Proclamation 355 
 
 Glossary of Terms 857 
 
 vii 
 
WHAT CONSTITUTES A STATE? 
 
 What constitutes a State ? 
 Not high-raised battlements or labored mounds, 
 
 Thick wall or moated gate ; 
 Not cities proud, with spires and turrets crowned ; 
 
 Not bays and broad-armed ports, 
 Where, laughing at the storm, rich navies ride ; 
 
 Not starred and spangled courts, 
 Where low-browed baseness wafts perfume to pride. 
 
 No ! Men, high-minded merij 
 With powers as far above dull brutes endued, 
 
 In forest, brake, or den, 
 As beasts excel cold rocks and brambles rude ; 
 
 Men who their duties know. 
 But know their rights, and knowing, dare maintain, 
 
 Prevent the long-aimed blow, 
 And crush the tyrant while they rend the chain : 
 
 These constitute a State. 
 
 Sir William Jonks. 
 
CIVIL GOVERNMENT. 
 
 CHAPTER I. 
 
 NATURE AND NECESSITY OF GOVERNMENT. 
 
 Man a Social Being. — No person can live wholly sepa- 
 rated from all other persons and fulfil the purpose of his 
 creation. His comfort, happiness, and development require 
 the assistance of others. Man is, therefore, naturally and 
 necessarily, a social creature ; and, the world over, we find 
 mankind living more or less closely associated. Such asso- 
 ciation of mankind we call Society. 
 
 Duties and Rights. — Out of the association of mankind 
 grow what are commonly called duties and rights. Every 
 member of a society is entitled to certain rights and privi- 
 leges, and he is also required to perform certain duties for 
 the good of others. If any person entering a society claims 
 the privileges of such society, he then assumes certain re- 
 sponsibilities. Every right claimed implies a duty assumed. 
 In all societies duties and rights are mutual. 
 
 The Family and School. — The smallest natural group 
 of persons is the family, which consists of father, mother, 
 brothers, and sisters. In the family each member has cer- 
 tain duties to perform and is entitled to certain rights, and 
 that family is the best and happiest in which parents and 
 children alike respect one another's rights and are faithful 
 in the performance of, eyec)C duty. , . . , 
 
2 CIVIL GOVERNMENT. 
 
 In the school the teacher and the pupils have duties to 
 perform, and upon the faithfulness of the performance of 
 these duties depends the success of the school. Teacher 
 and pupils have rights also. For instance, it is the right of 
 the teacher to exact obedience from pupils, and it is the 
 duty of pupils to obey ; it is the right of the pupils to claim 
 instruction at the hands of the teacher, and to instruct the 
 pupils is the teacher's duty. 
 
 Necessity of Government. — If every individual in any 
 community would be faithful in the performance of his 
 duties, and would not interfere with the rights of others, 
 the management of the affairs of society would be very 
 simple indeed; but in every association of men we find 
 those who are not willing to do this. Men are prone to 
 selfishness, and this often leads them to do things that they 
 should not do, and to neglect to do what is required of 
 them. Moreover, men do not agree as to what are their 
 rights and duties, and if left to themselves many disputes 
 would arise and much trouble would result. It is necessary, 
 therefore, that there be rules defining the rights and duties 
 of members of society ; and certain officers must be ap- 
 pointed or elected to see that these rules are observed. 
 
 Civil Society. — ^A civil society is one that is formed for 
 the purpose of government. While there are no written 
 laws for the government of a family or of a school, it is 
 necessary to have such laws for the government of civil 
 societies, and it is necessary also to have officers to enforce 
 these laws. 
 
 Meaningr of Government. — Civil government is the con- 
 trol, regulation, or management .'Of ; the affairs of civil 
 
NATURE AND NECESSITY OF GOVERNMENT. 3 
 
 society. It consists of laws which define the rights and 
 duties of members of the society, and of a number of per- 
 sons called officers, whose duty it is to see that the laws 
 are obeyed, and, if disobeyed, to punish offenders. The 
 primary purpose of government is to protect each individual 
 in the enjoyment of his rights, and to do this it must require 
 of each individual the performance of certain duties. 
 
 The Oonstitution. — When people imite for the purpose 
 of government they elect delegates to meet in convention 
 and make what is called a constitution. When this is 
 prepared it is submitted to the people, and by majority 
 vote is adopted. This constitution is the fundamental or 
 basal law made by the people. It directs what the govern- 
 ment shall be, what officers are to be elected, and what 
 duties are to be performed. While the constitution firmly 
 establishes the general principles of government, ample 
 opportunity is left for the free growth of all necessary in- 
 stitutions. It also prescribes what laws may or may not be 
 made. This is the foundation of the government, and no 
 law shall in anywise conflict with it. 
 
 Laws. — ^After the constitution is adopted by the people, 
 representatives are elected to a convention called the Legis- 
 lature or Congress for the purpose of making laws. Laws 
 are rules of action made by some proper authority, stating 
 what is right and prohibiting that which is wrong. These 
 laws are specific. They are intended to meet particular 
 cases, and in almost all laws we find a fixed penalty for 
 their violation. The purpose of all law is to restrain the 
 evil and vicious and to promote that which is productive of 
 the peace, comfort, and prosperity of the community. 
 
 In the United States constitutions are adopted by the 
 
4 CIVIL GOVERNMENT. 
 
 people, but the laws made after the adoption of the consti- 
 tution are made by their representatives. Both law and 
 constitution govern the people until new ones are adopted, 
 or until the old ones are changed. 
 
 It is easily seen that the Constitution of the United States 
 contains few rules in comparison with the number made by 
 the government. The laws made since 1789 greatly exceed 
 in number those contained in the Constitution. The Con- 
 stitution is like the foundation of a building ; it is that upon 
 which succeeding specific laws are built. 
 
 A Statesman on Government. — Society can no more 
 exist without government, in some form or other, than man 
 without society. The political, then, is man's natural state. 
 It is the one for which his Creator formed him, into which 
 he is impelled irresistibly, and the only one in which his 
 race can exist and all his faculties be fully developed. 
 
 It follows that even the worst form of government is 
 better than anarchy, and that individual liberty or freedom 
 must be subordinate to whatever power may be necessary 
 to protect society against anarchy within or destruction 
 without. 
 
 Just in proportion as a people are ignorant, stupid, de- 
 based, corrupt, exposed to violence within and dangers 
 without, the power necessary for government to possess, in 
 order to preserve society against anarchy and destruction, 
 becomes greater and greater, and individual liberty less and 
 less, until the lowest condition is reached, when absolute 
 and despotic power becomes necessary on the part of the 
 government, and individual liberty becomes extinct. 
 
 So, on the contrary, just as a people rise in the scale of 
 intelligence, virtue, and patriotism, and the more perfectly 
 they become acquainted with the nature of government, the 
 
NATURE AND NECESSITY OF GOVERNMENT. 5 
 
 ends for which it was ordered, and how it ought to be 
 administered, the power necessary for government becomes 
 less and less, and individual liberty greater and greater. 
 
 John C. Calhoun. 
 
 SUMMARY. 
 
 1. Man is naturally and necessarily a social being. His highest 
 good is dependent upon society. 
 
 2. In every society the members are entitled to certain rights and 
 are under obligations to perform certain duties. 
 
 3. The smallest natural group of persons is the family. 
 
 4. Government is a necessity, because man's selfishness leads him 
 to neglect his duties and to disregard the rights of others. 
 
 6. A civil society is one formed for purposes of government. 
 
 6. Civil government is the control, regulation, or management of 
 the affairs of society. 
 
 7. The Constitution of the United States is the fundamental law. 
 No law shall in anywise conflict with it. 
 
 8. Laws are specific rules for the government of society, and are 
 intended to restrain all that is evil and vicious and promote that 
 which is productive of the peace, comfort, and prosperity of the com- 
 munity. 
 
 QUESTIONS. 
 
 1. Why is it necessary for man to associate with man? 
 
 2. Do all classes of persons associate with others to the same 
 extent? Illustrate your answer by taking two persons, one living in 
 the country and the other living in the city. 
 
 3. What is a duty? 
 
 4. What is a right ? 
 
 6. What is the smallest natural group of persons ? Why is it true 
 that the best results are obtained when the rights of each are re- 
 spected and the duties of each are properly performed ? 
 
 6. In what manner is a school a society? How may the best 
 results be obtained in the school ? 
 
 7. In what case would government be unnecessary ? 
 
6 CIVIL GOVERNMENT. 
 
 8. What makes governments necessary, and what is their purpose? 
 
 9. A constitution marks the beginning of a government. Show in 
 what manner this is true. 
 
 10. Laws are made after the constitution is adopted. Why are 
 laws necessary when there is a constitution ? 
 
 11. Constitutions and laws : (a) Define each ; (b) Tell how each 
 is made ; (c) What is the difference between them? 
 
CHAPTER 11. 
 
 LOCAL GOVERNMENT. 
 
 Introduction. — The United States is composed of a 
 number of States and Territories. Each State is divided 
 into counties, and each county is divided into townships. 
 In some States the township is divided into school dis- 
 tricts. The smallest civil unit that need be considered is 
 the township. The purpose in making these divisions of 
 States and counties is to bring the management of affairs 
 closer to the people and thereby secure better government. 
 
 Note. — In Louisiana the divisions of the State are called Parishes. 
 In the New England States the divisions of counties are called Towns, 
 and in Delaware they are called Hundreds. 
 
 Citizenship. — A citizen of any one of the above-named 
 divisions is a person who resides within the limits of such 
 division. Since towns and townships are parts of counties, 
 counties parts of States, and States parts of the United 
 States, it follows that a person may at once be a citizen of 
 a town, township, county, State, and nation. No State can 
 adopt a constitution or make a law which in anywise con- 
 flicts with the Constitution of the United States, and as all 
 towns, townships, and counties are subject to the laws of 
 the State in which they are located, it is evident that the 
 highest power lies in the general government. If, then, we 
 are faithful in the performance of our duties as citizens of 
 the United States, we will be true and loyal citizens of the 
 State, county, and township in which we live. 
 
 7 
 
8 CIVIL GOVERNMENT. 
 
 TOWNSHIP GOVERNMENT. 
 
 Township OflBcers. — As previously stated, the township 
 may be regarded as the smallest civil unit. The number 
 of township officers is not great, there being in most cases 
 only an Assessor, Tax Collector, Constable, Justice of the 
 Peace, and a Board of School Directors. All these officers 
 have important duties to perform, and upon the proper 
 discharge of these duties depend the peace, happiness, and 
 prosperity of the community. 
 
 Duties of Township Oflacers. — It is the duty of the As- 
 sessor to make a list of taxable property and to fix a value 
 upon said property, and when the tax is levied the Tax 
 Collector collects it. The Justice of the Peace hears com- 
 plaints brought by one citizen against another, settles dis- 
 putes, or, if unable to do so, returns them to the county 
 court for trial. The Constable serves the Justice of the 
 Peace, and in some cases does police duty. The Board of 
 School Directors has charge of the schools. 
 
 Note. — All towns, townships, cities, counties, and States do not 
 have the same officers. They vary in name, number, and duties j 
 hence it is suggested that the teacher explain to pupils these matters 
 as they pertain to the particular locaHties where this book is used. 
 Pupils should be encouraged to gather information on local condi- 
 tions from parents and others, and the teacher should take advantage 
 of every local and general election to instruct pupils in such matters. 
 
 COUNTY GOVERNMENT. 
 
 Oounty-Seat. — In every county there is a town called 
 the county town, county-seat, or capital. Here the county 
 officials have their offices, and the county courts are held 
 here at stated intervals. The county prison is located at 
 this place. 
 
LOCAL GOVERNMENT. 9 
 
 Oflacers of the County. — In counties, as in townships, 
 the officers are not always the same in name or number, 
 nor are their duties always the same. Generally the 
 county officers are the Judge of the Courts, Sheriff, Treas- 
 urer, District or Prosecuting Attorney, Clerk of the Courts, 
 Recorder, County Surveyor, Auditors, Coroner, Superin- 
 tendent of Schools, and a Board of Commissioners. 
 
 Duties of County Officers. — It is the duty of the Judge 
 of the Courts to preside over the county courts and to see 
 that all business brought before him is transacted in accord- 
 ance with the provisions of the law. 
 
 The Sheriff serves the court, keeps the county prison, 
 and performs many other important duties. 
 
 The Treasurer is the custodian of the funds of the 
 county, and as such receives and disburses all money be- 
 longing to the county. 
 
 The District Attorney conducts all prosecutions for public 
 offences and defends the interests of the people in the 
 courts. 
 
 The Clerk of the Courts keeps a record of all the busi- 
 ness of the courts, especially of criminal cases. In some 
 States an officer called the Prothonotary keeps the records 
 of civil cases tried in the courts. 
 
 The Recorder, sometimes called Register and Recorder, 
 makes and keeps for future reference copies of wills, deeds, 
 and other important legal papers. 
 
 The County Surveyor is the officer who surveys land, 
 surveys new roads, and traces the boundaries between tracts 
 of land. 
 
 The Auditors examine and certify to the correctness of the 
 accounts of officials who have anything to do with receiving 
 and paying out public money. 
 
10 CIVIL GOVERNMENT. 
 
 The Coroner inquires into the cause of the death of per- 
 sons who have met death by violence or from some un- 
 known cause. The Coroner is assisted by a number of 
 citizens who together are called a Coroner's jury. The 
 purpose of the Coroner's inquest is to fix the responsibility 
 for death from other than natural causes. 
 
 The Superintendent of Schools is charged with the duty 
 of looking after the educational interests of the people of 
 the county. 
 
 The County Commissioners have much to do in the 
 management of the affairs of the county. They look after 
 all property belonging to the county, build bridges, levy 
 taxes for county purposes, equalize assessments, etc. This 
 board generally consists of three members. 
 
 TOWN AJSTD CITY GOVERNMENT. 
 
 Incorporated Towns. — When large numbers of people 
 are crowded together, as in cities and towns, vice and crime 
 increase, and it is then necessary to have a more rigid gov- 
 ernment than in rural districts where the people do not live 
 so closely. For purposes of government, towns and cities 
 are incorporated, that is to say, they are made separate civil 
 units. They are given a charter which grants some special 
 privileges. 
 
 Town Oflacers. — Incorporated towns have what is known 
 as a Mayor or Burgess, who is the chief executive officer. 
 Then there is a Council composed of citizens elected by the 
 people. This Council makes laws for the government of 
 the town. These laws are called ordinances, and relate 
 chiefly to the management of the markets, improvement of 
 streets, protection against fires, and all other matters per- 
 taining to the general welfare of the town. There are also 
 
LOCAL GOVERNMENT. 11 
 
 Constables, Justices of the Peace, School Directors, and, in 
 some cases, a police force. In small towns the constables 
 do police duty. The duties of Constable, Justices of the 
 Peace, and School Directors are the same as are performed 
 by the same officers in the township. 
 
 Divisions of Cities and Towns. — Most towns and all 
 cities are divided into wards, and wards are divided into 
 precincts. The latter division is made chiefly for election 
 purposes. 
 
 City Government. — The government of a large city is 
 more difficult and consequently more complicated than the 
 government of a small town. The duties of city govern- 
 ment may be enumerated as follows : To repress crime and 
 violence ; to prevent epidemics ; to clean and pave the 
 streets ; to protect property against fires ; to construct side- 
 walks, sewers, and bridges; to maintain a suitable police 
 force ; to provide educational facilities ; to regulate places 
 of amusement ; and to do everything to restrain the evil, 
 vicious, and lawless, and to promote the peace, comfort, 
 and prosperity of the community. The larger the city the 
 greater is its peril and the greater the need of a strong 
 government. 
 
 Cities act under a charter, which is a sort of fundamental 
 law setting forth the manner in which the city is to be 
 governed. 
 
 Usually city governments are divided into departments, 
 such as the Police Department, Street Department, Fire 
 Department, Law Department, Tax Department, etc. The 
 Coimcils of large cities are divided into two branches, — Com- 
 mon Council and Select Council. 
 
12 CIVIL GOVERNMENT. 
 
 STATE GOVERNMENT. 
 
 State Constitution. — ^The government of each State is 
 provided for in its constitution, which is formed by delegates 
 chosen by the people. After the constitution is framed it 
 is submitted to the people for their approval, and if a ma- 
 jority of the qualified voters favor the constitution it then 
 becomes the fundamental law or basis of the State govern- 
 ment. This constitution provides that when it no longer 
 meets the needs of the people it may be altered or set aside 
 and a new one made and adopted as at first. 
 
 Departments of State Government. — All State consti- 
 tutions provide for three departments, the names and the 
 functions of which are as follows : 
 
 1. The Legislative Department, in which is vested the power to 
 make all laws for the government of the State. 
 
 2. The Executive Department, which is charged with the execu- 
 tion or enforcement of the laws. 
 
 3. The Judicial Department, which interprets and applies all laws 
 and decides disputes between individuals. 
 
 Legislative Department. — The Legislative Department 
 of the State government consists of a State Senate and a 
 House of Representatives, or Assembly, which together 
 constitute the State Legislature. Of the two branches the 
 Senate is regarded as the higher, but the House has the 
 greater number of members. In some States members of 
 the House are elected for two years and Senators for four 
 years. The meetings of the State Legislatures are held 
 annually or biennially, but when public interests demand 
 it the Governor may call a special session. 
 
LOCAL GOVERNMENT. 13 
 
 Note. — As the organization of the State Legislature, the manner of 
 passing laws, etc. , are similar to methods pursued in Congress, it is 
 not necessary here to discuss these matters. The teacher can pursue 
 the course deemed best for his class. 
 
 Executive Department. — ^The principal officers consti- 
 tuting what is commonly called the Executive Department 
 of the State are the Governor, Lieutenant-Governor, Secre- 
 tary of State, Treasurer, Attorney-General, Adjutant-Gen- 
 eral, Auditor-General, Insurance Commissioner, and Super- 
 intendent of Public Instruction. In some States all these 
 officers are elected by the people ; in other States some are 
 elected and others are appointed by the Governor. 
 
 Duties of the Governor. — As the chief executive it is 
 the Governor's duty to see that the laws are faithfully 
 executed. He performs all the executive business that is 
 to be transacted with officers of the government, both civil 
 and military. He may call for information in writing re- 
 specting the conduct of their offices from the officers of the 
 Executive Department. Upon the request of a Governor of 
 another State he may issue an order for the return of any 
 criminal who may have fled from justice. Such request 
 from the Governor of another State is called a requisition, 
 and the order for the return of the criminal is called an 
 order of extradition. 
 
 The Governor is closely associated with the Legislature, 
 as his assent is necessary to give legal force to an act of the 
 Legislature, and his veto prevents an act from becoming a 
 law unless, by a two-thirds vote, the Legislature overrides 
 his veto. He can call the Legislature in special session. 
 
 He is commander-in-chief of the State militia, and as such 
 he may act in cases of foreign invasion or of serious internal 
 disorder. 
 
14 CIVIL GOVERNMENT. 
 
 The Governor issues commissions to certain officials. 
 He has also power to appoint certain officers when a 
 vacancy occurs and no other means of filling such va- 
 cancy has been provided. He nominates, subject to the 
 approval of the State Senate, all officers not elected by the 
 people. 
 
 He has power to grant pardons, reprieves, and commuta- 
 tion of sentence after conviction in all cases except treason 
 and impeachment. 
 
 The Lieutenant-Governor. — The Lieutenant-Governor 
 stands in the same relation to the Governor of a State as 
 does the Vice-President to the President of the United 
 States. His only duty is to preside over the State Senate, 
 in which he has a vote only in case of tie. He succeeds to 
 the governorship when there is a vacancy. All States do 
 not have a Lieutenant-Governor. 
 
 Secretary of State. — The Secretary of State keeps a 
 record of the official acts of the Legislature and the Execu- 
 tive Department of State government, affixes the great 
 seal of the State to all commissions, pardons, and other 
 public instruments to which the official signature of the 
 Governor is required, records all conveyances to the State, 
 all articles of incorporation filed in his office, and all official 
 bonds, and he publishes the acts of the Legislature. 
 
 The State Treasurer. — The State Treasurer keeps all 
 moneys belonging to the State, and pays out the same on 
 warrants issued in accordance with the law. He must, 
 when requested, give to the Legislature information as to 
 the condition of the Treasury. 
 
LOCAL GOVERNMENT. 15 
 
 The Attomey-GeneraL — It is the duty of the Attorney- 
 General to prosecute or defend in the courts all cases in 
 which the State or any officer thereof, in his official capacity, 
 is a party. It is also his duty to give his opinion in writing 
 upon any question of law relating to any of the offices of 
 the Executive Department. 
 
 Superintendent of Public Instruction. — The Superin- 
 tendent of Public Instruction has general supervision of the 
 educational work of the State. By his department are 
 collected valuable statistics relating to the public schools 
 and other educational institutions supported wholly or in 
 part by public money, and this information is given to the 
 public in a report published annually or biennially. 
 
 Other State Oflacers. — ^The Adjutant-General, acting 
 under the direction of the Governor, provides for and has 
 general charge of the State militia. 
 
 The Auditor-General, sometimes called the State Auditor, 
 or Comptroller, is the financial agent of the State. He 
 examines and adjusts all claims and accounts against the 
 State, and orders the payment of such as he approves. 
 
 The Insurance Commissioner protects the interests of 
 the people by keeping general oversight of the insurance 
 companies doing business in the State. 
 
 THE JUDICIAL DEPARTMENT. 
 
 The Different Courts. — The judicial power of the State 
 is vested in certain courts, variously named. The lowest 
 court is that presided over by the Justice of the Peace. 
 Then there are County Courts, a Superior Court, and a 
 Supreme Court. All of the courts are established by the 
 
16 CIVIL GOVERNMENT. 
 
 constitution and by laws enacted by the State Legislature. 
 When sitting as a court of impeachment, the Senate has 
 judicial power. 
 
 Progress of Suits at Law. — A citizen having cause for 
 complaint against another, makes information before a Jus- 
 tice of the Peace, who, if unable to settle the dispute, returns 
 it to the county court for trial. Here the case is first 
 reviewed by what is called a grand jury ; and, if in the 
 judgment of this jury the case is worthy of further consid- 
 eration, it reports to the court that in such case they find 
 a " true bill." Then the case is called in court and tried by 
 twelve men, , who constitute what is known as the petit 
 jury. If either plaintiff or defendant to the suit be dissat- 
 isfied with the verdict of the county court, he can appeal 
 to one of the higher courts. The Supreme Court is the 
 highest State court to which a citizen may appeal. 
 
 Board of Pardons. — It is not the desire of the govern- 
 ment unjustly to deprive any person of life or liberty, and, 
 therefore, there has been provided an additional safeguard 
 in the Board of Pardons. If, after a case has been carried 
 through all the courts and the convicted person has been 
 sentenced, it should appear from after-discovered evidence, 
 or from any cause, that injustice has been done the person 
 under sentence, he may ask the Board of Pardons to re- 
 view his case. This Board is usually made up of certain 
 State officers. If the Board of Pardons should reach the 
 conclusion that the convicted person has been unjustly 
 condemned or has been too severely punished, they recom- 
 mend him to executive clemency. The Governor has the 
 power to pardon the person or commute his sentence. 
 
LOCAL GOVERNMENT 17 
 
 SUMMARY. 
 
 1. To bring the management of public affairs closer to the people 
 and thereby secure better government, States are divided into counties 
 and counties into townships. 
 
 2. The township is the smallest civil unit. 
 
 3. The principal township officers are Assessor, Tax Collector, 
 Justice of the Peace, and a Board of School Directors. 
 
 4. The county town is the place where the officers of a county 
 have their offices, where the county courts are held, and where the 
 county prison is located. 
 
 5. The principal officers in a county are Judge of the Courts, 
 Sheriff, Treasurer, District Attorney, Clerk of the Courts, Recorder, 
 Surveyor, Auditors, Coroner, Superintendent of Schools, and a Board 
 of Commissioners. 
 
 6. Towns and cities require a more rigid government than rural 
 districts because of the increase of vice and crime when large num- 
 bers of persons are brought together. 
 
 7. To incorporate a town is to make it a separate civil unit. 
 
 8. Aside from the Burgess and town Council, the officers of a 
 town are generally the same as those of a township. 
 
 9. Towns and cities are divided into wards, and in cities wards are 
 divided into precincts. 
 
 10. However varied the duties of the city government, the purpose 
 is to restrain the evil, vicious, and lawless, and to promote the peace, 
 comfort, happiness, and prosperity of the people. 
 
 11. Special laws passed by town or city Councils are called ordi- 
 nances. Such ordinances must not in anywise conflict with State or 
 national laws. 
 
 12. City governments are divided into departments, such as Police 
 Department, Street Department, Fire Department, Tax Department, 
 and Law Department. 
 
 13. The Councils of large cities are divided into two branches, — 
 Common Council and Select Council. 
 
 14. The State government is provided for in a State constitution 
 adopted by the people. 
 
 15. The State government consists of three departments, — Legisla- 
 tive, Executive, and Judicial. 
 
 2 
 
18 CIVIL GOVERNMENT. 
 
 16. The Legislative Department consists of a State Legislature 
 composed of two branches, — viz., Assembly and Senate. 
 
 17. The principal officers of the Executive Department are Governor, 
 Lieutenant-Governor, Secretary of State, Treasurer, Attorney-General, 
 Adjutant-General, Auditor-General, Insurance Commissioner, and 
 Superintendent of Public Instruction. Some of these officers are 
 elected by the people, others are appointed by the Governor with the 
 consent of the State Senate. 
 
 18. The Judicial Department consists of various courts established 
 by the State constitution and by laws made by the Legislature. 
 
 19. Suits at law are begun in a court of a Justice of the Peace and 
 are then tried in the county court. Appeals are sometimes taken to 
 the higher courts. The Supreme Court is the highest State court to 
 which any citizen can appeal. 
 
 QUESTIONS. 
 
 1. Of what is the United States composed? 
 
 2. How are States, counties, towns, and cities divided? 
 
 3. What is the smallest civil unit considered in this book? 
 
 4. What is the object in dividing States and counties? 
 
 5. What are the divisions of the State of Louisiana called ? 
 
 6. What names are given to townships in New England and Dela- 
 ware? 
 
 7. Of what are you a citizen ? 
 
 8. Name the township, town, or city, and the county and State 
 of which you are a citizen. 
 
 9. Name the principal officers of a township. 
 
 10. What are the duties of each township officer? 
 
 11. Why do towns and cities require a more rigid government? 
 
 12. Name the principal officers of a town. 
 
 13. What are the duties of each town officer? 
 
 14. What is the title of the executive officer of a town ? 
 
 15. What is said of the departments of city government? 
 
 16. What are the duties of each department? 
 
 17. What body makes the special laws for the government of a 
 town or city? Of what is it composed ? 
 
 18. What is a town or city law called ? 
 
 19. In what county do you live ? 
 
LOCAL GOVERNMENT. 19 
 
 20. Name the county-seat. 
 
 21. Name the principal officers in your county. 
 
 22. Name the persons now filling those offices. 
 
 23. What are the duties of each officer? 
 
 24. How many counties are in your State ? 
 
 25. What is the fundamental law of a State ? 
 
 26. How is a State constitution made ? 
 
 27. How many departments in State government? 
 
 28. State briefly the function of each department. 
 
 29. Of what is the State Legislature composed ? 
 
 30. How are the members of State Legislatures elected? What 
 is the term of an Assemblyman? What is the term of a State 
 Senator ? 
 
 31. When does your State Legislature meet? 
 
 32. Name the principal officers in the Executive Department. 
 
 33. Name the persons now filling these offices. 
 
 34. Tell briefly what are the duties of each State officer. 
 
 35. Name the different courts constituting the Judicial Department 
 of the State. 
 
 36. Tell of the progress of a suit at law. 
 
 37. Which is the court of last resort in a State? 
 
 38. Tell all you know of the Board of Pardons. 
 
CHAPTER III. 
 
 DIFFERBNT FORMS OF GOVERNMENT. 
 
 Different Countries and Peoples. — From your study of 
 geography you have learned that the surface of the earth 
 is divided into many countries, and that these countries are 
 inhabited by peoples differing in manners, customs, lan- 
 guage, education, and in their advancement in the arts and 
 sciences. In view of these varied conditions, it is not sur- 
 prising that there should be different forms of government. 
 
 Forms of Government. — Although there are many 
 countries, the forms of government may be arranged in 
 four classes, as shown in the following table : 
 
 Forms of Government 
 
 1. Monarchy. 
 
 2. Aristocracy. 
 
 3. Democracy. 
 I 4. KepuWic. 
 
 s: 
 
 Absolute. 
 2. Limited. 
 
 Monarchy. — In a monarchy the power is vested in one 
 person, who generally inherits the office, and who holds 
 the place at his pleasure or for life, and at death the place 
 is given to some member of his family. Various titles are 
 applied to monarchs, such as King, Queen, Emperor, Em- 
 press, Czar, Mikado, Shah, Khedive. 
 
 Different Kinds of Monarchies. — Monarchies are of two 
 classes, divided according to the power of the chief person 
 in each. Those monarchies in which the rulers have abso- 
 lute power over their subjects are called Absolute Mon- 
 
 20 
 
DIFFERENT FORMS OF GOVERNMENT. 
 
 21 
 
 archies. In an absolute monarchy the sovereign may make 
 the laws, see that they are executed, and punish offenders. 
 
 
 Country. 
 
 Ruler. 
 
 Social Condition. 
 
 
 Kussia. 
 
 Czar. 
 
 Civilized. 
 
 
 Turkey. 
 
 Sultan. 
 
 Civilized. 
 
 Absolute Monarchies . : 
 
 China. 
 Persia. 
 
 Emperor. 
 Shah. 
 
 Civilized. 
 Semi-Civilized. 
 
 
 Egypt. 
 
 Khedive. 
 
 Semi-Civilized. 
 
 
 Morocco. 
 
 Sultan. 
 
 Semi-Civilized. 
 
 Limited Monarchy.- — A Limited Monarchy is that form 
 of government in which the sovereign's power over his 
 subjects is limited by a set of laws called a constitution. 
 This form is also called a Constitutional Monarchy. 
 
 
 Country. 
 
 Ruler. 
 
 Social Condition. 
 
 
 Great Britain and 
 Ireland. 
 
 King or Queen. 
 
 Enlightened. 
 
 
 Sweden and Norway. 
 
 King or Queen. 
 
 Enlightened. 
 
 
 Germany. 
 
 Emperor or 
 Empress. 
 
 Enlightened. 
 
 Limited 
 Monarchies . 
 
 Austria-Hungary. 
 
 Emperor or 
 Empress. 
 
 Civilized. 
 
 
 Netherlands. 
 
 King or Queen. 
 
 Enlightened. 
 
 
 Belgium. 
 
 King or Queen. 
 
 Enlightened. 
 
 
 Greece. 
 
 King or Queen. 
 
 Civilized. 
 
 
 Japan. 
 
 Mikado. 
 
 Enlightened. 
 
 
 Italy. 
 
 King or Queen. 
 
 Enlightened. 
 
 Difference between Absolute and Limited Monarchies. 
 
 1. All limited monarchies have constitutions, thereby giving the 
 people more power. 
 
22 CIVIL GOVERNMENT. 
 
 2. In limited monarchies the people are generally enlightened, 
 while in absolute monarchies they are but civilized. 
 
 3. In an absolute monarchy the ruler exercises all the powers of 
 government, while in a limited monarchy the people as well as the 
 ruler take part in the government. 
 
 Aristocracy. — An aristocracy is a government controlled 
 by a few men. These men are well known to the people 
 by their wisdom or wealth, or by having performed some 
 great service for the country. This form of government 
 never existed to a great extent in any part of the world. 
 Venice at one time was under such a form. A few of the 
 Swiss Cantons were formerly aristocracies. 
 
 Democracy. — A democracy is that form of government in 
 which the people decide for themselves what shall be done 
 on all occasions. In this form the people are their own 
 sovereigns. This system existed in the early history of 
 Rhode Island and in the " Town System of New England." 
 Some of the Swiss Cantons are good examples of this form. 
 It is the best system of government that can be devised for 
 a community having a small population, but in any country 
 where the population is large, it would be almost impossible 
 to assemble all of the people in a certain place at a speci- 
 fied time. In such an assemblage it would also take a long 
 time to obtain the opinions of the people on any question, 
 and the work of the people would have to be neglected in 
 order that they might attend such meeting. 
 
 Republic. — A republic is that form of government in 
 which the voice of the people is shown through their repre- 
 sentatives. Instead of all men giving their opinions g. cer- 
 tain few are elected from the entire number to act for them. 
 These men are called representatives. In a democracy the 
 
DIFFERENT FORMS OF GOVERNMENT. 
 
 23 
 
 people act for themselves, while in a republic the represen- 
 tatives act for them. 
 
 Country. 
 
 Ruler. 
 
 Social Condition. 
 
 United States. 
 
 President. 
 
 Enlightened. 
 
 Mexico. 
 
 President. 
 
 Civilized. 
 
 Brazil. 
 
 President. 
 
 Civilized. 
 
 France. 
 
 President. 
 
 Enlightened. 
 
 Switzerland. 
 
 President. 
 
 Enlightened. 
 
 Liberia. 
 
 President. 
 
 Civilized. 
 
 Republics 
 
 Combination of Different Forms. — In some coun- 
 tries, at the present time, distinct forms of government are 
 combined, — e.g.^ although Great Britain is a limited mon- 
 archy it has some of the characteristics of a republic. The 
 House of Commons is composed of members chosen by 
 the people. The rest of the government is hereditary; 
 therefore, like a monarchy. 
 
 The United States. — A Democratic Republic. — The 
 people of the United States elect persons to r<ipresent 
 them in the making of laws and in the management of the 
 government. Thus far it is democratic. But when the 
 people act through representatives, and not directly, they 
 introduce the republican feature. In other words, as soon 
 as the people transfer their power to their representatives 
 the form of government ceases to be democratic and be- 
 comes republican. Therefore, the government of the United 
 States is a democratic republic. 
 
 All the States of the United States follow the govern- 
 ment of the United States, each in itself being a democratic 
 republic. 
 
24 CIVIL GOVERNMENT. 
 
 SUMMARY. 
 
 1. Different natural and social conditions tend to make a variety of 
 forms of government. 
 
 2. Some forms of government are, — monarchy, aristocracy, democ- 
 racy, and republic. 
 
 3. A monarchy is one in which the power is vested in one person. 
 In an absolute monarchy all power is exercised by this person, while 
 in a limited monarchy his power is restricted. 
 
 4. The aristocratic form is controlled by a small body of men in- 
 stead of one man. 
 
 6. In a democratic form of government the people are their own 
 rulers. 
 
 6. The republican form provides for representatives, who are chosen 
 by the people and who act for them. 
 
 7. The United States government is a combination of the democratic 
 and republican forms. The work is done by representatives, but these 
 are chosen by the people. 
 
 QUESTIONS. 
 
 1. Enumerate the principal features of these governments : (a) 
 Limited monarchy ; (b) Absolute monarchy ; (c) Aristocracy ; (d) De- 
 mocracy ; (e) Republic. 
 
 2. Mention three forms of government which exist to-day, and 
 name three nations governed by each form. 
 
 3. Name several things which would tend to influence the form of 
 government of a nation, 
 
 4. Think of the various kinds of governments ; think of their ad- 
 vantages and disadvantages. Select the one under which you would 
 prefer to live, and give your reasons therefor. 
 
 5. W^hat are the differences between an absolute and a limited 
 monarchy? 
 
 6. The United States is a democratic republic. Explain how this is 
 possible. 
 
 7. Make an outline. Call it Forms of Government. Place in it : 
 (a) The names of the different forms j (6) Three countries under each 
 form ; (c) The title of the ruler in each ; (d) The name of the present 
 ruler ; (e) The social condition of the people. 
 
CHAPTER IV. 
 
 COLONIAL GOVERNMENT OF AMERIOA. 
 
 Rise of Colonies in America. — The explorers who were 
 sent out by the countries of Europe in the fifteenth cen- 
 tury were given power to take or claim, in the names of 
 their sovereigns, the land discovered by them. This land 
 then became a part of the old country. The reports of the 
 wealth of the newly discovered country were such as to 
 cause an immense emigration from the old world. Another 
 reason which served to increase the population of the new 
 country was the religious persecution of the Puritans and 
 Quakers in England and of the Huguenots in France. As 
 you know, these people came to America to enjoy religious 
 freedom. The people who came from Europe settled in 
 groups and established colonies. A settlement of people 
 living away from the home or mother country, but subject 
 to its laws and authority, is called a Colony. 
 
 Different Colonies in America. — The people in the 
 colonies lived under government, but the governments of 
 all the colonies were not alike. When the Revolutionary 
 War broke out there were three distinct forms of colonial 
 government, — namely, Royal or Provincial, Proprietary, and 
 Charter. 
 
 Royal or Provincial Form. — This form consisted of 
 a governor appointed by the king, and a colonial legislature 
 consisting of two houses ; the upper house being composed 
 of members selected by the king, and the lower, of mem- 
 
 25 
 
26 
 
 CIVIL GOVERNMENT. 
 
 bers elected by the people. The governor had the power 
 to veto any bill passed by the legislature. He could con- 
 vene or adjourn the legislature at pleasure. With the con- 
 sent of the legislature he could appoint judges and establish 
 courts. It will thus be seen that under this form the king 
 had absolute power over the colonies. 
 
 Colony. 
 
 By Whom 
 Settled. 
 
 Legislature. 
 
 Governor. 
 
 Massachusetts . 
 New Hampshire 
 New York . . 
 New Jersey . . 
 Virginia . . . 
 North Carolina 
 South Carolina 
 Georgia .... 
 
 English. 
 
 English. 
 
 Dutch. 
 
 English. 
 
 English. 
 
 English and 
 French. 
 
 English and 
 French. 
 
 English. 
 
 Upper house ap- 
 pointed by the 
 king. 
 
 Lower house 
 elected by the 
 people. 
 
 It made the laws 
 and could estab- 
 lish courts and 
 appoint judges 
 with the consent 
 of the governor. 
 
 Appointed by the 
 king. 
 
 He could sign or 
 veto bills. 
 
 He had the power 
 to convene or ad- 
 journ the legisla- 
 ture. 
 
 He could appoint 
 judges and estab- 
 lish courts when 
 the consent of the 
 legislature was 
 given. 
 
 Massachusetts for some years after its settlement had a 
 Charter form of government. In 1629 King Charles I. 
 granted a charter to a company of Englishmen who were 
 to have charge of the Massachusetts Colony. During the 
 reign of Charles II. the colony was deprived of its charter, 
 but in 1692 a new charter was granted. This was not so 
 liberal as the first charter, and practically changed Massa- 
 chusetts to a Royal Province. 
 
 Proprietary form of Government. — Under the Proprie- 
 tary form of government the control was exercised by pro- 
 
COLONIAL GOVERNMENT OF AMERICA. 
 
 27 
 
 prietors, who, for some consideration, received their author- 
 ity from the king. For instance, the English king owed Wil- 
 liam Penn a sum of money. This sum was not paid, but 
 instead land in the New World was granted. Under this 
 form of government the proprietor had the right to select 
 the governor and the members of the upper house of the 
 colonial legislature ; the members of the lower house were 
 elected by the people. 
 
 The proprietary colonies were generally well governed, 
 because each proprietor wished to have his colony in good 
 condition. To attain this end he would naturally appoint 
 a competent person as governor and proper persons for 
 members of the upper house of the colonial legislature. 
 The only difference between the Royal and the Proprietary 
 forms was in the person who appointed the governor and 
 the members of the upper house. 
 
 Colony. 
 
 Settled by. 
 
 Legislature. 
 
 Governor. 
 
 Maryland . . . 
 Pennsylvania . 
 
 Delaware . . . 
 
 English. 
 
 English and 
 Swedes. 
 
 English and 
 Swedes. 
 
 Upper house appointed ' 
 by the proprietor. 
 
 Lower house elected by 
 the people. 
 
 Appointed 
 by the pro- 
 prietor. 
 
 Charter Form. — The remaining colonies had more liber- 
 ties than the others. All their rights were mentioned in a 
 paper called a *' Charter," which was given to them by a 
 king. The people had the following rights : 
 
 1. To choose their own governor. 
 
 2. To elect the members of both houses. 
 
 3. To establish courts of justice. 
 
28 
 
 CIVIL GOVERNMENT. 
 
 The only restriction placed upon the people living under 
 this form was that no law should be passed by the colonial 
 legislature which was contrary to the laws of England. We 
 can very readily see that the people living under the 
 Charter form of government had the most political rights. 
 
 Colony. 
 
 Settled by. 
 
 Legislature. 
 
 Governor. 
 
 Ehode Island 
 
 Connecticut 
 
 English. 1 
 English, j 
 
 Both houses elected 
 by the people. 
 
 Chosen by 
 the people. 
 
 The people in these two colonies continued under their 
 original charter long after the adoption of the Constitution 
 of the United States. Connecticut did not supplant its 
 charter by a State constitution until 1818, while Rhode 
 Island waited until 1842 before adopting one. 
 
 Colonial Governments compared. — Of the three forms 
 of colonial government, the king had the most power under 
 the Royal form and least under the Charter. The people 
 under all these forms enjoyed some political rights. In the 
 Charter form the people were by far the happiest ; under 
 the Royal form continual disputes arose between the colo- 
 nies and the king. The three forms were alike in so far as 
 the composition of the lower house was concerned, it being 
 made up of members chosen by the people. 
 
 Town System of New England. — The Charter form of 
 government gave the people all political rights. There being 
 very few inhabitants at first, the people themselves decided 
 all questions of interest to the colony, thus forming a purely 
 democratic form of government. After the population in- 
 
COLONIAL GOVERNMENT OF AMERICA. 29 
 
 creased and the area of the colony became more extensive, 
 it was found necessary to divide the colony into districts, 
 from six to ten miles square, called towns or townships, in 
 order to preserve the democratic form of government. 
 Each town or township elected its own officers, thereby 
 forming the township government. 
 
 Once a year the voters of a township met to transact 
 business as follows : 
 
 1. To enact laws. 
 
 2. To make appropriations for various purposes. 
 
 3. To choose the following officers for the ensuing year : 
 
 (a) A town clerk. 
 (6) A town treasurer, 
 (c) Selectmen. 
 
 The town clerk had charge of all public papers. The 
 treasurer received and paid out money. The selectmen 
 saw that the laws enacted by the town-meeting were exe- 
 cuted when this body was not in session. 
 
 SUMMARY. 
 
 1. After the discovery of the New World its settlement began. 
 Settlements were caused by the reports of the wealth of the country 
 and by religious persecution in England and France. 
 
 2. Forms of colonial government, — Royal, Proprietary, and Charter. 
 
 3. These three forms were alike in that each had two houses in its 
 legislative assembly. In all cases the members of the lower house 
 were chosen by the people. Under the Royal form the people had 
 the least power. Under the Charter form the people had the most 
 power. 
 
 4. The town system which prevailed in the New England colonies 
 was purely democratic in character. Once a year all voters met to 
 decide the business of the township. 
 
30 CIVIL GOVERNMENT. - 
 
 QUESTIONS. 
 
 1. Explain fully the rise of the colonies in America. 
 
 2. Define colony. Classify the colonies according to their form of 
 government. 
 
 3. About colonies, mention the principal features of: (a) The 
 Royal ; (b) The Charter ; (c) The Proprietary. 
 
 4. Compare the governments in the colonies, showing : (a) How 
 they were alike ; (b) How they were different. 
 
 6. Suppose you lived in London in 1760, and were thinking of 
 coming to the colonies, to which colony would you have emigrated? 
 Why? 
 
 6. What is meant by the "Town System of New England" ? 
 
 7. Make an outline. Call it Colonial Governments. Place in it : 
 (a) The names of three forms of government ; (b) The colonies under 
 each ; (c) The name of the nation settling each ; (d) The appointment 
 of the legislature ; (c) The appointment of the governor. 
 
CHAPTER V. 
 
 ATTEMPTS OP THE COLONIES AT UNION. 
 
 Isolation of the Colonies. — The colonies in America 
 were so widely separated from each other, and the means 
 of communication were so difificult, that for many years 
 each colony acted independently. In those days a journey 
 from New York to Boston could only be made on horse- 
 back, by stage, or by boat. Such a journey was considered 
 so dangerous that few persons undertook to make it. Not- 
 withstanding these obstacles, the colonies gradually saw the 
 necessity of uniting against the Indians, who were becoming 
 very hostile, and who threatened them on all sides. 
 
 New England Confederation. — ^The New England col- 
 onies were greatly troubled by the French settlers on the 
 north, and by the Dutch, who claimed the territory be- 
 tween the Connecticut and the Hudson Rivers. An out- 
 break of the Indians was looked for at any time. The 
 people living in these colonies became convinced that it 
 was absolutely necessary to unite in order to resist the 
 encroachments of these hostile neighbors. 
 
 In 1643 the colonies of Plymouth, Massachusetts, Con- 
 necticut, and New Haven formed a union called " The 
 United Colonies of New England." The principal object 
 of this Union was for mutual protection against their ene- 
 mies. Maine and Rhode Island were anxious to join the 
 Union, but were refused because of their difference in re- 
 ligion from the other colonies which were members of the 
 Union. 
 
 81 
 
32 CIVIL GOVERNMENT. 
 
 This Union lasted forty years. It did not accomplish 
 everything that it set out to do ; however, its great value 
 was that it taught the colonies that in times of need they 
 must stand and act together. It also prepared the way for 
 stronger unions in the future. 
 
 Albany Convention. — The French and Indian War 
 broke out in the colonies about 1754. The French and 
 Indians were allies. At this time it looked as though the 
 colonies would be destroyed if they did not unite for pro- 
 tection. The colonies, at the suggestion of England, were 
 advised to appoint delegates to meet in convention at 
 Albany, 1754. Now Hampshire, Massachusetts, Rhode 
 Island, Connecticut, New York, Pennsylvania, and Maryland 
 were the only colonies that sent delegates. 
 
 Benjamin Franklin, a delegate from Pennsylvania, was a 
 leading member of this Convention. He did much towards 
 promoting the idea of the importance of having the colonies 
 united. In a newspaper which he owned he printed a 
 picture of a snake cut into thirteen parts and beneath it this 
 motto, " Unite or Die." * 
 
 The Convention made a treaty with the Indians and 
 adopted the following plan of union, proposed by Frank- 
 lin: 
 
 * Franklin took advantage of an old superstition to impress upon 
 the colonies the importance of uniting. At one time it was believed 
 that if a snake were cut into pieces and the pieces were allowed to 
 touch it would not die, but would live by becoming whole again. The 
 picture of the snake, used by Franklin, was cut into thirteen parts and 
 each part represented a colony. Franklin's idea was that if these 
 thirteen parts (colonies) did not unite for common defence they would 
 surely die, — i.e., they all would be conquered. 
 
ATTEMPTS OF THE COLONIES AT UNION. 33 
 
 1, It provided for a governor-general to be appointed by the king. 
 
 2. A grand council was to consist of representatives chosen by the 
 colonial assemblies. 
 
 This plan was rejected by the colonies because they 
 thought it gave too much power to the king, and by the 
 king because he thought it gave too much power to the 
 colonies. 
 
 Parliament taxes the Colonies. — The French and 
 Indian War proved to be very expensive to England. The 
 colonies, during the war, willingly assisted the mother 
 country by furnishing not only men but also money. 
 When the war ended, England found herself heavily in 
 debt. She was pleased to think that her territory in 
 America had been extended, but grumbled about paying the 
 debt incurred by the war which had secured it for her. 
 The colonies had reaped no benefit by the war except that 
 of being brought into closer relation with each other. The 
 King of England seemed to think that since the war had 
 been fought on American soil it was right that the colonies 
 should pay the expense. Accordingly, taxes were placed 
 on various articles of use and also a stamp tax on all 
 newspapers and legal documents that were used in America 
 by the colonists. The levying of some of these taxes was 
 in accordance with a law, known as the "Stamp Act," 
 passed by the English Parliament in 1765. No transaction 
 in which paper was used was considered legal unless a 
 stamp furnished by the British government was affixed. 
 
 Opposition of the Colonies to Taxation. — The tax 
 was small, but the right to impose such a tax was disputed 
 by the colonists. They claimed that they were English 
 
 subjects and as such could not be taxed unless they gave 
 
 3 
 
34 CIVIL GOVERNMENT. 
 
 their consent. They also contended that it was unjust to 
 tax them when they were not represented in Pariiament. 
 When the stamps came to America the colonists refused to 
 pay for them. 
 
 The Stamp Act Congress. — ^The people were so indig- 
 nant that a Congress was suggested. This Congress met in 
 1765 at New York. Massachusetts, Connecticut, Rhode 
 Island, New York, New Jersey, Pennsylvania, Delaware, 
 Maryland, and South Carolina were represented, and sev- 
 eral other colonies, although they sent no delegates, agreed 
 to abide by the decision of this Congress. 
 
 The Congress adopted three papers : 
 
 1. A Declaration of Rights, in which the colonies insisted that no tax 
 could be laid upon them without their consent. 
 
 2. A memorial to Parliament. 
 
 3. A petition to the king. 
 
 The results accomplished by this Congress were : 
 
 1. The repeal of the Stamp Act. 
 
 2. A closer union of the colonies was effected, this meeting being 
 the first general meeting — ^the colonies of the North and South alike 
 being represented. 
 
 Further Efforts to tax the Colonies. — ^The action of 
 the Stamp Act Congress and the great indignation of the 
 people led to the repeal of the Stamp Act in 1766. This, 
 however, did not seem to impress the king or Parliament 
 with the determined opposition of the colonists to taxation, 
 for immediately renewed cause for complaint was furnished 
 by: 
 
 1. Laying new taxes. 
 
 2. Closing the port of Boston. 
 
 3. Passing the Quartering Act. 
 
ATTEMPTS OF THE COLONIES AT UNION. 35 
 
 First Continental Congress. — These new acts of the 
 king and Parliament were so obnoxious to the colonists 
 that they became convinced that the only way out of this 
 constant disputing was open resistance. So, in 1774, the 
 First Continental Congress met in Carpenters' Hall, Phila- 
 delphia, to consider what course they should pursue. All 
 of the colonies were represented with the exception of 
 Georgia. Among the members were John Adams, Samuel 
 Adams, John Jay, Roger Sherman, George Washington, 
 Richard Henry Lee, and Patrick Henry. Peyton Randolph 
 was chosen president. The members of this Congress 
 agreed that in voting upon any question each colony was to 
 have but one vote. This method of conferring equal suf- 
 frage upon each colony was adhered to until the Federal 
 Constitution was adopted in 1789. 
 
 The following was the work of this Congress : 
 
 1. A Declaration of Rights was drawn up and addressed to the peo- 
 ple of Great Britain. In it the grievances of the colonies were stated. 
 
 2. They agreed to hold no intercourse or trade with the mother 
 country until their rights were acknowledged. 
 
 3. They agreed to uphold Massachusetts in her resistance. 
 
 4. They decided to meet in Philadelphia the following year. 
 
 The Second Continental Congress met as agreed upon 
 in Independence Hall, in 1775. It lasted, with short inter- 
 missions, until the Constitution of the United States went 
 into force. John Hancock was chosen president. This 
 Congress was considered as the lawful authority of the 
 colonies and was recognized as such by Massachusetts and 
 New York. Both of these colonies applied to it for advice. 
 Congress transacted the following business : 
 
 1. It organized all the soldiers as the Continental army. It as- 
 sumed control of the military affairs and appointed George Washington 
 commander-in-chief. 
 
36 CIVIL GOVERNMENT. 
 
 2. Passed measures to defray the expenses of the war. 
 
 3. Established a system of Continental currency. 
 
 4. Organized a general post-office with Benjamin Franklin as post- 
 master-general. 
 
 5. Determined upon separation by passing the Declaration of Inde- 
 pendence, July 4, 1776. 
 
 6. Passed the Articles of Confederation, 1777. 
 
 The Declaration of Independence. — In June, 1776, 
 Richard Henry Lee, in accordance with instructions given 
 him by the Virginia Convention, offered a resolution in Con- 
 gress which said, " These United Colonies are, and of right 
 ought to be, free and independent States." 
 
 This was considered a very bold step, as the persons 
 having anything to do with its adoption were liable to be 
 hanged for treason by England. A committee, however, 
 consisting of Thomas Jefferson of Virginia, John Adams 
 of Massachusetts, Benjamin Franklin of Pennsylvania, 
 Roger Sherman of Connecticut, and Robert Livingstone of 
 New York, was appointed on June 11 to write a declaration 
 containing the thought of Lee's resolution. 
 
 Jefferson wrote the Declaration, and Adams and Franklin 
 made some alterations. Lee's resolution and the Declara- 
 tion were submitted to Congress on the same day, July 1. 
 On July 2 the resolution was adopted by a large majority, 
 and the Declaration of Independence was finally adopted 
 July 4. In it the name " United States" is first used. It 
 was signed by fifty-six men. This precious document is 
 still preserved at Washington. The following are the fea- 
 tures of the Declaration : 
 
 1. It declared that all men were created free and equal. 
 
 2. It gave the reasons for the severing of the political ties which 
 bound the colonies to Great Britain. 
 
ATTEMPTS OF THE COLONIES AT UNION. 37 
 
 3. It gave all the rights to which the colonists thought they were 
 entitled. 
 
 4. It gave a lengthy list of grievances. 
 
 6. It declared that the colonies were free and independent. 
 
 SUMMARY. 
 
 1. The colonies were isolated. The reasons for this were : the 
 location, lack of means of communication, and difference in manners 
 and customs. Various external forces gradually caused them to unite 
 for protection. 
 
 2. As early as 1643 the colonies of New England formed a union 
 against the French, Dutch, and Indians. 
 
 3. A convention was held at Albany, in 1764, in which an attempt 
 was made to unite all the colonies. The attempt was a failure. 
 
 4. The tyranny of England caused the colonies to hold a meeting 
 at New York. They protested against the Stamp Act, which was soon 
 afterwards repealed. 
 
 5. The relations of England and the colonies were approaching a 
 crisis. A meeting was held in 1774. In this meeting separation 
 from England was mentioned. 
 
 6. The Second Continental Congress was the first meeting in which 
 all the colonies took part. From the stand-point of its work and dura- 
 tion, this was the most important meeting held during the existence 
 of the colonies. Among other measures adopted, the Declaration of 
 Independence and the Articles of Confederation were the most im- 
 portant. 
 
 7. The Declaration of Independence officially made the separation. 
 From the date of its adoption the United States begins. 
 
 QUESTIONS. 
 
 1. Explain fully the hinderances to an early union of the colonies. 
 
 2. What made an early confederation necessary ? 
 
 3. About the New England Confederation tell : (a) The reasons for 
 its formation ; (b) The time it was formed ; (c) The colonies that took 
 part ; (d) Its result. 
 
 4. Describe the Albany Convention. 
 
38 CIVIL GOVERNMENT. 
 
 6. Why did Parliament lax the colonies ? Why did the colonists 
 oppose taxation by Parliament? 
 
 6. What papers were adopted by the Congress of 1765? What 
 were the results accomplished by this Congress? 
 
 7. What led to the repeal of the Stamp Act? 
 
 8. What further acts were offensive to the colonists ? 
 
 9. About the First Continental Congress tell : (a) Where and when 
 it was held ; (b) Why it was held ; (c) Who its president was ; (d) 
 The power of each colony in voting ; (e) The results of this meeting ; 
 (/) Who some of the important members were. 
 
 10. In reference to the Second Continental Congress, state : (a) 
 Where and when it met ; (b) Who its president was ; (c) How long 
 this meeting lasted ; (d) The work performed by it. 
 
 11. What was the first step towards a separation from England? 
 
 12. Name the committee which drafted the Declaration of Inde- 
 pendence. When was the Declaration adopted? Name its principal 
 features. Quote some part of it that you have learned. 
 
 13. Attempts at union. Why necessary? Think of the several 
 attempts and tell : (a) Where the meetings were held ; (b) When 
 held ; (c) The work performed by each meeting. Make an outline 
 taking these facts into consideration. 
 
CHAPTER VI. 
 
 THE AUTICa^S OP CONFEDERATION. 
 
 Necessity of a Porra of Government. — The adoption 
 of the Declaration of Independence launched the colonies 
 into a war with England. To successfully wage this war 
 it was necessary that the colonies should act in harmony. 
 To the Second Continental Congress had been delegated the 
 work of carrying on the war and looking after the interests 
 of the new nation. This body, however, although it was 
 supposed to be the sovereign or central head of the govern- 
 ment, found its power so restricted that it could not enforce 
 obedience to its mandates. It often appealed to the States 
 to contribute money towards the support of the war, but 
 they paid no attention to such appeals until they felt in- 
 clined to do so. The States were fearful lest Congress 
 might usurp some of their powers. Again, the inability of 
 Congress to raise funds to prosecute the war often caused 
 violent disputes between that body and the Continental 
 army about the latter 's pay. 
 
 These unfortunate circumstances tended towards hinder- 
 ing the progress of the war. The thirteen States instead 
 of being united seemed to drift farther and farther apart. 
 The weakness of the government under the Second Conti- 
 nental Congress became apparent to the wiser men of the 
 country. It was seen that a stronger and firmer form of 
 government was needed. On the same day that the com- 
 mittee was appointed to draft the Declaration of Indepen- 
 dence a resolution was passed by Congress which called 
 for the appointment of a committee to draft Articles of Con- 
 
 39 
 
40 CIVIL GOVERNMENT. 
 
 federation. This committee was appointed on the following 
 day.* It soon made its report to Congress. After de- 
 bating this report from day to day, Congress finally passed, 
 November 17, 1777, a series of thirteen Articles. 
 
 The Constitution and the new government were termed 
 ''The Articles of Confederation and Perpetual Union be- 
 tween all the States of America." See Appendix. 
 
 It was generally supposed that this Constitution would 
 meet the demands of the nation. Before these Articles 
 could become the supreme law of the land, however, it was 
 necessary that all of the States should give their consent. 
 To secure this, it required four years, so that they did not 
 become operative until 1781. 
 
 Chief Features of the Articles of Confederation: 
 
 1. The Confederation was called the United States of America, and 
 was declared to be simply a firm league of friendship between the 
 States. It will thus be seen that the States did not form a nation, but 
 simply an alliance for the advancement of their own interests. 
 
 2. The different States retained their sovereignty and independence 
 in almost everything. 
 
 3. The Legislative Department of the government was vested in but 
 one body, styled the Congress. 
 
 4. Each State was represented by any number of delegates not 
 exceeding seven nor less than two. 
 
 5. Although the States had no definite number of Representatives 
 in Congress, but one vote was allowed each State upon any question. 
 
 * The committee was composed of twelve members, as follows : 
 Josiah Bartlett, Samuel Adams, Stephen Hopkins, Roger Sherman, 
 Robert R. Livingstone, John Dickinson, Thomas McKean, Thomas 
 Stone, Thomas Nelson, Joseph Hewes, Edward Rutledge, and Button 
 Gwinnett. John Dickinson, an eminent statesman, did most of the 
 work in connection with the drafting of the Articles of Confederation. 
 
THE ARTICLES OF CONFEDERATION. 41 
 
 6. There was no national system of courts. 
 
 7. There was no Executive Department, but during the adjournment 
 of Congress the power of an executive was vested in a committee of 
 thirteen members, composed of one member from each State. While 
 Congress was in session it was not only the Legislative Department but 
 also the Executive. 
 
 8. All national matters such as commerce, taxation, war, and dis- 
 putes between the States were under the control of Congress ; but there 
 was no power given to that body by which it could enforce obedience 
 to its decisions. 
 
 9. No amendment could be made to the Articles until it was passed 
 by Congress and agreed upon by the Legislature of every State. 
 
 10. The ratification of every State was necessary to adopt the Arti- 
 cles as the supreme law of the land. 
 
 Defects of the Articles. — From 1781 until 1789 the 
 thirteen States were governed by the Articles of Confedera- 
 tion. When passed by Congress, they were thought to 
 accomplish many things for the good of the States. But 
 men writing a Constitution cannot always foresee condi- 
 tions that are apt to arise in the future; therefore, the 
 defects of any new body of laws must be discovered while 
 it is in operation. 
 
 The defects of the Articles were soon noticeable. After 
 they had been in force but a short time it was found that 
 they were inadequate, and, further, that they were not 
 strong enough to govern the thirteen States in the alliance. 
 Among the weak features of the Articles were the following : 
 
 1. In their purpose. 
 
 2. Any State was permitted to be higher than the alliance. 
 
 3. Congress consisted of only one body. 
 
 4. No definite number of Representatives was specified, and but 
 one vote was allowed to each State. 
 
 5. No Judicial or Executive Department. The law could not be 
 interpreted nor executed. 
 
 6. Difficulty in amending the Articles. 
 
42 CIVIL GOVERNMENT. 
 
 Explanation of the Defects. — In declaring the Confeder- 
 ation to be simply a firm league of friendship, the acts of 
 the Articles of Confederation were not binding upon any- 
 State. Any State, consequently, could at any time it desired 
 leave the league. Such withdrawals, if numerous, would 
 certainly have broken up the Confederation. In the Consti- 
 tution of the United States the evil was remedied by 
 making the State subordinate to the United States. 
 
 In the construction of any legislative body it has been 
 found that by a division into two bodies, or Houses, far better 
 results have been obtained than by a Legislature consisting 
 of but one body. In a two-bodied Legislature one body acts 
 as a check to the rashness and extravagance of the other. 
 
 In the membership of a Congress it is always wise to 
 have some definite way of electing or appointing its mem- 
 bers. Under the Articles each State had its choice of the 
 number of members it wished to send to Congress. Under 
 the present Constitution each State must accept its propor- 
 tion of the members. Under the first system each State 
 had to pay the expenses of its Representatives ; under the 
 latter the national government pays their expenses. It is 
 right and proper that the national government should do 
 this. A State whose treasury was low, having the choice of 
 the number of Representatives it could send to Congress, 
 would select the lowest number permissible. A rich State, 
 on the other hand, could afford to pay the expense attached 
 to sending the largest number of delegates possible. In the 
 first case the interests of the State might suffer, while in 
 the second the interests of the State might be advanced. 
 
 Possibly the greatest defects were the omission of an 
 Executive Department and a Judicial Department. There 
 being no enforcing power, the laws passed by the Second 
 Continental Congress were ofl:en disregarded. This evil 
 
THE ARTICLES OF CONFEDERATION. 43 
 
 was remedied in our present Constitution by the making 
 of an Executive Department, which sees that the laws of 
 the land are executed. 
 
 All disputes in law cases were settled by State courts. 
 No appeal could be taken from the decision of these courts, 
 as there was no higher or national court to which to appeal. 
 One State court frequently rendered a decision contrary to 
 that given by the court of another State. This caused end- 
 less disputes and general dissatisfaction. Such condition of 
 affairs is hardly possible under our Federal Constitution, for 
 it provides for a system of national courts higher than any 
 State court. If a dispute is not satisfactorily settled in the 
 State courts of to-day, an appeal can be taken to one of the 
 United States courts. 
 
 Another weak feature of the Articles was the method 
 provided for amending them. To alter any part of them 
 the consent of all the States was required. This, like the 
 method of ratifying the Articles, would have consumed such 
 a long time that it would have been practically useless to 
 even try to alter or amend them. It required four years to 
 secure the consent of all the States to the ratification of the 
 Articles. Had ten States been deemed sufficient it would 
 have gone into effect in 1778, one year after being proposed. 
 Under the present Constitution the difficulty to amend is 
 not so great. 
 
 The Articles of Confederation existed as the fundamental 
 law of the land until 1789. In that year they were replaced 
 by the present Constitution. 
 
 SUMMARY. 
 
 1. The Second Continental Congress acted as the central govern- 
 ment during the Revolutionary War. It possessed little power, and 
 its acts could not be enforced. It was seen that a stronger govern- 
 
44 CIVIL GOVERNMENT. 
 
 ment was needed, and in 1777 the Articles of Confederation were 
 adopted by this Congress. They were not ratified by the States until 
 1781. 
 
 2. Under the new laws all States, large and small, had the same 
 power ; no national system of courts was established ; the executive 
 and legislative powers were not separated, and the power of the new 
 government was limited. 
 
 3. A long time was not required to show that the Articles were 
 defective. After 1781 the government appeared to be no stronger 
 than before. The chief cause was the lack of power given to Congress 
 to enforce its laws. 
 
 QUESTIONS. 
 
 1. During the Revolutionary period, why was a national government 
 required ? 
 
 2. What was the work of the committee appointed in June, 1776? 
 When was the report of this committee made ? Who constituted the 
 committee ? 
 
 3. Write, in column form, about the Articles of Confederation : (a) 
 Its chief features ; (b) Its defects. 
 
 4. Why was this code of laws defective? 
 
 5. The Articles of Confederation : (a) Tell what they were ; (b) By 
 whom written and adopted ; (c) Date of adoption ; {d) When ratified ; 
 (e) How long in force. 
 
CHAPTER VII. 
 THE MAKING OF THE CONSTITUTION. 
 
 The Trade Convention. — The beginning of any govern- 
 ment is its most serious stage. If it withstands this crisis 
 its continuance should be very easy. The Ari:icles of Con- 
 federation were adopted at a time when their weakness 
 could soon be discovered. A very short time proved that 
 they were deficient. The various public questions which 
 arose from 1781 to 1789 were so poorly met as to convince 
 the people that they were mistaken in the form of govern- 
 ment they had established. They saw it was necessary to 
 have some better form of government which would not 
 cause so much friction. 
 
 The commerce of the country at this time was increasing. 
 The laws of the different States, however, were of such a 
 nature that they often hindered rather than promoted trade. 
 To remedy these faults and to consider ways of advancing 
 commerce, a Convention was called by Virginia to meet at 
 Annapolis, 1786. The States of Virginia, Delaware, Penn- 
 sylvania, New Jersey, and New York were represented in 
 this Convention. 
 
 The Trade Convention, besides discussing commerce, 
 touched upon the condition of the country under the Arti- 
 cles of Confederation. Shays's Rebellion, which occurred 
 about this time, alarmed the people and showed them 
 that if the country were to exist and become prosperous 
 another and stronger form of government was immediately 
 needed. 
 
 45 
 
46 CIVIL GOVERNMENT. 
 
 So few being present at this meeting, the Convention 
 adopted an address which was sent to the different States 
 and Congress. The address called for another Convention 
 to meet the next year to consider the state of the Union. 
 Congress, by a resolution, decided that the Convention should 
 meet in Philadelphia, May, 1787. 
 
 The Constitutional Convention. — In accordance with 
 the resolution adopted by Congress, delegates met in In- 
 dependence Hall, May, 1787. The people of the country- 
 were generally in favor of this Convention. This is shown 
 by the fact that delegates were present from all the States 
 with the single exception of Rhode Island. 
 
 The reason for calling this Convention was the failure of 
 the Articles of Confederation to control the public questions 
 arising from time to time. The Convention's first work was 
 to consider the defects of the Articles and attempt to amend 
 them. This was necessary in order to make them meet the 
 needs of the country and the demands of the people. It 
 was soon found, however, that it was impossible to amend 
 the Articles, and that it would be much better to make a 
 new Constitution. The Convention decided to do this. 
 The delegates worked diligently, but made little progress 
 because of the different conditions existing in the various 
 States. 
 
 Plans suggested. — Four plans were submitted to the 
 Convention. None in its entirety was accepted, but the 
 best features of each were placed in the present Constitu- 
 tion. These plans were : 
 
 1. The Virginia Plan, written by James Madison, proposed to 
 give the government supreme power and thus make the States subordi- 
 
THE MAKING OF THE CONSTITUTION. 47 
 
 nate. This was opposed by a number of people who believed in the 
 preservation of State sovereignty. 
 
 2. The New Jersey Plan proposed to give Congress more power 
 than it possessed under the Articles of Confederation. It did not give 
 a remedy for a serious defect in the Articles, — namely, that a State was 
 still on an equal footing with Congress. This plan was presented by 
 William Patterson, of New Jersey. 
 
 3. Hamilton's Plan was to create a government which would be 
 a mixture of an aristocracy and a monarchy. This plan was immedi- 
 ately rejected. 
 
 4. Pinckney's Plan, submitted by Charles Pinckney, of South 
 Carolina. No details of this plan are known, as it was lost after the 
 Convention adjourned. 
 
 Compromises in the Constitution. — The different plans 
 and the various conditions in the States caused much dis- 
 cussion, which threatened at one time to dissolve the Con- 
 vention. The delegates from the States could come to an 
 agreement only by compromising. A compromise is an 
 agreement between two or more parties to a dispute in 
 which both sides agree to relinquish some of their claims. 
 Three compromises were effected in the Convention, — 
 namely : 
 
 1. The placing of every State, without regard to size or population, 
 on an equal footing in the Senate of the United States by giving each 
 State two members. The Constitution provides that * ' the Senate shall 
 be composed of two members from each State chosen by the Legislature 
 thereof for six years; and each Senator shall have one vote." In 
 regard to the House of Representatives, the Constitution contains the 
 following : * * Representatives shall be apportioned among the several 
 States according to their respective numbers.'* This was a com- 
 promise between the small and large States. 
 
 2. During the existence of slavery, three-fifths of the slaves were to 
 be counted in taking the census, and also in apportioning Representa- 
 tives among the States. A large part of the population of the Southern 
 
48 CIVIL GOVERNMENT. 
 
 States was composed of slaves, and to give the slave States sufBcienl 
 power it was agreed that three-fifths of all the slaves were to be 
 counted. This was a compromise between the slave and free States. 
 In accordance with this compromise the Constitution says, *' Represen- 
 tatives and direct taxes shall be apportioned among the several States 
 which may be included in the 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." 
 
 3. The importation of slaves from foreign countries was not to be 
 prohibited until the year 1808. This was also a compromise between 
 the slave and the free States. Providing for this compromise, the Con- 
 stitution states, * * The migration or importation of such persons as any 
 of the States now existing shall think proper to admit shall not be pro- 
 hibited by the Congress prior to the year one thousand eight hundred 
 and eight, but a tax or duty may be imposed on such importation, not 
 exceeding ten dollars for each person. ' ' 
 
 The Constitution completed. — On the 17th of Septem- 
 ber, 1787, the work of the Convention being finished, the 
 Constitution was signed by some of the delegates. Those 
 that did not sign had departed for home before the Consti- 
 tution was drawn up for signatures. The Constitution was 
 to be submitted to the States, and was to go into effect when 
 ratified by nine States. It was ratified by the different 
 States as follows : 
 
 1. 
 
 Delaware . . 
 
 . 1787 
 
 8. 
 
 South Carolina . 
 
 1788 
 
 2. 
 
 Pennsylvania 
 
 . 1787 
 
 9. 
 
 New Hampshire . 
 
 1788 
 
 3. 
 
 New Jersey . 
 
 . 1787 
 
 10. 
 
 Virginia . . . . 
 
 1788 
 
 4. 
 
 Georgia . . . 
 
 . 1788 
 
 11. 
 
 New York . . . 
 
 1788 
 
 5. 
 
 Connecticut . 
 
 . 1788 
 
 12. 
 
 North Carolina . 
 
 1789 
 
 6. 
 
 Massachusetts 
 
 . 1788 
 
 13. 
 
 Rhode Island . . 
 
 1790 
 
 7. 
 
 Maryland . . 
 
 . , 1788 
 
 
 
 
THE MAKING OF THE CONSTITUTION. 49 
 
 The Makers of Three Great Papers. — The Declaration 
 of Independence, the Articles of Confederation, and the 
 Constitution are three famous and important state docu- 
 ments. The first and the second were the work of the 
 people through their Representatives in the Second Conti- 
 nental Congress, while the third shows the power of the 
 people in an especially called Convention. All three exhibit 
 the immense power the people have in managing the gov- 
 ernment. 
 
 The Declaration of Independence says, " We, therefore, 
 the Representatives of the United States of America, in gen- 
 eral Congress assembled, appealing to the Supreme Judge 
 for the rectitude of our intentions, do, in the name and by 
 the authority of the good people of these colonies, solemnly 
 publish and declare, that these United Colonies are, and of 
 right ought to be, free and independent States." 
 
 The Articles of Confederation say, " We, the undersigned 
 delegates, by virtue of the power and authority to us given 
 for that purpose, do, in the name and in behalf of our re- 
 spective constituents, fully and entirely ratify the said Arti- 
 cles of Confederation." 
 
 The Constitution says, " We, the people of the United 
 States ... do ordain and establish this Constitution for the 
 United States of America." 
 
 Men and Constitutions. — The men who met in the Con- 
 vention and framed the Constitution of the United States 
 were really the same who had met some years before and 
 composed the Articles of Confederation. How different the 
 results by practically the same men ! One set of laws en- 
 dured for a short time only, while the other has lasted for 
 more than a century. There is some excuse for the weak- 
 ness of the former. No experience was possessed by the 
 
 4 
 
60 CIVIL GOVERNMENT. 
 
 men of the time in the making of laws. In the making of 
 the Constitution, the men were guided by the defects of the 
 Articles. James Wilson, one of the men who signed the 
 Declaration of Independence, wrote of the new Constitu- 
 tion, " Regarding it in every point of view with a candid 
 and disinterested mind, I am bold to assert that it is the 
 best form of government which has been offered to the 
 world." The late distinguished statesman Gladstone said, 
 " The American Constitution is the most wonderful work 
 ever struck off at a given time by the brain and purpose of 
 
 The Federalist. — When the Constitution of the United 
 States had been adopted by the Convention of 1787, it was 
 submitted to the States for ratification. Some of the States 
 ratified it, while others did not think it met their ideas of a 
 good government. Among the States that opposed the rati- 
 fication of the Constitution the foremost was the State of 
 New York. In order to secure this State's approval Alex- 
 ander Hamilton conceived the plan of explaining the work- 
 ings of the Constitution in plain but convincing language. 
 These explanations were made in a series of essays written 
 by Alexander Hamilton, John Jay, and James Madison. 
 They were published in the Independent Gazetteer^ a New 
 York journal, and were addressed to the people of New 
 York urging them to adopt the Constitution. The essays, 
 now known as "The Federalist," were always signed 
 under the assumed name " Publius." There were eighty- 
 five essays written. They are considered masterpieces of 
 argument. As a whole, they stand foremost among docu- 
 ments written upon government. The services of "The 
 Federalist" were invaluable, as, no doubt, it secured the 
 ratification of the Constitution by New York. 
 
