OUTLINES OF
CIVIL GOVERNMENT
WITH
SUGGESTIONS FOR CIVIC TRAINING
BY ORIGINAL WORK
BY
ELEANOR J. CLARK
BOSTON, U. S. A.
THE PALMER COMPANY
120 BOYLSTON STREET
1910
Copyright, 1910,
by
THE PALMER COMPANY.
.
r
CONTENTS
PART I. LOCAL GOVERNMENT
The Township System in New England: The New Eng-
land Tow r n ......... I
The Township System in New England continued : The
New England County ....... II
The County System of the South Ill
The Mixed System of Middle Atlantic and Western States IV
The City V
PART II. STATE AND TERRITORIAL GOVERNMENT
The State : Constitution ; Powers of State ... VI
The State: Legislative Department . .... VII
The State : Executive Department VII
The State : Judicial Department . . . . VIII
Territorial Government IX
PART III. FEDERAL GOVERNMENT
Constitution of United States ; Powers of United States X
Legislative Department : Congress; House of Represent-
atives . . . . . . . . . . XI
Legislative Department: Senate XII
Legislative Department: The Two Houses ; Law Making XIII
Executive Department : Vested; Cabinet; President . XIV
Executive Department: Department of State, of the
Treasury . XV
Executive Department : Department of War, Navy, Jus-
tice, Post Office, Interior, Agriculture, Commerce
and Labor XVI
Judicial Department . . . . . . . . XVII
PART IV. THE CONSTITUTION OF THE UNITED STATES
270334
INTRODUCTION
PLAN
1. SIMPLE ACCOUNT, CONVENIENT SUMMARY.
The writer of this elementary book in Civil Govern-
ment has aimed to produce a simple but full account,
with a complete summary of each subject in the recitation
outlines.
2. PERSONAL STUDY OF LOCAL GOVERNMENTS,
ORIGINAL WORK.
The Outlines will be of little value without the personal
investigation of pupils and teacher together of those forms
of local government with which we are in daily contact.
Let the pupils learn the actual workings of the school
district, road district, township, incorporated town,
borough or city, and county government under which they
live. The officers themselves may be questioned, parents
will settle difficult points sure to come up. A state manual
issued by the legislature, a state register, local histories,
a city manual, town records, town reports, are excellent
aids. After the questions suggested by outlines for pupils'
notebook and others that have arisen are thoroughly talked
over in the class, require each pupil by use of the outline
in the book, or a better one which has been worked out,
to write a concise, accurate account of the subject. Hold
a town meeting, visit a court, do whatever seems wise to
interest the pupils in the study of local conditions, and
to make them good citizens.
vi
3. STUDY OF CENTRAL GOVERNMENTS.
The study of the familiar forms of local government will
lead to an interest in the more remote State and Federal
Governments. Require oral reports or written sketches of
the important historical events influencing our political
institutions suggested in the outlines for the notebooks,
or selected by the teacher. Make a school scrapbook of
clippings from papers, containing incidents which illus-
trate the workings of the departments of State and Federal
Government. Divide the book into chapters correspond-
ing to the plan of the Outlines or any convenient arrange-
ment. Let the pupil read his article, or a written sum-
mary of it when the article is long, and the class decide
what it illustrates and under what chapter it should be
placed.
4. FULL STUDY OF THE FEDERAL CONSTITUTION
OPTIONAL.
Topics relating to the Constitution are left optional
(marked optional in the recitation outlines). They
may be entirely omitted unless a thorough study of the
Constitution is desired; in that case the topics give a care-
ful summary. Numbers in parenthesis, as (7), refer to
that portion of the Constitution in Part IV. Explanatory
notes are given with the Constitution.
5. HISTORICAL AND THEORETICAL READINGS.
The historical development of our political institutions,
the theories of wise men as to what they should be, are
omitted in the Outlines, not because of the lack of impor-
tance of either, but because the pupil is so apt to confuse
vii
what was and what should be with what is that no clear
picture of the actual is left. By placing the historical
and theoretical matter as supplementary reading the diffi-
culty will perhaps be lessened.
Readings are suggested from Bryce's " American Com-
monwealth," Wilson's "The State," Johns Hopkins
University Studies, Nordhoff's "Politics for Young
Americans," White's "Money and Banking," and espe-
cially Ashley's "The State," Hart's "Actual Govern-
ment" and Willard's "City Government for Young Peo-
ple." Material for the topics under Federal Government
may be gleaned from most school histories.
If the three difficulties with which the writer has met
in teaching Civil Government accounts in technical
language natural to the learned author but far above the
heads of pupils, lack of convenient topical summary for
the teacher, general admixture of historical, theoretical
and actual, resulting in an indistinct picture in the
student's mind of what is are lessened; if the personal
investigation suggested should relieve the "dryness" of
Civil Government, this work of a fellow-teacher will not
be wasted.
PART I
LOCAL GOVERNMENT
RECITATION OUTLINE CHAPTER I
LOCAL GOVERNMENT
FORMS OF GOVERNMENT.
How local government is administered:
I. By township in New England.
II. By county in South.
III. By township and county in the Middle Atlantic
and Western States.
1. TOWNSHIP SYSTEM IN NEW ENGLAND.
1. Origin of township system in New England.
2. Present relation of township to county and state.
3. Township defined.
4. Election.
(1) Time.
(2) Caucus.
(3) Registration of voters.
(4) Warrant.
(5) Town meeting.
(a) How opened.
(b) Moderator.
(c) Debate.
(d) Measures.
(e) Voting.
(f) Canvassing the vote.
(g) Plurality or majority vote.
OTTLTXES, OF CIVIL GOVERNMENT
5. Town officers.
(1) Selectmen.
(2) Town Clerk.
(3) Treasurer.
(4) Auditor.
(5) Highway Surveyor or Road Commis-
sioners.
(6) Assessors of taxes. See ic Taxation."
(7) Collector of taxes. See ''Taxation."
Taxation:
By U. S. Government.
Kinds, (a) Indirect.
By local governments,
(b) Direct.
Personal.
f Personal.
Property \
I Real estate.
Exemptions.
Object.
How assessed.
Assessors.
Collectors.
(8) Overseer of Poor. (See Poor and Un-
fortunate.)
Poor and Unfortunate.
(a) Duty of Overseer.
(b) Partial support.
(c) Entire support.
(d) Insane.
(e) Reform schools.
(f) Soldiers, sailors.
OUTLINES OF CIVIL GOVERNMENT 3
(9) School committee (supervisors, board
of education, under Schools).
Schools.
1. District system.
2. Town system.
3. Course of study.
4. Support.
FORMS OF GOVERNMENT.
We live under three forms of government at least,
usually under four, township or city, county, state, and
Federal Government.* We so seldom come in contact
with state and Federal Government it is better to begin
with the study of local governments township or city and
county which deal with matters concerning our every-
day life.
How LOCAL GOVERNMENT is ADMINISTERED.
Local government in the United States is administered
in three ways: first, by the township as in the New Eng-
land States, where the county is of less importance;
second, by the county, as in Alabama and other Southern
states, where the township as a unit of government is
.almost unknown; third, by township and county together,
as in the Middle Atlantic group and the Western States.
* In some parts of the South and West there are no townships.
CHAPTER I
THE TOWNSHIP IN NEW ENGLAND
1. ORIGIN OF THE TOWNSHIP* SYSTEM iN fc NEW ENG-
LAND.
The first settlers of New England made their homes
close together because they dared not separate for fear of
hostile Indians; they wished to be near their church for
which they braved the wilderness, and the land was un-
suited to cultivation in large estates as in the South. In
time the towns united for common defence or convenience,
delegating a part of their powers to those wider govern-
ments of county and state which they, formed, but never
losing prominence in the control of local affairs.
2. PRESENT RELATION OF TOWNSHIP TO COUNTY AND
STATE.
The township is a part of county as well as state, and
shares in maintaining both by a tax assessed by each
government but collected by the township. It is under
little control of the county, but is wholly subordinate to
the state. The township (also county) has no sovereignty,
or right of rule in itself; the state grants it, as state agent,
power of local self-government.
3. TOWNSHIP DEFINED.
In defining township we must take into account the
land, the people and the township in its corporate
capacity.
* Words township and towa are used interchangeably in New
England, meaning th entire area; elsewhere town is applied to
the thickly settled portion of the township or area.
OUTLINES OF CIVIL GOVERNMENT 5
The townships of New England vary in shape and size
according to grants of land made the first settlers. The
township includes not only the land but its people who
have the right of governing themselves, although every
one at will*may not direct affairs. Since a township may
own and control property, make contracts, sue and be sued
at law all of which are privileges belonging to a corpo-
ration * it may be regarded in a corporate capacity
whether actually incorporated or not. As a public cor-
poration it must. elect its responsible agents to carry on its
business, just as a private corporation, a railway, for
example, employs a general superintendent to oversee the
work.
4. ELECTIONS.
(1) Time.
To elect these town officers and to transact town
business there is an annual town meeting, the time
of year varying in different states; special sessions
are called when necessary.
(2) Caucus or Primary.
The political parties of the town hold preliminary
meetings at which they nominate candidates for
town officers.
(3) Registration of voters.
The qualified voter must be sure that his name is
upon the list of voters (check list) prepared by cer-
tain officers and posted in some public place.
* Define corporation. The sq&allest unit of local government is
the school district. When a number of people settle in a portion
of the township they may form an incorporated village, fire dis-
trict or borough before becoming a city. They have their own
government apart from the township.
OUTLINES OF CIVIL GOVERNMENT
(4) Warrant.
At least ten days before the meeting a warrant
stating the matters to be voted upon, the time and
place of the meeting, is issued by the selectmen, in
such a way that it is brought to the notice of the
people. It may be posted where the people will
see it or printed in the local paper.
(5) Town meeting.
(a) How opened.
(b) Moderator.
The town clerk calls the meeting to order,
reads the warrant and presides until a
moderator is chosen to take his place as
presiding officer.
(c) Debate.
There is freedom to talk over the proposed
measures for the coming year and to criti-
cise the reports (town reports) submitted
by last year's officers.
(d) Measures.
These reports are accepted; town officers
are elected; the amount of taxes to be
raised for schools, highways, the poor and
other town expenses is decided, by-laws*
or ordinances relating to town government
are passed.
* By from Saxon word meaning town ; then by-laws are town
laws.
OUTLINES OF CIVIL GOVERNMENT 7
(e) Voting.
Each party at its caucas has prepared its
ticket or list of candidates, or there may
have been a fusion ticket of candidates
from the different parties. The voter makes
his choice by marking these ballots. By
the Australian system, or its modifications
in use in New England, the voter has a
right to secrecy in voting. As each man
deposits his ballot his name is marked (or
checked) upon the check list by officers in
charge.
(f) Canvassing (counting) the votes.
The number of votes counted at the close of
the day should correspond with the number
of names marked upon the check list. Cer-
tain officers prepare a list of names of can-
didates with the number of votes each has
received. If it is a county and state elec-
tion, also, lists are sent to county and state
officials.
(g) Plurality or majority.
Most candidates are elected by a plurality
vote: that is, if Cook has 650 votes, Shaw
600 and Smith 500, Cook is elected by a
plurality of fifty votes. If a majority vote
were necessary no one would have been
elected for 650 is not a majority one over
half of the total number of votes cast.
/650+600+500 Q , . \
( * =870+1=876, majority. )
\ J
8 OUTLINES OF CIVIL GOVERNMENT
5. TOWN OFFICERS.
(1) Selectmen.
The selectmen (select men) three, five, seven
or nine in number call town meetings, take charge
of town property, make purchases or sales authorized
by the town, represent the town in any suit at law,
grant licenses, lay out roads, provide for sanitary
measures, sometimes act as overseers of the town
poor, or assessors of taxes, in short care for local
interests.
(2) Town clerk.
The town clerk keeps a record of the proceedings
of town meeting, administers the oath of office to
town officers, registers births, deaths and marriages,
issues marriage certificates and burial permits,
draws the list of jurors * and makes necessary returns
(reports) to county and state officials.
(3) Treasurer.
(4) Auditor^
The treasurer receives and pays out all town
money by order of other town officers. His accounts
must correspond with theirs at the close of the year
when they are audited (examined and verified) by an
auditor or the selectmen in that capacity.
(5) Highway surveyor.
Highway surveyor, or road commissioner, takes
care of roads. Some towns are subdivided into
districts with a surveyor for each district, but this
leads to so much waste through ill-directed labor
that the public generally prefers one or more respon-
* Sometimes the selectmen do this.
OUTLINES OF CIVIL GOVERNMENT 9
sible commissioners in charge of all the roads of a
town. In farming communities people are often
permitted to work out a part or the whole of their
road tax instead of paying the money.
(6) Assessors of Taxes. (See Taxation.)
(7) Collector of Taxes. (See Taxation.)
TAXATION.
Taxation is of two kinds: (a) indirect and (b)
direct.
(a) Indirect taxation. *
An indirect tax is a sum of money demanded
by the government upon goods brought into
the country, or upon the manufacture of
certain goods, or upon certain occupations
or possessions.
By the Federal Government. The Federal
Government collects (1) customs, or taxes
on imported goods ; (2) internal revenue, or
taxes on certain luxuries produced in the
country, as cigars, liquors; a tax on cor-
porations.
By local governments. Local governments
collect such indirect taxes (1) as licenses
- for keeping dogs, peddling, hotel keep-
ing, selling tobacco or liquor? ; (2) fines
imposed for violation of certain laws, often
those restricting the sale of liquors.
(b) Direct taxation.
Direct taxes may be divided into two classes:
(1) personal and (2) property tax.
10 OUTLINES OF CIVIL GOVERNMENT
(1) Poll tax.
The personal tax, or poll tax, is that
paid by the male citizen twenty-
one years of age. In some states
its payment is a necessary qualifi-
cation for voting.
(2) Property tax.
The property tax is: first, that laid
/ upon real estate (houses and lands)
collected in the town in which it
lies whether the owner lives there
or not ; second, that on every other
sort of property (not exempted),
as money, stocks, bonds, furniture,
books, tools, machinery, animals,
almost anything that may be moved
about. This tax is collected in the
town in which a man has his legal
residence i. e., the place where
he votes though some forms of
his personal property as bonds or
stock may be elsewhere.
EXEMPTIONS.
That taxation may not bear too heavily on working
people^ mechanics' tools and farming implements are not
taxed. United States bonds are not taxed. Public prop-
erty, churches, charitable institutions, often college build-
ings, private school property, new industries which are of
benefit to the town, are partially or wholly free from
taxation.
OUTLINES OF CIVIL GOVERNMENT 11
OBJECT.
Taxes collected by the town are: first, a considerable
sum for town expenses, then much smaller sums, demanded
as the town's share for the support of county and state
governments.
How ASSESSED.
In the New England States the people are asked to
make a report to the selectmen of the value of their taxa-
ble property, usually by answering a printed list of ques-
tions. There is no temptation for the owner to cheat
about his real estate since the assessors know its value,
but he may report a much lower estimate of some forms
of his personal property stock, bonds, money if he
choose, since he alone knows the true amount.
Assessors sometimes the selectmen in that capacity
decide upon the value of each citizen's property by means
of these reports and by personal inspection. The appraisal
is made as fairly to each tax payer as possible, usually at
what the property would bring at a forced sale; not too
high lest the town pay more than its share of county and
state taxes.* The amount to be raised determines the
rate; three per cent would be an excessive rate.
COLLECTOR.
A collector gathers the taxes thus assessed within a
certain time, in some places discount being allowed for
prompt payment. Property on which the tax is not paid
may be sold at a tax sale the owner receives the money it
brings less the tax and costs. The collector is under
heavy bonds, a safeguard of his honesty.
* See County Commissioners as equalizing board, also Comp-
troller of State. Part I, p. 17.
12 OUTLINES OF CIVIL GOVERNMENT
(8) Overseer of Poor. (See Poor and Unfortunate.)
POOR AND UNFORTUNATE.
(a) Overseer of Poor looks after the needy of the
town, finds out if they have a right to town
support or if the county may be called upon
to help or to relieve them entirely.
(b) Partial or (c) entire support.
Aid may be given in the homes of the deserv-
ing poor; or their support wholly provided
for at the town or county farm when towns
unite to maintain a county farm instead of
separate town farms or their board may
be paid in some family.
(d) Insane.
The hopelessly insane are cared for at town
or county farms or at a state asylum.
(e) Reform schools.
Reform schools, maintained by the state as a
place of detention for vicious or criminal
youths, aim to teach and reform, these
young people.
(f) Soldiers, sailors.
The Federal Government provides homes and
hospitals for disabled soldiers and sailors;
also an asylum for insane soldiers, at
Washington.
(9) School committee or board of education.
SCHOOLS.
In New England there are two systems of school admin-
istration, the older district system, which has almost
entirely given place to the more modern town system.
OUTLINES OF CIVIL GOVERNMENT 13
1. DISTRICT SYSTEM.
Under the district system the town is subdivided into
school districts, each of which votes its taxes for school
support, elects its committee who hires the teacher and
attends to the material needs of the school. Usually a
town superintendent supervises the work of each school.
2. TOWN SYSTEM.
The voters of the township at a special school meeting,
or at the town meeting, elect three (or some multiple of
three) members of a board of education * who have the
care of school property and the direction of schools
throughout town. There may be schools in the various
districts of town or a central school, to and from which
pupils from the remote parts are carried free of charge.
Often a superintendent is appointed by the board of edu-
cation to do a part of their work, as hiring teachers, test-
ing their qualifications, aiding them in discipline, visiting
schools, providing uniform course of study, deciding upon
text-books, and ordering supplies when the town is obliged
to furnish free text-books. Small towns often unite to
employ a superintendent.
3. COURSE OF STUDY.
The town provides a grammar school course for its
pupils. In most of the New England States if a town
does not maintain a high school it must pay the tuition of
pupils who wish to attend a high school elsewhere.
* Called by different names, as directors, trustees, committee,
etc.
14 OUTLINES OF CIVIL GOVERNMENT
4. SUPPORT.
Besides the tax raised by the town for the support of
schools the state contributes from a fund set apart for that
purpose, perhaps from rental or sale of public lands, or
from certain licenses or fines.
(10) Justice of Peace.
Justice of Peace usually receives his appointment from
the governor. He tries minor, civil and criminal cases,
and, what is more important, he examines those accused
of serious crimes and orders their detention until they
can be tried before a higher court. (See State Judiciary.)
(11) Constables.
Constables are those officers who carry out sentence
pronounced by the justice of peace in his court, make
arrests for disturbances of public order or violations of
town ordinances.
OUTLINES OF CIVIL GOVERNMENT 15
RECITATION OUTLINE CHAPTER II
The Township System of Neiv Rngland continued
THE NEW ENGLAND COUNTY
1. Described.
2. Shire town.
3. Election of Officers.
4. Commissioners:
(1) As an equalizing board.
(2) The state equalizing board.
5. Treasurer.
6. Auditor.
7. Coroner.
8. Overseer of Poor.
9. County Superintendent of Schools.
10. Judges of Courts.
(Court Officers.)
11. Sheriff.
12. District Attorney.
13. County Clerk or Clerk of Court, or
(1) Register of Deeds.
(2) Register of Probate.
CHAPTER II
The Toivnship System of New Rn gland continued
THE NEW ENGLAND COUNTY
1. DESCRIBED.
The New England county is an area embracing few or
many townships without regard to its geographical out-
line. As the early towns grew they found it best to unite
into a district for the administration of justice, for the
support of the poor, for the maintenance of roads and
bridges between towns; its chief importance in New
England, however, is as a judicial district.
2. SHIRE TOWN.
The shire town of the county is that in which the county
court holds its sessions. Here are located the courthouse,
jail, and often the county farm.
3. ELECTION OF OFFICERS.
Some officers are elected by the people through town
meetings others are appointed to office.
4. COMMISSIONERS.
Usually three commissioners, elected for three years,
one retiring at the close of each year, are the chief admin-
istrative officers, doing for the county what the selectmen
do for the town. They represent it in suits of law, take
charge of its property, courthouse, jail, poorhouse,
have care of inter-town roads and bridges, apportion the
county taxes among the towns.
OUTLINES OF CIVIL GOVERNMENT 17
(1) Commissioners as an equalizing board.
In making returns to the county commissioners some
towns estimate the value of their taxable property much
lower than others. The commissioners act as an equaliz-
ing board, selecting one standard of value and appraising
the property of all the towns by that, so that each town
shall bear its just share of county expense.
(2) State equalizing board.
The counties in turn are assigned their due share of
state tax by a state equalizing board or the state controller.
This tax is divided among the towns of the county. As
already stated, the towns collect the three taxes, town,
county and state.
5. TREASURER.
Receives and pays out the money of the county.
6. AUDITOR.
Audits all accounts.
7. CORONER.
Investigates any sudden or mysterious death. He holds
a coroner's inquest by selecting a jury and calling before
it witnesses who know the circumstances of the death.
8. OVERSEER OF POOR.
Has charge of matters relating to relief of county poor.
9. COUNTY SUPERINTENDENT OF SCHOOLS.
There is in some states a county superintendent of
schools.
10. JUDGES OF COURTS.
Judges of county courts move from one county to
18 OUTLINES OF CIVIL GOVERNMENT
another, usually, but there are certain court officers who
reside in each county.
(Court officers) :
11. SHERIFF.
Is elected by the people, generally for a term of years;
he appoints his deputies or assistants. As court officer
he or his deputies must attend all county courts to carry
out their commands; he has charge of prisoners within
the jail. As a county administrative officer he is respon-
sible for order throughout its limits and may arrest dis-
turbers of the peace. If the arrested party resist him he
may call to his aid any citizen or the state militia by
applying to the governor.
12. DISTRICT ATTORNEY OR COUNTY SOLICITOR.
Is the lawyer who acts for the county in any civil suit
in which it has part, or prosecutes the criminals in behalf
of the state for crime committed in the county. He also
gives his opinion to the county officers on questions of
law.
13. COUNTY CLERK.
Keeps a record of county transactions; he records deeds
and mortgages of real estate in the county; as clerk of
court (County, District, Circuit) he records all decisions
of civil, criminal, or probate cases. Usually this work is
divided among:
(1) Register of deeds who records deeds and mort-
gages.
(2) Register of probate who records wills and
legal documents connected with probate
court. (See Courts of Record, Part II, p.
59.)
OUTLINES OF CIVIL GOVERNMENT 19
RECITATION OUTLINE CHAPTER III
THE COUNTY SYSTEM OF THE SOUTH
1. Described.
2. Officers.
Work.
How elected.
3. List of officers.
4. Towns of the South.
CHAPTER III
THE COUNTY SYSTEM OF THE SOUTH
1. ORIGIN OF THE COUNTY SYSTEM IN THE SOUTH.
The early settlers of the South found the land well
suited to agriculture. They held large estates little dis-
turbed by the Indians who were fewer in number and far
more friendly than those of the North. In this thinly
settled territory it was natural that the county should be
the organ of local government. In time towns grew, but
the familiar county system remains the choice of the
people.
2. VOTING DISTRICTS.
Since the county is too large to elect its officers by a
general meeting it is divided into voting districts (called
parishes, magisterial districts, precincts, civil districts,
etc.). The free, man-to-man discussion of affairs com-
mon in the Northern town meeting is lacking in Southern
elections.