THE MAKING OF THE CONSTITUTION. 51 
 
 Beginning of the New Government. — Nine States were 
 required to give their consent before the Constitution could 
 go into effect. Until this was obtained, the Second Con- 
 tinental Congress and the Articles of Confederation were 
 to remain in force. New Hampshire gave its consent 
 on June 21, 1788, making the necessary number. In con- 
 sequence, steps were taken by the Continental Congress 
 to arrange the details of installing the new government. 
 A committee was appointed in July, 1788, to report a 
 plan. They reported, in September, 1788, in the following 
 resolution : 
 
 *' Resolved, That the first Wednesday in January next be the day 
 of appointing the electors in the several States, which before the said 
 day shall have ratified the said Constitution ; that the first Wednesday 
 in February next be the day for the electors to assemble in their re- 
 spective States, and vote for a President ; and that the first Wednesday 
 in March next be the time, and the present seat of Congress the place, 
 for commencing proceedings under the said Constitution." 
 
 The resolution was adopted and its provisions carried 
 out. The *' first Wednesday in March next" fell on the 
 fourth day of that month, 1789. Afterwards Congress 
 made March 4 the regular inauguration day. The first in- 
 auguration was delayed till April 30, 1789, because of the 
 delay of Washington and the other government officials 
 in reaching New York. All succeeding inaugurations have 
 been held on March 4 excepting those which fell on a 
 Sunday, in which case it was held on the Monday fol- 
 lowing. 
 
 The new government nominally went into effect June 
 21, 1788, when the ninth State ratified the Constitution, 
 but its actual operation did not begin until April 30, 
 1789. 
 
52 
 
 CIVIL GOVERNMENT. 
 
 Name. 
 
 Date. 
 
 Meeting 
 Place. 
 
 A 
 
 8 
 
 1643 
 
 Boston. 
 
 4 
 
 1754 
 
 Albany, 
 New 
 York. 
 
 7 
 
 1765 
 
 New York. 
 
 9 
 
 1774 
 
 Philadel- 
 phia. 
 
 12 
 
 1775- 
 1789 
 
 Philadel- 
 phia. 
 
 13 
 
 1786 
 
 Annapolis. 
 
 5 
 
 1787 
 
 Philadel- 
 phia. 
 
 12 
 
 Object. 
 
 Important 
 Conventions 
 
 1. New England 
 
 Colonies 
 Convention. 
 
 2. Albany Con- 
 
 vention. 
 
 3. Stamp Act Con- 
 
 vention. 
 
 4. First Continen- 
 
 tal Congress. 
 
 5. Second Conti- 
 nental Con- 
 gress. 
 
 6. Trade Conven- 
 tion. 
 
 7. Constitutional 
 Convention. 
 
 For protection 
 against the Dutch 
 and Indians. 
 
 To prevent the en- 
 croachments of 
 the French and 
 Indians. 
 
 To resist the Stamp 
 Act. 
 
 To resist the op- 
 pression of Great 
 Britain. 
 
 To govern the 
 States during the 
 war with Eng- 
 land, and to free 
 them from the 
 mother country. 
 
 To discuss com- 
 merce. 
 
 To revise the Arti- 
 cles of Confederal- 
 tion. 
 
 SUMMARY. 
 
 1. At the Trade Convention, held in 1786, ways and means of 
 improving the commerce of the country were discussed. Few dele- 
 gates being present, nothing could be done. Those in attendance 
 spoke of the poor form of government. An address was issued which 
 called for another Convention, in 1787, to consider the present defec- 
 tive form of government. 
 
 2. The Convention met in Philadelphia. Instead of amending the 
 Articles of Confederation an entirely new form was proposed. This 
 was afterwards adopted and ratified. 
 
 3. The thirteen States were different in many ways. To make one 
 nation of them it was necessary to make all agree. The diverse 
 interests were brought together by compromises : 
 
 (a) Giving the small and large States the same power in the Senate. 
 In the House the membership was based on population. 
 
THE MAKING OF THE CONSTITUTION. 53 
 
 (b) The counting of three-fifths of the slaves in making the popu- 
 lation of a State for representation. 
 
 (c) Forbidding the prohibition of the slave-trade before 1808. 
 
 4. Before the new form of government could go into operation 
 the consent of nine States was necessary. Not all the States were dis- 
 posed in its favor. Some opposed it because they did not understand 
 its provisions. A series of papers, written by Hamilton, Madison, 
 and Jay, were issued. In them, parts of the Constitution were ex- 
 plained and reasons given why the people should ratify it. Through 
 these papers the consent of New York was secured. 
 
 5. Nine States were necessary to cause a change in the form of 
 government. When this was secured, a resolution providing for the 
 installation of the new government was adopted by the Second Con- 
 tinental Congress. The day fixed was March 4, 1789, but delays 
 postponed its beginning till April 30, 1789. 
 
 QUESTIONS. 
 
 1. Explain the purpose and result of the Trade Convention. 
 
 2. Answer the following questions about the Constitutional Con- 
 vention : (a) Why it was held ; (b) Where and when held ; (c) The 
 names of the States represented ; {d) The names and features of the 
 plans suggested ; (e) The compromises ; (/) The names, in order of 
 time, of the States ratifying it. 
 
 3. What relation does a body of men hold to the success of any 
 venture or work such as the Constitution ? 
 
 4. Explain fully the authorship and influence of "The Federalist." 
 
 5. What steps were taken by the Second Continental Congress to 
 place the Constitution in operation ? 
 
 6. Conventions in the United States. Make an outline showing •. 
 (a) The names of each ; (b) The date when held ; (c) The place of 
 meeting ; (d) The number of colonies represented in each ; (e) The 
 object to be attained ; (/) The result. 
 
 7. Define constitution, convention, compromise. 
 
CHAPTER VIII. 
 
 THE CONGRESS OP THE UNITED STATES. 
 
 PREAMBLE. 
 
 We, the people of the United States, in order to form a 
 more perfect union, establish justice, insure domestic tran- 
 quillity, provide for the common defence, promote the gen- 
 eral -welfare, and secure the blessings of liberty to ourselves 
 and our posterity, do ordain and establish this Constitution 
 for the United States of Anaerica. 
 
 The Preamble. — The word preamble means that which 
 begins or goes before ; as applied to the Constitution of a 
 State or country, it means a clause which goes before the 
 body of the Constitution. The preamble is no part of the 
 Constitution. It simply contains all the reasons for and pur- 
 poses of the adoption of the Constitution. The preamble of 
 the Constitution of the United States gives these reasons : 
 
 1. To form a more perfect union. 
 
 2. To establish justice. 
 
 3. To insure domestic tranquillity. 
 
 4. To provide for the common defence. 
 
 5. To promote the general welfare. 
 
 6. To secure the blessings of liberty for ourselves and our posterity. 
 
 Explanation of the Reasons. — The country, owing to 
 the many defects of the Articles of Confederation, was in a 
 very bad condition. The weakness of the Articles was the 
 main reason for holding a Constitutional Convention. It is 
 natural, therefore, that this reason should come first, — 
 namely, *' a more perfect union." 
 
 54 
 
THE CONGRESS OF THE UNITED STATES. 55 
 
 From the earliest history of the colonies, and until the 
 year 1789, the system of courts and the method of adminis- 
 tering justice were very incomplete. No remedy was found 
 under the Articles, for they did not provide for a national 
 system of courts. The courts of the States were the high- 
 est in power. As you have been told, appeals could not be 
 taken from the decisions of these courts, as there was no 
 higher body to which to appeal. The natural result of this 
 was that the verdicts of one State court were often directly 
 opposed to those of another. Justice is one of the bases 
 upon which a good and successful nation must be built. 
 This fact was clear in the minds of those men who made 
 the Constitution. To remedy this defect of the Articles a 
 system of national courts, higher than any State court or 
 group of State courts, was provided for in the Constitution, 
 and consequently mentioned in the preamble. 
 
 " To secure domestic tranquillity" a power higher than 
 the States was provided for in the nation, and thus all 
 cause for State jealousy was obliterated. Before 1789 the 
 several States were continually disputing with each other to 
 such an extent that it almost led to open warfare. 
 
 " Common defence" means that all the protection of the 
 nation was guaranteed to each State when needed. 
 
 " General welfare" was to be secured by all of the States 
 acting in harmony. 
 
 All the benefits of the Constitution and the " blessings of 
 liberty" were to be not only for the people of the United 
 States who lived about 1789, but for their children and their 
 descendants. 
 
 As we proceed in the study of the Constitution we will 
 see how all of these reasons and purposes expressed in the 
 preamble were carried out. We will also see how these pro- 
 visions mentioned in the Constitution caused violent dis- 
 
66 CIVIL GOVERNMENT. 
 
 cussions at different times. We think you will also be proud 
 of the strong government which it is your natural privilege 
 to enjoy. It required strong hands and wise men to make 
 this government. It will be your duty when you become 
 older to meet some perplexing problem of national impor- 
 tance. In your hands your forefathers and your fathers 
 place the destiny of the nation. 
 
 ARTICLE I. 
 
 Legislative Powers Vested in Congress. 
 
 Sec. I. All legislative powers herein granted shall be 
 vested in a Congress of the United States, w^hich shall con- 
 sist of a Senate and House of Representatives. 
 
 Legislative Department. — The government of the 
 United States is divided into three parts, each performing a 
 special function in carrying on the government, — ^they are : 
 
 1. The Legislative Department. 
 
 2. The Executive Department. 
 
 3. The Judicial Department. 
 
 Legislative means pertaining to law. The Legislative 
 Department is that branch of the government which makes 
 the laws. This power to make laws is vested in a Congress, 
 which consists of two bodies, — namely : 
 
 1. The Senate. 
 
 2. The House of Representatives. 
 
 Congress. — Two Houses. — Under the Articles there was 
 but one house, by which all the laws were made. Each 
 State was represented in this body by at least two and no 
 more than seven members. We have already discussed the 
 advisability of having a Legislature made up of two bodies. 
 
THE CONGRESS OF THE UNITED STATES. 
 
 57 
 
 It has been found that where there are t\To bodies one acts 
 as a check upon the ignorance and extravagance of the 
 other. The members of one body very often discover 
 serious mistakes in bills passed by the other body. Many 
 blunders and errors are thus discovered and corrected. 
 At the present time all civilized countries have their Legis- 
 lative Department divided into two departments. 
 
 In the United States the higher body, or Senate, is 
 made up of men who represent the State, while the lower 
 body, or House of Representatives, is made up of men who 
 represent the people. The number of members in the 
 upper house varies with the number of States. As new 
 States are admitted the number of members in this body 
 increases. The number of members in the House of Rep- 
 resentatives varies with the population of the States. All 
 States have the same representation in the Senate, and con- 
 sequently the same power. Delaware, which is a small 
 State, has as many Senators as New York, which is a very 
 large State. The former, however, has but one Repre- 
 sentative in the House of Representatives, while the latter 
 has thirty-seven. This arrangement of representation in the 
 Senate and House of Representatives was the result of a 
 compromise in the Constitutional Convention, discussed on 
 page 47. 
 
 liEGISLATIVB BODIES. 
 
 Country. 
 
 First Part. 
 
 Second Part. 
 
 United States 
 
 England 
 
 Germany 
 
 Switzerland 
 
 France 
 
 Senate. 
 
 House of Lords. 
 
 Bundesrath. 
 
 State Council. 
 
 Senate. 
 
 House of Kepresentatives. 
 House of Commons. 
 Eeichstag. 
 National Council. 
 Chamber of Deputies. 
 
 
 
68 CIVIL GOVERNMENT. 
 
 Composition of the House of Representatives. 
 
 Sec. n. 1. The House of Representatives shall be com- 
 posed of members chosen every second year by the people 
 of the several States, and the electors in each State shall 
 have the qualiiacations requisite for electors of the most 
 numerous branch of the State Legislature. 
 
 Composition of the House of Representatives. — The 
 House of Representatives is one branch of Congress. In 
 a large country like ours it is impossible for all the people 
 to have a voice in the government. It is necessary, there- 
 fore, for a certain number of people in each State to choose . 
 from among their number a person to act for or to 
 represent them. The person selected is called a Repre- 
 sentative. The Representatives from all the States make 
 up the lower body of Congress, called the House of 
 Representatives. 
 
 A Representative is chosen directly by the people of a 
 State, and his term of office is two years. 
 
 Elector means a qualified voter. 
 
 Qualifications means having the properties or qualities 
 necessary to secure or hold a certain position. 
 
 Each State Legislature is composed of two parts or 
 branches. The more numerous branch is that containing 
 the greater number of members. A voter or elector must 
 possess certain qualifications to vote for a member of the 
 more numerous branch of the State Legislature, and the 
 latter part of this clause means that if a voter or elector 
 can vote for a member of the more numerous branch 
 of the State Legislature the same qualifications will entitle 
 him to vote for a Representative in Congress. Suppose 
 Mr. Rawlinson is a candidate for the more numerous 
 branch of the State Legislature. Mr. Thomas is a candi- 
 
THE CONGRESS OF THE UNITED STATES. 59 
 
 date for Representative to Congress at Washington. The 
 Constitution provides that if Mr. Walton have the requisite 
 or necessary qualifications to vote for Mr. Rawlinson the 
 same qualifications will entitle him to vote for Mr. Thomas. 
 The object of this clause is to give all qualified persons a 
 voice in the making of the laws not only of the State but 
 also of the nation. 
 
 Qualifications of Representatives. 
 
 2. No person shall be a Representative -who shall not 
 have attained to the age of twenty-five years, and been 
 seven years a citizen of the United States, and who shall 
 not, w^hen elected, be an inhabitant of that State in which 
 he shall be chosen. 
 
 Qualifications of a Representative. — A person to be a 
 Representative must be twenty-five years of age, seven 
 years a citizen of the United States, and at the time of his 
 election must live in the State which he is to represent. 
 
 It will be seen from this clause that a foreign-bom person 
 may become a Representative. He must, however, first 
 become a citizen, which takes five years, then he must be 
 a citizen of the United States seven years, making twelve 
 years the shortest time in which a foreigner could become 
 a Representative. This is proper. A man who lives in a 
 country twelve years ought to know a great many things 
 about that country. So that, if a foreigner, who has any 
 amount of intelligence, can acquire the knowledge that a 
 person who wishes to be a Representative should have, he 
 can, after he has lived as a citizen of our country for seven 
 years, be eligible to that position. 
 
 A Representative must live, when elected, in the State 
 electing him. After being elected, he could, if he desired, 
 remove to another State and still be a Representative of the 
 
60 CIVIL GOVERNMENT. 
 
 State from which he removed. He could only be a Repre- 
 sentative of that State until it was time to select another 
 Representative in his place. A Representative seldom leaves 
 the State which he has been chosen to represent in Con- 
 gress. The people of a State always choose one of their 
 own number for Representative who knows their needs, 
 and one who will remain a resident of the State. In Eng- 
 land a man may be elected a member of Parliament with- 
 out being a resident of the place which he represents. 
 Thus, a man living in Birmingham, if he is chosen, may 
 represent Dublin, Ireland. When our forefathers made the 
 Constitution they thought it right that the honor to repre- 
 sent a community or State should be conferred upon a 
 person living in that community. A man living in Penn- 
 sylvania knows the needs and desires of that State better 
 than a man who lives in Texas. 
 
 Apportionment of Representatives and Direct Taxes— Census. 
 
 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 within every subsequent term 
 of ten years, in such a manner as they shall by law^ direct. 
 The number of Representatives shall not exceed one for 
 every thirty thousand, but each State shall have at least 
 one Representative; and until such enumeration shall be 
 made, the State of New Hampshire shall be entitled to 
 choose three, Massachusetts eight, Rhode Island and Provi- 
 dence Plantations one, Connecticut five. New York six. New 
 Jersey four, Pennsylvania eight, Delaware one, Maryland 
 six, Virginia ten, North Carolina five, South Carolina five, 
 and Georgia three. 
 
THE CONGRESS OF THE UNITED STATES. 61 
 
 Census. — Enumeration means counting the inhabitants 
 or people. This census is compulsory on the part of Con- 
 gress, and is taken every ten years. The uses of a census 
 are : 
 
 1. To fix the number of Representatives of each State in Congress. 
 
 2. To form a basis for the laying of direct taxes. 
 
 8. As a matter of history to compare the growth of one country 
 with that of another. 
 
 The Constitution went into effect in 1789. Previous to 
 this time no enumeration of the inhabitants of the country 
 had been made, consequently the number of persons in each 
 State was unknown, and it was impossible to tell exactly 
 how many Representatives each State should send to Con- 
 gress. In order to delay the new government as little as 
 possible a rough estimate of each State's population was 
 made. This basis of representation lasted until the first 
 census was taken. The following table shows the num- 
 ber of Representatives allotted to each State in the First 
 Congress : 
 
 New Hampshire .... 3 
 
 Massachusetts 8 
 
 Rhode Island 1 
 
 Connecticut 5 
 
 New York 6 
 
 New Jersey 4 
 
 Pennsylvania 8 
 
 Delaware 1 
 
 Maryland 6 
 
 Virginia 10 
 
 North Carolina .... 6 
 
 South Carolina .... 6 
 
 Georgia 3 
 
 By the Constitution Congress was given three years in 
 which to take the first census, but immediately after their 
 first meeting the importance of this work became apparent, 
 and instead of postponing it to the last of the three years^ 
 
62 
 
 CIVIL GOVERNMENT. 
 
 it was commenced at once, and completed in 1 790. 
 twelfth census was taken in 1900. 
 
 The 
 
 Census. 
 
 Year. 
 
 Population. 
 
 First 
 
 1790 
 
 3,929,214 
 
 Pifth 
 
 1830 
 1850 
 
 12,866,020 
 
 Seventh 
 
 23,191,876 
 
 Eleventh 
 
 1890 
 
 62,982,244 
 
 Twelfth 
 
 1900 
 
 76,295,220 
 
 Basis of Representation. — Under this clause the follow- 
 ing were counted in the basis of representation : 
 
 1. All free persons. 
 
 2. Persons bound to service, — namely, convicts and apprentices. 
 
 3. Three-fifths of all other persons, — viz., slaves. 
 
 This last part, as previously stated, was the result of a 
 compromise between the free and slave States when the 
 Constitution was being made. The South did not want to 
 permit the slaves to vote for Representatives, but simply- 
 wanted them counted when Representatives were appor- 
 tioned. The North objected to this, and said that if the 
 negroes were to be deprived of the right to vote for Repre- 
 sentatives they should not be included in the basis of rep- 
 resentation. They settled this question by agreeing to count 
 three-fifths of the slaves in each State. The South having 
 many slaves and comparatively few whites, this was the 
 only way by which the Southern States could be properly 
 represented. If the whites alone had been counted the 
 South would have had few Representatives, and conse- 
 quently no power to resist any attempt that might be made 
 to interfere with slavery. 
 
THE CONGRESS OF THE UNITED STATES. 63 
 
 New Basis of Representation. — Under the clause of the 
 Constitution now being studied, three-fifths of the slaves 
 were counted in the basis of representation ; but when the 
 slaves were liberated it became necessary to amend this 
 clause. The amendment will be found in what is known 
 as the Fourteenth Amendment, and it reads as follows : 
 
 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. 
 
 It will thus appear that all persons in the States except 
 untaxed Indians are included in the basis of representation. 
 
 Method of Apportionment. — Taking the twelfth census 
 as the basis, the method of apportionment will now be 
 considered. By an Act of Congress approved January 16, 
 1901, the number of Representatives was fixed at 386. 
 This number divided into the entire population entitled to 
 representation will give the number of persons necessary 
 for one Representative. 
 
 In taking the census all persons living within the territory 
 of the United States are counted. Those living in thQ States 
 are allowed Representatives, while those living in Territories 
 are not allowed Representatives. Therefore, the popula- 
 tion of the Territories and the untaxed Indians must be 
 deducted from the entire population to find the exact num- 
 ber of persons entitled to elect Representatives. The entire 
 population by the census of 1900 was 76,295,220, and 
 the number of persons not entitled to representation was 
 1,729,314. Deducting this number from the entire popu- 
 lation and dividing by 386 we find that the number of per- 
 sons necessary to elect a Representative is 193,175. This 
 is called the ratio of representation. 
 
64 CIVIL GOVERNMENT. 
 
 Having thus secured the ratio of representation, the popu- 
 lation of any State divided by 193,175 will give the number 
 of Representatives to which the State is entitled. 
 
 If it should appear that any State had a less number of 
 inhabitants than is required for one Representative, such 
 State is entitled to one, so as to give it representation in the 
 lower House of Congress. 
 
 Each State is divided by its own Legislature into as many 
 Congressional districts as the number of its members in the 
 House of Representatives. It sometimes happens that a 
 State Legislature does not redistrict a State after the latest 
 census. If there be any increase in that State's represen- 
 tation in Congress such additional members do not repre- 
 sent any particular district, but are elected by the whole 
 State, and are, therefore, called Congressmen-at-large. 
 
 If a State entitled to thirty-one Representatives should 
 have but twenty-eight Congressional districts, three Con- 
 gressmen-at-large would be elected. If, on the other hand, 
 the representation of any State decreased, and the Legisla- 
 ture should fail to redistrict the State according to the new 
 number, all the Representatives of that State would be 
 chosen as Congressmen-at-large. 
 
 The Act of Congress under which the following apportion- 
 ment was made recognizes 193,175 as the ratio of repre- 
 sentation ; but if the population of each State be divided 
 by this number, it will be found that Maine and Nebraska 
 will fall short of the number of Representatives given to 
 them by this Act. 
 
 Congress, however, not wishing to diminish the number 
 of Representatives of any State, decided that Maine and 
 Nebraska, although not having the requisite population, 
 should have as many members in the lower branch of 
 Congress as they had under the former apportionment. 
 
THE CONGRESS OF THE UNITED STATES. 
 
 65 
 
 The 386 Representatives are apportioned among the 
 States as follows : 
 
 state. 
 
 Alabama 
 
 Arkansas 
 
 California 
 
 Colorado 
 
 Connecticut .... 
 
 Delaware 
 
 Florida 
 
 Georgia 
 
 Idaho 
 
 Illinois 
 
 Indiana 
 
 Iowa 
 
 Kansas 
 
 Kentucky 
 
 Louisiana 
 
 Maine 
 
 Maryland 
 
 Massachusetts . . . 
 
 Michigan 
 
 Minnesota 
 
 Mississippi . . . . 
 
 Missouri 
 
 Montana 
 
 Number of 
 Representatives. 
 
 3 
 
 6 
 
 1 
 
 3 
 
 11 
 
 1 
 
 26 
 
 13 
 
 11 
 
 8 
 
 11 
 
 7 
 
 4 
 
 6 
 
 14 
 
 12 
 
 9 
 
 8 
 
 16 
 
 1 
 
 Nebraska. . . 
 Nevada . . . 
 New Hampshire 
 New Jersey . . 
 New York . . 
 North Carolina 
 North Dakota 
 Ohio. . . . 
 Oregon. . . 
 Pennsylvania 
 Khode Island 
 South Carolina 
 South Dakota 
 Tennessee . 
 Texas . . . 
 Utah . . . 
 Vermont . . 
 Virginia . . 
 Washington 
 West Virginia 
 Wisconsin 
 Wyoming 
 
 Number of 
 Representatives. 
 
 6 
 
 1 
 
 2 
 
 10 
 
 37 
 
 10 
 
 2 
 
 21 
 
 2 
 
 32 
 
 2 
 
 7 
 
 2 
 
 10 
 
 16 
 
 1 
 
 2 
 
 10 
 
 3 
 
 5 
 
 11 
 
 1 
 
 Whenever a new State is admitted to the Union, the 
 Representative or Representatives assigned to it shall be in 
 addition to the number 386. 
 
 4. "When vacancies happen in the representation of any- 
 State, the executive authority thereof shall issue writs of 
 election to fill such vacancies. 
 
 Pilling Vacancies in the House of Representatives. — 
 A vacancy is an unoccupied or empty office. An office may 
 become vacant in various ways : 
 
 1. 
 
 2. 
 3. 
 
 By death. 
 
 By resignation. 
 
 By removal. 
 
 4. 
 
 By continued and serious illness. 
 6 
 
 
 65 
 
66 CIVIL GOVERNMENT. 
 
 While Congress is in session it is very important that all 
 Representatives of a State should be present. It is the duty 
 of these men to see that the interests of their States are 
 carefully looked after and protected. If there be one Repre- 
 sentative away from Congress, or if there be one vacancy 
 in the House, 193,175 people are not represented. To 
 guard against any such contingency as this, the Constitution 
 mentions a way in which such vacancies may be filled. 
 
 The executive authority of a State is the Governor. A 
 writ of election is a paper issued and signed by the Governor 
 and sent to a sheriff notifying him to hold an election to fill 
 a vacancy mentioned in the writ. 
 
 When the Governor becomes aware of a vacancy he 
 issues a writ of election, and an election is soon held to fill 
 it. The man elected Representative in case of a vacancy 
 only serves the remainder of the term of the former member. 
 
 Selection of Oflacers— Power of Impeacliment. 
 
 6. The House of Representatives shall choose their 
 Speaker and. other ofiQcers ; and shall have the sole power 
 of impeachment. 
 
 Oflacers of the House. — The House contains about three 
 hundred and eighty-six members. In such a large body it is 
 necessary to have some one to direct the movements of the 
 members, to appoint committees, and preserve order. The 
 duties are performed by a Representative chosen by his 
 fellow-members. He is called the Speaker. He is allowed 
 to vote on all questions because he represents some dis- 
 trict. For an illustration, let us suppose Mr. Allen repre- 
 sents Philadelphia in the House and he is elected Speaker 
 of that body. If he were not allowed to vote upon all 
 questions the people of Philadelphia whom he represents 
 would have no voice in the government. The Speaker really 
 
THE CONGRESS OF THE UNITED STATES. 67 
 
 perfoiTQS the duties of two offices, he represents a number 
 of people and at the same time guides the affairs of the 
 House. To be selected Speaker of the House is considered 
 a high honor, and is sought by many Representatives. 
 
 The members of the House also choose these officers, who 
 are not Representatives but simply workmen : 
 
 1. Chaplain. 4. Door-keepers. 
 
 2. Clerks, 5. Postmasters. 
 
 3. Sergeant-at-arms. 6. Pages. 
 
 Duties of the Oflacers. — These officers are elected by 
 each house at the beginning of Congress. At the beginning 
 of each session each house, before it proceeds to business, 
 is opened with prayer by its chaplain. This gives Congress 
 a religious aspect and indicates the belief of the American 
 people in a Supreme Reing. 
 
 The clerks have charge of the journal. In this book all 
 the proceedings of each house are carefully recorded. 
 Other clerks copy and read bills which are introduced. 
 
 The sergeant-at-arms preserves order in the House when 
 the Speaker does not secure it immediately. The Speaker 
 occupies a position in the front of the House. When he 
 strikes the gavel the members usually come to order ; but, 
 during times of great excitement, the members often lose 
 control of themselves and do not heed the Speaker's com- 
 mand. He then directs the sergeant-at-arms to go among 
 these disorderly members on the floor of the House and 
 restore order. This he does, not by force or argument, but 
 by means of a symbol of his office. This symbol is called 
 the mace. This stands in the fore part of the assembly 
 room. When the Speaker finds it difficult to control mem- 
 bers he directs the sergeant-at-arms to take the mace from 
 its position and carry it among the disorderly members, who 
 
68 CIVIL GOVERNMENT. 
 
 immediately recognize it as the symbol of high authority. 
 It is a signal to desist from further disorder. The mace 
 consists of a number of ebony sticks, each terminating with 
 a spear-head. These are bundled together, and projecting 
 from the top is an American eagle made of metal. The 
 mace is the relic of an old custom among the Romans. 
 To them it was always the symbol of the highest authority. 
 The sergeant-at-arms, when directed by the Speaker, has 
 the power also to compel the attendance of absent members. 
 The door-keepers have charge of the entrances and exits 
 of the building. The postmasters receive the enormous 
 mail directed to the members, assort it, and deliver it to the 
 proper persons. The pages are scattered throughout the 
 building. They perform the different errands on which 
 they are sent by the members. 
 
 Impeachment. — The accusation against a public officer 
 for bad conduct, or for some crime committed while he 
 holds office, is called impeachment. The object of im- 
 peachment is twofold : first, to deter public officials from 
 committing wrong actions ; second, to protect the govern- 
 ment by removing such persons from office, if found guilty. 
 The House alone has the power to bring the charge of 
 impeachment. 
 
 Of the Senate. 
 
 Sec. m. 1. The Senate of the United States shall be com^ 
 posed of two Senators from each State, chosen by the 
 Legislature thereof, for six years; and each Senator shall 
 have one vote. 
 
 Senate Composition. — The Senate is the name applied to 
 the higher body of Congress. In comparison with the House 
 it is a much smaller body, and, as a rule, contains abler men. 
 
 A Senator is chosen by the Legislature of a State for a 
 term of six years. Each State has two Senators. Knowmg 
 
THE CONGRESS OF THE UNITED STATES. 69 
 
 the number of States, one can readily estimate the number 
 of Senators. Rhode Island and New York have the same 
 power in the Senate, although the former contains fewer 
 people in comparison with the latter. The giving of two 
 Senators to each State was the result of a compromise. By- 
 giving to each State, large and small, the same number of 
 Senators, the consent of the smaller States to the ratifica- 
 tion of the Constitution was secured. 
 
 The membership of the Senate increases very slowly. 
 This is due to the fact that Territories are not admitted very 
 rapidly into the Union as States. The land not taken up 
 by the States makes Territories, and until such Territories 
 obtain a sufficient population to entitle them to admission as 
 States many years must necessarily elapse. In the House 
 this is different. The number of members varies according 
 to the population. A State having a great increase is likely 
 to have its number of Representatives enlarged. After each 
 census is taken it is generally found that the greatest in- 
 creases in population are in those localities which are already 
 States. An established State can never have its Senators 
 increased nor diminished in number, but if its population 
 becomes more vast its representation in the House becomes 
 larger. If, on the other hand, the population of a State 
 decreases its representation in the House decreases. If an 
 increase in population occurs in all the States, it will be ap- 
 parent that while the States gain nothing so far as the 
 membership of the Senate is concerned the membership 
 of the House increases. 
 
 Membership of Congress. 
 
 1790. 
 
 1900. 
 
 Senate 
 
 26 
 65 
 
 90 
 
 House of Kepresentatives 
 
 357 
 
70 CIVIL GOVERNMENT. 
 
 Classification of Senators— Filling- of Vacancies. 
 
 2. Immediately after they shall be assembled in conse- 
 quence of the first election, they shall be divided as equally 
 as may be into three classes. The seats of the Senators of 
 the first class shall be vacated at the expiration of the 
 second year, of the second class at the expiration of the 
 fourth year, and of the third class at the expiration of the 
 sixth year, so that one-third may be chosen every second 
 year; and if vacancies happen by resignation or other- 
 ■wise, 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. 
 
 Classes of Senators. — It is not a good plan to have all 
 the members of Congress go out of office at the same time. 
 After each election many new men are chosen and sent to 
 Washington. The new Representatives and Senators often- 
 times are not thoroughly acquainted with public affairs. To 
 avoid any blunders which might be made by these inexperi- 
 enced men, the Constitution provides a way in which Con- 
 gress will always contain sufficient experienced members to 
 protect the government. The members of the Senate are 
 now chosen to serve a term of six years. At the beginning 
 of the government, in 1789, the Senators of the States were 
 divided into three classes. The members of each class 
 were determined by lot. Those in the first class were to 
 serve two years ; those in the second, four years ; and those 
 in the third, six years. The arrangement, in its operation 
 now, causes one-third of the members of the Senate to be 
 chosen every two years. In case the same men are not 
 chosen to succeed themselves, there is always at least two- 
 thirds of the membership of the Senate composed of ex- 
 perienced members. 
 
 The reason that the House of Representatives was not 
 
THE CONGRESS OF THE UNITED STATES. 
 
 71 
 
 divided into classes was due to the fact that the term of 
 office of a Representative is but two years. This was pur- 
 posely made so, in order that the people, if they so desired, 
 might change their opinion on public questions and select 
 new Representatives who would carry out the wishes of 
 their constituents. 
 
 First Senate. 
 
 Year. 
 
 Members. 
 
 First Class 
 
 1789. 
 1789. 
 1789. 
 
 8 Senators. 
 
 Second Class . ... 
 
 9 Senators. 
 
 Third Class 
 
 9 Senators. 
 
 
 
 This classification was necessary only in 1789. As 
 each new State was admitted the new Senators were 
 assigned to that class which did not have an equal number 
 with the rest. 
 
 Vacancies in the Senate. — As the State Legislature elects 
 the Senator, it is right that it should have the power to fill 
 vacancies. Whenever there is a vacancy in the Senate it 
 may be filled in two ways, — namely : 
 
 1. If the Legislature is in session when the vacancy occurs, a Senator 
 is immediately chosen to represent the State. 
 
 2. If the Legislature is not in session, it would take too much time, 
 trouble, and expense to call its members together for the single purpose 
 of choosing a successor to fill the vacancy. To avoid this the Gov- 
 ernor or executive authority of the State is given the power to appoint 
 a person as Senator. 
 
 The person selected Senator by the Governor, however, 
 serves only until the Legislature meets again. The person 
 
72 CIVIL GOVERNMENT. 
 
 selected by the State Legislature to act as Send tor serves 
 only the remainder of the unexpired term. 
 
 Election of Senators by the People. — State laws require 
 a majority vote of the Legislature to elect a national Sena- 
 tor. In any Legislature composed of but two parties one is 
 likely to have a greater number than the other. The elec- 
 tion of a Senator in this case is an easy matter. In a Legis- 
 lature composed of three strong parties, a division of the 
 total membership may be so made as to prevent any party 
 from having a majority. 
 
 ("First Party ... 50 
 Members of the State Legislature, 117. j Second Party . . 45 
 
 [ Third Party ... 22 
 
 A majority of this membership would be fifty- nine. The 
 Legislature meets to elect a Senator. On the first ballot no 
 one has a majority. The Legislature, in accordance with 
 the law, meets every day, Sundays excepted, and votes 
 again. If the members persist in voting for the same candi- 
 date for whom they voted on the first ballot the vote will 
 always be the same, and no Senator will be elected. 
 
 The non-election of a Senator may also be the result 
 when there are but two parties in the Legislature. In such 
 case, the majority party is divided into factions and cannot 
 agree on one candidate. Each faction presents a candidate. 
 The minority party also nominates a candidate. There can 
 be no result unless the factions in the majority party com- 
 bine, or the minority party and one of the factions vote for 
 one candidate. When no combination of forces occurs the 
 Legislature adjourns without electing a Senator. This leaves 
 a State with but one vote in the United States Senate. 
 
 The Constitution gives the Governor the power to fill a 
 
THE CONGRESS OF THE UNITED STATES. 73 
 
 vacancy which happens during the recess of the State Legis- 
 lature. The Senate, being the judge of the election and 
 qualifications of its own members, has decided that a Gov- 
 ernor cannot appoint any person as Senator when the State 
 Legislature has failed to elect. The power of election be- 
 longs to that body, and it should fulfil that function or else 
 the place should remain vacant. When the office has been 
 regularly filled and a vacancy occurs while the Legislature 
 is not in session, there is no question as to the Governor's 
 right to appoint. 
 
 In 1899 the States of California, Utah, Delaware, and 
 Pennsylvania did not have two Senators in Washington, 
 because the Legislature in each of these States failed to 
 elect. Important business was transacted during this year, 
 and the people in these States did not have their proper 
 representation. 
 
 The frequent occurrence of this state of affairs has led 
 Congress to attempt to amend the Constitution so as to pro- 
 vide for the election of United States Senators by a direct 
 vote of the people, but the necessary two-thirds vote for 
 such amendment has never been secured. 
 
 The old idea was that the people and the State in 
 which they lived were two separate bodies, and that each 
 should be represented in Congress. The people and the 
 State to-day are one, and cannot be separated. 
 
 The people suffer the effects of evil legislation. When 
 the people select Representatives who legislate against the 
 best interests of the public they have no just cause for 
 complaint. But when United States Senators, elected by 
 State Legislatures, fail to serve the people properly, then 
 the latter can complain justly. The people should elect 
 their Senators. If this were the case, each State would be 
 assured of having two Senators at Washington at all times. 
 
74 CIVIL GOVERNMENT. 
 
 Qualifications of Senators. 
 
 3. No person shall be a Senator "who shall not have at- 
 tained to the age of thirty years, and been nine years a citi- 
 zen of the United States, and -who shall not, -when, elected, 
 be an inhabitant of that State for which he shall be chosen. 
 
 Senators. — Qualifications. — It was intended that Sena- 
 tors should have more important duties to perform than 
 Representatives ; hefice, to secure able and good men, the 
 qualifications of this office were increased. To make them 
 conscientious in the performance of their duties the term 
 of office was made six years. A Senator must be at least 
 thirty years of age and nine years a citizen of the United 
 States. Like a Representative, he must live in the State 
 when elected to the Senate. 
 
 From this it is seen that a naturalized citizen may become 
 a Senator. It would take him, however, five years to 
 become a citizen of the United States, and this, together 
 with the nine years' residence, would make a period of 
 fourteen years. He must, of course, have the other quali- 
 fication of age. 
 
 Vice-President to be President of the Senate. 
 
 4. The Vice-President of the United States shall be Presi- 
 dent of the Senate, but shall have no vote, unless they be 
 equally divided. 
 
 Senate. — Vice-President. — The only public duty which 
 the Vice-President performs is acting as President of the 
 Senate. He succeeds to the Presidency of the United States 
 when there is a vacancy in that office. ' 
 
 The Vice-President cannot vote on all questions. Each 
 State has two votes in the Senate ; if the Vice-President 
 had a vote on all questions it would really be giving another 
 vote to the State from which he comes. Suppose the Vice- 
 
THE CONGRESS OF THE UNITED STATES. 75 
 
 President comes from New Jersey. This State has two 
 Senators, and if the Vice-President could vote at all times 
 New Jersey would have three votes. This would be unfair 
 to the other States, as they are permitted to have but 
 two votes. There is but one exception to the rule that 
 the Vice-President shall have no vote. Whenever the 
 Senators are equally divided in opinion on any subject, 
 meaning by this a tie vote, the Vice-President is allowed to 
 cast the deciding vote. The object of this is to facilitate 
 business. This tie voting is of seldom occurrence, and 
 consequently it does not give one State any material advan- 
 tage over another. The Speaker of the House represents 
 the people of the district from which he comes, hence he is 
 entitled to and has a vote on all questions. The Vice- 
 President represents no district, hence he is denied the 
 right to vote except in case of tie, which right is bestowed 
 upon him by the Constitution. 
 
 Of the Officers of the Senate. 
 5. The Senate shall choose their other oflacers, and also a 
 president pro tempore in the absence of the Vice-President, 
 or when he shall exercise the oflQce of President of the 
 United States. 
 
 Oflacers of the Senate. — Sometimes the Vice-President 
 cannot attend to his duties as President of the Senate. In 
 this case a president from among the Senators is chosen to 
 act when the Vice-President is absent. He is called presi- 
 dent pro tempore^ which means that he is president for the 
 time. He is permitted to vote on all questions, as he is a 
 a Senator. In the House, when the Speaker is away, a 
 Speaker ^ro tempore, selected from among the members, acts 
 as presiding officer. 
 
 When the Vice-President becomes President of the United 
 States he no longer acts as an officer of the Senate. When 
 
76 
 
 CIVIL GOVERNMENT. 
 
 this happens, the president pro tempore acts as President of 
 the Senate until the close of that Congress. 
 
 In case the Vice-President dies or becomes President, his 
 office remains vacant until the next Presidential election. 
 This has happened many times in our history, an illustra- 
 tion being when Vice-President Hobart died during McKin- 
 ley's administration. 
 
 Like the House, the Senate chooses officers who are not 
 members, but simply workmen. 
 
 Body. 
 
 Number 
 
 of 
 Members. 
 
 Term. 
 
 Elected by 
 
 Age. 
 
 Citizen 
 
 of 
 United 
 
 States. 
 
 Presiding 
 Officer. 
 
 Impeach- 
 ment. 
 
 House. 
 Senate. 
 
 886 
 90 
 
 2 years. 
 6 years. 
 
 People. 
 
 State Legis- 
 lature. 
 
 25 years. 
 30 years. 
 
 7 years. 
 9 years. 
 
 Speaker. 
 
 Vice-Presi- 
 dent. 
 
 Brings 
 charge. 
 
 Tries 
 accused. 
 
 Senate to try Impeachments. 
 6. The Senate shall have the sole power to try all im- 
 peachraents. "When sitting for that purpose they shall be 
 on oath or aflarmation. When the President of the United 
 States is tried the Chief Justice shall preside ; and no person 
 shall be convicted -without the concurrence of two-thirds 
 of the members present. 
 
 Impeachment, as previously stated, is a charge against a 
 public officer for improper performance of duty or for some 
 crime while in office. Impeachment cases in the United 
 States government must take this course : 
 
 1. Impeachment, or the charge, must be made by the House of 
 Representatives. 
 
 2. Trial of the accused person by the Senate. 
 
 When any member of the House of Representatives be- 
 lieves any government official guilty of some misconduct, 
 he may make a charge in the House against such person ; 
 
THE CONGRESS OF THE UNITED STATES. 77 
 
 this charge is called an impeachment. If a sufficient num- 
 ber of members think there is a good reason for such a 
 course, the charge in the form of a bill is passed. 
 
 The Senate is chosen to try cases of impeachment be- 
 cause it is a much smaller body and composed of abler men 
 than the House, hence justice is more apt to be obtained. 
 Before trying the case, each Senator must take a special oath 
 or affirmation to do justice to the accused person. 
 
 An oath is a solemn declaration to tell the truth. It is 
 made with one hand upon the Bible. Some people object 
 to the use of the Bible for this purpose. They are allowed to 
 affirm or make an affirmation. When affirming, one simply 
 promises to tell the whole truth. A violation of an oath or 
 affirmation is a serious crime, and is called perjury. The 
 object of the oath-taking is to make the trial more solemn 
 and to secure justice for the accused person. 
 
 After a trial by the Senate, two-thirds of the members 
 present, if such number be a quorum, are necessary to con- 
 vict an accused person. If the members present be eighty- 
 four, the number necessary to convict would be two-thirds 
 of that number, or fifty-six. 
 
 The Vice-President presides at all trials of impeachment 
 with but one exception. When the President of the United 
 States is on trial for impeachment the Vice-President is not 
 permitted to preside. Ambition sometimes leads men into 
 temptation. Anything, even to wrong-doing, will be done 
 to obtain what they desire. This wrong ambition is harm- 
 ful in two ways : it degrades the person performing it, 
 and those brought in connection with it are unjustly hin- 
 dered. It is a man's duty to surmount the temptations of 
 life, but when he is too weak in will to do so the tempta- 
 tions should be kept far from him. The Constitution wisely 
 places a strange presiding officer over the Senate when the 
 
78 
 
 CIVIL GOVERNMENT. 
 
 President is tried. The regular officer is superseded by the 
 Chief Justice of the United States Supreme Court. As the 
 Vice-President succeeds the President in case of removal, it 
 would be very unwise, when the latter is on trial, to have 
 the former preside. The reason for this is that he might 
 exercise his power as presiding officer to have the President 
 convicted in order that he himself might become President. 
 This power, if used at all, would most likely be upon de- 
 cisions where there might be a doubt as to the truthfulness 
 and admission of certain evidence. The Chief Justice is not 
 given any vote upon the verdict. 
 
 The Vice-President has no vote in impeachment cases, as 
 it would be of no benefit. If the Senators present be eighty- 
 four and the vote be forty-two on one side and forty-two on 
 the other, the Vice-President's vote would make but forty- 
 three on either side. The number required to convict is 
 two-thirds of the members present, or fifty-six. The addi- 
 tional vote would make no deciding change in the result, so 
 that it might as well be left uncast. He is given the right to 
 vote on all questions in which a tie vote has resulted. His 
 vote is of service only when a majority vote is required ; it 
 is powerless when a two-thirds vote is necessary. 
 
 Impeachment Cases. — Impeachments are of rare occur- 
 rence. Only eight cases have occurred in the history of 
 the United States, and of these but one resulted in con- 
 viction. The following are the cases : 
 
 1. 
 
 "William Blount . 
 
 1799. 
 
 Senator. 
 
 Acquitted. 
 
 2. 
 
 John Pickering . 
 
 1803. 
 
 Judge. 
 
 Acquitted. 
 
 3. 
 
 Samuel Chase . . 
 
 1804. 
 
 Judge. 
 
 Acquitted. 
 
 4. 
 
 James H. Peck . 
 
 . 1830. 
 
 Judge. 
 
 Acquitted. 
 
 5. 
 
 W. H. Humphries 
 
 1862. 
 
 Judge. 
 
 Convicted. 
 
 6. 
 
 Andrew Johnson 
 
 . 1868. 
 
 President. 
 
 Acquitted. 
 
 7. 
 
 W. V^. Belknap 
 
 1876. 
 
 Secretary of War. 
 
 Acquitted. 
 
 8. 
 
 Charles Swayne . 
 
 1905. 
 
 Judge. 
 
 Acquitted. 
 
I 
 
 THE CONGRESS OF THE UNITED STATES. 79 
 
 Impeachment of Johnson. — This was the most important 
 case in our history. In 1867 Congress passed a bill which 
 became a law forbidding the President to remove any one 
 from office without the consent of the Senate. This law 
 was called the " Tenure of Office Act," and was repealed 
 in 1887. The President of the United States is the first 
 citizen of the land. It is his duty to execute the law, and 
 of all persons he himself should be the first to see that he 
 sets an example to his fellow-citizens by obeying all the 
 laws. President Johnson, despite the Tenure of Office Act, 
 removed the Secretary of War, E. M. Stanton, and appointed 
 another man. General Grant, to fill the vacancy. This he 
 did without the consent of the Senate. 
 
 This action of the President was such a plain and open 
 violation of the law that the House brought charges against 
 him. He was tried by the Senate, Chief Justice Chase pre- 
 siding. A two-thirds vote was necessary for conviction. Fifty- 
 four votes were cast, thirty-five for conviction and nineteen 
 for acquittal. There was one vote less than the required num- 
 ber to convict, and the President was therefore acquitted. 
 
 Judgment in Cases of Impeachment. 
 7. Judgment in cases of impeachment shall not esitend 
 further than to removal from office, and disqualification to 
 hold and enjoy any oflice of honor, trust, or profit under 
 the United States ; but the party convicted shall neverthe- 
 less be liable and subject to indictment, trial, judgment, 
 and punishment, according to law. 
 
 Judgment in Impeachment. — A trial of impeachment 
 can have but two results : 
 
 1. The person is found not guilty and is acquitted. 
 
 2. The person is found guilty and is punished. 
 
 If the person is acquitted there is no punishment im- 
 posed. He still holds his office and everything proceeds as 
 
80 CIVIL GOVERNMENT. 
 
 before. If the person is found guilty he is punished. This 
 punishment is called judgment. Judgment is the punish- 
 ment inflicted upon a person found guilty by impeach- 
 ment. The only punishment which the Senate can impose 
 is the removal of the convicted person from office. As a 
 consequence of this punishment he is never permitted to 
 hold another office under the United States government. 
 
 An office of honor is one in which a person performs 
 some duty for the government without receiving any pay 
 for his services. 
 
 An office of profit is one in which a person receives 
 compensation for the performance of work, such as Sena- 
 tor, Representative, or judge. Generally a position of profit 
 is also one of honor. 
 
 Although the Senate can only remove a person from 
 office in cases of impeachment, that person may be further 
 punished under the laws of the country. Suppose Mr. 
 Black is Secretary of the Treasury. While in office he 
 defrauds the government of a large sum of money. This 
 is discovered, and by impeachment he is removed from 
 office. Any citizen can now have Mr. Black arrested for 
 embezzlement of public funds. He is then tried in a court 
 before a judge and jury, and if found guilty he may be 
 sentenced to a term of years in prison. 
 
 Control of Congressional Elections. 
 Sec. IV. 1. The times, places, and manner of holding elec- 
 tions 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. 
 
 Election of Senators and Representatives. — This clause 
 refers to the method by which members of Congress are 
 
THE CONGRESS OF THE UNITED STATES. 81 
 
 to be elected. The Legislature is the law-making body- 
 in each State. The Legislature of each State has the power 
 to prescribe the manner and time of the election of mem- 
 bers of Congress from that State. Congress, however, may- 
 change any law which the State Legislature may make on 
 this subject. This power is generally left to the States, be- 
 cause each State can best judge of its own conveniences. 
 January might be a good time for the meeting of the State 
 Legislature in some States and a very bad time in others. 
 The climate of Wisconsin at that time of the year is very 
 severe. It oftentimes would be impossible for the people 
 to leave their homes to vote. Most States, however, elect 
 their Representatives in November and their Senators as 
 soon as the terms expire. 
 
 Congress has some power over the time and manner of 
 election of Senators and Representatives, because a State 
 Legislature might neglect to look after this matter, or it 
 might make some arrangement which would interfere with 
 the work of the government at Washington. 
 
 The meeting of the State Legislature is generally held at 
 the State capital, and if Congress should try to change this 
 meeting-place great inconvenience to members might result. 
 
 Time for Assembling' of Congress. 
 
 2. The Congress shall assemble at least once in every 
 year, and such meeting shall be on the first Monday of 
 December, unless they shall by law appoint a different day. 
 
 Meetings of Congress. — On the first Monday in December 
 of each year Congress meets. This date may be changed 
 by Congress, but since 1789 it has remained the same. 
 
 Each Congress consists of two regular sessions, — the first 
 or long session, and the second or short session. When- 
 ever some serious question arises when Congress is not in 
 
82 CIVIL GOVERNMENT. 
 
 session, the President of the United States has the power to 
 convene the members of Congress. This session is called 
 an extraordinary or special session. When a Congress has a 
 special session it makes the number of sessions three, — ^viz., 
 the long session, the short session, and the special session. 
 
 The First Congress was from 1789 to 1791. The Fifty- 
 seventh Congress began on the first Monday in December, 
 1901. The second or last session of this Congress began 
 in December, 1902, and continued until the 4th of March, 
 1903. The Fifty-eighth Congress will begin December, 1 903, 
 Unless it is called together in extraordinary session before 
 that time. The Fifty-ninth Congress will begin in 1905. 
 
 Powers of Each House. 
 
 Sec. V. 1. Each House shall be the judge of the elections, 
 returns, and qualifications of its own members, and a ma- 
 jority of each shall constitute a quorum to do business; 
 but a smaller number may adjourn from day to day, and 
 may be authorized to compel the attendance of absent 
 members in such manner and under such penalties as each 
 House may provide. 
 
 Bach House the Judge of the Qualifications of its 
 Members. — Whenever there is a dispute as to whether a 
 Senator or Representative has the proper qualifications to 
 entitle him to office, the disagreement is settled in the 
 house of which the man is to be a member. Such dis- 
 putes concerning a Senator are settled or decided by the 
 Senate ; those concerning a Representative, by the House. 
 For instance, Mr. Cressman is elected Senator in Pennsyl- 
 vania. Some person disputes the fact that he secured a 
 sufficient number of votes to entitle him to office. A pro- 
 test against Mr. Cressman's election could only be made to 
 the Senate. That body would by a vote decide whether or 
 not he is entitled to a seat. 
 
THE CONGRESS OF THE UNITED STATES. 83 
 
 A quorum is that number of Senators in the Senate, or 
 the number of Representatives in the House, necessary to 
 do business. A majority of all the members of each body 
 is necessary to transact business. A majority is more than 
 half of the whole numbpr. 
 
 2 ) 90 Senators 
 
 45 -j- 1, or 46 Senators, would be a quorum in the Senate. 
 2 ^ 386 Beprese ntatives 
 
 193 _|_ ij or 194 Kepresentatives, would be a quorum in the House. 
 
 If less than a quorum appear, no business can be trans- 
 acted. The members present, however, may impose fines 
 for non-attendance. It is very important to fix by law the 
 necessary number of members to constitute a quorum, or 
 laws might be made for the whole country when but few 
 members of Congress were present. It is also important 
 that fines and punishments be imposed upon those members 
 who frequently stay away from Congress, as a large num- 
 ber of members might absent themselves purposely, thus 
 preventing a quorum from being present. By doing this 
 they could hinder the business of the country. If upon 
 the call of the roll there appear to be no quorum present, 
 the presiding officer instructs the sergeant-at-arms to arrest 
 and bring before the bar of the house all absent members. 
 
 Bach House to determine its Own Bules. 
 
 2. Each House may determine the rules of its proceed- 
 ings, punish its members for disorderly behavior, and, with 
 the concurrence of two-thirds, expel a member. 
 
 Rules of Each House. — Each house determines its own 
 rules as to the manner of conducting business, the mainte- 
 nance of order, and the punishment of members for mis- 
 
84 CIVIL GOVERNMENT. 
 
 behavior. Any member may be expelled by the house to 
 which he belongs if two-thirds of that house concur or 
 agree to his expulsion. 
 
 Journals and Yeas and Nays. 
 
 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. 
 
 The journal is a book containing accounts of the pro- 
 ceedings of each body. Both the Senate and the House 
 must keep such a journal. The book is kept by the clerk, 
 and the contents are published for the purpose of keeping 
 citizens informed of the business of the government. These 
 records serve for future reference. Some important parts 
 may be omitted from the newspaper accounts. Sometimes, 
 when a treaty is before the Senate, its contents are kept 
 secret until it can be fully discussed and ratified. Again, in 
 time of war, if any action should be taken by Congress in 
 regard to movements of the army, it is important that this 
 information be withheld from the public, as it would be val- 
 uable to the enemy. 
 
 Methods of Voting. — A vote may be taken in various 
 ways : 
 
 1. By yeas and nays. 3. Viva voce. 
 
 2. By ballot. 4. By sides or tellers. 
 
 Yea and Nay. — The name of every member is called 
 separately. If he favor the measure, he says ''Yea" or 
 "Yes," and if he oppose it, he says "Nay" or "No." 
 After all names are called the entire list is reread by the 
 
THE CONGRESS OF THE UNITED STATES. 85 
 
 clerk, and mistakes in the recording of votes, if any, are 
 corrected. The question is decided from the number of 
 votes on each side. 
 
 The benefits of this method of voting are apparent. 
 The manner in which each member voted is entered on the 
 journal, showing to all how each man voted upon a cer- 
 tain question. The journal also gives the names of the 
 members recorded as absent. Some men are absent pur- 
 posely, so that they need not vote on certain questions. 
 The public can secure all the names and the manner in 
 which each member voted. This affords the people an 
 opportunity to see how their Representatives are attending 
 to their duties. 
 
 The main objection to this method of voting is that it 
 requires too much time. In the House, think how long it 
 would take to read and reread three hundred and eighty- 
 six names ! 
 
 By Ballot. — A ballot is a small piece of paper containing 
 the vote of a member. The ballots are collected, opened, 
 and counted. After the count the result is made known. 
 Voting by yeas and nays and by ballot are both accurate 
 ways of voting. The latter method is particularly good in 
 cases where secrecy is required. By using the ballot no 
 one knows how another has voted. 
 
 Viva Voce. — This means deciding by the voice. This 
 method is used only in unimportant questions, as it is not 
 entirely accurate. The presiding officer calls out, " All those 
 in favor say ' Aye.' " All those in favor respond " Aye." 
 " The officer then says, " All those opposed say ' No.' " All 
 those on this side say " No." The presiding officer then 
 decides from the sound the opinion of the body. The side 
 
86 CIVIL GOVERNMENT. 
 
 which seemed to make the more noise is given the decision. 
 The great benefit of this method is that in a few minutes 
 the opinion of any large body may be ascertained. It is 
 very inaccurate, however, especially when the members are 
 evenly divided on a question. When those on one. side 
 greatly outnumber those on the other, it is just as accurate 
 as any of the other ways of voting. 
 
 By Sides or Tellers. — All the members favoring a 
 measure form in a line on one side of the room, and all 
 those who are opposed to it stand on the other side. The 
 presiding officer appoints a teller for each side. Each teller 
 counts the number of men as the line passes by him. 
 This method takes as long as the yea and nay and ballot 
 methods ; it also tends to create much disorder in the rising 
 and moving about of the members. 
 
 Adjournment. 
 
 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. 
 
 Adjournment of Congress. — To adjourn means to sus- 
 pend business for a time. It is not necessary for Congress 
 to be in session every day of the year, so frequent vacations 
 are taken, which are called adjournments. As both houses 
 are necessary to do any important business, neither can 
 adjourn for more than three days without the consent of 
 the other. One house might be opposed to a bill which 
 the other house favored, and to defeat this bill the former 
 might easily adjourn for several weeks or months, but this 
 clause of the Constitution prevents such action. 
 
 To save time and trouble, both houses must meet in the 
 same city. Suppose the Senate met in Washington and the 
 
THE CONGRESS OF THE UNITED STATES. 87 
 
 House in Boston, all bills passed by one house would have 
 to be carried or mailed to the other. This would cause 
 much inconvenience and delay. All the government offices 
 are located in the Capitol, and all members can easily obtain 
 all the information they desire on different subjects per- 
 taining to the government. 
 
 Compensation, Privilegres, and Incapacities of Members. 
 
 Sec. VI. 1. The Senators and Representatives shall re- 
 ceive a compensation for their services, to be ascertained 
 by law, and paid out of the Treasury of the United States. 
 They shall in all cases, except treason, felony, and breach 
 of the peace, be privileged from arrest during their attend- 
 ance at the session of their respective Houses, and in going 
 to and returning from the same ; and for any speech or de- 
 bate in either House they shall not be questioned in any 
 other place. 
 
 Compensation of Congressmen. — Under the Articles of 
 Confederation the members of the Continental Congress 
 received their pay from their respective States. Each State 
 having power to fix the compensation, it frequently hap- 
 pened that different salaries were paid for the same work. 
 Under the Constitution, although the Congressmen represent 
 the people and the States, they are to be paid their sala- 
 ries by the United States from the pubhc Treasury. This 
 makes uniformity, and hence all members of Congress 
 should give proper care to their business in order to 
 promote the interests of their States. 
 
 Congressmen were once paid about six dollars per day. 
 In 1874, however, a yearly allowance of five thousand dol- 
 lars was made for each Senator and Representative. The 
 Vice-President, Speaker, and president pro tempore^ when 
 there is no Vice-President, in consideration of their increased 
 duties, receive eight thousand dollars. 
 
88 CIVIL GOVERNMENT. 
 
 In addition to his salary, each member of Congress is 
 allowed the cost of travelling to and from his home. This 
 charge is twenty cents a mile, and is called mileage. 
 
 Freedom from Arrest. — To secure perfect freedom in 
 speaking, and to make every member fearless in the per- 
 formance of his duty, no member can be arrested while 
 attending to his duties in Congress. There are some ex- 
 ceptions to this, however. A member who has committed 
 any serious crime, such as treason or felony, may be arrested 
 and punished. The reason for this part of the clause is 
 apparent. Mr. Brown, a Representative, may know of some 
 wrong-doing in the House. It is his purpose to bring the 
 guilty persons to justice. The offenders might know of 
 Mr. Brown's purpose, and to protect themselves might have 
 him arrested on some very trifling charge. Brown, being 
 arrested, could not make his accusations. The people 
 whom he represents are deprived of their rights of repre- 
 sentation in the making of laws, and justice is not meted 
 out to the offenders. 
 
 Exclusion from Office. 
 
 2. No Senator or Representative shall, during the time for 
 which he was elected, be appointed to any civil office under 
 the authority of the United States, which shall have been 
 created, or the emoluments whereof shall have been in- 
 creased, during such time ; and no person holding any office 
 under the United States shall be a member of either House 
 during his continuance in office. 
 
 Disabilities of Congressmen. — There are two classes 
 of officers under our government, — civil and military. 
 
 A civil officer is one who helps to carry on the work of 
 the government. A military officer is one in the army or 
 
THE CONGRESS OF THE UNITED STATES. 89 
 
 navy. Officers of the military class do not conduct any 
 business in the government. 
 
 Emoluments simply means compensation. 
 
 A member of Congress might have a bill passed creating 
 a new office with a large salary attached, with the under- 
 standing that he would be appointed to that office. This 
 is so unjust that the Constitution forbids it. 
 
 This being a government of the people, it is entirely right 
 that a person who holds one public office should not be 
 a member of Congress. The clause forbids a member of 
 Congress from holding two offices of profit. 
 
 Revenue Bills to originate in the House. 
 Sec. Vn. 1. All bills for raising revenue shall originate 
 in the House of Representatives ; but the Senate may pro- 
 pose or concur with amendments as on other bills. 
 
 Bills of Revenue. — A bill is a proposed law. A law is a 
 bill which has received the consent of Congress and the 
 President. A law governs the land, and must be obeyed ; a 
 bill applies to no one. 
 
 A large sum of money is needed every day to carry on 
 the government, to pay the President, Congressmen, am- 
 bassadors, consuls, etc. This money is secured by laying 
 and collecting taxes or revenue. Revenue is the money 
 which the government collects from the people for paying 
 the debt incurred in conducting it. 
 
 One of the principal causes of the Revolutionary War 
 was the taxing of the people without their consent. People, 
 when they have a voice in the government, are generally 
 interested in taxation, hence the makers of the Consti- 
 tution, having the Revolution in mind, said that all bills 
 for raising revenue should be originated in the House of 
 Representatives, as that body directly represented the peo- 
 
90 CIVIL GOVERNMENT. 
 
 pie. Again, they said that if the people were dissatisfied 
 with a certain revenue bill, they would be compelled to 
 wait but two years, when they could elect a new set of men 
 to frame a bill that would be acceptable. If this power 
 were delegated to the Senate that body might lay a heavy 
 tax which could hardly be changed for six years. 
 
 A bill which provides for the raising of funds by taxation 
 is known as a revenue bill. Revenue bills must begin or 
 originate in the House of Representatives. The Senate, 
 however, may propose changes or amendments. 
 
 Manner of passing" BUls, etc. 
 
 2. Every bill which shall have passed the House of Rep- 
 resentatives and the Senate shall, before it becoraes 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 origi- 
 nated, who shall enter the objections at large on their 
 journal, and proceed to reconsider it. If, after such recon- 
 sideration, two-thirds of that House shall agree to pass the 
 bill, it shall be sent, together with the objections, to the 
 other House, by which it shall likewise be reconsidered, 
 and if approved by two-thirds of that House it shall be- 
 come a law. But in all such cases the votes of both Houses 
 shall be determined by yeas and nays, and the names of 
 the persons voting for and against the bill shall be entered 
 on the journal of each House respectively. If any bill 
 shall not be returned by the President within ten days 
 (Sundays excepted) after it shall have been presented 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. 
 
 Modes of passing Bills. — First Method. — Any bill, ex- 
 cepting one of revenue, may be introduced in either the 
 Senate or the House of Representatives. If it is passed 
 by a majority in each house and signed by the President 
 it becomes a law of the country. 
 
THE CONGRESS OF THE UNITED STATES. 91 
 
 Second Method. — If the President does not approve the 
 bill he refuses to sign it, but writes his reasons for not con- 
 senting to its passage. He then sends it back to the house 
 from which it originated. The President's reasons for not 
 signing the bill are recorded in the journal. The body to 
 which the bill is returned again considers it. If two-thirds 
 of the members present, provided there be a quorum, 
 agree to pass the bill a second time, it is sent to the other 
 house. If that body also agree to pass it, a two-thirds vote 
 being necessary to do so, it then becomes a law without the 
 signature of the President. 
 
 Veto. — When the President does not sign a bill, he is said 
 to veto it. Veto means " I forbid." Passing a bill the 
 second time requires a larger number of votes, and is called 
 passing a bill over the President's veto. 
 
 From 1865 to 1869 President Johnson vetoed many of 
 the bills parsed by Congress, but nearly all of them received 
 the necessary two-thirds vote and became laws. When a 
 bill becomes a law in this manner, although the President 
 does not approve it, he is compelled to enforce and obey it. 
 
 With the President's signature a bill requires only a 
 majority of votes in each House to become a law ; without 
 the President's approval it requires a two-thirds vote. 
 
 More votes are necessary to pass a bill over the Presi- 
 dent's veto because it would be useless for him to have 
 the veto power if it were not valuable. It is also necessary 
 to show that his objections are not sufficient to prevent a 
 bill from becoming a law. 
 
 Third Method. — After a bill is passed by both Houses it 
 is forwarded to the President for his consideration. He 
 does not sign it nor does he return it with his veto. In 
 
92 
 
 CIVIL GOVERNMENT. 
 
 accordance with the Constitution, he must either sign or 
 veto it within ten days after he has received it, or it becomes 
 a law just as if he had signed it. The President is not sup- 
 posed to work on Sundays, so that Sundays are not included 
 in the ten days. The clause means ten week or working 
 days. 
 
 At the end of a session Congress adjourns, and frequently 
 leaves many bills in the hands of the President for his ap- 
 proval or disapproval. Those which he signs become laws. 
 Congress not being in session, he cannot return the other 
 bills ; so that, in case of adjournment, bills kept over ten 
 days do not become laws because they cannot be returned. 
 This method of holding bills by the President so that the 
 time for adjournment happens between the time he receives 
 the bill and the expiration of the ten days has been termed 
 the " Pocket Veto Method." It was used to a great extent 
 by President Jackson. 
 
 After a bill becomes a law it is sent to the Secretary of 
 State, who preserves it. 
 
 Law-Making 
 Methods . . 
 
 {I 
 
 Passed by a majority of both houses. 
 2. Signed by the President. 
 
 II. 
 
 III. 
 
 ' 1. Passed by a majority of both houses. 
 
 2. Vetoed by the President. 
 
 3. Eepassed over President's veto by two-thirds 
 
 of both houses. 
 
 1. Passed by a majority of both houses. 
 
 2. Not signed or returned by the President in 
 
 ten days, except when Congress adjourns 
 before the ten days expire. 
 
 Constitutional Laws. — When a nation begins a new 
 government the manner in which it is to be conducted is 
 set forth in a body of laws. These laws are all made at one 
 
Constitutional Laws. 
 
 THE CONGRESS OF THE UNITED STATES. 93 
 
 time and all go into effect at the same time. They form 
 what is known as the Constitution of a nation, and must be 
 obeyed as well as any other law. Any part of the Consti- 
 tution is really a law, and to distinguish it from others it is 
 called the Constitutional Law. 
 
 Our Constitutional Laws were made in 1787 and became 
 effective in 1789. Since that time but fifteen changes have 
 been made. 
 
 1. Consist of many laws adopted in a body as 
 a whole. 
 
 2. All go into effect simultaneously. 
 
 3. They are few in number in comparison 
 with Statute Laws. 
 
 4. They are seldom changed. 
 
 Statute Laws. — Congress is given power by the Consti- 
 tution to make laws on various subjects. These laws are 
 known as Statute Laws. As each Congress makes many 
 during its sessions it will be apparent that the entire num- 
 ber of Statute Laws is very large. 
 
 A Statute Law made to meet a certain condition in one 
 year may not meet another somewhat similar condition in 
 ten or twenty years to come. Therefore the old Statute 
 Law should be so changed as to meet the contingency. In 
 1820 a Statute Law called the Missouri Compromise was 
 enacted. This provided for the admission of Missouri into 
 the Union as a slave State, and also for the prohibition, in 
 future times, of slavery in all States which were to be made 
 from the territory west of the Mississippi River and north 
 of the southern boundary of Missouri. This was a law of 
 the land. It applied to every one when it was made ; but, 
 being a Statute Law, it could be changed at any time. 
 
 In 1854 two Territories, Kansas and Nebraska, asked to 
 be admitted into the Union. As both of these are situated 
 
94 CIVIL GOVERNMENT. 
 
 north of the southern boundary of Missouri and west of 
 the Mississippi River there should have been no question 
 as to whether they should come into the Union as slave 
 or free States. But the Statute Law of 1820 seemed no 
 longer to apply, so a new one was made, which gave 
 the people of the two Territories concerned the right to 
 decide for themselves this vexed question. 
 
 Although the Constitution enumerates the various sub- 
 jects upon which laws may be made by Congress, it some- 
 times happens that one passes through the law-making 
 stages upon a subject which is not altogether within the 
 province of Congress. In such a case the doubt must be 
 settled by the Supreme Court of the United States, whose 
 duty it is to explain the Constitution and laws. If the court 
 decides that the law carries out a power of the Constitu- 
 tion it is said to be Constitutional ; if a negative decision is 
 given the law is said to be Unconstitutional. 
 
 Statute La-svs. 
 
 1. They are many in number. 
 
 2. They have been made from 1789 to the present 
 
 time. 
 
 3. If not in accordance with the Constitution of the 
 
 United States they are invalid. 
 
 Concurrent Orders, Resolutions, etc., to be passed on by the 
 President. 
 
 3. Every order, resolution, or vote, to -which the concur- 
 rence of the Senate and House of Representatives may be 
 necessary (except on a question of adjournment), shall be 
 presented to the President of the United States ; and 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. 
 
 Orders, Resolutions, and Votes. — This clause prevents 
 Congress from passing an important bill under some other 
 
THE CONGRESS OF THE UNITED STATES. 95 
 
 name so that it need not go to the President for his ap- 
 proval. A Senator wishes to have some important bill 
 passed, but he knows that the President is opposed to it, 
 and if sent to him he v^ould veto it and thereby defeat it. 
 So, instead of calling it a bill, he names it a resolution. 
 This resolution, if it were not for this clause, could become 
 a law. The object of this clause is also to extend the veto 
 power of the President to other matters and to prevent 
 Congress from trying to make laws without the consent of 
 the President. The veto power of the President is of great 
 importance if properly used. Its purpose is to sift the good 
 bills from the bad ones, thus causing good and efficient laws 
 to be made for the country. 
 
 From this clause we see that no order, resolution, or vote 
 to which the concurrence of both houses is necessary can 
 be passed without taking the same course as a bill. There 
 is only one exception to this, and that is upon the question 
 of adjpurnment. Both houses may decide this by a 
 resolution to which the signature of the President is not 
 necessary. 
 
 SUMMARY. 
 
 1. The first clause of the Constitution is known as the preamble. 
 It mentions the reasons for the adoption of the Constitution. 
 
 2. There are two houses in the law-making department of the 
 government. The Senate is smaller in membership than the House 
 of Representatives. The former represents the States, while the 
 latter represents the people. 
 
 3. A Senator must be thirty years of age, nine years a citizen of 
 the United States, and, when elected, must live in the State which 
 he represents. A Representative must be twenty-five years of age, 
 seven years a citizen of the United States, and must live, when 
 elected, in the State electing him. 
 
 4. Vacancies in the Senate are filled by the Legislature of a State 
 when it is in session and by the Governor when it has adjourned. A 
 
96 CIVIL GOVERNMENT. 
 
 vacancy in the House is filled by a special election called by the Gov- 
 ernor of the State in which the vacancy occurs. 
 
 5. Each house has a presiding officer. He is the Vice-President 
 or president pro tempore in the Senate. In the House he is the 
 Speaker. 
 
 6. In impeachment cases the House brings the charge and the 
 Senate tries the person. The punishment of an impeached person, 
 if found guilty, is removal from office and disqualification to hold 
 any office under the United States government. There may also be 
 a punishment imposed by a court of law. 
 
 7. Congress holds at least one session every year. This session 
 always begins on the first Monday in December. 
 
 8. A majority of the membership of each house constitutes a 
 quorum. When this number is not present no business can be 
 transacted. 
 
 9. The proceedings of each body are kept in a book provided for . 
 the purpose. This book is known as the journal. 
 
 10. To adjourn, both houses must agree to the time. 
 
 11. All bills for raising revenue must begin in the House of Rep- 
 resentatives, because this body is the one which directly represents 
 the people. Bills of other kinds may originate in either house. 
 
 12. That a bill may become a law it is necessary : {a) That it re- 
 ceive a majority in each house and then be signed by the President ; 
 {b) That it receive a two-thirds vote in each house without being 
 signed by the President ; (c) That it be passed by a majority of both 
 houses and be kept by the President ten days without being signed 
 or returned. 
 
 QUESTIONS. 
 
 1. What is meant by a preamble? 
 
 2. Name the objects to be attained by the adoption of the Consti- 
 tution. 
 
 3. Name the main divisions of the national government. 
 
 4. Name the divisions of the State government which correspond 
 to these. 
 
 5. What is the name given to the Legislative Department in the 
 nation ? In the State ? Of what parts does it consist in each ? 
 
THE CONGRESS OF THE UNITED STATES. 97 
 
 6. How and for how long are national Representatives chosen ? 
 
 7. How and for what term are State Representatives chosen ? 
 
 8. Enumerate the qualifications of Representatives in the United 
 States and in your own State. 
 
 9. Census : (a) Who takes it? (6) Is it compulsory on Congress 
 or not? (c) Of what use is it? (d) Explain the method in force in 
 1790. 
 
 10. North Carolina has a population of 1,617,947 and Delaware 
 168,493. Fix the number of Representatives to which each is en- 
 titled according to the ratio of 1890. 
 
 11. What is meant by a Congressional district? 
 
 12. What is meant by a State Representative district? 
 
 13. State the various ways by which a vacancy is occasioned. 
 
 14. In what manner are vacancies filled in the lower house at 
 Washington and in the lower house of your State Legislature ? 
 
 15. About the Senate, tell : (a) What it is ; {b) How it is com- 
 posed ; (c) What the term of office is ; (d) How vacancies are filled ; 
 (e) The qualifications of its members. 
 
 16. In reference to your State Senate, tell : (a) What it is ; (b) Its 
 composition ; (c) The length of the term of office ; {d) The manner in 
 which vacancies are filled ; (e) The qualifications necessary to become 
 a member. 
 
 17. Impeachment : (a) Define it. (b) Who brings the charge and 
 what vote is required ? (c) Who takes the next step and what vote 
 is required ? (d) What is the punishment by the Senate ? (e) What 
 other punishment may be inflicted ? (/) What is the object of this 
 procedure ? 
 
 18. Explain the purpose of the division of Senators into classes. 
 
 19. Make an outline. Call it Law-Making in the Nation and 
 State. Place in it : (a) The name of the body in each ; (b) The 
 names of the parts in each ; (c) The meeting place ; (d) How the 
 members are elected ; (e) The qualifications of the members ; (/) The 
 number of members ; (g) The manner in which vacancies are filled. 
 