These subdivisions are not only voting districts but
serve as an area for the jurisdiction* of a constable and
justice of the peace. The division is made, not as in the
case of the Northern township by the state legislature, but
by the county itself.
* *". e., An area over which each has his proper authority.
OUTLINES OF CIVIL GOVERNMENT 21
3. OFFICERS.
County officers do the work of Northern town and
county officers, in those states which have not adopted the
town system. They are:
Board of County Commissioners (whose duties are
those of Northern selectmen and county commissioners),
treasurer, auditor, assessors, collectors (sometimes the
sheriff collects taxes), overseer of poor, of roads, superin-
tendent of education, state's attorney (who acts for several
counties), clerk, sheriff, coroner, judges of courts, etc.
As all states have not the same county organization this
general statement may not apply to every state.
4. TOWNS OF THE SOUTH.
The Southern county is becoming somewhat changed
by the growth of towns through increase in manufacturing
and the establishment of school districts which in time
become towns.
22 OUTLINES OF CIVIL GOVERNMENT
RECITATION OUTLINE CHAPTER IV
MIXED SYSTEM OF MIDDLE ATLANTIC AND WESTERN
STATES
1. Origin of mixed system in Middle Atlantic States
Two types.
2. Origin of mixed system in West.
3. Townships.
(1) in Middle Atlantic group and Middle West.
(2) In Northwest.
CHAPTER IV
MIXED SYSTEM OF MIDDLE ATLANTIC AND WESTERN
STATES
1. ORIGIN OF MIXED SYSTEM IN- MIDDLE ATLANTIC
STATES.
The Middle Atlantic States, lying between the Northern
and Southern colonies, had interest both in trade, through
the growth of towns and in agriculture, since the land
was productive. There developed a mixed system (the
compromise system) of government in which town and
county shared more equally in the control of local affairs
than in North or South.
Two types. New York with the town meeting of its
Northern neighbors and a county board of supervisors
(selectmen) of the townships; Pennsylvania without town
meetings, with a board of three commissioners elected
from the county at large the townships having no repre-
sentation upon the county board are the two types which
various states have followed.
2. ORIGIN OF MIXED SYSTEM IN THE WEST.
In New England the county was formed for the con-
venience of the towns ; in the West, by government survey-
the county preceded the township, therefore it could not
lose its prominence. The early settlers who came from
North and South favored the system which seemed best to.
them, or with which they were familiar at home; hence
the same compromise as in the Middle Atlantic States, a
mixed system of town and county government.
24 OUTLINES OF CIVIL GOVERNMENT
Note* Division of duties. "When townships exist, the divi-
sion of duties may be said to be as follows : the township is the
area for the administration of schools, for relief of poor (unless
by popular vote that function is given to the county), police,
construction and maintenance of highways, sanitation ; the county
is an area for the administration of justice, for maintenance of
jails, courthouses, and sometimes poorhouses, and for tax equal-
ization,,"
Note. Supervisory powers. The county possesses the power
to create a township or change its boundaries, also true of the
Southern county system but an impossibility in the New England
township system. The county commissioners or supervisors
audit town accounts; their sanction is necessary in all questions
relating to the assessment and collection of taxes and borrowing
money by the town.
3. TOWNSHIPS.
(1) In Middle Atlantic group and Middle West.
In New York a single supervisor, who is treasurer and
general financial agent, presides over each township.
The supervisors of the various townships meet as a board
of county supervisors. There are other town officers sim-
ilar to those of New England, elected at a town meeting.
(2) In Northwest.
In Northwest the Federal Government had the land
surveyed before many settlers came. It was divided into
counties, these into areas six miles square (36 square
miles) called townships. One square mile (section, or
640 acres) was reserved for the benefit of the public
schools (survey Part III). A common interest in
the schools drew the settlers of the township together and
there grew town organizations similar to those of New
England. The selectmen bear the name of supervisors;
of course the number of other officers varies according to
the preference of the people for town or county govern-
ment.
OUTLINES OF CIVIL GOVERNMENT
RECITATION OUTLINE CHAPTER V
CITY
1. Needs.
2. Incorporation.
3. Wards.
4. City a miniature state.
(1) Legislative department of City Council.
Members.
Powers.
(2) Executive, or Administrative department.
(a) Mayor.
(b) Other officers.
(c) Political influence feared.
(d) Responsible agents.
(3) Judiciary.
(a) Grades of courts.
1. Mayor's court.
2. Superior courts of record.
3. Supreme courts.
(b) Judges.
CHAPTER V
CITY
1. NEEDS.
As a town gains in population it is inconvenient to
elect officers at a general meeting, other needs arise from
the massing of many people, sidewalks, paved streets,
water supply, drainage, sanitary precautions, lighting,
police, etc.
2. INCORPORATION.
To meet these demands a different form of government
is necessary and the town applies to the state legislature
for a charter as incorporated village, incorporated town,
borough or city. The charter in each case names the
bounds and grants certain rights and privileges. In
several states when a town reaches a certain size it may
become incorporated by complying with the conditions of
a general law which practically 'provides its form of
government. Cities vary widely in their municipal
arrangements, yet in all we find the three departments of
government.
3. WARDS.
To provide for elections and representation of each
section in its City Council, the city is divided into dis-
tricts in theory as nearly equal in population as possible.
The qualified voter casts his vote in his ward at the poll-
ing place, presided over by the ward clerk or other
officers.
OUTLINES OF CIVIL GOVERNMENT 27
4. CITY A MINIATURE STATE.
A city may be likened to a miniature state with its (1)
legislative; (2) executive (or administrative), and (3) judi-
cial departments. In its administrative department, the
mayor corresponds to the governor, some advisory boards
which he appoints to the governor's council ; in the legis-
lative, the councilors and aldermen, to the state legisla-
ture; in its judicial, the judges elected by the people,
to the state judiciary.
(1) City Council.
Members. The legislative department, or City Council,
often consists of two bodies, the councilors representing
the wards, and a smaller number of aldermen, sometimes
elected by the wards, sometimes by the vote of the whole
city (by general ticket).
Powers. Ordinances or by-laws relating to city govern-
ment, appropriation of money for necessary expenses,
granting of public franchise * to corporations, as street
railways, electric lighting companies, etc., are the meas-
ures passed by this body.
(2) Executive or administrative department.
(a) Mayor.
Mayor is chief administrative officer, elected
by direct vote of people for one, three or
five years ; he provides for the public peace,
quelling riots or disturbances by- calling
upon state militia if necessary (by applying
to the governor) ; he appoints many impor-
* Certain privileges which lead to supplying some public
wants.
28 OUTLINES OF CIVIL GOVERNMENT
tant officers, sometimes alone, sometimes
with consent of one branch of the Council.
He may veto forbid ordinances passed by
the Council but often a two-thirds vote of
each branch passes the bill over his veto.
(b) Other officers.
Other city officers, some appointed, some
elected, are police, board of education,
commissioners of fire department, of street
department, of water department, city phy-
sician, treasurer, clerk, solicitor, auditors,
assessors, collectors, etc.*
(c) Political influence feared.
In most cities the department of education has
no connection with the city government; an
effort is also made to keep the control of
police appointment out of the hands of city
politicians.
(d) Responsible agents, few elective officers, the
"Federal plan."
There is a growing tendency to lessen the
number of elective officers (a "Short Bal-
lot") and to give the mayor a large share
in appointing heads of departments that
they m.ay be directly responsible to him,
that he in turn may be held answerable to
the people for the good government of the
* For a fuller account of the work a city does through various
boards or commissions, see Outlines for pupil's notebook, pp.
30-40. Also use as supplementary reading Willard's "City Gov-
ernment for Young People."
OUTLINES OF CIVIL GOVERNMENT 29
city. There has been so much waste and
corruption in city councils and large boards,
where the blame may be fixed on no one,
that people have come to distrust them.*
(3) City Judiciary (See State Judiciary, Part II, p. 57).
(a) Grades of courts. Some cities, as Baltimore,
have the three grades found in state courts.
1. Mayor's court which corresponds to
the justice's court in township.
2. Superior courts, or courts of record.
3. Supreme courts.
(b) Judges.
Judges are usually elected by the people, the
qualifications, term and salary determined
by the customs of the state.
* Boston has a new charter which puts in force the plan of
electing few officers and holding them strictly responsible for
good government. There is a mayor and council of nine coun-
cilmen. At the end of two years the mayor may be tl recalled/ '
if unsatisfactory, by a majority vote. Candidates for office
receive a direct nomination by the signature of 5,000 voters.
SO OUTLINES OF CIVIL GOVERNMENT
OUTLINE FOR PUPILS' NOTEBOOKS
TOWNSHIP, INCORPORATED TOWN
HISTORICAL OUTLINE
Towns of our Germanic and English ancestors (Green's
" History of English People," Ch. I).
Origin of New England towns (Bryce's " Common-
wealth," Vol. I., p. 589).
Our own town :
f Time.
Settlement < First settlers.
( Early government.
Growth.
Industries.
Town (or city) in the wars.
City (same as under township).
POLITICAL OUTLINE TOWNSHIP
I. Township in corporate capacity.
If incorporated, date, privileges.
Property, purchase, sale, care.
II. Elections.
1. Caucus or primary.
How called.
Presiding officer.
What was done?
Who prepares ballots ?
Note By use of this outline, write description of conditions in
your town. For historical sketch refer to early town records in the
care of the town clerk, or to local histories ; the records give many
quaint glimpses of the past if one has patience to follow them.
OUTLINES OF CIVIL GOVERNMENT 31
2. Registration of voters.
Officers in charge.
Time.
Qualifications of male voters.
Qualifications of female voters ( ?)
3 . Warrant .
Quote two articles of warrant.
Officers who prepare it.
Officers who make it public.
How made public?
How long before election?
4. Town Meeting.
Opening.
Moderator.
Measures.
Officers in charge of balloting.
Voting.
System used.
j
'1 Get a sample.
Process of voting.
Challenging votes.
Canvassing votes.
Officers who count.
Time, place.
Recount.
Election by majority.
Election by plurality.
Votes for county officers (?)
, How printed?
Ballots or tickets/
32 OUTLINES OF CIVIL GOVERNMENT
Votes for state officers (?)
Hold a town meeting.
Why a democracy?
III. Town officers.
1. Selectmen (Supervisors, Trustees, etc.).
2. Treasurer.
3. Clerk.
4. Auditor.
5. Road Commissioner or overseer (under).
Care of Roads.
(a) Township one district with
One overseer or commissioner.
Board of commissioners.
(b) Township divided into districts.
Overseer for each district.
f by money.
Payment of tax j . J
( by work.
Importance of good roads.
Suggestion for improvement.
6. Assessors of Taxes ) *.
^^.n r m r under Taxation.
7. Collectors of Taxes )
TAXATION
Needs of taxation.
1. (Support of what?)
2.
Town 3.
4.
5.
6.
OUTLINES OF CIVIL GOVERNMENT
1. (Support of what?)
2.
County 3.
4.
5.
1. (Support of what?)
2.
State 3.
4.
5.
6.
Kinds of taxes.
Direct.
( Real estate.
Resources < Personal property.
I Poll tax.
Indirect, licenses, fines.
Exemptions
Assessment
Collection
f Who makes exemptions ?
1 Reasons for exemptions.
Assessors.
Time.
Method of assessment.
Rate, how found?
Find a persons tax.
I Get a tax bill.
Collectors.
Time (discount? interest?)
Describe a tax sale, tax deed.
How may such property be
redeemed?
Tax "dodging/'
Who collects licenses ? fines ?
34 OUTLINES OF CIVIL GOVERNMENT
8. Overseer of poor (under).
Aid to Poor and Unfortunate.
Overseer of poor duties.
Who is entitled to aid?
How are others provided for?
What relatives must give aid?
Partial aid.
Support by town
At town farm or almshouse.
At county farm.
Board paid elsewhere.
Separation of classes.
Young, old, insane, etc.
Care of insane
At town or county farm.
At state asylum.
Reform schools.
Location.
Object.
Support.
Homes for feeble minded, blind, old people.
Federal aid.
Soldiers' homes.
Sailors' homes.
Hospitals, other institutions, public, private.
9. School committee or board of education.
(Under Schools.)
SCHOOLS
Township system.
District system.
Support, town tax, other funds.
OUTLINES OF CIVIL GOVERNMENT 35
Board of Education (Committee, Supervisors).
Number, how elected, term.
Work.
Supervising schools.
Care of property.
Supplies furnished (?)
Superintendent, election, duties.
County Superintendent (?)
Election, duties.
State Superintendent.
Election, term, duties.
State Institutions.
How supported?
State Normal Schools.
Location, object.
State Agricultural College.
Location, object.
Experiment station connected (?)
(Supported by United States Government.)
State University.
Location, object.
Federal Schools.
For Indians.
At military posts.
Military academy.
Naval academy.
Signal service.
Deaf, dumb, blind.
10. Constable, duties, differ from police how?
11. Other officers, boards or commissions.
36 OUTLINES OF CIVIL GOVERNMENT
IV. Administration of Justice.
Justice of Peace,
Commission,
Duties.
Cases tried (ex) .
Cases appealed (ex).
POLITICAL OUTLINE CITY
I. City as a corporation.
f When granted ?
By general or special law?
Charter ^ J . te
Privileges.
I Municipal home rule ( ?)
Property, purchase, sale, care.
Wards, number, purpose.
II. Elections.
1. (Same as under township.) Direct primary (?)
2. (Same as under township.)
3. (Same as under township.)
4. Polling places.
Officers in charge.
Measures.
(Same as under township.)
Voting (same as under township).
Canvassing votes (same as under township).
Bond or charter elections.
64 Initiative," "Referendum/' "Recall."
OUTLINES OF CIVIL GOVERNMENT 37
III. Legislative department or
( Aldermen.
1. Common Council -< ~
(. Councilors.
Number.
Election.
Term.
I Ordinances.
J Raising money.
I Spending money.
[ Franchises.
IV. Executive Department.
1. Mayor.
Election.
Term.
Responsible head.
Appointive power.
Duties 4 __**
Message.
Veto.
2. Officers of Commissions to carry on work of city.
(a) Financial work.
Auditor or controller (to estimate city expense) .
Treasurer.
Clerk.
Attorney.
Assessors )
~ lt Y under Taxation.
Collectors )
TAXATION
(Same as under township.)
City's debt, bonds. Sinking fund.
(b) Aid to Poor and Unfortunate.
(Same as under township.)
(c) Educational work.
38 OUTLINES OF CIVIL GOVERNMENT
SCHOOLS
(Same as under township.)
(d) Protection.
-r-,. , f Commission (?)
Fire department _. ,-x
,. i j Election (?)
Police department ^
Building Inspector
Control of saloons
Appointment (?)
Public peace.
Laws enforced.
Board of health.
Sanitary regulations.
(e) Recreation.
Commissioners of
Parks,
Playgrounds, etc.
(f) Public Works. *
Commissioner.
City Engineer.
Care of streets.
Cleaning.
o
Paving, etc.
Sewers, other piping.
Poles and wires.
Construction of city buildings, etc.
(g) Public Utilities.
Boards or commission if operated by city.
Usually carried on by a corporation or
company.
Waterworks.
Street lighting.
Docks, ferries.
Markets.
Street railways,
(h) Other officers or boards.
OUTLINES OF CIVIL GOVERNMENT 39
V. Administration of Justice
Grades of courts.
1. Police court; probation court (?)
2. Court of record (?)
3. Supreme court (?)
Judges, term, election.
OUTLINE FOR PUPILS' NOTEBOOKS
THE COUNTY
HISTORICAL OUTLINE
Development of old English County.
Clan or u gathering of the host."
Hundred, "moot," "reeve," " hue-and-cry."
Shire, shire-reeve or sheriff.
Norman county, u crowner" or coroner.
Trial by ordeal, by battle, by " recognitors " or jury.
Origin of Southern county system.
(Bryce's "American Commonwealth," Vol. I, p. 590.)
Origin of mixed system as in Middle Atlantic and Western
States (as above, p. 593).
Our county.
Type, New England ? Southern ? Western ?
Early history.
Area and shape.
Shire town.
Property.
40 OUTLINES OF CIVIL GOVERNMENT
POLITICAL OUTLINE
County.
Its officers.
Commissioners.
Treasurer.
Auditor.
Clerk.
Sheriff.
Other officers.
Courts (second grade, called district, circuit or county
court) .
Court officers.
Judges, clerk, register of deeds, of probate, attorney,
etc.
PART II
STATE AND TERRITORIAL GOVERNMENT
OUTLINES OF CIVIL GOVERNMENT 43
RECITATION OUTLINE CHAPTER VI
THE STATE : CONSTITUTION ; POWERS
I. Constitution.
1. Described.
2. How framed.
3. Amendment.
II. Relation of state to local government compared with
that of Federal to state government.
( Republican government.
III. Guarantee to the state \ _ . . *
4 Invasion (79).
(Optional) / _ _y : '
V Insurrection.
IV. Powers denied the states. (Optional.)
1. Relation between states.
Treaty, alliance, confederation (52).
Agreement or compact (54).
Tonnage (54).
Duties on exports (53).
Duties on imports (53).
Conditions (three) (53).
2. Commerce
Coin money.
Bills of credit (52).
Legal tender (52).
Obligations of contract.
3. Titles (52).
4. Penalties, Attainder, ex-post-facto laws (52).
44 OUTLINES OF CIVIL GOVERNMENT
5. War
Troops, ships (54).
Engage in war (54).
Letters of marque or reprisal (52 )
Debts for rebellion (103).
6. Slavery (98).
7. Regarding citizens.
Voting (105).
Equal protection of laws to all (100).,
V. What the state does.
1. Eminent domain.
2. Police power.
3. Suffrage.
(1) Limitations.
(2) QualificationSo
(3) Naturalization.
CHAPTER VI
THE STATE : CONSTITUTION ; POWERS
I. CONSTITUTION
1. Described.
A state constitution is a document by which the people
establish a republican form of government. It must not
conflict with the Constitution, laws or treaties of the
United States. It contains a "bill of rights,"* which
reaffirms some of the provisions of the Federal Constitu-
tion; it provides for three separate departments of gov-
ernment: legislative to make the laws, executive to
administer, and judicial to interpret them; it determines
the qualifications for voting (right of elective franchise or
suffrage) ; and provides for local self-government. Some-
times it limits the state legislature by itself containing
laws upon such subjects as duelling, gambling, lotteries,
etc.
2. How framed.
The thirteen original states generally used their charters
as models. f A constitutional convention of delegates
elected by the people, in most cases not only framed the
constitution but adopted it ; in others the people ratified it. J
* See Bill of Rights under Federal Constitution. (85-95.)
t Connecticut used her charter for a constitution till 1818;
Rhode Island until 1842, with few changes.
J For present framing of a state constitution see, How a terri-
tory becomes a state, Part II, p. 67.
46 OUTLINES OF CIVIL GOVERNMENT
3. Amendment.
Methods of amendment vary in the different states.
Usually the legislature * proposes the amendment, but in
every state (save Delaware) the suggested change is
accepted or rejected by the vote of the people. The diffi-
culty of rousing the necessary number of people to see the
need of change prevents too frequent amendment.
II. RELATION OF STATE TO LOCAL GOVERNMENT
COMPARED WITH THAT OF FEDERAL TO
STATE GOVERNMENT
When a free people unite to form a state they give to
the state full sovereignty or right to rule. Thereafter
local governments exercise powers of local self-govern-
ment granted by the state; they have no sovereignty in
themselves. Briefly stated, then, local governments pos-
sess granted or delegated powers, while the state retains
those remaining powers not delegated.
The Federal Government was also founded by the
people, f 'The Constitution of the United States was
ordained and established, not by the states in their sov-
ereign capacity, but emphatically, as the preamble of the
Constitution declares, 'by the people of the United
States'* (Supreme Court). Yet in its dealings the
Federal Government has to do with sovereign states, not
governments which derive their power from it, as do local
governments from the state. The United States Govern-
ment possesses certain powers granted by the Constitution,
as control of the army and navy, right to make war, to
* In some states the amendment must pass each house by a
majority vote, in others by a two-thirds- or two-fifths vote.
OUTLINES OF CIVIL GOVERNMENT 47
regulate commerce, etc. (What Federal Government Does,
Part III, p. 79), while the states retain remaining powers
not given to the Federal Government and not forbidden
the state,* as provisions for education, marriage prop-
erty, etc. (What the state does.) This is just the
reverse, we see, of what is true in state and local govern-
ment.
III. GUARANTEE TO THE STATE
(Optional, see recitation outline)
IV. POWERS DENIED THE STATES
(Optional, see recitation outline)
V. WHAT THE STATE DOES
While the Federal Government does those things which
a state could not well do, as coining money, regulating
commerce, making war,^the state makes, enforces, and
tries cases violating those laws relating to the everyday
affairs of life, as education, marriage, divorce, religious
and property rights, legal rights of citizens, of relatives,
of employer and employee, partnership, insurance and
both public f and private J corporations.
Under this general control several specific powers will
be described.
* 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 (94).
t As a city.
J As a railway.
48 OUTLINES OF CIVIL GOVERNMENT
1. Eminent domain.
As kings of old had control of the land, so the state has
the first right to its territory when needed for the public
good. A state (also county or town) may take the prop-
erty of an individual for public use as for a highway,
railway or location of a public building whether the
individual consents or not, by the payment of a suitable
sum.
2. Police power.
The state must regulate certain rights which affect the
people in common, and control the individual and his
property when opposed to the interests of all; examples:
quarantine regulations, inspection of food supplies
brought into a state, regulations concerning the health of
a city as cleanliness, water supply, sewerage regulation
of the charges of transportation companies street rail-
ways, cabs, hacks, etc. factory and tenement house in-
spection, etc.
3. Suffrage.
(1) Limitations. It is left to the state to make the con-
ditions of voting with one exception: the XVth article
of the Constitution forbids a state to exclude a voter ( 'on
account of race, color, or previous condition of servitude."
Article XIV (101), before this aimed to cut down the
basis of representation in those states which refused the
right of suffrage to all citizens not excluded for crime or
taking part in rebellion.*
(2) Qualifications. Most states give the right of voting
to male citizens twenty-one years of age, who are not
* Never practically enforced.
OUTLINES OF CIVIL GOVERNMENT 49
paupers, idiots, lunatics, or criminals. Some states ex-
clude Indians not taxed, United States soldiers or marines,
most states require a certain length of residence previous
to election. Conditions vary widely in different states.
Woman suffrage: Colorado, Idaho, Utah and Wyoming
admit women to the franchise on equal terms with men,
Kansas on municipal questions, many other states on
school questions.
(3) Naturalization. The Federal Government provides
for uniform laws of naturalization, but the state decides
when an alien may vote; some states permit him to vote
two years before he receives his final papers, when he
"declares his intention. " Process: (1) Declaring his in-
tention. The alien wishing to become a citizen takes
oath before a court of law that it is his intention to
become a citizen of United States and to renounce alle-
giance to any other country. This must be two years
before the final papers are given. (2) Final steps. Two
years later he proves to the court a previous residence in
the country of five years, a residence in that state or terri-
tory of one year, renounces his allegiance to any other
country, gives up his title of nobility if he has one, and
receives in return American citizenship with all its privi-
leges save one, he can never be President of the United
States. The law regards his minor children as citizens
when they become of age.