 20. In Congress : (a) Who is the presiding officer of the House ? 
 (b) Does he have a vote on all occasions ? Why ? (c) Who acts when 
 he is not present? (d) Who is the presiding officer of the Senate? 
 (e) When does he vote? (/) Why is this right? (gr) Who acts when 
 
 t 
 
98 CIVIL GOVERNMENT. 
 
 he is not in attendance ? (A) Who acts when the President of the 
 United States is on trial for impeachment? 
 
 21. Describe briefly the power of Congress and the State Legislature 
 over elections for Senators and Representatives. 
 
 22. What provision is made by the Constitution for the meeting of 
 Congress ? 
 
 23. What does your State constitution say about the assembling of 
 the Legislature ? 
 
 24. How may a member of the Senate or of the House of Repre- 
 sentatives be expelled from either body? 
 
 25. Explain impeachment, quorum, yeas and nays. 
 
 26. What does the Constitution say about the adjournment of 
 Congress ? 
 
 27. Tell fully what a revenue bill is. 
 
 28. Explain all the ways in which a bill may become a law. 
 
 29. Define : {a) Constitutional Law ; (b) Statute Laws. 
 
 30. How may orders, resolutions, and votes become binding on the 
 citizens ? 
 
 31. Explain bill, law, veto, journal, elector. 
 
CHAPTER IX. 
 
 PO'WERS GRANTED TO CONGRESS. 
 
 General Powers of Congrress— Taxes, Duties, Imposts, Uniformity. 
 
 Sec. Vm. The Congress shall have poTver : 
 
 1. To lay and collect taxes, duties, imposts, and excises, 
 
 to pay the debts and provide for the common defence and 
 
 general welfare of the United States ; but all duties, imposts, 
 
 and excises shall be uniform throughout the United States. 
 
 Powers of Congress. — This clause and the following 
 seventeen tell exactly what Congress has the right to do. 
 It was thought advisable to place in the Constitution the 
 different subjects upon which Congress could make laws, 
 so that the States and the general government should not 
 be continually disputing each other's rights. Each clause 
 specifies some different power. This enables Congress to 
 know what laws to make and how far its power extends. 
 This reduces the number of disputes which might arise if 
 these powers were not specified. 
 
 To establish a uniform system throughout the country it 
 is necessary that Congress should have these powers. To 
 illustrate, take the postal service. Congress at the present 
 time has the right to conduct the postal service. Suppose 
 this power were not mentioned in the Constitution, and 
 several States should go into the postal business in order 
 to make money. New York might charge three cents, Ohio 
 four cents, and Delaware five cents for the delivery of a 
 letter. It might take New York two days to deliver a let- 
 ter, Ohio three days, and Delaware five days. This differ- 
 ence would cause great inconvenience and annoyance to 
 tradesmen and might possibly cause great injury to their 
 
100 CIVIL GOVERNMENT. 
 
 business. The United States government having charge of 
 all postal business, all persons pay the same rate of postage 
 and secure the same promptness in the delivery of their 
 mail. The States could not render this service. 
 
 Congress has power to make laws on all national matters 
 which are for the common good. The States, having differ- 
 ent conditions of race, climate, and soil, and knowing best 
 what laws are suited for their varied conditions, make their 
 own laws. 
 
 Taxation. — It requires many millions of dollars every 
 year to conduct the government. This money is obtained 
 by taxation. The Constitution gives Congress power to im- 
 pose upon the people a charge for the maintenance of the 
 government. A tax is a sum of money demanded by the 
 government for its support. 
 
 The power to tax people has existed everywhere and 
 from the earliest times. In absolute monarchies people 
 pay the tax without having a voice in saying how much it 
 shall be. The main cause of the Revolutionary War was 
 the laying of taxes without the consent of the people. All 
 nations of the world in which the people are represented 
 in the imposing of taxes are more contented than those in 
 which they have no representation. Had it not been for 
 Great Britain's foolish attempt in 1774 this country, with- 
 out any doubt, would still be a British colony. England 
 seems to have learned and profited by experience, for at 
 the present time all of her colonies have taxation with 
 representation. As a result of this she has comparatively 
 little trouble with her colonies, and all are happy. Canada, 
 Ireland, Scotland, Wales, India, and Australia are English 
 possessions. Spain, on the other hand, has practised the 
 reverse. Heavy taxes have been imposed on all of her 
 
POWERS GRANTED TO CONGRESS. 101 
 
 colonies. At different times, for many years, her depend- 
 encies have been in rebellion. As a consequence of the late 
 rebellion in Cuba, Spain has lost not only that colony but 
 also, in addition, Porto Rico and the Philippine Islands. 
 The last two are now possessions of the United States. 
 
 Under the Articles of Confederation Congress had the 
 power to levy taxes but could not compel any one to pay 
 them ; consequently, little money was received, thus causing 
 the nation to be in a bad financial condition. When the 
 Constitution was framed this evil was remedied by giving 
 Congress the power to compel the payment of taxes. 
 
 Kinds of Taxes. — There are two kinds of taxes, accord- 
 ing to the manner in which they are laid, — namely : 
 
 1. Direct. 
 
 2. Indirect. 
 
 ' Direct taxes are those laid directly on the people. A tax 
 paid for voting, called a poll tax, and a tax upon property 
 or land are good examples of this kind of tax. The first 
 direct tax was levied in 1798 upon houses, slaves, and 
 land. 
 
 Direct taxes are levied by the government only in times 
 of great need, such as in time of war, when much money 
 is required. Only about six times has this power to lay 
 direct taxes been exercised in our country. In 1861 it 
 was used to defray the heavy expenses incurred by the 
 Civil War. 
 
 Like the apportionment of Representatives, direct taxes 
 must be laid according to population. The object of this 
 is to prevent Congress from making citizens of one State 
 pay more towards the support of the government than those 
 in another State. Each person enjoys the benefit of the 
 government, and every one should bear his proportion of 
 
102 
 
 CIVIL GOVERNMENT. 
 
 the expense in conducting it. If Congress needed forty- 
 five million dollars and proposed raising this sum by a direct 
 tax, asking one million dollars from each State, great dis- 
 satisfaction would prevail. This method v^ould be very 
 unjust. 
 
 state. 
 
 People. 
 
 Tax. 
 
 Tax on each 
 Person. 
 
 New York 
 
 Delaware 
 
 6,500,000 
 170,000 
 
 11,000,000 
 1,000,000 
 
 10.20 
 6.00 (about) 
 
 We see by this table that a citizen of Delaware would 
 pay about six dollars towards the support of the govern- 
 ment, while a citizen of New York would pay but twenty 
 cents. This is so unfair that such a method of taxation is 
 forbidden by the Constitution ; the tax must be laid accord- 
 ing to the population. If Congress wishes to raise sixty-five 
 million dollars and thpre are sixty-five million people in the 
 United States, each one would pay as his share one dollar. 
 
 state. 
 
 Number of 
 People. 
 
 Tax on each 
 Person. 
 
 Share of Tax. 
 
 New York 
 
 Delaware 
 
 5,500,000 
 170,000 
 
 11.00 
 1.00 
 
 $5,500,000 
 170,000 
 
 Indirect Taxes. — An indirect tax is one that every person 
 is not compelled to pay. This tax is laid on goods brought 
 into a country or those made within it. Indirect taxes 
 are more agreeable to the people because the charges are 
 small, and people, when buying the goods, are generally 
 unconscious of the fact that they are paying a tax. 
 
POWERS GRANTED TO CONGRESS. 103 
 
 Difference of Terms. — There is little difference in the 
 meaning of the words taxes, duties, imposts, and excises. 
 They all mean the giving of something by the people to the 
 government for its maintenance. Duties refer to taxes on 
 goods imported. Excises are taxes on goods made within 
 a country. 
 
 Duties. — There are three classes of duties, — viz. : 
 
 1. Specific. 
 
 2. Ad valorem. 
 
 3. Compound. 
 
 A specific duty is a tax laid according to quantity, 
 weight, or measure ; as, two cents a pound on sugar, eight 
 cents a yard on lace, twenty-five cents a gallon on olive oil. 
 
 An ad valorem duty is a tax laid according to the 
 value of the goods ; as, five per cent., or five cents on each 
 dollar's worth of silk, fifteen per cent, on diamonds. 
 
 A compound duty is a combination of the specific 
 and ad valorem duties. A man imports fifty pounds of 
 tobacco, worth fifty cents a pound. He is compelled to pay 
 a tax on the quantity, say five cents a pound, or two dollars 
 and fifty cents. He is also compelled to pay a tax on the 
 value of the tobacco, say ten per cent., or two dollars and 
 fifty cents. The specific duty at five cents a pound is two 
 dollars and fifty cents, and the ad valorem duty of ten per 
 cent, is two dollars and fifty cents. He would, therefore, 
 have to pay the government five dollars. This is an ex- 
 ample of a compound duty. 
 
 Tariff. — Thousands of articles are imported into the 
 United States ; for each of these a different tax must be 
 laid. These taxes taken together form what is called the 
 
104 
 
 CIVIL GOVERNMENT. 
 
 tariff of a country. This word tariff has an interesting 
 history. About a century ago, there dwelt at the entrance 
 to the Mediterranean Sea a band of pirates. The strait at 
 this point being very narrow, every ship passing was boarded 
 by the pirates, who compelled the captain of the ship to 
 give a sum of money or a part of the cargo for permission 
 to pass on. The name of the place or town, which is near 
 the Strait of Gibraltar, is Tarifa. From this town of Tarifa 
 our present word "tariff" is derived. 
 
 Excises are taxes on goods made in a country. At the 
 present time, there is only an excise tax, known as internal 
 revenue, laid on tobacco and alcoholic liquors, because they 
 are not considered as necessities of life. 
 
 Direct taxes must be laid according to population ; indirect 
 taxes must be the same or uniform throughout the United 
 States. Goods brought from London to Boston must pay 
 the same tax as if brought to Philadelphia. If the govern- 
 ment should say the tax is five cents at Boston and ten cents 
 at Philadelphia, all vessels would enter Boston and thus 
 save the difference between the taxes. The failure to make 
 taxation uniform would give one city an advantage over 
 another. 
 
 Taxes. . 
 
 1. Direct — seldom laid — ac- 
 cording to census . . . 
 
 2. Indirect — always laid- 
 must be uniform . . 
 
 ■ 1. Income tax. 
 
 2. Tax on real estate. 
 
 3. Tax on personal property. 
 
 1. Specific — 
 quantity. 
 
 2. Ad valorem — 
 r Duties. . \ value. 
 
 3. Compound — 
 quantity and 
 value. 
 
 Internal [ Tobacco. 
 Eevenue. 1 Alcohol. 
 
POWERS GRANTED TO CONGRESS. 105 
 
 All duties are payable at the custom-houses. These 
 are branches of the Treasury Department of the United 
 States. Money thus obtained is used : 
 
 1. To pay the debts of the United S<|ites. 
 
 2. To provide for common defence. 
 
 3. To provide for the general welfare of the country. 
 
 Troubles caused by Taxation. — At the beginnmg of 
 the government great sums of money were needed. Alex- 
 ander Hamilton, Secretary of the Treasury under Wash- 
 ington, was the first to recommend measures for taxing the 
 people in order to maintain the government and pay the 
 debts contracted during and after the Revolutionary War. 
 His scheme is known as "Hamilton's Funding System." 
 It provided for four things, — namely : 
 
 1. To pay the running expenses of the government. 
 
 2. To pay France and other countries the money loaned to the 
 United States during the Revolution. 
 
 3. To pay the soldiers who took part in the Revolution and those 
 in our country who had loaned the government money during that 
 period. 
 
 4. To pay the debts which the States had contracted with their own 
 citizens during the war. This has been termed the ''Assumption of 
 State Debts." 
 
 Whiskey and other alcoholic drinks were much in use at 
 the time of Washington's administration, and as they were 
 not considered necessities of life a tax was laid on them. 
 In 1794, in Western Pennsylvania, where this product was 
 extensively manufactured from corn, the people refused to 
 pay the tax and started an insurrection. Washington, how- 
 ever, ordered out the militia of Pennsylvania, New Jersey, 
 
106 CIVIL GOVERNMENT. 
 
 Maryland, and Virginia. In a short time quiet was restored 
 without bloodshed. 
 
 Nullification. — In John Quincy Adams's administration 
 a high tariff was laid, called the " American System." Its 
 object was to keep foreign goods out of this country by 
 placing a high tax upon them and thus protect the home 
 manufacturers. The North had all the factories. It thus 
 received all the benefit of the tariff, while the South, being 
 agricultural in its pursuits, did not receive any benefit, and 
 since it bought most of its goods from England, it really had 
 to pay the increased taxes. The South, therefore, opposed 
 this method of taxation. In 1833 South Carolina refused to 
 pay the tax upon imported goods, saying that the law which 
 imposed such a tax was '^ null and void." This action of the 
 State of South Carolina in declaring a law passed by Congress 
 null and void has been termed " nullification." Nullifica- 
 tion means the refusal of a State to obey a law of Congress. 
 
 President Jackson sent an armed force to Charleston to 
 see that the taxes upon imported goods were paid. The 
 people of South Carolina paid the taxes reluctantly. The 
 opposition, however, caused a change in the tariff. Henry 
 Clay had a compromise tariff passed by Congress, which 
 provided for the gradual reduction of the obnoxious tariff 
 until a certain point was reached where it was to remain. 
 
 American System, or Protective Tariff. — This system 
 of taxation not only helps to pay the expenses of the gov- 
 ernment but also protects home manufacturers. The object 
 of this form of tariff is to compel the consumer to buy 
 home manufactured goods or else pay a high price for the 
 same article manufactured in a foreign land. This system 
 reached its height in John Quincy Adams's administration. 
 
POWERS GRANTED TO CONGRESS. 107 
 
 It was set aside in Polk's administration and revived in 
 Lincoln's administration. Some of the most important pro- 
 tective tariff bills have been the " McKinley Bill," passed in 
 Harrison's administration, and the " Dingley Bill," passed in 
 McKinley's administration. 
 
 Tariff for Revenue. — This is a system which simply takes 
 into consideration the amount of money to be raised by 
 taxation for the maintenance of the government. It does 
 not protect home industries. The following are tariff for 
 revenue bills : 
 
 1. ** Mills Bill," passed during Cleveland's first administration. 
 
 2. "Wilson-Gorman Bill," passed during Cleveland's second ad- 
 ministration. 
 
 The " Wilson-Gorman Bill" had some protective features 
 in it. President Cleveland did not sign it, but permitted it 
 to become a law by not returning it within the required 
 time. 
 
 The Republicans of this country have advocated a protec- 
 tive tariff, while the Democrats have supported a tariff for 
 revenue only. 
 
 Free trade is the admission of all foreign goods into a 
 country free of duty. 
 
 Reciprocity is an agreement between two countries con- 
 ferring equal privileges as regards the admission of imports. 
 
 Borrow Money. 
 2. To borrow money on the credit of the United States. 
 
 Borrowing" Money. — The tariff of the United States 
 brings in sufficient money to carry on the government. The 
 
108 CIVIL GOVERNMENT. 
 
 object of this tariff is to make the expense of carrying on 
 the government less burdensome to the people. In case 
 of war or in time of great need sufficient money cannot 
 be raised by the tariff alone. A higher tariff could be 
 made, but to pass and put into operation a new tariff law 
 would require so much time that the country might be 
 placed in peril. To meet such a condition Congress has 
 the power to borrow money in the name of the United 
 States. Money may be borrowed at home and abroad. As 
 a rule, however, our citizens have such faith in the govern- 
 ment that all that is needed can be procured in our own 
 country. 
 
 Money is generally raised in times of emergency by 
 issuing bonds. A bond is a paper issued by the govern- 
 ment, binding itself to pay a certain sum of money at a 
 specified time, ten or twenty years, and also to pay a certain 
 rate of interest. In 1898, as a result of the war with Spain, 
 two hundred million dollars worth of bonds, bearing three 
 per cent, interest, were issued. In a few months the entire 
 amount was sold. 
 
 Reg-ulation of Commerce. 
 
 3. To regulate commerce with foreign nations, and among 
 the several States, and with the Indian tribes. 
 
 Commerce. — The exchange of products and manufactures 
 between different places or communities is called com- 
 merce. The exchange between people of two different 
 countries is known as foreign commerce ; that between 
 people of different cities and States of a nation, domestic 
 commerce. 
 
 The extent of the commerce of a country is an indication 
 of its condition. President Cleveland said, "Commerce is 
 the life-blood of a nation, and no country that loses or im- 
 
POWERS GRANTED TO CONGRESS. 109 
 
 poverishes it can long retain a commanding position among 
 the nations of the world." 
 
 The Continental Congress had no power over commerce. 
 Each State made such laws on this subject as seemed of 
 special benefit to itself only. Pennsylvania might have for- 
 bidden the importation of certain articles from New Jersey, 
 and most likely the latter State would have done the same 
 with reference to the importation of articles from the former 
 State. Such condition of affairs produced much contro- 
 versy, which was finally remedied by the Constitution. 
 
 Commerce may be regulated by Congress with : 
 
 1. Foreign nations Foreign commerce. 
 
 2. The States Domestic commerce. 
 
 3. Indian tribes Domestic commerce. 
 
 Comparatively little commerce is now carried on with the 
 Indians. In the early days of the government, before the 
 West was settled and while many red men remained, there 
 was much exchange in furs. According to the last census, 
 there are few Indians ; consequently, their articles of ex- 
 change are inconsiderable. 
 
 Aids to Oommerce. — Congress has helped the progress 
 of commerce in many ways, — namely : 
 
 1. By making Laws on the Subject of Fisheries ; their Pro- 
 tection and Growth. There is a certain department of the govern- 
 ment, known as the Fish Commission, which annually sends out mil- 
 lions of fish to be placed in the rivers and streams of the country. 
 
 2. By establishing a Life-Saving Service. During the greater 
 portion of the year men are stationed at the most dangerous parts 
 of the coast. Continual watch is kept for ships in danger. Since the 
 year 1871, when the service was inaugurated, many persons have 
 been rescued and many millions of dollars worth of cargo have been 
 saved. 
 
110 CIVIL GOVERNMENT. 
 
 3. By supplsdng Light-Houses and Buoys. Light-houses are 
 placed in dangerous localities, so that at night a ship may know its loca- 
 tion and at the same time its danger. Buoys are placed in all shal- 
 low places in rivers, bays, and gulfs to prevent vessels from grounding. 
 
 4. By surveying Coasts and Harbors. The coasts and har- 
 bors are all surveyed and the dangerous places marked by light-houses 
 and buoys. After the survey of a harbor, maps are prepared and 
 issued to captains of ships. These maps indicate the location of dan- 
 gerous places. They prove of great assistance to captains in entering 
 strange harbors. 
 
 6. By protecting Seamen. A Marine-Hospital Service has been 
 established by Congress. The health of all officers and crews of 
 American shipping is under its care. Under its control are hospitals 
 where sick and disabled seamen may find a home, and where they 
 receive medical attention. 
 
 ' 6. By a Weather Bureau. This department telegraph^s notice 
 of approaching storms throughout the country, that vessels about to 
 leave port may remain until danger is past, and thus avoid the risk of 
 destruction of life and cargo. 
 
 7. By encouraging the Building of Railroads. Commerce is 
 carried on in the country mostly by railroads ; here Congress has also 
 encouraged it in this manner : 
 
 1. By giving free of charge large tracts of land. 
 
 2. By having the cars equipped with safety appliances to pro- 
 
 tect trainmen. 
 
 Naturalization and Bankruptcy. 
 
 4. To establish a uniform rule of naturalization, and uni- 
 form laws on the subject of bankruptcies throughout the 
 United States. 
 
 Process of Naturalization. — The process by which an 
 alien becomes a citizen of the United States is called natu- 
 ralization. 
 
 A foreigner is a person who travels or resides in a differ- 
 ent country from that in which he was born. 
 
 An alien is a foreigner who does not enjoy any political 
 
POWERS GRANTED TO CONGRESS. HI 
 
 rights of the country in which he resides. An ahen, by 
 naturalization, becomes a citizen. 
 
 Persons born in the United States are citizens. This is 
 set forth in the Fourteenth Amendment, which says, *' All 
 persons born in the United States and subject to the juris- 
 diction thereof, are citizens of the United States and of the 
 State wherein they reside." 
 
 Laws relating to naturalization can only be made by 
 Congress. The following law has been made by Congress 
 on this subject : 
 
 1. An alien, after three years* residence, appears before any court 
 having jurisdiction and makes a declaration of his intention of be- 
 coming a citizen. He then receives what are termed * * his first papers. ' * 
 
 2. Two years after this, making five years in all, he again ap- 
 pears in court and takes an oath of allegiance to his new government 
 and renounces his allegiance to his old country. He is asked some 
 questions on the government of the country, and if the judge think 
 him a fit person for citizenship, naturalization papers are granted 
 and the applicant becomes a citizen. 
 
 An alien, who has served in the American army or navy 
 one year and has been honorably discharged, may become 
 a citizen at the end of his year's service, provided that he 
 be over twenty-one years of age. 
 
 Persons bom in a foreign country of American parents 
 are citizens of the United States. Such an individual is 
 eligible to the office of President of the United States. 
 
 When an alien is naturalized all of his children, if living 
 in this country and under twenty-one years of age, are 
 made citizens at the same time without further trouble. 
 
 By the annexation of Hawaii and Porto Rico all the in- 
 habitants of these islands will, in time, become citizens with- 
 out the process of naturalization. When a Territory becomes 
 
112 CIVIL GOVERNMENT. 
 
 a State all the inhabitants become citizens of the United 
 States without further procedure. 
 
 In all States, male citizens, provided they have certain 
 other qualifications, are allowed to vote. In a few States, 
 notably those of the West, women citizens are granted the 
 right of suffrage. Children are not permitted to vote in any 
 State. 
 
 Immigration. — In a little over a century the population 
 of this country has increased over sixty millions. The cause 
 of this was the immense number of people who came from 
 other lands. A person who moves from one country to 
 another is called an emigrant of the country which he 
 leaves, and an immigrant of the one which he enters. Emi- 
 gration means the act of leaving a country ; immigration, 
 the act of entering a country. 
 
 The early arrivals were earnest men of strong character 
 who left home because of religious oppression, and who 
 came to make a home for themselves and families in the 
 new country. They possessed a strong desire for liberty. 
 Their descendants were the sturdy men who resisted Eng- 
 land and made a nation of the thirteen colonies. Such 
 immigrants are always desirable, and no laws should be 
 made which will ever keep from them the benefits of resi- 
 dence among us. 
 
 In later years, few of the best men of other lands have 
 come to our shores. Those who are satisfied with their 
 mother country generally remain there, while those who 
 are dissatisfied — namely, criminals and those wishing to 
 escape military service — come to our country. There has 
 been, however, a small number of very desirable arrivals, 
 whose object is to better their condition, and who are ener- 
 getic and honest. 
 
POWERS GRANTED TO CONGRESS. 113 
 
 The most undesirable class of immigrants are the Chinese. 
 Their immigration began about 1880. The object of their 
 coming to America was not to stay or to associate with 
 the other races, but to make sufficient money in a few 
 years to return and live at ease in their mother country. 
 Besides their isolation, they possess certain disagreeable 
 habits. They use opium to a marvellous extent. The main 
 objection to them was urged by the people of California. 
 It was claimed, and rightly so, that they displaced many 
 American citizens by agreeing to perform the same labor 
 for much less wages. It was also apparent that they never 
 intended to become, and that they would never make the 
 right kind of, citizens. In Cleveland's administration (1885- 
 1889), a law was made prohibiting any more from landing. 
 It is claimed that there are people who come from other 
 lands who are as undesirable as the Chinese. This is true, 
 but we have solved the Chinese question, and probably this 
 solution will aid us in debarring other undesirable immi- 
 grants. Laws prohibiting the immigration of improper 
 persons should be passed and firmly carried out. 
 
 It is the duty of the government to enact laws that 
 will keep out of our country those whose influence would 
 be harmful. Anarchists, whose wish it is to arouse discon- 
 tent ; criminals, who have no respect for the law ; paupers, 
 who are apt to become public charges ; and those of a weak 
 or immoral nature, who are apt to contaminate others, should 
 all be denied admission into our country. We can have no 
 law too strict on the question of immigration. 
 
 This is a very important question, and one of vital in- 
 terest to our nation. If we permit the elements of weak- 
 ness to enter into the structure of our nation it will fall 
 just as others have fallen. When you study the history of 
 Rome you will see why that country, once the mistress of 
 
 8 
 
114 CIVIL GOVERNMENT. 
 
 the world, tottered and fell. You will notice that so long as 
 Roman citizenship was confined to Romans only, that nation 
 prospered in all its battles, because they were fought solely 
 by Romans. But when outside nations were conquered and 
 the defeated people permitted to enter into Roman citizen- 
 ship, then Rome began to lose her prestige. The battles were 
 no longer fought by Romans but by aliens who did not pos- 
 sess the Roman valor. Battle after battle was lost, each 
 diminishing the territory and power of Rome, until finally 
 there was nothing left but a weak, indifferent people. This 
 happened to a nation which at one time governed the world. 
 It happened because that nation did not grant citizenship to 
 the kind of people who would be proud of such an honor. 
 We think our nation is strong, but carelessness in the grant- 
 ing of admission into our country and the right of citizenship 
 will cause our downfall just as it did Rome's. 
 
 We welcome to our shores those people who can appre- 
 ciate the honor of American citizenship and who are willing 
 to learn our language, laws, and customs. As it once was 
 said of the Roman, let it be said of us, *' To be an American 
 is an honor." 
 
 Higher Standard of Naturalization. — In those countries 
 where the representatives of the people carry on the gov- 
 ernment there is always present a serious danger. Office- 
 holders will not perform the work intrusted to them to the 
 best of their abilities. Incompetent and dishonest men 
 often get control of an office ; they perform the duties in 
 such a manner as to benefit themselves. Despite the 
 harm done, it is a difficult matter to elect a better man. 
 The same principle that holds in business should apply to 
 the government : it should be conducted for the best interests 
 of all concerned. 
 
POWERS GRANTED TO CONGRESS. 115 
 
 Able men could fill such places, but they are seldom 
 selected. The fault is with the voters. It seems that the 
 greater number vote for any candidate without carefully 
 looking into the qualifications of the man. The ignorant 
 voters outnumber the intelligent. The former are used by 
 the politicians for their dishonest purposes. No well-in- 
 formed person doubts that the elections are made impure 
 and false by the immense number of illiterate and degraded 
 persons. It is a parody on education to give an ignorant 
 man one vote and no more to the highly developed citizen. 
 Small wonder intelligent persons stay away from the polls 
 when they know that their ballots are neutralized by persons 
 who cannot be compared to them in knowledge and charac- 
 ter ! To blame the ignorant is not unjust, when most of the 
 frauds are known to occur in the districts in which they live. 
 
 The United States courts could be a power in bringing 
 about a reform. They alone have the right to naturalize. 
 Too often foreigners without qualification are admitted 
 to citizenship. Instead of requiring some severe test, the 
 mere fact of five years' residence is taken. Our judges 
 cannot be too careful in the granting of naturalization 
 papers. None but those who know how to read and write 
 our language should be admitted to citizenship. Nor is an 
 educational test too severe. A knowledge of history and 
 geography should also be required. When a man who has 
 been born and educated here finds that an illiterate for- 
 eigner has as much power in the government as he has, he 
 becomes disgusted. This unequal citizenship should not 
 exist. There are many native-born citizens to whom this 
 test should also be applied. Where the person could show 
 that he has attended school to the age of fourteen or sixteen 
 the law could be set aside. This question is more serious 
 than most people think, aiming as it does at the very life of 
 
116 CIVIL GOVERNMENT. 
 
 the government. Unless republics are well managed they 
 are more sure to fall than monarchies. " Eternal vigilance 
 is the price of liberty." 
 
 Bankruptcy. — When a person owes more than he can 
 pay he is in debt, and we call him a bankrupt. In colonial 
 days people were very strict in this matter. Any one not 
 being able to pay his accounts was cast into prison until 
 some of his friends should come forward and discharge the 
 debt for him. 
 
 It will be easily seen that this was a bad plan. All men 
 who fail in business are not dishonest, and if such a person 
 is placed in prison he is disgraced and he can hardly elevate 
 himself. On the other hand, an honest man might fail in 
 business because of bad plans and inefficient employees. 
 This man, if he had another chance, might probably prosper, 
 and then be able to pay all of his back debts. 
 
 A man who finds himself unable to meet his obligations 
 and desires to start in business anew goes before a court 
 and has himself adjudged a bankrupt. This releases him 
 from paying any debts which he is unable to meet and pro- 
 tects him in future times from losing any money or property 
 acquired since he was declared a bankrupt. 
 
 One failing in business should turn over all his property 
 to his creditors. This may only be worth a small part 
 of his debts, but at any future time he is not bound by law, 
 but by honor, to pay his entire debt. After relinquishing all 
 his property, he can no longer be held for the same debt. 
 
 Mr. Allen has a large business. At the end of a year his 
 expenses are found to be seventy-five thousand dollars and 
 his receipts but ten thousand dollars. Seeing that he is so far 
 behind, he applies to the court, who declares him a bankrupt. 
 The ten thousand dollars and his property valued at fifteen 
 
POWERS GRANTED TO CONGRESS. 117 
 
 thousand dollars are turned over to the creditors. The fifty- 
 thousand dollars is a loss unless Mr. Allen is successful in 
 another business. He then may, from a stand-point of honor 
 to himself and family, pay off his old indebtedness. 
 
 The present national bankruptcy law was passed in 1898. 
 We had, previous to that time, three such laws, all of which 
 were repealed. The first, made in 1800, was repealed in 
 1803 ; the second, made in 1841, was repealed in 1843 ; and 
 the third, made in 1867, was repealed in 1878. Some States 
 have passed insolvent laws for the benefit of men who fail 
 in business. 
 
 Money, Weigrhts, and Measures. 
 5. To coin money, regulate the value thereof, and of 
 foreign coin, and fix the standard of -weights and measures. 
 
 Money. — There are two kinds of money, — ^viz. : 
 
 1. Coin. 
 
 2. Paper. 
 
 To have the money in different parts of the country 
 alike. Congress alone has the power to coin it. Coinage is 
 the making of money. Coin money is made at the mints. 
 Paper money is made at the Bureau of Engraving at Wash- 
 ington. Mints have been established at Philadelphia, San 
 Francisco, New Orleans, and Carson City. On each coin 
 made at the different mints there are certain small letters 
 showing where they were coined. "S" stands for San 
 Francisco, " 0" for New Orleans, and *' C C" for Carson 
 City. Philadelphia being the main mint the coins from 
 this city have no mint mark. 
 
 All coins are round, so that there may be no corners 
 to wear away rapidly. 
 
 The present system of decimal coinage was the work of 
 Thomas Jefferson. In 1784 he submitted a report to the 
 
118 CIVIL GOVERNMENT. 
 
 Second Continental Congress, which was adopted in 1785, 
 providing for four coins as follows : 
 
 1. A gold piece value, $10.00 = eagle. 
 
 2. A silver piece value, 1.00 = dollar. 
 
 3. A silver piece value, ^iff of 1.00 = dime. 
 
 4. A copper piece value, j^ of 1.00 = cent. 
 
 Coin money contains some metal which has value in 
 itself. There is always a certain percentage of the metal 
 used in making a coin which has nothing to do with the 
 value of the coin, but is simply there to preserve it. The 
 various metals used in coining silver and gold are termed 
 alloys. If coins were simply made of pure gold or silver 
 they would not be so durable. When these metals are 
 used in connection with an alloy the coin is harder, and 
 lasts for years. If a ten dollar gold piece were melted we 
 should still be able to obtain ten dollars for the gold. Gold 
 and silver coins consist of nine parts of pure metal and one 
 part alloy. The alloy of silver coins is pure copper. The 
 alloy of gold coins consists of two metals, — viz., silver and 
 copper, the latter metal not exceeding one-tenth of the alloy. 
 The nickel coins contain one part of nickel to three parts 
 of copper. The bronze coins consist of ninety-five parts 
 of copper to five parts of zinc and tin. 
 
 Gold coins are a legal tender for any amount of debt. Sil- 
 ver coins that are made at the present time are legal tender 
 for any amount not exceeding five dollars in any single pay- 
 ment. Nickel and bronze coins are legal tender for amounts 
 not exceeding twenty-five cents in any single payment. 
 
 Paper money is only a convenience, and the paper of i 
 which it is made has no value. Paper money is only taken 
 by the people because it will be exchanged for coin by the 
 government. This money consists of notes, termed gold 
 and silver notes. If you examine a dollar note you will 
 
POWERS GRANTED TO CONGRESS. 119 
 
 find on one side of it a statement to this effect : ** This cer- 
 tifies that there has been deposited in the Treasury of the 
 United States one silver dollar." Each note issued by the 
 United States Treasury contains a similar statement as to 
 the amount of gold or silver deposited at Washington. It 
 is this statement on paper money that makes it acceptable * 
 to the people. If they knew they could not obtain gold or 
 silver for the paper money they would not want it. It 
 may be well to know that this paper money does not 
 represent coined silver or gold, but uncoined. It is the 
 silver and gold in their pure state. In this condition they 
 are called bullion gold and bullion silver. People are not 
 afraid to take these notes in payment for a debt. They 
 have great faith in then* government. They know, too, that 
 when it promises to do anything it does it. There are 
 other kinds of notes or paper money in our country. 
 These are called bank notes, and are issued by banks when 
 they possess government bonds. Such a note contains this 
 statement : " This note is secured by bonds of the United 
 States deposited with the United States Treasurer at Wash- 
 ington." When you become older and learn our banking 
 system you will understand how these notes are issued. It 
 is always well that the amount of coin money should exceed 
 the amount of paper money. 
 
 During the Revolutionary War Congress issued Conti- 
 nental currency in such large quantities that it was worth- 
 less. The notes issued at that time were not secured by 
 gold and silver. The people knew that paper money with- 
 out gold or silver to back it was worthless. The conse- 
 quence was that the people were afraid to take it. It 
 depreciated to an alarming extent, and the value of com- 
 modities became enhanced. 
 
 So much paper money was issued during the Civil War 
 
120 
 
 CIVIL GOVERNMENT. 
 
 that one dollar in paper was worth but thirty-three cents in 
 coin. The result of this was that in a few years all the coin 
 disappeared and only paper was used. The notes issued 
 by the government at this time were called " greenbacks," 
 because the backs of the notes were printed in green ink. 
 Business for many years was paralyzed. Finally, in 1879, 
 Congress authorized the Treasurer of the United States to 
 say that all paper money would be taken and specie, or coin, 
 given for it at the Treasury. This was termed the " Re- 
 sumption of Specie Payment." It had the effect of im- 
 proving the business of the country. 
 
 Congress has the power of fixing the value of foreign 
 coins, and it has done so. 
 
 Country. 
 
 Name of Coin. 
 
 Value in United 
 States. 
 
 Enerland 
 
 Sovereign, or Pound. 
 
 Franc. 
 
 Mark. 
 
 Yen. 
 
 $4.86 
 
 France 
 
 .193 
 
 Germany 
 
 Japan 
 
 .238 
 .997 
 
 
 
 Merchants of this country carry on commerce with all 
 parts of the world. When a merchant wishes to buy tea 
 in Japan the price is quoted in that country's money. He 
 must know the value of Japanese money in order to decide 
 whether the price is suitable for him to buy or not. The 
 value of foreign money is fixed by Congress as a conve- 
 nience to merchants who buy in foreign countries and to 
 travellers who journey in foreign lands. 
 
 Weights and Measures. — America being settled mostly 
 by Englishmen, many of the English customs were brought 
 over by them. Among these was the system of weighing 
 
POWERS GRANTED TO CONGRESS. 121 
 
 and measuring in vogue in England. No attempt has been 
 made to alter these, although Congress has the power to 
 do so. At the present time these systems are so firmly- 
 intrenched as the result of several centuries of use that to 
 change them would cause an upheaval in the business 
 world. Two such important nations as England and the 
 United States possessing the same standard of weighing and 
 measuring simplifies commerce to a great degree. 
 
 There is another system of weights and measures in use 
 in nearly all countries except England and the United States. 
 It is called the Metric System, and, like our system of money, 
 is based on decimals. It is also in general use by scien- 
 tific men of this country. Some Americans have advocated 
 its adoption in order to do away with the troublesome and 
 hard English tables. Congress, however, has simply au- 
 thorized the use of the metric system, but has never insisted 
 upon its compulsory application. The advantages claimed 
 for this system are : 
 
 1. The facility with which it can be learned. 
 
 2. Its use by many nations makes it more universal than the 
 English system. 
 
 3. It simplifies operations in arithmetic. 
 
 Counterfeiting. 
 6. To provide for the punishment of counterfeiting the 
 securities and current coin of the United States. 
 
 Counterfeiting is a serious crime. It consists in the 
 making of money by unauthorized persons. A person 
 who makes coin or paper money, unless employed by the 
 government to do so, is guilty of that crime, and, if detected, 
 may be fined and imprisoned. 
 
 The object of counterfeiters of coin is to make money 
 with little precious metal in it and then to pass it for good 
 
122 CIVIL GOVERNMENT. 
 
 money, thus defrauding the people and enriching them- 
 selves. A law against counterfeiting the securities and 
 coin of the United States was passed by Congress in 1864. 
 This law provides a penalty of a maximum fme of five 
 thousand dollars and imprisonment for a period not ex- 
 ceeding ten years. Foreign coin and securities are pro- 
 tected by the counterfeit laws of our country. If Congress 
 had not the power to punish counterfeiters, the good money 
 would disappear, people would be afraid to accept or change 
 money, and business would be paralyzed. 
 
 Securities are paper money or government bonds. 
 
 Current coin is that which is circulating or in use. 
 
 The money of a country changes from time to time. 
 There were at one time a half-cent and a two-cent coin, 
 also a three-cent, a five-cent, and a twenty-cent piece of 
 silver ; but these have been withdrawn, and are no longer 
 current. There would be no gain to any one to counterfeit 
 coin which is not current, as no one would accept it. 
 
 Post-Offlces. 
 7. To establish post-ofiQces and post-roads. 
 
 Post-Oflaces. — The place where mail matter is received 
 and arranged for delivery is a post-office. 
 
 A post-road is a route over which the mail is carried. 
 Before railroads and steamships came into use it was neces- 
 sary for Congress to open roads between different places, 
 but now there is no necessity for this, as the railroads go to 
 almost every town in the country. 
 
 The management of post-offices is under the control of 
 the Postmaster-General, who was made a cabinet officer in 
 Jackson's administration. There are at present seventy 
 thousand post-offices. The progress of the post-office is 
 shown by the facility with which the mail is now handled. 
 
POWERS GRANTED TO CONGRESS. 123 
 
 Formerly, it took a week for a letter to go from Philadel- 
 phia to New York ; to-day, a letter can be written in one 
 of these cities and delivered within several hours. 
 
 Railroad and steamship companies receive contracts to 
 carry the mail to distant places. By arrangements with 
 foreign countries letters are quickly delivered in almost all 
 parts of the world. 
 
 In 1851 it cost ten cents, later reduced to six cents, to 
 send a letter from New York to California. In 1863 the 
 rate was reduced to three cents to any part of the United 
 States, and in 1883 to two cents. Five cents is charged to 
 send a letter to any of the civilized countries of the world. 
 
 Patents and Gopyrig-hts. 
 
 8. To proraote the progress of science and useful arts, by 
 securing for limited times to authors and inventors the ex- 
 clusive rights to their respective writings and discoveries. 
 
 Copyrights. — When a person spends years in study for 
 the purpose of writing a book containing his best thoughts, 
 it is right that he should receive all the credit and benefits 
 attached to it. If he published the work and every publish- 
 ing company had the right also to publish it, he would 
 receive little compensation for his long labor. 
 
 In order to encourage study and to protect authors. 
 Congress has given to writers the sole privilege of pub- 
 lishing their works. This privilege is called a copyright. 
 
 A copyright may be obtained by sending one dollar with 
 the title-page and two copies of the work to the Librarian 
 of Congress at Washington, D. C. A copyright lasts for 
 twenty-eight years, and at the expiration of that time may 
 be renewed for fourteen years, thus securing to an author 
 protection for his work for forty-two years. 
 
 The writings of different authors of a country taken 
 
124 
 
 CIVIL GOVERNMENT. 
 
 ' Revolutionary 
 period . . . 
 
 Literature 
 of Our 
 Ooun try- 
 
 Birth of Ameri- 
 can litera- 
 ture in Mon- 
 roe's admin- 
 istration . . 
 
 Extension of 
 American 
 literature in 
 Jackson's 
 administra- 
 tion 
 
 Literature in 
 Buclianan's 
 administra- 
 tion 
 
 Joseph Rodman Drake 
 
 Fitz-Greene Halleck . . 
 
 Thomas Paine 
 
 Benjamin Franklin . . 
 
 American Flag. 
 Culprit Fay. 
 
 On the Death of 
 
 Drake. 
 Marco Bozzaris. 
 
 Crisis. 
 
 Thomas Jefferson .... 
 William Cullen Bryant . 
 Washington Irving . . . 
 
 James Fenimore Cooper . 
 John Greenleaf Whittier 
 
 Henry W. Longfellow . . 
 
 Oliver Wendell Holmes 
 Nathaniel Hawthorne 
 George Bancroft ... 
 William H. Prescott . . 
 
 John Lothrop Motley . 
 
 Ralph Waldo Emerson 
 James Russell Lowell . 
 
 /■ Autobiography. 
 ^ Poor Richard's Al- 
 l manac. 
 
 f Notes on Virginia. 
 < Declaration of Inde- 
 (. pendence. 
 
 f Thanatopsis. 
 1 Green River. 
 
 (History of New 
 York. 
 Life of Columbus. 
 Life of Washington. 
 
 {The Deerslayer. 
 Last of the Mohicans. 
 The Spy. 
 
 f Barbara Frietchie. 
 
 Snow-Bound. 
 [ Among the Hills. 
 
 (Evangeline. 
 Hiawatha. 
 Courtship of Miles 
 Standish. 
 
 r Elsie Venner. 
 < Autocrat of the 
 ( Breakfast-Table. 
 
 r Scarlet Letter. 
 I Twice-Told Tales. 
 
 f Historyof the United 
 I States. 
 
 Conquest of Mexico. 
 Ferdinand and Isa- 
 bella. 
 
 Rise of the Dutch 
 
 Republic. 
 Life of John of Bar- 
 
 neveldt. 
 
 f Representative Men. 
 I Essays. 
 
 r Biglow Papers. 
 
 I Visionof SirLaunfal. 
 
POWERS GRANTED TO CONGRESS. 125 
 
 collectively form the literature of that country. American 
 literature is the writings of American authors. 
 
 In 1891 Congress, by arrangement with foreign countries, 
 secured the passage of an International Copyright Law, by 
 which American authors could have their works protected 
 in foreign countries, and, in return, foreigners could secure 
 copyrights in the United States. 
 
 Patents. — A patent is an exclusive right to an invention 
 or an improvement of an invention. Patents are secured 
 from the Commissioner of Patents at Washington, D. C. 
 A plan or model of the machine, together with fifteen 
 dollars, must be sent to the Patent-Office. A search is then 
 made through the records to see whether such an invention 
 has already been patented. If it has been, the fifteen 
 dollars paid is not refunded, but if no such article has been 
 patented, a patent is granted on the payment of twenty 
 dollars more. This gives the inventor the exclusive right 
 to his invention for a period of seventeen years. At the 
 expiration of this time it cannot be renewed. 
 
 Patents and copyrights may be sold to other persons. 
 At the expiration of a copyright or patent any one may 
 publish the writing or manufacture the machine. 
 
 We have good reason to be proud of our country in the 
 line of inventions. America has given to the world some 
 of the greatest time- and labor-saving machines. Since 
 the beginning of our government there have been issued 
 over three hundred thousand patents. To this list there 
 are being added annually not less than twenty thousand 
 patents. 
 
 A few of the many inventions made in the United States 
 are contained in the following table, which also shows the 
 name of the inventor and the date of the invention : 
 
126 
 
 CIVIL GOVERNMENT. 
 
 Invention. 
 
 Fireplace and Lightning-rod 
 
 Kail Machine 
 
 Cotton Gin 
 
 Steam Dredge 
 
 Steamboat 
 
 McCormick's Keaper . . . 
 
 Screw Propeller 
 
 Magnetic Telegraph .... 
 
 Kubber Goods 
 
 Sewing-machine 
 
 Printing-press 
 
 Iron-clad War-ships .... 
 
 Submarine Cable 
 
 Electric Light 
 
 Telephone 
 
 Phonograph 
 
 Inventor. 
 
 Benjamin Franklin. 
 Jacob Perkins. 
 Eli Whitney. 
 Oliver Evans. 
 Eobert Fulton. 
 Cyrus McCormick. 
 John Ericsson. 
 Samuel F. B. Morse. 
 Charles Goodyear. 
 Elias Howe. 
 Kichard Hoe. 
 John Ericsson. 
 Cyrus Field. 
 Thomas A. Edison. 
 Alex. Graham Bell. 
 Thomas A. Edison. 
 
 Year. 
 
 1742 and 1760 
 
 1790 
 
 1793 
 
 1803 
 ~ 1807 
 
 1834 
 
 1836 
 
 1844 
 
 1844 
 
 1846 
 
 1847 
 
 1863 
 1858 and 1866 
 
 1876 
 
 1876 
 
 1877 
 
 Promotion of Science. — Congress shows its interest in 
 science and the useful arts by encouraging, from time to time, 
 the holding of large fairs, where different articles from the 
 various States and countries are exhibited. Large sums of 
 money are appropriated by Congress for this purpose. 
 
 1. Crystal Palace, Kew York, 1853. 
 
 2. Centennial, Philadelphia, 1876. 
 
 3. Cotton Centennial, New Orleans, 1884. 
 
 4. World's Fair, Chicago, 1893. 
 
 5. Omaha Exposition, Omaha, 1898. 
 
 6. National Export Exposition, Philadelphia, 1899. 
 
 The Smithsonian Institution. — Congress further shows 
 its interest in science by making appropriations to the 
 Smithsonian Institution. This is located in Washington, 
 D. C. 
 
 Exhibitions in 
 United States. 
 
POWERS GRANTED TO CONGRESS. 
 
 127 
 
 It was organized in accordance with the terms of the will 
 of James Smithson, an Englishman, who left five hundred 
 thousand dollars to the United States for the purpose. It 
 was accepted by the government in 1846, when an act was 
 passed which provided for the carrying out of the provisions 
 of the will. 
 
 In this building are rooms containing excellent specimens 
 of various objects, — such as minerals, plants, and works of 
 art. Investigations in science are carried on, the results of 
 which are printed and distributed throughout the world. 
 The building also contains libraries, lecture-rooms, and 
 laboratories. 
 
 Inferior Tribunals. 
 9. To constitute tribunals inferior to the Supreme Oourt. 
 
 Inferior Courts. — A tribunal is a court of justice ; a place 
 where the laws of the country are explained ; where crimi- 
 nals are tried and punished. 
 
 When the Constitution was made it provided for one 
 Supreme Court. It was impossible to see into the future, 
 hence, when the business of the country requires it. Con- 
 gress is given the power to establish additional courts. At 
 this time one Supreme Court would be entirely insufficient 
 to deal with all cases that arise in the several States. The 
 Supreme Court is the highest. Lower courts have been 
 established to try the minor cases and thus prevent too 
 many cases being taken to the Supreme Court. 
 
 Oo\u*ts of the United States. 
 
 Supreme Court, 1. 
 
 Circuit Courts, 9. 
 
 District Courts, 65. 
 
 Court of District of Columbia, 1. 
 
 Court of Claims, 1. 
 
 6. Court for each Territory, 3. 
 
128 CIVIL GOVERNMENT. 
 
 Piracies, Felonies, etc. 
 
 10. To ideflne and punish piracies and felonies conunitted 
 on the high seas, and offences against the La-w of Nations. 
 
 Piracy and Felony. — Piracy is the act of plundering 
 vessels at sea. Felony is any crime of a serious nature. 
 
 Piracy can only be committed on the sea, but felony may 
 be committed both on land and sea. Felony is not a special 
 crime but the class name of many crimes, — such as murder, 
 burglary, arson, perjury, and forgery. When crimes are 
 committed on land, it is easy to say where the person or 
 persons shall be tried and punished. When a crime is not 
 committed on land. Congress alone has the power to say 
 where the trial shall be held and what punishment shall 
 be inflicted. The punishment for piracy is death. 
 
 From 1700 to 1800 piracy flourished in different parts 
 of the world. As late as 1804 the rulers of Tripoli and 
 the other Barbary States engaged in this nefarious business. 
 They maintained vessels which sailed on the Mediterranean 
 Sea and demanded tribute from other vessels. If tribute 
 were not paid, the vessel was taken and the crew sold as 
 slaves. In 1804 the United States declared war against 
 Tripoli, and in a short time the Mediterranean was freed 
 from these destroyers of commerce. 
 
 Law of Nations is a body of laws agreed to by civilized 
 nations on certain subjects. If offences against these laws 
 could not be punished they might as well be repealed. 
 Each nation agreeing to the Law of Nations is responsible for 
 its enforcement. 
 
 War— Marque and Reprisal. 
 
 11. To declare war, grant letters of marque and reprisal, 
 and make rules concerning captures on land and water. 
 
 "War. — A declaration of war is a resolution, passed by 
 Congress and signed by the President, stating that war 
 
POWERS GRANTED TO CONGRESS. 129 
 
 exists between this country and some other. A declaration 
 of war is not necessary to begin hostilities. Sometimes the 
 relations between two countries are greatly strained. The 
 people on either side are so excited that they commit some 
 act which is really an insult to the other nation. In such 
 cases the flag is insulted, mobs rush on the residence of the 
 consul and attempt to destroy it, and frequently the con- 
 sul is personally insulted. At other times, the cause may 
 be with the government. The minister from the opposing 
 country is given his passports, which is but another sign 
 that the countries are about to begin war. 
 
 At the beginning of the nineteenth century France was 
 engaged in a war with England. The French seized many 
 American merchant vessels, and the cargoes and ships 
 were used for the benefit of France. In after-years a 
 claim was made by the United States against France to 
 repair the damage. The French promised to pay the United 
 States five million dollars. Up to Jackson's administra- 
 tion this promise had not been kept, and Jackson asked 
 Congress to authorize the seizure of French ships to make 
 up the amount. Before this scheme could be resorted to 
 the amount was paid. Had Jackson's recommendation 
 been carried out, war would have been the result, and a 
 formal declaration of war would have been useless. 
 
 A declaration of war may contain the reasons why a war 
 is about to begin, or it serves to give notice to other countries 
 that a state of war exists between or among certain nations. 
 
 Declaration of the War of 1812. 
 ** Be it enacted, that war be, and the same is hereby, declared to 
 exist, between the United Kingdom of Great Britain and Ireland, and 
 the dependencies thereof, and the United States of America and their 
 Territories ; and that the President of the United States is hereby 
 authorized to use the whole land and naval force of the United States 
 
 9 
 
130 
 
 CIVIL GOVERNMENT. 
 
 to carry the same into effect, and to issue to private armed vessels of 
 the United States commissions or letters of marque and general 
 reprisal, in such form as he shall think proper, and under the seal of 
 the United States, against the vessels, goods, and effects of the gov- 
 ernment of the said United Kingdom of Great Britain and Ireland and 
 the subjects thereof." 
 
 
 In Colonial Times 
 
 : 
 
 
 
 1. Various Indian wars. 
 
 
 2. French and Indian War. 
 
 
 3. Kevolutionary War. 
 
 
 United States "Wars: 
 
 
 War. 
 
 Date. 
 
 Cause. 
 
 Result. 
 
 
 1. War with 
 Tripoli. 
 
 1801- 
 1805 
 
 Attacks by 
 pirates on 
 American 
 commerce. 
 
 Piracy stopped. 
 
 
 2. War of 
 1812. 
 
 1812- 
 1815 
 
 Impressment of 
 American sea- 
 
 Impressment 
 stopped. 
 
 "Wars of 
 
 
 
 men. 
 
 
 Our 
 
 Country. 
 
 3. Mexican 
 War. 
 
 1846- 
 1848 
 
 Annexation of 
 Texas and 
 boundary dis- 
 pute. 
 
 Boundary fixed at 
 Kio Grande. Mex- 
 ico was paid |15,- 
 000,000. 
 
 
 4. Civil War. 
 
 1861- 
 1865 
 
 Nullification. 
 Election of 
 Lincoln. Se- 
 cession of 
 States. Fort 
 Sumter. Slav- 
 ery. 
 
 Union above the 
 State. Led to pas- 
 sage of Thirteenth 
 Amendment, which 
 abolished slavery in 
 the United States 
 and its Territories. 
 
 
 5. War with 
 Spain. 
 
 1898 
 
 Kefusal of Spain 
 to evacuate 
 Cuba. The 
 destruction of 
 the "Maine." 
 Kefusal of 
 Spain to desist 
 
 Cuba, Porto Kico, 
 Guam, Philippine 
 Islands, and Sulu 
 Islands lost by 
 Spain and placed 
 under control of 
 the United States. 
 
 ' 
 
 
 
 from cruel 
 methods of 
 warfare. 
 
 Spain received 
 $20,000,000 for the 
 Philippines. 
 
POWERS GRANTED TO CONGRESS. 131 
 
 Letters of Marque and Reprisal. — ^A letter of marque 
 and reprisal is a written permission from the government 
 to ship-owners allowing them to capture vessels of the 
 enemy. Such commissioned vessels are known as priva- 
 teers. The captured property belongs principally to the 
 owners of the privateers. Suppose you had a strong iron 
 steamer, and war broke out, you could ask for a letter 
 of marque and reprisal, equip your ship with cannon and 
 other arms, and sail the ocean until you met a weaker 
 ship of the enemy, which you could capture and bring 
 into port. 
 
 When many ships receive these letters they really form 
 a second navy of a country, and the commerce of the 
 enemy could be destroyed in a short tiipie by these priva- 
 teers. As each country obtains some of its food products 
 and other supplies from foreign countries, the damage would 
 be great. 
 
 Taking ships by this method is really piracy ; but, as it 
 only occurs in time of war, and as the government grants 
 these letters, the holders, if captured, cannot be hanged or 
 shot as pirates. They must be treated as prisoners of war. 
 
 To have some system in times of war, Congress is given 
 power by the Constitution to make rules as to what shall 
 be done with property and prisoners captured on land by 
 the army and on the sea by the navy and privateers. 
 
 Armies. 
 
 12. To raise and support armies, but no appropriation of 
 money to that use shall be for a longer term than two years. 
 
 Army. — Congress has the power to declare war. To 
 carry on a war an army and navy are necessary, so we 
 find the power to raise and maintain these also delegated 
 to Congress. Large standing armies are necessary in mon- 
 
132 CIVIL GOVERNMENT. 
 
 archies to keep down the people. They are also necessary 
 in countries having large colonial possessions, as these must 
 be guarded to prevent rebellion. To prevent a large stand- 
 ing army no money can be drawn or appropriated by 
 Congress for this purpose for more than two years. 
 
 One-third of the Senate and the entire House of Rep- 
 resentatives are elected every two years. This enables the 
 people to give or refuse their consent to an appropriation 
 for a large standing army by voting for representatives 
 who will carry out the will of their constituents. If the 
 present Congress should say that the army should number 
 two hundred thousand men, and appropriate the money 
 for the support of this number, the army would be very 
 much increased and the expense of supporting it would be 
 great. However, at the end of the terms of the members 
 of Congress the people, if opposed to a large army, could 
 defeat the old members if they were renominated, and 
 choose new representatives who would carry out their 
 wishes. The new members would most likely make a 
 small appropriation for the support of the army, thus 
 causing the number of men in the army to be decreased. 
 
 At present Congress appropriates the money for the 
 army's support every year. 
 
 Military Academy. — The jpower to raise armies carries 
 with it the power to provide for the training of those who 
 are to command them. Without this power the efficiency 
 of the army would be impaired. As early as 1802 the 
 necessity for providing capable officers was seen, and an 
 academy in which they could be trained in the science and 
 art of war was established at West Point, New York. 
 
 Each State and Territory can send as many pupils to the 
 Military Academy as they are entitled to members in the 
 
POWERS GRANTED TO CONGRESS. 133 
 
 House of Representatives. One pupil is allowed the Dis- 
 trict of Columbia. The President has the right to appoint 
 ten pupils from any part of the country. Whenever a 
 vacancy occurs in the Academy, the Representative of the 
 district in which the vacancy occurs selects a new pupil 
 from among the numerous applicants. 
 
 The pupils of the Academy are known as " cadets." 
 The course of study is four years, at the end of which time 
 they are graduated, and receive appointments as officers in 
 the army. 
 
 Navy. 
 13. To provide and maintain a navy. 
 
 Navy. — The navy is the collection of war-ships which a 
 nation needs to protect its fisheries, coast, and commerce. 
 A navy is used where an army cannot go. In war, when 
 the army and navy act together much is accomplished. 
 
 There is no two years' provision under the navy, be- 
 cause a navy is less harmful to a country than a large 
 standing army. The navy, moving continually from place 
 to place, is seldom near home, and, as a rule, is free from 
 political influence. 
 
 Under the navy are included navy-yards, dry-docks, coal- 
 ing stations, and the Naval Academy at Annapolis. The 
 direction of the navy is under the control of the Secretary 
 of the Navy, who is a cabinet officer. 
 
 The navy of the United States has won many notable 
 victories, — viz. : 
 
 Paul Jones, " Bonhomme Richard" and "Serapis," in the Revo- 
 lutionary War. 
 
 Lieutenant Decatur, in the war with Tripoli, 1804. 
 Captain Hull, "Constitution" and "Guerri&re," 1812. 
 Commodore Perry, Lake Erie, 1813. 
 Admirals Farragut and Porter, New Orleans, 1862. 
 
134 CIVIL GOVERNMENT. 
 
 Captain Worden, «* Monitor" and **Merrimac," 1862. 
 Captain Winslow, *'Kearsarge" and *' Alabama," 1864. 
 Admiral Dewey, Manila Bay, 1898. 
 Admirals Sampson and Schley, Santiago, 1898. 
 
 The Naval Academy bears the same relation to the navy 
 as the Military Academy does to the army. It is to pro- 
 vide capable officers to man the vessels of war. The 
 Academy is located at Annapolis, Maryland, and was 
 founded in 1845. Pupils are appointed in the same manner 
 as are those to West Point. The course of study is six 
 years, two of which are spent in sea-practice. At the end 
 of the course some of the graduates receive appointments 
 in the navy. 
 
 Land and Naval Forces. 
 14. To make rules for the government and regulation of 
 the land and naval forces. 
 
 Government of Army and Navy. — The money for the 
 support of the army and navy is drawn from the National 
 Treasury. Both the army and navy are under the control 
 of national officers, hence it is right that Congress should 
 have the power to make rules for their government. 
 
 CaUingr out Militia. 
 16. To provide for calling forth the militia to execute the 
 laws of the Union, suppress insurrections, and repel in- 
 vasions. 
 
 Militia. — The United States, like other nations, is some- 
 times compelled to engage in war. Our country having but 
 a small standing army, it may seem strange how we con- 
 duct a war with such an apparently insufficient number. 
 Many additional men are secured by a system called the 
 " militia," by which each State must furnish in a short time 
 a large number of troops. The militia of all the States 
 forms the National Guard. 
 
POWERS GRANTED TO CONGRESS. 135 
 
 A militiaman is a citizen who during the day works at 
 his vocation but gives several evenings a week to military 
 drill. He is simply a citizen of a State who receives in- 
 struction in the use of weapons and in military tactics. All 
 the militiamen of the States form the militia system. The 
 militia is not a standing army, as its members are not kept 
 from following their occupations. 
 
 Advantages of the Militia System. — 1. Very little money is 
 required to support it, as its members receive no pay unless engaged 
 in actual service. Therefore, while other countries must increase 
 their taxes to support their standing armies, this expense is saved 
 to us, thus making lower taxes possible. 
 
 2. During the different wars it has been found that the militia, al- 
 though not as thoroughly trained as the regulars, are brave soldiers. 
 
 3. In foreign countries, soldiers in the different cities are con- 
 tinually fighting with the citizens. In our country, soldiers are seldom 
 seen, and disputes between them and the citizens are of rare occurrence. 
 
 4. Men in a standing army do very little towards the improve- 
 ment of a country from a commercial stand-point in times of peace. 
 They are really idlers. By the system of militia, thousands of men 
 are also engaged in manufacturing and commerce, in tilling the soil, 
 or are otherwise employed in some useful occupation. 
 
 Comparison of the Militia and the Regular Army.— 
 1. The militia receive no pay ; the regulars receive a fixed monthly 
 salary. 
 
 2. The militia is for the defence of a State, and of the United States 
 when conditions require ; the regulars are United States soldiers. 
 
 3. The regulars are better drilled, but the militia soon improve 
 when in actual service. 
 
 4. The regulars are always ready to act j it requires one or two 
 days to get the militia ready. 
 
 The militia, although they are State soldiers, are under 
 the control of the President and Congress. They may be 
 called into the United States service to : 
 
136 CIVIL GOVERNMENT. 
 
 1. Execute the laws of the Union. 
 
 2. Suppress insurrections. 
 
 3. Repel invasions. 
 
 The militia of the different States have been called upon 
 to execute the laws of the Union upon these occasions : 
 
 Whiskey Rebellion, 1794. 
 War with England, 1812. 
 War with Mexico, 1846. 
 Civil War, 1861-1865. 
 War with Spain, 1898. 
 
 An insurrection is an uprising of people in a State against 
 its authority, and is generally caused by dissatisfaction with 
 some law or laws. 
 
 In 1794 the people of Western Pennsylvania were ex- 
 tensively engaged in the manufacture of whiskey. The 
 government was in urgent need of funds, and Alexander 
 Hamilton proposed a tax on whiskey to increase the revenue 
 of the country. The men in Pennsylvania refused to pay 
 this tax. Washington called out the militia of Pennsylvania, 
 Virginia, and Maryland to suppress the insurrection. When 
 the troops arrived the distillers obeyed the law. 
 
 Org-anizing", arming, and disciplining Militia. 
 
 16. To provide for organizing, arming, and disciplining the 
 militia, and for governing such part of them as may be em- 
 ployed in the service of the United States, reserving to the 
 States respectively the appointment of the oflBcers, and the 
 authority of training the militia according to the discipline 
 prescribed by Congress. 
 
 Militia under Congress. — As the militiamen of the States 
 become, at times, soldiers of the United States, it is very 
 necessary that they should be like the regular army in as 
 many respects as possible. A militia and a regular regiment 
 
POWERS GRANTED TO CONGRESS. 137 
 
 of the United States army might have to act together, and 
 if they understood commands in different ways little im- 
 pression would be made upon the enemy. To secure har- 
 mony between the militia and the army, Congress has con- 
 trol of the organizing, arming, and disciplining of both. 
 Under organization Congress fixes the following : 
 
 1. The number of men in a company. 
 
 2. The number of companies in a regiment. 
 
 3. The number of regiments in a brigade. 
 
 4. The number of brigades in a corps. 
 
 5. The officers for each. 
 
 The militiamen, it must not be forgotten, are State sol- 
 diers ; they become national soldiers only when called upon 
 to perform some service for the government of the United 
 States. Congress makes rules for their training, and the 
 officers train them according to these rules. When the 
 militia is in the national service and an officer dies or re- 
 signs, the Governor of the State from which the militia 
 comes appoints a new man. This is manifestly proper, 
 because the men in the militia regiment generally come 
 from the same district or locality and know each other per- 
 sonally; hence, if the President should appoint a perfect 
 stranger from another part of the country to command 
 them, the men might become dissatisfied. 
 
 Exclusive Legrislation over District of Columbia, etc. 
 17. To exercise exclusive legislation, in all cases -what- 
 soever, over such district (not exceeding ten miles square) 
 as may, by cession of particular States, and the accept- 
 ance of Congress, become the seat of the government of 
 the United States, and to exercise hke authority over all 
 places purchased by the consent of the Legislature of 
 the State in which the same shall be, for the erection of 
 forts, magazines, arsenals, dock-yards, and other needful 
 buildings. 
 
138 CIVIL GOVERNMENT. 
 
 Seat of Government. — ^This clause relates to the place 
 where the Capital of the country may be located. " To 
 exercise exclusive legislation" means that Congress shall 
 have full power to direct the affairs of the land occupied by 
 the Capital. The land occupied by the government must 
 necessarily be in some State. If the State had control over 
 such district laws might be made which would seriously 
 interfere with the free working of the national government. 
 To prevent the authorities of the State from clashing with 
 the authorities of the nation, the control of the district 
 occupied by the government is separated from the State 
 and put in charge of the nation. 
 
 In order that the seat of government of the United States 
 may not occupy too much territory of a State, its area is 
 expressly prohibited from being more than ten miles square, 
 or one hundred square miles in area. 
 
 The District of Columbia is neither a State nor a Territory, 
 but is under the direct supervision of Congress. The people 
 in the District have no representation in Congress, nor do 
 they vote. 
 
 To have the capital of the nation within any State is a 
 great honor, and many States would willingly donate land 
 for this purpose. Any land for this use must be given first 
 by the State to the United States, and then accepted by 
 Congress. The District of Columbia was originally ten 
 miles square, and was situated in Maryland and Virginia. 
 The part ceded by Virginia was returned to that State, so 
 that the present site is only on the Maryland side of the 
 Potomac River. The District of Columbia is only seventy 
 square miles in area. The site of the present city of Wash- 
 ington was selected by the man whose name it bears. In 
 1814 the Capitol was burned by the British, but it was soon 
 rebuilt and made more beautiful. 
 
POWERS GRANTED TO CONGRESS. 139 
 
 CAPITALS OP THE UNITED STATES. 
 
 City. 
 
 State. 
 
 Year. 
 
 Congress. 
 
 1. Philadelphia . 
 
 Pennsylvania. 
 
 1776 
 
 Second Continental Congress. 
 
 2. Baltimore . . 
 
 Maryland. 
 
 1776 
 
 Second Continental Congress. 
 
 3. Philadelphia . 
 
 Pennsylvania. 
 
 1777 
 
 Second Continental Congress. 
 
 4. Lancaster . . 
 
 Pennsylvania. 
 
 1777 
 
 Second Continental Congress. 
 
 5. York .... 
 
 Pennsylvania. 
 
 1777 
 
 Second Continental Congress. 
 
 6. Philadelphia . 
 
 Pennsylvania. 
 
 1778 
 
 Second Continental Congress. 
 
 7. Princeton . . 
 
 New Jersey. 
 
 1783 
 
 Second Continental Congress. 
 
 8. Annapolis . . 
 
 Maryland. 
 
 1783 
 
 Second Continental Congress. 
 
 9. Trenton . . . 
 
 New Jersey. 
 
 1784 
 
 Second Continental Congress. 
 
 10. New York . . 
 
 New York. 
 
 1785- 
 1790 
 
 National Congress. 
 
 11. Philadelphia . 
 
 Pennsylvania. 
 
 1791- 
 1800 
 
 National Congress. 
 
 12. Washington . 
 
 District of 
 Columbia. 
 
 1800- 
 
 National Congress. 
 
 Two things are necessary to acquire land for national 
 purposes in any State, — namely : 
 
 1. The consent of the Legislature of the State. 
 
 2. The consent of Congress. 
 
 For its various purposes Congress frequently buys land 
 in the different States. Such land is needed for : 
 
 1. Forts. 
 
 2. Arsenals. 
 
 3. Dock-yards. 
 
 4. Post-offices. 
 
 5. Custom-houses. 
 
 6. Public parks. 
 
 7. Mints. 
 
140 CIVIL GOVERNMENT. 
 
 The land bought by Congress becomes United States 
 property. All disputes about such land and all crimes 
 committed within its boundaries must be tried in the United 
 States courts. 
 
 The restriction of territory to one hundred square miles 
 relates only to the seat of government. Congress may pur- 
 chase larger tracts of land than this for other purposes. 
 The Yellowstone Park belongs to the government of the 
 United States, and contains about three thousand five hun- 
 dred and seventy-five square miles. This is under the 
 control of the Secretary of the Interior. 
 
 A fort is a strengthened place supplied with heavy arms. 
 It is generally situated at the entrance of a city for its pro- 
 tection. 
 
 An arsenal is a place where ammunition and arms are 
 manufactured and stored. 
 
 A dock-yard is a place located in a harbor. It is used as 
 a station for war-ships. 
 
 A post-office is a place where mail matter is received and 
 assorted for delivery. 
 
 A custom-house is an office where taxes levied upon 
 foreign or domestic goods are payable. 
 
 A public park is a large tract of land set apart for the use 
 of the people. These places are bought either for historical 
 interest or for their natural beauty ; for instance, Chicka- 
 mauga and Gettysburg for their historical value and Yellow- 
 stone Park for its beauty. 
 
 A mint is a building where the coin of the country is 
 manufactured. Philadelphia, San Francisco, New Orleans, 
 and Carson City have mints. 
 
 Power given to enforce Constitution. 
 18. To make all laws which shall be necessary and proper 
 for carrying into execution the foregoing powers, and all 
 
POWERS GRANTED TO CONGRESS. 141 
 
 other po"w^ers vested by this Constitution in the govern- 
 ment of the United States, or in any department or oflQcer 
 thereof. 
 
 Congress and the Enforcement of the Constitution. — 
 The principal reason why the Articles of Confederation 
 were a failure was that Congress had absolutely no power 
 to compel the people of the country to obey the laws made 
 by it. A right to do anything without power for its execu- 
 tion really amounts to nothing. Had this clause been in 
 the Articles, possibly the necessity for a new form of gov- 
 ernment would not have been so greatly needed. The 
 Articles with this addition would have been much better, 
 and might have governed the States for many years longer. 
 
 Under the preceding seventeen clauses Congress is em- 
 powered to perform different functions, and to make no 
 mistake in regard to these, this clause is especially placed in 
 the Constitution. It is simply a repetition of the different 
 powers. 
 
 The clause has been called the '* elastic or sweeping 
 clause," because it can be extended to almost anything. 
 When Hamilton attempted to establish a national bank in 
 1791 and proposed his funding system many people ob- 
 jected, saying that the right to establish these was nowhere 
 mentioned in the Constitution. Hamilton quoted this 
 clause. In no part of the Constitution is Congress given 
 the right to purchase territory, yet under this clause the 
 following tracts came under the jurisdiction of the govern- 
 ment : 
 
 1. Louisiana, bought by Jefferson, 1803. 
 
 2. Florida, secured in 1819. 
 
 3. Part of Mexico, purchased by Gadsden, 1853. 
 
 4. Alaska, bought in 1867. 
 
 6. Philippines, acquired in 1898. 
 
142 CIVIL GOVERNMENT. 
 
 The clause means that for the purpose of executing the 
 different powers granted to it by the Constitution, Congress 
 may have the authority to pass any law. It also means 
 that Congress may do anything that will promote the gen- 
 eral welfare of the country. 
 
 SUMMAKY. 
 
 1. The various subjects on which Congress may make laws are 
 mentioned in the Constitution. 
 
 2. Taxes are needed in every country to raise money to defray its 
 expenses. In the United States all taxes must be uniform. 
 
 3. Congress has power to borrow money, to regulate commerce, to 
 establish post-offices, to grant patents and copyrights. 
 
 4. Many foreigners come to our shores with the intention of be- 
 coming permanent residents. They should have the same political 
 rights as our own people. To have these they must be naturaUzed. 
 Naturalization is under the control of Congress. 
 
 5. One kind of money is desirable for all parts of the same country. 
 To secure uniformity the power to coin money is delegated to Congress. 
 If any one else coins money he does so without authority, and com- 
 mits a crime known as counterfeiting. 
 
 6. Whenever the business of the United States courts becomes so 
 great as to require assistance, other courts may be established by Con- 
 gress. 
 
 7. Crimes committed on sea shall be punished as well as those per- 
 petrated on land. This is provided for by the power given to Congress 
 to punish piracies and felonies. 
 
 8. All matters pertaining to war are in the hands of Congress : 
 declaring war, granting letters of marque and reprisal, making rules 
 concerning captures, raising armies, providing for a navy, calling out 
 the militia, and providing for the organization and discipline of the 
 militia. 
 
 9. United States property and territory are under the control of 
 Congress. 
 
 10. To make laws and not have power to execute them is useless, as 
 they will not be obeyed. All power necessary to execute a law is pos- 
 sessed by Congress. 
 
POWERS GRANTED TO CONGRESS. 143 
 
 QUESTIONS. 
 
 1. What is taxation? Why is proper taxation just? 
 
 2. The United States once had a war with England over taxation. 
 Why were we right in fighting ? 
 
 3. Write the names of the different kinds of taxes. 
 
 4. What is duty ? Name the varieties. 
 
 5. Explain the derivation of the word ♦* tarifT." 
 
 6. Write a brief description of the various troubles which were due 
 to taxes and taxation. 
 
 7. What does the Constitution say about borrowing money, com- 
 merce, naturalization, and bankruptcy? 
 
 8. Explain an advantage and a disadvantage of immigration. 
 
 9. In what way is naturalization beneficial, and how is it harmful ? 
 
 10. Give the clauses pertaining to money, counterfeiting, and post- 
 offices. 
 
 11. The makers of the Constitution made great efforts to have cer- 
 tain matters uniform. Take money as an illustration and show the 
 benefits derived from uniformity on this subject. 
 
 12. Explain ad valorem duty, tariff, nullification, commerce, coin, 
 naturalization. 
 
 13. In what manner do patents and copyrights promote ' ' the prog- 
 ress of science and the useful arts" ? 
 
 14. What power has Congress over tribunals ? 
 
 16. Why should Congress have the power to declare war ? 
 
 16. What is a declaration of war? 
 
 17. Of what advantage to a nation is it to issue letters of marque 
 and reprisal ? 
 
 18. If Congress has power to declare war, what other powers neces- 
 sary to carry on a war should be given to that body ? 
 
 19. Militia: (a) What is meant by the term? (b) What are the 
 advantages derived from a militia system? (c) Make a comparison 
 with the regular army, (d) On what occasions has it been called 
 into service ? (e) What power has Congress over it ? (/) What power 
 has the State over it ? 
 
 20. What power has Congress over government property ? 
 
 21. Of all the powers of Congress give the most important one. 
 
 22. Explain literature, tribunal, felony, militia, capital, piracy. 
 
CHAPTER X. 
 
 PCWERS DENIED TO CONGRESS AND TO THE 
 STATES. 
 
 Limitation of the Powers— Migration of Slaves. 
 