50 OUTLINES OF CIVIL GOVERNMENT
RECITATION OUTLINE CHAPTER VII
THE STATE : LEGISLATIVE DEPARTMENT ; EXECUTIVE
DEPARTMENT
VI. LEGISLATIVE DEPARTMENT
1. Scope of law making.
2. General and special legislation.
3. Houses.
4. Election of members.
5. Sessions terms.
6. Qualifications of members.
7. Houses equal in legislation.
VII. EXECUTIVE DEPARTMENT
1. Governor.
(1) How elected, term.
(2) Qualifications,,
(3) Work.
(a) Pardons or reprieves.
(b) Militia.
(c) Message.
(d) Veto.
(e) Execution of laws.
2. Other officers and boards.
(1) Lieutenant Governor.
(2) Council, staff.
(3) Secretary.
(4) Treasurer.
(5) Auditor.
(6) Attorney-general.
(7) Superintendent of Education.
(8) Other officers and boards*
(9) Elected or appointed.
CHAPTER VII
THE STATE (continued) : LEGISLATIVE DEPARTMENT ;
EXECUTIVE DEPARTMENT
VI. LEGISLATIVE DEPARTMENT
1. Scope of law making.
As we have seen the legislature is limited (1) by Con-
stitution, laws and treaties of the United States; (2) by
provisions of the state constitution. There is left to it
legislation upon such subjects as are named in "What the
state does." (Part II, p. 47.)
2. General and special legislation.
There is, first, law making on general subjects as sanita-
tion, schools, temperance, etc. ; second, special or private
legislation applying to a particular case, as chartering a
railway, changing a person's name, etc. Many state con-
stitutions limit special legislation.*
3. Houses.
In each state the legislature consists of two houses, a
lower House of Representatives f and upper Senate of
fewer members.
4. Election of members.
Members of each house are elected by direct vote of the
people, one for a certain number of people, but the sen-
ators from a larger district than the representatives.
Thus, a senatorial district sends but one senator but may
*Why?
t Not called House of Representatives in all states; called
House of Delegates in Virginia, General Assembly in New Jersey.
52 OUTLINES OF CIVIL GOVERNMENT
send numerous representatives. In some of the New
England States the representatives are sent by towns, the
senators by towns united into senatorial districts.
5. Sessions terms.
In most states the session is biennial once in two years
unless a special session is called by the governor.
Length of session is often limited to sixty or ninety days.
Term: Representatives are elected for the two years,
although ordinarily attending but one session, senators
often for four. (Varies in different states.)
6. Qualifications vary.
Generally members must be of a certain age, citizens,
also residents of the state.
7. Equal in legislation.
In many states the two houses are co-ordinate in legisla-
tion; in some states bills for raising money by taxation
must originate in the lower house; the Senate ratifies
some of the governor's appointments.
Vll. EXECUTIVE DEPARTMENT
1. Governor.
(1) How elected, term. The governor, who is at the
head of the executive department, is elected by direct vote
of the people for a term of one to four years.
(2) Qualifications. In each state the candidate must
have an age qualification, must have been a citizen a cer-
tain period, as from two to twenty years, with a previous
residence in the state as from one to ten years.
(3) Work of governor.
(a) The governor has power to pardon, delay or
lessen sentence pronounced on criminals.
OUTLINES OF CIVIL GOVERNMENT 53
(b) He commands the state militia, calling it
forth in case of any disturbance in the state ;
or at the command of the President, sends
it to aid the United States. The governor
then has no more control of it till it is
mustered out of United States service.
(c) The governor may send messages to the legis-
lature recommending measures, but he has
no power to carry them through save by
his personal influence.
(d) He may veto* a bill passed by the legisla-
ture, unless a certain majority pass it over
his veto. In a few states he may veto one
or more items which he considers harmful
while passing the remainder of the bill.f
In other states he must either accept or re-
ject the bill as a whole.
(e) He executes the laws, that is, sees to their
enforcement.
2. Other officers and boards.
(1) Lieutenant Governor (in some states). Lieutenant
governor takes place of governor if need be ; he often
presides over the Senate.
(2) Council, Staff. A few of the older states have a
council to advise with the governor; others have a staff
which serves as the governor's escort on public occasions.
(3) Every state has a Secretary who keeps an account of
all state transactions, and a
* Save in Rhode Island, North Carolina and Ohio.
tWhy of benefit? See "Riders."
54 OUTLINES OF CIVIL GOVERNMENT
(4) Treasurer who receives and pays out its money.
(5) Auditor. Most states have an auditor, or controller,
who examines and verifies accounts and gives orders to the
treasurer to pay the state's bills.
(6) Attorney-general. The attorney-general gives ad-
vice to the governor and other state officers on questions
of law; prosecutes for the state in graver criminal cases.
He also has some direction of the district (county)
attorneys.
(7) Superintendent of education supervises state schools,
making the system uniform as far as possible ; he prepares
examinations for teachers, holds institutes and vacation
schools for their benefit; he advises teachers and superin-
tendents who wish to consult him upon questions of school
law; he makes reports upon the schools, to the legislature,
suggesting needed reforms.
(8) Other official boards. There are various other
officers and boards as: superintendent of prisons, of
labor, boards of health, charity, lunacy, commissioners of
railways, harbors, mines, immigration, etc.
(9) Elected or appointed. The chief administrative
officers are usually elected by popular vote for a term as
long or longer than the governor's; others are appointed.
OUTLINES OF CIVIL GOVERNMENT 55
RECITATION OUTLINE CHAPTER VIII
THE STATE : JUDICIAL DEPARTMENT
VIII. STATE JUDICIARY
1. Three grades of courts.
2. Independence of state courts.
3. Scope.
4. Removals. (Optional. See Part IV, 68.)
5. Appeals. (Optional. See Part IV, 68.)
6. Kinds of business coming before state courts.
(1) Civil suits.
(2) Criminal suits.
(3) Probate business or suits.
7. Judges.
(1) How elected.
(2) Term.
(3) Qualifications.
8. Jury system.
9. Grades of courts (see paragraph 1).
(1) Local courts.
Justice's court.
Mayor's or police court.
(2) Superior courts of record.
Differ from inferior courts.
Some forms of courts of record.
(a) County or municipal courts.
(b) District or circuit courts.
(c) Probate courts.
56 OUTLINES OF CIVIL GOVERNMENT
(3) Supreme court.
(a) Described.
(b) Clerk.
(c) Reporter.
Procedure (Optional) in a criminal case.
Complaint.
i Warrant, arrest, examination.
Bail or writ of habeas corpus.
Indictment.
Trial:
Jury selected.
Witnesses.
Arguments.
Charge to jury.
Verdict.
Sentence.
Appeal.
CHAPTER VIII
THE STATE : JUDICIAL DEPARTMENT
VIII. STATE JUDICIARY
1. Three grades of courts.
Every state has at least three grades of courts: (1) local
courts, (2) superior courts of record, (3) supreme court,
or court of appeals. The first and third grade of one state
correspond with the first and third of another, but there
are numerous forms of the second, the courts of record.
2. Independence of state courts.
Each state has its complete judicial system with right
of appeal from lowest to highest court. Decisions made
by one state court are not binding upon those of any other
state, but they are usually followed.
3. Scope.
State courts try cases arising under state laws; the
Federal Government makes provision for the removal and
appeal of certain cases to the Federal courts.
4. Removal. (Optional. See Recitation Outline.)
5. Appeal. (Optional. See Recitation Outline.)
6. Kinds of business coming before state courts.
(1) Civil suits are those which arise from attempt to
enforce a broken contract or to secure damages for it.
Subjects leading to these suits are property, marriage,
divorce, etc. The plaintiff brings the suit, the defendant
is the one against whom suit is brought.
58 OUTLINES OF CIVIL GOVERNMENT
(2) Criminal suits arise from crimes which endanger
public welfare, as theft, burglary, arson, murder, etc.
The state, represented by attorney-general or district
attorney (according to the custom of the state) always
prosecutes the defendant there is no individual plaintiff.
(3) Probate business relates to the settlement of estates
of the deceased. If there is a will it is proved before the
probate court, its provisions are carried out under pro-
bate guidance; if not, an administrator under bonds is
appointed to settle the estate. Both executor of will and
administrator must give an account of their trust to the
heirs before the court (judge). It also provides for the
guardianship of minors and those incapable of directing
their own business affairs.
7. Judges.
(1) How elected. In most states judges are elected by
popular vote; those of local and superior courts by the
people of that town, city, county or district over w r hich
the judge presides; those of the supreme court by the
voters throughout the state. In other states the legislature
elects, or the governor nominates and the senate appoints
the judges.
(2) Term. Their term varies from two years to a term
for life on condition of good behavior.
(3) Qualifications. Generally there is an age, citizen-
ship and residence requirement. It is left to the citizens
to determine the fitness of the candidate through reason of
his learning and ability.
8. Jury system.
State law provides the method of selecting men for the
grand jury, which decides whether a man shall be tried or
OUTLINES OF CIVIL GOVERNMENT 59
dismissed, and a petit jury, before which the trial takes
place. Usually some official selects a list of names by lot
from the citizens of town, city or county. The men
selected present themselves at that session of court for
which they were drawn. (See Indictment and Petit Jury,
Part II, p. 61.)
9. Grades of courts (paragraph 1).
(1) Local courts. The courts of the justice of the peace
in the country, the mayor's or police court of the city,
try petty crimes (offences) and civil suits for small sums,
without a jury. If a crime is committed beyond the
jurisdiction* of these courts the justice or judge may
arrest, examine, and, on sufficient evidence, send the
accused to jail, to await trial by a higher court.
(2) Superior court of record. Differ from inferior
courts. Superior courts differ from inferior courts in that
there is a record made by clerk of court (see Part I, p. 18)
of decisions reached in all cases; second, trial of criminal
cases and such civil suits as the parties wish is before a
jury. Some forms of courts of record.
(a) County or municipal courts. The lowest
grade of superior courts is the county court and
what corresponds to it when a city possesses all the
grades of courts found in the state the municipal
courts, which try cases appealed from local courts
(have appellate jurisdiction), or have the right of
first trial (original jurisdiction) in more serious civil
and criminal cases.
* Right of judgment.
60 OUTLINES OF CIVIL GOVERNMENT
(b) District or circuit courts administer justice
over a larger area than county and municipal courts.
The judges usually move from one district or circuit
to another, but the court officers are those of the
county. These courts have original and appellate
jurisdiction over civil and criminal cases and in
some states act as probate and equity courts.
(c) Probate court. Most states maintain separate
probate courts presided over by a probate judge,
with no jury; usually no suits arise from the settle-
ment of estates, matters of guardianship, etc.
Note. Other courts. Courts of sessions, of equity or chan-
cery, of oyer and terminer, other courts with special work and
various names are found in different states.
(3) Supreme court. (a) Described. The supreme
court of a state consists of its chief justice and associate
justices who hear cases appealed from lower courts, and
sustain or reverse those decisions. They do not retry but
carefully go over the record of the case and make written
decisions whether the law was properly interpreted and
applied. The opinion of the majority decides; their
decision is binding on the lower courts of that state.
(b) Clerk of supreme court records these decisions.
(c) Reporter prepares these decisions for publication and
sends them through the state for use of lawyers and judges
of the lower courts.
Note. New York has a court of appeals higher than its
supreme court, to which some cases passed upon by the supreme
court may be appealed. A few other states have similar courts.
Procedure in criminal cases. (Optional.)
Complaint. Usually complaint is made before a justice
OUTLINES OF CIVIL GOVERNMENT 61
of the peace by some interested person against the sus.-
pected criminal.
Warrant and preliminary examination. The justice
issues a warrant of arrest to constable or sheriff, examines
the arrested party, and commits him to jail if there seems
sufficient ground.