 Sec. IX. 1. The migration or importation of such persons 
 as any of the States no"w 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. 
 
 What Congress cannot do. — We have just studied the 
 different subjects upon which Congress can make laws. 
 There are some subjects, however, which, if laws were 
 made regarding them, would be injurious to the people. 
 Our country is very different from a monarchy, and laws 
 which would be for the benefit of the latter would be 
 harmful to the former. In order that the rights of the 
 people shall be protected the Constitution prescribes some 
 questions over which Congress has no power. 
 
 Slave-Trade. — The word slavery is mentioned but twice 
 in the Constitution. It was considered disgraceful to have 
 slavery in a civilized country, hence the use of the word 
 " slavery" was avoided. " Such persons" in this clause is 
 the manner in which the makers of the Constitution referred 
 to slaves. 
 
 The " migration or importation" means the bringing in 
 and selling of slaves. The slave-trade which was begun in 
 1620 could be carried on without interference by Congress 
 
 144 
 
POWERS DENIED CONGRESS AND STATES. 145 
 
 until the year 1808. This does not infer that slavery should 
 cease in the United States, but simply the bringing in of 
 slaves from foreign countries could be stopped in 1808. A 
 tax, however, of any amount of money not exceeding ten 
 dollars for each slave brought into the country, could be 
 laid while the slave-trade continued. When it ceased to 
 exist the tax also ceased. 
 
 In the Convention of 1787 the question of slavery was 
 very much discussed. The delegates from the Southern 
 States said that the Constitution would not be ratified by 
 their States unless slavery was permitted to exist. In order 
 to secure their support a compromise was effected, allowing 
 the slave-trade to continue until 1808. 
 
 In accordance with this clause. Congress, in 1807, passed 
 a bill which became a law stating that at the beginning of the 
 year 1808 slave traffic must cease. Slavery having been 
 entirely abolished as a result of the Civil War and the 
 Thirteenth Amendment, this clause is no longer operative, 
 and at present it is of no particular value as a part of the 
 Constitution. A knowledge of it is useful only from an 
 historical stand-point. 
 
 Habeas Corpus. 
 
 2. The privilegre of the writ of habeas corpus shall not bo 
 suspended, unless when in cases of rebellion or invasion 
 the public safety may require it. 
 
 Habeas Corpus. — Many parts of the Constitution are 
 copied after the laws of England. This is to be expected, 
 as most of the early inhabitants came from England, bring- 
 ing with them their English customs, manners, language, 
 and laws. Most of these laws, of course, have undergone 
 much change to suit the conditions of the new country. 
 Some, however, have been copied exactly. Among these 
 
 10 
 
146 CIVIL GOVERNMENT. 
 
 is the writ of habeas corpus^ which was passed by the Eng- 
 lish Pariiament in 1679. 
 
 This writ is an order from a judge given to a friend of a 
 person charged with a crime. The writ is served upon the 
 person who has the prisoner under his charge. It orders 
 him to produce the body or prisoner in court. The judge 
 after hearing the case decides whether the prisoner is de- 
 prived of his liberty for sufficient reason. If there be suffi- 
 cient cause the prisoner is sent back to prison to await his 
 trial, but if the cause be insufficient he is set at liberty. 
 The judge does not attempt to find out whether the person 
 is guilty or innocent, but simply decides whether the evi- 
 dence against the person is strong enough to warrant his 
 detention in prison. 
 
 The object of this clause is to protect people from unjust 
 imprisonment. In England at one time people were fre- 
 quently arrested and sent to prison without knowing the 
 reason for their imprisonment. These persons had no 
 remedy, but were compelled to await the pleasure of the 
 king. 
 
 This is such an important right in our country that it 
 can never be refused except in two cases. In case of a 
 rebellion or an invasion the country might have so many 
 enemies within its territory as to cause its ruin. The 
 enemies might be arrested, but sufficient evidence might 
 not be at hand in so short a time to convict them ; so that 
 these persons could by a writ of habeas corpus obtain their 
 liberty and commence the evil work again. In such cases, 
 in times of public danger and excitement. Congress and the 
 President can refuse to grant these writs. However, when 
 the danger is removed, they must again be issued. In 1863 
 President Lincoln, with the consent of Congress, suspended 
 the writ. 
 
POWERS DENIED CONGRESS AND STATES. 147 
 
 Example of a Writ of Habeas Corpus Case. — John 
 Walker, who was recently arrested and committed to prison, 
 was released by Judge Jones as a result of a writ of habeas 
 corpus. The testimony showed that Walker had been ar- 
 rested on a street-car by a detective. A watch had been 
 stolen from a passenger. The detective thought that be- 
 cause Walker was near the person whose watch was taken 
 he must be the guilty person. There being no evidence 
 at hand to show that Walker committed the crime or even 
 thought of committing it, he was discharged. 
 
 BUls of Attainder and Ex Post Facto Laws prohibited. 
 
 3. No bill of attainder or ex post facto law shall be 
 passed. 
 
 Attainder. — A bill of attainder is an act of a Legislature 
 condemning a person to death without a trial. Attaint 
 means to stain or disgrace. A person against whom such 
 a bill was passed in olden times was said to be attainted or 
 disgraced. All the property of the victim went to the 
 treasury of the king, thus preventing the victim's relatives 
 from inheriting any of his money or property. 
 
 This power in the hands of dishonest men could be fear- 
 fully abused. For the sake of increasing the money in the 
 Treasury, any rich man for supposed crime would be likely 
 to lose his life without even having an opportunity to defend 
 himself. This is so unjust that Congress is forbidden to 
 pass such a bill. 
 
 An ex post facto law is one which changes a law that 
 already exists, making : 
 
 1. An act a crime which was not a crime when committed, or, 
 
 2. Increasing the punishment attached to a crime. 
 
148 CIVIL GOVERNMENT. 
 
 For robbing the United States mail Congress fixes a cer- 
 tain punishment, — two years' imprisonment. A man com- 
 mits this crime on January 8 and is tried for the offence on 
 January 25. The Congress which is in session passes a 
 bill which becomes a law on January 10. This new law 
 says that one found guilty of committing such an act should 
 be sentenced to four years' imprisonment. The man is 
 found guilty of the offence. Which punishment should he 
 receive, two or four years ? Four years' punishment would 
 be ex post facto, as it was not the punishment which was in 
 force when the crime was committed, and therefore the 
 imposition of such a punishment would be very unjust. 
 
 In Philadelphia several years ago wagons and vehicles of 
 every description were allowed to travel in any direction 
 and on either side of the street. This led to frequent col- 
 hsions and loss of life. A law requiring all vehicles to 
 travel on the right side only, and fixing a penalty for its 
 violation, was enacted. Suppose, now, a policeman of that 
 city remembered that a certain man a week before the law 
 was made had driven on the left side of the street. Could 
 he be punished ? Certainly not. It would be ea;jpos^/ac^o, 
 — i.e., it would be making an act a crime which was not a 
 crime when committed. 
 
 Congress is not allowed to pass any ex post facto laws. 
 
 Capitation and Other Direct Taxes. 
 
 4. No capitation or other direct tax shall be laid, unless 
 in proportion to the census or enumeration hereinbefore 
 directed to be taken. 
 
 Method of laying Direct Taxes. — A direct tax is one 
 laid directly upon the people, such as a poll tax or a prop- 
 erty tax. " Capitation" means so much per head ; it is a 
 direct tax, — a certain sum being laid on each person. 
 
POWERS DENIED CONGRESS AND STATES. 149 
 
 Census and enumeration in this clause have the same 
 meaning as in Article I., Section 2, Clause 3, in which Con- 
 gress is compelled to take the population of all States every 
 ten years. 
 
 Taxes are burdensome to the people, hence great care 
 must be taken in deciding the manner in which they are 
 laid. They must be equal. When one person is compelled 
 to pay more for the support of the government than another, 
 dissatisfaction is caused. Should this become wide-spread, 
 the government would fmd some difficulty in suppressing 
 it. In laying direct taxes one great object is desired, — they 
 should be the same in all States. This end is secured by 
 laying such taxes according to population. As Pennsylvania 
 contains many more people than Maryland, more money 
 would be received from the former State than from the latter. 
 
 Exports not to be taxed. 
 
 6. No tax or duty shall be laid on articles exported from 
 
 any State. 
 
 No Preference to be g-iven to Ports of any State. 
 
 6. No preference shall be given by any regulation of com- 
 merce 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. 
 
 Tax on Exports. — One way of obtaining money is by 
 taxing imports, or the goods brought into a country. Ex- 
 ports are goods sent out of the country. No tax can be 
 laid on articles exported from any State, because : 
 
 1. It might injure the commerce of the State. 
 
 2. It would be difficult to fix the tax. 
 
 The products and manufactures of the States depend on 
 various circumstances, — viz., on their location, upon the 
 climate, on the soil, on the people, on ships, railroads, and 
 
150 CIVIL GOVERNMENT. 
 
 means of communication. These conditions are not the 
 same in all States, but vary in each one. Because of these 
 vast differences, each State is unlike the others in regard to 
 products and manufactures. Four States are selected to 
 show this : 
 
 Maine. — Lumber and ice. 
 
 New York. — Manufactures and commerce. 
 
 California. — Fruits and gold. 
 
 Georgia. — Agriculture. 
 
 Each State having different products, it would certainly 
 be a very difficult task for Congress to fix a just tax on 
 the several articles. If the tax were ten cents a pound on 
 cotton, what should it be on lumber, ice, or gold? This 
 would be a perplexing problem, and impossible of adjust- 
 ment. 
 
 Some States in the interior, like Kentucky, Iowa, Arkan- 
 sas, Idaho, or Colorado, have little commerce and export few 
 articles, hence the people in these States would pay little or 
 no export tax, while States like Massachusetts, New York, 
 Pennsylvania, Maryland, and Georgia, which export a vast 
 quantity of goods, would really pay the larger part of such 
 a tax. 
 
 For these reasons no export duty can be laid by Congress. 
 
 Commerce and Seaports. — " A regulation of commerce 
 or* revenue" is a law dealing with commerce or taxation. 
 Laws are made on many subjects. They are sometimes 
 given names from the subjects with which they deal. 
 Requiring vessels to have life-preservers on board would be 
 a regulation or law of commerce. A tax of ten per cent, 
 ad valorem on diamonds would be a regulation of revenue. 
 
 This clause requires Congress to treat every seaport alike, 
 and thus prevents the giving to one port an advantage over 
 
POWERS DENIED CONGRESS AND STATES. 151 
 
 another. An example of a violation of this clause would 
 be the following : New York and Philadelphia both import 
 large quantities of raw sugar. On this sugar there is a tax. 
 Suppose Congress should say that all vessels entering the 
 port of New York shall pay a tax of eight cents a pound 
 and those entering Philadelphia four cents a pound. From 
 this it can be seen that as soon as such a bill became 
 a law, all vessels engaged in the sugar trade would come to 
 Philadelphia for the purpose of saving the four cents addi- 
 tional tax. As one vessel will carry thousands of tons, 
 the saving of money by going to Philadelphia would be 
 enormous. The result would be an increase in Philadel- 
 phia's sugar trade, and probably a total destruction of that 
 of New York. 
 
 When a vessel leaves port, certain papers, known as 
 " clearance papers," are given to the captain by the custom- 
 house officers of the port. The papers give a variety of 
 information about the vessel, — the name of the captain, the 
 capacity, the place of destination, and the number of men. 
 When the vessel receives these papers she leaves port, and 
 is said to clear it. When the vessel arrives at the port of 
 destination the papers are given to the custom-house offi- 
 cers of that port. Duties are paid, and if the vessel is pre- 
 pared to depart new clearance papers are granted to the 
 captain. No vessel can depart from port without these 
 papers. 
 
 Congress cannot direct the course of vessels at sea. A 
 vessel is bound for. Boston from Rio Janeiro. This vessel 
 would take the shortest route and thus save time and money. 
 Suppose Congress should say that the vessel must enter 
 Philadelphia, pay duties there, and clear for Boston. Such 
 a course would be an absolute waste of three or four days 
 in coming up the Delaware River and returning to the sea, 
 
152 CIVIL GOVERNMENT. 
 
 and would not amount to anything but a loss of time and 
 money. 
 
 During colonial days, this unwise policy was forced upon 
 the Colonies by England. All commerce was carried on by 
 English ships and through English ports. 
 
 Whenever it is seen that a mistake has been made, it is 
 always to the interest of all concerned that an examination be 
 made of the causes. If we do not profit by our mistakes and 
 those of others we will make no progress. This English 
 custom was dropped when the time came to adopt a new 
 body of laws for the country. 
 
 Money, ho^w drawn from Treasury— Financial Statements to be 
 
 published. 
 
 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 public money shall be published from time to time. 
 
 Appropriations. — Treasury. — Receipts are the various 
 amounts of money which are received by the government 
 from different sources. 
 
 Expenditures are the amounts paid out of the Treasury 
 for the expenses of the government. 
 
 All money is placed in the Treasury of the United States, 
 and is in charge of the Secretary of the Treasury, who is 
 a cabinet officer. 
 
 To make government officers careful and responsible 
 for the use of the money two conditions are imposed on 
 them, — viz. : 
 
 1. No money can be drawn from the Treasury except by appro- 
 priation. 
 
 2. A statement of the condition of the Treasury must be given from 
 time to time. 
 
POWERS DENIED CONGRESS AND STATES. 153 
 
 An Appropriation Bill is one which is passed by Con- 
 gress and becomes a law saying that a fixed sum of money 
 is to be taken from the Treasury, and naming the purpose 
 for which it is to be expended. For instance, if it were the 
 desire of Congress to construct a war-ship to cost three 
 milHon dollars, it would be necessary to prepare a bill and 
 have it passed by both houses and signed by the President. 
 
 If the houses were very extravagant, the President could 
 easily guard the people's money by vetoing all such bills. 
 
 Every month a statement showing the condition of the 
 Treasury is issued. In it are found the amounts received, 
 the sums expended, and the surplus on hand. The amount 
 of money remaining after the expenses have been deducted 
 is known as the surplus. 
 
 This statement is published in the newspapers, and the 
 people know whether too much money has been expended 
 and whether their representatives have been thrifty or ex- 
 travagant. 
 
 A daily statement of the finances is also issued. 
 
 Titles of Nobility not to be granted— Acceptance by Government 
 Ofiacers of Favors from Foreign Powers. 
 
 8. No title of nobility shall be granted by the United States ; 
 and no person holding any oflBce of profit or trust under 
 them shall, without the consent of the Congress, accept of 
 any present, emolument, oflBce, or title of any kind what- 
 ever, from any king, prince, or foreign State. 
 
 Titles. — In many countries the inhabitants are divided 
 into classes to show that one is superior to the others. 
 These classes have different names or titles to distinguish 
 them. Some titles are lord, earl, duke, sir, and viscount. 
 
 In the United States, people are all equal in the eyes of 
 the law. Ambition, however, is not cast aside. People 
 
154 CIVIL GOVERNMENT. 
 
 elevate themselves above their neighbors. One v^rho by 
 thrift, judgment, and soberness earns wealth and position 
 in the community is certainly higher in the scale of life 
 than an indolent person. No classes, however, are marked, 
 and ho titles are given in the United States. 
 
 In 1789 the name by which the President was to be 
 known was a matter of dispute. The United States Senate 
 wished him to be known as " His Highness the President 
 of the United States and Protector of their Liberties," but 
 the people disliked such titles, and he was simply called 
 " The President" or " Mr. President." The manners of the 
 people were so plain that Jefferson is said to have ridden to 
 the capital on horseback. 
 
 An office of profit is a position under the government, the 
 holder of which receives a certain sum of money for the 
 work done by him. 
 
 An office of trust is a position filled by a person who re- 
 ceives pay for his duties, but the responsibilities are greater 
 than an office of profit. The office of Secretary of the 
 Treasury is a position of trust, greater qualifications being 
 required than for other offices. The Secretary of the 
 Treasury receives a yearly salary, which would make the 
 place an office of profit besides being one of trust. 
 
 An office of honor is one in which the occupant receives 
 no remuneration. The honor of serving the government 
 is seldom refused by any one. 
 
 Presents. — ^A citizen holding an office of profit or trust 
 under the United States cannot accept a present from any 
 one unless the consent of Congress is secured. Illustration : 
 Mr. Black, who is a physician, is ambassador of the United 
 States to China. While in that country he discovers a 
 method for curing a disease which is prevalent at the time. 
 
POWERS DENIED CONGRESS AND STATES. 155 
 
 The Emperor of China, to show his regard for him, presents 
 him with a large sum of money. Dr. Black, holding a posi- 
 tion under the United States government, is forbidden by 
 the Constitution to accept the gift unless Congress gives him 
 permission to do so. The service performed was a good 
 one, and no doubt the consent of both houses could easily 
 be secured. There might be other cases, however, in which 
 a sum of money or some other gift might be given as pay 
 for some wrong action. Illustration : The duty on certain 
 articles exported from Germany to this country is very high. 
 This results in the raising of the price of these articles, and 
 consequently less are used. The commerce in such articles 
 is brought to a standstill. Germany could offer several 
 Senators and Representatives large sums of money to have 
 the duties lowered. In this way harm would result. The 
 government pays its men a sufficient salary, and there ap- 
 pears to be no need for them to accept more from any other 
 country. Of course, a citizen not an office-holder can 
 accept presents from foreign countries without any one's 
 approval but his own. 
 
 Limitations of the Powers of Individual States. 
 
 Sec. X. 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 pajrment of debts ; pass any bill 
 of attainder, ex post facto law, or law impairing the obliga- 
 tion of contracts, or grant any title of nobility. 
 
 Powers denied to the States. — We have studied the 
 powers granted and those denied to Congress. The powers 
 granted to the States are not mentioned, but those denied 
 to them are. Under the Articles of Confederation, the 
 powers were not placed under the three heads, — viz. : 
 
156 
 
 CIVIL GOVERNMENT. 
 
 1. Those granted to Congress. 
 
 2. Those denied to the United States. 
 
 3. Those denied to the States. 
 
 This led to some doubt as to which body had the legal 
 authority in certain cases. Where all the powers are 
 specifically enumerated and placed into classes this doubt 
 is dispelled. Many of the powers denied to the United 
 States are also denied to the States. The following table 
 illustrates some powers granted to Congress but denied to 
 the individual States, and some which are denied to both : 
 
 Power. 
 
 United States. 
 
 States. 
 
 To grant letters of marque and reprisal 
 
 To coin money 
 
 To raise troops 
 
 To pass a bill of attainder 
 
 To pass an ga;j90s^/ac^o law 
 
 To give titles 
 
 Granted. 
 
 Granted. 
 
 Granted. 
 
 Denied. 
 
 Denied. 
 
 Denied. 
 
 Denied. 
 Denied. 
 Denied. 
 Denied. 
 Denied. 
 Denied. 
 
 The reasons for specifying these powers as granted or 
 denied to the United States or denied to the States are : 
 
 1. To secure uniformity in legislation. 
 
 2. To prevent continual disputes between the Legislative Depart- 
 ments of the nation and State. 
 
 3. To prevent a State exercising a harmful power. 
 
 Various Powers denied. — A treaty is an agreement be- 
 tween two or more nations regarding a disputed matter. 
 The purpose of a treaty may be : 
 
POWERS DENIED CONGRESS AND STATES. 157 
 
 1. To close a war. 
 
 2. To fix boundaries. 
 
 3. To settle commercial disputes, as fisheries. 
 
 4. To effect the return of escaped criminals. 
 
 An alliance is a union of several States or countries to 
 secure some advantage to all. Alliances are generally made 
 for commercial purposes. 
 
 A confederacy is a union of several States for the pur- 
 pose of defending themselves against a common enemy. 
 
 No State can make a treaty, enter into an alliance, or form 
 a part of a confederation. These powers are granted to 
 the national government, but, in order to prevent needless 
 disputes, are denied the States. A State might make 
 a treaty with some other country and not obey its pro- 
 visions ; the United States consequently might become 
 involved in a dispute with another nation because of 
 this. 
 
 Since the United States government has the power to 
 declare war, the right to grant letters of marque and re- 
 prisal should be in the hands of no other power. The 
 State is denied this right. 
 
 To prevent the existence of many different kinds of coin 
 and paper money, no State can coin money or emit bills of 
 credit. 
 
 Emit means to issue or send out. Bills of credit are 
 paper money. 
 
 Coin always has a real value. When there is but a small 
 amount of gold or silver in the Treasury the value of paper 
 money may depreciate. Instances of this are the paper 
 money issued in Revolutionary times and during the Civil 
 War. Paper money is better liked because of the ease 
 with which it can be handled. 
 
 To cause money to become a legal tender is to make its 
 
158 CIVIL GOVERNMENT. 
 
 acceptance by the people compulsory, or to require them to 
 take it in discharging a debt. During the Revolutionary 
 period, several States compelled the people to accept Conti- 
 nental money, which was almost worthless. To prevent a 
 recurrence of this no State can make anything but gold and 
 silver coin a tender, — that is, good to offer in payment of a 
 debt. This is because gold and silver never lose much of 
 their value. 
 
 No bills of attainder or ex post facto laws can be made by 
 the Congress of the United States, hence this power is 
 also denied the States. Titles of nobility cannot be granted 
 by any State. 
 
 A contract is an agreement between two or more parties 
 to do a particular piece of work, or else to refrain from 
 doing it. Contracts are written and signed by the parties 
 thereto, and by witnesses. Illustration : The State wishes 
 to erect a building, and signs a contract with a builder 
 for its erection. In the contract, the builder agrees to con- 
 struct a building in a certain manner and in a certain time, 
 and in return the State agrees to pay a fixed sum of money. 
 When the building is finished it is turned over to the State, 
 and the builder in accordance with the contract receives the 
 money for which he agreed to erect it. 
 
 Again, two men making an agreement not to establish a 
 store within a certain distance of each other is another form 
 of contract. 
 
 Both parties to a contract are responsible for the execu- 
 tion of its provisions. Failure on the part of either party 
 to carry out the provisions of a contract may lead to a 
 legal suit called " breach of contract." 
 
 To impair means to break, to weaken, to loosen. A law 
 impairing the obligation of contracts would allow a party 
 to a contract to break away from fulfilling his part of the 
 
POWERS DENIED CONGRESS AND STATES. 159 
 
 contract. Such a law would do away with contracts, as no 
 one could compel a dishonest person to perform his part of 
 the agreement. 
 
 Powers of States, Consent of Congress, when necessary. 
 
 2. 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 inspec- 
 tion 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. 
 
 Duties laid by States. — ^Although most duties are levied 
 by Congress, a State can lay duties on imports and exports 
 to carry out its inspection laws. This can only be done, 
 however, when Congress has given its consent. 
 
 Imports are goods brought into a country. 
 
 Exports are goods sent out of a country. 
 
 A State has inspection laws which provide for the exami- 
 nation of certain goods to test their quality, and thus protect 
 the health and safety of the people. Articles of food are 
 particularly inspected, as these can very easily be adul- 
 terated. Such articles are flour, butter, milk, and spices. 
 Oil is also inspected. 
 
 To defray the expense of inspection, a small duty may be 
 laid by the State on imported and exported goods. All 
 inspection laws are subject to the approval of Congress. 
 Nearly all States have inspection laws. 
 
 No State can make any profit from the inspection duty, as 
 all surplus money raised in this manner must be given to 
 the United States Treasury. The object of this is to secure 
 a low tax, so as not to become burdensome to the people. 
 
 Suppose a State charges two cents a pound to examine 
 all the butter made or brought into a State : 
 
160 CIVIL GOVERNMENT. 
 
 Number of pounds, 250,000, at 2 cents = $5000 tax. 
 
 Tax or income $5000 
 
 Cost to inspect 4000 
 
 Surplus $1000 
 
 This surplus of $1000 would go into the United States 
 Treasury. 
 
 Further Restrictions on Powers of States. 
 
 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 an- 
 other State, or -with a foreign power, or engage in w^ar, 
 unless actually invaded, or in such imminent danger as 
 will not admit of delay. 
 
 Other Powers denied. — A tonnage duty is a tax on the 
 contents or capacity of a ship. This capacity is expressed 
 in tons, hence the duty is called " tonnage duty." Suppose 
 Congress laid such a duty, say one dollar a ton ; a ship of 
 one thousand tons would have to pay a tax of one thousand 
 dollars. This is a national power, and is therefore denied 
 to the State. 
 
 No State is permitted to keep a standing army or navy, 
 but a militia and a naval militia system are permitted. The 
 State soldiers cannot engage in war unless called into United 
 States service by the President or into the State service 
 by the Governor. They may be called in the following 
 times : 
 
 1. When the State has been actually invaded ; or, 
 
 2. When the danger is so great as to admit of no delay. 
 
 If another nation invaded our coast States it might re- 
 quire such a long time to convene Congress in order to 
 declare war that immense damage could be done without 
 
POWERS DENIED CONGRESS AND STATES. 161 
 
 any interference. In such a case the militia can be called 
 by the Governor to repel the invasion. 
 
 Imminent means immediate, near, impending, that which 
 will happen soon. 
 
 SUMMARY. 
 
 1. The subjects on which Congress may make laws are mentioned 
 in the Constitution. The subjects on which laws are not allowed to 
 be made are also enumerated. 
 
 2. The slave-trade was not to be abolished before 1808. At that 
 time it could be stopped or not, as Congress thought best. It was, 
 however, abolished at the beginning of the year 1808. 
 
 8. The writ of habeas corpus is an important right of the people. 
 It is an additional safeguard to their liberties. Its operation can only 
 be stopped when a rebeUion or an invasion is in progress, or when 
 the public safety requires it. 
 
 4. Bills of attainder and ex posto facto laws are so unjust that their 
 passage is entirely prohibited. 
 
 6. People are extremely sensitive to taxation. Great care is always 
 taken in laying taxes so that no one can say they are unjust. Direct 
 taxes are those laid directly on the people, and the only way in which 
 they can be laid proportionally is by using the population as a basis. 
 
 6. No tax on exports from any State is permissible. 
 
 7. National money is kept by the Secretary of the Treasury. He is 
 not allowed to use his judgment in paying out any of this money. To 
 take any money from the Treasury it is necessary that Congress and 
 the President should pass a bill providing for the withdrawal of 
 certain sums. The citizens are kept informed of the financial con- 
 dition of the country by a statement of the receipts and expendi- 
 tures. 
 
 8. All people being equal before the law, no title or other mode of 
 distinguishing one class of citizens from another is allowed. No office- 
 holder is permitted to accept any gift besides his regular salary. 
 
 9. Conflicts between the United States and the States are avoided 
 by specifying the subjects prohibited to a State. No State is allowed 
 to make a treaty, coin money, pass a bill of attainder or ex post facto 
 law, grant titles of nobility, or declare war. 
 
 11 
 
162 CIVIL GOVERNMENT. 
 
 QUESTIONS. 
 
 1. Enumerate the powers granted to Congress and those denied. 
 
 2. Explain why the clause relating to the importation of slaves was 
 inserted in the Constitution. 
 
 3. What provision is made to protect citizens from improper im- 
 prisonment ? 
 
 4. Define : (a) Bill of attainder ; (b) Ux post facto law. 
 
 5. About a capitation tax, tell : (a) What it is ; (b) How it is 
 laid. 
 
 6. Why are taxes not laid on exports ? 
 
 7. Before money can be taken from the Treasury, what is neces- 
 sarj'? 
 
 8. How do the citizens become aware of the financial condition of 
 the country? 
 
 9. What is a title of nobility ? Suppose the King of Italy wished 
 to confer a title on the American ambassador to that country, how 
 could the latter accept it ? 
 
 10. Name five subjects upon which a State can make no laws. 
 
 11. Explain obligation of contracts. 
 
 12. Explain commerce, appropriation, receipts, expenditures, office 
 of honor, alliance, confederation. 
 
CHAPTER XI. 
 
 THE EXECUTIVE DEPARTMENT. 
 
 Executive Department a Necessity. — After bills be- 
 come laws, it is necessary that they should be obeyed. 
 Laws are made to protect good people, to punish ofifenders, 
 and to promote the peace and prosperity of the country. 
 To have these beneficial effects they must be obeyed and 
 executed. If no one were held responsible for disobedience 
 to the laws they would practically become useless. A per- 
 son having no respect for laws would not care whether he 
 obeyed or disobeyed them. The Constitution provides a 
 department for the purpose of enforcing the laws. The head 
 of this department is the President. There are thousands 
 of men under him who carry out the details of execution. 
 In this manner the duties of the President are made easier, 
 and the work of enforcing the laws becomes more perfect. 
 
 ARTICLE II. 
 Of the President— The Executive Power. 
 
 Sec. I. 1. The executive pcwer shall be vested in a Presi- 
 dent of the United States of America. He shall hold his 
 oflBce during the term of four years, and, togfether with the 
 Vice-President, chosen for the same term, be elected as 
 follows : 
 
 2. Bach State shall appoint, in such manner as the Legis- 
 lature thereof may direct, a number of electors, equal to 
 the whole number of Senators and Representatives to 
 which the State may be entitled in the Congress ; but no 
 Senator or Representative, or person holding an oflQce of 
 trust or profit under the United States, shall be appointed an 
 elector. 
 
 168 
 
164 CIVIL GOVERNMENT. 
 
 The Executive. — Under the Articles of Confederation 
 there was no President, and, therefore, really no Executive 
 Department such as now exists. When the Continental 
 Congress was in session it acted as the Executive Depart- 
 ment. When it adjourned, a committee, composed of one 
 man from each State, or thirteen men in all, acted for it. 
 
 It is always bad policy to divide responsibility, that is, to 
 make many persons responsible for the performance of a 
 duty. If the work is not carried out or faithfully performed, 
 no one in particular can be held accountable for its non- 
 performance. No one being responsible naturally leads to 
 poor work. Such was the case with the Committee of 
 States under the Articles. Where the responsibility is con- 
 centrated in the hands of a single person, blame can be 
 easily placed for wrong or neglected actions, and praise 
 given for right and proper ones. 
 
 When the Constitution was being formulated it was 
 thought wise to have a separate Executive Department and 
 a Legislative Department. To the former was given all the 
 enforcing power. 
 
 The executive power is vested in the President. The 
 Vice-President and members of the President's cabinet may 
 also be considered as executive officers. These various 
 officers form the Executive Department of the United States. 
 
 Presidential Term. — When the term of office of Presi- 
 dent and Vice-President was mentioned in the Constitutional 
 Convention there was some dispute as to how long these 
 officers should serve. Those who feared a monarchy sug- 
 gested that a term of two or three years was sufficient. 
 Others thought that six or seven years should be the term. 
 
 It sometimes happens that a man gains the good-will of 
 a certain political party, and because of this popularity is 
 
THE EXECUTIVE DEPARTMENT. 165 
 
 elected President. Being popular does not always cany 
 with it the ability to govern wisely. If this person were 
 incapable, at the end of a short term he could be refused 
 re-election, and, therefore, the number of errors made by 
 him would not be so numerous as if the term were six 
 years. A- short term might not be long enough for a capa- 
 ble man, but there would be no objection to this, as he 
 could be readily re-elected for a second term. 
 
 Some months before each Presidential election the busi- 
 ness world is somewhat unsettled because of fear of changes 
 in laws which might be made by the successful political 
 party. If the term be a short one, this condition of busi- 
 ness would occur more frequently than if the term were 
 longer. However, a better government is of more impor- 
 tance than the question of business, and a short term is 
 probably better than a very long one. 
 
 As a compromise between the two- and six-year terms, 
 the Convention made the term of office four years. 
 
 Although there is no provision in the Constitution to pre- 
 vent a man from serving three terms as President, no one 
 has ever held the office for a third term. The reason for 
 a President serving but two terms may be justly attributed 
 to George Washington. He was offered the nomination for 
 a third term, but refused to accept it, saying that two terms 
 were enough for any man to serve as President. He estab- 
 lished this precedent, and his successors, excepting Grant, 
 who desired a third term, have followed his wise example. 
 
 Many Presidents have been elected to serve two terms, 
 making their official service a period of eight years. 
 
 Since 1789 we have had twenty-six Presidents, of whom 
 nine have been elected to serve two terms. They are : 
 
 1. George Washington, Virginia, 1789-1797. 
 
 2. Thomas Jefferson, Virginia, 1801-1809. 
 
166 CIVIL GOVERNMENT. 
 
 3. James Madison, Virginia, 1809-1817. 
 
 4. James Monroe, Virginia, 1817-1825. 
 
 5. Andrew Jackson, Tennessee, 1829-1837. 
 
 6. Abraham Lincoln, Illinois, 1861-1865. (Assassinated at the 
 
 beginning of second term.) 
 
 7. Ulysses S. Grant, Illinois, 1869-1877. 
 
 8. Grover Cleveland, New York, 1885-1889 and 1893-1897. 
 
 9. William McKinley, Ohio, 1897-1901. (Assassinated at the 
 
 beginning of second term.) 
 
 There are several prosperous republics in different parts 
 of the world, and although they are not like the United 
 States, still it may be interesting to know the terms of office 
 of their Presidents. 
 
 France. — President elected for seven years. 
 Mexico. — President elected for four years. 
 Switzerland. — President elected for one year. 
 
 Presidential Electors. — An elector is a citizen who is 
 allowed to vote for the different officers. A Presidential 
 elector is a citizen who is selected by his fellow-citizens to 
 choose a President and Vice-President. 
 
 Voters do not vote directly for President. They vote for 
 a set of men termed electors. These electors, in turn, vote 
 for President and Vice-President. 
 
 Every State does not have the same power in electing the 
 President and Vice-President. If each State had the same 
 power in selecting the President, population would not be 
 considered, and the citizens would not be directly repre- 
 sented in the choice. If each State had the right to cast 
 one vote, a citizen residing in a State having an immense 
 population would have a smaller part of this one vote than 
 a citizen residing in a State of small population, and also 
 casting one vote. This would be very unequal power. To 
 avoid this, the power of each State in the selection of Presi- 
 
THE EXECUTIVE DEPARTMENT. 167 
 
 dent is reckoned according to the number of people residing 
 in that State. This places in the people the same proportion 
 of power in the executive branch of the government that 
 they have in the legislative branch. 
 
 New York has many more inhabitants than Florida. To 
 ottain a proper division of power the State of New York 
 is given more votes than Florida. This power is secured 
 by the method suggested in the clause. Each State has two 
 Senators and a certain number of Representatives, appor- 
 tioned according to its population. The number of Senators 
 and Representatives of a' State are added, and the sum is 
 the number of Presidential electors to which the State is 
 entitled. 
 
 Territories have no electors. 
 
 In early times the States appointed the electors, but this 
 method has gone out of use. At the present time, every 
 political party nominates the required number of Presi- 
 dential electors. For instance, in New Jersey the Repub- 
 licans nominate twelve Republican electors, the Democrats 
 nominate the same number. Only twelve electors can be 
 chosen, because that is the number to which New Jersey is 
 entitled, so that the party which receives the most votes 
 secures the twelve Presidential electors. 
 
 As no two States have the same population, the number 
 of electors assigned to each State may vary. The number 
 of electors, therefore, nominated by political parties is not 
 necessarily the same in all the States. 
 
 Who may be Electors. — Any citizen of a State can be 
 an elector, with these exceptions : 
 
 1. A Senator or Representative. 
 
 2. A person who has a position under the United States govern- 
 ment. 
 
168 
 
 CIVIL GOVERNMENT. 
 
 states. 
 
 Senators. 
 
 Representatives. 
 
 Electors. 
 
 Alabama 
 
 2 
 
 9 
 
 11 
 
 Arkansas 
 
 2 
 
 7 
 
 9 
 
 California 
 
 2 
 
 8 
 
 10 
 
 Colorado 
 
 2 
 
 3 
 
 5 
 
 Connecticut 
 
 2 
 
 5 
 
 7 
 
 Delaware 
 
 2 
 
 1 
 
 3 
 
 Florida 
 
 2 
 
 3 
 
 5 
 
 Georgia 
 
 2 
 
 11 
 
 13 
 
 Idaho 
 
 2 
 
 1 
 
 3 
 
 Illinois 
 
 2 
 
 25 
 
 27 
 
 Indiana 
 
 2 
 
 2 
 
 13 
 11 
 
 16 
 
 Iowa 
 
 13 
 
 Kansas 
 
 2 
 2 
 
 8 
 11 
 
 10 
 
 Kentucky 
 
 13 
 
 Louisiana 
 
 2 
 
 7 
 
 9 
 
 Maine 
 
 2 
 
 4 
 
 6 
 
 Maryland 
 
 2 
 
 6 
 
 8 
 
 Massachusetts 
 
 2 
 
 14 
 
 16 
 
 Michigan 
 
 2 
 
 12 
 
 14 
 
 Minnesota 
 
 2 
 
 9 
 
 11 
 
 Mississippi 
 
 2 
 
 8 
 
 10 
 
 Missouri 
 
 2 
 2 
 
 16 
 1 
 
 18 
 
 Montana 
 
 3 
 
 Nebraska 
 
 2 
 
 6 
 
 8 
 
 Nevada 
 
 2 
 
 1 
 
 3 
 
 New Hampshire 
 
 2 
 
 2 
 
 4 
 
 New Jersey 
 
 2 
 
 10 
 
 12 
 
 New York 
 
 2 
 
 37 
 
 39 
 
 North Carolina 
 
 2 
 
 10 
 
 12 
 
 North Dakota 
 
 2 
 
 2 
 
 4 
 
 Ohio 
 
 2 
 2 
 
 21 
 2 
 
 28 
 
 Oregon 
 
 4 
 
 Pennsylvania 
 
 2 
 
 32 
 
 34 
 
 Khode Island 
 
 2 
 
 2 
 
 4 
 
 South Carolina 
 
 2 
 
 7 
 
 9 
 
 South Dakota 
 
 2 
 
 2 
 
 4 
 
 Tennessee 
 
 2 
 
 10 
 
 12 
 
 Texas 
 
 2 
 
 16 
 
 18 
 
 rtah 
 
 2 
 
 1 
 
 3 
 
 Vermont 
 
 2 
 
 2 
 
 4 
 
 Virginia 
 
 2 
 
 10 
 
 12 
 
 Washington 
 
 2 
 
 3 
 
 6 
 
 West Virginia 
 
 2 
 
 6 
 
 7 
 
 Wisconsin 
 
 2 
 
 11 
 
 13 
 
 Wyoming 
 
 2 
 
 1 
 
 3 
 
 Total 
 
 90 
 
 386 
 
 476 
 
THE EXECUTIVE DEPARTMENT. 
 
 169 
 
 It is against republican principles to have one person hold 
 two offices. A person who held a position under the gov- 
 ernment, if an elector, might be tempted to vote for a Presi- 
 dent who, in return, would keep him in office. Many office- 
 holders are dismissed when a new President is elected. 
 
 Presidential electors receive no salary, the office being 
 one of trust and honor. 
 
 Nomination and Election of Electors. — As the time 
 approaches for the election of a new President, each' party 
 holds a separate national convention for the purpose of 
 selecting candidates. In each State, also, every political 
 party, by convention, names its Presidential electors. 
 
 Before the Presidential election every political party has 
 accomplished two important things : 
 
 1. It has nominated candidates for President and Vice-President. 
 
 2. It has nominated Presidential electors in each of the States. 
 
 On a certain day the people of all the States vote for 
 Presidential electors. The electors receiving the highest 
 number of votes in each State are declared elected. Let 
 us take an election in Delaware as an example. This State 
 is entitled to three electors. The following are the nominees : 
 
 Republican Electors. 
 
 Democratic Electors. 
 
 Prohibition Electors. 
 
 J. W. White. 
 H. C. Black. 
 K. A. Green. 
 
 A. P. Smith. 
 T. W. Jones. 
 J. M. Holland. 
 
 F. K. Stretch. 
 M. T. Logan. 
 C. G. Keed. 
 
 Republican electors stand for republican principles, the 
 Democrats for democratic principles, and the Prohibitionists 
 for prohibition principles. 
 
170 CIVIL GOVERNMENT. 
 
 Any citizen of Delaware who believed in the principles 
 of a certain party would naturally cast his vote for the 
 electors of that party. 
 
 Probable Result of an f ^- ^^P^^l^^^^ 18^000 
 
 Election in Delaware, j ^^ 2«^?^y^.t^« 15,000 
 
 3. ProhibitioD 400 
 
 The Republican electors having received the most votes, 
 they are declared elected. The votes of these three elec- 
 tors go to the Republican candidate for President. It is 
 the same in all the States of the Union. 
 
 Orig-inal Method of electing- the President. 
 3. The electors shall meet in their respective States, ana 
 vote by ballot for two persons, of whom one at least shall 
 not be an inhabitant of the same State with themselves. 
 And they shall make a list of all the persons voted for, and 
 of the number of votes for each, which list they shall sign 
 and certify, and transmit sealed to the seat of the 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 votes shall then be counted. The per- 
 son having the greatest number of votes shall be the Presi- 
 dent, if such number be a majority of the whole number of 
 electors appointed ; and if there be more than one who have 
 such majority, and have an equal number of votes, then the 
 House of Representatives shall immediately choose by bal- 
 lot one of them for President ; and if no person have a ma- 
 jority, 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-Presi- 
 
THE EXECUTIVE DEPARTMENT. 171 
 
 dent. But if there should remain t-wo or more ^iv^ho have 
 equal votes, the Senate shall choose from them by ballot 
 the Vice-President. 
 
 Former Mode of choosingr a President. — This clause 
 contains the method of electing a President and Vice-Presi- 
 dent in vogue until the year 1804. It was found to be a 
 faulty method. In the election of 1800 Thomas Jefferson 
 and Aaron Burr each had seventy-three votes. This being 
 a tie, the election in accordance with the provision of this 
 clause had to be decided by the House of Representatives, 
 which elected Jefferson. This produced bitter feeling, and 
 led to the adoption of the Twelfth Amendment, in 1804, 
 which is the present system or method of electing a Presi- 
 dent. 
 
 ARTICLE XII. 
 Present Mode of choosing' the President and Vice-President. 
 
 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, w^hich list they shall sign and cer- 
 tify, and transmit sealed to the seat of the Government of 
 the United States, directed to the President of the Senate. 
 The President of the Senate shall, in the presence of the 
 Senate and House of Representatives, open all the certifi- 
 cates, and the votes shall then be counted; the person 
 having the greatest number of votes for President shall be 
 the President, if such number be a majority of the whole 
 number of electors appointed ; and if no person have such 
 majority, then from the persons having the highest num- 
 bers, not exceeding three on the list of those voted for as 
 President, the House of Representatives shall choose imme- 
 diately, by ballot, the President. But in choosing the Presi- 
 
172 CIVIL GOVERNMENT. 
 
 dent, the votes shall be taken by States, the representation 
 from each State having one vote ; a quorum for this pur- 
 pose shall consist of a member or members from t-wo-thirds 
 of the States, and a majority of all the States shall be neces- 
 sary to a choice. And if the House of Representatives 
 shall not choose a President, -whenever the right of choice 
 shall devolve upon them, before the fourth day of March 
 next following, then the Vice-President shall act as Presi- 
 dent, as in the case of the death or other constitutional 
 disability of the President. The person having the greatest 
 number of votes as Vice-President shall be the Vice-Presi- 
 dent, if such number be a majority of the whole number 
 of electors appointed ; and if no person have a majority, 
 then from the two highest numbers on the list the Senate 
 shall choose the Vice-President ; a quorum for the purpose 
 shall consist of two-thirds of the whole number of Sena- 
 tors, and a majority of the whole number shall be neces- 
 sary to a choice. But no person constitutionally ineligible 
 to the oflQce of President shall be eligible to that of Vice- 
 President of the United States. 
 
 Meeting of the Electors. — After the electors of each 
 State have been chosen they meet in theu* respective States, 
 generally at the State capital. They proceed to vote by 
 ballot, first for President, then, in a separate ballot, for Vice- 
 President. 
 
 The clause, *' one of whom, at least, shall not be an in- 
 habitant of the same State with themselves," means that if 
 a candidate for President come from Ohio the electors from 
 that State can vote for him, but if the candidate for Vice- 
 President also reside in Ohio they must vote for one from 
 another State. The object of this provision is to prevent the 
 President and Vice-President coming from the same State, 
 as that would probably give such State too much power. 
 
 Ballots are taken for President and Vice-President. Then 
 the electors are required to make a list of all persons who 
 received votes for President, and also the number of votes 
 
THE EXECUTIVE DEPARTMENT. 173 
 
 each received. Another, but separate, hst is made of all 
 those who were voted for as Vice-President and the num- 
 ber of votes received by each of them. The Presidential 
 list and the Vice-Presidential list when taken together may- 
 be called a certificate. 
 
 Three certificates are made, and as each contains two 
 lists there are six lists altogether. These lists must be 
 signed, certified, and sealed. Three certificates are made 
 to insure the safe arrival in Washington of at least one. 
 The first is sent by a messenger, the second by mail, and 
 the third is given to a judge of a United States court situ- 
 ated in the district where the capital of a State is located. 
 After being sealed, the envelopes containing the certificates 
 are directed to the President of the Senate, who is either 
 the Vice-President or president jpro tempore. If the mes- 
 senger should meet with some accident, thereby preventing 
 the certificate he has from reaching Washington, and the 
 certificate sent by mail should be lost, the third certificate 
 could still be obtained from the judge. 
 
 Counting' the Votes. — This is the only occasion when 
 both houses meet in the same room. The President of the 
 Senate presides. The certificates from all the States are 
 taken out, and the votes counted. The lists are separated 
 into sets, — viz., those for : 
 
 1. President. 
 
 2. Vice-President. 
 
 The person having a majority of all the electoral votes 
 for President is declared elected. The one having a ma- 
 jority of all the electoral votes for Vice-President is de- 
 clared elected. 
 
174 CIVIL GOVERNMENT. 
 
 Electoral votes 476 
 
 Majority 239 
 
 Election by the House. — If no person have a majority 
 of all the votes of the electors, the House of Representa- 
 tives chooses the President. The House is given this privi- 
 lege because it directly represents the people, and its choice 
 would likely be more satisfactory than the choice of the 
 Senate. 
 
 If there are five men voted for as President, only the 
 three highest can be voted for by the House, the other two 
 are not considered. The voting is by States, each State 
 having one vote. The vote of each State is determined by 
 its own Representatives. Pennsylvania has thirty-two 
 Representatives, who are entitled to one vote. How shall 
 this be cast? According to how the majority direct. If of 
 the thirty-two twenty are Republicans, the vote would 
 therefore be cast for the Republican candidate for President. 
 If there should be sixteen on each side, it is Hkely that the 
 vote would be divided, each side getting one-half (J) of a 
 vote. 
 
 It requires two-thirds (f) of all the States to be repre- 
 sented in order to have a quorum so that a President may 
 be elected. A majority of all the States is necessary to 
 elect. 
 
 Failure of the House to elect. — Should the House fail 
 to elect a President before the 4th of March, the Vice- 
 President, if elected, becomes President in the same manner 
 as if the President had resigned or died. 
 
 Inaugural Date. — March 4, 1789, was selected as the day 
 when the new government was to begin. It was not until 
 
THE EXECUTIVE DEPARTMENT. 175 
 
 April 6, 1789, that a sufficient number of members of Con- 
 gress had arrived in New York to form a quorum to count 
 the electoral vote. Until this was accomplished the President 
 could not be inaugurated. After the votes were counted, 
 Washington was notified, and he came to New York, where 
 he took the oath of office on the thu-tieth day of April, 1789. 
 Since then every President has been inaugurated on March 
 4, excepting when such date has fallen on Sunday. This 
 occurred three times, — namely, in 1821, 1849, and 1877. 
 When March 4 occurs on Sunday the inauguration of the 
 President is postponed until the following day. 
 
 Presidents elected by the House. — In 1800 Thomas 
 Jefferson was elected by the House over Aaron Burr. In 
 1824 John Quincy Adams was elected by the House over 
 Andrew Jackson. 
 
 The Electoral Commission. — The election of 1876 was 
 very close, being a choice between Hayes and Tilden. 
 South Carolina, Florida, and Louisiana each transmitted two 
 sets of certificates to Washington. When Congress met it 
 could not decide which of the two certificates to accept. 
 The election did not go to the House because one of the 
 two candidates had a majority. After much disputing, it 
 was decided to leave the matter in the hands of an Elec- 
 toral Commission, composed of five Senators, five Repre- 
 sentatives, and five judges of the United States Supreme 
 Court. 
 
 The Commission was composed of an odd number (15) 
 to avoid a tie vote. This Commission decided on March 2, 
 1877, that Hayes was elected. Had the Commission held 
 out two days longer, the country would have been with- 
 out a President until some method to elect one had been 
 provided. 
 
176 
 
 CIVIL GOVERNMENT. 
 
 Election of 
 President 
 
 1. By electors ■ 
 
 By House 
 of Kepre- 
 Bentatives 
 
 1. Nomination of candidates. 
 
 2. Nomination in each State of Presi- 
 
 dential electors. 
 
 3. Election day. 
 
 4. Meeting of electors at capital of 
 
 State. 
 
 5. Congress meets to count the vote. 
 
 6. Majority of all the electors vote.for 
 
 one man, and he is elected. 
 
 1. Nomination of candidates. 
 
 2. Nomination in each State of Preii- 
 
 dential electors. 
 
 3. Election day. 
 
 4. Meeting of electors at capital of 
 
 State. 
 
 5. Meeting of Congress to count the 
 
 vote. 
 
 6. No candidate has a majority. 
 
 7. House of Kepresentatives proceeds 
 
 to elect a President. 
 
 8. Yote taken by States; quorum, 
 
 two-thirds of all States. 
 
 9. Three highest candidates to he 
 
 chosen from. 
 10. Majority of all States necessary to 
 a choice. 
 
 Election of Vice-President. — Inasmuch as the Vice- 
 President under certain conditions may become President, 
 it is necessary that he be elected in the same manner as 
 the President, — namely, by a majority of the Presidential 
 electors. The electors in voting make distinct lists of the 
 candidates voted for as Vice-President. These lists are also 
 sent to Washington, and are counted separately from those 
 for President. 
 
 When no candidate has a majority of the votes of the 
 electors, the Senate has the power to elect the Vice-Presi- 
 dent. This is so because the office is of less importance 
 
THE EXECUTIVE DEPARTMENT. 
 
 177 
 
 than the office of President, and it would also, if given to 
 the House to decide, give that body too much power. It is 
 also safer, as it might easily happen that neither candidate 
 would have a majority. If the House had the power to elect 
 both it might disagree, and not elect either a President or 
 a Vice-President before the fourth day of March, thus leaving 
 the country without an executive. 
 
 In the Senate the vote is not taken by States, because 
 there being but two men there might be many disagree- 
 ments as to how the vote of a State should be cast. A 
 quorum consists of two-thirds of the entire membership of 
 the Senate. They select from the two highest on the list, 
 and a majority of all is necessary to a choice. 
 
 states, 45. Senators, 90. Quorum, 60. Necessary to elect, 46. 
 
 In our entire history, the Senate has had but one oppor- 
 tunity to exercise this power. In 1837 Richard M. Johnson 
 was elected Vice-President by the Senate. 
 
 Election of 
 Vice- 
 President 
 
 1. By electors . Majority of all electors. 
 
 2. By Senate. 
 
 1. No majority. 
 
 2. Two highest on the list. 
 
 8. Quorum, two-thirds of all Senators. 
 
 4. Each Senator one vote. 
 
 5. Majority of all Senators necessary 
 
 to elect. 
 
 The Electoral College. — The Presidential electors of 
 all. the States taken together are known as the *' Elec- 
 toral College." The Electoral College increases as the 
 population becomes larger and as the number of States 
 increases. 
 
 12 
 
178 
 
 CIVIL GOVERNMENT. 
 
 Electoral College of 
 
 Number of Members, 
 
 1789 
 1900 
 
 91 
 447 
 
 George Washington was the only President who ever re- 
 ceived the votes of all the electors. President Monroe 
 received all but one. 
 
 OOMPAEISON OF ELECTION BY THE HOUSE AND 
 SENATE. 
 
 Election of 
 
 To choose from 
 
 Vote by 
 
 Quorum. 
 
 Necessary to a 
 Choice. 
 
 President by 
 House. 
 
 Vice-President 
 by Senate. 
 
 Three highest 
 on list. 
 
 Two highest 
 on list. 
 
 States. 
 Senators. 
 
 Two-thirds of 
 all States. 
 
 Two-thirds of 
 all Senators. 
 
 Majority of all 
 States. 
 
 Majority of all 
 Senators. 
 
 Minority and Majority Presidents. — The vote for Presi- 
 dent in 1892 was : 
 
 Nominees. 
 
 Popular Vote. 
 
 Electoral Vote. 
 
 Cleveland 
 
 
 5,556,533 
 
 5,175,577 
 
 1,122,045 
 
 279,191 
 
 277 
 
 Harrison . 
 
 
 145 
 
 Weaver 
 
 22 
 
 Bidwell ... . .... 
 
 
 
 
 
 Total 
 
 12,133,346 
 
 444 
 
 The entire electoral vote was four hundred and forty- 
 four, of which a majority was two hundred and twenty- 
 
THE EXECUTIVE DEPARTMENT. 
 
 179 
 
 three. Cleveland received two hundred and seventy- 
 seven electoral votes and was declared elected. The popu- 
 lar vote is the vote of the citizens. This vote was over 
 twelve millions, and a majority would have been a little 
 over six millions, yet the candidate who had a majority of 
 the electoral votes had less, or a minority of the popular 
 vote. Such a President is called a ** minority President." 
 A minority President is one who receives a majority of the 
 Electoral College votes, but a minority of the popular vote. 
 
 Such Presidents have been numerous. John Quincy 
 Adams, James K. Polk, Abraham Lincoln, Rutherford 
 B. Hayes, James A. Garfield, Grover Cleveland, and Ben- 
 jamin Harrison were minority Presidents. 
 
 In 1896 the vote was : 
 
 Nominees. 
 
 Popular Vote. 
 
 Electoral Vote. 
 
 McKinley . 
 Bryan . . . 
 Levering . , 
 
 Total . 
 Majority 
 
 7,107,304 
 
 6,292,423 
 
 130,753 
 
 271 
 
 176 
 
 
 
 13,530,480 
 6,765,241 
 
 447 
 224 
 
 Presidents elected by a majority of the popular vote and 
 of the electoral votes are called "majority Presidents." 
 McKinley had a majority of the popular vote and also of 
 the electors, hence he is termed a " majority President." 
 
 Time of choosing- Electors— When they are to vote. 
 
 4. The Congress may detenmne the time of choosing the 
 electors, and the day on "w^hich they shall give their votes ; 
 which day shall be the same throughout the United States. 
 
180 CIVIL GOVERNMENT. 
 
 Time of Election. — This clause gives the power to Con- 
 gress to fix the dates on which elections shall be held. The 
 object of this is to have all the States hold elections at the 
 same time, so as to prevent needless confusion. This power 
 has been exercised, and Congress has fixed : 
 
 1. The Tuesday after the first Monday in November as the day for 
 choosing the Presidential electors. 
 
 2. The second Monday in January as the day on which the electors 
 meet at the capitals of their respective States. 
 
 3. The second Wednesday in February as the day on which the cer- 
 tificates are opened and counted before Congress. 
 
 The President and Vice-President are not officially elected 
 till the second Wednesday in February. The way in which 
 the electors will vote is known to every one ; hence, on the 
 evening of election day, when the returns are read, it is 
 known who will be elected. 
 
 Who may be elected. 
 
 5. No person except a natural-born citizen, or a citizen of 
 the United States at the time of the adoption of this Con- 
 stitution, shall be eligible to the oflace of President ; neither 
 shall any person be eligible to that oflQce who shall not have 
 attained to the age of thirty-five years, and been fourteen 
 years a resident within the United States. 
 
 Qualifications of President. — 
 
 1. He must be a natural-born citizen. 
 
 2. Thirty-five years of age. 
 
 3. Fourteen years a resident within the United States. 
 
 A natural-born citizen is a person who is born here or a 
 person who is born abroad while his parents, who are citi- 
 
THE EXECUTIVE DEPARTMENT. 181 
 
 zens of the United States, are absent from this country on 
 pleasure or on business. 
 
 During the dark period of our history, many foreigners 
 came to America to help the struggling patriots. In consid- 
 eration of their services it was desired to pay these men a 
 compliment by making them eligible to the highest office in 
 the land. Such men as Hamilton, Lafayette, Steuben, Kos- 
 ciusko, De Kalb, and others fought on our side without 
 hope of reward. As a compliment to such men, the part, 
 "a citizen at the time of the adoption of this Constitu- 
 tion," was inserted, making them eligible to this office. As 
 these men have since died, this part is useless, and only 
 native-born citizens can become President and Vice-Presi- 
 dent. 
 
 Thirty-five years is the requisite age for the office of 
 President, being the highest age required for any office. It 
 is thought that a man of thirty-five reaches, as a rule, his 
 best intellectual ability. In a monarchy, where the sovereign 
 inherits the throne, no age can be fixed. Children become 
 kings and queens. Victoria became Queen of England 
 when but seventeen years of age. These children are rulers 
 only in name. They do not possess the real power of king 
 or queen. In such cases a person termed a " regent" fulfils 
 the powers of ruler until the youth reaches the necessary 
 age, generally twenty-one years. 
 
 A candidate for the Presidency must be fourteen years a 
 resident within the United States. Citizens who are away 
 from their country for a long period are likely to become 
 friendly to the government of their adopted country. 
 Such a one is also likely to become indifferent to the main 
 events of recent history in his native country. To guard 
 against such a person being elected, the Constitution re- 
 quires a continuous residence in this country of fourteen 
 
182 
 
 CIVIL GOVERNMENT. 
 
 years. This provision affords opportunity to become ac- 
 quainted with the workings of the government. Excep- 
 tions to this are persons who serve as ambassadors, minis- 
 ters, consuls, and those travelling abroad for short periods. 
 
 COMPARISON OP QUALEFIOATIONS. 
 
 Office. 
 
 Age. 
 
 Length of 
 Citizenship. 
 
 Kepresentative 
 
 Senator 
 
 25 years. 
 30 years. 
 35 years. 
 
 7 years. 
 9 years. 
 Native born. 
 
 President 
 
 Qualifications of Vice-President. — As the Vice-Presi- 
 dent may succeed the President, it is necessary that he 
 should possess the same qualifications. The Constitution 
 has provided that " no person constitutionally ineligible to 
 the office of President shall be eligible to that of Vice- 
 President of the United States." 
 
 In Case of Removal of the President, his Powers to devolve upon 
 the Vice-President. 
 
 6. In case of the removal of the President from ofiQce, or 
 of his death, resignation, or inability to discharge the 
 povrers and duties of the said oflBce, the same shall de- 
 volve on the Vice-President, and the Congress may by 
 la-w provide for the case of removal, death, resignation, 
 or inability, both of the President and Vice-President, de- 
 claring -what ofiBcer shall then act as President, and such 
 ofiBcer shall act accordingly, until the disability be removed, 
 or a President shall be elected. 
 
 Presidential Vacancies. — The Vice-President is Presi- 
 dent of the Senate, but as this office can be easily filled by 
 
THE EXECUTIVE DEPARTMENT. 183 
 
 one of the Senators, it would appear that the Vice-Presi- 
 dent is really useless in the management of the government. 
 His main office is to succeed the President when the latter 
 dies, resigns, or is impeached. This is a very good arrange- 
 ment, as it would take a long time to elect a successor, 
 while by this system the Vice-President is made President 
 a few hours after that office becomes vacant. It is a very 
 serious thing to allow a country to be without a head even 
 for a short time, as much mischief could be done by persons 
 discontented with the government. 
 
 Vice-Presidents who have become Presidents : 
 
 1. John Tyler, on death of William H. Harrison . . . 1841. 
 
 2. Millard Fillmore, on death of Zachary Taylor. . . . 1860. 
 
 3. Andrew Johnson, on death of Abraham Lincoln . . 1865. 
 
 4. Chester A. Arthur, on death of James A. Garfield . . 1881. 
 6. Theodore Roosevelt, on death of William McKinley . 1901. 
 
 When the Vice-President succeeds the President the 
 country is without a Vice-President. No one is elected to 
 fill this office, as it is not very important, and the president 
 pro tempore can perform the Vice-President's duties in the 
 Senate. When the Vice-President dies no one succeeds 
 to the office, and the vacancy is allowed to continue for the 
 remainder of the term. Since the beginning of the govern- 
 ment, in no administration have there been vacancies in 
 both offices. 
 
 Presidential Succession. — Congress further has the 
 power to say who shall become President when the Presi- 
 dential and Vice-Presidential offices both become vacant. 
 In 1791 a law was enacted to meet such an emergency. 
 It provided that in such an event the president pro tempore 
 
184 CIVIL GOVERNMENT. 
 
 or the Speaker of the House would become President. 
 This would be very wrong, because either of these might be 
 of a different party, and hence the people who elected a 
 man of one party might be represented by a person of an 
 opposite party. 
 
 In 1886 a law was made fixing the order of succession to 
 the Presidency. It was called the " Presidential Succession 
 Law." By this, when both President and Vice-President 
 are incapable, the members of the cabinet succeed in the 
 order in which the offices were originally created, viz. : 
 
 1. Secretary of State. 
 
 2. Secretary of Treasury. 
 
 3. Secretary of War. 
 
 4. Attorney-General. 
 
 5. Postmaster-General. 
 
 6. Secretary of the Navy. 
 
 7. Secretary of the Interior. 
 
 8. Secretary of Agriculture. 
 
 The members of a cabinet are of the same political party 
 as the President, hence, when any one of these succeeds, 
 the right party is still representing the people. These 
 men are also familiar with the purposes of the administra- 
 tion, and could carry them out without mistake or delay. 
 If any cabinet officer does not possess the qualifications 
 of President he is passed by, and the next one in order 
 succeeds to the position. 
 
 When a Vice-President or cabinet officer becomes Presi- 
 dent, he receives the salary of this office and ceases to 
 hold his old office. 
 
 In the republic of France there is no Vice-President. 
 V^hen President Faure died, in 1899, the Legislature of 
 France was called together and M. Loubet was chosen. 
 
THE EXECUTIVE DEPARTMENT. 185 
 
 President's Compensation. 
 
 7. The President shall, at stated times, receive for his ser- 
 vices a compensation, vrhich shall neither be increased nor 
 diminished during the period for "which he shall have been 
 elected, and he shall not receive within that period any- 
 other emolument from the United States, or any of them. 
 
 Salary of the President. — For performing the duties of 
 his office the President should receive some salary or com- 
 pensation. We frequently find very bright men among 
 people who are not wealthy. If there were no salary at- 
 tached to this office men of this kind would be kept out. 
 From 1789 to 1873 the salary of the President was twenty- 
 five thousand dollars a year. After 1873 it was increased 
 to fifty thousand dollars a year. Grant was the first Presi- 
 dent to receive the increase. The salary of the Vice-Presi- 
 dent has always been the same, — viz., eight thousand dollars 
 a year. 
 
 No increase or decrease can be made in the salary of a 
 President during his term. If such a bill were passed he 
 could easily sign it if it were to increase his salary, and if it 
 proposed a decrease in his salary he could just as readily 
 veto it. If Congress were allowed to decrease the salary 
 of a President it might use it as a means to force him 
 out of his position. Again, a dishonest man might make 
 many promises of offices to Congressmen in return for an 
 increase of salary. 
 
 During the time for which a President is elected he can 
 receive no gift or emolument fi*om the United States or from 
 any State. The object of this is to prevent any one from 
 influencing the President in any of his actions. He may, 
 however, accept a present from any private citizen. Every 
 President receives many gifts from people in different parts 
 of the country. 
 
186 CIVIL GOVERNMENT. 
 
 In comparison with the rulers of other nations, our Presi- 
 dent's salary is very small. 
 
 Title of Office. 
 
 Salary. 
 
 President of United States 
 King of England .... 
 Emperor of Austria . . . 
 King of Belgium .... 
 President of Mexico . . . 
 President of France . . . 
 
 150,000 
 4,000,000 
 4,650,000 
 
 760,000 
 80,000 
 
 120,000 
 
 His Oath. 
 
 8. Before he enter on the execution of his ofiBce he shall 
 take the following oath or aflarmation : 
 
 " I do solemnly swear (or afiBrni) that I will faithfully exe- 
 cute the ofiBce of President of the United States, and will, 
 to the best of my ability, preserve, protect, and defend the 
 Constitution of the United States." 
 
 President's Oath or Affirmation. — To make the Presi- 
 dent responsible for the conduct of his office, he must, at 
 the beginning of his term, take either an oath or an affirma- 
 tion. An oath or an affirmation both have the same effect ; 
 but persons have different views on this subject, and thus 
 a choice is provided. An oath is a declaration or promise 
 to act properly. When taking an oath the Bible is used, 
 thus making the occasion more solemn. An affirmation is a 
 ^declaration or promise to act properly. Such promise is 
 made without the use of the Bible. 
 
 The oath of office is given to the President by the 
 Chief Justice of the United States Supreme Court on inaugu- 
 ration day. This day is the 4th of March of every fourth 
 year. After the oath has been taken the President gen- 
 
THE EXECUTIVE DEPARTMENT. 187 
 
 erally makes an address to the assembled people. It is on 
 this occasion that he outlines his policy by giving his views 
 upon important questions. 
 
 The Vice-President takes the oath of office in the pres- 
 ence of the Senate on the same day as the President, — i.e., 
 4th of March. His oath is the same, with the change that 
 he promises to execute the office of Vice-President instead 
 of that of President. 
 
 Power and Duties of the President. 
 
 Seo. n. 1. The President shall be Oominander-in-Ohief of 
 the Army and Navy of the United States, and of the militia 
 of the several States, when called into the actual service of 
 the United States ; he may require the opinion, in writing, 
 of the principal oflacer in each of the Executive Depart- 
 ments, upon any subject relating to the duties of their re- 
 spective offices, and he shall have pow^er to grant reprieves 
 and pardons for offences against the United States, except 
 in oases of impeachment. 
 
 President as Commander. — The President, by virtue of 
 his office, is commander-in-chief of the regular army and 
 navy, and also of the militia of the States when it is called 
 into actual service. If Congress had control of the army and 
 navy it would require too much time for it to decide on 
 every movement that should be made. Secrecy could not 
 well be maintained in such a large body, and disputes might 
 be the cause of lost opportunities. As the President exe- 
 cutes the laws, and the army and navy help him in this, 
 he should have charge of their direction. 
 
 By this clause it is not meant that the President should 
 actually go to the field of battle, but that he can direct the 
 operations of the commanders while he remains in the 
 Capitol. If he were compelled to take the field he might 
 be killed, and thus the office might be changing hands con- 
 
188 CIVIL GOVERNMENT. 
 
 tinually. During the entire Civil War Lincoln was never 
 far away from the city of Washington. 
 
 Cabinet Officers. — The business of the government is 
 1' very extensive, and cannot be performed alone by the Presi- 
 dent, hence the business is divided into nine main parts, 
 each being under the direction of a cabinet officer and his 
 assistants. Each part has different work to do. A cabinet 
 officer is one who advises the President, and performs part 
 of the work of conducting the business of the government. 
 
 1. Secretary of State, established 1789. 
 
 2. Secretary of the Treasury, established 1789. 
 
 3. Secretary of War, established 1789. 
 
 4. Attorney- General, established 1789. 
 
 6. Secretary of the Navy, established 1798. 
 
 6. Postmaster-General, established 1829. 
 
 7. Secretary of the Interior, established 1849. 
 
 8. Secretary of Agriculture, established 1888. 
 
 9. Secretary of Commerce and Labor, established 1903. 
 
 The office of Postmaster-General was an old one, but the 
 occupant only became a cabinet officer in 1829. 
 
 The cabinet officers are appointed by the President with 
 the consent of the Senate. They are of the same political 
 party as the President. They serve for no fixed term, but 
 may be removed at any time by the President. The salary 
 of each cabinet officer is eight thousand dollars a year. 
 
 The State Department deals with foreign mattets. It 
 ' instructs the ambassadors, ministers, and consuls. All com- 
 missions for office are issued by this department. It pre- 
 serves all bills which have become laws. It grants pass- 
 ports, insuring safety, to citizens who desire to travel abroad. 
 
 The Treasury Department takes care of all moneys. It 
 receives money from taxes, and pays out money in accord- 
 
THE EXECUTIVE DEPARTMENT. 189 
 
 ance with the appropriations made by Congress. It con- 
 ducts the collection of duties and customs by means of 
 agents throughout the country. The mints are under the 
 control of this department, as are also the following : 
 
 1. Life-Saving Service. 
 
 2. Light-Houses. 
 
 3. Coast Survey. 
 
 The Department of War has general charge of the arm- 
 ing and organizing of the army and the appointment of 
 officers, and of the Military Academy at West Point. It 
 has charge and care of the national cemeteries. 
 
 The Navy Department has general charge of the navy. 
 The Naval Academy at Annapolis is under its care. It has 
 general charge of navy-yards, arsenals, and forts, and under 
 its supervision war-ships are constructed. It also issues 
 maps and charts relating to navigation. 
 
 The Post-Oflace Department has charge of establishing 
 post-offices, superintends the working of the department, 
 and makes contracts for carrying the mail. 
 
 The Department of the Interior has charge of the 
 public lands. Territories, Indian affairs, pensions, patents, 
 copyrights, and the taking of the census. 
 
 The Attorney-General gives advice to the government 
 on legal questions. He defends the United States when 
 any question involving it is concerned. 
 
 The Department of Agriculture endeavors to improve 
 the agricultural interests of the country. It purchases and 
 distributes seeds of various kinds. It also publishes new 
 and improved methods of agriculture. Experimental sta- 
 tions are located in various States. Here experiments with 
 plants are made, with the object of obtaining better prod- 
 
190 CIVIL GOVERNMENT. 
 
 ucts. Any improved methods being discovered, the results 
 are printed and sent free of charge to farmers. 
 
 The Department of Coniinerce and Labor fosters, pro- 
 motes, and develops the foreign and domestic commerce, 
 the mining, manufacturing, shipping, and fishing industries, 
 the labor interests, and the transportation facilities of the 
 United States. 
 
 Reprieves and Pardons. — A reprieve is a suspension of 
 the sentence of a court for a short time. A person might 
 be sentenced to death, and nevsr evidence, which might prove 
 him innocent, might be found. Without the power of re- 
 prieve nothing could be done to prevent the execution of • 
 the punishment. A reprieve simply postpones the execu- 
 tion of a sentence. When the time of the reprieve expires 
 the sentence of the court is carried out. 
 
 A pardon is an absolute release from prison of any one 
 convicted of crime. When any one receives a pardon such 
 person is again free, and cannot be retried for the same 
 offence. 
 
 The object of reprieves and pardons is to have a means 
 of securing justice to a convicted innocent person. A per- 
 son may be convicted of some crime. After serving some 
 time in prison it is discovered that he is guiltless. He 
 should be released, and this release could only be accom- 
 plished by means of a pardon. The President has this 
 power only in United States matters, such as counterfeiting, 
 smuggling, robbing the mails, etc. In offences against State 
 laws he has no power. There is but one exception to the 
 use of this pardoning power by the President, and that is 
 where a person has been impeached and found guilty. 
 
 General William Hull was an officer for the Americans 
 during the Revolution. During the War of 1812 he was 
 placed in command of another force. He was located with 
 
THE EXECUTIVE DEPARTMENT. 191 
 
 his troops at Detroit. The British besieged the place, and 
 Hull, without any attempt at defence, surrendered the 
 place to the enemy. Much dissatisfaction was caused by 
 this action. Hull was tried by court-martial, convicted 
 of cowardice, and sentenced to be shot. President Madi- 
 son, using his power as commander-in-chief of the army, 
 pardoned him. The pardon was granted in consideration 
 of the many good services he had rendered during the 
 Revolutionary War. 
 
 President may, with Concurrence of Senate, make Treaties, ap- 
 point Ambassadors, etc.— Authority of Cong-ress 
 over Appointment of Inferior Oflacers. 
 
 2. He shall have 'power, by and with[ the advice and con- 
 sent of the Senate, to make treaties, provided two-thirds 
 of the Senators present concur ; and he shall nominate, and, 
 by and with the advice and consent of the Senate, shall 
 appoint ambassadors, other public ministers and consuls, 
 judges of the Supreme Court, and all other oflacers of the 
 United States whose appointments are not herein other- 
 wise provided for, and which shall be established by law ; 
 but the Congress may by law vest the appointment of 
 such inferior oflBcers as they think proper in the Presi- 
 dent alone, in the courts of law, or in the heads of de- 
 partments. 
 
 Treaties. — An agreement between two or more countries 
 on any subject which concerns them is called a Treaty. 
 Treaties generally relate to : 
 
 1. The settlement of a war. 
 
 2. Fisheries. 
 
 3. Boundaries. 
 
 4. Exchange of fugitives from justice. 
 6. Commerce. 
 
 Method of making a Treaty. — Whenever there is need 
 of a treaty commissioners are appointed by the countries 
 concerned. In the United States these commissioners are 
 
192 CIVIL GOVERNMENT. 
 
 appointed by the President. They meet at a certain place 
 to discuss the matter which they are to consider, and make 
 a written treaty. The work of the commissioners is then 
 over. They take the treaty to the countries from which 
 they came. Before the treaty can go into effect it must be 
 ratified by all the countries concerned. In the United States 
 a treaty needs to be ratified by the Senate only. This is 
 because Senators are men of higher qualifications and a 
 treaty is more of a national matter, and concerns the States 
 more than the people. The Senate, being a smaller body 
 than the House, can discuss a treaty more fully and at the 
 same time with more secrecy. As a treaty is a very im- 
 portant measure, two-thirds of the Senators present, pro- 
 vided such number be a quorum, must vote for it before it 
 can be ratified. After a treaty is ratified by the Senate it is 
 preserved by the Secretary of State. When a treaty is rati- 
 fied by all the countries concerned it is a law of these coun- 
 tries, and must be obeyed by the citizens of each. 
 
 1. With England, signed at Paris, 1783. 
 
 2. Jay's Treaty, with England, 1795. 
 
 3. With England, signed at Ghent, 1814. 
 
 4. With Spain, cession of Florida, 1819. 
 
 5. With England, 1842, northeast boundary. 
 
 6. With England, 1846, northwest boundary. 
 
 7. With Mexico, 1848. 
 
 8. With Japan, 1854. 
 
 9. With England, 1871. 
 10. With Spain, 1899. 
 
 The treaty with England in 1783 ended the Revo- 
 lutionary War. The independence of the United States was 
 acknowledged and the following boundaries fixed: the 
 Atlantic Ocean on the east, the Mississippi on the west, 
 Florida on the south, and the Great Lakes and Canada on 
 the north. 
 