Bail/ writ of habeas corpus. Unless the crime is very
serious the prisoner may be liberated till his trial by the
promise of his bondsmen to pay a sum named by the jus-
tice, if the accused should fail to appear at the trial. If
the prisoner is unable to obtain bail,, he, or some one in
his behalf, may apply for a writ of habeas corpus which
insures him a hearing before the court. The judge
decides whether or not there is sufficient evidence for a
trial and the prisoner is released or sent back to jail to
await the court's session.
Indictment. The prosecuting attorney (state or district)
gives an indictment, or written charge of the crime to the
grand jury (twelve to twenty-three in number). The
jurors call witnesses against the accused, and if there is
-evidence to warrant a trial they return the bill, with the
words a "true bill." The case then comes to trial;
otherwise it is dismissed.
Arraignment, The prisoner is brought before the
court, the indictment read to him, and he answers to the
charge "guilty" or "not guilty"; if the former, he is
sentenced without trial, if the latter, the trial proceeds.
Trial.
Petit Jury. The clerk of court selects twelve men from
the jurymen sent by the towns. They may be questioned
and rejected if they do not fulfill the conditions prescribed
62 OUTLINES OF CIVIL GOVERNMENT
by law.* Both counsels (lawyers for and against the
accused) may also reject a certain number without giving
a reason. When the twelve are found they swear to decide
according to the testimony of the witnesses, and to the law
explained by the judge.
Witnesses for both sides are called subject to cross
examination by counsel of the opposing side. The state
usually introduces its testimony first, then after that of the
accused, may put on more evidence in rebuttal, f The
accused need not testify against himself (89) ; the state
furnishes him with counsel if he is too poor to pay (90).
Arguments. At the close, each counsel makes his plea
to judge and jury summing up the case.
Charge. The judge instructs the jury upon any points
of law not clear.
Verdi etc Jurymen usually retire to a separate room to
deliberate. On their return the foreman gives the verdict
that is, their decision whether the prisoner is guilty or
not; if guilty, the degree of his crime. Every member
must agree before the verdict can be pronounced. If they
fail to agree there maybe another trial; if they unani-
mously pronounce "not guilty" the defendant shall never
be tried for that crime again (89).
Sentence. The jury having determined the degree of
guilt of the accused, the judge pronounces sentence.
Appeal. If there is doubt as to lawfulness of the trial
the defendant may appeal to the supreme court.
*What are the conditions in your state?
t Define.
OUTLINES OF CIVIL GOVERNMENT 63
RECITATION OUTLINE CHAPTER IX
TERRITORIAL GOVERNMENT
1. Constitutional provisions.
2. Territory acquired.
3. Unorganized, organized territories.
4. Federal control.
5. Delegate to Congress.
6. Departments.
(1) Legislative.
Council.
House of Representatives.
Term.
Session.
Salary.
(2) Executive.
(3) Judicial.
Three grades of courts.
Court officers.
7. Local governments.
8. How a territory becomes a state. (Note.)
Two ways.
CHAPTER IX
TERRITORIAL GOVERNMENT
1. Constitutional provisions.
The Constitution makes few provisions relating to terri-
tory. " 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" (78). The government from time to time has
acquired land which has been admitted to statehood when
population increased,; but there is nothing in the Consti-
tution to prevent holding it permanently as a dependency
if the people, through their representatives in Congress,
so will.
2. Territory acquired.
The United States has acquired vast tracts of land.
Note :
Northwest territory, ceded by several states in 1787.
Louisiana, purchased from France, 1803.
Florida, purchased from Spain, 1819.
Texas, annexed from Mexico, 1845.
California and Mesilla Valley by conquest and purchase
from Mexico, 1848-53.
Oregon, by discovery and settlement and by treaty with
England, 1846.
Alaska purchased from Russia, 1867.
Hawaii, annexed in 1898.
Porto Rico, ceded by Spain, 1898.
Philippines transferred by Spain, 1898.
OUTLINES OF CIVIL GOVERNMENT 65
Guam.
Tutuila.
Isle of Pines.
Canal Zone in Panama.
The District of Columbia has always been under exclu-
sive control of Congress ; also all arsenals, forts, Federal
buildings situated in states, etc. (42).
3. Unorganized, organized territories.
We may divide territorial government into two stages:
(a) The less highly organized territories, as Alaska,
Guam, are governed by commissioners or officers ap-
pointed by President and Congress. The next step gives
the territory a local law-making body together with the
commission, as in the Philippines, (b) The fully organ-
ized territories, as Hawaii, Arizona,* and New Mexico*
are described in the remainder of this chapter.
4. Federal control.
While a territorial government is similar in plan to that
of a state it differs in that territorial laws are subject to
approval by Congress; its expenses are paid from the
United States Treasury, and its important officers are
appointed by the President. It has no vote in the election
of a President.
5. Delegate to Congress.
A delegate elected by the voters throughout the terri-
tory is sent to the House of Representatives to look after
territorial interests in the National legislature; he may
bring in a bill, he may take part in debate, but he cannot
vote.
* Asking admission as states (1910),
66 OUTLINES OF CIVIL GOVERNMENT
6. Departments.
As in a state there are usually three departments of
government, although in the early organization of a terri-
tory its legislative department is lacking as in Alaska.
(1) Legislature.
Council. The legislature consists of a council of twelve
members elected by voters of twelve councilor districts
as nearly equal in population as possible into which the
territory is divided; a House of Representatives of twenty-
four members elected by the voters of the twenty-four repre-
sentative districts into which the territory is divided.
Term: Session. The members are elected for a term
of two years, although ordinarily there is but one session
limited to 60 days in that time.
Work The legislature makes such laws as relate to its
territorial government and interests, but its laws are sub-
ject to the approval of Congress without which they are
void.
(2) Executive.*
The Governor, subject to removal by the President,
performs duties similar to those of a state governor; he
may pardon or reprieve until the decision of the President
can be made known ; he may veto laws passed by the
legislature unless a two-thirds majority pass it over his
veto; he commands the militia; he sees that the laws are
executed.
The Secretary* not only keeps the territorial records
but sends a report both to the President and Congress of
the laws passed by the legislature and of the official acts
of the executive.
* The President with consent of Senate appoints these officers.
OUTLINES OF CIVIL GOVERNMENT 67
(3) Judiciary.*
A territory has three grades of courts: first grade, jus-
tice's court, conducted by a justice of the peace elected by
the people of a small area ; second, court of record three
(at least) district courts each presided over by one of the
three judges of the supreme court, with its clerk appointed
by the judge; third, a supreme court, which consists of a
chief justice and two associate justices holding at least an
annual -session at the seat of government.
Court officers. The district attorney acts for the terri-
tory as does the attorney general for the state ; the marshal
is the territorial sheriff preserving order and carrying out
sentence of the courts ; clerks for the supreme court and
courts of record perform the same duties as those in the
states.
7. Local government.
Local government is carried on by township or county,
as territorial law provides.
Note :
8. How a territory becomes a state.
New states may be admitted to the Union, although they
cannot be formed within a state or by the junction of two
states without the consent of the legislatures as well as
Congress (77).
Two ways of admission. There are two ways which a
territory may enter statehood, although in both cases
Congress must approve the Constitution, name the state
and define its boundaries.
(1) The voters of a territory elect delegates to a consti-
* The President with consent of Senate appoints these officers.
68 OUTLINES OF CIVIL GOVERNMENT
tutional convention which frames a state constitution. If
the people vote to accept it, the legislature petitions Con-
gress, through its delegate, to approve the constitution
and admit the territory as a state. If Congress approves,
it passes an enabling act by which the territory becomes a
state.
(2) Congress passes an enabling act before the territory
frames its constitution, when nearly the same steps are
taken.
OUTLINE FOR PUPILS' NOTEBOOKS
THE STATE
HISTORICAL OUTLINE
Early settlement.
Time.
Place.
By whom?
Reasons for settlement.
Right to settle, purchase, charter, treaty, etc.
Early forms of government (if one of thirteen original
states).
f Charter.
Before Revolution < Proprietary.
V. Royal Province.
During Revolution.
A State.
Adoption of constitution.
Ratification of Federal Constitution.
Admission by Congress (if not one of the thirteen).
OUTLINES OF CIVIL GOVERNMENT 69
POLITICAL OUTLINE
Constitution.
"Bill of Rights."
Special laws in constitution.
Provisions for education, charitable or penal institu-
tions, etc.
Powers of State.
Eminent domain.
Pol'ice power.
Suffrage, limitations, qualifications, naturalization.
Law-making (upon subjects relating to everyday life).
Special laws relating to care of criminal or defective
classes, corporations, .cities, etc.
Powers denied the State ) ^ , , ^ ^^ ^
} By Federal Constitution.
Guarantee to States J
c<u u T ' *.- iv/r-v,.- ( State control,
otate Institutions: Militia 4
( Federal control.
Others.
Legislative department: name.
House of Representatives (other name?).
Senate.
Number of members; how elected, qualifications.
Passage of a bill.
Executive department:
Governor, duties, qualifications, how elected.
Staff (?)
Council (?)
Lieutenant Governor (?)
Secretary.
70 OUTLINES OF CIVIL GOVERNMENT
Treasurer.
Auditor (comptroller).
State Superintendent of Education.
Other officers, boards or commissioners.
Judicial department.
Three grades of courts ; appeal.
1. Justices or mayor's court (under township).
2. Court of Record, called district, circuit or county.
Differs from lower court.
Area.
Cases tried, -civil, criminal, probate, equity.
Procedure in a criminal case.
Court officers (name)..
3. Supreme Court.
Decisions binding on State courts.
Bench, number of justices, election, term.
.Original jurisdiction (?)
Appellate jurisdiction example.
Court officers.
TERRITORIAL GOVERNMENT
Territory acquired.
Northwest territory.
Ordinance 1787.
Louisiana.
Florida.
Texas.
California.
Oregon.
Alaska, Government.
OUTLINES OF CIVIL GOVERNMENT
71
Form of government.
Hawaii
Porto Rico
Guam
Philippines
Tutuila
Government of Indian Territory.
Government of Indian Reservation.
Isle of Pines.
Panama Canal Zone.
What shall be our colonial policy?
TART III
FEDERAL GOVERNMENT
OUTLINES OF CIVIL GOVERNMENT 75
RECITATION OUTLINE CHAPTER X
( UNITED STATES GOVERNMENT
CONSTITUTION : POWERS OF FEDERAL GOVERNMENT
I. CONSTITUTION
1. Objects.
2. Described.
3. How framed.
4. Adoption.
5. Amendment.
6. "Bill of Rights" and other amendments.
(Optional.)
(1) Personal rights.
Life, liberty (89); warrant (88); indictment
(88).
Trial (90): speedy; public; jury; district.
Criminal trial: accusation, witnesses, etc. (90);
testimony of accused (89) ; punishment (92) ;
second trial (89).
Religion (83, 85); speech and press (85); peti-
tion (85).
(2) Property rights.
Civil suits: trial by jury (91) ; retrial (91) ; arms^
(86) ; search or seizure (88) ; soldiery (87) ;
eminent domain and police power (89).
(3) Common to all states (73, 100).
(4) Rights not enumerated "(93).
7. Oath to support the Constitution,
76 OUTLINES OF CIVIL GOVERNMENT
II. RELATION OF FEDERAL TO STATE GOVERNMENT
COMPARED WITH THAT OF STATE TO
LOCAL GOVERNMENT
(Review Part II, p. 46)
III. WHAT THE FEDERAL GOVERNMENT DOES
IV. POWERS DENIED THE FEDERAL GOVERNMENT
(Optional)
1. Slavery.
Importation (44) ; prohibition (98).
2. Penalties, citizenship, etc.
Habeas corpus (45); ex-post-facto law (46); bill of
attainder (46) ; conviction of treason defined
(71) ; punishment of treason (72) ; citizenship
(105); titles (51); emoluments, etc. (51).
3. Taxation.
Direct (47) ; exports (48) ; interstate commerce
(49) ; ports : of entry (49).
4. Finance.
Appropriations by law (50); public statement of
receipts and accounts (50) ; money for army (37,
103); debts in aid of rebellion (103).
CHAPTER X
CONSTITUTION OF UNITED STATES ; POWERS OF FEDERAL
GOVERNMENT
I. CONSTITUTION
1. Objects.
The objects of the Constitution, as set forth in the pre-
amble are "to form a more perfect union, establish jus-
tice, insure domestic tranquility, provide for the common
defence, promote the general welfare and secure the bless-
ings of liberty" not only to those establishing the govern-
ment of the United States, but to the generations coming
after.
2. Described.
The Federal Constitution, adopted in 1789, was modeled
after the state constitutions; as its framers said it was a
compromise to the conflicting demands of the different
states. It provides in a general way for the three separate
departments of government, legislative, executive and
judicial, while it leaves Congress to supply by law those
details of working which prove necessary from time to
time. The Constitution, laws and treaties of the United
States constitute the supreme law of the land.
3. How framed.
In May, 1787, a convention of delegates sent by the
state legislatures met in Philadelphia to revise the Articles
of Confederation. Instead of revis.ing they found it nec-
essary to write a new Constitution, which they presented
to the Continental Congress, September, 1787.
78 OUTLINES OF CIVIL GOVERNMENT
4. Adoption.
Congress approved the Constitution, submitted and
recommended it to the states. It was adopted by constitu-
tional conventions (bodies elected for that special purpose)
in the states and went into effect March 4, 1789.
5. Amendment.
There are two ways by which amendment may be
proposed.
(a) By Congress. Congress may propose an amend-
ment if two thirds of the members of each house vote
to do so.
(b) By constitutional convention demanded by states.
Two thirds of the state legislatures may petition Con-
gress to call a general convention which shall propose
amendment.
(c) Ratification. In either case, if three fourths of
the state legislatures or state conventions called for the
purpose (whichever method of ratification Congress
chooses) vote to accept the amendment it becomes a
part of the Constitution (80).
6. "Bill of Rights" and other amendments.
There was so much dissatisfaction because the Consti-
tution left out an enumeration of the rights of an indi-
vidual called a "bill of rights," and found in most state
constitutions that the first ten amendments were added to
supply the want. The other amendments were made as
need arose. (See optional topics, Part III, p. 75.)
7. Oath to support the Constitution.
Both state and Federal officers are reminded of their
duty to the Constitution by Article VI (83), which pro-
OUTLINES OF CIVIL GOVERNMENT 79
vides that ''senators and representatives, members of the
several state legislatures, and all executive and judicial
officers, both of the United States and of the several states,
shall be bound by oath or affirmation to support this
Constitution. "
II. RELATION OF FEDERAL TO STATE GOVERNMENT
COMPARED WITH THAT OF STATE TO
LOCAL GOVERNMENT
(Review Part II, p. 46)
III. WHAT THE FEDERAL GOVERNMENT DOES
The Federal Government does those things which a
state could not well do: it decides all questions of war
and peace; it controls army and navy; it regulates com-
merce between the states or between the states and a
foreign country; it legislates upon financial questions,
coins and borrows money; it gives patents and copyrights
to protect inventors and authors; it controls post offices
and post roads ; it makes uniform bankruptcy and natural-
ization laws ; it tries crimes against the United States and
those committed on the seas; it lays taxes, although that
power is also granted to the states (generally the state lays
direct, the nation indirect taxes) ; it acquires and governs
territory.
IV. POWERS DENIED THE FEDERAL GOVERNMENT
(Optional, p. 76)
80 OUTLINES OF CIVIL GOVERNMENT
RECITATION OUTLINE CHAPTER XI
LEGISLATIVE DEPARTMENT: CONGRESS; HOUSE OF
REPRESENTATIVES
I. CONGRESS
(a) Numbered.
(b) Long and short session.
(c) Special sessions.
(d) Adjournment.
1. House of Representatives.
(1) Representation according to population.
(2) Qualifications.
(3) Privileges (21). (Optional.)
(4) Disabilities (22). (Optional.)
(5) Salary.
(6) Election.
(a) Time.
(b) Place and manner, Congressional dis-
trict.
(c) " Representative at large."
(7) Vacancies.
(8) Term.
(9) Speaker and other officers,
(10) Work of House.
(a) Legislative.
(b) Impeachment.
CHAPTER XI
LEGISLATIVE DEPARTMENT : CONGRESS ; HOUSE OF
REPRESENTATIVES
I. CONGRESS
The Constitution vests the law-making power in a
Congress of the United States which consists of a Senate
and a House of Representatives (2).
(a) Numbered. A single Congress covers a period of
two years and is numbered. Example: the 60th Con-
gress began March 4, 1907, and expired March 4, 1909.
(b) Long and short sessions. Each Congress has a
long and short session.
Note. The long session begins first Monday in December of
the odd years (when a new House meets) and lasts until adjourn-
ment, perhaps in July or August. The short session commences
the following December of the even year and must close the next
fourth of March, at noon, when that Congress expires. Example :
the 60th Congres-s met December, 1907, for its long session,
December, 1908, for its short session, closing March 4, 1909, at
noon.
(c) Special sessions. , The President may call a special
session of one or both Houses if he thinks necessary (65).
(d) Adjournment. By mutual consent the two Houses
may adjourn; if they fail to agree as to the time of
adjournment the President may adjourn them. But
"neither House during the session of Congress shall, with-
out the consent of the other, adjourn for more than thre'e
days, nor to. any other place than that in which the two
Houses are sitting" (65, 20).
82 OUTLINES OF CIVIL GOVERNMENT
1. House of Representatives.
(1) Representation according to population. The
members of the House of Representatives are elected by
the state according to population (5). The representa-
tives then stand for the people.
Note. On the basis of the census of 1900 there are now (1910)
386 members, or one for every 193,284 people. The population
includes the whole number of persons in each state with the
exception of Indians not taxed (101).
(2) Qualifications. A representative must be at least
twenty-five years of age, seven years a citizen of the
United States, when elected an inhabitant of the state in
which he is chosen (4).
(3) Privileges (21). (Optional.)
(4) Disabilities (22). (Optional.)
(5) Salary. The salary of a representative is fixed by
law and paid from the United States treasury (21).
Note. It is now $7,000 a year, with an allowance for traveling
expenses.
(6) Election, time, place and manner (15). Con-
gress by law has provided the time, place and mode of
electing representatives.
(a) Time is now in November of the even years,
as 1910, 1912, although members elected do not enter
the House until a year from the next December, unless
a special session is called.*
* A representative elected in November, 1908, would not take his
seat until December, 1909, when the 61st Congress first met,
unless a special session had been called between March 4, 1909,
when the 60th Congress expired, and December, 1909, when the
61st Congress organized.
OUTLINES OF CIVIL GOVERNMENT 83
(b) Place and manner, congressional districts.
The state legislature divides the state into as many
congressional districts, nearly equal in population,
numbered first, second, third, etc., as it is entitled to
representatives. A representative is elected by direct
vote of those within that district qualified to vote for
their own state representatives.*
(c) Representative at large. If a state is entitled to
but one representative or is given a representative at
large, he is elected by the voters throughout the state, t
(7) Vacancies. When vacancies happen in the repre-
sentation of any state the governor calls an election to fill
such vacancies (6).
(8) Term. Each representative is elected for a term
of two years (3).
* i. e. y For members of "the most numerous branch of the
state legislature" usually called House of Representatives; in
New York called Assembly; in Virginia, House of Delegates;
in New Jersey, General Assembly.
t "The number of representatives shall not exceed one for
every thirty thousand, but each state shall have at least one repre-
sentative" (5). As population has increased Congress has in-
creased the number of people entitled to one representative, or
lowered the ratio until it is now, 1910, one representative to
193,284 people ; (1 :193,284). How found. For example, suppose
Congress fixes the number of representatives as 386. To find the
ratio the total population of the states (not including the terri-
tories since they have no representatives) as ascertained by the
census is divided by the desired number of representatives (386),
which gives the quotient 193,284 the ratio then is 1 :193,284. To
determine the number of representatives to a state, Congress
divides its population by 193,284 (or whatever the number).
Those states having the largest remainders are given an extra
representative, or a representative at large.
84 OUTLINES OF CIVIL GOVERNMENT
(9) Speaker and other officers.
(a) The Speaker, elected by the most powerful party
of the House, administers the oath of office to mem-
bers, presides during debate, puts the question before
the House to vote, decides whether or not certain
things may be allowed according to the rules which
the House has adopted; his great importance lies in
his right of appointing the committees to which every
bill is referred.*
(b) Other officers are the clerk, who records pro-
ceedings of the House, keeps a roll of members, and
.has charge of the copies of bills; sergeant-at-arms who
maintains order and, at the request of the House, com-
pels absent members to attend ; doorkeeper, postmaster,
chaplain, pages, etc.
(10) Work of House.
(a) Legislative. The House is co-ordinate with
the Senate in law-making save in one particular, all
bills for raising revenue (money by taxation) must
originate in the House (23).
(b) Impeachment. The House has sole power of
impeaching the President, Vice President and all civil
officers of the United States. | If there is a charge
* Why does this give him great power? What exception to this
since 1910?
t The term "civil officers" means all persons employed by the
Federal Government, not including Congressmen or members of
Army and Navy. Members of Congress are liable to expulsion
by their House for crimes or misdemeanors (18) ; members of
the Army and Navy are tried by their own courts-martial.
President Johnson was impeached by the House but acquitted by
the Senate. Six other officers have been impeached, but only
two convicted.
OUTLINES OF CIVIL GOVERNMENT 85
that an officer has abused his trust, as through treason
or bribery, the House hears the evidence; if the
majority so decide a summary of the charges, called
articles of impeachment, is made out and sent to the
Senate where the offender's trial takes place (7, 66).
OUTLINES OF CIVIL GOVERNMENT
RECITATION OUTLINE CHAPTER XII
LEGISLATIVE DEPARTMENT (continued} I SENATE
2. Senate.
(1) Representation by states.
(2) Qualifications.
(3) Privileges.
(4) Disabilities.
(5) Salary.
(6) Election.
Time, place, manner.
(7) Vacancies.
(8) Term.
(9) Vice President and other officers.
(10) Vote.
(11) Work of Senate.
(a) Legislation.
(b) Executive.
(c) Judicial.
CHAPTER XII
LEGISLATIVE DEPARTMENT (continued} : SENATE
2. Senate.
(1) Representation by states. In the Senate the states
are equally represented regardless of their size, each state
sending two senators. There are now (1910) ninety-two
members. We think of the senators, then, as represent-
ing the state as a whole a political unit while the
representatives stand more directly for the people.
(2) Qualifications. A senator must be at least thirty
years of age, nine years a citizen of the United States,
when elected a resident of the state in which he is chosen
(10).
(3) Privileges. (Same as representatives.)
(4) Disabilities. (Same as representatives.)
(5) Salary. (Same as representatives.)
(6) Election.
Time, place and manner. As in the House, Con-
gress may decide the time and manner of holding sena-
torial elections which it has done by law; but the place
must be left for the state to decide (15).
(a) Place. The legislature electing a senator meets
at its state capital ; it would be inconvenient if the
Federal Government might interfere with this (15).
(b) Time and manner. That state legislature
which is elected just before a senator's term expires
votes for a successor. The manner of election is the
same in all states: both Houses sitting separately elect
88 OUTLINES OF CIVIL GOVERNMENT
a senator by "viva voce" * vote if they can agree upon a
candidate; if not, a majority of each house must meet
together (in joint session) an^ make a choice by the
same way of voting. In either case a majority is nec-
essary for an election.