 Treaties of the 
 United States 
 
THE EXECUTIVE DEPARTMENT. 193 
 
 Jay's Treaty provided for a more thorough method of 
 carrying out the provisions of the Treaty of 1783. The 
 treaty made by Jay in 1795 was very unpopular in the 
 United States. Many people believed that England received 
 greater advantages from the questions involved than did the 
 United States. President Washington, however, thought 
 that it was the best that could be secured at that time. It 
 was ratified by the Senate after violent opposition. 
 
 The third treaty with England, in 1814, ended the 
 second war with that country. This war put an end to 
 the searching of our ships at sea by Great Britain. 
 
 The Treaty of 1842 was made by Daniel Webster and 
 Lord Ashburton. It is sometimes known as the "Ash- 
 burton Treaty." It fixed the present boundary between 
 Maine and Canada. 
 
 The Treaty of 1846 dealt with the northwest boundary 
 dispute between our country and Great Britain. The land 
 in dispute was so little known at the beginning of the nine- 
 teenth century that no one talked very much about it. A 
 few explorers, however, brought back such glowing accounts 
 of its richness that it soon began to be populated. England 
 laid claim to it, and for some years we were on the verge 
 of another war with that nation. When Polk was nomi- 
 nated for the Presidency the cry of our people was, " 54-40, 
 or fight ;" meaning that our territory extended to 54° 40' 
 north latitude. Our claim was based on : 
 
 1. The explorations of Lewis and Clark, sent out by President 
 Jefferson. 
 
 2. Dr. Whitman's journey there. 
 
 The difficulty was finally adjusted by a treaty between the 
 two countries, in which the boundary was fixed at the forty- 
 
194 CIVIL GOVERNMENT. 
 
 ninth parallel. This gave a share of the disputed territory 
 to each country. 
 
 The treaty with Mexico in 1848 ended the war with 
 that country. The following were the results of that treaty : 
 
 1. The boundary of Texas was fixed at the Rio Grande. 
 
 2. The independence of Texas was acknowledged. 
 
 3. Mexico received fifteen million dollars for the cession of Cali- 
 fornia and New Mexico. 
 
 The treaty with Japan, made through the efforts of 
 Commodore Perry, opened the ports of that country to 
 American commerce in 1854. 
 
 No treaty was made at the close of the Civil War because 
 the South had no recognized standing as a nation, and hence 
 could not make one. 
 
 Treaty of Washington. — For some years previous to 
 1871 there were several questions in dispute between Great 
 Britain and the United States. These at one time almost 
 led to hostilities. President Grant avoided this trouble by 
 suggesting the appointment of commissioners by each coun- 
 try to arrange a treaty. These men met in Washington in 
 1871, and the treaty has since been called the "Treaty of 
 Washington." It provided for the settlement of: 
 
 1. The Alabama claims. 
 
 2. The fisheries dispute. 
 
 3. The northwest boundary. 
 
 The Alabama claims were settled by commissioners 
 from England, United States, Italy, Switzerland, and Brazil. 
 A majority of these men were to decide the question. They 
 met at Geneva, Switzerland. In 1872 the decision was an- 
 nounced, awarding to the United States fifteen million five 
 
THE EXECUTIVE DEPARTMENT. 195 
 
 hundred thousand dollars for damages to American com- 
 merce by various Confederate privateers which were fitted 
 out in England while the Civil War was in progress. This 
 money did not go into the United States Treasury, but 
 was divided among the ship-owners whose vessels were 
 either destroyed or captured by these privateers. 
 
 The Fisheries Commission met at Halifax, Nova Scotia, 
 and awarded England five million five hundred thousand 
 dollars damages. The English claimed that the Americans 
 were using the Canadian fishing-banks to the detriment of 
 the Canadians. 
 
 The boundary dispute was in reference to the limit of 
 authority on the waters northwest of Washington State and 
 south of Vancouver Island. Emperor William of Germany 
 was appointed to decide this dispute. He drew the present 
 boundary, and gave to the State of Washington the Island 
 of San Juan. This decision did not give either country a 
 large tract of land. Its importance was in fixing the juris- 
 diction between two countries. Heretofore this section was 
 under no particular authority, and criminals by taking refuge 
 here could impede justice. 
 
 The treaty with Spain was ratified in 1899. It ended 
 the Spanish-American War, and provided for the following : 
 
 1. The cession of Porto Rico, Sulu Islands, Guam of the Ladrones, 
 and the Philippine Islands to the United States. 
 
 2. The relinquishment of all authority over Cuba. This country 
 being placed under the jurisdiction of the United States until the 
 Cubans show themselves capable of self-government. 
 
 3. The payment by the United States to Spain of twenty million 
 dollars for the government buildings and other improvements in the 
 Philippines, 
 
196 CIVIL GOVERNMENT. 
 
 Appointments. — The men who hold the highest offices 
 under the government are appointed by the President ; but 
 his appointments must be confirmed by a majority of the 
 Senate before the persons appointed can assume control of 
 such offices. Confirming a man for a position means that the 
 consent of the Senate must be obtained before he is properly 
 qualified. Incapable and improper men are thus prevented 
 from occupying positions of honor, trust, and profit. When 
 the Senate refuses to give its consent to the nomination of 
 a man another nominee must be selected or nominated by 
 the President. Among officers whose nominations must be 
 sent to the Senate for confirmation are : 
 
 1. Ambassadors. 
 
 2. Public ministers. 
 
 3. Consuls. 
 
 4. Judges of the Supreme Court. 
 
 5. Other subordinate officers not mentioned in the Constitution. 
 
 Ambassadors, Ministers, Consuls. — To look after the 
 interests of American citizens, commerce, etc., three kinds 
 of representatives of the United States are sent to the dif- 
 ferent countries and cities of the world. An ambassador 
 is a representative of the highest rank sent from one coun- 
 try to another. A minister is a representative of a country 
 to another country whose importance is not so great. Both 
 the ambassadors and ministers reside at the capital of the 
 country to which they are sent. There are at this time 
 ambassadors to : 
 
 1. Great Britain. 
 
 2. France. 
 
 3. Germany. 
 
 4. Italy. 
 
 5. Russia. 
 
 6. Mexico, 
 
THE EXECUTIVE DEPARTMENT. 197 
 
 A consul is a representative to a commercial or manu- 
 facturing city. While ambassadors and ministers are sent 
 to the different countries, a consul is sent only to a city. 
 Consuls look particularly after the commercial side, en- 
 deavoring to find opportunities for the introduction and 
 extension of American products. They also examine the 
 invoices of the cargoes of ships to ascertain whether a cor- 
 rect statement has been made. They assist Americans 
 abroad in various ways. 
 
 Ambassadors, ministers, and consuls have no fixed tenure 
 of office. It seldom lasts longer than four years, but when 
 the same political party remains in office for a second term, 
 the representatives generally remain throughout the entire 
 term. It is only when the administration changes that other 
 representatives are sent. 
 
 Appointment of Other Oflacers. — Many other officers 
 must be confirmed by the Senate. When the Constitution 
 was adopted it was not known just what officers would be 
 needed in the future. Not being able to foretell this, and 
 wishing the Senate to have some power over their appoint- 
 ments, this statement was inserted, " and all other officers 
 whose appointments are not herein otherwise provided for 
 by law." Among such officers, whose positions have been 
 esfablished by law, are : 
 
 1. Cabinet officers. 
 
 2. Postmasters. 
 
 3. Collectors of customs. 
 
 4. Judges of the District and Circuit Court?. 
 
 5. United States District Attorneys. 
 
 6. Directors of the mints. 
 
 7. Officers in the army and navy. 
 
 8. Commissioner of Immigration. 
 
 9. Governors of Territories. 
 
198 CIVIL GOVERNMENT. 
 
 This confirmation should only be required in the higher 
 offices. It would keep the Senate very busy to confirm the 
 nomination of every clerk, watchman, book-keeper, and let- 
 ter-carrier in the United States. All of these occupy in- 
 ferior positions, and the President and Senate should not 
 be troubled with their selection and confirmation. The 
 Constitution wisely says that minor officers may be ap- 
 pointed by the chief officers under whom they are to serve 
 without the confirmation of the Senate. For instance, the 
 judges of the courts appoint their workers, and the heads 
 of the departments, meaning thereby the cabinet officers, 
 appoint the inferior officers in their departments. 
 
 Although the consent of the Senate is necessary in some 
 cases to secure an office, yet whenever the President be- 
 comes dissatisfied with the action of any of the occupants 
 of these offices he may remove him without the consent of 
 that body. This was different at one time. During Presi- 
 dent Johnson's administration a law was enacted, known 
 as the " Tenure of Office Act," which forbade the President 
 to remove any one from office without the consent of the 
 Senate. Johnson, however, violated this law by removing 
 the Secretary of War, E. M. Stanton. This was the direct 
 cause of his impeachment. He was acquitted. This act 
 was repealed in 1887, so that now the President may re- 
 move any one with whom he is dissatisfied. 
 
 President may fill Vacancies in Ofiice during- Recess of Senate. 
 
 3. The President shall have power to fill up all vacancies 
 that may happen du. ing the recess of the Senate, by grant- 
 ing coniniissions which shall expire at the end of their next 
 session. 
 
 Power of the President to fill Vacancies. — A commis- 
 sion is a paper signed by the President and given to a per- 
 
THE EXECUTIVE DEPARTMENT. 199 
 
 son who is appointed to an office. It shows that the person 
 holding it is properly authorized to perform the duties of 
 that particular office. When the Senate is in session 
 many officers must be confirmed before they can receive 
 their commissions. If a vacancy happen while the Senate 
 is in session, another person is immediately selected by 
 the President, and his nomination is acted upon by the 
 Senate. 
 
 During the recess or adjournment of the Senate many 
 vacancies occur. If these could not be filled because the 
 Senate was not in session, important work of the govern- 
 ment might be left undone. To call the Senate together in 
 extra session for the single purpose of ratifying a nomina- 
 tion would be too expensive. The President in such cases 
 may issue commissions to persons without the consent of 
 the Senate. These commissions, however, last only till the 
 end of the next session of the Senate. The commission 
 granted by the President is only temporary. When the 
 Senate meets in regular session it becomes the President's 
 duty to send in another nomination, which, if confirmed, 
 would be for the regular term of office. 
 
 The Senate at the opening of each session is occupied 
 with much important business. If the President's com- 
 missions expired at the beginning of the session the work 
 would be much increased. To avoid this, these commis- 
 sions expire at the end of the session. Again, the Senate 
 might refuse to confirm the nominations sent by the Presi- 
 dent. If the commissions granted by the President were 
 to expire at the beginning of the session the offices might 
 be vacant during the entire time that the Senate was in 
 session, because of its failure to confirm the nominee. Hence 
 the commissions last until the end of the session. 
 
 Appointments to which the approval of the Senate is 
 
200 CIVIL GOVERNMENT. 
 
 necessary are here meant. Appointments vested in the 
 heads of departments and courts of law may be made at 
 any time without further action. 
 
 Further Powers and Duties. 
 
 Sec. m. He shall from time to time give to the Congress 
 information of the state of the Union, and recommend to 
 their consideration such measures as he shall judge neces- 
 sary and expedient; he may, on extraordinary occasions, 
 convene both Houses, or either of them, and, in case of 
 disagreement between them with respect to the time of 
 adjournment, 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 faith- 
 fully executed, and shall commission all the oflBcers of the 
 United States. 
 
 Different Duties of the President. — " He shall from 
 time to time give to the Congress information of the state of 
 the Union." The President does this by means of commu- 
 nications, either oral or written. These communications are 
 called "messages." Washington and John Adams read 
 their messages to Congress, but, beginning with Jefferson, 
 all the Presidents since that time have sent written com- 
 munications to both houses. 
 
 When the country is in a bad condition it may be neces- 
 sary to send frequent messages, while in times of prosperity 
 but few are sent. Congressmen do not know everything 
 which occurs in conducting the government, and the mes- 
 sages which are sent give them information so that they 
 can act wisely on the recommendations of the President. 
 
 Extraordinary Sessions. — Congress meets every year in 
 regular session. This session seldom lasts more than six 
 months. When their business is finished they adjourn. 
 Various things might happen during the recess which wc^^^ 
 
THE EXECUTIVE DEPARTMENT. 201 
 
 require the immediate attention of Congress. In such 
 urgent cases the President has the power to call an ex- 
 traordinary session. This he does by proclamation. 
 
 If but one house is needed to transact the necessary 
 business, that house only is assembled ; but for the making 
 of laws both houses are convened. Thus, to elect a Presi- 
 dent when the electors have failed would require the House 
 of Representatives, while to elect a Vice-President or to 
 ratify a treaty the Senate only would be required. 
 
 Some instances of these extraordinary sessions occurred 
 in the following administrations : 
 
 John Adams (1797-1801), French affairs, 1797. 
 
 James Madison (1809-1817), English affairs, 1809. 
 
 Martin Van Buren (1837-1841), panic of 1837. 
 
 Harrison and Tyler (1841-1845), finance and revenue, 1841. 
 
 Abraham Lincoln (1861-1865), secession, 1861. 
 
 Rutherford B. Hayes (1877-1881), to appropriate for the army, 1879. 
 
 Grover Cleveland (1893-1897), panic of 1893. 
 
 William McKinley (1897-1901), finance and revenue, 1897. 
 
 When (kjngress cannot agree on a date for adjournment 
 the President may interfere and name the date. 
 
 The President receives the visits of all representatives of 
 foreign countries. When an ambassador from a foreign 
 country arrives he is taken by the Secretary of State and 
 introduced to the President. 
 
 One of the most important duties of the President is to 
 see that the laws of the country are executed. This is 
 accomplished by the various officers under the government, 
 the President doing only the directing. 
 
 The laws of the United States are : 
 
 1. The Constitution. 
 
 2. All bills which have become laws since 1789. 
 
 3. All treaties which have been made since 1789. 
 
202 
 
 CIVIL GOVERNMENT. 
 
 Duties and Powers 
 of the President of 
 the United States . 
 
 Commander-in-chief of army and navy, 
 and of the militia in time of war. 
 
 May require opinions of cabinet officers. 
 
 Grants reprieves and pardons in offences 
 against the United States, except in 
 cases of impeachment. 
 
 "With the consent of the Senate, makes 
 treaties. 
 
 Nominates officers, with consent of a 
 majority of Senators. 
 
 Fills vacancies during recess of Senate. 
 
 Sends messages to Congress. 
 
 May call extraordinary sessions of Con- 
 gress. 
 
 May fix time for adjournment of Con- 
 gress if that body disagrees as to a 
 time. 
 
 Keceives ambassadors. 
 
 Executes the laws of the United States. 
 
 Issues commissions to fill vacancies dur- 
 ing the recess of the Senate. 
 
 Of Impeachment. 
 
 Sec. IV. The President, Vice-President, and all civil oflB- 
 cers of the United States, shall be removed from oflflce on 
 impeachment for, and conviction of, treason, bribery, or 
 other high crimes and misdemeanors. 
 
 Impeachment of Civil Officers. — ^The President, Vice- 
 President, cabinet officers, and judges are the men who 
 perform important work in the management of the affairs 
 of the land. These are known as civil officers. A civil 
 officer is one who directly helps to conduct the affairs of 
 the government. 
 
 Impeachment is the accusation against a person for im- 
 proper conduct in office. 
 
 Conviction is the result of a trial, the person being found 
 guilty. 
 
THE EXECUTIVE DEPARTMENT. 203 
 
 Treason is the act of a citizen in : 
 
 1. Levying war against the United States. 
 
 2, Giving aid and comfort to the enemies of the United States. 
 
 Bribery is the giving of something of value to influence 
 the action of a person. 
 
 Misdemeanor is any wrong action committed by an officer 
 while in office. 
 
 Treason and bribery are higher misdemeanors than others, 
 such as stealing and arson. 
 
 All civil officers, from the President down to the lowest 
 under the government, can be removed from office when 
 found guilty by impeachment by the Senate. 
 
 Oourt-Martial. — While civil officers are tried by im- 
 peachment for various misdemeanors, military officers are 
 tried by court-martial. The court consists of a number of 
 military officers appointed to try the case. If the person is 
 found guilty, and the findings of the court are approved, 
 the sentence is carried out. We thus see that military 
 officers are held accountable for their actions as well as 
 civil officers. Privates in the army and navy are also tried 
 by court-martial. 
 
 SUMMARY. 
 
 1. A distinct executive branch is a necessary adjunct to every gov- 
 ernment. The Constitution provides for such a department. The 
 chief officer is known as the President. 
 
 2. The President is not elected directly by the citizens but by Presi- 
 dential electors. The number of these in the several states varies 
 according to population. The majority of the entire number is re- 
 quired to elect. 
 
 3. When no person receives a majority the House of Representa- 
 tives elects the President. This is done because the House is chosen 
 directly by the people. 
 
204 CIVIL GOVERNMENT. 
 
 4. The Vice-President is elected in the same manner as the Presi- 
 dent. When the electors fail to choose a Vice-President the Senate 
 makes the selection. 
 
 5. To make Presidential elections uniform Congress has the power 
 to appoint the day for the election of electors. Congress has fixed the 
 first Tuesday after the first Monday in November as the day. 
 
 6. The President and Vice-President must have the same qualifica- 
 tions, — ^viz., natural born, thirty-five years of age, and fourteen years 
 a resident of the United States. 
 
 7. There is no possibility of a vacancy ever existing in the office of 
 President. The Constitution provides for the succession of the Vice- 
 President, and Congress has arranged the succession through the 
 cabinet. 
 
 8. An oath or affirmation of office must be taken by the President 
 and Vice-President. 
 
 9. The President is commander-in-chief of the army and navy of 
 the United States, and of the militia in time of war. He has power 
 over all executive departments. He can grant reprieves and pardons 
 to criminals who have violated United States laws. 
 
 10. In conjunction with the Senate, the President makes treaties and 
 appoints officers. 
 
 11. When Congress is not in session the President can appoint 
 officers without the consent of the Senate, but the terms of such ap- 
 pointees are only to the end of the next session of the Senate. 
 
 12. The President informs Congress of affairs in the United States ; 
 makes recommendations to Congress in reference to legislation ; can 
 call extraordinary sessions of Congress when necessary ; can adjourn 
 Congress when that body disagrees as to a date for adjournment ; sees 
 that the laws are executed ; receives ambassadors ; and grants com- 
 missions to all officers. 
 
 13. All officers may be removed from office when impeached and 
 found guilty. 
 
 QUESTIONS. 
 
 1. Tell why an executive department is a necessity. 
 
 2. Compare the Executive Department under the Constitution with 
 the law-enforcing power under the Articles of Confederation. 
 
THE EXECUTIVE DEPARTMENT. 205 
 
 3. Discuss the Presidential term of office, showing the advantages 
 of long and short terms. 
 
 4. How are common laws made ? Give an illustration. 
 
 5. Write in a column, with proper dates, all Presidents who served 
 two terms. In another column, all those who served but one term. 
 
 6. About Presidential electors, state : (a) Their office ; {b) The 
 number in each State ; (c) Those who are ineligible ; {d) How they 
 are selected ; (e) How they are elected. 
 
 7. In the Constitution two methods of electing the President and 
 Vice-President are provided. Which one is used at present? Why is 
 the other not used ? 
 
 8. Explain in detail the work of the electors who are chosen at the 
 election. 
 
 9. What is meant by the Electoral College ? 
 
 10. What vote is necessary to elect a President or Vice-President 
 in the Electoral College ? 
 
 11. The election in the House : (a) When does this body elect a 
 President? (b) What constitutes a quorum on this occasion ? (c) How 
 is the vote taken? (ct) How many candidates may there be for the 
 office of President ? (e) What vote is necessary to a choice ? (/) 
 Enumerate the Presidents thus elected. 
 
 12. How was the Hayes-Tilden contest decided? 
 
 13. The President. Make an outline showing the way in which 
 each of the following performs its work : (a) The Electoral College ; 
 (b) The House of Representatives ; (c) The Electoral Commission. 
 
 14. What is the title of the chief executive of your State ? 
 
 15. What is his term of office ? 
 
 16. By whom is he elected ? 
 
 17. In case he is not chosen in the regular way, what provision does 
 the State constitution provide for the election of such officer? What 
 vote is necessary to elect on such an occasion ? 
 
 18. Name five men who have served in this office in your State. 
 
 19. Describe the usual way of electing a Vice-President. 
 
 20. Election of the Vice-President by the Senate : (a) When does 
 the Senate exercise this power ? (b) How many candidates are allowed 
 on this occasion ? (c) What constitutes a quorum ? (d) What is the 
 number of votes necessary to elect ? (e) How is the vote taken ? (J) 
 Mention an illustration of this method. 
 
206 CIVIL GOVERNMENT. 
 
 21. The Vice-President. Make an outline showing the manner in 
 which each of the following performs its work : (a) The Electoral 
 College ; (b) The Senate. 
 
 22. What officer in your State corresponds to the Vice-President? 
 How is he elected ? * What is his term of office ? What are his duties ? 
 When the regular method of electing fails, what other method does 
 your State constitution provide ? 
 
 23. Define : (a) Minority President ; (b) Majority President. Illus- 
 trate by names of candidates, the names of States, and the votes for 
 each candidate. 
 
 24. What advantage results from the fixing of the time by Congress 
 for a general election ? 
 
 25. Name the different dates fixed by Congress for Presidential 
 purposes. 
 
 26. Name the qualifications of the President and Vice-President. 
 
 27. Make a table showing comparisons in qualifications of United 
 States Senator, United States Representative, President, Vice-President, 
 Governor, Lieutenant-Governor, State Senator, and State Represent- 
 ative. 
 
 28. What provision has been made to keep the office of President 
 always filled ? 
 
 29. Give the salary of each of the following : President, Vice- 
 President, cabinet officer, United States Senator, United States 
 Representative, Governor, Lieutenant-Governor, State Senator, State 
 Representative. 
 
 30. Define : (a) Oath ; (b) Affirmation. State the purposes of 
 each. 
 
 31. What officers in your State are required to take an oath or 
 affirmation ? 
 
 32. In reference to the President and Governor, state : (a) What 
 power each has over an army and navy ; (b) What power each has 
 over the different executive departments ; (c) What power each has to 
 grant reprieves and pardons. 
 
 33. Name the different executive departments in the nation and in 
 your State. 
 
 34. About reprieves and pardons, tell : (a) What they are ; (b) How 
 this power may be abused ; (c) Wherein there is an advantage ; {d) 
 An illustration from history where a pardon was granted. 
 
THE EXECUTIVE DEPARTMENT. 207 
 
 35. Treaties : (a) Define the term ; (6) On what subjects made ; 
 (c) Method of making ; {d) How ratified in the United States ; (e) Five 
 illustrations. 
 
 36. Mention five officers appointed jointly by the President and the 
 Senate. State the work performed by each. 
 
 37. Why should the President appoint to office when the Senate is 
 not in session, and why is it right that the term of office of such 
 appointee should last only to the end of the next session of Congress ? 
 
 38. Who appoints officers in your State ? Mention five such officers 
 and tell the work performed by each. 
 
 39. What powers does the President possess other than those 
 already answered ? 
 
 40. What officers are subject to impeachment ? 
 
 41. Explain department, executive, term of office, elector, lists, 
 majority, commission, qualifications, vacancy. 
 
 42. Explain cabinet, treaty, ambassador, minister, consul, misde- 
 meanor. 
 
CHAPTER XII. 
 THE JUDICIAL DEPARTMENT. 
 
 Justice. — Many attempts have been made to illustrate the 
 meaning of justice. The pictures of Justice usually show 
 a woman blindfolded and holding a balance in her hand. 
 The pans of the balance are arranged so that both are on 
 the same level. This symbolizes fairness or justice. 
 
 Nothing tends to make a government stronger than the 
 feeling which the people have of securing justice from the 
 courts. The courts being the only place where disagree- 
 ments are legally settled, the distrust caused by an un- 
 principled court would be wide-spread. 
 
 In an immense country there are many people of principle. 
 These people would sacrifice almost anything rather than 
 have their rights infringed. Vicious and depraved persons, 
 who are continually encroaching on the rights of the former, 
 are also numerous. Where the courts do not exercise their 
 power to attempt to stamp out the latter class, crime tends 
 to increase. 
 
 When the courts are in bad repute with the people the 
 latter become so alarmed that they frequently resort to 
 another method of securing justice. This method is not 
 legal so far as the laws of the country are concerned, but it 
 secures a fairness by force when it cannot be obtained from 
 the courts. This is taking the law into one's own hands. 
 Punishment which meets the approbation of the people 
 is inflicted upon the offender. 
 
 It is well to secure justice in the way provided by the 
 laws of the land. This necessarily means good laws, and 
 
 208 
 
THE JUDICIAL DEPARTMENT. 209 
 
 principled judges to carry them out. In this country, 
 where the citizens have the right to choose the representa- 
 tives who attend to both, it is very strange that there is so 
 much injustice. The greatest injustice comes from the 
 judges. Long terms of office and fixed and large salaries 
 have been given to make them independent of influence 
 and fearless in the performance of their duties. It is not 
 long terms or large salaries, however, but true manhood 
 that prevents injustice. This quality is rarer than years or 
 dollars, and will give a courage that terms and salary never 
 can. 
 
 In relation to the welfare of the people, the Judicial De- 
 partment is more closely connected than any other. There- 
 fore, the judges should be men of superior qualifications. 
 They must have a clear idea of right and wrong ; they must 
 be men of honor and principle ; they must scorn anything 
 which is in the nature of a bribe or influence ; they must 
 be true ; in all, they should be men not only in form but 
 also in mind. That which leads them to fear God will help 
 them to respect man, to be true to themselves and their 
 fellow-men. 
 
 Complexity of the Law. — A strange state of affairs ex- 
 ists in our laws. Very few people, in comparison with the 
 many, understand them. Laws are made to be obeyed; 
 to be obeyed they should, first of all, be understood. A 
 man of proper education cannot understand many of the 
 laws which are made by the nation and States. Why this 
 strange condition ? It seems that legislators take particular 
 delight in having bills so worded that many cannot tell 
 what they are intended to mean. Other legal documents 
 are so worded that men of college education dispute as to 
 what is meant. Such a paper as a lease should be short 
 
 14 
 
210 CIVIL GOVERNMENT. 
 
 and worded in understandable English; yet the great 
 majority of people who sign these papers do not understand 
 their contents. That laws should be made in such an in- 
 comprehensible way is not very plain. It certainly is the 
 cause of many honest people being unconsciously led into 
 the breaking of laws. Lawyers, who have made a special 
 study of the subject, are the only ones who seem to under- 
 stand laws, and yet, not infrequently, they dispute among 
 themselves as to the meaning of a law. 
 
 The complexity of laws hinders justice. No man can 
 stand for his principle unless he have sufficient money to 
 hire one or more lawyers. This completely bars the poor, 
 and yet all the poor are not rogues. Justice is as much a 
 part of their happiness as it is of the rich. 
 
 There is room for reform in the wording of laws. Every 
 citizen should understand all laws made. The confusion 
 made by laws that cannot be understood frequently leads 
 men to suffer wrong in preference to going to court where 
 the case can be heard only after the expenditure of hundreds 
 of dollars. Justice should be free. To secure justice only 
 when you pay for it is no justice at all. 
 
 ARTICLE III. 
 
 Judicial Power concerning- the Jiidgres. 
 
 Sec. I. The judicial power of the United States shall be 
 vested in one Supreme Court, and in such inferior courts 
 as the Congress may from time to time ordain and es- 
 tablish. The judges, both of the Supreme and inferior 
 courts, shall hold their ofiBces during good behavior, and 
 shall, at stated times, receive for their services a com- 
 pensation, "Which shall not be diminished during their 
 continuance in oflBce. 
 
 The Judicial Department. — This department consists 
 of all the United States courts. Courts are those places 
 
THE JUDICIAL DEPARTMENT. 211 
 
 where the laws are explained and where persons accused 
 of crime are tried and sentenced, if found guilty. When 
 the judges are of a high character justice will be given to 
 every one. It will be seen that the Judicial Department is 
 one of importance, as upon it depends justice. One of the 
 objects of the Constitution was " to establish justice." Only 
 to a certain extent has this object been accomplished. It 
 is, however, an improvement over the same topic in colonial 
 times. 
 
 Under the Articles of Confederation there was no national 
 Judicial Department, and therefore no United States courts. 
 The highest courts at that time were those of the States. 
 Each State had its own courts, and the decisions of these 
 in many cases favored their own citizens. The decisions of 
 one State court were frequently opposed to those of another, 
 causing constant disputes. Under the Constitution, each 
 State still retains its own courts, but a court higher than any 
 of these is established. This higher court is the Supreme 
 Court of the United States. Persons dissatisfied with the 
 decision of a State court can appeal to this higher court. 
 
 United States Courts. — In 1789 there were but thirteen 
 States and comparatively few people. It was apparent that 
 the country in the course of time would expand in all 
 directions, hence it was not known just how many federal 
 courts would be needed. The Constitution established the 
 Supreme Court of the United States, and, in order to meet 
 future contingencies, it gave Congress the power to estab- 
 lish new courts whenever necessary. These are the courts 
 of the United States : 
 
 One Supreme Court, established by the Constitution. 
 Nine Circuit Courts, established by Congress. 
 Sixty-five District Courts, established by Congress. 
 
212 CIVIL GOVERNMENT. 
 
 One Court of Claims, established by Congress. 
 
 One Court of the District of Columbia, established by Congress. 
 
 Three Territorial Courts, established by Congress. 
 
 The Supreme Court decides cases from all over the 
 United States. 
 
 The United States is divided into nine parts, each part 
 being called a circuit. The circuit is a division of the 
 United States for court purposes. It is not arranged for 
 area but for population. The court in each circuit is known 
 as the Circuit Court. The Supreme Court has nine judges. 
 When this court is not in session each Supreme Court 
 judge must visit the circuit assigned to him. Sometimes 
 the Supreme Court judge cannot go to his circuit because 
 of business in the Supreme Court. In this case the v^rork 
 of the Circuit Court is not stopped, because the Court has 
 regular judges. The nine circuits are : 
 
 1. Maine, New Hampshire, Massachusetts, and Rhode Island. 
 
 2. Vermont, Connecticut, and New York. 
 
 3. New Jersey, Pennsylvania, and Delaware. 
 
 4. Maryland, Virginia, West 'Virginia, North Carolina, and South 
 Carolina. 
 
 . 6. Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas. 
 
 6. Ohio, Michigan, Kentucky, and Tennessee. 
 
 7. Indiana, Illinois, and Wisconsin. 
 
 8. Minnesota, Iowa, Missouri, Kansas, Arkansas, Nebraska, Colo- 
 rado, Wyoming, North Dakota, South Dakota, and Utah. 
 
 9. CaUfornia, Oregon, Nevada, Idaho, Montana, and Washington. 
 
 The United States is also divided into sixty-five parts; 
 each part or district has a United States court known as 
 the District Court. Each District Court has but one judge. 
 Pennsylvania, for instance, has two United States District 
 Courts. One of these courts is located in Philadelphia and 
 
THE JUDICIAL DEPARTMENT. 213 
 
 the other in Pittsburg. Cases arising in Pennsylvania are 
 heard in one or the other of these two courts. 
 
 The Court of Claims decides cases from the entire 
 country. This court is situated in Washington, D. C. It 
 decides all claims for money which persons believe the 
 United States government owes them. 
 
 The Court of the District of Columbia decides cases 
 arising in the District. 
 
 Besides the courts just mentioned, there are Territorial 
 Courts for cases that arise in the Territories, and military 
 and naval courts. In the latter courts all offences com- 
 mitted within the army and navy are tried. 
 
 T^ . * ^, -.— .., «x ^ ^ o^ 1 — Civil cases. 
 
 Business of the United States Courts. -^ « ^ . . . 
 
 Cnminal cases. 
 
 ii 
 
 A civil case is one in which no crime has been committed. 
 It consists of disputes growing out of the breaking of con- 
 tracts and disagreements of parties concerning their respec- 
 tive rights. 
 
 A criminal case is one in which crime has been com- 
 mitted, resulting in the death or injury of a person or of 
 injury to his character or reputation. 
 
 The Circuit Courts generally deal with all civil suits 
 arising under the laws of the United States. 
 
 The District Courts generally deal with all criminal cases 
 arising under the federal laws, such as counterfeiting, fob- 
 bing the mails, national bank robberies, etc. 
 
 It must not be forgotten that the federal courts mostly 
 decide cases under the United States laws. Violation of 
 State and city laws are tried in State courts. Appeals from 
 the State courts, however, may be taken to the Supreme 
 Court of the United States. The decision of this court is 
 final. 
 
214 CIVIL GOVERNMENT. 
 
 The only respect in which our country is like a monarchy 
 is in the term of office of all federal judges. If they be- 
 have themselves well they may hold the office for life. 
 Several judges have held the office for thirty years. The 
 judges of the United States courts are appointed by the 
 President with the consent of the Senate. The salaries of 
 the judges cannot be diminished during their term of office. 
 The object of these two provisions — viz., to hold position 
 for life and the inability to reduce their salaries — is to make 
 them fearless in the performance of their duties and to 
 secure perfect justice in their decisions. No qualifications 
 are attached as a condition to hold the office of judge. 
 
 Extent of the Judicial Power. 
 
 Sec. n. 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 ambas- 
 sadors, other public ministers, and consuls ; to all cases of 
 ^.dmiralty and maritime jurisdiction; to controversies to 
 w^hich 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 ; be- 
 tween citizens of the same State claiming lanas under 
 grants of different States, and betw^een a State, or the 
 citizens thereof, and foreign States, citizens, or subjects. 
 
 Jurisdiction of the United States Courts. — Jurisdic- 
 tion is the authority which the courts exercise over differ- 
 ent cases. It may be said that the President has jurisdic- 
 tion in Alaska, meaning that the President has power or 
 authority to execute the laws in that place. 
 
 Jurisdiction of the federal courts extends to : 
 
 1. All cases in law and equity arising under the Constitution, the 
 laws of the United States, and treaties made, or which shall be made, 
 under the authority of the United States. 
 
THE JUDICIAL DEPARTMENT. 215 
 
 2. All cases affecting ambassadors, other public ministers, and 
 consuls. 
 
 3. All cases of admiralty and maritime jurisdiction. 
 
 4. Controversies to which the United States is a party. 
 
 5. Controversies between two or more States. 
 
 6. Controversies between a State and a citizen of another State. 
 
 7. Controversies between citizens of different States. 
 
 8. Controversies between citizens of the same State claiming lands 
 under grants of different States. 
 
 9. Controversies between a State, or the citizens thereof, and 
 foreign States, citizens, or subjects. 
 
 Equity. — A case upon which there is no law to base 
 decision is sometimes brought into court. The case is one 
 that should not be left undecided. It would postpone settle- 
 ment, and most likely it would come into court again. The 
 case, however, is a plain one, and the judge can easily de- 
 cide. This would be a case of equity. Equity applies to 
 those cases upon which there is no law. The object of 
 equity proceedings is to make justice more satisfactory and 
 complete by applying it to many cases not coming under the 
 written laws. 
 
 A Case arising under the Constitution. — The Constitu- 
 tion says that no State shall grant a title of nobility. If a 
 State should confer such title the United States court would 
 decide this as unconstitutional, because the Constitution 
 forbids it. 
 
 Example of a Case arising* under the Laws of the 
 United States. — Congress has made a law providing a 
 term of imprisonment as punishment for counterfeiting. If 
 a man is detected counterfeiting money, he is arrested and 
 tried in a federal court. 
 
216 CIVIL GOVERNMENT. 
 
 An Example of a Case affecting" Ambassadors. — Am- 
 bassadors, ministers, and consuls are officers representing 
 this country abroad. If any of these officers become en- 
 gaged in a suit, or commit a crime, the case would not be 
 settled abroad but in our own federal courts. 
 
 An Example of Admiralty and Maritime Jurisdiction. 
 — ^Admiralty and maritime cases both refer to those cases 
 which happen at sea. If a ship is on fire and another 
 vessel saves it from destruction, a sum of money is always 
 demanded by the rescuer. Disputes frequently arise as to 
 the amount. Such a dispute would be decided in a United 
 States court. 
 
 A Case in which the United States would be a Party. 
 — Not infrequently, the United States wishes to acquire 
 some land for the purpose of erecting government build- 
 ings. When no agreement can be made as to the price to 
 be paid for such land the matter is adjusted in the federal 
 courts. 
 
 An Example showing" a Controversy between States. 
 — When the boundaries between two States are not well 
 marked a dispute about the matter might arise. If not set- 
 tled by the States concerned, it would be a matter for the 
 United States courts to decide. 
 
 An Example of a Case between a State and a Citizen. 
 — A State makes a contract with a man. The man breaks 
 the contract, and the State sues him. The suit would be 
 tried in a United States eou-'t. 
 
 A Controversy between Citizens of different States. 
 — Mr. Allen, a merchant of Philadelphia, buys goods from 
 
THE JUDICIAL DEPARTMENT. 217 
 
 Mr. Strong, a merchant of New York, and refuses to pay 
 for them. The latter brings suit against Mr. Allen to com- 
 pel him to pay for the goods. The case may be heard in 
 one of the United States courts. 
 
 A Controversy between a State or its Citizens and 
 Foreign States, Citizens, or Subjects. — ^As citizens of dif- 
 ferent States can take their cases to the federal courts, so 
 also can citizens of foreign countries, having claims against 
 our States or citizens, bring suit in our United States 
 courts. 
 
 ARTICLE XI. 
 Of the Judicial Power. 
 
 The judicial power of the United States shall not be con- 
 strued 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. 
 
 This amendment was made a part of the Constitution in 
 1798. 
 
 A State cannot be sued by a Citizen in a Federal Court. 
 — It says in a preceding clause (Art. III., Sec. II., Clause 1) 
 that the authority of the federal courts extended to "a 
 State and a citizen of another State." This meant that a 
 State could be sued by citizens. At the beginning of the 
 government this part caused general dissatisfaction, as it 
 was considered improper for a State to be sued by an in- 
 dividual. An amendment was proposed in 1 794 and ratified 
 in 1798. This amendment says that no suits against a State 
 by citizens can be heard in a court of the United States. 
 Many States at first took advantage of this amendment to 
 repudiate their debts. The thought may arise in your 
 
218 CIVIL GOVERNMENT. 
 
 mind, How can a citizen receive justice if he have a clear 
 case against a State ? Many State constitutions contain a 
 clause prescribing the manner in v^hich such States can be 
 sued in certain cases. Of course, if such clause is not in 
 the State constitution that State cannot be sued. All dis- 
 putes of the same character must be tried in State courts 
 and not in the United States courts. 
 
 Original and Appellate Jurisdiction of the Supreme Court. 
 
 2. In all cases affecting ambassadors, other public minis- 
 ters, and consuls, and those in which a State shall be party, 
 the Supreme Court shall have original jurisdiction. In all 
 the other cases before mentioned the Supreme Court shall 
 have appellate jurisdiction, both as to law and fact, with 
 such exceptions, and under such regulations, as the Con- 
 gress shall make. 
 
 Kinds of Jurisdiction. — Original. — Jurisdiction means 
 the authority which the courts have to hear certain cases. 
 
 When a case is begun in a court in which it must be 
 settled, we say that that court has original jurisdiction in 
 this case. Original means first. Original jurisdiction is the 
 authority given to a court to begin and finally decide a case. 
 Original jurisdiction of the United States Supreme Court 
 extends to : 
 
 1. Ambassadors, public ministers, and consuls. 
 
 1. Between two or more States. 
 
 2. Between a State and citizens of another 
 State. 
 
 3. Between a State or its citizens and 
 foreign States or citizens. 
 
 2. Those in Tvhich a 
 State shall be a 
 party 
 
 The decisions of the United States Supreme Court are 
 final, hence its decisions in any of the preceding cases must 
 be accepted by all concerned. 
 
THE JUDICIAL DEPARTMENT. 219 
 
 Appellate Jurisdiction. — When the decision of a lower 
 court is not satisfactory to either party in a controversy the 
 case may be taken to the Supreme Court of the United 
 States. The removal of a case from a lower court to a higher 
 one is called an appeal, and the jurisdiction in such cases is 
 called appellate jurisdiction. Appellate jurisdiction is the 
 authority of the Supreme Court to grant another hearing to 
 a case that has already been heard and decided by a lower 
 court. The object of appellate jurisdiction is to make jus- 
 tice more complete and to correct any errors which might 
 have been made in a decision of a lower court. When the 
 Supreme Court decides in an appellate case its decision is 
 final. As illustrating appellate jurisdiction, a familiar case in 
 history occurs. Dred Scott, a slave, lived with his master in 
 the slave State of Missouri. His master took him to the free 
 State of Illinois. Some years afterwards he was brought 
 back to Missouri by his master and sold to another man, who 
 flogged him. Scott sued his master for damages, claiming 
 that the latter had no right to whip him, as he was a free 
 man. He claimed to be free on account of having been 
 taken to free soil. The case was tried in two State courts, 
 one of which decided in favor of the slave. The losing side 
 not being willing to accept the decision, it was finally 
 appealed to the Supreme Court of the United States, where, 
 in 1857, the case was decided in favor of the master. 
 The court decided that Scott's residence in a free State did 
 not make him free, therefore he did not have the right to 
 sue his master for damages. 
 
 The following shows the appellate jurisdiction of the 
 Supreme Court : 
 
 1. Cases arising under the Constitution, the United States laws, and 
 the treaties made by authority of the Constitution. 
 
 2. Admiralty and maritime jurisdiction. 
 
220 CIVIL GOVERNMENT. 
 
 3. Cases in which the United States shall be a party. 
 
 4. Controversies between citizens of different States. 
 
 5. Controversies between citizens of the same State, claiming lands 
 under grants of different States. 
 
 Trials for Crimes. 
 
 3. The trials 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 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. 
 
 Trial by Jury. — In olden times in England it was the 
 custom to sentence persons immediately without granting 
 them any regular trial. By this unfair method many 
 innocent persons oftentimes were either hanged or given 
 long terms of imprisonment. In 1215 the English people 
 became so aroused concerning this question that they re- 
 belled, and forced the king to grant them regular trials. 
 From that time to the present the right of trial by jury 
 has existed in England, and this right was embodied in the 
 Constitution of the United States. 
 
 A trial by jury is a hearing which takes place before 
 a number of men, who judge from the evidence given 
 whether a man is guilty or innocent of the crime of which 
 he is accused. 
 
 A common jury is composed of twelve citizens. The 
 membership of a jury changes from time to time. To 
 secure a decision in any case the twelve men must agree 
 on a verdict. If the jury does not agree it is discharged, 
 and the case is retried before another jury. 
 
 Impeachment is the only case which cannot be tried by 
 a common jury. As you remember, such cases are tried 
 by the Senate. 
 
THE JUDICIAL DEPARTMENT. 221 
 
 The Place of Trial. — All crimes must be tried at 
 the place where they were committed. If some crime 
 were committed in Ohio it would be very unjust to try 
 such a case in California. The object of this provision is 
 to secure justice to an accused pariy. When a crime is 
 committed, usually there are persons who see the deed. 
 These witnesses are important persons in a trial, as they 
 can give evidence showing who is the guilty party. If the 
 case were tried in another State these witnesses might not 
 be able to attend the trial ; consequently, important facts 
 would be omitted and the accused might suffer unjustly. 
 If the case were heard where the crime was committed 
 such persons could attend the trial. 
 
 When the crime is not committed in any State, such, for 
 instance, as on the high seas, Congress has the authority to 
 specify where the trial shall be held. 
 
 In 1898 a very peculiar case arose. In that year a party 
 in California sent some poisoned candy through the mails 
 to a person in Delaware. The person in Delaware ate of 
 the candy and soon died. The crime was traced to a 
 person in California, who was subsequently arrested. 
 When the case came to trial there was a great dispute 
 as to where the crime was committed ; was it 
 
 1. Where the crime was thought of, or, 
 
 2. Where the effect was felt? 
 
 It was decided that the crime was committed in California, 
 and the trial was held there. Such cases, fortunately, are 
 of rare occurrence. When they do happen there should 
 be no dispute as to where the trial should take place. The 
 punishment of the offender is of the greatest importance, 
 and nothing should hinder it. 
 
222 CIVIL GOVERNMENT. 
 
 The Alien Law. — This clause was almost violated during 
 John Adams's administration. A law was made in 1798 
 known as the Alien Law. This law gave the President 
 power to send out or expel from the country any foreigner 
 whose presence he deemed harmful to its interests. 
 
 If a foreigner thus expelled returned to the country he 
 was to be sent to prison. Such proceedings would have 
 prevented a person from having a trial by jury. To deny 
 a person this right would have been a violation of the Con- 
 stitution. The law created much dissatisfaction, and was 
 repealed. It was at no time enforced. 
 
 The passage of the alien law was the real beginning of 
 nullification. Kentucky declared that it would not obey 
 such a law, on the ground that it was unconstitutional. 
 Virginia also held similar views. 
 
 Treason— Conviction of. 
 
 Sec. m. 1. Treason against the United States shall con- 
 sist only in levjdng 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 w^it- 
 nesses to the same overt act, or on confession in open 
 court. 
 
 Treason. — Perhaps the greatest crime that can be com- 
 mitted is that of treason. It is an attempt of the citizens 
 of a country to overthrow the government. Such a crime 
 is even greater than murder. Murder results in the de- 
 struction of life, but treason aims at the death of a govern- 
 ment, a nation, thus really destroying the welfare of a 
 great number of people. There are, however, some rare 
 exceptions, when treason results in bringing about a reform. 
 When a great majority wish to overthrow a government 
 there must be something very wrong in that government 
 
THE JUDICIAL DEPARTMENT. 223 
 
 which should be altered immediately. If the objectionable 
 part is not corrected, treason may be committed by means 
 of a revolution. 
 
 The Colonies, in 1776, after their frequent petitions and ap- 
 peals had been denied, engaged in a revolution against Great 
 Britain. In this case treason resulted in an improved form 
 of government. 
 
 In this clause, however, it seems to speak of single or 
 separate acts of treason. In very few parts of the Consti- 
 tution is anything of this order exactly defined. To make 
 sure of the meaning of treason, it is fully explained by these 
 words as consisting " only in levying war against the United 
 States, or adhering to their enemies, giving them aid and 
 comfort." This definition was inserted to prevent any one 
 from saying that any minor crime which a person might 
 commit was treason. A person setting fire to a house com- 
 mits arson. This crime could not come under the head of 
 treason, as the definition does not apply. Hence a crime 
 of this kind could not be called treason. 
 
 The method of convicting a person accused of treason is 
 also plainly stated. Two persons who have seen the overt 
 act must testify that the accused party is the one who 
 committed it. Overt means open or public. Of course, 
 if the treason is executed in secret there would be no 
 witnesses to the act. If, however, the accused person 
 confesses that he did the act he can be convicted without 
 any witnesses. 
 
 1. Levying war against the United States. 
 Meaning . . -{ 2. Adhering to the enemies of the United 
 States or giving them aid and comfort. 
 
 Treason. 
 
 1. Testimony of two witnesses to the overt 
 . Conviction . \ act. 
 
 2. Confession by the accused. 
 
224 CIVIL GOVERNMENT. 
 
 Examples of Treason. — All the patriots who engaged 
 in the Revolutionary War from 1775 to 1783 were really- 
 guilty of treason against Great Britain. No one was ever 
 punished. Whenever treason becomes so wide-spread 
 there must be good reasons for it. So there were. Had 
 England treated her colonies in a proper manner there 
 would have been no Revolutionary War, and consequently 
 no treason. In cases similar to this one it is the duty of 
 those having charge of the government to listen to com- 
 plaints, and, if possible, change any objectionable part. By 
 doing this the dissatisfied people will become content, and 
 treason and revolutions will be averted. 
 
 Benedict Arnold was one of the most brilliant soldiers 
 in the Continental army. When the Revolutionary War 
 began he led the disastrous expedition against Quebec, where 
 he was wounded. Having returned, and being still lame, 
 he was made military governor of Philadelphia in 1778. 
 While here he lived extravagantly and soon became very 
 much involved in debt. He made an attempt to pay his 
 debts by defrauding others. This made him disliked by the 
 citizens, who finally preferred charges against him. He was 
 tried by court-martial and sentenced to be reprimanded by 
 Washington. This seems to have been the beginning of 
 Arnold's hatred for his countrymen. He soon asked to be 
 appointed to the command of West Point, an important 
 stronghold on the Hudson. It must be remembered that 
 Clinton and the British held New York City. 
 
 While at West Point he opened communications with 
 Clinton, who sent Major Andre to make arrangements to 
 transfer the fort to the English. On his return, Andre 
 was captured, and the treason of Arnold was discovered. 
 Arnold received warning in time to escape to New York. 
 
THE JUDICIAL DEPARTMENT. 225 
 
 He received a reward from the British, but was dishonored 
 by his countrymen, whom he attempted to destroy, and 
 later by the Enghsh whom he assisted. Andre was hanged, 
 not for treason but for being a spy. 
 
 Aaron Burr was Vice-President of the United States from 
 1801 to 1805. He fought a duel with Alexander Hamilton, 
 in which the latter was killed. Burr was so much disliked 
 by the people for this act that he was not renominated. 
 After this he seems to have formed a design for seizing part 
 of Texas and Louisiana and forming an independent coun- 
 try, of which he was to be the head. He was arrested for 
 treason in 1807. He was acquitted, as the evidence was 
 not strong enough to warrant his conviction. 
 
 General ■William Hull was the commander of an Amer- 
 ican force at Detroit during the War of 1812. He surren- 
 dered the place without making any resistance. He was 
 tried for treason and found guilty, but was pardoned by 
 President Madison. James Freeman Clarke says, " Public 
 opinion has long since revised this sentence, and the best 
 historians disapprove it." The defence offered by Hull was 
 that he surrendered in order to save the women and chil- 
 dren of Detroit from butchery at the hands of the Indians 
 who formed a part of Brock's force. 
 
 John Brown. — By the Kansas-Nebraska bill the people 
 of Kansas and Nebraska had the power to decide for them- 
 selves whether they would have slavery or not. The con- 
 sequence of this was that both North and South put forth 
 great efforts to secure the control of these Territories. On 
 the admission of these Territories as States, two additional 
 votes would be given to each in the Senate besides many 
 
 15 
 
226 CIVIL GOVERNMENT. 
 
 others in the House of Representatives. Many men from 
 both sides flocked into the disputed Territory, and riots 
 were of frequent occurrence. Among these men from the 
 North was John Brown. He had strong opinions in favor 
 of the slaves. After the dispute was settled in these Terri- 
 tories Brown and some twenty followers moved secretly 
 to Harper's Ferry, in Virginia. At this place a United States 
 arsenal was located. In 1859 this was seized by Brown 
 and his small band. In making the attack upon the arsenal 
 Brown expected that the slaves would rise up in insurrec- 
 tion, but this did not occur. He was soon captured, and 
 was charged with murder and treason. Being found guilty 
 of murder he was hanged. 
 
 Punishment of Treason. 
 
 2. The Congress shall have power to declare the punish- 
 ment of treason, but no attainder of treason shall work 
 corruption of blood, or forfeiture, except during the life of 
 the person attainted. 
 
 Punishment of Treason. — Congress has the power to 
 make a law saying what punishment shall be imposed for 
 the crime of treason. In the early times of England, per- 
 sons having bills of attainder passed against them were 
 punished in a cruel manner, all property was taken from 
 them, and all relatives were dishonored. 
 
 Although it is right that a person should be punished for 
 his misdeeds, it is wrong for any innocent relatives to suffer 
 for any actions against which they could not guard. In our 
 country this method has never been permitted. 
 
 An attainder of treason means that a person is found 
 guilty of treason. 
 
 A person having been found guilty of treason is punished, 
 and his property may be taken by the government and 
 
THE JUDICIAL DEPARTMENT. 227 
 
 never returned. All relatives, however, suffer no punish- 
 ment, and their property is not taken from them. The 
 meaning of this clause is that persons who commit treason 
 must alone be punished. 
 
 SUMMARY. 
 
 1. The Constitution provides a Judicial Department, in this re- 
 spect differing from the Articles of Confederation, as under the latter 
 no United States courts existed. 
 
 2. There is one Supreme Court, and the number of inferior courts 
 is regulated by Congress. No fixed term of office is provided for the 
 judges, the term being during life, if the behavior is good. Like 
 other officials, they receive a salary which cannot be diminished while 
 they hold office. 
 
 3. The authority of the courts is well marked, all cases to which it 
 extends being enumerated. 
 
 4. Some cases may begin directly in the Supreme Court, and are 
 there ended, while others may be brought up from the lower courts 
 for final adjustment. The former are known as "original cases," 
 while the latter are termed * * appellate cases. ' ' 
 
 5. Justice is secured to criminals by having the cases heard by 
 juries and also by having the trial conducted at the place where the 
 act was committed. 
 
 6. Treason is defined in the clause as ** consisting in levying war 
 against the United States, or in adhering to their enemies, giving 
 them aid and comfort." To convict a person of this crime, the per- 
 son must confess or two persons must have seen him do it. The 
 punishment to be inflicted upon a person found guilty of treason is 
 determined by Congress. 
 
 QUESTIONS. 
 
 1. What are the duties of the Judicial Department? 
 
 2. Compare the judicial powers under the Articles of Confederation 
 and under the Constitution. 
 
 3. Write an account of the advantages of a judicial department to 
 a government over one which has no such department. 
 
228 CIVIL GOVERNMENT. 
 
 4. About the Supreme Court, tell : (a) What it is ; (b) When and 
 how established ; (c) The number of judges ; {d) What the term of 
 office of a judge is ; (e) The compensation of the judges. 
 
 5. What is a Circuit Court? What is a District Court? 
 
 6. Write in a column the cases in which the national courts have 
 jurisdiction. 
 
 7. Quote that provision of the Constitution which prevents a citi- 
 zen from suing a State. 
 
 8. Define and explain : (a) Original jurisdiction ; (6) Appellate juris- 
 diction. 
 
 9. Make an outline. Call it Jurisdiction of the United States 
 Supreme Court. In it put : (a) Kinds of jurisdiction which it has ; 
 (b) Cases under each. 
 
 10. What is a jury? Where are trials held? 
 
 11. Tell about a law which violated the provision that every one 
 should have a trial by jury. 
 
 12. In reference to treason, state : (a) What it is ; (6) Why it is a 
 serious crime ; (c) What is necessary to convict a person accused of it ; 
 (d) Who fixes the punishment ; (e) What exception is made to this 
 punishment ; (/) Three cases of treason in the history of our country. 
 
 13. What department of your State government is similar to the 
 national Judicial Department ? 
 
 14. Name the State court corresponding to the United States Su- 
 preme Court, and the other inferior State courts. 
 
 15. About the State Supreme Court, tell : (a) What it is ; (b) When 
 and how it was established ; (c) The number of its judges ; (d) The 
 term of office of judges ; (e) What provision is made in regard to 
 compensation. 
 
 16. Explain the difference in the jurisdiction of the national and 
 State courts. 
 
 17. What relation exists between the Judicial Department of a 
 government and the welfare of the people ? 
 
 18. Find out the names of the judges of the United States Supreme 
 Court. Do the same with reference to your State Supreme Court. 
 
 19. Find out the name of the court nearest to where you live. 
 
 20. Explain judiciary, equity, controversy, jury, grand jury, overt, 
 attainder of treason. 
 
CHAPTER XIII. 
 
 MISOBUEiAlTEOUS PROVISIONS OF THE CONSTITUTION 
 OF THE UNITED STATES. 
 
 ARTICLE IV. 
 
 Each State to give Full Faith and Credit to the Public Acts and 
 Records of Other States. 
 
 Sec. I. Full faith and credit shall be given in each State 
 to the public acts, records, and judicial proceedings of every 
 other State. And the Congress may by general lavrs pre- 
 scribe the manner in which such acts, records, and proceed- 
 ings shall be proved, and the effect thereof. 
 
 State Records. — Public acts of a State are the laws made 
 by the Legislature and Governor of a State. Records are the 
 old laws and the facts about history and property which have 
 been preserved. Judicial proceedings refer to the records of 
 the courts. All proceedings of trials held by courts are 
 carefully preserved, so that they may be used for reference. 
 If, at any time, a State wishes to know anything in reference 
 to the laws, records, and judicial proceedings of another 
 State, such information can readily be secured. These 
 accounts must be accepted as the truth, and used as a basis 
 for decisions upon similar topics. Example: Cases alike 
 in many ways are frequently tried in different States in the 
 Union. The result in all should be identical. But, if the 
 result in the State in which certain cases are settled is not 
 known, the cases in another State might have a different 
 termination. The decisions in preceding cases may be 
 used as a basis in forming an opinion in similar ones. 
 
 229 
 
230 CIVIL GOVERNMENT. 
 
 Privileges of Citizens. 
 
 Sec. n. 1. The citizens of each State shall be entitled to 
 all privileges and immunities of citizens in the several 
 States. 
 
 Privileges of Citizens. — A privilege is a right possessed 
 by the people in any particular place. An immunity is a 
 special right possessed by some individuals and not by 
 others. 
 
 In some States there are certain rights accorded to the 
 citizens which those of other States do not possess. Dif- 
 ferent conditions may be the cause of this. But in every 
 State equal rights must be given to all who live therein. 
 In moving into another State, a man must be accorded all 
 the rights which exist in that State. 
 
 This clause insures equal privileges to every citizen of a 
 State, whether a native of the State or not. A person 
 visiting for a short time would enjoy these rights. The 
 purpose of this provision is to prevent a State from making 
 a law which would grant a right to some citizens and deny 
 the same right to others. In 1897 the Legislature of 
 Illinois made a law which gave the veterans of the Civil 
 War the preference over other men in civil service exami- 
 nations. If this law had become operative an immunity 
 would have been created. This immunity would have 
 been enjoyed only by a special few. The law was declared 
 unconstitutional, as being in direct opposition to this clause. 
 
 Fugitives from Justice. 
 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. 
 
MISCELLANEOUS PROVISIONS OF THE CONSTITUTION. 231 
 
 Return of Criminals. — Officers of the law have the 
 power to arrest criminals only within their own State. If a 
 criminal should flee from a State in which he had committed 
 a crime to another State, he would be beyond the jurisdic- 
 tion of the State from which he fled. If by such action the 
 offender could secure immunity from arrest, crime would 
 rapidly increase. Many would not fear the law, as it would 
 be very easy to escape punishment by fleeing to another 
 State. A person accused of a crime, and who takes refuge 
 in another State, is called a fugitive from justice. 
 
 The officers of the law in the State to which a criminal 
 has fled are notified, and, if possible, the criminal is captured 
 and placed in prison. The officers of the State from which 
 the criminal fled ask the executive or Governor of that State 
 to issue a requisition paper on the Governor of the State in 
 which the criminal has been arrested and is held in captivity. 
 This paper asks permission to remove the prisoner to the 
 State in which he committed the crime. If this permission 
 is granted the prisoner is taken back to the State where the 
 crime was committed, and is there tried. This is necessary, 
 as the Constitution says, " The trial of all crimes shall be 
 held where the said crime shall have been committed." 
 
 A requisition is a written demand from the Governor of 
 one State to the Governor of another for a prisoner who 
 has been arrested in the latter's State. 
 
 Extradition Treaties. — By means of treaties, agreed to 
 by all civilized countries, criminals fleeing from one country 
 to another can be returned. There are but few places to 
 which a person committing a crime can flee and be safe from 
 arrest, return, and punishment. These treaties are known 
 as " extradition treaties," and the papers providing for the 
 return of criminals are known as " extradition papers." An 
 
232 CIVIL GOVERNMENT. 
 
 extradition paper is a written demand from the ruler of one 
 country to the ruler of another for an escaped criminal 
 who has been arrested in the latter's country. 
 
 Fugritives from Service. 
 
 3. No person held to service or labor in one State, under 
 the laws thereof, escaping into another, shall, in conse- 
 quence of any law or regulation therein, be discharged 
 from such service or labor, but shall be delivered up on 
 claim of the party to w^hom such service or labor may 
 be due. 
 
 Fugitives from Labor. — This clause is really useless 
 now, as the class of persons to whom it applied no longer 
 exists. It related to persons bound to service or labor. 
 These were of two classes, — namely : 
 
 1. Apprentices. 
 
 2. Slaves. 
 
 During the colonial days it was the custom to send young 
 men to master mechanics to learn trades. The parents of 
 the young man agreed to allow him to go and work for the 
 master mechanic. The latter in turn agreed to clothe, 
 board, and teach the young man a trade. This agreement 
 was drawn up between the young man's parents and the 
 master mechanic, and was known as a contract. The 
 young man was termed an " apprentice." Sometimes the 
 man with whom he lived was severe. In such cases, it 
 frequently happened that the apprentice ran away. When 
 located, he was returned to serve the remainder of his time. 
 Benjamin Franklin, while a youth, was apprenticed to learn 
 the printer's trade. 
 
 Slaves were persons bound to service and labor. In this 
 respect a slave was like an apprentice, but there was this 
 
MISCELLANEOUS PROVISIONS OF THE CONSTITUTION. 233 
 
 great difference : a slave was compelled to serve for life, 
 while an apprentice served about four years. A slave, being 
 bound for life, would have a hard time if the master were 
 harsh. In such a case the desire of a slave to escape would 
 be greater than that of an apprentice. The value of a slave 
 was also much greater. At the beginning it was necessary 
 for the master to buy him, and the many years service which 
 the master expected would be gone if the slave escaped. 
 The desire to have a slave returned was therefore much 
 greater than in the case of an apprentice. 
 
 A slave who fled from one State to another was not free 
 from labor or service. The party from whom such slave 
 fled could notify the proper officers, and, if caught, the run- 
 away slave was returned to his owner or master. 
 
 The Fugitive Slave Law of 1850 was somewhat similar 
 to this clause. Many people of the North assisted runaway 
 slaves to escape to Canada, where they became free, as this 
 was another country. Many slaves gained their freedom 
 by this method, which was known as the "Underground 
 Railway." 
 
 The last two clauses are alike in that they provide for 
 the return of certain persons. One, however, provides for 
 the return of fugitives from justice, while the other provides 
 for the return of escaped persons from service or labor. 
 
 Admission of New States. 
 
 Sec. m. 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. 
 
234 CIVIL GOVERNMENT. 
 
 Territories. — All land that is under the authority of the 
 United States may be divided into three classes, — namely : 
 
 1. States. 
 
 2. Territories. 
 
 3. Colonies. 
 
 A State is a part of the United States, having a regular 
 form of government made in accordance with the provisions 
 of the Constitution and laws of the United States. All of 
 its affairs are conducted by its inhabitants. 
 
 A Territory is also a part of the United States, but it 
 is directly under the control of the national government. 
 The chief officers are appointed by the President, while 
 the minor officials are selected by the inhabitants. 
 
 It is true that a Territory has a form of government, but 
 it is solely controlled by the laws of the United States. But 
 in the case of a State, it has a separate constitution and 
 special laws enacted by its own Legislature. 
 
 A Colony is a tract of land over which the national gov- 
 ernment has absolute authority. It is not situated in the 
 main-land but at some distance from it. The first colonies 
 of the United States were obtained as a result of the war 
 with Spain in 1898. The colonies, when in proper condi- 
 tion, will become Territories. 
 
 The following are the differences between a State and a 
 Territory : 
 
 1. A State has representation in both branches of Congress, thus 
 having a voice in the making of national laws. A Territory has no 
 voice in the making of such laws, although each Territory is allowed 
 to have a delegate in the House of Representatives. The delegate 
 may speak on any subject pertaining to the interests of the Territory 
 which he represents, but is allowed no vote. 
 
 2. In a State the Governor and all State officials are elected by the 
 
MISCELLANEOUS PROVISIONS OF THE CONSTITUTION. 235 
 
 people of the State. In a Territory the President, with the consent 
 of the Senate, appoints the Governor and other important officials. 
 The people, however, are accorded the right to elect their own Legis- 
 lature. 
 
 3. States generally have a larger population, and the industries are 
 better developed than in a Territory. 
 
 4. The citizens of a State vote for President, while those in a Ter- 
 ritory do not. 
 
 All Territories will become States in the course of time. 
 Increase in population and a developed state of indus- 
 tries usually lead a Territory to seek admission into the 
 Union. 
 
 Change from Territory to a State. — ^When the people 
 of a Territory wish it to become a State, a resolution is 
 passed by the Territorial Legislature and sent to Congress, 
 asking permission to adopt a State constitution. If per- 
 mission is granted, elections for delegates to a constitutional 
 convention are held. The convention meets and adopts a 
 State constitution, which, after being ratified by the people, 
 is presented to Congress for its consideration. If Congress 
 approves it, a bill is introduced in that body for the admis- 
 sion of the Territory as a State. If the bill is passed and 
 signed by the President the Territory becomes a State. On 
 the Fourth of July following its admission a new star is 
 added to the flag. If Congress refuses to pass the bill the 
 Territory remains such till a future time. 
 
 States formed frora Parts of Old States. — There are 
 two things necessary before a State can be made from parts 
 of other States, — namely : 
 
 1. The consent of the States concerned. 
 
 2. The consent of Congress. 
 
236 CIVIL GOVERNMENT. 
 
 This is very important, as it prevents any disputes in 
 reference to the boundaries of States. In the history of 
 the United States there have been many serious disputes 
 growing out of boundary-lines. The Mexican War was 
 partially caused by this, and a war with England almost 
 resulted over the Oregon boundary. 
 
 The Treaty of 1783 definitely fixed the boundary of the 
 United States westward to the Mississippi. Almost every 
 State bordering on the Atlantic Ocean seized this oppor- 
 tunity to extend its territory. Much controversy necessarily 
 resulted, which bade fair to result in warfare. Perceiving 
 that there was no opportunity for a settlement of the dis- 
 pute, each State relinquished its claim to the government, 
 then controlled by the Second Continental Congress. The 
 territory thus relinquished was to be used as public land 
 and be under the direct control of Congress. 
 
 Congress then divided the land into two parts, — ^viz., 
 one north of the Ohio River, termed the Northwest Terri- 
 tory, and the other south of the Ohio River, termed the 
 Southwest Territory. Immigration soon set in, and each 
 Territory was divided into separate parts, given names, and 
 admitted into the Union as States. 
 
 If it were proposed to divide Texas into five new States, 
 it would be necessary for Texas and Congress to give their 
 consent before the division could be accomplished. If a 
 State were to be formed from parts of Pennsylvania, Ohio, 
 and West Virginia, the consent of the Legislature of each 
 of these States and also of Congress would be necessary. 
 During the Civil War West Virginia was admitted as a State 
 without the consent of Virginia, because the conditions then 
 existing prevented the getting ot the consent of the mother 
 State. 
 
 In 1789 there were thirteen States ; in 1901, forty-five. 
 
MISCELLANEOUS PROVISIONS OF THE CONSTITUTION. 237 
 
 states. Admitted. 
 
 Electoral 
 Vote. 
 
 Population 
 in 1900. 
 
 Area, 
 Square Miles. 
 
 1. Delaware .... 
 
 1789 
 
 3 
 
 184,735 
 
 2,060 
 
 2. Pennsylvania . 
 
 
 1789 
 
 34 
 
 6,301,365 
 
 46,215 
 
 3. New Jersey . . 
 
 
 1789 
 
 12 
 
 1.883,669 
 
 7,815 
 
 4. Georgia . . . 
 
 
 1789 
 
 13 
 
 2;216,329 
 
 69,476 
 
 5. Connecticut. 
 
 . 
 
 1789 
 
 7 
 
 908,365 
 
 4,990 
 
 6. Massachusetts . 
 
 . 
 
 1789 
 
 16 
 
 2,805,346 
 
 8,315 
 
 7. Maryland 
 
 . 
 
 1789 
 
 8 
 
 1,189,946 
 
 12,210 
 
 8. South Carolina . 
 
 1789 
 
 9 
 
 1,340,312 
 
 30,570 
 
 9. New Hampshire 
 
 1789 
 
 4 
 
 411,588 
 
 9,306 
 
 10. Virginia .... 
 
 1789 
 
 12 
 
 1,854,184 
 
 42,460 
 
 11. New York . 
 
 
 1789 
 
 39 
 
 7,268,009 
 
 49,170 
 
 12. North Carolina 
 
 \, , 
 
 1789 
 
 12 
 
 1,891,992 
 
 52,250 
 
 13. Khode Island 
 
 
 . 1790 
 
 4 
 
 428,556 
 
 1,250 
 
 14. Vermont . . 
 
 
 . 1791 
 
 4 
 
 343,641 
 
 9,565 
 
 15. Kentucky . 
 
 
 . 1792 
 
 13 
 
 2,147,174 
 
 40,400 
 
 16. Tennessee . . 
 
 
 1796 
 
 12 
 
 2,022,723 
 
 42,060 
 
 17. Ohio .... 
 
 
 1803 
 
 23 
 
 4,157,545 
 
 41,080 
 
 18. Louisiana 
 
 
 . 1812 
 
 9 
 
 1,381,627 
 
 48,720 
 
 19. Indiana . . 
 
 
 1816 
 
 16 
 
 2,516,463 
 
 86,360 
 
 20. Mississippi . 
 
 
 1817 
 
 10 
 
 1,551,372 
 
 46,810 
 
 21. Illinois. . . 
 
 
 1818 
 
 27 
 
 4,821,550 
 
 66,660 
 
 22. Alabama . . 
 
 
 1819 
 
 11 
 
 1,828,697 
 
 62,250 
 
 23. Maine . . . 
 
 
 1820 
 
 6 
 
 694,366 
 
 33,040 
 
 24. Missouri . . 
 
 
 1821 
 
 18 
 
 3,107,117 
 
 69,415 
 
 25. Arkansas , . 
 
 
 1836 
 
 9 
 
 1,311,564 
 
 63,850 
 
 26. Michigan . . 
 
 
 1837 
 
 14 
 
 2,419,782 
 
 63,915 
 
 27. Florida. . . 
 
 
 1845 
 
 5 
 
 528,542 
 
 68,680 
 
 28. Texas . . . 
 
 
 1845 
 
 18 
 
 3,048,828 
 
 266,780 
 
 29. Iowa. . . . 
 
 
 . 1846 
 
 13 
 
 2,251,829 
 
 56,025 
 
 30. Wisconsin . 
 
 
 1848 
 
 13 
 
 2,068,963 
 
 56,040 
 
 31. California . 
 
 
 1850 
 
 10 
 
 1,485,053 
 
 158,360 
 
 32. Minnesota . 
 
 
 1858 
 
 11 
 
 1,751,395 
 
 83,366 
 
 33. Oregon . . . 
 
 
 . 1859 
 
 4 
 
 413,532 
 
 96,030 
 
 34. Kansas . . , 
 
 
 1861 
 
 10 
 
 1,469,496 
 
 82,080 
 
 35. West Virginia 
 
 
 1863 
 
 7 
 
 958,900 
 
 24,780 
 
 36. Nevada . . 
 
 
 1864 
 
 3 
 
 42,334 
 
 110,700 
 
 37. Nebraska . . 
 
 
 . 1867 
 
 8 
 
 1,068,901 
 
 77,510 
 
 38. Colorado . . 
 
 
 1876 
 
 6 
 
 539,700 
 
 103,925 
 
 39. North Dakota 
 
 
 1889 
 
 4 
 
 319,040 
 
 70,795 
 
 40. South Dakota 
 
 
 1889 
 
 4 
 
 401,659 
 
 77,650 
 
 41. Montana . . 
 
 
 1889 
 
 3 
 
 243,289 
 
 146,080 
 
 42. Washington 
 
 
 1889 
 
 5 
 
 617,672 
 
 69,180 
 
 43. Idaho . . . 
 
 
 1890 
 
 3 
 
 161,771 
 
 84,400 
 
 44. Wyoming . 
 
 
 1890 
 
 3 
 
 92,531 
 
 97,890 
 
 46. Utah. . . . 
 
 
 1896 
 
 3 
 
 276,565 
 
 84,970 
 
238 
 
 CIVIL GOVERNMENT. 
 
 TBRRTTOEIBS OF THE UNITED STATES. 
 
 Territories. 
 
 Population in 1900. 
 
 Area, Square Miles. 
 
 1. New Mexico 
 
 2. Arizona 
 
 193,777 
 122,212 
 398,245 
 44,000 
 391,960 
 154,001 
 806,700 
 278,718 
 
 112,580 
 113,020 
 
 3. Oklahoma 
 
 4. Alaska 
 
 39,030 
 577,390 
 
 5. Indian 
 
 6. Hawaiian Islands 
 
 7. Porto Eico 
 
 8. District of Columbia .... 
 
 31,400 
 
 6,640 
 
 3,531 
 
 70 
 
 COLONIES OF THE UNITED STATES. 
 
 Colonies. 
 
 Population in 1890. 
 
 Area, Square Miles. 
 
 Cuba. (A republic in 1902) . 
 Philippine Islands 
 
 1,521,700 
 7,000,000 
 
 45,884 
 114,361 
 
 The United States has some control over the Samoan 
 Islands and the Guam Island in the Pacific Ocean. 
 
 The District of Columbia is different from a State or 
 a Territory. It is under the direct control of Congress. 
 There is no Governor or Legislature. The people residing 
 within the District have no vote. 
 
 The Growth of our Country. — The number of States 
 has increased very rapidly. This is due to the fact that 
 our country has grown in extent. After the Treaty of 1783 
 the territory of the United States extended from the Great 
 Lakes to Florida and from the Atlantic Ocean to the Missis- 
 sippi River. The expansion of the country has been due to 
 purchase, annexation, exploration, and conquest. The fol- 
 lowing are the additions to our country since its organization : 
 
MISCELLANEOUS PROVISIONS OF THE CONSTITUTION. 239 
 
 1. Louisiana, purchased from France in 1803 for $15,000,000. 
 
 2. Florida, purchased from Spain in 1819 for $5,000,000. 
 
 3. The annexation of Texas, in 1845. 
 
 4. California, purchased from Mexico in 1848 for $15,000,000. 
 
 5. Gadsden purchase, from Mexico, in 1853, for $10,000,000. 
 
 6. Oregon, by exploration, in 1792, 1803, and 1846. 
 
 7. Alaska, purchased from Russia in 1867 for $7,200,000. 
 
 8. Hawaiian Islands, by annexation, in 1898. 
 
 9. Cuba. (A republic in 1902.) 
 
 10. Philippine Islands, by war with Spain and purchase, in 1898. 
 
 11. Porto Rico, by war with Spain, in 1898. 
 
 12. Guam Island, by war with Spain, in 1898. 
 
 Territorial Expansion. — Governments whose authority 
 extends over millions of people and over territory great 
 in extent and not compact, but scattered in diverse parts 
 of the world, are much more difficult to rule than those 
 of which this is not true. When there are many people 
 it is more difficult to meet their wishes. Dissatisfaction re- 
 sults. Wide-spread dissatisfaction tends towards rebellion. 
 If the country be in one compact mass all parts are in 
 touch with the central government. When a nation has 
 colonies, governing becomes more difficult. Colonies are 
 always hard to rule. The people see no reason why they 
 should not be their own rulers. 
 
 Any nation having colonies must, as a matter of course, 
 deal with a variety of races totally different from its own. 
 The civilization of all will not be the same, thus adding 
 another difficulty to the government. The government in 
 a colony must be more or less of a military character. 
 The natives are prone at any time to have an uprising. 
 Without the soldiers the civil authorities oftentimes would 
 be put to death. Therefore such government becomes one 
 of force and submission. The support of the troops adds 
 
240 CIVIL GOVERNMENT. 
 
 a burden to the tax-payers at home, unless sufficient money- 
 is collected in the colony. In the opinion of many people, 
 the United States faced a serious and difficult problem by 
 assuming control of Hawaii, Porto Rico, and the Philippine 
 Islands, situated at great distances from the capital. This 
 complex problem was thrust upon President McKinley as a 
 result of the war with Spain. He and his advisers deemed 
 it best for the United States to assume direct control of the 
 islands. 
 
 It was maintained by those who favored the retention of 
 the islands that our government was fast forging to the 
 front among the nations of the world, and that in holding 
 this place it must act as a protector for weak and tyran- 
 nized peoples, thus performing a noble work for humanity. 
 Down-trodden races must be subjected to the elevating in- 
 fluences of an enlightened nation. Since the islands have 
 been in our charge schools have been established in every 
 village. It was further argued that their retention would 
 enhance the commercial interests of the United States by 
 opening new and promising fields. Immense tracts of 
 fertile and untilled lands await the hand of the scientific 
 American farmer to produce valuable crops. The climate 
 of these places being tropical, the productions of such 
 regions would increase our list of exchanges. 
 
 Thus our government in its rapid progress found it neces- 
 sary to govern people far from the home country. The 
 adopted people have been promised the fullest religious 
 and civil liberty as soon as they are qualified for self- 
 government. Already Cuba has been sent forth as an inde- 
 pendent nation, and Porto Rico is rapidly making progress 
 in all directions. Owing to the condition of the people of 
 the Philippine Islands, it will require serious effort and a 
 long time to prepare them for self-government. 
 
Long-itude West 66 30' 
 
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 PlayaVlZlaS^i^-^ ^ 
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 Furutas ,No. 
 
 Cacao _C*' I fxarailjito"^/ •Cambalache 
 
 Cienaga , J s Cofcobados^sh^^ ._* ^ ""!?t m m? i ■ i !j 
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 Same Scale as Large Map 
 
 MOM. (MTOII 
 
MISCELLANEOUS PROVISIONS OF THE CONSTITUTION. 241 
 
 Rules concerningr Territories. 
 
 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. 
 
 Government of Territories. — A Territory is under the 
 direct control of Congress and the President. Like the 
 nation and States, the government of a Territory consists 
 of three departments, — namely : 
 
 1. Legislative. 
 
 2. Judicial. 
 
 3. Executive. 
 
 The people residing in a Territory have the power to 
 elect the members of the Territorial Legislature. This con- 
 sists of two parts, — viz., the upper house or Council, and 
 the lower house or House of Representatives. 
 
 The courts are established by Congress, and the judges 
 are appointed by the President with the consent of the 
 Senate. The Governor is also appointed by the President 
 with the consent of the Senate. 
 
 " Other property" in the clause means post-offices, 
 national parks, navy-yards, and other national property. As 
 the nation owns these it is right that Congress should have 
 the power to make rules concerning their management. 
 
 Republican Form of Government guaranteed to every State. 
 
 Sec. IV. The United States shall guarantee to every State 
 in this Union a repubUcan form of government, and shall 
 protect each of them against invasion ; and, on application 
 of the Legislature, or of the Executive (when the Legis- 
 lature cannot be convened), against domestic violence. 
 
 16 
 
242 CIVIL GOVERNMENT. 
 
 Eepublican Form of Government guaranteed to Each 
 State. — Guarantee means to promise or secure. Congress 
 shall guarantee to each State : 
 
 1. A republican form of government. 
 
 2. Protection from invasion. 
 
 3. Protection against domestic violence. 
 
 A republican form of government is one in which the 
 authority is exercised by representatives chosen by the 
 people. If a strong political party should obtain control of 
 Kentucky and set up a monarchy therein, the present re- 
 publican form of government would be destroyed and the 
 people would lose many of their rights. In this case many 
 people would protest, and it would be the duty of the 
 national government to destroy the monarchical form and 
 restore the republican form. This is another good example 
 of how the rights of the people are safely guarded from the 
 schemes of those who might wish to overthrow the govern- 
 ment. 
 
 An invasion is the entering of a country by an armed 
 enemy. As States are not permitted to keep a standing 
 army or navy, it is the duty of the government to protect 
 the property of the citizens of a State when it is invaded. 
 In 1814 the English invaded our country and burned the 
 city of Washington. As our troops were stationed at differ- 
 ent places and could not assemble in time, the English were 
 unopposed. 
 
 Domestic violence means disturbances within the States, 
 such as riots and insurrections. Whenever these disturb- 
 ances arise the State authorities endeavor to quell them. 
 For this purpose the militia of the State is used. When 
 the disturbance is so great and violent that the militia is 
 
MISCELLANEOUS PROVISIONS OF THE CONSTITUTION. 243 
 
 unable to suppress it, the assistance of the United States 
 may be obtained by : 
 
 1. The application of the Legislature of the State. 
 
 2. The application of the Governor of the State when the Legis- 
 lature is not in session. 
 
 When the Legislature of a State is not in session the 
 Governor is given power to apPly for assistance from the 
 national government, because it would take too long a 
 time to convene the Legislature, and it would also be very 
 expensive. 
 
 When any State is in rebellion or insurrection against 
 the United States, it is not necessary to secure the consent 
 of the State to allow United States soldiers to enter that 
 State, nor is it considered necessary to have such consent 
 when the rights of the general government are disrespected. 
 President Washington sent soldiers to Pennsylvania to 
 crush the Whiskey Insurrection. President Jackson sent 
 troops to South Carolina to compel the payment of duties 
 on imported goods. During a strike in Illinois President 
 Cleveland sent troops to Chicago to secure the carrying of the 
 mails. In none of these cases did the States ask for troops. 
 
 ARTICLE V. 
 Amendments to the Constitution. 
 
 The Congress, T^henever two-thirds of both Houses shall 
 deem it necessary, shall propose amendments to this Con- 
 stitution, or, on the application of the Legislatures of two- 
 thirds of the several States, shall call a convention for 
 proposing amendments, w^hich, in either case, shall be vaUd 
 to all intents and purposes, as part of this Constitution, 
 when ratified by the Legislatures of three-fourths of the 
 several States, or by conventions in three-fourths thereof, 
 as the one or the other mode of ratification may be proposed 
 by the Congress : Provided, that no amendment which may 
 be made prior to the year one thousand eight hundred and 
 
244 CIVIL GOVERNMENT. 
 
 eight shall in any manner affect the first and fourth clauses 
 of the ninth section of the first article ; and that no State, 
 without its consent, shall be deprived of its equal suffrage 
 in the Senate. 
 
 Amendments. — When a constitution is adopted it is 
 for the future government of a State or nation. In thus 
 looking ahead it is not possible to make every part suit the 
 conditions which are likely to arise. In the course of a 
 hundred years people change considerably in ideas. Edu- 
 cation becomes more general. Many inventions and dis- 
 coveries make labor easier and life more comfortable. The 
 manners and customs also change. These changes may 
 necessitate alterations being made in the existing govern- 
 ment to suit the new conditions. These changes can be 
 made either by adopting an entirely new constitution or by 
 changing that part of the old which no longer applies. Of 
 these two methods the latter is to be preferred, as it is 
 easier and saves considerable time. 
 
 An alteration of any part of a constitution is called an 
 amendment. The makers of the Constitution knew that a 
 time would come when amendments would be needed, so 
 they inserted a clause describing the manner in which this 
 could be done. The following amendments have been made 
 to the Constitution : 
 
 First ten in 1791, Washington's administration. 
 Eleventh in 1798, John Adams's administration. 
 Twelfth in 1804, Jefferson's administration. 
 Thirteenth in 1865, Johnson's administration. 
 Fourteenth in 1868, Johnson's administration. 
 Fifteenth in 1870, Grant's administration. 
 
 Method of amending. — There are two parts in the 
 process of making an amendment a part of the Constitution. 
 It must first be proposed, and then ratified. 
 
MISCELLANEOUS PROVISIONS OF THE CONSTITUTION. 245 
 
 Two "Ways of proposing 
 Amendments 
 
 By Congress ; vote, two-thirds of 
 both houses. 
 
 By a convention, called hy Congress, 
 when the Legislatures of two-thirda 
 of the States apply for it. 
 
 Of these two methods of proposing amendments the 
 first is the simpler. As Congress represents the people, a 
 vote on an amendment by it would really be a vote of the 
 people themselves. 
 
 A convention is a meeting of delegates chosen by the 
 people to consider and propose an amendment. In case 
 a convention is to be held, it is necessary to hold a special 
 election to select delegates to attend it. This would take 
 time, and would be very expensive. It is probable that the 
 delegates to such a convention would do no better than the 
 Congressmen. 
 
 Ratify means to approve or to give consent to. 
 
 Tw^o "Ways of ratif^dngr 
 Amendments ..... 
 
 1. By three-fourths of the Legislatures 
 
 of the States. 
 
 2. By conventions in three-fourths of 
 
 the States. 
 
 The first method seems to be better than the second for 
 ratifying an amendment. The members of the State Legis- 
 latures are chosen directly by the people, and, being already 
 chosen, no special election is required. It is also a more 
 rapid way, as the choosing of delegates to a convention 
 involves considerable time. 
 
 Congress has the power to select the way in which 
 amendments are to be ratified. The fifteen amendments 
 which have become a part of the Constitution were all 
 proposed by Congress and ratified by the State Legislatures. 
 This has worked so well that it is likely that the other 
 method will never be used. 
 
246 CIVIL GOVERNMENT. 
 
 A larger vote is required to ratify than to propose an 
 amendment. This is because an amendment has very 
 important effects, and no change should be made in the 
 Constitution unless a great number consent to it. When 
 an amendment is ratified by the requisite number of States 
 any State which opposed it must obey it just the same as if 
 it had ratified it. 
 
 Exceptions to the 
 Power of 
 Amendment . . 
 
 1. No amendment prohibiting the slave-trade 
 
 could be made before 1808. 
 
 2. No amendment to the method of laying a 
 
 direct tax which was in operation could be 
 made before 1808. 
 
 3. No State can, without its consent, be com- 
 
 pelled to lose its equal right in the Senate. 
 
 These exceptions were the result of compromises in the 
 Constitutional Convention of 1787, by which the consent 
 of the States to the ratification of the Constitution was 
 secured. 
 
 The first two exceptions were caused by slavery, and, 
 since this no longer exists, they are now only a matter of 
 history. By the first the importation of slaves could con- 
 tinue without interruption until the year 1808. In that 
 year a law went into effect by which the slave-trade was 
 stopped. This does not mean that the slave-traffic within 
 the United States ceased, but that the importation of slaves 
 from foreign countries stopped. 
 
 The third exception is still in force, and probably never 
 will be changed. No State will give its consent to lose 
 either of its two votes in the Senate, and without its consent 
 this cannot be done. 
 
 New Method of Direct Taxation. — Under the original 
 article, direct taxes were laid on the population. In com- 
 
MISCELLANEOUS PROVISIONS OF THE CONSTITUTION. 247 
 
 puting the population, only three-fifths of the slaves were 
 counted. By the Fourteenth Amendment this was changed. 
 There being no slaves, every negro is counted as one instead 
 of three-fifths of a man, as under the old clause. The fol- 
 lowing is the manner of laying direct taxes as compared to 
 the method previous to 1868. Let us take the State of 
 South Carolina as an example. 
 
 1800. 
 
 
 1870. 
 
 W hite persons . . . 
 Slaves (f of 100,000) . 
 
 . 200,000 
 . 60,000 
 
 White persons .... 400,000 
 Freedmen 120,000 
 
 Population . . . 
 
 . 260,000 
 
 Population .... 620,000 
 
 Tax per person, 
 
 $1.00. 
 
 Tax per person, $1.00 
 
 260,000 at $1.00 each -- 
 
 = $260,000. 
 
 520,000 at $1.00 each = $520,000. 
 
 
 ABTICLE VI. 
 
 
 Public Debt. 
 
 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. 
 
 Honesty. — The existing period is well marked by the 
 never-ceasing search after money. The chief aim in life 
 appears to be the accumulation of wealth. Accompanying 
 this desire are other characteristics, such as deceit, flattery, 
 and dishonesty. All of these tend to degrade. The rugged 
 honesty of the colonists forms a pleasant picture in recollec- 
 tion. Right traits of character are sources of pleasure to 
 the possessor and beholder. Honesty does not have a 
 value in dollars ; its value lies in the freedom of conscience 
 which its possession gives. 
 
 Honesty is a potent element in a man's character. A 
 good reputation is the result of proper action towards those 
 
248 CIVIL GOVERNMENT. 
 
 around us. Honesty means truthfulness. This is the 
 meaning of the word when used in connection with social 
 affairs. Promises made in conversations and in letters 
 are honestly fulfilled. The respect given to a person pos- 
 sessing this quality is limitless. Even those who do not 
 have honesty in this sense are ready to attest the honor 
 that should be given to those who have. Honesty is used 
 in another and perhaps broader manner. In business and 
 where money is concerned the word fmds its home. A 
 man pays all his debts regularly and meets all his notes in 
 due time ; this man is also called honest. In commercial 
 circles he is as much respected as the other in society. 
 When young in business it was necessary for him to give 
 security for the payment of his bills or else the amount 
 of his purchases was limited. All bills having been met 
 regularly, he slowly acquired a reputation for honesty. 
 Credit is a close follower of honesty. Now the man can 
 secure almost any amount of credit, and the payment can be 
 deferred to any time. No fear is felt as to its payment. It 
 will be paid. Wholesale business houses have many illus- 
 trations : some of their patrons can secure any amount of 
 goods from them without security, while others must pay 
 immediately or on delivery of goods. 
 
 Honesty in business and honesty in society are so 
 closely allied that where the one is found the other will of 
 necessity be there also. The desire for a reputation for 
 honesty should be strong in every one. It is a trait acquired 
 partly by habit. Every truthful statement, every debt paid 
 help to form a habit which will have its own reward. 
 
 It has been truthfully said that " An honest man is the 
 noblest work of God." 
 
 The sense of honesty was strong in the men of 1787. 
 The immense debt contracted by the Second Continental 
 
MISCELLANEOUS PROVISIONS OF THE CONSTITUTION. 249 
 
 Congress could easily have been repudiated. The noble 
 thought, however, of taking this debt and making it com- 
 pulsory on the new government is strikingly illustrated by 
 the provision of this clause. The confidence thus created 
 in the new government was a means of strengthening it, 
 and was one of the reasons for its successful inception. 
 
 Payment of Old Debts. — By the change of the form of 
 government in 1789, it would have been a very simple 
 matter to have thrown aside old debts. A sure sign of the 
 weakness of a government is its inability to pay its debts. 
 The government, under the Articles of Confederation, owed 
 much money, and many creditors feared that they would 
 lose all by the change. The Convention, however, had no 
 such intention, and placed this clause in the Constitution. 
 All engagements made before 1789 would be continued after 
 that year. This was a very wise provision, and no doubt 
 won many supporters for the Constitution in its early days. 
 
 By the authority of this clause, Alexander Hamilton, in 
 1790, had a law made, known as the "Funding System," 
 by which all debts were to be paid. This system provided 
 for the payment of : 
 
 1. The running expenses of the government. 
 
 2. All debts due the foreign countries who aided the Colonies 
 during the Revolutionary War. 
 
 3. Money owed to the different States. Some States went to great 
 expense in preparing soldiers for the Continental army and in pro- 
 tecting other States. 
 
 4. All debts due to soldiers of the Continental army. 
 
 The Supreme Law of the Land. 
 
 2. This Constitution, and the laws of the United States 
 which shall be made in pursuance thereof, and all treaties 
 made, or which shall be made, under the authority of the 
 
25Q CIVIL GOVERNMENT. 
 
 United 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. 
 
 The Supreme Law of the Land. — The supreme law of 
 the land consists of three separate bodies of laws, — namely : 
 
 1. The Constitution and its amendments. 
 
 2. All laws made by Congress from 1789 till the present time. 
 
 3. All treaties made from 1789 till the present time. 
 
 The judges in each State are compelled to give their 
 decisions from the supreme law. 
 
 By this clause it will be seen that the nation is above 
 any State. South Carolina opposed this clause when she 
 refused to pay duty on imported goods according to the 
 tariff law of that time. President Jackson forced the people 
 to pay the tax. This action of South Carolina has been 
 termed " nullification." Nullification is the act of annulling 
 a law, or declaring it of no effect. This principle, how- 
 ever, is contrary to the supreme law of the land. 
 
 Constitutional Oath and Beligrious Test. 
 
 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 affir- 
 mation to support this Constitution; but no reUgious test 
 shall ever be required as a qualification to any office or 
 public trust under the United States. 
 
 Oath of Office. — All important United States and State 
 officers are required to take an oath or affirmation for the 
 proper performance of the duties of their offices. Only 
 
MISCELLANEOUS PROVISIONS OF THE CONSTITUTION. 251 
 
 one of the two is required. A person taking an oath need 
 not take an affirmation. 
 
 Persons required to take an 
 Oath or Afflrmation . . . 
 
 National officers 
 
 1. Legislative. 
 
 2. Executive. 
 
 3. Judicial, 
 
 1. Legislative. 
 State officers . . ■{ 2. Executive. 
 3. Judicial. 
 
 No Religious Test to hold Office. — No religious test 
 can be required as a qualification to hold office under the 
 government of the United States. A person may practise 
 any religion so long as it interferes with no one. No mat- 
 ter to what faith a man belongs, his religion should govern 
 his actions and should teach him his obligations to his 
 Creator and his duty to his country. 
 
 ARTICLE VII. 
 Batlflcation of the Constitution. 
 
 The ratification of the Conventions of nine States shall be 
 sufficient for the establishment of this Constitution between 
 the States so ratifying the same. 
 
 Ratification. — Under the Articles of Confederation the 
 consent of every State was required before they could go 
 into effect. As a rule, it is impossible to get everybody to 
 agree to any one thing. It took four years to secure the 
 consent of the thirteen States to the Articles. This mis- 
 take being apparent, it was avoided when the time came 
 for ratifying the Constitution. In the Constitution the 
 consent of but nine States was required, and these were 
 secured in less than a year. The remainder of the thirteen 
 States ratified it later ; the last State being Rhode Island, 
 in 1790. 
 
252 CIVIL GOVERNMENT. 
 
 SUMMABY. 
 
 1. State laws, records, and court proceedings must be respected in 
 every other State in the Union. 
 
 2. Citizens going from one State to another are entitled to all the 
 privileges and immunities of that State. 
 
 3. Fugitives from justice must be returned if captured. The 
 tendency to commit crime and escape punishment would increase if 
 this were not so. 
 
 4. New States are admitted to the Union whenever Congress gives 
 its consent. In 1789 there were thirteen States ; now there are forty- 
 five. Colonies and Territories are parts of the country, but do not 
 possess the same political rights as the States. 
 
 5. A government by representatives is guaranteed to every State. 
 Should it so happen that a party would attempt to make a monarchy 
 of a State, and thus deprive the people of their representation, the 
 national government would interfere and restore matters to their 
 republican form. 
 
 6. The defective parts of the Constitution may be changed. This 
 is done by an amendment. Two methods of amending are provided. 
 Either method may be used. Fifteen changes have been made to the 
 Constitution since its inception. 
 
 7. The debts contracted during the Revolutionary War and from 
 1781 to 1789 were considered a part of the debt of the country 
 when the Constitution went into effect. 
 
 8. The highest laws of the land are those included in the Consti- 
 tution and those made by Congress. The laws of the land consist of : 
 (a) The Constitution ; {b) Laws made by Congress since 1789 ; (c) All 
 treaties. 
 
 When a State law conflicts with any of these it is void. The 
 United States laws are supreme. 
 
 9. Oaths or affirmations must be taken by all national and State 
 officers for the faithful performance of their duties. The oath must 
 not be mistaken for religion, as every one is permitted to follow any 
 religion. 
 
 10. To ratify the Constitution the votes of nine States were required. 
 These were soon obtained. Had any State not given its consent such 
 State would have become a nation by itself. 
 
MISCELLANEOUS PROVISIONS OF THE CONSTITUTION. 253 
 
 QUESTIONS. 
 
 1. What recognition do the records and laws of one State receive in 
 the other States ? 
 
 2. A citizen from Oregon goes to Florida. What rights does he 
 take with him, and to what rights is he entitled in his new State? 
 
 3. How do the rights of all citizens in Kansas compare ? 
 
 4. How is justice more fully secured? 
 
 6. If a man commits a crime in Baltimore and escapes from the 
 police of that city, how can he be brought back for trial and punish- 
 ment if he is captured in Duluth ? 
 
 6. About an apprentice, tell : (a) The meaning of the term ; (6) 
 The reason one would flee from his employer ; (c) How he could be 
 returned. 
 
 7. Give a full account of the Fugitive Slave Law, telling : (a) Its 
 purpose ; (6) When made ; (c) Its author. 
 
 8. How is the number of States in the nation increased? 
 
 9. What is a Territory ? Name the differences between a Territory 
 and a State. 
 
 10. State the procedure in order to make Oklahoma a State. 
 
 11. Name all the Territories existing at present. 
 
 12. Tell what States were made from : (a) The Northwest Terri- 
 tory ; (^>) The Southwest Territory ; (c) The Louisiana purchase ; (d) 
 The Florida purchase ; (e) The Oregon Territory. Give the date of 
 the acquirement of each of these Territories. 
 
 13. Before new States can be formed from old ones, what is neces- 
 sary ? 
 
 14. In an outline show how the country has grown since 1789. 
 
 15. Write a brief account of the government of a Territory. 
 
 16. What is a republican form of government? 
 
 17. How can Congress guarantee this form of government to a 
 State ? 
 
 18. How can the United States protect a State in case of war or 
 insurrection ? 
 
 19. About amendments, state : (a) What they are ; (b) Why they 
 are necessary; (c) How many have been made to the Constitution 
 since 1789 ; (d) The effect of each. 
 
 20. Make an outline. Call it Amendments to the Constitution of 
 
254 CIVIL GOVERNMENT. 
 
 the United States. Show : (a) Two ways of proposing amendments ; 
 (b) Two ways of ratifying them ; (c) Exceptions to the power of amend- 
 ing the Constitution. 
 
 21. What provision did the makers of the Constitution insert in 
 that document to insure the payment of the old debts of the United 
 States which had been made previous to 1789? 
 
 22. The supreme law of the land : {a) Tell what it is ; (6) Of what 
 does it consist ? 
 
 23. Who are compelled to take an oath or affirmation? 
 
 24. How was the Constitution ratified ? 
 
 25. Explain immunity, requisition, extradition. Territorial dele- 
 gate, invasion, religious test. 
 
 26. What is the difference between a Territorial delegate to Con 
 gress and a State representative to the same body ? 
 
CHAPTER XIV. 
 
 AMENDMENTS TO THE CONSTITUTION OP THE 
 UNITED STATES. 
 
 An amendment is a clause added to a constitution by 
 which some provision in it is changed. A law is a result 
 of the exercise of a power granted by the Constitution to 
 Congress. An amendment and a law must both be obeyed 
 by the people; one is a change in the Constitution, the 
 other is not. 
 
 The first ten amendments were adopted at the same time, 
 in 1791. They contained certain rights of the people which 
 were omitted from the Constitution, hence they form 
 what is termed a *' Bill of Rights." Being adopted so soon 
 after the Convention of 1787, they are really a part of the 
 original Constitution, and were probably written by men 
 who were members of that Convention. They are not as 
 much amendments as they are additions, inasmuch as they 
 changed nothing contained in the Constitution. Possibly 
 in the excitement of the time these rights were forgotten, 
 hence they were inserted afterwards. The rights could have 
 been secured to the people by laws. By doing this the 
 longer process of making amendments would have been 
 averted. It was the desire, though, to have them a part of 
 the Constitution, so that they could not be readily changed. 
 Had the rights been secured by laws, a change could easily 
 have been made by a majority of Congress and the signa- 
 ture of the President. The Legislatures of the States 
 would not have been consulted. 
 
 266 
 
256 CIVIL GOVERNMENT. 
 
 ARTICLE I. 
 Freedom of Religion and of the Press. 
 Congress shall make no la-w respecting an establishment 
 of religion, or prohibiting the free exercise thereof; or 
 abridging the freedom of speech or of the press; or the 
 right of the people peaceably to assemble, and to petition 
 the government for a redress of grievances. 
 
 Freedom of Religion. — The following are some of the 
 rights which are possessed by those living under the pro- 
 tection of the United States, and which Congress must 
 respect : 
 
 1. No interference in regard to religion. 
 
 2. Freedom of speech and press. 
 
 3. Right to assemble and to petition. 
 
 The chief reason for the settlement of the colonies was 
 religion and not trade. In almost every country of Europe, 
 in the days of settlements, people were persecuted severely 
 because of their religious behefs. Laws were made pro- 
 viding for an established church. All were required to be 
 adherents. Other sects were barred. Meetings could be 
 held only in secret. If found out, severe punishment was 
 inflicted upon those who attended these secret meetings. 
 To avoid persecution and to worship according to their 
 beliefs, they fled from their tormentors. It seemed provi- 
 dential that the New World was open to them. It wass 
 ready to receive them, and they were not slow in coming. 
 
 The New England colonies were settled by Puritans from 
 England, Pennsylvania by Quakers from England, and 
 Georgia by English and some Protestants from Germany. 
 Carolina was settled by the Huguenots from France. 
 
 It is a mistake to attempt to have but one religion in a 
 country. There is nothing which people will resent more 
 than to be compelled to attend or support a church against 
 
AMENDMENTS TO THE CONSTITUTION. 257 
 
 their will. The error in religious matters was avoided in 
 the United States, and freedom of religion was secured by 
 the First Amendment. 
 
 Freedom of the Press. — Abridge means to shorten or 
 to curtail. No law can be made that will shorten or curtail 
 the right to speak. " The press" refers to printed matter. 
 No law can be made forbidding the publishing of anything 
 in the newspapers. The newspapers, through their re- 
 porters, are incessantly investigating the actions of public 
 officials. Articles are then inserted praising or condemning 
 them. The citizens thus keep posted about them. Office- 
 holders know that their actions are watched, hence they 
 endeavor to avoid criticism. These rights exist only to 
 a small extent in some monarchies. It is a serious offence 
 in Germany to speak or write anything disrespectful of the 
 ruler or of any official of the government. Of course, 
 if a newspaper publishes anything that is not true in refer- 
 ence to a man, he can sue the paper for damages. A false 
 publication is known as *' libel." 
 
 The Sedition Law of 1798 was a violation of this right. 
 It provided for the punishment of any one who spoke or 
 wrote anything malicious about the government or Presi- 
 dent of the United States. This law, like the Alien Law, 
 aroused great dissatisfaction, and was soon repealed. 
 
 The Right to assemble and to petition. — Sometimes 
 men, chosen to represent the people in the government, do 
 not carry out the wishes of their constituents. These repre- 
 sentatives should be told in some way how the people wish 
 them to act. This can be done by assembling and consider- 
 ing the matter. After discussing the question in meeting, 
 a petition containing their views may be sent to the rep- 
 resentatives. If the people of a certain district are dis- 
 
 17 
 
258 CIVIL GOVERNMENT. 
 
 satisfied with some act of Congress, the petition is sent to 
 the representative of that district, and through him it is 
 made known to Congress. So long as the assembly is 
 peaceful no one can disturb it. 
 
 When John Quincy Adams was a member of the House 
 of Representatives he presented many petitions urging the 
 freeing of the slaves in the District of Columbia. Another 
 good instance of the use of this right was when the people 
 urged Congress not to admit to its membership Brigham 
 H. Roberts, of Utah, who was accused of polygamy. 
 
 Just before the Revolutionary War, several petitions 
 adopted by the colonists were sent to the king and people 
 of England, but they accomplished nothing, because they 
 were not heeded. The War of 1812 was opposed by 
 several New England States because it was thought that 
 their chief industry, commerce, would be ruined. Twenty- 
 six delegates met at Hartford, Connecticut, in 1814, to 
 consider their grievances. Nothing was done by them, 
 however, as peace was soon afterwards declared. The 
 opposition to the war, being confined mostly to the Federalist 
 party, was small, and caused the death of this political 
 party. In the following Presidentiaf election it received but 
 one electoral vote. 
 
 ARTICLE II. 
 Right to keep and bear Arms. 
 
 A well-regulated militia being necessary to the security 
 of a free State, the right of the people to keep and bear 
 arms shall not be infringed. 
 
 The Right to bear Arms. — The militia is an adjunct 
 to the regular army. If the militia is to be of any advan- 
 tage it must be well drilled and armed. Therefore, citizens 
 may drill themselves in military tactics and keep armed so 
 as to be in proper condition when called upon to act. If 
 
AMENDMENTS TO THE CONSTITUTION. 259 
 
 the keeping of arms were forbidden the militia would be 
 useless in cases of emergency. 
 
 ARTICLE III, 
 Quartering" 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. 
 
 Quarteringr Soldiers. — To quarter a soldier is to provide 
 him with food and a place to sleep. In times of peace it 
 is the duty of the government to look after the welfare of 
 the soldiers, to supply them with all the things necessary 
 to life. If, however, the soldiers are near any house, and 
 the owner thereof gives permission to enter his house, no 
 objection would likely be made. 
 
 In times of war the rights of the citizens cannot be too 
 closely guarded. Congress prescribes the manner in which 
 the soldiers may be quartered in a house. To save the 
 army from starvation, it would be lawful for soldiers to take 
 anything from a house without the consent of the owner. 
 After the war, it is likely that the value of the articles 
 taken would be paid to the owner by the government. 
 
 This clause grew out of the practice of England in 
 colonial days. The troops of England, sent to Boston to 
 quiet the citizens, were quartered in the houses of the 
 colonists. This is mentioned in the Declaration of Inde- 
 pendence as one of the causes for separation from England. 
 
 ARTICLE IV. 
 Rigrht of the People to be secure from Search. 
 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 w^arrants shall 
 issue but upon probable cause, supported by oath or aflBr- 
 mation, and particularly describing the place to be searched, 
 and the persons or things to be seized. 
 
260 CIVIL GOVERNMENT. 
 
 Search-Warrants. — A search-warrant is a paper issued 
 by a court giving some one authority to enter a house. It 
 is a man's right to do as he wishes in his home so long as 
 his actions are lawful and do not harm others. This being 
 true, he can refuse admittance to any one. " A man's house 
 is his castle." 
 
 There are some cases in which, for the sake of justice, a 
 man's house may be entered against his consent. When a 
 man commits a heinous crime and escapes into a house, or 
 when a man steals goods and hides them in a house, these 
 houses may be entered and searched, but only when a 
 search-warrant is shown. 
 
 Before search-warrants will be issued an oath or affirma- 
 tion as to the truth of the statements must be made, and 
 an accurate description of the place which is to be searched 
 and the persons or things which are to be seized must be 
 given. The objects of search-warrants are : 
 
 1. To prevent houses from being searched indiscriminately ; thus 
 protecting the owners. 
 
 2. To secure justice by capturing criminals wherever they may go. 
 
 ARTICLE V. 
 Indictment and Punishment. 
 No person shall be held to answer for a capital or otlier- 
 •wlse infamous crime, unless on a presentment or indictment 
 of a grand jury, except in cases arising in the land or naval 
 forces, or in the militia, w^hen in actual service in time of 
 war or public danger ; nor shall any person be subject for 
 the same offence to be twice put in jeopardy of life or limb ; 
 nor shall be compelled in any criminal case to be a witness 
 against himself, nor be deprived of life, liberty, or property, 
 without due process of law ; nor shall private property be 
 taken for public use without just compensation. 
 
 Trial for Crime. — There are two kinds of juries, — viz. : 
 
 1. Grand jury. 
 
 2. Petit or common jury. 
 
AMENDMENTS TO THE CONSTITUTION. 261 
 
 A common jury is composed of twelve men. They de- 
 cide whether an accused person is guilty or innocent. 
 Every one of the twelve must agree before a verdict is 
 reached. The number of men in a grand jury varies in 
 » different States. Twenty-three is the usual number. A 
 grand jury acts only in criminal cases. A majority of its 
 members is necessary to make a decision. The chief busi- 
 ness of the grand jury is to examine the facts in a criminal 
 case and judge whether the evidence is sufficient to war- 
 rant the sending of the case to court for a regular trial. 
 The grand jury has a foreman. If the majority decide that 
 the facts in a certain case are sufficient to hold the accused, 
 the foreman writes over the indictment " a true bill." If 
 they decide otherwise, he writes *' not a true bill." This 
 is the only function which a grand jury performs in a 
 criminal case. They simply examine the facts, but do not 
 judge whether the accused is innocent or guilty. Many 
 trivial cases occur in which there is not sufficient evidence 
 to warrant the expense of a trial. If it were not for the 
 grand jury these would be sent to court. The grand jury 
 sifts the cases, and thus prevents trivial cases from going 
 to trial, where they would simply consume time and be an 
 expense. 
 
 An indictment is a paper drawn by the District Attorney, 
 stating the crime for which a person stands accused. When 
 a true bill has been found the case goes to court for trial. 
 When a true bill has not been found the case is generally 
 'dropped. 
 
 No indictment can be made against any of the following 
 persons who have committed a crime : 
 
 1. A person in the army. 
 
 2. A person in the navy. 
 
 3. A person in the militia, while in service. 
 
262 CIVIL GOVERNMENT. 
 
 These persons would be tried by a co art-martial, and jus- 
 tice would be secured there. A person in the militia in time 
 of peace would be tried in the regular way, as he is a com- 
 mon citizen. 
 
 Trial Procedure. — A person commits a crime and is 
 arrested. The facts of the case are placed before the grand 
 jury by the District Attorney or State lawyer. The grand 
 jury decides from the facts whether there is sufficient evi- 
 dence to warrant a court trial. If a true bill is found, the 
 man is sent to prison to await trial. When the crime is not 
 a serious one, he may be released on bail. If he thinks 
 himself unjustly imprisoned, he may, through his attorney, 
 ask for a writ of habeas corpus. In regular order the case is 
 called for trial before a common jury. This body of men 
 decides, after hearing all the evidence, whether he is guilty 
 or not guilty. If not guilty, he is immediately discharged. 
 If guilty the judge of the court finds the law on the subject, 
 and the convicted man is punished in accordance there- 
 with. This ends the case, unless it is appealed to a higher 
 court. 
 
 In the trial of civil cases the process is somewhat simi- 
 lar, but, as there is no crime in a civil case, no grand jury is 
 required and no one is sent to prison. The result of a civil 
 case is that one man must pay another so much money for 
 damages, if a jury decides that such party has been injured 
 by the other. 
 
 No person can be placed twice in danger of his life for 
 the same offence. If a man is tried for treason and is ac- 
 quitted, he cannot be tried for the same offence a second 
 time. If this were not so there might be many trials of a 
 person, who has been found not guilty several times, with 
 the hope that he ultimately would be found guilty. 
 
AMENDMENTS TO THE CONSTITUTION. 263 
 
 The accused person in any trial is not compelled to say 
 anything in court which might be used against him. 
 
 All persons accused of a crime are guaranteed a regular 
 trial according to law. No person can be sent to prison 
 unless he has been convicted by a jury. This insures pro- 
 tection to all, and justice is meted out. 
 
 Seizure of Property by the Government. — It is some- 
 times necessary to take land from citizens to erect govern- 
 ment buildings thereon. When this becomes necessary the 
 government must pay to the owner or owners the value of 
 the land. It would be very unfau* not to pay such owners, 
 as they, in order to possess it, had to pay for it at one time. 
 
 ARTICLE VI. 
 Rights of Defendant in Criminal Cases. 
 
 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 ascer- 
 tained by law, and to be informed of the nature and cause 
 of the accusation; to be confronted with the witnesses 
 against him ; to have compulsory process for obtaining -^t- 
 nesses in his favor, and to have the assistance of counsel 
 for his defence. 
 
 Rights of Accused Persons. — All trials must be held in 
 a regular order. If this were not so the trial might never 
 be held, and during such time an accused person would 
 be compelled to remain in prison if he could not secure bail. 
 An impartial jury is one which favors neither one side nor 
 the other, but decides justly from the facts presented. 
 The trial must be held where the crime was committed, as 
 the witnesses to the act generally reside there. The trial 
 must be held openly. All the witnesses against the accused 
 must be brought into court. If any of the witnesses who 
 
264 CIVIL GOVERNMENT. 
 
 are to testify in behalf of the accused refuse to come into 
 court, they may be compelled to do so, provided they can 
 be located. Justice is still further secured to an accused 
 person by furnishing him with a lawyer or counsel, if he 
 cannot pay for one himself, to defend him against his 
 accusers. 
 
 ARTICLE VII. 
 Trial in Civil Cases. 
 In suits at common law, where the value in controversy 
 shall exceed twenty dollars, the right of trial by jury shall 
 be preserved, and no fact tried by a jury shall be otherwise 
 re-examined in any court of the United States, than accord- 
 ing to the rules of the common law. 
 
 Common Law. — A common law is an unwritten one. 
 A law not made by Congress, but established by custom 
 and usage. Sometimes there are cases which arise that are 
 not violations of any written law, but a decision can be 
 reached from a common law which every one knows, and 
 which by long-continued use has become established. No 
 President has been elected for more than two terms ; yet 
 the Constitution says nothing against a man serving in this 
 capacity for a third term. This is an example of common 
 law established by custom. Washington was offered a third 
 term, but refused to accept the nomination. He set the 
 example of serving but two terms. Grant desired a third 
 term, but did not receive the nomination. 
 
 Civil Cases and Jury. — If a suit, where the value in 
 controversy exceeds twenty dollars ($20), arises under com- 
 mon law, the right of trial by jury must be accorded. 
 
 ARTICLE VIII. 
 Bails, Fines, and Punishments. 
 Excessive bail shall not be required, nor excessive fines 
 imposed, nor cruel and unusual punishments inflicted. 
 
AMENDMENTS TO THE CONSTITUTION. 265 
 
 Punishments. — Bail is a sum of money or property of 
 value given to a court as a security for a person, who is 
 then released from prison. When the time for trial comes, 
 the accused is notified to attend ; if he does not appear, 
 the bail is forfeited. Where the case is not serious, it is not 
 necessary that the person be placed in prison. Bail is 
 given, and the accused is set at liberty. In serious cases 
 bail is not given, and the accused must stay in prison until 
 the trial is held. 
 
 A fine is a sum of money imposed upon a person for the 
 violation of a law. Some offences are punished by a fine 
 only, others by imprisonment only ; some are punished by 
 both fine and imprisonment. 
 
 In olden times persons were very cruelly punished for 
 crimes. This, fortunately, has been outgrown by the 
 civilization of the people. It is not likely that any State 
 would inflict any punishment which is cruel. In Delaware 
 offenders are whipped and compelled to stand in the pillory. 
 In Pennsylvania murderers are hanged, while in New York 
 they are put to death by electricity. None of these is 
 thought to be cruel, and there is no objection. 
 
 ARTICLE IX. 
 Rigrhts retained by the People. 
 
 The enumeration in the Constitution of certain rights 
 shall not be construed to deny or disparage others retained 
 by the people. 
 
 Rights retained by the People. — This clause simply 
 means that the rights specified in the Constitution shall not 
 be so read as to curtail any of the rights which the citizens 
 possess, and which are not specially mentioned in the 
 Constitution. 
 
266 CIVIL GOVERNMENT. 
 
 ARTICLE X. 
 Powers reserved to the States. 
 
 The powers not delegated to the United States by the Con- 
 stitution, nor prohibited by it to the States, are reserved to 
 the States respectively, or to the people. 
 
 ^ Powers of the States and People. — Under Article I. a 
 long list of powers belonging to Congress were mentioned. 
 In the same article were mentioned some powers which 
 the States could not exercise. If at any time a new power, 
 which is not given to Congress and which is not denied to 
 the States, arises, such power can be exercised by the 
 States through the people. The interests of the people are 
 here guarded, and preference is given to them instead of to 
 Congress. 
 
 ARTICLE XI. 
 Judicial Power. 
 
 The judicial power of the United States shall not be 
 construed to extend to any suit in law or equity, com- 
 menced or prosecuted against one of the United States by 
 citizens of another State, or by citizens or subjects of any 
 foreign State. 
 
 This clause is explained under the Judicial Department. 
 See page 217. It denies the right of a citizen to sue a State 
 without its consent. 
 
 Note. — Articles XI. and XII. have been inserted here merely to 
 give the Amendments in their regular order. They are fully explained 
 on the pages designated. 
 
 ARTICLE XII. 
 Present Method of electing- the President and Vice-President. 
 
 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 
 
AMENDMENTS TO THE CONSTITUTION. 267 
 
 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 list they shall sign and certify, and 
 transmit sealed to the seat of the Government of the United 
 States, directed to the President of the Senate. The Presi- 
 dent 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 for President shall be the President, if such 
 number be a majority of the -whole number of electors ap- 
 i)ointed ; and if no person have such majority, then from 
 the persons having the highest numbers, not exceeding 
 three on the Ust of those voted for as President, the House 
 of Representatives shall choose immediately, by ballot, the 
 President. But in choosing the President, the votes shall 
 be taken by States, the representation from each State 
 having one vote ; a quorum for this purpose shall consist 
 of a member or members from two-thirds of the States, 
 and a majority of all the States shall be necessary to a 
 choice. And if the House of Representatives shall not 
 choose a President, w^henever the right of choice shall 
 devolve upon them, before the fourth day of March next 
 following, then the Vice-President shall act as President, 
 as in the case of the death or other constitutional disability 
 of the President. The person having the greatest number 
 of votes as Vice-President shall be the Vice-President, if 
 such number be a majority of the whole number of electors 
 appointed ; and if no person have a majority, then from the 
 two highest numbers on the list the Senate shall choose the 
 Vice-President ; a quorum for the purpose shall consist of 
 tvro-thirds of the whole number of Senators, and a majority 
 of the vrhole number shall be necessary to a choice. But 
 no person constitutionally ineligible to the oflQce of Presi- 
 dent shall be eligible to that of Vice-President of the 
 United States. 
 
 This clause is explained under the Executive Department. 
 See page 172. It contains the new method of electing the 
 President and Vice-President of the United States. 
 
268 CIVIL GOVERNMENT. 
 
 ARTICLE XIII. 
 Slavery prohibited. 
 
 1. Neither slavery nor involuntary servitude, except as a 
 punishment for crime, -whereof the party shall have been 
 duly convicted, shall exist vrithin the United States, or any 
 place subject to their jurisdiction. 
 
 Power to enforce gfiven Congress. 
 
 2. Congress shall have power to enforce this article by 
 appropriate legislation. 
 
 Slavery. — The holding of persons as property and com- 
 pelling them to work throughout their lives without any 
 compensation is known as slavery. Slaves, without their 
 consent, were bought and sold or transferred from one 
 party to another. Slavery has been the greatest question in 
 American history. It has caused many bitter disputes, and 
 at one time almost destroyed the nation, besides costing 
 many lives in a great civil war. 
 
 HISTORY OF THE SLAVERY QUESTION IN THE 
 UNITED STATES. 
 
 1619. Slaves were introduced into Virginia. 
 
 1787. Ordinance of 1787, prohibiting slavery in the North- 
 west Territory. 
 
 1787. Debates in the Constitutional Convention between 
 delegates from the North and South. Several compromises 
 on this subject were the result. 
 
 1808. Slave-trade stopped, in compliance with Article I., 
 Section IX., Clause 1, which says, " The migration or impor- 
 tation 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." 
 
 1820. The Missouri Compromise was an agreement be- 
 
AMENDMENTS TO THE CONSTITUTION. 269 
 
 tween the North and the South by which slavery was to be 
 prohibited north of the southern boundary of Missouri and 
 west of the Mississippi River. The wording of the Missouri 
 Compromise was as follows : 
 
 "That in all the territory ceded by France to the United States 
 under the name of Louisiana, which lies north of thirty-six degrees 
 and thirty minutes north latitude, not included within the limits of 
 the State contemplated by this act, slavery and involuntary servitude, 
 otherwise than in the punishment of crimes, whereof the parties shall 
 have been duly convicted, shall be and is hereby forever prohibited ; 
 provided always, that any person escaping into the same, from whom 
 labor or service is lawfully claimed, in any State or Territory of the 
 United States, such fugitive may be lawfully reclaimed and conveyed 
 to the person claiming his or her labor or service as aforesaid." 
 
 1831. William Lloyd Garrison caused much bad feeling 
 by publishing a paper called " The Liberator," in which he 
 condemned slavery and asked for its abolition. The paper 
 caused the starting of abolition societies, whose purpose it 
 was to endeavor to have slavery abolished. 
 
 1845. The annexation of Texas caused a great amount 
 of discussion. The Northern people were afraid that this 
 would increase the power of the slave States in Congress, 
 as this territory was south of the line fixed by the Missouri 
 Compromise. 
 
 1846. The Wilmot Proviso, asking that slavery be pro- 
 hibited in all the land acquired from Mexico, was presented 
 to Congress, but was defeated. 
 
 1850. Compromise and Fugitive Slave Law. This com- 
 promise, known as the " Omnibus Bill," embraced the fol- 
 lowing : 
 
 1. The admission of California into the Union as a free State. 
 
 2. The organization of New Mexico and Utah as Territories without 
 any provision in reference to slavery. 
 
270 CIVIL GOVERNMENT. 
 
 3. The payment of $10,000,000 to Texas to relinquish her claim 
 to a part of the territory of New Mexico. 
 
 4. The discontinuance of the slave-trade in the District of Columbia. 
 6. The enactment of a stringent law for the return of fugitive slaves 
 
 to their owners. 
 
 1854. Kansas-Nebraska Bill. This permitted the people 
 of these Territories to decide for themselves whether they 
 would have slavery or not. This bill was a virtual repeal 
 of the Missouri Compromise, as these two Territories were 
 north of the southern boundary of Missouri and west of the 
 Mississippi River. 
 
 1857. The Dred Scott decision. This gave a slave-owner 
 the right to take his slaves anywhere within the United 
 States without losing his claim upon them. 
 
 1859. The raid upon Harper's Ferry by John Brown and 
 his companions. Brown was an ardent anti-slavery man. 
 He, with twenty followers, made an attack upon the arsenal 
 at Harper's Ferry. His intention was to secure the arms 
 within the arsenal and arm the slaves in the vicinity, thus 
 hoping to cause an insurrection. 
 
 1860-61. Secession of the Southern States. South Caro- 
 lina, Florida, Mississippi, Alabama, Georgia, Louisiana, 
 Texas, Virginia, Arkansas, North Carolina, and Tennessee 
 seceded from the Union. 
 
 1861-65. Civil War. 
 
 1863. The Emancipation Proclamation. 
 
 1865. Thirteenth Amendment. This abolished slavery 
 in the United States and gave to the slaves the rights of free- 
 men. 
 
 1868. Fourteenth Amendment. This gave the freedmen 
 civil rights. 
 
 1870. Fifteenth Amendment. This gave the freedmen 
 the right to vote. 
 
AMENDMENTS TO THE CONSTITUTION. 271 
 
 Emancipation Proclamation. — During the Civil War, 
 President Lincoln, because of his power as commander-in- 
 chief of the army and navy, issued the Emancipation Procla- 
 mation. By this document all slaves held in those States 
 where the people were at war with the United States became 
 free. In other States, where the people were loyal or neu- 
 tral, slavery still existed, as the President had no power to 
 liberate them. The following is an extract from the Procla- 
 mation, issued January 1, 1863 : 
 
 ' • Now, therefore, I, Abraham Lincoln, President of the United 
 States, by virtue of the power in me vested as Commander-in-Chief 
 of the Army and Navy of the United States, . . . and as a fit and 
 necessary war measure for suppressing said rebellion, ... do order 
 and declare that all persons held as slaves within said designated 
 States, and parts of States, are and henceforward shall be free." 
 
 Slavery legally abolished. — The chief cause of the 
 Civil War was slavery. When the war was ended, and the 
 power opposing slavery had conquered, it became necessary 
 to abolish slavery entirely. This was done by the Thir- 
 teenth Amendment, which was adopted in 1865. The 
 Emancipation Proclamation abolished slavery in a part of 
 the Union, while the Thirteenth Amendment abolished it 
 throughout the Union. Thus slavery existed in the United 
 States from 1619 to 1865. 
 
 Involuntary Servitude. — There is still " involuntary ser- 
 vitude" in the United States. This phrase means to serve 
 against one's will. It here relates to criminals and their 
 punishment. When a man is found guilty of a crime he is 
 sent to prison without his consent. This, of course, is in- 
 voluntary servitude, and exists in every State and country. 
 It is absolutely necessary, as there is no other way to pro- 
 tect good citizens and to punish offenders. 
 
272 CIVIL GOVERNMENT. 
 
 ARTICLE XIV. 
 Citizenship defined. 
 
 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 la"W "which shall abridge 
 the privileges or immunities of citizens of the United 
 States; nor shall any State deprive any person of life, 
 liberty, or property, without due process of la-w, nor deny 
 to any person -within its jurisdiction the equal protection 
 of the laws. 
 
 Citizenship. — Like treason, citizenship is here exactly 
 defined. A citizen of the United States is a person either 
 born here or naturalized. A person born in the United 
 States is a natural-born citizen, while a person born in a 
 foreign country of foreign parentage, having declared alle- 
 giance to this government, is a naturalized citizen. A natu- 
 ralized citizen can hold any office in the United States 
 except those of President and Vice-President. A natural- 
 born citizen can hold any office. Men, women, and chil- 
 dren may be citizens, but all citizens do not have the right 
 to vote. Men, properly qualified, can vote in all States. 
 Women may vote in some States. Children cannot vote in 
 any State. Children born of American citizens in foreign 
 countries are American citizens, unless they choose the 
 citizenship of the country in which they were born. 
 
 Slavery having been abolished by the Thirteenth Amend- 
 ment, it was necessary to further amend the Constitution, 
 so as to secure some rights to the negroes. The Fourteenth 
 Amendment made the negro a citizen. It gave him civil 
 rights, — that is, the right to sue and be sued. The States 
 were compelled by this Amendment to show them as much 
 consideration as the white citizens. 
 
 All citizens in a State must be treated in the same man- 
 
AMENDMENTS TO THE CONSTITUTION. 273 
 
 ner. The blacks in the sight of the law are equal to the 
 whites, and different classes of whites are equal to each 
 other. This is only in the eyes of the law, not in private 
 life. Sometimes a Legislature will make a law favoring one 
 class at the expense of another. The Legislature of Illi- 
 nois made a law saying that veterans of the Civil War be 
 given preference over other citizens in civil service examina- 
 tions. The matter was taken into court, where the judge 
 decided the law unconstitutional, because it abridged the 
 rights of other citizens who did not serve in the Civil War 
 and who might be just as worthy. 
 
 No State can take the life, liberty, or property of any 
 person without a regular trial. If it is necessary to take a 
 person's property it must be done by consent of the courts. 
 No one can be imprisoned or hanged without the court's 
 approval. The rights of the people, especially the negroes, 
 were thus made more secure. Courts are supported by the 
 States and are open to all. Any one having a complaint 
 may go to the court, state his case, and obtain justice. 
 
 Apportionment of Representatives. 
 
 2. Representatives shall be apportioned among the sev- 
 eral States according to their respective numbers, count- 
 ing the v7hole 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 Con- 
 gress, the executive and judicial officers of a State, or the 
 members of the Legislature thereof, is denied to any of 
 the male inhabitants of such State, being twenty-one years 
 of age, and citizens of the United States, or in any way 
 abridged, except for participation in rebellion, or other 
 crime, the basis of representation therein shall be reduced 
 in the proportion which the number of such male citizens 
 shall bear to the whole number of male citizens twenty-one 
 years of age in such State. 
 
 18 
 
274 CIVIL GOVERNMENT. 
 
 New Method of apportioning Eepresentatives. — Under 
 the old system of apportioning Representatives, only three- 
 fifths of the slaves were counted. By the new method pro- 
 vided in this clause, a negro is counted in the same manner 
 as a white man. Representatives are apportioned according 
 to population. In taking the census now, every inhabitant 
 of each State is counted ; but in the apportionment of Rep- 
 resentatives, untaxed Indians are not included in the popu- 
 lation of the State. 
 
 While the Constitution designates who are citizens of the 
 United States, it is left to each State to prescribe the quali- 
 fications which its citizens must have to exercise the right 
 of suffrage. 
 
 The Fourteenth Amendment made citizens of former 
 slaves. It was feared that some States would deny the 
 freedmen the right to vote. To guard against this, it was 
 provided that a State denying the right of suffrage to citi- 
 zens above twenty-one years of age should have the 
 number of its Representatives in Congress reduced. 
 
 It is argued that inasmuch as these persons were counted 
 in apportioning Representatives, they should not be de- 
 prived of the right of suffrage, and that whenever such 
 right is withheld the number of Representatives should be 
 reduced proportionately. The provisions of this amend- 
 ment have never been enforced. 
 
 Persons disqualified from holding" Oflace. 
 
 3. No person shall be a Senator or Representative in Con- 
 gress, or elector of President and Vice-President, or hold 
 any oflQce, 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 oflQcer of the United States, 
 or as a member of any State Legislature, or as an executive 
 or judicial oflacer of any State, to support the Constitution 
 of the United States, shall have engaged in insurrection or 
 
AMENDMENTS TO THE CONSTITUTION. 275 
 
 rebellion against the same, or given aid and comfort to the 
 enemies thereof. But Congress may, by a vote of t"wo- 
 thirds of each House, remove such disability. 
 
 Disqualification to hold Oflace. — When the Civil War 
 began there were many Southern men who held office 
 under the United States government. Before taking such 
 office it was necessary for them to take an oath of 
 allegiance to the government. When the war broke out 
 many of these men, contrary to their oaths to support the 
 Constitution of the United States, enlisted in the Confederate 
 army. After the war their cause was lost. Having broken 
 their oaths, it was thought right that they should be dis- 
 qualified from holding any United States office or State 
 office. Those Confederates who had not previously taken 
 an oath were not included in this provision. They were 
 eligible to office. 
 
 Congress was empowered by this clause, when two-thirds 
 of that body saw fit, to remove such disqualification ; and 
 if this be done such disqualified persons may hold office 
 again. 
 
 Debts of the United States and Debts incurred in Aid of 
 Rebellion not to be questioned. 
 
 4. The validity of the public debt of the United States, 
 authorized by law, including debts incurred for payment 
 of pensions and bounties for services in suppressing insur- 
 rection 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 rebel- 
 hon against the United States, or any claim for the loss or 
 emancipation of any slave ; but all such debts, obligations, 
 and claims shall be held illegal and void. 
 
 Power to enforce griven Congress. 
 
 5. The Congress shall have power to enforce, by appro- 
 priate legislation, the provisions of this article. 
 
276 CIVIL GOVERNMENT. 
 
 Validity of the Public Debt. — Validity means legal, or 
 good. A pension is a fixed sum of money given by the 
 government to persons who have been disabled in the ser- 
 vice of the country, especially during war. A bounty is 
 a sum of money given by the government to a person for 
 the performance of any special act. The difference between 
 a pension and a bounty is that the former lasts during the 
 lifetime of the person, while the latter is only one payment, 
 and stops thereafter. 
 
 During the Civil War vast sums of money were spent for 
 the support of the army and navy and the payment of pen- 
 sions and bounties. Some people might think such a debt 
 illegal, and therefore protest its settlement. Being made 
 valid by this clause, the debt cannot be disputed as being 
 unlawful, and must be paid. 
 
 An insurrection is an uprising of people against the acts 
 of a government. Rebellion is also an uprising against a 
 government. In a rebelHon there are more people who are 
 dissatisfied with the government than in an insurrection. 
 A rebelHon generally leads to a war, while an insurrection is 
 easily put down, because there are fewer people, and, as a 
 rule, these few do not act in harmony. A successful rebel- 
 lion is called a revolution. 
 
 Revolutionary War 1775-1783. 
 
 Shays's Rebellion 1786, Massachusetts. 
 
 Whiskey Insurrection 1794, Pennsylvania. 
 
 Dorr's Rebellion 1842, Rhode Island. 
 
 Civil War 1861-1865, United States. 
 
 All persons who held money or property of the Con- 
 federate States lost everything by the result of the war. No 
 suit could be brought against the United States or any State 
 to make good such loss. Many people of the South were 
 thereby made very poor. 
 
AMENDMENTS TO THE CONSTITUTION. 277 
 
 ARTICLE XV. 
 Right of Citizenship not to be denied or abridged. 
 
 1. The right of citizens of the United States to vote shall 
 
 not be denied or abridged by the United States or by any 
 
 State on account of race, color, or previous condition of 
 
 servitude. 
 
 Power to enforce given Congress. 
 
 2. The Congress shall have power to enforce the pro- 
 visions of this article by appropriate legislation. 
 
 Right to vote. — This amendment simply increased the 
 rights of the negro : it accorded him the right to vote. 
 
 The last three amendments relate almost entirely to 
 slavery. Had the war not abolished slavery these w^ould 
 not have been made a part of the Constitution. The Thir- 
 teenth Amendment made the negro a free man, the Four- 
 teenth made him a citizen, and the Fifteenth made him a 
 
 voter. 
 
 SUMMARY. 
 
 1. Changes are made in a constitution to improve it or to make it 
 meet some new condition. Such changes are called amendments. 
 
 2. By the first ten amendments to our Constitution rights are 
 guaranteed to the people. These rights bear on : (a) Religion ; (b) 
 Freedom of speech and press ; (c) Assemblage and petition ; {d) Right 
 to bear arms. 
 
 3. No soldier can be quartered in any house without the consent of 
 the owner. In times of war this may be violated under certain con- 
 ditions. 
 
 4. To enter a house an officer of the law must have a warrant. 
 
 5. The method of conducting a trial is described in detail. By 
 this method full justice is accorded an accused person. 
 
 6. Excessive bails and fines cannot be imposed, and cruel punish- 
 ments are not to be inflicted. 
 
 7. Slavery was entirely abolished by the Thirteenth Amendment. 
 The freedmen were made citizens by the Fourteenth Amendment, and 
 by the Fifteenth Amendment they were made voters. 
 
 8. Slavery being abolished, a new method of apportioning Repre- 
 sentatives was put in force. 
 
278 CIVIL GOVERNMENT. 
 
 9. Persons engaged in the Rebellion, and who held office under the 
 United States before the war, were disqualified from holding office 
 afterwards unless the disqualification was removed by a two-thirds vote 
 of each house. 
 
 10. The validity of the debt incurred by the Civil War could not be 
 questioned. The United States could not be held responsible for the 
 loss incurred by any Southerner by reason of the war. 
 
 QUESTIONS. 
 
 1. Define amendment. 
 
 2. Give the number of amendments made, the date of each, and 
 the matter contained in each. 
 
 8. What is meant by a Bill of Rights? Mention one, and name its 
 contents. 
 
 4. In column form enumerate all the rights contained in amend- 
 ments one to ten. 
 
 5. Explain what is meant by : (a) Freedom of religion ; (6) Free- 
 dom of speech and press. 
 
 6. How are persons made secure in their own homes? 
 
 7. Explain fully the various steps in a trial for crime. 
 
 8. About a grand jury, tell : (a) What it is ; (6) Its work ; (c) Its 
 utility. 
 
 9. Explain the various parts of a civil case. ' 
 
 10. In what manner is the punishment of crime restricted by the 
 Constitution ? 
 
 11. Explain the connection between the last three amendments and 
 slavery. 
 
 12. Write a composition on the History of Slavery 
 
 13. Write a composition on the subject of slavery, involving the 
 following points : (a) Slavery from the Southerner's point of view ; (b) 
 From the Abolitionist's point of view ; (c) By his freedom has the 
 negro improved his position ? (d) Has his freedom made him happier ? 
 
 14. Explain sedition law, quartering soldiers, search-warrant, in- 
 dictment, common jury, involuntary servitude. 
 
 15. Who are citizens of the United States ? 
 
 16. Explain the new method of apportionment. 
 
 17. How was the debt incurred by the Civil War made valid ? 
 
CHAPTER XV. 
 
 UVES OF KESTORIOAL CHARACTERS. 
 
 Introduction to Biographies. — Why does one man suc- 
 ceed in business and another fail? It depends upon the 
 man. Management is the main thing required. The want 
 of it causes one man to be a failure, while the possession 
 of it makes the other a success. 
 
 When the Constitution was ready to go into effect, the 
 main question about it was not, Is it good enough ? but. Are 
 there men of honesty and ability to carry its provisions into 
 effect? The Constitution might have been the best in the 
 world in regard to its wording and provisions, yet if the 
 wrong men had begun its workings it might have lasted 
 but a short time. 
 
 The beginning of any government is its most critical 
 period. Our country was fortunate, indeed, in having able 
 men. The men whose task it is to inaugurate any new 
 government, and who perform the work successfully, de- 
 serve great credit from their countrymen. It is right and 
 proper that we should know something of the lives of the 
 men who did so much to make the United States what it is 
 to-day. While holding public office they performed their 
 best work. The men we are to study have been : 
 
 1. Members of Congress or Conventions. 
 
 2. Presidents of the United States. 
 
 3. Judges of the Supreme Court. 
 
 279 
 
280 
 
 CIVIL GOVERNMENT. 
 
 Members of Congress 
 or Conventions . . . 
 
 Presidents 
 
 Judges, 
 
 Samuel Adams. 
 Alexander Hamilton. 
 John Hancock, 
 Patrick Henry. 
 Kichard Henry Lee. 
 Kobert Morris. 
 Edmund Kandolph. 
 Benjamin Franklin. 
 Gouverneur Morris. 
 John Dickinson. 
 Henry Clay, 
 Daniel Webster. 
 John C. Calhoun. 
 Charies Sumner, 
 Stephen A. Douglas. 
 
 George Washington. 
 John Adams, 
 Thomas Jefferson. 
 James Madison. 
 James Monroe, 
 Andrew Jackson, 
 Abraham Lincoln. 
 
 {John Jay. 
 John Marshall, 
 Koger B. Taney. 
 
 SAMUEL ADAMS. 
 
 "If taxes are laid upon us in any shape, without our having a 
 legal representation where they are laid, we are reduced from the 
 character of subjects to the miserable state of tributary slaves." 
 
 Samuel Adams was born in Boston, September 27, 1722. 
 Educated at Harvard College. He displayed on all occa- 
 sions an unflinching zeal for popular rights, and in 1765 
 was elected a member of the Legislature by the patriotic 
 party. As a delegate to the Second Continental Congress, 
 he was present at the time of the adoption of the Declara- 
 tion of Independence, and signed it. He framed the Con- 
 
LIVES OF HISTORICAL CHARACTERS. 281 
 
 stitution of Massachusetts, and was president of its Senate. 
 The offices of Governor and Lieutenant-Governor were held 
 by him. Died in Boston, 1802. 
 
 ALEXANDKR HAMILTON. 
 
 "The native brilliancy of the diamond needs not the polish of art ; 
 the conspicuous features of pre-eminent merit need not the coloring 
 pencil of imagination nor the florid declarations of rhetoric." 
 
 Alexander Hamilton was born in the West Indies, 
 January 11, 1757. He was sent to New York, and received 
 his education at Columbia College. While still a student 
 he wrote a series of papers in defence of the rights of 
 the Colonies. These won for him much notice. On the 
 outbreak of the war he obtained a commission as captain 
 of artillery. He soon gained the confidence of Washington, 
 who made him his aide-de-camp. He afterwards resigned 
 this position, but continued with the army, and distinguished 
 himself at Yorktown. In 1782 he was sent to Congress by 
 New York. In 1786 he took a leading part in the Trade 
 Convention at Annapolis. He was one of the delegates to 
 the Constitutional Convention in 1787, but his best work 
 for the Constitution was done after the Convention. In 
 connection with Madison and Jay, he conceived and started 
 the famous series of essays constituting " The Federalist," 
 which first appeared in a New York journal known as the 
 Independent Gazetteer. Fifty-nine out of the eighty-five 
 were the work of Hamilton. They cannot receive suf- 
 ficient praise for their clearness and simplicity. 
 
 On the establishment of the new government in 1789 
 Hamilton was made Secretary of the Treasury. The dis- 
 order of the public credit rendered this office very difficult. 
 In order to establish public credit he carried in the face of 
 much opposition a measure for the funding of the domestic 
 
282 CIVIL GOVERNMENT. 
 
 debt. He also founded the national bank, rearranged the 
 system of duties, and altogether proved himself the pos- 
 sessor of great genius as a financier. 
 
 In 1795 he resigned his office, and practised law in New 
 York, where he was constantly consulted by Washington 
 and his cabinet. He was the actual leader of the Federal 
 party till his death in 1804. 
 
 JOHN HANCOCK. 
 
 "We must be unanimous; there must be no pulling different 
 ways ; we must hang together." 
 
 John Hancock was born in Massachusetts in 1737. Edu- 
 cated at Harvard College. He was president of the Massa- 
 chusetts Assembly in 1775. Being president of the Second 
 Continental Congress, he was the first to sign the Declara- 
 tion of Independence. He afterwards became Governor of 
 his native State. The cause of liberty was much aided by 
 him. Died in 1793. 
 
 PATRICK HENRY. 
 "We are apt to shut our eyes against a painful truth." 
 
 Patrick Henry was born in Virginia, May 29, 1736. At 
 an early age he entered business, but having failed he 
 became a lawyer. Three years later, having been employed 
 to plead the cause of the people against an unpopular tax, 
 his great eloquence seemed suddenly to develop itself. 
 This placed him in the front rank of American orators. 
 
 Throughout the Revolutionary War he was a zealous 
 patriot. He was a delegate to the First Continental Con- 
 gress, 1774, and delivered the first speech in that assembly. 
 He was five times Governor of Virginia. In 1795 he de- 
 clined the Secretaryship of State, offered to him by Wash- 
 
LIVES OF HISTORICAL CHARACTERS. 283 
 
 Ington. In 1796 he retired to private life, but practised law. 
 He died June 6, 1799. Although he was a wise man, it is 
 chiefly as an orator that his memory lives. 
 
 EIOHARD HENRY LBB. 
 
 * • Resolved, That these United Colonies are, and of right ought to 
 be, Free and Independent States.'* 
 
 Richard Henry Lee was born in Virginia, 1732. He 
 was educated in England. He assisted Patrick Henry in 
 his opposition to the Stamp Act, and was a member of the 
 First and Second Continental Congresses, in the latter of 
 which he moved " that these United Colonies are, and of 
 right ought to be, Free and Independent States, and that 
 all political connection between them and the State of Great 
 Britain is, and ought to be, totally dissolved." This was 
 added to the Declaration of Independence. Lee was not 
 a member of the committee to draft the Declaration, as he 
 was called away from Congress at the time. 
 
 He was a signer of the Declaration of Independence, 
 president of Congress in 1784, and Senator from Virginia 
 after the Constitution was adopted. He died in 1794. 
 
 ROBERT MORRIS. 
 
 "No offers must tempt us ; they ought not to have a hearing of 
 one moment, unless preceded by acknowledgment of our indepen- 
 dence, because we can never be happy under English domination." 
 
 Robert Morris was bom in England in 1733. At 
 the age of eleven he came to Philadelphia and acted as 
 clerk in a store, afterwards becoming one of the first mer- 
 chants of the city, and acquiring a fortune. Several times 
 Washington was supplied with money by him, thus pre- 
 venting the disbanding of the army. He was a member of 
 
284 CIVIL GOVERNMENT. 
 
 the Second Continental Congress and a signer of the Decla- 
 ration of Independence. 
 
 Through his efforts a national bank was established at 
 Philadelphia in 1781. Morris was its superintendent, and 
 large sums were deposited in it by Congress. He was a 
 member of the Constitutional Convention of 1787. The 
 position of Secretary of the Treasury was offered to him 
 by Washington, but he declined the office, and Hamilton 
 was appointed. Died in poverty, 1806. 
 
 EDMUND RANDOLPH. 
 
 "Liberty, tried in the school of adversity, had made successive 
 displays of uncontrollable energy, had risen above the storm, and 
 now assumed her station in the midst of tranquillity and peace." 
 
 Edmund Randolph was born in Virginia, August 10, 1753. 
 Studied at William and Mary College, and was admitted to 
 the bar. In 1776 he helped to frame the constitution of 
 Virginia, and became the Attorney-General of the State. 
 From 1786 to 1788 he was Governor of Virginia, and in 1787 
 he was a member of the convention which framed the Con- 
 stitution. Washington appointed him Attorney-General in 
 1789 and Secretary of State in 1794. He died in 1813. 
 
 BENJAMIN FRANKLIN. 
 
 "I have lived a long time, and the longer I live the more con- 
 vincing proofs I see of this truth, that God governs in the affairs of 
 men. And if a sparrow cannot fall without His notice, is it probable 
 that an empire can rise without His aid ?' ' 
 
 Benjamin Franklin was bom in Boston, January 17, 1706. 
 He had little education, and at the age of twelve was ap- 
 prenticed to his brother to learn the trade of printer. He 
 
LIVES OF HISTORICAL CHARACTERS. 285 
 
 afterwards left Boston and came to Philadelphia. Here he 
 opened a printing-office, and in 1729 published The Penn- 
 sylvania Gazette. In 1732 Franklin commenced the publi- 
 cation of *' Poor Richard's Almanac," which contained many- 
 wise sayings and proverbs. In 1737 he was postmaster of 
 Philadelphia, and shortly afterwards was elected member 
 of the Assembly. 
 
 At a convention held at Albany in 1754 Franklin pro- 
 posed a plan of union of all the Colonies. This plan, al- 
 though adopted by the convention, did not go into effect, 
 as the King of England and the people of the Colonies op- 
 posed it. 
 
 In 1764 he was sent to England to contest the preten- 
 sions of Parliament to tax the Colonies without represen- 
 tation. He returned to take part in the Declaration of 
 Independence. To secure foreign assistance, he was sent 
 to Paris, 1776. The result was a treaty with France, signed 
 February 6, 1778. He continued as minister till 1785. 
 He was a delegate to the Constitutional Convention. 
 
 He founded the Philadelphia Library, University of 
 Pennsylvania, American Philosophical Society, and the 
 Pennsylvania Hospital, and was the inventor of a fireplace 
 and the lightning-rod. Died in 1790. 
 
 GOUVBRNEUR MORRIS. 
 
 '* Honesty and good sense have little to fear from the snares of 
 the cunning." 
 
 GouvERNEUR MoRRis was bom in New York, January 31, 
 1752. Graduated from Columbia College in 1786, and was 
 admitted to the bar. He early showed a talent for finance, 
 and took an active part in the political affairs of the Revo- 
 lutionary period. In 1787 he was a member of the Con- 
 
286 CIVIL GOVERNMENT. 
 
 stitutional Convention. He was minister to France under 
 Washington, and United States Senator from New York, 
 1800-1803. Died in 1816. 
 
 JOHN DICKINSON. 
 " By uniting we stand, by dividing we fall.'* 
 
 John Dickinson was born in Maryland in 1732. He 
 studied law, and afterwards moved to Philadelphia. As 
 a member of the Pennsylvania Assembly, the Stamp Act 
 Congress, and the Second Continental Congress, he took 
 an active part in the early affairs of the government, being 
 the author of the resolutions passed by the Stamp Act 
 Congress protesting against the action of England, and of 
 the Articles of Confederation passed by Congress in 1777. 
 He was president of the Trade Convention, which met at 
 Annapolis in 1786. He was a member of the Constitutional 
 Convention, and in 1788 published several letters advo- 
 cating the adoption of the Constitution. Died in 1808. 
 
 HENRY CLAY. 
 ' * Sir, I would rather be right than be President. ' ' 
 
 Henry Clay was bom in Virginia, April 12, 1777. He 
 studied law, and was elected to the Legislature of Virginia 
 in 1804. In 1806 he was elected to serve an unexpired 
 term in the United States Senate ; in 1809 he was re-elected. 
 In 1811 he was sent to the United States House of Repre- 
 sentatives, where he was immediately chosen Speaker. A 
 strong advocate of nationality, he denounced the claim put 
 forth by England as to the right of search. He was a stren- 
 uous supporter of the war with that country, and, in con- 
 sequence, was sent, in 1814, as one of the commissioners 
 
LIVES OF HISTORICAL CHARACTERS. 287 
 
 to sign the treaty of peace at Ghent, where his acuteness 
 secured some advantages for America. Clay, however, is 
 best known as the author of the famous Missouri Com- 
 promise, restricting slavery to the States south of 36° 30' 
 north latitude; also for the Compromise of 1850, known 
 as Clay's " Omnibus Bill," and for his defence of the Amer- 
 ican system of protection to native industry against the free- 
 trade principles of Southern politicians. 
 
 He was by far too fertile in compromises to be the author 
 of any measure conferring lasting benefit on his country. 
 He was very popular during his lifetime, and was two or 
 three times proposed for the Presidency, an honor, how- 
 ever, which he never succeeded in obtaining. Died in 1852. 
 
 DANIEL "WEBSTER. 
 
 "In all governments truly republican, men are nothing — principle 
 is everything." 
 
 Daniel Webster was born in New Hampshire, January 
 18, 1782. He studied law and was admitted to the bar in 
 1805. With the New England Federalists, he opposed the 
 second war with England. Sent to Congress in 1813 he 
 served two terms, maintaining an honorable position in an 
 unpopular party. 
 
 Returning to Congress in 1823 as a Representative from 
 Massachusetts Webster found few rivals. After rendering 
 important services in the House, he was, in 1827, trans- 
 ferred to the Senate, the scene of his greatest triumphs. 
 In the early part of his Congressional career he had favored 
 free-trade and opposed the policy of protection. But in 
 1828 he gave his consent to Clay's "American System." 
 
 The principle of nationality, the dominant passion of his 
 mind, was fully manifested in his prompt and thrilling reply 
 
288 CIVIL GOVERNMENT. 
 
 to Senator R. Y. Hayne, of South Carolina, who had, in 
 1830, attacked New England as opposing the growth of the 
 Union. 
 
 In 1840 Webster was made Secretary of State under 
 Harrison. Harrison died in a month, and his successor, 
 Tyler, changed the policy of the administration. Four of 
 the Secretaries resigned, and Webster was criticised by his 
 own party for remaining. His persistence was justified by 
 the successful negotiation of the Ashburton Treaty with 
 Great Britain. When this was settled he resigned. 
 
 In 1844 Webster refused his party's nomination for Presi- 
 dent and supported Clay, who was defeated by Polk. In 
 1845 he was returned to the Senate. He assisted in avert- 
 mg a threatened war with England over the northwest 
 boundary, which was finally fixed on the forty-ninth par- 
 allel, as suggested by him. The leading part of Polk's 
 administration was the war with Mexico, which Webster 
 opposed, as he did any acquisition by conquest. 
 
 He wrote that he detested slavery but was unwilling to 
 break up the Union to abolish it. He was made Secretary 
 of State by Fillmore in 1850. Webster was deeply disap- 
 pointed at not receiving the Whig nomination for the Presi- 
 dency in 1852. His health and spirits gave way, and he 
 retired to Massachusetts, where he died, 1852. 
 
 JOHN O. CALHOUN. 
 
 * ' Just as people rise in the scale of intelligence, virtue, and patriot- 
 ism, and the more perfectly they become acquainted with the nature 
 of government, the ends for which it was ordered, and how it ought to 
 be administered, the power necessary for government becomes less 
 and less, and individual liberty greater and greater." 
 
 John C. Calhoun was bom in South Carolina, March 
 18, 1782. Having graduated from Yale College and gained 
 
LIVES OF HISTORICAL CHARACTERS. 289 
 
 distinction at the bar, he was sent to Congress in 1811, 
 where he soon became the leader of the war party gainst 
 England. He was the author of the tariff law of 1816, and 
 was made Secretary of War in 1817. 
 
 The early part of Calhoun's career was marked by broad 
 and patriotic views, to which his subsequent preferment of 
 Southern interests presents an unfavorable contrast. The 
 tariff of 1828 not being favorable to the Southern States, he 
 still adhered to the government, hoping that Jackson would 
 veto the measure. In this he was disappointed, so he 
 went to South Carolina, and there in 1829 carried in the 
 Legislature the notorious resolution, " That any State in the 
 Union might annul an act of the federal government." To 
 this Georgia, Virginia, and Alabama acquiesced, and threat- 
 ened a dissolution of the Union. President Jackson promptly 
 used energetic measures, and the resolution had no effect. 
 
 Calhoun lost popularity, and despairing of reaching the 
 Presidency he resigned as Vice-President, but was after- 
 wards elected to the Senate. In 1838 he delivered his 
 famous speech on slavery, and continued to agitate on be- 
 half of the slave-holding interests and for the dissolution of 
 the Union till his death in 1850. In his private career he 
 was blameless, but in his career as a statesman he stood for 
 a principle which was one of the causes of the Civil War. 
 
 CHARLES SUMNER. 
 
 ' ' Whatever may be the temporary applause of men, or the expres- 
 sions of public opinion, it may be asserted without fear of contradic- 
 tion that no true and permanent fame can be founded except in 
 labors which promote the happiness of mankind." 
 
 Charles Sumner was born in Boston, 1811, and educated 
 at Harvard College, where he graduated in 1830. He studied 
 law and was admitted to the bar, but did not practise, find- 
 
 19 
 
290 CIVIL GOVERNMENT. 
 
 ing more congenial employment as a lecturer on legal topics 
 and as a contributor to law journals. In private life he was 
 greatly esteemed for his sincerity and earnestness, his gen- 
 eral cultivation, his stainless character, and his cheerful and 
 kindly demeanor. 
 
 He came into prominence by a civic oration on July 4, 
 1845, under the title of "The True Grandeur of Nations," 
 a denunciation of war as inconsistent with greatness. Sum- 
 ner agreed with the Abolitionists in asserting the inherent 
 and total sinfulness of slavery ; but, unlike them, he main- 
 tained that the Constitution did not recognize property in 
 man, and that slavery, a purely sectional institution, could 
 be so crippled by legislation that it would necessarily become 
 extinct. 
 
 In 1848 he joined with others holding similar views in 
 the formation of the Free-Soil party. In 1851 he was 
 elected to the Senate as the successor of Webster. The 
 post thus gained he continued to hold during the remainder 
 of his life, being re-elected in 1857, 1863, and 1869. 
 
 He was urgent for the emancipation of the slaves, and 
 not less strenuous, after this had been secured, in obtaining 
 for the colored race the fullest civil and political equality. 
 He died in 1874. 
 
 STEPHEN A. DOUGLAS. 
 
 ** You cannot fix bounds to the onward march of this great and 
 growing country. You cannot fetter the limbs of the young giant. 
 He will burst all your chains. He will expand and grow, and in- 
 crease and extend civilization, Christianity, and liberal principles." 
 
 Stephen A. Douglas was born in Vermont, 1813. In 
 1834 he began the practice of law in Illinois. He was 
 elected Attorney-General of this State in the same year, 
 member of the Legislature in 1835, Secretary of State in 
 
LIVES OF HISTORICAL CHARACTERS. 291 
 
 1840, and judge of the State Supreme Court in 1841. He 
 was also United States Representative and Senator. 
 
 On the question of slavery, he maintained that the people 
 of each Territory should decide whether it should be a free 
 or a slave State. This was known as the " Doctrine of 
 Squatter Sovereignty." 
 
 In 1860 he received the regular Democratic nomination 
 for President, the seceding delegates nominating Breckin- 
 ridge. He supported Lincoln during the war. He died 
 in 1861. 
 
 GEORGE WASHINGTON. 
 
 * ' Labor to keep alive in your breast that little spark of celestial 
 fire called conscience." 
 
 George Washington was born in Virginia, February 
 22, 1732. Nothing is known of Washington's childhood, 
 notwithstanding the many stories which have gathered 
 about his name. He seems to have been a good, healthy 
 boy, of strong physique, with a sober-mindedness beyond 
 his years. In 1747 he went to Mount Vernon, the residence 
 of his half-brother Lawrence. The removal was a good 
 thing for the boy, as it gave him access to books and to 
 better teachers. In 1748, when he was sixteen years of 
 age, Lord Fairfax employed him to survey his property in 
 the valley of Virginia. 
 
 The French, about 1752, were connecting their settle- 
 ments on the Great Lakes with those on the Mississippi by 
 a chain of posts on the Ohio. This region was supposed to 
 be English territory. Governor Dinwiddie, of Virginia, de- 
 termined to warn them off. Washington was sent on this 
 errand, but the result was ineffective. He was next sent in 
 command of an expedition, but was compelled to surrender. 
 He was a member of Braddock's staff when the latter was' 
 
292 CIVIL GOVERNMENT. 
 
 sent against the French. Though he gave good advice, 
 which v^as disregarded, he had the satisfaction of saving 
 the remnants of Braddock's army. 
 
 Washington represented Virginia in the First and Second 
 Continental Congresses, in which he took a leading part. 
 He was appointed commander-in-chief of the Continental 
 army. At first he did not understand the men, nor they 
 him, but before long he brought order out of confusion, and 
 at the same time won the love and respect of his men. 
 He brought the war to a successful issue. 
 
 Washington retired to Mount Vernon, and turned his at- 
 tention to securing a stronger government by constitutional 
 means. Society seemed almost falling to pieces. By 1787 
 matters had reached such a crisis that even Congress saw 
 the necessity for action. A convention of delegates from 
 twelve States met at Philadelphia and formulated the present 
 Constitution. Over the deliberations of this convention 
 Washington presided. The government under this Con- 
 stitution began in 1789, with Washington as the first Presi- 
 dent. 
 
 To his new office he brought the same qualities which 
 had contributed so much to the success of the Revolution, 
 the same honesty of purpose and dignity of character. Of 
 all the many striking things in Washington's life and work, 
 his Americanism stands forth. He thought that America 
 should stand aloof from the conflicts of Europe, and in- 
 augurated a policy of neutrality which has remained the 
 policy of the country from his time to ours. 
 
 Washington's education was meagre, and he began his life- 
 work at the age when most boys are entering upon a college 
 career. This deficiency in his training was more patent to 
 him, perhaps, than to any other person. To the very last 
 he was engaged in remedying this defect, and died a fairly 
 
LIVES OF HISTORICAL CHARACTERS. 293 
 
 well-read man in history and politics. He knew no language 
 except his own, but he was familiar with the masterpieces of 
 the English tongue. 
 
 JOHN ADAMS. 
 
 * * Your conscience is the minister plenipotentiary of God Almighty 
 placed in your breast : see to it that this minister never negotiates in 
 vain." 
 
 John Adams was born in Massachusetts, October 19, 1735. 
 He was educated at Harvard College, studied law, and was 
 admitted to the bar in 1758. In 1768 he moved to Boston. 
 Important questions touching the rights and duties of the 
 Colonies were freely debated at this time, and Adams is 
 credited with having struck the key-note of the Revolution 
 by protesting before the Governor and Council in 1765 
 against the enforcement of the Stamp Act and against the 
 right of England to tax the Colonies without their consent. 
 
 He was a member of the First Continental Congress, 
 which met in Philadelphia, 1774. He proposed and secured 
 the election of Washington as commander-in-chief of the 
 Continental army. On June 7, 1776, he seconded the mo- 
 tion of Richard Henry Lee, of Virginia, " That these United 
 Colonies are, and of right ought to be. Free and Independent 
 States." He was one of the commissioners to arrange the 
 treaty with England, which was finally signed on September 
 3, 1783. He was elected Vice-President in 1788 and again 
 in 1792. In 1796 he succeeded Washington as President. 
 His administration was very unpopular. This was caused 
 by his advocacy of the alien and sedition laws. The former 
 provided for the expulsion of a foreigner from the country 
 without a regular trial, while the latter provided punishment 
 for those who wrote or spoke anything malicious about the 
 government. Failing of re-election, he retired to private 
 life, where he died in comparative obscurity, July 4, 1826. 
 
294 CIVIL GOVERNMENT. 
 
 THOMAS JKPFERSON. 
 
 "We hold these truths to be self-evident, that all men are created 
 equal ; that they are endowed by their Creator with certain unalien- 
 able rights ; that among these are life, liberty, and the pursuit of 
 happiness." 
 
 Thomas Jefferson was born in Virginia, April 13, 1743. 
 He entered William and Mary College at the age of seven- 
 teen, and remained there two years. In 1767 he was ad- 
 mitted to the bar and practised with success. In 1769 he 
 was a member of the House of Burgesses, and here his 
 first important effort was the support of a motion for the 
 emancipation of slaves. 
 
 Jefferson was a member of the Second Continental Con- 
 gress, which met at Philadelphia in June, 1775. On June 7 
 Richard Henry Lee moved that the independence of the 
 Colonies be declared. Congress fixed July 1 for the con- 
 sideration of the motion, and meanwhile appointed a com- 
 mittee of five to prepare a suitable declaration on which to 
 act. Jefferson was chairman, and the others were Benjamin 
 Franklin, John Adams, Roger Sherman, and Robert R. Liv- 
 ingston. By request of his colleagues, Jefferson wrote the 
 draft of the declaration, which was submitted to the House 
 on June 28. Lee's resolution was passed July 2, and the 
 formal declaration, essentially as submitted, was adopted 
 July 4, 1776. 
 
 Among the reforms largely due to him were laws abolish- 
 ing primogeniture and establishing the freedom of religious 
 opinion. 
 
 He succeeded Patrick Henry as Governor of Virginia, 
 1779 to 1781. In 1783 he was elected to Congress, then 
 sitting at Annapolis, where he secured the adoption of the 
 decimal system of coinage. In 1795 he became Secretary 
 
LIVES OF HISTORICAL CHARACTERS. 295 
 
 of State. From the origin of the RepubHcan party Jeffer- 
 son was its leader. He was President from 1801 to 1809. 
 He died July 4, 1826. 
 
 JAMES MADISON. 
 " No government, any more than an individual, will long be re- 
 spected without being truly respectable." 
 
 James Madison was born in Virginia, March 16, 1751. He 
 graduated from Princeton in 1772, and studied law. In 
 1776 he was a member of the Virginia Convention, and took 
 a useful part in drawing up the State constitution. In 1780 
 he was elected to the Continental Congress, and in 1784 to 
 the Legislature of Virginia, in which he was instrumental in 
 securing recognition of the right of religious liberty. 
 
 Madison was active in bringing about the Convention of 
 1787, which framed the federal Constitution. There he 
 acted with Hamilton and Jay, and with them wrote *' The 
 Federalist." He was the chief author of the Virginia Plan, 
 which even went somewhat towards disregarding State 
 rights. He also suggested the important compromise under 
 which, whether in apportioning taxation or representation, 
 slaves were to be regarded as people, not chattels, but five 
 were to be reckoned as three persons, — the so-called three- 
 fifths rule, which secured the adoption of the Constitution 
 by South Carolina and other slave-holding States. 
 
 Through his efforts Virginia finally ratified the Constitu- 
 tion by a vote of eighty-nine to seventy-nine. He was 
 elected to the First Congress. He did as much as any one 
 towards securing the adoption of the Constitution. Madison 
 drafted the main features, and also offered the first ten 
 amendments. From 1801 to 1809 he was Secretary of 
 State, and from 1809 to 1817, President. He died in Vir- 
 ginia in 1836. 
 
296 CIVIL GOVERNMENT. 
 
 JAMES MONROE. 
 
 *'The American continents, by the free and independent condition 
 which they have assumed and maintain, are henceforth not to be con- 
 sidered as subjects for future colonization by any European power." 
 
 James Monroe was born in Virginia, April 29, 1758. He 
 entered the Revolutionary army at the age of eighteen, and 
 was present at several battles. He afterwards studied law 
 with Jefferson. In 1782 he was elected to the Assembly of 
 Virginia, and the next year to Congress, where he took an 
 active part in the movements for framing a new constitution. 
 He joined with Patrick Henry and other leading State rights 
 men in opposing the ratification. He feared the power and 
 encroachment of the federal government. He was after- 
 wards sent by Washington as minister to France. 
 
 In 1799 he was elected Governor of Virginia, and in 1803 
 was sent by Jefferson to purchase Louisiana from France for 
 fifteen million dollars. On the election of Madison he was 
 made Secretary of State, and also performed the duties of 
 Secretary of War. In 1816 his eminent services were re- 
 warded by his election as President, to which office he was 
 afterwards re-elected. The acquisition of Florida and the 
 Missouri Compromise were events of his administration. 
 His most popular acts were the recognition of the inde- 
 pendence of Mexico and the South American republics, and 
 the promulgation of what has since been called the " Monroe 
 Doctrine," in which he declared the American policy of 
 " neither entangling ourselves in the broils of Europe, nor 
 suffering the powers of the Old World to interfere with the 
 affairs of the New, and that any attempt to extend their sys- 
 tem to any portion of this hemisphere would be dangerous 
 to our peace and safety." After being twice President, he 
 acted as justice of the peace, a visitor of the University 
 
LIVES OF HISTORICAL CHARACTERS. 297 
 
 of Virginia, and a member of a State convention. A profuse 
 generosity and hospitality caused him to be overwhelmed 
 with debt, and he found refuge with his relatives in New 
 York, where he died in 1831. He was an honorable and 
 able statesman, though not a speaker or a man of brilliant 
 talents. 
 
 ANDRKW JACKSON. 
 
 •* The laws of the United States must be executed. They who told 
 you that you might peacefully prevent their execution deceived you. 
 Their object is disunion, and disunion by armed force is treason." 
 
 Andrew Jackson was born in North Carolina, March 15, 
 1767. He studied law, and in 1788 removed to Nashville, 
 Tennessee. In the new State of Tennessee Jackson was a 
 leading man. After helping to frame its constitution, he 
 became its Representative in Congress in 1796, its United 
 States Senator in 1797, and a judge of its Supreme Court 
 in 1798. 
 
 When war was declared against Great Britain in 1812 
 Jackson, then major-general of the State militia, offered his 
 services, which were accepted, and he was made general 
 of the army. In 1815 the British tried to take New Orleans, 
 but Jackson defeated them. This battle was remarkable 
 for the fact that it was fought after the treaty of peace had 
 been signed at Ghent in 1814. No submarine cable was 
 in operation at that time, and therefore the mode of com- 
 munication was by letters, which were brought from the 
 Old World by vessels. The treaty was consuriimated De- 
 cember 24, 1814, but, as it required six weeks to make the 
 voyage, Jackson was unaware of the signing of the treaty 
 when he fought the battle on January 8. 
 
 After the purchase of Florida, Jackson was its first Gov- 
 ernor, but he soon resigned, and in 1823 was again elected 
 
298 CIVIL GOVERNMENT. 
 
 to the Senate. In the next year he was a candidate for 
 President. The election went to the House of Representa- 
 tives, which chose John Quincy Adams. He was, however, 
 elected to this office in 1828. A striking feature of his ad- 
 ministration was the sweeping removal of minor officials 
 and the filling of their places with his partisans. On Novem- 
 ber 24, 1832, the Legislature of South Carolina adopted an 
 ordinance of nullification. President Jackson's proclama- 
 tion ably argued the whole question, and declared a firm 
 determination to execute the laws and preserve the Union. 
 
 The President's veto power was much more freely exer- 
 cised by Jackson than by any of his predecessors. His 
 most memorable veto was that of a bill to renew the charter 
 of the United States Bank. He was re-elected in 1832. 
 
 In his administration the national debt was fully paid. 
 In foreign affairs Jackson won credit by enforcing the claims 
 for the spoliations committed by French vessels during the 
 wars of Napoleon. In 1831 France, by treaty, agreed to 
 pay five million dollars, but afterwards delayed payment. 
 He then recommended to Congress to order the seizure of 
 French vessels to make up the amount, and France, after a 
 protest, paid the claim. Jackson's second term having ex- 
 pired on March 4, 1837, he retired to private life at the 
 Hermitage, near Nashville, where he died, 1845. 
 
 ABRAHAM LINCOLN. 
 
 * ' Let us have faith that Right makes Might, and in that faith let 
 us to the end dare to do our duty as we understand it." 
 
 Abraham Lincoln was born in Kentucky in 1809. He 
 learned the little that was taught in the country schools, 
 and was employed in rough farm work until, at the age of 
 nineteen, he went on a flat-boat to New Orleans. His first 
 close view of slavery made a lasting impression on his mind. 
 
LIVES OF HISTORICAL CHARACTERS. 299 
 
 Wlien twenty-one years of age his father moved to Illinois, 
 where the son assisted in felling trees and splitting rails for 
 fences, though he still found time for the study of law. He 
 was elected to the Legislature in 1834 and served till 1842. 
 
 When the Republican party was organized in 1856 to 
 oppose the extension of slavery, Lincoln was its most 
 prominent leader in Illinois. In May, 1860, the Republican 
 convention nominated him for President. After an intensely 
 exciting campaign, Lincoln was elected. The slavery leaders 
 immediately put into execution their plans for the secession 
 of the States. 
 
 On January 1, 1863, he proclaimed all slaves free in 
 those States or parts of States then in rebellion. By the 
 Thirteenth Amendment, ratified in 1865, all slaves through- 
 out the United States were given their freedom. In 1864 
 he was renominated for President and elected, but was 
 assassinated April 14, 1865, by John Wilkes Booth, an actor. 
 
 He was a man of strict morality. His public life was 
 
 devoted to the good of his fellow-men, and his fame is 
 
 established as the saviour of his country and the liberator 
 
 of a race. 
 
 JOHN JAY. 
 
 * ' The only way to be loved is to be and appear lovely ; to possess 
 and display kindness, benevolence, tenderness ; to be free from selfish- 
 ness, and to be alive to the welfare of others." 
 
 John Jay was born in New York, December 12, 1745. 
 He graduated from Columbia College in 1764, and was ad- 
 mitted to the bar in 1768. He was elected to the First and 
 Second Continental Congresses. The constitution of New 
 York was drafted by him, and he was appointed Chief Justice 
 of the court. He was returned to Congress in 1778, and 
 was elected its president, and in 1779 was sent as minister 
 to Spain. He was a commissioner to arrange the treaty 
 
300 CIVIL GOVERNMENT. 
 
 which ended the Revolutionary War, and which w^as signed 
 in 1783. He aided Madison and Hamilton in writing the 
 articles for " The Federalist," and was appointed by Wash- 
 ington the first Chief Justice of the United States Supreme 
 Court. In 1795 he was sent to make a treaty with England. 
 This treaty, though favorable to the United States, was de- 
 nounced by his political opponents, but it was finally ratified. 
 He was Governor of New York from 1795 to 1801. He died 
 
 in 1829. 
 
 JOHN MARSHALL. 
 
 ' ' A power vested carries with it all those incidental powers which 
 are necessary to its complete and efficient execution." 
 
 John Marshall was born in Virginia, 1755. He studied 
 law, and took part in the Revolutionary War. He quickly 
 distinguished himself in his profession, and rose to the head 
 of the Virginia bar. In 1788 he was a member of the State 
 convention which ratified the United States Constitution. 
 In 1797, with Pinckney and Gerry, he was appointed envoy 
 to France. The envoys were ordered to leave the country, 
 as they refused to pay money to the French government. 
 This action made him more respected and popular at home, 
 and in 1799 he was elected to Congress. From 1800 to 
 1801 he was Secretary of State. He was appointed Chief 
 Justice of the Supreme Court in 1801, and occupied this 
 place till his death, which occurred in Philadelphia in 1835. 
 
 ROGER B. TANEY. 
 
 * ' The men who framed the Declaration were great men, high in 
 literary acquirements, high in their sense of honor, and incapable 
 of asserting principles inconsistent with those on which they were 
 acting. ' ' 
 
 Roger B. Taney was born in Maryland in 1777. He 
 was admitted to the bar in 1799, and was elected to the State 
 
LIVES OF HISTORICAL CHARACTERS. 301 
 
 Senate in 1816. He was a courageous opponent of slavery 
 as early as 1819. In 1824 he passed from the Federalist to 
 the Democratic party, and supported Andrew Jackson, who 
 in 1831 appointed him Attorney-General of the United 
 States, and in 1833 Secretary of the Treasury. He en- 
 couraged and carried on the removal of the government 
 deposits from the United States Bank. 
 
 In 1836 he became Chief Justice. His early decisions 
 were strongly in favor of the doctrine of State sovereignty ; 
 but his most famous decision was that in the Dred Scott 
 case. He died in 1864. 
 
CHAPTER XVI. 
 POUnOAL AND HISTOEIOAL ARTICLES. 
 
 POLinOAL PARTIES. 
 
 The Ideas of Men differ. — In republics the power of 
 government remains with the people, who exercise it through 
 representatives. This being true, it is natural that all per- 
 sons will not hold the same opinion as to the best method 
 of solving the problems which confront the government. 
 It is almost impossible to set a problem before a number 
 of people and secure a unanimous method of solution. 
 Each one is likely to have a different plan ; several at least 
 will be offered. 
 
 How Parties are formed. — As men have various ideas 
 as to how the country should be governed, those of like 
 opinion unite for the purpose of controlling the government 
 and putting their principles into practice. Before election 
 each party nominates candidates and adopts a platform set- 
 ting forth its principles. On election day the people decide 
 which principles are to be put in force and which candi- 
 dates are to fill the offices. 
 
 The Utility of Several Parties. — In governmental affairs 
 other parties are always watching the one in power, so as 
 to discover any mistake or fraud. Should this be discov- 
 ered, the voters are informed through the newspapers. At 
 the next election the voters may vote against the candidates 
 of this party. This acts as a restraint upon the party in 
 power. 
 
 302 
 
POLITICAL AND HISTORICAL ARTICLES. 303 
 
 Political Parties in the United States. — Political par- 
 ties have existed in the United States from the beginning 
 of the government, sometimes being few and at other 
 times many. Political parties are not always continuous. 
 Sometimes the principle for which a political party stands 
 is settled and the party dies, or else adopts a new prin- 
 ciple, lately arisen, and continues its existence under a new 
 name. 
 
 . Federalists and Anti-Federalists. — Poor as the Articles 
 of Confederation were as a body of laws, the people were 
 not all favorable to the Constitution. There were two par- 
 ties, the Federalists, who were in favor of a strong central 
 government and supported the ratification of the Constitu- 
 tion, and the Anti-Federalists, who opposed the ratification 
 of the Constitution, because they feared that it gave too much 
 power to the nation and that a monarchy would result. 
 They wished the main power to exist in the States. Suf- 
 ficient States giving their consent to the ratification of the 
 Constitution, the cause of the difference of opinion no longer 
 existed, and the Anti-Federalist party became extinct. The 
 Federalist party still continued. In 1791 ten amendments, 
 giving important rights to the people, were added to the 
 Constitution, and many former Anti-Federalists gave their 
 support to the new government. 
 
 Federalists and Democratic-Republicans. — The people 
 of France, during Washington's administration, declared 
 themselves a republic. This led to a bloody revolution. 
 At the same time France was drawn into a war with Great 
 Britain. The French, having helped us during the Revolu- 
 tion, thought that the United States would assist them. 
 An ambassador named Genet was sent to this country to 
 
304 CIVIL GOVERNMENT. 
 
 endeavor to secure assistance. Washington was of the 
 opinion that we were too weak to engage in another war, 
 and refused to interfere in the dispute between France 
 and England. There were many, however, who thought, 
 as a matter of gratitude, that we should help the French. 
 These people formed themselves into what w^s known as 
 the Democratic-Republican party. The name was after- 
 wards shortened to Democratic party. 
 
 Democrats and Whigs. — The War of 1812 was opposed , 
 by the manufacturers of New England. A convention was 
 held at Hartford, Connecticut, in 1814, and it was said that 
 the members of this convention wished their States to leave 
 the Union. Many Federalists attended this convention, and, 
 as a result, it caused the downfall of the Federalist party. 
 The Federalist party was succeeded by the National Repub- 
 lican party, and this by the Whig party in 1835. The 
 Abolitionists, whose principle was to abolish slavery, formed 
 a party during Jackson's administration. 
 
 Present Parties. — The Democratic party of to-day stands 
 for a low tariff, free coinage of silver and gold at a ratio of 
 16 to 1, and is opposed to the idea of expansion by conquest. 
 
 The Republican party advocates a high or protective tariff, 
 gold standard, and is in favor of expansion by conquest. 
 
 Other parties are Prohibition, Socialist-Labor, and Social 
 Democracy. 
 
 PARTIES AND PRESIDENTS ELECTED BY THEM. 
 
 1. Federalist : Washington, Adams, 1789-1801. 
 
 2. Democratic : Jefiferson, Madison, Monroe, Jackson, Van Buren, 
 1801-1841. 
 
 3. Whig : Harrison and Tyler, 1841-1845. 
 
 4. Democratic : Polk, 1845-1849, 
 
POLITICAL AND HISTORICAL ARTICLES. 305 
 
 5. Whig : Taylor and Fillmore, 1849-1853. 
 
 6. Democratic : Pierce, Buchanan, 1853-1861. 
 
 7. Republican : Lincoln and Johnson, Grant, Hayes, Garfield and 
 Arthur, 1861-1885. 
 
 8. Democratic: Cleveland, 1885-1889. 
 
 9. Republican : Harrison, 1889-1893. 
 
 10. Democratic : Cleveland, 1893-1897. 
 
 11. Republican : McKinley and Roosevelt, 1897-1906. 
 
 POLinOAL. CONVENTIONS. 
 
 Conventions. — Before every election each political party- 
 nominates candidates for office and adopts a set of princi- 
 ples called a platform. This work is done at a meeting of 
 delegates. Such a meeting is known as a political conven- 
 tion. All parties do not meet in one convention, nor do 
 all conventions meet at the same time or place. Each 
 party has its own convention and selects its own time and 
 place of meeting. Conventions differ according to the 
 office to be filled. The following are the names of various 
 conventions : 
 
 1. National convention. 
 
 2. State convention. 
 
 3. County convention. 
 
 4. City convention. 
 
 5. Ward convention. 
 
 National Convention. — This is composed of delegates 
 from all the States and Territories in the United States. The 
 candidates it nominates are for the offices of President and 
 Vice-President. As the term of office of these men is four 
 years, conventions of this kind meet but once in that time. 
 The convention generally meets from three to five months 
 before the election, and in some city selected by the mana- 
 gers of the party. 
 
 20 
 
306 
 
 CIVIL GOVERNMENT. 
 
 State Convention. — This is composed of delegates from 
 the counties of a State. A State convention is not so gen- 
 eral in its membership as a national convention. There 
 is but one of the latter for each party, while of the former 
 there are as many as there are States. 
 
 Number of 
 Conventions. ■ 
 
 1. National . One for each party. 
 
 L2. State 
 
 One for each party in every one of the 
 forty-five States. If there were four 
 parties in each State, there would be 
 one hundred and eighty conventions 
 in all. 
 
 In a State convention the business is principally that of 
 nominating State officers, such as Governor, Lieutenant- 
 Governor, State Treasurer, and others. The time for holding 
 the convention varies in the States, corresponding to the 
 term of office of the State officials. If the term of office 
 of the Governor and Lieutenant-Governor be two years, it 
 will be necessary for the State convention to meet every two 
 years. In conventions of this kind the meeting-place is in 
 some city in the State, and the time of meeting is a few 
 months before election day. 
 
 County Convention. — This is composed of delegates 
 from the various towns and townships of a county. The 
 business of this convention is to nominate such county 
 officers as Judge, Sheriff, Attorney, Clerk, Commissioners, 
 Coroner, Surveyor, Treasurer, and Auditors. County con- 
 ventions are held as often as it is necessary to nominate 
 officers to carry on the business of the county. The place 
 of meeting is always within the county. There are as 
 many county conventions in a State as there are counties. 
 
POLITICAL AND HISTORICAL ARTICLES. 307 
 
 City Convention. — This is made up of delegates from 
 the various wards of a city. The men nominated are for 
 city offices, such as Mayor, City Treasurer, etc. 
 
 Ward Convention. — This is composed of delegates from 
 the different parts of a ward. There are as many in each 
 city as there are wards. In Philadelphia there are forty- 
 two wards, thus making forty-two ward conventions of each 
 political party. The meeting-place is in some hall in the 
 ward, and the officials nominated are members of the City 
 Councils and School Directors. 
 
 PROOLAMATIONS. 
 
 Meaning of the Term. — The publishers of newspapers 
 employ men to gather information concerning the govern- 
 ment. This is printed in the papers, and the people are 
 thus informed of recent events. Such news is unofficial, 
 being collected by the reporters and not printed by the 
 authority of any government official. There is, however, 
 other information which the government wishes the citi- 
 zens to know. This information is contained in a document, 
 which is signed by the President and the Secretary of State. 
 It is then given to the reporters. The latter information is 
 official, as it is given by the authority of the government. 
 The President alone has the power to give such information, 
 and the document is known as a proclamation. 
 
 Washington's Proclamation. — France was engaged in a 
 war with England during the administration of Washington. 
 The French sent an ambassador to the United States to 
 secure help. The President refused to give aid and issued 
 a proclamation of neutrality, stating that the United States 
 would not interfere in any European conflict. 
 
308 CIVIL GOVERNMENT. 
 
 Jefferson's Proclamation. — In Jefferson's administration 
 the crews of English ships boarded American vessels with- 
 out authority and claimed some of the crews. As a result 
 of these insults to the nation, the President issued a procla- 
 mation forbidding British cruisers to enter American ports. 
 
 Lincoln's Proclamation. — The most important procla- 
 mation issued since 1789 was the one by Lincoln in 1863. 
 In it the President declared the slaves free in those States 
 then in rebellion. 
 
 A Thanksgiving Proclamation. — A proclamation is is- 
 sued every year by the President, in which he asks the 
 people to assemble in their churches and thank the Supreme 
 Ruler for His blessings during the year. It is known as 
 the Thanksgiving Proclamation. The following one was 
 issued by President McKinley in 1897. 
 
 **In remembrance of God's goodness to us during the past year, 
 which has been so abundant, ' let us offer unto Him our thanks- 
 giving and pay our vows unto the Most High. ' Under His watchful 
 providence industry has prospered, the conditions of labor have been 
 improved, the rewards of the husbandman have been increased, and 
 the comforts of our homes multiplied. His mighty hand has preserved 
 peace and protected the nation. Respect for law and order has been 
 strengthened, love of free institutions cherished, and all sections of our 
 beloved country brought into closer bonds of fraternal regard and gen- 
 erous co-operation. 
 
 ** For these great benefits it is our duty to praise the Lord in a spirit 
 of humility and gratitude, and to offer up to Him our most earnest 
 supplications. That we may acknowledge our obligation as a people 
 to Him who has so graciously granted us the blessings of free govern- 
 ment and material prosperity, I, William McKinley, President of the 
 United States, do hereby designate and set apart Thursday, the twenty- 
 fifth day of November, for national thanksgiving and prayer, which all 
 
POLITICAL AND HISTORICAL ARTICLES. 309 
 
 of the people are invited to observe with appropriate religious services 
 in their respective places of worship. On this day of rejoicing and 
 domestic reunion let our prayers ascend to the Givei of every good and 
 perfect gift for the continuance of His love and favor to us, that our 
 hearts may be filled with charity and good-will, and that we may be 
 ever worthy of His beneficent concern. 
 
 ' ' In witness whereof I have hereunto set my hand and caused the 
 seal of the United States to be affixed. Done at the city of Washington, 
 this twenty-ninth day of October, in the year of our Lord one thou- 
 sand eight hundred and ninety-seven, and of the Independence of the 
 United States the one hundred and twenty-second. 
 
 "WILLIAM McKINLEY. 
 
 " By the President. 
 ' ' John Sherman, 
 
 *^ Secretary of State.'' ^ 
 
 Proclamations as Laws. — Proclamations have been is- 
 sued on other matters. Some proclamations, like the one in 
 1863, are really laws, and must be obeyed as such. Others 
 are merely suggestions, and may be followed or not as the 
 citizen thinks proper. Such is the Thanksgiving Proclama- 
 tion. The citizens are not commanded to observe the day, 
 but are requested to do so. 
 
 MASON AND DIXON'S LINE. 
 
 Conflicting Claims. — The land in the New World granted 
 by the kings of England to various men was never accu- 
 rately marked. The boundaries of the tracts were very 
 indefinite, so that the land held by one frequently extended 
 into the territory of another. Constant disputes resulted. 
 The only way to settle the matter definitely was to fix the 
 limits of the disputed land. 
 
 The Bound§,ry surveyed. — The descendants of Lord 
 Baltimore, proprietor of Maryland, and the descendants of 
 
310 CIVIL GOVERNMENT. 
 
 William Penn, proprietor of Pennsylvania, could not come 
 to an understanding in regard to the boundary between 
 their respective domains. As the result of much contro- 
 versy, Charles Mason and Jeremiah Dixon, two English 
 mathematicians and surveyors, were selected to fix the 
 boundary. To guide them in their work the papers con- 
 taining the original grants were used. The work was done 
 between 1763 and 1767, and the boundary-line fixed by 
 them gave satisfaction to all concerned. It remains to this 
 day. The line forms the southern boundary of Pennsyl- 
 vania and the northern boundary of Maryland, and is 39° 
 43' 26" north latitude. 
 
 Its Historical Meaning". — Besides having a geographical 
 use, it has an historical meaning ; in fact, its name became 
 celebrated from history alone. In 1820, during the angry 
 debates on the slavery question and the Missouri Com- 
 promise, John Randolph, of Virginia, said that Mason and 
 Dixon's Line was the dividing-line between the slave and 
 free States. Pennsylvania and all States north were free, 
 and Maryland and all States south held slaves. Although 
 the statement was true, the fact that it was the dividing- 
 line was a singular coincidence, as the line was drawn 
 long before slavery became an absorbing question in poli- 
 tics. 
 
 Its Present Meaning. — After 1820, as new States were 
 admitted into the Union, this coincidence still continued. 
 Mason and Dixon's Line only extended the length of Penn- 
 sylvania, but if it had been carried farther west in an ir- 
 regular way along the Ohio River, those to the north would 
 have all been free States, and those to tlie south, slave. 
 The Civil War terminated its historical meaning, and it is 
 
POLITICAL AND HISTORICAL ARTICLES. 311 
 
 now what it was originally, the boundary-line between 
 Pennsylvania and Maryland. 
 
 NORTHWEST AND SOUTHWEST TERRTTOEIES. 
 Cession of Claims by the States. — The treaty of peace 
 with England in 1783 extended the boundaries of the 
 United States westward to the Mississippi River. The 
 population was clustered along the sea-coast, leaving the 
 remaining land a wilderness. The extension of the boun- 
 dary westward caused the States to make claim to that terri- 
 tory opposite to them. Massachusetts, Connecticut, New 
 York, Virginia, North Carolina, South Carolina, and Georgia 
 all had claims on this territory. Some of these States, how- 
 ever, had their claims before 1783. Of these seven States 
 some claimed land north and west of the Ohio River, and 
 others that portion south and west of the same river. These 
 claims, often conflicting, caused much dispute. Afterwards 
 each State gave its land to Congress to be used for the com- 
 mon good, as follows : 
 
 New York, 1780. 
 Virginia, 1781. 
 Massachusetts, 1784. 
 Connecticut, 1786. 
 South CaroUna, 1787. 
 North Carolina, 1789. 
 Georgia, 1802. 
 
 Settlement of the Territories and their Admission 
 as States. — The land was organized into two Territories. 
 The first was known as the Northwest Territory, and the 
 second as the Southwest Territory. Numerous companies 
 were formed to buy immense tracts from the government 
 and to settle them, and soon each Territory was divided 
 
312 CIVIL GOVERNMENT. 
 
 into parts and admitted into the Union. From the North- 
 west Territory these States were made : 
 
 Ohio, admitted 1803. 
 Indiana, admitted 1816. 
 Illinois, admitted 1818. 
 Michigan, admitted 1837. 
 Wisconsin, admitted 1848. 
 
 From the Southwest Territory these States were made : 
 
 Kentucky, admitted 1792. 
 Tennessee, admitted 1796. 
 Mississippi, admitted 1817. 
 Alabama, admitted 1819. 
 
 Ordinance of 1787. — The Northwest Territory was soon 
 sufficiently settled to entitle it to a form of government. 
 In 1787 a committee reported " An Ordinance for the Gov- 
 ernment of the Territory of the United States Northwest 
 of the Ohio." This measure provided for the following : 
 
 1. No slavery should exist therein. 
 
 2. Estates were to be equally divided among all children, if there 
 were no will. This abolished the unjust law of primogeniture, which 
 had been in effect in many Southern colonies. 
 
 3. The Governor and judges were to be elected by Congress. There 
 was a Territorial Legislature composed of a House of Representa- 
 tives and a Council. The members of the former were elected by the 
 people, and the members of the latter were chosen by Congress. 
 
 4. Religious freedom was granted to all. 
 6. Education was encouraged. 
 
 In the Southwest Territory slavery was permitted to exist. 
 
 THE OREGON COUNTRY. 
 
 Discovery of the Colunibia River. — Captain Robert 
 Gray, a New England sailor, was engaged in trading with 
 
POLITICAL AND HISTORICAL ARTICLES. 313 
 
 the Pacific coast Indians as early as 1792. In this year he 
 discovered the mouth of an immense river, which he named 
 the Columbia, from the name of his vessel. The discovery 
 of the river afterwards furnished the United States with a 
 strong claim to this region when the dispute arose with 
 Great Britain as to who owned the land. Captain Gray 
 also had the honor of being the first American to carry his 
 country's flag around the world. 
 
 Expedition of Lewis and Clark. — The extent of the 
 Louisiana territory was indefinite. Jefferson, with the con- 
 sent of Congress, sent an exploring expedition into the new 
 country. The party left St. Louis in 1804 under the leader- 
 ship of Meriwether Lewis and William Clark. After fol- 
 lowing the Missouri River for about twelve hundred miles 
 they reached the place where Helena, Montana, now stands. 
 Crossing the mountains, they launched their boats in a 
 river. This river flowed into a larger one. Following the 
 latter's course, they came to its mouth November 7, 1805. 
 The river was the Columbia. Besides the knowledge of 
 the wild West gained, the exploration enabled the United 
 States to strengthen its claim to the territory. 
 
 Settlement of Astoria. — The reports of the wealth in 
 furs in this unsettled region caused many to go there to 
 trade. John Jacob Astor, of New York, organized a fur 
 company, and proceeded to establish trading-posts from the 
 Great Lakes to the Pacific Ocean. One of these stations 
 was established in 1811 at the mouth of the Columbia 
 River, and was named Astoria. This was the first American 
 settlement in that region. 
 
 Joint Occupation of Oreg-on. — In 1818 a treaty was 
 made in which it was agreed that the Oregon country 
 
314 CIVIL GOVERNMENT. 
 
 should be held by both England and the United States for a 
 period of ten years. In 1828 the limit expired. By another 
 agreement it was continued indefinitely, but it could be ter- 
 minated by either party after a year's notice. 
 
 Dr. Whitman's Trip to Washington. — Dr. Marcus Whit- 
 man, of New York, was a missionary. In 1836 he set out 
 for the disputed territory. Afterwards many emigrants fol- 
 lowed him. The British, during the same time, were also 
 making efforts to secure the land. English settlers were 
 there. Seeing that the only way to make the United States' 
 claim final was to populate it with our citizens. Whitman 
 went to Washington in 1843 and laid the matter before 
 Congress and the President. His efforts were not fruitless, 
 and by 1845 seven thousand Americans were living in 
 Oregon. 
 
 The Boundary settled. — The United States now had 
 such a strong claim to the entire country that the people de- 
 manded a settlement of the dispute and a termination of 
 the joint occupation agreed to in 1818. The one year's 
 notice was given in 1846. In the same year, however, the 
 matter was amicably settled by a treaty. The forty-ninth 
 parallel was made the boundary-line ; the part north of this 
 was taken by the English and the part south by the United 
 States. The territory acquired was immense. From it 
 three States were afterwards made : Oregon, admitted in 
 1859 ; Washington, admitted in 1889 ; and Idaho, admitted 
 in 1890. 
 
 THE STARS AND STRIPES. 
 
 The Flag. — When the Colonies were ruled by England, the 
 flag of that country was also their flag. At the commence- 
 ment of the Revolution various flags were used, but they were 
 
POLITICAL AND HISTORICAL ARTICLES. 315 
 
 not national. Patriotic mottoes were inscribed on them to in- 
 spire the soldiers. One such banner bore a pine-tree and the 
 words, " An Appeal to Heaven ;" another bore a rattlesnake 
 and the warning, " Don't Tread on Me." When Washing- 
 ton took command of the army at Cambridge there was as 
 yet no national flag. His flag was the English emblem, with 
 the addition of thirteen red and white stripes. 
 
 The war made the adoption of a flag necessary, so the 
 Second Continental Congress, in 1777, appointed a commit- 
 tee for this purpose, consisting of George Washington, George 
 Ross, and Robert Morris. They visited the home of Betsy 
 Ross, in Philadelphia. The result was the adoption of the 
 American flag on June 14, 1777. It was first raised on 
 land over Fort Stanwix, New York, and on shipboard by 
 Paul Jones. 
 
 In 1818 Congress decided that there should always be 
 thirteen stripes, being the number of the original States : 
 seven of these red, signifying valor, and six white, signifying 
 purity. The seven and six placed side by side make '76, 
 the ye£ir of independence. The stars were to be increased 
 as the Union became larger, — one star to be added on the 
 Fourth of July succeeding the admission of each State. 
 
 The attack on Fort McHenry, in 1814, inspired Francis 
 Scott Key to write some verses called " The Star Spangled 
 Banner." The poem was afterwards put to music and sung. 
 It is considered our national anthem. 
 
 "Uncle Sam." — "Uncle Sam" as a nickname for the 
 United States came about in a curious way. A man living 
 in New York during the War of 1812 was called "Uncle 
 Sam" by the soldiers. His real name was Samuel Wilson, 
 and his business was to send supplies to the army. All 
 goods belonging to the government were marked " U. S." 
 
316 CIVIL GOVERNMENT. 
 
 The initials of the man's nickname and the initials of the 
 government were thus ahke, and all goods sent out by him 
 were known as '' Uncle Sam's" goods. The name clung to 
 the government, and to-day is inseparable from it. 
 
 ARBITRATION. 
 
 Disputes peaceably settled. — In former days nations 
 were quicker to take up arms against each other than at 
 present. Each country is armed with weapons so de- 
 structive in their effects that any war must necessarily be 
 short, the loss of life enormous, and the expense almost 
 incalculable. There has been a tendency lately to settle 
 international disputes without war. To reach that ideal 
 state when there shall be "peace on earth," every one 
 sees the desirability of abolishing war. 
 
 A dispute between nations may end in an agreement 
 which is marked by a treaty. The dispute may cause a 
 war. Matters that have reached a crisis should be left to the 
 judgment of men having no interest in them, as the parties 
 concerned are often so excited that reason and judgment 
 are clouded. However, men of other nations know the 
 facts, and after proper consideration could give a fair deci- 
 sion. If the verdict be accepted, war would be prevented. 
 Settlement of cases by disinterested parties is known as 
 arbitration. The person or persons selected are given the 
 facts of the case. After proper consideration a decision is 
 made, which is final. Sometimes there is only one arbiter, 
 as in the Northwest boundary dispute, when Emperor Wil- 
 liam decided the case ; sometimes there are five, as in the 
 Alabama Claims. 
 
 Cases arbitrated. — By a treaty made at Washington 
 in Grant's administration, three separate matters of con- 
 
POLITICAL AND HISTORICAL ARTICLES. 317 
 
 troversy between Great Britain and the United States were 
 to be settled by arbitration. Five men, one each from 
 Great Britain, United States, Italy, Switzerland, and Brazil, 
 met at Geneva, Switzerland. England was found to have 
 allowed Confederate war-ships to be fitted out in her ports, 
 and in consequence much damage was done to American 
 commerce. The decision, made September 14, 1872, 
 awarded fifteen million five hundred thousand dollars to 
 the United States. 
 
 The second part of the treaty provided for the settlement 
 of the boundary between Washington Territory and Van- 
 couver Island in the Pacific Ocean. In 1872 Emperor Wil- 
 liam of Germany fixed the line. The island of San Juan 
 became our territory. What was then Washington Terri- 
 tory has since become a State. 
 
 The third section was in reference to fisheries off the 
 Canadian coast. The arbitrators decided against the United 
 States in 1877, and provided for the payment of five million 
 five hundred thousand dollars to Great Britain. 
 
 The United States claimed the right to regulate the capture 
 of seals in Behring Sea. In violation of rules, several English 
 ships were seized. This led to trouble with Great Britain, 
 and the matter was adjusted by arbitration. The repre- 
 sentatives were from Great Britain, United States, France, 
 Norway, and Sweden. The sea was to remain open, but 
 regulations were made. The decision was rendered in 1893. 
 
 Venezuela and British Guiana were in controversy over 
 the boundary between them. In 1895 President Cleveland 
 suggested to England that the question be settled by arbi- 
 tration. Great Britain agreed to the proposition in 1896. 
 
 Peace Conference. — An event in the world's history 
 occurred in 1899. Russia, the most despotic of all coun- 
 
318 CIVIL GOVERNMENT. 
 
 tries, and the one having the largest army, invited many- 
 nations to participate in a peace conference. The object 
 was to see whether some means could not be found for 
 the settlement of all disputes without war, and for decreas- 
 ing the immense military system now possessed by all. 
 
 Many countries sent representatives, who met at The 
 Hague, in Holland, on May 18 and continued till July 29, 
 when recommendations were made to all governments. 
 
 The success attending arbitration gives hope for an era 
 when war will not be the means to end a dispute. The 
 war often exceeds in cost the value of the question in dis- 
 pute, leaving out of consideration the loss of life, the de- 
 struction of trade, and the ill-feeling. The award of the 
 arbitrators is likely to be just, and for the sake of peace 
 and its accompanying blessings it should be accepted. 
 
 PASSPORTS. 
 
 Passports are papers given by the government to citizens 
 who intend spending some time in foreign countries. The 
 purpose is to protect our citizens and to secure for them all 
 the rights of the country in which they are staying. Pass- 
 ports are granted only to citizens of the United States. 
 
 To secure one, application must be made to the Secretary 
 of State. He is the only officer who has power to grant 
 them in this country. An American citizen who happens 
 to be in another country without this paper may get one 
 from the United States minister to that country. A pass- 
 port lasts but two years, and after that time it is of no 
 further use. One passport is sufficient for an entire family, 
 as the names and ages of all are mentioned in the one paper. 
 Persons not members of one family are required to have 
 separate passports. The cost of a passport is one dollar. 
 
 A citizen having a passport is under the protection of the 
 
POLITICAL AND HISTORICAL ARTICLES. 319 
 
 government while travelling, and any wrong done him 
 abroad would cause the government to ask for an explana- 
 tion and reparation. 
 
 PENSIONS. 
 
 Why panted. — A war takes men from their occupations 
 and homes. By their work many support others who do 
 not or cannot work. While serving in the army men re- 
 ceive pay, and thus the support at home continues. But 
 in battle many are killed or wounded, and their ability to 
 earn ceases. Those depending on them are therefore left 
 helpless. That this helplessness may in some degree be 
 ameliorated, the government grants a regular sum of money, 
 termed a pension. 
 
 Cost. — This liberal policy of the government has cost 
 millions of dollars. Ever since the Revolutionary War 
 there have been many who have received its aid. Suc- 
 ceeding wars have added large numbers to the list of pen- 
 sioners. From an annual expense of sixty-five million 
 dollars in Monroe's administration, it has steadily increased 
 till the enormous amount of one hundred and fifty million 
 dollars was reached when Harrison was President. 
 
 Regulation. — Pensions are regulated by Congress. So 
 liberal is the government that not only the wounded and 
 disabled soldiers receive pensions, but also the widows and 
 orphans of those who have died. The work entailed by 
 pensions is enormous, and requires many men. The 
 Bureau of Pensions is under the direction of the Depart- 
 ment of the Interior. The chief officer is called the 
 Commissioner of Pensions. He is appointed by the Presi- 
 dent and approved by the Senate, and his compensation is 
 five thousand dollars per annum. His work consists in 
 
320 CIVIL GOVERNMENT. 
 
 distributing the money to those entitled to it, in keeping 
 the records of soldiers, and in examining the claims of 
 those asking for government aid. 
 
 Distribution. — Pensioners reside in all parts of the 
 country. To require them to come to Washington to collect 
 the money would be a hardship, as it would require some 
 to spend a goodly part of what they were to receive. As 
 a convenience, government agents are appointed for districts. 
 The people living within a district call at the office of the 
 pension agent and are given their amounts. 
 
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APPENDIX, 
 
 THE MAYFLOWER COMPACT. 
 
 In the name of God, Amen ; We whose names are under-written, 
 the loyall subjects of our dread soveraigne Lord King James, by ye 
 grace of God of Great Britaine, France and Ireland, King, defender of 
 ye faith, &c., haveing undertaken, for ye glorie of God and advance- 
 mente of ye Christian faith, and honour of our King and countrie, a 
 voyage to plant the first colonie in ye Northerne parts of Virginia, doe 
 by these presents solemnly and mutually in ye presence of God, and 
 one of another, covenant and combine ourselves together into a civill 
 body politick, for our better ordering and preservation and furtherance 
 of ye ends aforesaid ; and by vertue hereof to enact, constitute and 
 frame such just and equall lawes, ordinances, acts, constitutions and 
 offices, from time to time, as shall be thought most meete and conve- 
 nient for ye generall good of ye colonie, unto which we promise all 
 due submission and obedience. In witnesse whereof we have here- 
 under subscribed our names, (hpe Cod 11 of November, in the yeare of 
 the raigne of our soveraigne Lord King James of England, Erance and 
 Ireland 18, and of Scotland 54. Anno Domini^ 1620. 
 
 21 121 
 
322 APPENDIX. 
 
 THE DECLARATION OF INDEPENDENCE, 
 IN CONGRESS, JULY 4, 1776. 
 
 A Declaration by the Representatives of the United States op 
 America, in Congress assembled. 
 
 When, in the course of human events, it becomes necessary for one 
 people to dissolve the political bands which have connected them with 
 another, and to assume, among the powers of the earth, the separate 
 and equal station to which the laws of nature and of nature's God 
 entitle them, a decent respect to the opinions of mankind requires that 
 they should declare the causes which impel them to the separation. 
 
 We hold these truths to be self-evident, that all men are created 
 equal ; that they are endowed by their Creator with certain unalienable 
 rights ; that among these are life, liberty, and the pursuit of happiness. 
 That, to secure these rights, governments are instituted among men, 
 deriving their just powers from the consent of the governed; 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 organ- 
 izing its powers in such form, as to them shall seem most likely to 
 effect their safety and happiness. Prudence, indeed, will dictate that 
 governments long established should not be changed for light and 
 transient causes; and, accordingly, all experience hath shown, that 
 mankind are more disposed to suffer, while evils are sufferable, than 
 to right themselves by abolishing the forms to which they are accus- 
 tomed. 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 future security. 
 Such has been the patient sufferance of these colonies, and such is 
 now the necessity which constrains them to alter their former systems 
 of government. The history of the present king of Great Britain is a 
 history of repeated injuries and usurpations, all having in direct object 
 
THE DECLARATION OF INDEPENDENCE. 323 
 
 the establishment of an absolute tyranny over these States. To prove 
 this, let facts be submitted to a candid world : 
 
 He has refused his assent to laws the most wholesome and 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 
 formidable to tyrants 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 
 annihilation, have returned to the people at large for their exercise ; 
 the State remaining, in the mean time, exposed to all the dangers of 
 invasion from without, and convulsions within. 
 
 He has endeavored to prevent the population of these States ; for 
 that purpose, obstructing the laws for naturalization of foreigners; 
 refusing 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 legislature. 
 
 He has affected to render the military independent of, and superior 
 to, the civil power. 
 
 He has combined with others to subject us to a jurisdiction foreign 
 to our constitution, and unacknowledged by our laws ; giving his assent 
 to their acts of pretended legislation : 
 
 For quartering large bodies of armed troops among us ; 
 
324 APPENDIX. 
 
 For protecting them, by a mock trial, from punishment for any 
 murders which they should commit on the inhabitants of these States : 
 
 For cutting off our trade with all parts of the world : 
 
 For imposing taxes on us without our consent : 
 
 For depriving us, in many cases, of the benefits of trial by jury : 
 
 For transporting us beyond seas to be tried for pretended offences : 
 
 For abolishing the free system of English laws in a neighboring 
 province, establishing therein an arbitrary government, and enlarging 
 its boundaries, so as to 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 governments : 
 
 For suspending our own legislatures, and declaring themselves in- 
 vested with power to legislate for us in all cases whatsoever. 
 
 He has abdicated government here, by declaring us out of his protec- 
 tion 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 
 begun, with circumstances of cruelty and perfidy scarcely paralleled 
 in the most barbarous ages, and totally unworthy the head of a civil- 
 ized 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 endeav- 
 ored to bring on the inhabitants of our frontiers the merciless Indian 
 savages, whose known rule of warfare is an undistinguished destruc- 
 tion of all ages, sexes, and conditions. 
 
 In every stage of these oppressions we have petitioned for redress, in 
 the most humble terms ; our repeated petitions have been answered 
 only by repeated injury. A prince whose character is thus marked by 
 every act which may define a tyrant, is unfit to be the ruler of a free 
 people. 
 
 Nor have we been wanting in attention to our British brethren. 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. We 
 have appealed to their native justice and magnanimity, and we have 
 
THE DECLARATION OF INDEPENDENCE. 325 
 
 conjured them, by the ties of our common kindred, to disavow these 
 usurpations, which would inevitably interrupt our connections and 
 correspondence. They, too, have been deaf to the voice of justice and 
 consanguinity. We must, therefore, acquiesce in the necessity which 
 denounces our separation, and hold 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 the 
 authority of the good people of these colonies, solemnly publish and 
 declare. That these United Colonies are, and of right ought to be, free 
 and independent States ; that they are absolved from all allegiance to 
 the British crown, and that all political connection between them and 
 the State of Great Britain is, and ought to be, totally dissolved ; and 
 that, as free and independent States, they have full power to levy war, 
 conclude peace, contract alliances, establish commerce, and to do all 
 other acts and things which independent States may of right do. And, 
 for the support of this declaration, with a firm reliance on the pro- 
 tection of Divine Providence, we mutually pledge to each other our 
 lives, our fortunes, and our sacred honor. 
 
 John Hancock. 
 
 New Hampshire. — Josiah Bartlett, William Whipple, Matthew 
 Thornton. 
 
 Massaciiusetts Bay. — Samuel Adams, John Adams, Rorert Treat 
 Paine, Elbridge Gerry. 
 
 Rhode Island. — Stephen Hopkins, William Ellery. 
 
 Connecticut. — Roger Sherman, Samuel Huntington, William Wil- 
 liams, Oliver Wolcott. 
 
 New York. — ^William Floyd, Philip Livingston, Francis Lewis, 
 Lewis Morris. 
 
 "Nevr Jersey. — Richard Stockton, John Witherspoon, Francis Hop- 
 kinson, John Hart, Abraham Clark. 
 
 Pennsylvania. — Robert Morris, Benjamin Rush, Benjamin Frank- 
 lin, John Morton, George Clymer, James Smith, George Taylor, James 
 Wilson, George Ross. 
 
 Delaware. — Caesar Rodney, George Read, Thomas McKean. 
 
 Maryland. — Samuel Chase, William Paca, Thomas Stone, Charles 
 Carroll of Carrollton. 
 
326 APPENDIX. 
 
 Virginia. — George Wythe, Richard Henry Lee, Thomas JeffersoN; 
 Benjamin Harrison, Thomas Nelson, Francis Lightfoot Lee, Carter 
 Braxton. 
 
 North Carolina. — William Hooper, Joseph Hewes, John Penn. 
 
 South Carolina. — Edward Rutledge, Thomas Heyward, Thomas 
 Lynch, Arthur Middleton. 
 
 Georgia. — Button Gwinnett, Lyman Hall, George Walton. 
 
THE ARTICLES OF CONFEDERATION. 327 
 
 THE ARTICLES OF CONFEDERATION. 
 
 Articles of Confederation and Perpetual Union between the States 
 OF New Hampshire, Massachusetts Bay, Rhode Island and Provi- 
 dence Plantations, Connecticut, New York, New Jersey, Pennsyl- 
 vania, Delaware, Maryland, Virginia, North Carolina, South 
 Carolina, and Georgia.. 
 
 ARTICLE I. 
 
 The style of this Confederacy shall be, **The United States of 
 America. ' ' 
 
 ARTICLE II. 
 
 Each State retains its sovereignty, freedom, and independence, and 
 every power, jurisdiction, and right, which is not by this Confederation 
 expressly delegated to the United States in Congress assembled. 
 
 ARTICLE III. 
 
 The said States hereby severally enter into a firm league of friend- 
 ship with each other, for their common defence, the security of their 
 liberties, and their mutual and general welfare, binding themselves 
 to assist each other against all force offered to, or attacks made upon 
 them, or any of them, on account of religion, sovereignty, trade, or 
 any other pretence whatever. 
 
 ARTICLE IV. 
 
 The better to secure and perpetuate mutual friendship and inter- 
 course among the people of the different States in this Union, the free 
 inhabitants of each of these States, paupers, vagabonds, and fugitives 
 from justice excepted, shall be entitled to all privileges and immunities 
 of free citizens in the several States ; and the people of each State 
 shall have free ingress and egress to and from any other State, and 
 shall enjoy therein all the privileges of trade and commerce subject 
 to the same duties, impositions, and restrictions as the inhabitants 
 thereof respectively ; provided that such restrictions shall not extend 
 so far as to prevent the removal of property imported into any State 
 
328 APPENDIX. 
 
 to any other State of which the owner is an inhabitant; provided also, 
 that no imposition, duties, or restriction shall be laid by any State on the 
 property of the United States or either of them. If any person guilty 
 of, or charged with, treason, felony, or other high misdemeanor in 
 any State shall flee from justice and be found in any of the United 
 States, he shall, upon demand of the governor or executive power of 
 the State from which he fled, be delivered up and removed to the 
 State having jurisdiction of his offence. Full faith and credit shal) 
 be given in each of these States to the records, acts, and judicial pro- 
 ceedings of the courts and magistrates of every other State. 
 
 ARTICLE V. 
 
 For the more convenient management of the general interests of 
 the United States, delegates shall be annually appointed in such 
 manner as the Legislature of each State shall direct, to meet in Con- 
 gress on the first Monday in November, in every year, with a power 
 reserved to each State to recall its delegates, or any of them, at any 
 time within the year, and to send others in their stead for the 
 remainder of the year. No State shall be represented in Congress by 
 less than two, nor by more than seven members ; and no person shall 
 be capable of being a delegate for more than three years in any term 
 of six years ; nor shall any person, being a delegate, be capable of 
 holding any office under the United States for which he, or another 
 for his benefit, receives any salary, fees, or emolument of any kind. 
 Each State shall maintain its own delegates in any meeting of the 
 States and while they act as members of the Committee of the States. 
 In determining questions in the United States in Congress assembled, 
 each State shall have one vote. Freedom of speech and debate in 
 Congress shall not be impeached or questioned in any court or place 
 out of Congress ; and the members of Congress shall be protected in 
 their persons from arrests and imprisonments during the time of their 
 going to and from, and attendance on, Congress, except for treason, 
 felony, or breach of the peace. 
 
 ARTICLE VI. 
 
 No State, without the consent of the United States in Congress 
 assembled, shall send any embassy to, or receive any embassy from, 
 
THE ARTICLES OF CONFEDERATION. 329 
 
 or enter into any conference, agreement, alliance, or treaty with any 
 king, prince, or state ; nor shall any person holding any office of 
 profit or trust under the United States, or any of them, accept of any 
 present, emolument, office, or title of any kind whatever from any 
 king, prince, or foreign state ; nor shall the United States in Con- 
 gress assembled, or any of them, grant any title of nobility. 
 
 No two or more States shall enter into any treaty, confederation, 
 or alliance whatever between them, without the consent of the United 
 States in Congress assembled, specifying accurately the purposes for 
 which the same is to be entered into, and how long it shall continue. 
 
 No State shall lay any imposts or duties which may interfere with 
 any stipulations in treaties entered into by the United States in Con- 
 gress assembled with any king, prince, or state, in pursuance of any 
 treaties already proposed by Congress to the courts of France and 
 Spain. 
 
 No vessel of war shall be kept up in time of peace by any State, 
 except such number only as shall be deemed necessary by the United 
 States in Congress assembled for the defence of such State or its 
 trade, nor shall any body of forces be kept up by any State in time 
 of peace, except such number only as, in the judgment of the United 
 States in Congress assembled shall be deemed requisite to garrison 
 the forts necessary for the defence of such State ; but every State 
 shall always keep up a well-regulated and disciplined militia, suf- 
 ficiently armed and accoutred, and shall provide and constantly have 
 ready for use in public stores a due number of field-pieces and tents, 
 and a proper quantity of arms, ammunition, and camp equipage. 
 
 No State shall engage in any war without the consent of the United 
 States in Congress assembled, unless such State be actually invaded 
 by enemies, or shall have received certain advice of a resolution being 
 formed by some nation of Indians to invade such State, and the 
 danger is so imminent as not to admit of a delay till the United 
 States in Congress assembled can be consulted ; nor shall any State 
 grant commissions to any ships or vessels of war, nor letters of marque 
 or reprisal, except it be after a declaration of war by the United 
 States in Congress assembled, and then only against the kingdom or 
 state, and the subjects thereof, against which war has been so declared, 
 and under such regulations as shall be established by the United 
 States in Congress assembled, unless such State be infested by pirates, 
 
330 APPENDIX. 
 
 in which case vessels of war may be fitted out for that occasion, and 
 kept so long as the danger shall continue, or until the United States 
 in Congress assembled shall determine otherwise. 
 
 ARTICLE VII. 
 
 When land forces are raised by any State for the common defence, 
 all officers of or under the rank of Colonel shall be appointed by the 
 Legislature of each State respectively by whom such forces shall be 
 raised, or in such manner as such State shall direct, and all vacancies 
 shall be filled up by the State which first made the appointment. 
 
 ARTICLE VIII. 
 
 All charges of war, and all other expenses that shall be incurred 
 for the common defence, or general welfare, and allowed by the 
 United States in Congress assembled, shall be defrayed out of a 
 common treasury, which shall be supplied by the several States in 
 proportion to the value of all land within each State, granted to, or 
 surveyed for, any person, as such land and the buildings and im- 
 provements thereon shall be estimated, according to such mode as 
 the United States in Congress assembled shall, from time to time, 
 direct and appoint. The taxes for paying that proportion shall be 
 laid and levied by the authority and direction of the Legislatures of 
 the several States, within the time agreed upon by the United States 
 in Congress assembled. 
 
 ARTICLE IX. 
 
 The United States in Congress assembled shall have the sole and 
 exclusive right and power of determining on peace and war, except 
 in the cases mentioned in the sixth Article ; of sending and receiving 
 ambassadors ; entering into treaties and alliances, provided that no 
 treaty of commerce shall be made, whereby the legislative power of 
 the respective States shall be restrained from imposing such imposts 
 and duties on foreigners as their own people are subjected to, or from 
 prohibiting the exportation or importation of any species of goods or 
 commodities whatever; of establishing rules for deciding, in all cases, 
 what captures on land or water shall be legal, and in what manner 
 prizes taken by land or naval forces in the service of the United 
 States shall be divided or appropriated ; of granting letters of margue 
 
THE ARTICLES OF CONFEDERATION. 331 
 
 and reprisal in times of peace; appointing courts for the trial of 
 piracies and felonies committed on the high seas ; and establishing 
 courts for receiving and determining finally appeals in all cases of 
 captures ; provided that no member of Congress shall be appointed 
 a judge of any of the said courts. 
 
 The United States in Congress assembled shall also be the last 
 resort on appeal in all disputes and differences now subsisting, or 
 that hereafter may arise between two or more States concerning 
 boundary, jurisdiction, or any other cause whatever ; which authority 
 shall always be exercised in the manner following : Whenever the 
 legislative or executive authority, or lawful agent of any State in con- 
 troversy with another, shall present a petition to Congress, stating 
 the matter in question, and praying for a hearing, notice thereof 
 shall be given by order of Congress to the legislative or executive 
 authority of the other State in controversy, and a day assigned for the 
 appearance of the parties by their lawful agents, who shall then be 
 directed to appoint, by joint consent, commissioners or judges to 
 constitute a court for hearing and determining the matter in question ; 
 but if they cannot agree, Congress shall name three persons out of 
 each of the United States, and from the list of such persons each 
 party shall alternately strike out one, the petitioners beginning, until 
 the number shall be reduced to thirteen ; and from that number not 
 less than seven nor more than nine names, as Congress shall direct, 
 shall, in the presence of Congress, be drawn out by lot ; and the per- 
 sons whose names shall be so drawn, or any five of them, shall be com- 
 missioners or judges, to hear and finally determine the controversy, 
 so always as a major part of the judges who shall hear the cause shall 
 agree in the determination ; and if either party shall neglect to attend 
 at the day appointed, without showing reasons which Congress shall 
 judge sufficient, or being present, shall refuse to strike, the Congress 
 shall proceed to nominate three persons out of each State, and the 
 secretary of Congress shall strike in behalf of such party absent or 
 refusing ; and the judgment and sentence of the court, to be appointed 
 in the manner before prescribed, shall be final and conclusive ; and 
 if any of the parties shall refuse to submit to the authority of such 
 court, or to appear or defend their claim or cause, the court shall 
 nevertheless proceed to pronounce sentence or judgment, which shall 
 in like manner be final and decisive ; the judgment or sentence and 
 
332 APPENDIX. 
 
 other proceedings being in either case transmitted to Congress, and 
 lodged among the acts of Congress for the security of the parties 
 concerned ; provided, that every commissioner, before he sits in 
 judgment, shall take an oath, to be administered by one of the judges 
 of the supreme or superior court of the State where the cause shall be 
 tried, "well and truly to hear and determine the matter in question, 
 according to the best of his judgment, without favor, affection, or 
 hope of reward." Provided, also, that no State shall be deprived of 
 territory for the benefit of the United States. 
 
 All controversies concerning the private right of soil claimed under 
 different grants of two or more States, whose jurisdictions, as they 
 may respect such lands, and the States which passed such grants are 
 adjusted, the said grants or either of them being at the same time 
 claimed to have originated antecedent to such settlement of juris- 
 diction, shall, on the petition of either party to the Congress of the 
 United States, be finally determined, as near as may be, in the same 
 manner as is before prescribed for deciding disputes respecting terri- 
 torial jurisdiction between different States. 
 
 The United States in Congress assembled shall also have the sole 
 and exclusive right and power of regulating the alloy and value of 
 coin struck by their own authority, or by that of the respective States ; 
 fixing the standard of weights and measures throughout the United 
 States ; regulating the trade and managing all affairs with the Indians, 
 not members of any of the States ; provided that the legislative right 
 of any State, within its own limits, be not infringed or violated ; 
 establishing and regulating post-offices from one State to another, 
 throughout all the United States, and exacting such postage on the 
 papers passing through the same as may be requisite to defray the 
 expenses of the said office ; appointing all officers of the land forces 
 in the service of the United States, excepting regimental officers ; 
 appointing all the officers of the naval forces, and commissioning all 
 officers whatever in the service of the United States ; making rules 
 for the government and regulation of the said land and naval forces, 
 and directing their operations. 
 
 The United States in Congress assembled shall have authority to 
 appoint a committee, to sit in the recess of Congress, to be de- 
 nominated *'a Committee of the States," and to consist of one 
 delegate from each State, and to appoint such other committees and 
 
THE ARTICLES OF CONFEDERATION. 333 
 
 civil officers as may be necessary for managing the general affairs of 
 the United States under their direction ; to appoint one of their 
 number to preside ; provided that no person be allowed to serve in 
 the office of president more than one year in any term of three years ; 
 to ascertain the necessary sums of money to be raised for the service 
 of the United States, and to appropriate and apply the same for de- 
 fraying the public expenses ; to borrow money or emit bills on the 
 credit of the United States, transmitting every half year to the re- 
 spective States an account of the sums of money so borrowed or 
 emitted ; to build and equip a navy ; to agree upon the number of 
 land forces, and to make requisitions from each State for its quota, in 
 proportion to the number of white inhabitants in each State, which 
 requisition shall be binding ; and thereupon the Legislature of each 
 State shall appoint the regimental officers, raise the men, and clothe, 
 arm, and equip them in a soldier-like manner, at the expense of the 
 United States ; and the officers and men so clothed, armed, and 
 equipped shall march to the place appointed, and within the time 
 agreed on by the United States in Congress assembled ; but if the 
 United States in Congress assembled shall, on consideration of 
 circumstances, judge proper that any State should not raise men, or 
 should raise a smaller number than its quota, and that any other 
 State should raise a greater number of men than the quota thereof, 
 such extra number shall be raised, officered, clothed, armed, and 
 equipped in the same manner as the quota of such State, unless the 
 Legislature of such State shall judge that such extra number can- 
 not be safely spared out of the same, in which case they shall raise, 
 officer, clothe, arm, and equip as many of such extra number as 
 they judge can be safely spared, and the officers and men so clothed, 
 armed, and equipped shall march to the place appointed, and within 
 the time agreed on by the United States in Congress assembled. 
 
 The United States in Congress assembled shall never engage in a 
 war, nor grant letters of marque and reprisal in time of peace, nor 
 enter into any treaties or alliances, nor coin money, nor regulate the 
 value thereof, nor ascertain the sums and expenses necessary for the 
 defence and welfare of the United States, or any of them, nor emit 
 bills, nor borrow money on the credit of the United States, nor 
 appropriate money, nor agree upon the number of vessels of war 
 to be built or purchased, or the number of land or sea forces to be 
 
334 APPENDIX. 
 
 raised, nor appoint a commander-in-chief of the army or navy, unless 
 nine States assent to the same, nor shall a question on any other 
 point, except for adjourning from day to day, be determined, unless 
 by the votes of a majority of the United States in Congress assembled. 
 The Congress of the United States shall have power to adjourn to 
 any time within the year, and to any place within the United States, 
 so that no period of adjournment be for a longer duration than the 
 space of six months, and shall publish the journal of their proceed- 
 ings monthly, except such parts thereof relating to treaties, alliances, 
 or military operations as in their judgment require secrecy ; and the 
 yeas and nays of the delegates of each State, on any question, shall 
 be entered on the journal when it is desired by any delegate ; and 
 the delegates of a State, or any of them, at his or their request, shall 
 be furnished with a transcript of the said journal except such parts _ 
 as are above excepted, to lay before the Legislatures of the several M 
 States. 
 
 ARTICLE X. 
 
 The Committee of the States, or any nine of them, shall be 
 authorized to execute, in the recess of Congress, such of the powers 
 of Congress as the United States in Congress assembled, by the con- 
 sent of nine States, shall, from time to time, think expedient to vest 
 them with ; provided that no power be delegated to the said Committee, 
 for the exercise of which, by the Articles of Confederation, the voice 
 of nine States in the Congress of the United States assembled is 
 requisite. 
 
 ARTICLE XI. 
 
 Canada, acceding to this Confederation, and joining in the measures 
 of the United States, shall be admitted into, and entitled to all the 
 advantages of this Union ; but no other colony shall be admitted into 
 the same, unless such admission be agreed to by nine States. 
 
 ARTICLE XII. 
 
 All bills of credit emitted, moneys borrowed, and debts contracted 
 by or under the authority of Congress, before the assembling of the 
 United States, in pursuance of the present Confederation, shall be 
 deemed and considered as a charge against the United States, for 
 
THE ARTICLES OF CONFEDERATION. 335 
 
 payment and satisfaction whereof the said United States and the 
 public faith are hereby solemnly pledged. 
 
 ARTICLE XIII. 
 
 Every State shall abide by the determinations of the United States 
 in Congress assembled on all questions which by this Confederation 
 are submitted to them. And the Articles of this Confederation shall 
 be inviolably observed by every State, and the Union shall be per- 
 petual ; nor shall any alteration at any time hereafter be made in any 
 of them, unless such alteration be agreed to m a Congress of the 
 United States, and be afterwards confirmed by the Legislatures of 
 every State. 
 
 And whereas it hath pleased the Great Governor of the world to incline 
 the hearts of the Legislatures we respectively represent in Congress 
 to approve of, and to authorize us to ratify, the said Articles of Con- 
 federation and perpetual Union, know ye, that we, the undersigned 
 delegates, by virtue of the power and authority to us given for that 
 purpose, do, by these presents, in the name and in behalf of our 
 respective constituents, fully and entirely ratify and confirm each and 
 every of the said Articles of Confederation and perpetual Union, and 
 all and singular the matters and things therein contained. And we 
 do further solemnly plight and engage the faith of our respective con- 
 stituents, that they shall abide by the determinations of the United 
 States in Congress assembled on all questions which by the said 
 Confederation are submitted to them ; and that the Articles thereof 
 shall be inviolably observed by the States we respectively represent, 
 and that the Union shall be perpetual. 
 
 In witness whereof we have hereunto set our hands in Congress. 
 Done at Philadelphia in the State of Pennsylvania the ninth 
 day of July in the year of our Lord one thousand seven 
 hundred and seventy-eight, and in the third year of the in- 
 dependence of America. 
 
 On the part <Sc behalf of the State of New Hampshire. 
 
 JosiAH Bartlett, John Wentworth, Junr. 
 
 August 8, 1778. 
 
336 APPENDIX. 
 
 On the part and behalf of the State of Massachusetts Bay. 
 
 John Hancock, Francis Dana, 
 
 Samuel Adams, James Lovell, 
 
 Elbridge Gerry, Samuel Holten. 
 
 On the part and behalf of the State of Bhode Island and Providence 
 Plantations. 
 
 William Ellery, John Collins. 
 
 Henry Marchant, 
 
 On the part and behalf of the State of Connecticut. 
 
 Roger Sherman, Titus Hosmer, 
 
 Samuel Huntington, Andrew Adams. 
 
 Oliver Wolcott, 
 
 On the part and behalf of the State of New York. 
 
 Jas. Duane, Wm. Duer, 
 
 Fra. Lewis, Gouv. Morris. 
 
 On the part and in behalf of the State of New Jersey, Novr. 26y 1778. 
 Jno. Witherspoon, Nathl. Scudder. 
 
 On the part and behalf of the State of Pennsylvania. 
 
 RoBT. Morris, William Clingan, 
 
 Daniel Roberdeau, Joseph Reed, 22d July, 1778. 
 
 JoNA. Bayard Smith, 
 
 On the part & behalf of the State of Delaware. 
 
 Tho. M'Kean, Feby. 12, 1779, Nicholas Van Dyke. 
 
 John Dickinson, May 6th, 1779, 
 
 On the part and behalf of the State of Maryland. 
 
 John Hanson, Daniel Carroll, 
 
 March 1, 1781. Mar. 1, 1781. 
 
THE ARTICLES OF CONFEDERATION. 337 
 
 On the part and behalf of the State of \Hrginia. 
 
 Richard Henry Lee, Jno. Harvie, 
 
 John Ranister, Francis Lightfoot Lee. 
 
 Thomas Adams, 
 
 On the part and behalf of the State of No. Carolina, 
 
 John Penn, July 21st, 1778, Jno. Williams. 
 
 Corns. Harnett, 
 
 On the part & behalf of the State of South Carolina. 
 
 Henry Laurens, Richd. Hutson, 
 
 William Henry Drayton, Thos. Hayward, Junr. 
 
 Jno. Mathews, 
 
 On the part & behalf of the State of Georgia. 
 
 Jno. Walton, 24th July, 1778, Edwd. Langwortht. 
 
 Edwd. Telfair, 
 
338 APPENDIX. 
 
 THE CONSTITUTION OF THE UNITED STATES. 
 
 We, the people of the United States, in order to form a more perfect 
 Union, establish justice, insure domestic tranquillity, provide for the 
 common defence, promote the general welfare, and secure the blessings 
 of liberty to ourselves and our posterity, do ordain and establish this 
 Constitution for the United States of America. 
 
 ARTICLE I. 
 
 Section I. All legislative powers herein granted shall be vested in 
 a Congress of the United States, which shall consist of a Senate and 
 House of Representatives. 
 
 Section II. 1. The House of Representatives shall be composed of 
 members choaen every second year by the people of the several States, 
 and the electors in each State shall have the qualifications requisite 
 for electors of the most numerous branch of the State Legislature. 
 
 2. No person shall be a Representative who shall not have attained 
 to the age of twenty-five years, and been seven years a citizen of the 
 United States, and who shall not, when elected, be an inhabitant of 
 that State in which he shall be chosen. 
 
 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 within 
 every subsequent term of ten years, in such a 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 Repre- 
 sentative ; and until such enumeration shall be made, the State of New 
 Hampshire shall be entitled to choose 3 ; Massachusetts, 8 ; Rhode 
 Island and Providence Plantations, 1 ; Connecticut, 6 ; New York, 6 ; 
 New Jersey, 4 ; Pennsylvania, 8 ; Delaware, 1 ; Maryland, 6 ; Virginia, 
 10 ; North Carolina, 5 ; South Carolina, 6, and Georgia, 3.^ 
 
 1 See Article XIV., Amendments. 
 
THE CONSTITUTION OF THE UNITED STATES. 339 
 
 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 III. 1. The Senate of the United States shall be composed 
 of two Senators from each State, chosen by the Legislature thereof, for 
 six years ; and each Senator shall have one vote. 
 
 2. Immediately after they shall be assembled in consequence of the 
 first election, they shall be divided as equally as may be into three 
 classes. The seats of the Senators of the first class shall be vacated at 
 the expiration of the second year, of the second class at the expiration 
 of the fourth year, and of the third class at the expiration of the sixth 
 year, so that one-third may be chosen every second year ; and if vacan- 
 cies happen by resignation or otherwise, during the recess of the 
 Legislature of any State, the Executive thereof may make temporary 
 appointments until the next meeting of the Legislature, which shall 
 then fill such vacancies. 
 
 3. No person shall be a Senator who shall not have attained to the 
 age of thirty years, and been nine years a citizen of the United States, 
 and who shall not, when elected, be an inhabitant of that State for 
 which he shall be chosen. 
 
 4. The Vice-President of the United States shall be President of the 
 Senate, but shall have no vote, unless they be equally divided. 
 
 6. 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. 
 When the President of the United States is tried the Chief Justice shall 
 preside ; and no person shall be convicted without the concurrence of 
 two-thirds of the members present. 
 
 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 IV. 1. 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 
 
340 APPENDIX. 
 
 or alter such regulations, except as to the places of choosing Sen- 
 ators. 
 
 2. The Congress shall assemble at least once in every year, and such 
 meeting shall be on the first Monday of December, unless they shall by 
 law appoint a different day. 
 
 Section V. 1. Each House shall be the judge of the elections, re- 
 turns, and qualifications of its own members, and a majority of each 
 shall constitute a quorum to do business ; but a smaller number may 
 adjourn from day to day, and may be authorized to compel the attend- 
 ance 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 judg- 
 ment 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 VI. 1. The Senators and Representatives shall receive a 
 compensation for their services, to be ascertained by law, and paid out 
 of the Treasury of the United States. They shall in all cases, except 
 treason, felony, and breach of the peace, be privileged from arrest dur- 
 ing their attendance at the session of their respective Houses, and in 
 going to and returning from the same ; and for any speech or debate in 
 either House they shall not be questioned in any other place. 
 
 2. No Senator or Representative shall, during the time for which he 
 was elected, be appointed to any civil office under the authority of the 
 United States, which shall have been created, or the emoluments 
 whereof shall have been increased, during such time ; and no person 
 holding any office under the United States shall be a member of either 
 House during his continuance in office. 
 
 Section VII. 1. All bills for raising revenue shall originate in the 
 House of Representatives ; 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 Pres- 
 
THE CONSTITUTION OF THE UNITED STATES. 341 
 
 ident 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 determined by yeas and nays, and the names of the persons voting 
 for and against the bill shall be entered on the journal of each House 
 respectively. If any bill shall not be returned by the President within 
 ten days (Sundays excepted) after it shall have been presented to him, 
 the same shall be a law, in like manner as if he had signed it, unless 
 the Congress by their adjournment prevent its return, in which case it 
 shall not be a law. 
 
 3. Every order, resolution, or vote, to which the concurrence of the 
 Senate and House of Representatives may be necessary (except on a 
 question of adjournment), shall be presented to the President of the 
 United States ; and before the same shall take effect, shall be 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. 
 
 Section VIII. The Congress shall have power : 
 
 1. To lay and collect taxes, duties, imposts, and excises, to pay the 
 debts and provide for the common defence 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 sev- 
 eral States, and with the Indian tribes ; 
 
 4. To establish a uniform rule of naturalization, and uniform laws 
 on the subject of bankruptcies throughout the United States ; 
 
 5. To coin money, regulate the value thereof, and of foreign coin, 
 and fix the standard of weights 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 rights to their 
 respective writings and discoveries j 
 
342 APPENDIX. 
 
 9. To constitute tribunals inferior to the Supreme Court ; 
 
 10. To define and punish piracies and felonies committed on the high 
 seas, and offences against the law of nations ; 
 
 11. To declare war, grant letters of marque and reprisal, and make 
 rules concerning captures on land and water ; 
 
 12. To raise and support armies, but no appropriation of money to 
 that use shall be for a longer term than two years ; 
 
 13. To provide and maintain a navy ; 
 
 14. To make rules for the government and regulation of the land 
 and naval forces ; 
 
 15. To provide for calling forth the militia to execute the laws of the 
 Union, suppress insurrections, and repel invasions ; 
 
 16. To provide for organizing, arming, and disciplining the militia, 
 and for governing such part of them as may be employed in the service 
 of the United States, reserving to the States respectively the appoint- 
 ment of the officers, and the authority of training the militia 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 
 particular States, and the acceptance of Congress, become the seat of 
 the Government of the United States, and to exercise like authority over 
 all places purchased by the consent of the Legislature of the State in 
 which the same shall be, for the erection of forts, magazines, arsenals, 
 dock -yards, and other needful buildings ; 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 IX. 1. The migration or importation of such persons as any 
 of the States now existing shall think proper to admit, shall not be pro- 
 hibited by the Congress prior to the year one thousand eight hundred 
 and eight, but a tax or duty may be imposed on such importation, not 
 exceeding ten dollars for each person. 
 
 2. The privilege of the writ of habeas corpus shall not be suspended, 
 unless when in cases of rebellion or invasion the public safety may 
 require it. 
 
 3. No bill of attainder or ex post facto law shall be passed. 
 
 4. No capitation or other direct tax shall be laid, unless in propor- 
 tion to the census or enumeration hereinbefore directed to be taken. 
 
 5. No tax or duty shall be laid on articles exported from any State. 
 
THE CONSTITUTION OF THE UNITED STATES. 343 
 
 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 ves- 
 sels 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 public money shall be published 
 from time to time. 
 
 8. 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. 
 
 Section X. 1. No State shall enter into any treaty, alliance, or con- 
 federation; 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 bill of attainder, ex post facto law, or law 
 impairing the obligation of contracts, or grant any title of nobility. 
 
 2. No State shall, without the consent of the Congress, lay any im- 
 post 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. 
 
 Section I. 1. The executive power shall be vested in a President of 
 the United States of America. He shall hold his office during the term 
 of four years, and, together with the Vice-President, chosen for the 
 same term, be elected as follows : 
 
 2. Each State shall appoint, in such manner as the Legislature thereof 
 may direct, a number of electors, equal to the whole number of Sena- 
 tors 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. 
 
344 APPENDIX. 
 
 3. [The electors shall meet in their respective States, and vote by 
 ballot for two persons, of whom one at least shall not be an inhabitant 
 of the same State with themselves. And they shall make a list of all 
 the persons voted for, and of the number of votes for each, which list 
 they shall sign and certify, and transmit sealed to the seat of the Gov- 
 ernment of the United States, directed to the President of the Senate. 
 The President of the Senate shall, in the presence of the Senate and 
 House of Representatives, open all the certificates, and the votes shall 
 then be counted. The person having the greatest number of votes 
 shall be the President, if such number be a majority of the whole 
 number of electors appointed; and if there be more than one who 
 have such majority, and have an equal number of votes, then the 
 House of Representatives shall immediately choose by ballot one of 
 them for President ; 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 representation from each State having one vote ; a quorum 
 for this purpose shall consist of a member or members from two-thirds 
 of the States, and a majority of all the States shall be necessary to a 
 choice. In 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.] * 
 
 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 devolve on the Vice-President, and the 
 Congress may by law provide for the case of removal, death, resigna- 
 tion, or inability, both of the President and Vice-President, declaring 
 what officer shall then act as President, and such officer shall act accord- 
 ingly, until the disability be removed, or a President shall be elected. 
 
 I This clause is superseded by Article XII., Amendments. 
 
THE CONSTITUTION OP THE UNITED STATES. 345 
 
 7. The President shall, at stated times, receive for his services a 
 compensation, which shall neither be increased nor diminished during 
 the period for which he shall have been electeS, 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 Con- 
 stitution of the United States." 
 
 Section II. 1. The President shall be Commander-in-Chief of the 
 Army and Navy of the United States, and of the militia of the several 
 States, when called into the actual service of the United States ; he 
 may 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 offences 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 present 
 concur; and he shall nominate, and, by and with the advice and con- 
 sent of the Senate, shall appoint ambassadors, other public ministers 
 and consuls, judges of the Supreme Court, and all other officers of the 
 United States whose appointments are not herein otherwise provided 
 for, and which shall be established by law ; but the Congress may by 
 law vest the appointment of such inferior officers as they think proper 
 in the President alone, in the courts of law, or in the heads of depart- 
 ments. 
 
 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 III. He shall from time to time give to the Congress infor- 
 mation of the state of the Union, and recommend to their consideration 
 such measures as he shall judge necessary and expedient; he may, on 
 extraordinary occasions, convene both Houses, or either of them, and, 
 in case of disagreement between them with respect to the time of ad- 
 journment, he may adjourn them to such time as he shall think proper ; 
 he shall receive ambassadors and other public ministers ; he shall take 
 care that the laws be faithfully executed, and shall commission all the 
 officers of the United States. 
 
346 APPENDIX. 
 
 Section IV. The President, Vice-President, and all civil officers of 
 the United States, stall be removed from office on impeachment for, 
 and conviction of, treason, bribery, or other high crimes and misde- 
 meanors. 
 
 ARTICLE III. 
 
 Section I. The judicial power of the United States shall be vested 
 in one Supreme Court, and in such inferior courts as the Congress 
 may from time to time ordain and establish. The judges, both of 
 the Supreme and inferior courts, shall hold their offices during good 
 behavior, and shall, at stated times, receive for their services a com- 
 pensation, which shall not be diminished during their continuance in 
 office. 
 
 Section II. 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 be- 
 tween 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 be- 
 tween 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 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 said 
 crimes shall have been committed ; but when not committed within 
 any State, the trial shall be at such place or places as the Congress may 
 by law have directed. 
 
 Section III. 1, Treason against the United States shall consist only 
 in levying war against them, or in adhering to their enemies, giving 
 them aid and comfort. No person shall be convicted of treason unless 
 on the testimony of two witnesses to the same overt act, or on confes- 
 sion in open court. 
 
THE CONSTITUTION OF THE UNITED STATES. 347 
 
 2. The Congress shall have power to declare the punishment of trea- 
 son, but no attainder of treason shall work corruption of blood, or for- 
 feiture, except during the life of the person attainted. 
 
 ARTICLE IV. 
 
 Section I. Full faith and credit shall be given in each State to the 
 public acts, records, and judicial proceedings of every other State. 
 And the Congress may by general laws prescribe the manner in which 
 such acts, records, and proceedings shall be proved, and the effect 
 thereof. 
 
 Section II. 1. The citizens of each State shall be entitled to all 
 privileges and immunities of citizens in the several States. 
 
 2. A person charged in any State with treason, felony, or other 
 crime, who shall flee from justice, and be found in another State, 
 shall, on demand of the executive authority of the State from which 
 he fled, be delivered up to be removed to the State having jurisdiction 
 of the crime. 
 
 3. No person held to service or labor in one State, under the laws 
 thereof, escaping into another, shall, in consequence of any law or reg- 
 ulation 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 III. 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 junc- 
 tion of two or more States, or parts of States, without the consent of 
 the Legislatures of the States concerned, as well as of the Con- 
 gress. 
 
 2. The Congress shall have power to dispose of and make all need- 
 ful rules and regulations respecting the territory or other property be- 
 longing 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 IV. The United 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 violence. 
 
348 APPENDIX. 
 
 ARTICLE V. 
 
 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 Con- 
 stitution, when ratified by the Legislatures of three-fourths of the 
 several States, or by conventions in three-fourths thereof, as the one 
 or the other mode of ratification may be proposed by the Congress : 
 Provided, that no amendment which may be made prior to the year 
 one thousand eight hundred and eight shall in any manner affect 
 the first and fourth clauses of the ninth section of the first article ; 
 and that no State, without its consent, shall be deprived of its equal 
 suffrage in the Senate. 
 
 ARTICLE VI. 
 
 1. All debts contracted and engagements entered into before the 
 adoption of this Constitution shall be as valid against the United States 
 under this Constitution as under the Confederation. 
 
 2. This Constitution, and the laws of the United States which shall 
 be made in pursuance thereof, and all treaties made, or which shall be 
 made, under the authority of the United States, shall be the supreme 
 law of the land ; and the judges in every State shall be bound thereby, 
 anything in the Constitution or laws of any State to the contrary not- 
 withstanding. 
 
 3. The Senators and Representatives before mentioned, and the 
 members of the several State Legislatures, and all executive and judi- 
 cial officers, both of the United States and of the several States, shall 
 be bound by oath or affirmation to support this Constitution ; but no 
 religious test shall ever be required as a qualification to any office or 
 public trust under the United States. 
 
 ARTICLE VII. 
 
 The ratification of the Conventions of nine States shall be sufficient 
 for the establishment of this Constitution between the States so ratify- 
 ing the same. 
 
 Done in Convention, by the unanimous consent of the States present, 
 the seventeenth day of September, in the year of our Lord one thou- 
 
THE CONSTITUTION OF THE UNITED STATES. 349 
 
 sand seven hundred and eighty-seven, and of the Independence of the 
 United States of America the twelfth. In witness whereof, we have 
 hereunto subscribed our names. 
 
 George Washington, 
 PresiderUf and Deputy from Virginia. 
 
 NEW HAMPSHIRE. 
 
 John Langdon, 
 Nicholas Gilman. 
 
 MASSACHUSETTS. 
 
 Nathaniel Gorham, 
 Rufus King. 
 
 CONNECTICUT. 
 
 William Samuel Johnson, 
 Roger Sherman. 
 
 NEW YORK. 
 
 Alexander Hamilton. 
 
 NEW JERSEY. 
 
 William Livingston, 
 David Brearley, 
 William Paterson, 
 Jonathan Dayton. 
 
 PENNSYLVANIA. 
 
 Benjamin Franklin, 
 Thomas Mifflin, 
 Robert Morris, 
 George Clymer, 
 Thomas Fitzsimons, 
 Jared IngersoU, 
 James Wilson, 
 Gouverneur Morris. 
 
 DELAWARE. 
 
 George Reed, 
 Gunning Bedford, 
 John Dickinson, 
 Richard Bassett, 
 Jacob Broom. 
 
 MARYLAND. 
 
 James McHenry, 
 
 Daniel of St. Thomas Jenifer, 
 
 Daniel Carroll. 
 
 VIRGINIA. 
 
 John Blair, 
 James Madison. 
 
 NORTH CAROLINA. 
 
 William Blount, 
 Richard Dobbs Spaight, 
 Hugh Williamson. 
 
 SOUTH CAROLINA. 
 
 John Rutledge, 
 Charles C. Pinckney, 
 Charles Pinckney, 
 Pierce Butler. 
 
 GEORGIA. 
 
 William Few, 
 Abraham Baldwin. 
 
 Attest : William Jackson, Secretary, 
 
350 APPENDIX. 
 
 AMENDMENTS TO THE CONSTITUTION. 
 
 ARTICLE I. 
 
 Congress shall make no law respecting an establishment of religion, 
 or prohibiting the free exercise thereof; or abridging the freedom of 
 speech or of the press ; or the right of the people peaceably to assem- 
 ble, and to petition the government for a redress of grievances. 
 
 ARTICLE II. 
 
 A well-regulated militia being necessary to the security of a free 
 State, the right of the people to keep and bear arms shall not be 
 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 persons 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 indictment of a grand jury, except 
 in cases arising in the land or naval forces, or in the militia, when in 
 actual service in time of war or public danger ; nor shall any person 
 be subject for the same offence to be twice put in jeopardy of life or 
 limb ; nor shall be compelled in any criminal case to be a witness 
 against himself, nor be deprived of life, liberty, or property, without 
 due process of law ; nor shall private property be taken for public use 
 without just compensation. 
 
AMENDMENTS TO THE CONSTITUTION. 351 
 
 ARTICLE VI. 
 
 In all criminal prosecutions, the accused shall enjoy the right to a 
 speedy and public trial, by an impartial jury of the State and district 
 wherein the crime shall have been committed, which district shall 
 have been previously ascertained by law, and to be informed of the 
 nature and cause of the accusation ; to be confronted with the witnesses 
 , against him ; to have compulsory process for obtaining witnesses in his 
 favor, and to have the assistance of counsel for his defence. 
 
 ARTICLE VII. 
 
 In suits at common law, where the value in controversy shall exceed 
 twenty dollars, the right of trial by jury shall be preserved, and no fact 
 tried by a jury shall be otherwise re-examined in any court of the 
 United States, than according to the rules of the common law. 
 
 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. 
 
 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 j they shall name in 
 
352 APPENDIX. 
 
 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 list they 
 shall sign and certify, and transmit sealed to the seat of the 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 votes shall then 
 be counted ; the person having the greatest number of votes for Presi- 
 dent 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 Repre- 
 sentatives shall choose immediately, by ballot, 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. And 
 if the House of Representatives shall not choose a President, whenever 
 the right of choice shall devolve upon them, before the fourth day of 
 March next following, then the Vice-President shall act as President, 
 as in the case of the death or other constitutional disability of the 
 President. The person having the greatest number of votes as Vice- 
 President shall be the Vice-President, if such number be a majority of 
 the whole number of electors appointed ; and if no person have a ma- 
 jority, then from the two highest numbers on the list the Senate shall 
 choose the Vice-President ; a quorum for the purpose shall consist of 
 two-thirds of the whole number of Senators, and a majority of the 
 whole number shall be necessary to a choice. But no person consti- 
 tutionally ineligible to the office of President shall be eligible to that 
 of Vice-President of the United States. 
 
 ARTICLE XIII. 
 
 1. Neither slavery nor involuntary servitude, except as a punish- 
 ment for crime, whereof the party shall have been duly convicted, shall 
 exist within the United States, or any place subject to their jurisdic- 
 tion. 
 
 2. Congress shall have power to enforce this article by appropriate 
 legislation. 
 
AMENDMENTS TO THE CONSTITUTION. 353 
 
 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. lio-S^e shall make or enforce any law 
 which shall abridge the privileges or immunities of citizens of the 
 United States ; nor shall any State deprive any person of life, liberty, 
 or property, without due process of law, nor deny to any person within 
 its jurisdiction the equal protection of the laws. 
 
 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 Legis- 
 lature thereof, is denied to any of the male inhabitants of such State, 
 being twenty-one years of age, and citizens of the United States, or 
 in any way abridged, except for participation in rebellion, or other 
 crime, the basis of representation therein shall be reduced in the propor- 
 tion 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 and comfort to the enemies thereof. But Con- 
 gress may, by a vote of two-thirds of each House, remove such disability. 
 
 4. The validity of the public debt of the United States, authorized by 
 law, including debts incurred for payment of pensions and bounties for 
 services in suppressing insurrection or rebellion, shall not be ques» 
 tioned. But neither the United States nor any State shall assume or 
 pay any debt or obligation incurred in aid of insurrection or rebellion 
 against the United States, or any claim for the loss or emancipation of 
 any slave ; but all such debts, obligations, and claims shall be held 
 illegal and void. 
 
 5. The Congress shall have power to enforce, by appropriate legisla- 
 tion, the provisions of this article. 
 
 23 
 
354 APPENDIX. 
 
 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 account of race, 
 color, or previous condition of servitude. 
 
 2. The Congress shall have power to enforce the provisions of this 
 article by appropriate legislation. 
 
 RATIFICATION OF THE CONSTITUTION. 
 
 The Constitution was ratified by the thirteen original States in the 
 following order : 
 
 Delaware, December 7, 1787; Pennsylvania, December 12, 1787; 
 New Jersey, December 18, 1787 ; Georgia, January 2, 1788 ; Connecticut, 
 January 9, 1788 ; Massachusetts, February 6, 1788 ; Maryland, April 28, 
 1788 ; South Carolina, May 23, 1788 ; New Hampshire, June 21, 1788 ; 
 Virginia, June 25, 1788 ; New York, July 26, 1788 ; North Carolina, No- 
 vember 21, 1789 ; Rhode Island, May 29, 1790. 
 
 RATIFICATION OF THE AMENDMENTS. 
 
 I. to X. inclusive were declared in force December 15, 1791 ; XL was 
 declared in force January 8, 1798 ; XII. was declared in force Septem- 
 ber 25, 1804 ; XIII. was proclaimed December 18, 1865 ; XIV. was pro- 
 claimed July 28, 1868 j XV. was proclaimed March 30, 1870. 
 
THE EMANCIPATION PROCLAMATION. 355 
 
 THE EMANCIPATION PROCLAMATION. 
 
 Whereas, On the twenty-second day of September, in the year of 
 our Lord one thousand eight hundred and sixty-two, a proclamation 
 was issued by the President of the United States, containing among 
 other things the following, to wit : 
 
 "That on the first day of January, in the year of our Lord one thousand 
 eight hundred and sixty-three, all persons held as slaves within any 
 State or designated part of a State, the people whereof shall then be 
 in rebellion against the United States, shall be then, thenceforward, 
 and forever free ; and the executive government of the United States, 
 including the military and naval authority thereof, will recognize and 
 maintain the freedom of such persons, and will do no act or acts to 
 repress such persons, or any of them, in any efforts they may make 
 for their actual freedom. 
 
 * ' That the Executive will, on the first day of January aforesaid, by 
 proclamation, designate the States and parts of States, if any, in 
 which the people thereof, respectively, shall then be in rebellion 
 against the United States ; and the fact that any State, or the people 
 thereof, shall on that day be in good faith represented in the Congress 
 of the United States, by members chosen thereto at elections wherein 
 a majority of the qualified voters of such State shall have participated, 
 shall, in the absence of strong countervailing testimony, be deemed 
 conclusive evidence that such State, and the people thereof, are not 
 then in rebellion against the United States." 
 
 Now, therefore, I, Abraham Lincoln, President of the United States, 
 by virtue of the power in me vested as commander-in-chief of the 
 army and navy of the United States, in time of actual armed rebellion 
 against the authority and government of the United States, and as a 
 fit and necessary war measure for suppressing said rebellion, do, on 
 this first day of January, in the year of our Lord one thousand eight 
 hundred and sixty-three, and in accordance with my purpose so to do, 
 publicly proclaimed for the full period of one hundred days from the 
 day first above mentioned, order and designate as the States and parts 
 of States wherein the people thereof, respectively, are this day in 
 rebellion against the United States, the following, to wit : 
 
356 APPENDIX. 
 
 Arkansas, Texas, Louisiana (except the Parishes of St. Bernard, 
 Plaquemines, Jefferson, St. John, St. Charles, St. James, Ascension, 
 Assumption, Terre Bonne, Lafourche, St. Mary's, St. Martin, and 
 Orleans, including the city of New Orleans), Mississippi, Alabama, 
 Florida, Georgia, South Carolina, North Carolina, and Virginia (ex- 
 cept the forty-eight counties designated as West Virginia, and also the 
 counties of Berkeley, Accomac, Northampton, Elizabeth City, York, 
 Princess Anne, and Norfolk, including the cities of Norfolk and Ports- 
 mouth) ; and which excepted parts are, for the present, left precisely 
 as if this proclamation were not issued. 
 
 And by virtue of the power, and for the purpose aforesaid, I do 
 order and declare that all persons held as slaves within said designated 
 States, and parts of States, are and henceforward shall be free, and the 
 executive government of the United States, including the military 
 and naval authorities thereof, will recognize and maintain the freedom 
 of said persons. 
 
 And I hereby enjoin upon the people so declared to be free to 
 abstain from all violence, unless in necessary self-defence ; and I 
 recommend to them that in all cases when allowed, they labor faith- 
 fully for reasonable wages. 
 
 And I further declare and make known, that such persons, of suit- 
 able condition, will be received into the armed service of the United 
 States to garrison forts, positions, stations, and other places, and to 
 man vessels of all sorts in said service. 
 
 And upon this act, sincerely believed to be an act of justice, 
 warranted by the Constitution upon military necessity, I invoke 
 the considerate judgment of mankind and the gracious favor of 
 Almighty God. 
 
 In witness whereof I have hereunto set my hand and caused 
 the seal of the United States to be affixed. Done at the 
 city of Washington, this first day of January, in the year 
 of our Lord one thousand eight hundred and sixty-three, 
 and of the Independence of the United States of America 
 the eighty-seventh. 
 
 ABRAHAM LINCOLN. 
 By the President : 
 
 William H. Seward, 
 
 Secretary of State, 
 
GLOSSARY OF TERMS. 357 
 
 GLOSSARY OF TERMS. 
 
 A. 
 
 Absolute. Kelating to a monarchy. An absolute monarchy is one 
 in which the ruler has absolute control of the government. 
 
 Act. A law of the United States or of a State. 
 
 Adjournment. A recess or vacation. 
 
 Administration. The term of office which a President serves. The 
 name given to a President and the Executive Department, as the admin- 
 istration of President McKinley. 
 
 Admiralty. The court which has jurisdiction of maritime questions 
 and offences. That which pertains to seamen or to naval affairs. 
 
 Affirmation. A declaration for the proper performance of a public 
 duty. 
 
 Alien. A person residing in a country, but not a native of it ; a 
 foreigner. 
 
 "All other persons." A phrase used in the Constitution instead 
 of the word ' ' slaves. ' ' 
 
 Alliance. A union between States or countries for some general 
 purpose, usually commerce. In an alliance the union is not strong, and 
 may be dissolved at any time. 
 
 Ambassador. A representative of the highest class from one coun- 
 try to another. He looks after the interests of the country which he 
 represents, and resides at the capital of the country to which he is sent. 
 
 Amendment. Something added to the Constitution, changing some 
 part of it. 
 
 Appellate. Pertaining to appeals. The jurisdiction of the Supreme 
 Court. When a case is heard in a lower court and is then taken to a higher 
 court, the decision of the latter is given from appellate jurisdiction. 
 
 Apportion. To divide or to share anything. To apportion Kepre- 
 sentativesis to divide them among the States in the proper proportion. 
 
 Appropriation. A sum of money which is authorized by law to be 
 taken out of the Treasury. 
 
 Aristocracy. A form of government in which the authority is given 
 to a small body of men, who have much power. It is similar to an abso- 
 lute monarchy, in that the people have little power. 
 
358 APPENDIX. 
 
 Arsenal. A government building where arms and amm_unition are 
 manufactured and kept. 
 
 Articles of Confederation. A body of laws passed by the Second 
 Continental Congress in 1777 and ratified by the States in 1781. They 
 governed the country from 1781 to 1789. 
 
 Attainder. Relating to bill of attainder. A bill passed by some 
 law-making body to take the life of some person without giving him a 
 trial. Attainder of treason means the conviction of treason. 
 
 Bail. A security ; a fixed sum of money, or its value in real estate, 
 which is required for the release of a person charged with some oflTence. 
 When the case is settled the bail is discharged. 
 
 Ballot. A slip of paper used in voting, on which the voter designates 
 his choice of candidates, or his choice on any matter before a body. 
 
 Bankrupt. A person who owes more than he can pay. 
 
 Bill. A proposed law. A law in its first stage. A future law which 
 has not gone through the process prescribed by the Constitution. 
 
 Bill of Rights. The first ten amendments to the Constitution, 
 adopted in 1791. All of these give rights to the people which were not 
 mentioned in the Constitution when it was made. 
 
 Bills of Credit. The paper money of a country. 
 
 Bounty. A sum of money paid by the government to a person for 
 any special work. 
 
 Bribery. Something of value given to a person to influence him to 
 do wrong. 
 
 O. 
 
 Cabinet. The advisers of the President. The Executive Department. 
 The men who aid the President in the execution of the laws. 
 
 Capital. Relating to the head. The capital of the country is the 
 head or chief city. A capital offence is one that was formerly punished 
 by cutting oif the head, but at the present time is punished by death. 
 
 Capitation Tax. So much a head, or a certain sum of money for 
 each person. A poll-tax is a capitation tax. 
 
 Census. The counting of the people. Its uses in our country are : 
 
 1. To apportion Representatives. 
 
 2. To lay direct taxes. 
 
 3. As a matter of history. 
 
 Charter. Relating to a colonial form of government. In this form 
 the people had the most rights. These rights were mentioned in a written 
 document called a charter. 
 
GLOSSARY OF TERMS. 359 
 
 Chief Justice. The head of the Supreme Court. The judge who 
 directs its deliberations. 
 
 Circuit. A certain district for judicial purposes. Courts established 
 by Congress. There are nine Circuit Courts in the United States, cor- 
 responding to the number of judges in the Supreme Court. Each judge 
 of the Supreme Court is a member of some Circuit Court. Each Circuit 
 Court has two judges, — viz., a Supreme Court judge and a Circuit Court 
 judge. When the former cannot attend his Circuit Court the other judge 
 acts alone. This prevents any delay in business. Circuit Courts decide 
 civil cases and deal with United States matters. 
 
 Citizen. An inhabitant who has special rights. Citizens may be 
 natural born or naturalized. Men, women, and children are citizens. 
 
 Civil. Not military ; not criminal. A civil officer is one who aids in 
 conducting the business of the government, in this respect being the 
 opposite of a military officer. A civil case is one in which no crime has 
 been committed, but simply a disagreement exists between the parties. 
 
 Coin. The money of a country which is made from metal, such as 
 gold, silver, and copper. 
 
 Colony. A small body of people occupying a tract of land belonging 
 to a nation, but situated some distance from it, yet still being under its 
 control. 
 
 Commerce. Trade ; intercourse. The interchange of commodi- 
 ties. 
 
 Commission. A written statement signed by the proper officers and 
 given to a person occupying a public position. It shows that such person 
 has the right to perform the duties of the office. A body of men selected 
 to perform a specified work, such as the Electoral Commission, the Spanish- 
 American War Peace Commission, etc. 
 
 Common Ija"W. Unwritten law. A law which was never made by 
 a Legislature. A law derived from usage or custom. That a President 
 shall have but two terms is a common law. 
 
 Compensation. A sum of money ; pay ; salary. A sum of money 
 paid to a government officer for the work which he performs. 
 
 Compromise. An agreement reached by the parties to a dispute in 
 which each gives up a portion of its claims. 
 
 Compulsory. That which must be done. The taking of the census 
 is compulsory on Congress, 
 
 Concurrence. Consent ; agreement. When a bill passes one house 
 it must have the concurrence of the other before it can become a law. 
 
 Confederation. A strong union between States or countries to pro- 
 mote a common interest, especially against an enemy in war. 
 
360 APPENDIX. 
 
 Congress. The two houses, — viz., Senate and House of Kepresenta- 
 tives. The name given to the Legislative Department of the United 
 States. 
 
 Constitution. The main or fundamental laws of the country. They 
 specify how the government is to be carried on. The laws upon which 
 all future laws are based. 
 
 Constitutional. Agreeing with the Constitution. A law is said to 
 be constitutional when it accords with the fundamental law. 
 
 Constitutionally. Agreeably to, or in accordance with, the United 
 States Constitution. 
 
 Construe. Explain ; interpret ; taken to mean. 
 
 Consul. A person who represents his country at an important foreign 
 commercial town. His business is to protect travellers and seamen who 
 come from his own country and to watch for opportunities for the exten- 
 sion of commerce. 
 
 Contract. A written and signed agreement between parties to do 
 or not to do some specified work. The signing of the contract binds the 
 parties thereto to faithfully perform its provisions. 
 
 Controversies. Disputes ; disagreements. Various cases which 
 come before the courts. 
 
 Convene. To assemble ; to bring together. 
 
 Convention. A meeting of delegates chosen by the people to frame 
 a constitution, to nominate candidates, or to adopt a set of political 
 principles. 
 
 Copyright. A government protection to authors. 
 
 Counterfeiting. The unlawful coinage or making of the money or 
 securities of the United States or of any foreign country. 
 
 Court. The place where the laws are explained, where disputes are 
 settled, and where violators of the laws are punished. 
 
 Crime. An action of one or more persons which injures the character 
 or body of another. 
 
 D. 
 
 Democratic. A form of government in which the people decide all 
 questions for themselves. 
 
 Department. One of the many branches into which the work of 
 the government has been divided. 
 
 Direct Taxes. Taxes laid directly upon the people. Tax on real 
 estate and personal property. 
 
 Disability. Disqualification to hold office. Ineligible. 
 
 Disqualification. That which renders one ineligible to office. 
 
GLOSSARY OF TERMS. 361 
 
 District Courts. Courts established by Congress. There are sixty- 
 five District Courts, distributed among the different States. These courts 
 deal with criminal cases and violations of the national laws. 
 
 District of Columbia. The place in which the Capitol is located. 
 
 Dock-yard. A government place where war-ships are repaired and 
 naval stores are kept. 
 
 Duty. A sum of money for the support of a government, generally 
 levied on imports. Ad valorem, specific, and compound duties are the 
 various kinds in use by our government. 
 
 Elector. A voter. A common elector is one who votes on all 
 questions. A Presidential elector is one who is chosen by the common 
 electors and who votes for President and Vice-President. 
 
 Electoral College. All the Presidential electors. The men who 
 elect the President and the Vice-President. 
 
 Eligible. Having the proper qualifications to hold oflSce. 
 
 Emolument. A present, gift, or compensation. 
 
 Enumeration. The act of counting. The census, which is required 
 to be taken every ten years. 
 
 Equity. The application of justice to those cases in dispute in which 
 there is no law upon the subject. 
 
 Excises. A sum of money for the support of a government, generally 
 levied on goods made in the country. 
 
 Executive. That branch of the government which sees that the laws 
 made by Congress are enforced or carried out. The President, cabinet 
 officers, and minor officers under them belong to the executive branch. 
 
 Exports. Goods carried out of a country. 
 
 Ex Post Facto. A law which increases the punishment of a crime 
 after it has been committed. It also makes an act a crime which was not 
 a crime when it was committed. Such laws are prohibited. 
 
 Extradition. The exchange of fugitives from justice between two 
 countries. 
 
 Extraordinary. Anything unusual. That which is not ordinary 
 or common. An extraordinary session of Congress is one that is not 
 regularly provided for ; it is convened by the President. 
 
 Felony. Any crime of a serious nature. 
 
 Fine. A sum of money imposed by a court for the violation of some 
 law. 
 
362 APPENDIX. 
 
 G. 
 
 Governraent. The collection of laws which control the actions of 
 the inhabitants of a country. That part of society selected to see that 
 the laws are obeyed and that the business of the nation is properly 
 transacted. 
 
 H. 
 
 Habeas Corpus. A writ issued by a judge to bring a prisoner before 
 him. This is to find out whether the prisoner has committed such a 
 serious crime that he should be deprived of his liberty. This can be 
 granted only before a regular trial. 
 
 House of Representatives. One of the two houses of Congress. 
 The larger branch of the Legislative Department. The branch directly 
 representing the people. A branch of a State Legislature. 
 
 I. 
 
 Imminent. Impending, near, close at hand, immediate. An immi- 
 nent act is one which is about to occur. 
 
 Immunity. A special right. A right which is not possessed by all 
 the people, but only a certain part thereof. 
 
 Impeachment. The passing of a bill by the House of Kepresenta- 
 tives charging an oflficer of the government with improper conduct while 
 in office. 
 
 Imports. Goods brought into a country. 
 
 Imposts. A sum of money levied on imports for the support of the 
 government. 
 
 Indictment. A paper drawn up by a district attorney, charging a 
 person with crime. 
 
 Ineligible. Not qualified. Not possessing the proper qualifications 
 to hold office. 
 
 Inhabitant. One who lives in a city. State, or nation. If an in- 
 habitant is born or naturalized here, he has certain rights, and is a citizen ; 
 if not, he is simply a resident, without these rights. 
 
 Insurrection. A rising of the people against certain acts of the 
 government. In an insurrection the uprising is not wide-spread and 
 there is no harmonious action. 
 
 Invasion. The entering of an armed force into the territory of 
 another nation without its consent. 
 
 Involuntary Servitude. The act of serving against one's will. 
 This relates to prisoners, who, as punishment for crime, are compelled to 
 serve terms in prison against their wills. It also related to slavery. Slaves 
 were compelled against their wills to serve their owners. 
 
GLOSSARY OF TERMS. 363 
 
 J. 
 
 Judgment. The sentence or decision of, or punishment by, a court. 
 Judgment in impeachment cases can only extend to removal from office, 
 but the person may receive another judgment in a regular court. 
 
 Judicial Proceeding's. A record of all trials of the courts. A 
 book containing accounts of all the business in the courts. 
 
 Journal. A book kept by each house, in which the transactions are 
 written. 
 
 Jurisdiction. The territory over which the power of a country 
 extends. 
 
 Jury. A number of men used in court proceedings to judge as to the 
 guilt or innocence of an accused person. The grand jury, generally con- 
 sisting of twenty- three men, decides whether the evidence against an 
 accused person is sufficient to warrant a trial in court. A common or 
 petit jury, consisting of twelve men, judges of the guilt or innocence of 
 the accused. 
 
 La"W. A bill which has followed the course prescribed by the Consti- 
 tution. A written document describing what may and may not be done. 
 
 Legislative. Relating to that branch of government which makei 
 the laws. 
 
 Liiroited. Relating to a monarchy in which the power of the ruler 
 is limited by a constitution and in which the people have some rights. 
 
 M. 
 
 Magazine. A place where ammunition is stored. 
 
 Majority. Relates generally to votes, voting, or number. More 
 than half, as 33 -r- 2 = 17, majority. 
 
 Maritime. Pertaining to the sea. Cases which arise under this head- 
 ing are in the jurisdiction of the United States courts. 
 
 Marque and Reprisal. Authority from a government to private 
 citizens to capture the goods or ships of citizens of a country with whom 
 it is at war. Letters of marque and reprisal are the papers which give 
 such citizens the authority to go on the high seas and capture vessels of 
 the enemy. 
 
 Militia. The citizen soldiers of the diflferent States. A reserve army 
 called upon in times of need. Men who exercise in the use of arms at 
 convenient times, but who still pursue their usual occupations. 
 
364 APPENDIX. 
 
 Minister. A representative of one country to another. He is next 
 in importance to an ambassador, and is sent to countries of secondary 
 importance. He looks after the interests of his country, and resides at 
 the capital of the country to which he is sent. 
 
 Misdemeanor. A crime of lower degree than felony. Felony may 
 be punishable by death, but not so with a misdemeanor. 
 
 Monarchy. A country or nation ruled by a monarch. The people 
 have no voice in the selection of the monarch, that office being hereditary. 
 
 N. 
 
 Nation. A country generally composed of many parts under the con- 
 trol of one ruler. 
 
 Natural Born. Bom within a country or in any place subject to its 
 jurisdiction. 
 
 Naturalization. The method by which a foreigner becomes a 
 citizen. 
 
 Nobility. Titles by which persons are divided into diflferent classes. 
 These titles are generally found in monarchies. In the United States 
 they are prohibited. 
 
 O. 
 
 Oath. A declaration for the proper performance of a public duty, 
 made with the hand upon the Bible. 
 
 Objections. Keasons which the President writes on each bill that 
 he does not sign. 
 
 Ordain. To order. 
 
 Original Jurisdiction. Pertaining to the j urisdiction of the Supreme 
 Court. The beginning and ending of a case in the Supreme Court. Such 
 cases cannot be appealed. 
 
 Overt. Open ; public ; that which can be seen. An overt act is one 
 which is openly performed in the presence of other people. 
 
 P. 
 
 Pardon. An absolute release from prison and from serving the 
 punishment inflicted by some court as a punishment for crime. 
 
 Party. A collection of citizens who believe in the same political prin- 
 ciples and who have banded themselves together to have their principles 
 put into practice. One side to a controversy. 
 
 Patent. A government protection to inventors. 
 
GLOSSARY OF TERMS. 365 
 
 Pension. A fixed and regular sum of money paid by the govern- 
 ment to a person who has been disabled in the service of his country. 
 The pension lasts during the lifetime of the pensioner and goes to his wife 
 and children at his death. 
 
 Piracy. Kobbery committed on the high sea. This crime is almost 
 extinct in civilized countries. 
 
 Plurality. The number of votes more than the next highest candidate. 
 If there are one thousand votes cast and A gets two hundred, B three 
 hundred and fifty, and C four hundred and fifty, C has a plurality of 
 one hundred votes over the next highest candidate. 
 
 Preamble. To go before ; an introductory clause. A clause or 
 clauses which go before a constitution or charter, giving the reasons for 
 its adoption. 
 
 Proprietary. Kelating to a form of colonial government. In this 
 form the Governor was a man who owned the land. He was called a 
 " proprietor. " Most of the rights of the people were granted by him. 
 
 Pro Tempore. For the time. A Senator who guides the actions of 
 the Senate when the Vice-President is absent is called the president pro 
 tempore. A Kepresentative who presides over the House of Eepresenta- 
 ti ves when the Speaker is away is called the Speaker pro tempore. 
 
 Provincial or Royal. Kelating to a form of colonial government 
 Of the three forms of colonial government this one had the least rights. 
 The Governor and the members of the upper house of the Legislative 
 Department were appointed by the king. The lower house was composed 
 of members chosen by the people. 
 
 Public Acts. The acts or laws made by any law-making body. 
 
 Q. 
 
 Qualifications. The necessary qualities or properties which entitle 
 one to hold oflBce. 
 
 Quorum. The number of members necessary to do business. A frac- 
 tional part of the membership of each house which must be present in 
 order to transact business. 
 
 R. 
 
 Ratify. To give consent to ; to agree to ; to approve. To ratify a 
 constitution is to give consent to it. 
 
 Rebellion. An uprising of many people against the authority of the 
 government. In a rebellion the people act together and have leaders. 
 
 Reconsider. To consider again ; to review. "When a bill is vetoed 
 by the President it must be reconsidered by Congress if it is desired to 
 make it a law. 
 
366 APPENDIX. 
 
 Representative. A member of the United States House of Eepre- 
 Bentatives. One who directly represents the people in Congress. A 
 member of the lower house of a State Legislature. 
 
 Reprieve. The right or power which the President has to stop the 
 carrying out of the sentence of a United States court. The Governor 
 has the same power over State courts. This does not free a person, but 
 simply gives the prisoner the benefit of time in order to produce any new 
 and important evidence that may be found after he has been sentenced. 
 A paper containing an order to postpone the punishment to be inflicted 
 upon a convicted party. 
 
 Republican Form of Government. One in which the people 
 rule through representatives. 
 
 Requisition. A formal demand made by one State or government 
 upon another for the surrender of a fugitive from justice. 
 
 Resignation. The giving up of an office before the term of service 
 has expired. The paper which contains a statement or notice that a 
 person desires to relinquish his authority over an office. 
 
 Revenue. The money derived from taxation and used for the support 
 of the government. 
 
 Revolution. A successful rebellion. 
 
 Search- Warrant. A paper issued by a court giving permission to 
 some one to enter a house to search for goods or persons. 
 
 Secession. The act of going aside, going apart, or leaving. The 
 leaving of a State from the Union when such State thinks it proper to 
 do so. Many States left the Union during Lincoln's administration to take 
 part in the Kebellion. 
 
 Securities. A substitute for money. Government securities are 
 papers showing that the holder is entitled to money from the government. 
 Bonds are securities. 
 
 Senate. One of the two houses of Congress. The upper and smaller 
 branch of the Legislative Department. That part of Congress in which 
 the States are represented. The upper and smaller branch of a State 
 Legislature. 
 
 Senator. A member of the United States Senate. One who repre- 
 sents a State in Congress. A member of a State Senate. 
 
 Slavery. The keeping of slaves. Involuntary servitude. Slaves are 
 persons who are held as property by others. They can be bought and 
 sold as their owners see fit. 
 
 Society. The association of fellow-beings. 
 
GLOSSARY OF TERMS. 367 
 
 Sole. Only; special; exclusive. "The House of Representatives 
 shall have sole power of impeachment. ' ' 
 
 Speaker. The person who directs the actions of the House of Repre- 
 sentatives. He must be a member of that body. 
 
 State Sovereignty. The idea once held in the Southern States that 
 they could refuse to obey a law of the United States if they thought 
 such law inimical to their particular interests. This was one of the causes 
 of the Civil War. 
 
 " Such Persons." A phrase used to avoid the word slaves. Sla- 
 very is mentioned but twice in the Constitution, — viz., in the Thirteenth 
 and Fourteenth Amendments. 
 
 Suffrage. The right to vote. 
 
 Supreme Court. The highest court in the land. It was established 
 by the Constitution, and is now composed of nine judges. It is located 
 at Washington, D. C. 
 
 Tariff. A schedule of taxes. A law specifying the amount of im- 
 port tax to be levied upon each article brought into the country. 
 
 Tax. A sum of money paid to a government for its support. 
 
 Territory. Land of the government used for various purposes. A 
 part of the United States not organized as a State, but under the direct 
 control of Congress. 
 
 Tonnage. The capacity of a ship in tons. 
 
 Treason. ' ' Levying war against the United States or adhering to 
 their enemies, giving them aid and comfort.*' 
 
 Treaty. An agreement between nations settling questions which may 
 be in dispute between them, such as war, boundaries, commerce, extra- 
 dition, and postal affairs. 
 
 Tribunals. Courts of justice. Places where criminals are tried and 
 disputes settled. 
 
 Uniform. To be the same or alike. Taxes shall be uniform through- 
 out the United States. Naturalization shall be uniform in the United 
 States. Elections for President shall be uniform throughout the United 
 States. 
 
 Vacancy. An office which is unfilled, unoccupied, or empty, caused 
 by death, resignation, removal, or sickness. 
 Validity. Valid ; state of being good or legal. 
 
368 APPENDIX. 
 
 Veto. ' ' I forbid. ' ' The refusal of the President to Bign a bill sent 
 to him by Congress. A method of preventing a bill from becoming a 
 law on its first passage. 
 
 Vice-President. The officer next to the President. The one who 
 becomes President when there is a vacancy in that office. The Vice- 
 President is the presiding officer of the Senate. 
 
 W. 
 
 Writ of Election. A paper issued to the sheriff by the Governor of 
 a State authorizing the former to give notice to the voters or electors 
 of a certain district that an election will be held on a particular day. 
 These writs are issued when a vacancy occurs in the representation of any 
 State in the United States House of Eepresentatives. 
 
 Y. 
 
 Yeas and Nays. A method of voting. In voting by yeas and nays 
 a person answers to his name, saying ' * Yea " if he favors the matter 
 under discussion, or ' * Nay " if he opposes it. 
 
INDEX. 
 
 Abolitionista, 269 
 
 Absolute monarchy, 21 
 
 Adams, John, 293 
 
 Adams, Samuel, 280, 281 
 
 Adjournment, 86 
 
 Ad valorem duty, 103, 104 
 
 AflSrmatlon, 186, 187, 250, 251 
 
 Alaska, purchase of, 141, 239 
 
 Albany Convention, 32, 33 
 
 Alien, 110, 111 
 
 Alien Law, 222 
 
 Alliance, 155, 157 
 
 Ambassadors, 196, 197 
 
 Amendment, First, 256-258 ; Second, 258, 
 259; Third, 259; Fourth, 259, 260; 
 Fifth, 260-263 ; Sixth, 263, 264 ; Seventh, 
 264; Eighth, 264, 265; Ninth, 265; 
 Tenth, 266; Eleventh, 217, 266; 
 Twelfth, 171, 172, 266, 267 ; Thirteenth, 
 145, 270; Fourteenth, 111, 270; Fif- 
 teenth, 270 
 
 Amendments defined, 244, 245; method 
 of making, 244-246 ; number of, 244 
 
 American System of Taxation, 106, 107 
 
 Appellate jurisdiction, 219, 220 
 
 Appointments, 196-198 
 
 Apportionment of Representatives, 62- 
 65, 273, 274 
 
 Apprentices, 232, 233 
 
 Appropriations, 153 
 
 Arbitration, 316-318 
 
 Area of the Colonies of the United 
 States, 238 ; of the States, 237 ; of the 
 Territories, 238 
 
 Aristocracy, 22 
 
 Armies, 131-133 
 
 Arms, the right to bear, 258, 259 
 
 Army, government of, 134 
 
 Arrest, freedom of Congressmen from, 88 
 
 Arsenals, 137, 139, 140 
 
 Articles of Confederation, 39-43, 45, 46, 
 49, 51, 54, 55, 56, 101, 141, 155, 163, 
 211, 247, 249, 251 
 
 Assemblage and petition, 256, 257, 258 
 
 Attainder, bill of, 147, 155, 158 
 
 Attainder of treason, 226 
 
 Attorney-General of a State, 15 
 
 B. 
 
 BaU, 264, 265 
 
 Ballot, 85, 170, 171, 172 
 
 Bankruptcy, 116, 117 
 
 Barbary States, piracy of, 128 
 
 Bill, definition of, 89 ; manner of passing, 
 
 90-92 ; of revenue, 89 
 Bill of Rights, 255 
 Bonds, 108, 119, 122 
 Borrowing money, 107, 108 
 Bribery, 203 
 Brown, John, 270 
 Buoys, 110 
 Bureau of Engraving, 117 
 
 Cabinet ofttcers, 188 
 
 Calhoun, John C, life of, 288, 289; on 
 
 necessity of government, 4, 5 
 California, purchase of, 239 
 Candidates, Presidential and Vice-Presi-. 
 
 dential, 169 
 Capital, 137-139 
 Carpenters' Hall, 35 
 Census, 60, 61-65, 149 
 Certificates, 170, 171, 173 
 Charter form of colonial government, 
 
 27,28 
 Circuit Courts, 127, 211, 212, 213 
 Citizen, definition of, 272 ; rights of, 273 
 City, government of, 11 ; oflBcers of, 11 
 Civil case, 264 
 Civil office, 88 
 
 24 
 
370 
 
 INDEX. 
 
 Civil officer, 89; impeachment of, 202, 
 
 203 
 Civil society, 2 
 Civil War, 101, 119, 120, 130, 145, 270, 273, 
 
 275, 276 
 Clay, Henry, 106, 286, 287 
 Clearance papers, 151, 152 
 Cleveland, Grover, 108, 109 
 Coin, 117, 118, 119, 120, 121, 122 
 Colonies, government of, 25-28 ; rise of, 
 
 in America, 25 ; their isolation, 31 
 Colony, 25, 234 
 Commerce, 108-110, 150-152 
 Commissioner of Patents, 125; of Pen- 
 sions, 319 
 Commissions, 198, 199 
 Common law, 264 
 Compensation of Congressmen under 
 
 the Articles of Confederation, 87 ; 
 
 under the Constitution, 87 ; of the 
 
 President, 185, 186 
 Complexity of Law, 209, 210 
 Compound duty, 103, 104 
 Compromise of 1850, 269, 270 
 Compromises, 47, 48, 145, 165 
 Confederation, 155, 157 
 Congress, First Continental, 35, 109; 
 
 Second Continental, 35, 36, 49, 51, 118 ; 
 
 Stamp Act, 34 
 Congress of the United States, branches 
 
 of, 56, 57 ; meetings of, 81 ; power over 
 
 State elections, 81 ; powers of, 99-142 ; 
 
 sessions of, 81, 82 
 Constitution, definition of, 3 ; in limited 
 
 monarchy, 21; of a State, 12; of the 
 
 United States, 49, 54, 55, 99, 101, 141, 
 
 163, 164, 251 
 Constitutional, meaning of the term, 
 
 94 
 Constitutional Convention, 46-48, 164, 
 
 165, 268 
 Constitutional law, 92, 93 
 Constitutional monarchy, 21 
 Consul, 197 
 
 Contracts, 155, 158, 159 
 Convention, Trade, 45, 46 
 Copyright law, 125 
 Copyrights, 123, 125 
 Counterfeiting, 121, 122 
 County, a division of a State, 7 ; officers 
 
 of, 8, 9, 10 
 
 Court of Claims, 127, 212, 213 ; of District 
 of Columbia, 127, 212, 213 ; of a State, 
 15,16 
 
 Courtrmartial, 203, 262 
 
 Credit, bills of, 155, 157 
 
 Crime, trial for, 220, 221, 260-263, 264 
 
 Cuba, 239, 240 
 
 Custom-house, 105, 139, 140 
 
 Debts of the United States to be valid, 
 247-249, 275, 276 
 
 Declaration of Independence, 36, 37, 49, 
 259 
 
 Declaration of war, 128-130 
 
 Democracy, a form of government, 22 
 
 Democrats, 107 
 
 Departments of the cabinet: Agricul- 
 ture, 189, 190 ; Attorney-General, 189 ; 
 Interior, 189 ; Navy, 189 ; State, 188 ; 
 Treasury, 188, 189 ; War, 189 
 
 Dickinson, John, 40, 286 
 
 Dingley Bill, 107 
 
 Direct taxes, 101, 102, 104, 148, 149, 246, 
 247 
 
 Disqualification to hold office, 274, 275 
 
 District Courts, 127, 211, 212, 213 
 
 District of Columbia, 137-139, 238 
 
 Dock-yards, 137, 139, 140 
 
 Douglas, Stephen A., 290, 291 
 
 Dred Scott decision, 270 
 
 Duties, 103, 104, 159, 160 
 
 E. 
 
 Election for electors, 179, 180 ; for Presi- 
 dent, 176, 266, 267 ; for Vice-President, 
 176 
 
 Elections, 80, 81 
 
 Electoral College, 177, 178 ; Commission, 
 175 ; vote of each State, 237 
 
 Electors, 163, 166, 168-176, 179, 180 
 
 Emancipation Proclamation, 270, 271, 
 355, 356 
 
 Equity, 214, 215 
 
 Excises, 104 
 
 Executive Department of the United 
 States, 163, 164, 167 ; of a State, 13-15 
 
 Exhibitions, 126 
 
 Expenditures, 152, 153 
 
 Exports, 149, 150, 159 
 
INDEX. 
 
 371 
 
 Ex post facto, 147, 148, 155, 158 
 Expulsion of members of Congress, 83, 
 
 84 
 Extradition papers, 231, 232 
 Extraordinary session, 200, 202 
 
 F. 
 
 Federalist, The, 50 
 
 Felony, 128 
 
 Fifteenth Amendment, 270 
 
 Fines, 264, 265 
 
 Fisheries, 109 
 
 Florida, purchase of, 141, 239 
 
 Foreigner, 110, 111 
 
 Forts, 137, 139, 140 
 
 Fourteenth Amendment, 111, 270 
 
 France, seizure of American vessels by, 
 
 129 
 Franklin, Benjamin, 32, 33, 284, 285 
 Free trade, 107 
 French and Indian War, 32 
 Fugitive Slave Law, 233, 269, 270 
 Fugitives from justice, 230-232; from 
 
 labor, 232, 233 
 Funding System, 105, 249 
 
 Gadsden purchase, 239 
 
 Gladstone, William E., 50 
 
 Government, Calhoun on, 4, 5 ; civil, 2, 
 3 ; colonial forms of, 25-27 ; different 
 forms of, 20-23 ; of the United States, 
 23; under Second Continental Con- 
 gress, 39, 40 
 
 Governor, 13, 14, 160, 161 
 
 Growth of the country, 238, 239 
 
 Guam Island, 239 
 
 Guarantee to States by the United States, 
 241,242 
 
 H. 
 
 Habeas corpus, 145-147, 262 
 
 Hamilton, Alexander, 49, 50, 105, 141, 
 
 249, 281, 282 
 Hamilton's Plan, 47 
 Hancock, John, 35, 282 
 Hawaiian Islands, 239, 240 
 Henry, Patrick, 282, 283 
 Honesty, 247, 248, 249 
 Honor, ofllce of, 169 
 
 Hospital, Marine, 110 
 
 House of Representatives, 56-68 ; bills of 
 revenue must originate in, 89, 90 ; elec- 
 tion of President by, 170, 171, 174, 175 
 
 Huguenots, 25 
 
 I. 
 
 Immigration, 112-114 
 
 Imminent, 161 
 
 Immunities, 230 
 
 Impeachment, 68, 76-80, 202, 203, 220 
 
 Imports, 159 
 
 Inauguration, 174, 175 
 
 Independence Hall, 35, 46 
 
 Independence of the Colonies, 86, 37 
 
 Indictment, 260, 261 
 
 Indirect tax, 101, 102, 104 
 
 Inspection laws, 158 
 
 Insurrection, 105, 106, 136, 242, 243, 275, 
 
 276 
 Interior, Secretary of, 140 
 Invasions, 136, 242 
 Involuntary servitude, 271 
 
 J. 
 
 Jackson, Andrew, 106, 129, 297, 298 
 
 Jay, John, 50, 299, 300 
 
 Jefferson, Thomas, 36, 118, 294, 295 
 
 Johnson, Andrew, 79 
 
 Journal, 84 
 
 Judges of the United States courts, 214 
 
 Judgment in impeachment cases, 79, 80 
 
 Judicial Department of a State, 15, 16 ; 
 
 of the United States, 210, 211 
 Jurisdiction of the United States courts, 
 
 214-217 
 Jury, grand, 16, 260, 261; petit, 16, 220, 
 
 261-263 
 Justice, 208, 209 
 
 K. 
 
 Kansas-Nebraska Bill, 93, 94, 270 
 
 Law, constitutional, 92, 93 ; definition of, 
 3, 89 ; methods of making, 90-92 ; of 
 Nations, 128 ; statute, 93, 94 ; uses of, 3 
 
 Lee, Richard Henry, 36, 283 
 
 Legislative Department of a State, 12; 
 of the United States, 167 
 
 Legislative power, 56 
 
372 
 
 INDEX. 
 
 Legislature, power of, over State elec- 
 tions, 81 
 Liberator, 269 
 Librarian of Congress, 123 
 Lieutenant-Governor, 14 
 Life-saving service, 109 
 Light-houses, 110 
 Limited monarchy, 21 
 Lincoln, Abraham, 146, 298, 299 
 Lists, 170-173 
 Literature, 123, 124 
 Louisiana purchase, 141, 239 
 
 M. 
 
 Mace, 67, 68 
 
 Madison, James, 46, 50, 295 
 
 Magazines, 137 
 
 Mail, 122, 123 
 
 Majority President, 179 
 
 Majority vote in Electoral College, 170- 
 
 174 
 Man a social being, 1 
 Marque and reprisal, 128, 131, 155, 157 
 Marshall, John, 300 
 Mason and Dixon's Line, 309-311 
 McKinley Bill, 107 
 Measures, 117, 120, 121 
 Message of President, 200 
 Metric system, 121 
 Mexican War, 130 
 Mexico, purchase from, 141 • 
 Mileage, 88 
 
 Military Academy, 132, 133 ; officers, 89 
 Militia, 134-137, 160, 161, 242 
 Mills Bill, 107 
 Minister, 196, 197 
 Minority Presidents, 178, 179 
 Mint mark, 117 
 Mints, 117, 139, 140 
 Misdemeanor, 203 
 
 Missouri Compromise, 93, 268, 269, 270 
 Money, 107, 108, 117-122, 152, 153, 155, 157, 
 
 158 
 Monarchy, absolute, 21 ; comparison of 
 
 difEerent kinds of, 21, 22 ; definition of, 
 
 20 ; examples of, 21 ; kinds of, 20, 21 ; 
 
 limited, 21 
 Monroe Doctrine, 240 
 Monroe, James, 296, 297 
 Morris, Gouvemeur, 285, 286 
 Morris. Robert, 283, 284 
 
 N. 
 
 National Guard, 134 
 Nations, Law of, 128 
 Naturalization, higher standard of, 
 
 114-116; process of, 110-112 
 Naval Academy, 133, 134 
 Navy, government of, 134 ; Secretary of, 
 
 133 
 New England Confederation, 31, 32 
 New Jersey Plan, 47 
 Northwest Territory, 236, 311, 312 
 Nullification, 106, 250 
 
 Oath of President, 186, 187 ; of State 
 and national officers, 250, 251 ; of Vice- 
 President, 187 
 
 Office of honor, 154, 169; of trust, 154, 
 169 
 
 Officers of the House, 66-68 ; of the Sen- 
 ate, 75, 76 
 
 Orders, 94, 95 
 
 Ordinance of 1787, 268, 312 
 
 Oregon country, 239, 312, 313, 314 
 
 Original jurisdiction, 218 
 
 P. 
 
 Paper money, 117, 118, 119, 120 
 Pardons, 190, 191 ; Board of, in a State, 
 
 16 
 Parks, 139, 140 
 Parliament, 146 
 Passports, 129, 318, 319 
 Patents, 123, 125, 126 
 Patterson, William, 47 
 Pension, 275, 276, 319, 320 
 Petition and assemblage, 256, 257, 258 
 Philippine Islands, 141, 239, 240 
 Pinckney, Charles, 47 
 Piracy, 128, 131 
 Political conventions, 305-307; parties, 
 
 302-305 
 Poll-tax, 148 
 Population of Colonies, 238; of States, 
 
 237 ; of Territories, 238 
 Porto Rico, 239, 240 
 Postmaster-General, 122 
 Post-office, 122, 123, 140 
 Post-road, 122 
 
INDEX. 
 
 373 
 
 Powers reserved to States, 266 
 
 Preamble, 54-56 
 
 Presents, 154, 155 
 
 President, 153, 154, 160, 163-167, 174-176 ; 
 appoints officers, 196-198 ; calls extra- 
 ftcdiaacjL-SfiSsions, 200, 201; as com- 
 mander-in-chief, 187, 188 ; election of, 
 266, 267 ; executes the laws, 200, 201 ; 
 fills vacancies, 198-200 ; majority, 179 ; 
 messages of, 202; minority, 178, 179; 
 of Senate, 173 ; power over bills, 90-92, 
 95; power over militia, 135; power 
 over treaties, 191, 192 ; pro tempore, 75, 
 76, 173 ; qualifications of, 180-182 ; term 
 of office of, 164, 165, 
 
 Presidential electors, 166-174, 176 ; suc- 
 cession, 183, 184; vacancies, 182- 
 184 
 
 Press, freedom of, 256, 257 
 
 Privateers, 131 
 
 Privileges, 230 
 
 Proclamations, 307-309 
 
 Property of the United States, 241 
 
 Proprietary form of colonial govern- 
 ment, 26, 28 
 
 Protection, 107 ; to States, 242, 243 
 
 Provincial form of colonial government, 
 25, 26, 28 
 
 Punishments, 264, 265 
 
 Puritans, 25 
 
 Q. 
 
 Quakers, 25 
 
 Qualifications of President, 180-182 ; of 
 Representatives, 59, 60; of Senators, 
 74 ; of Vice-President, 182 
 
 Quartering Act, 34 
 
 Quorum, 83; in House of Representa- 
 tives, 170, 171, 174 ; in Senate, 174 
 
 R. 
 
 Railroads, 110, 122, 123 
 Randolph, Edmund, 284 
 Randolph, Peyton, 35 
 Rebellion, 243, 275, 276 
 Receipts, 152, 153 
 Reciprocity, 107 
 Religion, freedom of, 256, 257 
 Religious test, 257 
 
 Representatives, apportionment of, 60- 
 65, 273, 274 ; as Congressmen-at-large, 
 63, 64 ; definition of, 58 ; ineligible as 
 Presidential electors, 163, 167, 169; 
 qualifications of, 59 ; vacancy in office 
 of, 65, 66 
 
 Reprieves, 190 
 
 Republic, 22, 23 
 
 Republicans, 107 
 
 Requisition papers, 231 
 
 Resolutions, 94, 95 
 
 Resumption of specie payment, 120 
 
 Revenue tariff, 107 
 
 Revolutionary War, 89, 100, 119 
 
 Rights reserved to the people, 265 
 
 Royal form of colonial government, 25, 
 26,28 
 
 Rules of each house, 83, 84 
 
 Science, 126, 127 
 
 Scott, Dred, 219 
 
 Seaports, 150, 151, 152 
 
 Search, security from, 259, 260 ; warrant, 
 260 
 
 Secession of States, 270 
 
 Secretary of a State, 14 
 
 Securities, 122 
 
 Senate, 68-80; chooses the Vice-Presi- 
 dent, 172 ; composition of, 68, 69 ; con- 
 firms appointments, 191, 196-200 ; offi- 
 cers of, 75, 76 ; power over treaties, 191, 
 192 ; vacancies in, 71, 72 
 
 Senators, classes of, 70, 71 ; election of, by 
 people, 72, 73 ; ineligible as Presidential 
 electors, 163, 167, 169; qualifications 
 of, 74 
 
 Sessions, extraordinary, 200, 201 ; regular, 
 81,82 
 
 Shays's Rebellion, 45, 276 
 
 Slavery abolished, 268, 270, 271 ; defined, 
 268 ; history of, 268-271 
 
 Slave-trade, 144, 145 
 
 Smithsonian Institution, 126, 127 
 
 Society, civil, 2 ; explained, 1 
 
 Southwest Territory, 236, 311, 312 
 
 Spanish War, 101, 108, 130 
 
 Speaker, 66, 67 
 
 Specific duty, 103, 104 
 
 Speech, freedom of, 256, 257 
 
374 
 
 INDEX. 
 
 Stamp Act, 33, 34 
 
 Stamp Act Congress, 34 
 
 Stars and Stripes, 314-316 
 
 State records, 229 ; Treasiirer, 14 
 
 States, area of, 237; date of admission, 
 237; definition of, 234; departments 
 of government in, 12, 13, 15, 16; dif- 
 ferences from Territories, 234, 235 ; 
 electoral votes of, 237 ; formed from old 
 States, 235, 236 ; government of, 12-16 ; 
 guarantee to, 241, 242; made from 
 Territories, 235 ; names of, 237 ; newly 
 admitted, 233, 234 ; population of, 237 ; 
 protection to, 242, 243 
 
 Statute law, 93, 94 
 
 Steamships, 122, 123, 126 
 
 Sumner, Charles, 289, 290 
 
 Suits against a State, 266 ; at law, 16 
 
 Superintendent of Public Instruction, 
 15 
 
 Supreme Court, 127, 210-212 
 
 Supreme law, 249, 250 
 
 Surplus, 153, 159, 160 
 
 Surveys, 110 
 
 T. 
 
 Taney, Roger B., 300, 301 
 
 Tariff, 103, 104, 106, 107 
 
 Tax, 100 
 
 Taxation, 100-107 ; of the Colonies, 33 ; 
 opposition to, 33, 34 ; troubles, 105-107 
 
 Taxes, direct, 148, 149, 246, 247 
 
 Tellers, voting by, 86 
 
 Tenure of Oflace Act, 198 
 
 Term of President, 164, 165 
 
 Territorial Courts, 127, 212, 213; expan- 
 sion, 239, 240 
 
 Territories, 234, 235, 236, 238 ; government 
 
 ' of, 241 
 
 Texas, annexation of, 239, 269 
 
 Thirteenth Amendment, 145, 270 
 
 Titles, 153, 154, 155 
 
 Tonnage duty, 160 
 
 Town, incorporated, 10 ; ofllcers, 11 
 
 Township, a division of a county, 7; 
 officers, 8; system of New England, 
 28,29 
 
 Trade Convention, 45, 46 
 
 Treason, 203 ; conviction of, 223; defined, 
 222, 223; examples of, 224, 225, 226; 
 punishment of, 226, 227 
 
 Treasury, 119, 120, 152, 153, 159, 160; 
 Secretary of, 105, 152, 154 
 
 Treaty, 155, 156, 157 ; Jay's, 193 ; method 
 of making, 191, 192; of Washington, 
 194, 195 ; with England, 192, 193 ; with 
 Mexico, 194 ; with Spain, 195 
 
 Treaty of 1842, 193 
 
 Treaty of 1846, 193, 194 
 
 Trial for crime, 220, 221, 260-263, 264 
 
 Tribunals, 127 
 
 Tripoli, war with, 130 
 
 Troops, quartering of, 259 
 
 T^ust, office of, 169 
 
 U. 
 
 United Colonies of New England, 31, 32 
 United States government, 23 
 
 V. 
 
 Vacancy in House of Representatives, 
 65, 66 ; in Senate, 70, 71, 72 ; in other 
 offices, 198-200 ; Presidential, 182-184 
 
 Veto, meaning of, 91, 92 ; pocket, 92 
 
 Vice-President, 74, 75, 163, 164, 166, 170, 
 171, 172, 174, 175, 176, 182 
 
 Virginia Plan, 46, 47 
 
 Viva voce method of voting, 85, 86 
 
 Vote in Electoral College, 170, 171, 173, 
 174 ; in House of Representatives, 94, 
 95, 170, 172, 174 ; in Senate, 172 ; right 
 
 . to, not to be denied, 277 
 
 Voting by ballot, 85 ; by sides or tellers, 
 86 ; vive voce, 85, 86 ; by yeas and nays, 
 84,85 
 
 w. 
 
 War, 128-131 
 
 Washington, city of, 138, 139 
 Washington, George, 165, 291-293 
 Weather Bureau, 110 
 Webster, Daniel, 287, 288 
 Weights, 117, 120, 121 
 Wilmot Proviso, 269 
 Wilson, James, 50 
 Wilson-Gorman Bill, 107 
 Writs of election, 66 
 
 Y. 
 
 Yea and nay method of voting, 84, 85 
 
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