(7) Vacancies. When there is a vacancy in the Senate
the state legislature elects a successor, if it is in session;
if not, the governor appoints a senator to serve till the
next legislature meets (9).
(8) Term. Each senator is elected for a term of six
years, but it is so planned that one third of the Senate
only is composed of new members once in two years.
This gives the Senate greater permanence than the House,
which changes completely once in two years, unless mem-
bers are re-elected (8, 9).
(9) Vice President and other officers. The Vice Presi-
dent of the United States is president of the Senate, with
no right to vote unless there is a tie, when he casts the
deciding vote. A president ''pro tempore" is elected by
the senators from their number, to take the Vice President's
place if absent. The Senate elects its officers similar to
those of the House (11, 12).
(10) Vote. Each senator casts his vote as he pleases;
the two from the same state may cast opposing votes if
they so choose t (8).
* By living voice word of mouth.
tin the German Bundesrath (body representing the states) the
members from a state agree upon a vote, then cast collectively
their number of votes. Prussia, for instance, having seventeen
votes, would cast them all in the same way, for or against the
measure. This secures more strictly state representation. Under
the Articles of Confederation each state had but one vote, cast as
its delegates could agree, regardless of their number.
OUTLINES OF CIVIL GOVERNMENT 89
(11) Work of Senate maybe classed under three heads,
legislative, executive and judicial.
(a) Legislative. Senate is equal with the House
in legislation save in the one point noted, bills for rais-
ing revenue must originate in the House ; but the Senate
may propose amendments to such bills (23).
(b) Executive connection with. The President
nominates candidates for ambassadors, consuls, judges
of the Federal courts and members of his cabinet, but
the Senate confirms or rejects these nominations (63).
The President frames treaties with foreign nations; the
Senate refuses or accepts them by a two-thirds vote of
those present; or it may return an amendment of the
treaty to the President (63). In confirming the Presi-
dent's nominations or voting upon a treaty the Senate
does not allow spectators in the room, it goes into
executive session.
(c) Judicial as a court. While the House has
power of impeachment or, in other words, making
the charge the Senate tries the case, sitting as a court.
If the President of the United States should be tried the
Chief Justice of the Supreme Court would preside. A
two-thirds vote of those present is necessary for con-
viction. The sentence pronounced can go no farther
than disqualification for office under the Federal Gov-
ernment, but the courts of law may then try and punish
the accused (13, 14).
90 OUTLINES OF CIVIL GOVERNMENT
RECITATION OUTLINE CHAPTER XIII
THE LEGISLATIVE DEPARTMENT (continued) I LAW-
MAKING IN THE TWO HOUSES
(Entire Chapter Optional)
1. Provisions common to the two Houses.
(1) Acceptance of members (17).
(2) Attendance (17).
(3) Rules (18).
(4) Punishment (18).
(5) Journal (19).
(6) Yea and nay vote (19).
(7) Adjournment (20).
2. Work of committees. (See text, p. 93.)
(1) In the House.
(2) In the Senate.
(3) Conference committees.
3. Lobbying.
4. Passage of a bill * originating in the House.
(1) In the House (24).
(2) In the Senate.
(3) Signatures.
(4) Three ways of its becoming a Iaw
Filibustering.
* Also order, resolution, vote (25).
OUTLINES OF CIVIL GOVERNMENT 91
5. Work of Congress.
(1) War: army and navy.
f Declare (36).
War < Letters of marque and reprisal (36).
(. Rules of capture (36).
Army.
Raise and support (37).
Appropriations limited (37).
Rules for government (39).
Navy.
Provide and maintain (38).
Rules for government (39).
Militia.
1. (40)
Calling 2.
(purposes) 3.
1- , (41)
Governing 2.
3.
( Officers (41).
Limitations \ -.
( Training.
(2) Finance.
Laying and collecting taxes (26).
Direct (5, 47).
Indirect conditions (26).
1.
Purposes 2. (26)
3.
Conditions J- .( 50)
Borrowing money (27).
92 OUTLINES OF CIVIL GOVERNMENT
Coining money (30).
Fixing value of money (30).
Counterfeiting (31).
Bankruptcy (29).
(3) Commerce.
1.
Regulation 2. (28)
3.
(4) Justice.
Supreme Court (34).
Lower courts (34).
International offences (35).
Crimes on sea (35).
Place of trial (70).
(5) Territory or property.
Disposal (78).
Government (78).
District of Columbia (42).
Arsenals, forts, etc. (42).
(6) Various powers.
Weights and measures (30).
Naturalization (29).
Post offices and roads (32).
Copyrights and patents (33).
(7) Necessary laws (43).
("The Elastic Clause.")
CHAPTER XIII
LEGISLATIVE DEPARTMENT (continued) I LAW-MAKING
IN THE TWO HOUSES
1. (Optional. See Recitation Outline.)
2. Work of Committees.
When a new Congress meets every member of each
House becomes a member of some standing committee.
The committee makes a special study of the subject upon
which it is appointed, examines bills relating, and advises
the other members who rely upon its conclusions; thus
legislation is largely the work of committees.
(a) In the House. The Speaker has the power of
appointing members to committees ;* he selects the leaders
of his party as chairmen of the more important commit-
tees, but he must also place members of the opposing
party upon the list. Every week there is a roll call by
states when each member has a chance to introduce a bill.
These are at once referred to the proper committee, as
bills for money expenditure to the Committee on Appro-
priations, questions of taxation to Ways and Means Com-
mittee, etc. The members of the committee study the
bill, amend or change it as they think best, then report it
back to the House favorably or adversely. If the latter,
the bill is said to be "killed" by the committee.
(b) In the Senate. The Senate committees are not
appointed but elected by vote of the senators ; their work
is the same as those in the House.
* What exception to this since 1910?
94 OUTLINES OF CIVIL GOVERNMENT
(c) Conference committees. If the House and Senate
cannot agree upon a bill, conference committees are
appointed by each House to meet and come to an agree-
ment if possible, when each House acts upon the compro-
mised bill. Example: The resolution to aid the Cubans
was the result of conference ; the Senate strongly advocated
the recognition of Cuban independence, the House opposed
it.
3. Lobbying.
Large business concerns which may be affected by
change in laws, as manufacturing interests by change in
tariff, usually employ a lawyer or other agent to remain
in Washington during a session of Congress and if possi-
ble influence members of Congress to legislate in their
favor, or at least not adversely. This may be by legiti-
mate influence or it may be by bribes. As other than
members are not admitted to the floor, either of the Senate
chamber or of the Hall of Representatives, the members
meet the agents in the lobby (hall), hence the name
lobbying.
OUTLINES OF CIVIL GOVERNMENT 95
RECITATION OUTLINE CHAPTER XIV
EXECUTIVE DEPARTMENT: i. VESTED; n. CABINET;
III. PRESIDENT
I. .How the executive power is vested.
II. Cabinet.
III. President.
1. Qualifications.
2. Vacancy.
3. Salary.
4. Election.
(1) Electors.
(2) Manner of voting,
(3) Making returns.
(4) Counting the vote.
(5) Election of the President by House of Repre-
sentatives (96).
(Optional.)
(6) Election of Vice President by the Senate (97).
(Optional.)
5. Term.
6. Inauguration.
7. Work (Optional).
f Treaties (63).
| Diplomats and
(1) Relation to foreign affairs <j consuls (63).
Foreign represent-
[ atives (65).
OUTLINES OF CIVIL GOVERNMENT
Commander-in-chief (62).
r Army (62).
(2) Relation to war) Navy (62).
( State militia (62).
{ Message (65). ,
Veto (24).
(3) Relation to legislation
Calling or adjourning
Congress (65).
Execute laws (65).
(4) Relation to judiciary j Pardons ( 62 )"
I Reprieves (62).
' With consent of Senate
(63).
Without Senate's ap-
proval (63).
Vacancies (65).
Commissions (65).
(5) Appointive power
(a) Spoils system.
(b) Checks civil service laws.
CHAPTER XIV
EXECUTIVE DEPARTMENT: i. VESTED; 11. CABINET;
III. PRESIDENT
I. How the executive power is vested.
The Constitution reads, "The executive power shall be
vested in a President of the United States' ' (55). Although
not directly providing for, it recognizes the need of subor-
dinate departments: "He (President) may require the
opinion in writing of principal officers of each of the
executive departments on any subject relating to the duties
of their respective offices " (62). As there was need, nine
departments have been established: Department of State,
of Treasury, of War, of Navy, of Justice,, of the Post
Office, of Interior, of Agriculture and of Commerce. The
Vice President is not a member of the executive.
II. Cabinet.
The heads of these departments, Secretary of State, of
Treasury, of War, of Navy, Attorney-general, Postmaster-
general, Secretary of the Interior, Secretary of Agricul-
ture, Secretary of Commerce, nominated by the President,
confirmed by the Senate,* make up the President's Cabi-
net. They consult with him upon general executive busi-
ness as well as act for him in their respective departments.
* The President must have perfect freedom of choice. "Sena-
torial courtesy" demands a prompt confirmation by Senate of his
selection of Cabinet officers.
98 OUTLINES OF CIVIL GOVERNMENT
III. President.
1. Qualifications. The President must be a natural
born citizen of the United States, thirty-five years or more
of age, and fourteen years a resident within the United
States (58).
2. Vacancy. In case of vacancy * in the Presidential
office the Vice President succeeds to it. The qualifica-
tions for Vice President are the same as for President
(59). If there should be a vacancy in both offices, mem-
bers of the Cabinet might become President, in the order
named above (59).
3. Salary. The President's salary cannot be increased
or diminished during his term of office; "he shall not
receive within that period any other emolument from the
United States or any of them" (60).
Note. President's salary is $75,000, with $25,000 additional for
traveling expenses.
4. Election.
(1) Electors. The President is elected by indirect
vote; in November of every leap year, the same time, a
new House is elected; the voters of each state choose as
many men called electors as the state has senators and
representatives. No person holding office under the
Federal Government may be an elector (56).
(2) Manner of voting. The electors meet at their
state capital in January following their election in
November, and vote by ballot for President and Vice
President, "one of whom, at least, shall not be an in-
habitant of the same state as themselves" (96). It was
* Vacancy might occur through death or through removal by
impeachment.
OUTLINES OF CIVIL GOVERNMENT 99
intended by the Constitution makers that the electors
should use their own judgment in selecting candidates
for their party, but in practice they simply vote for the
candidates their party has previously nominated. As
soon as it is known in November what electors have
been chosen it is known who is President.
(3) Making returns. The electors send to President
of the Senate a list of "all persons voted for as Presi-
dent, and of all persons voted for as Vice President, and*
of the number of votes for each" (96).
(4) Counting the vote. The Senate meets with the
House while the President of the Senate counts the votes
of the electors.* He declares those candidates elected
President and Vice President who have each received a
majority of the votes of the whole number of electors
(Electoral College) (96).
Note. Minority President. It happens that a President may
be elected by a minority of all the votes cast by the people. In
1886 Mr. Harrison, although receiving 95,534 votes less than Mr.
Cleveland, was yet elected President. How this is possible. In
a state the number of votes cast for electors by the defeated
parties may together aggregate more than the number of votes
cast by the victorious party which has won its electors by a plu-
rality vote. To return to our simple illustration (Part I, p. 7).
Although Cook had 650 votes and won by a plurality of 50 there
were 600 + 500 votes wasted, a larger number than 650. This is
what happens in numerous states perhaps. Since the votes of the
defeated parties of one state cannot be added to those of another
state, these wasted votes may aggregate a larger sum than the
plurality vote for the electors of the successful candidate.
(5) Election of President by the House (Optional
96, 102).
* The following February.
100 OUTLINES OF CIVIL GOVERNMENT
(6) Election of the Vice President by the Senate
(Optional 97, 102).
5. Term. The President and Vice President are elected
for a term of four years. No President has been elected
for more than two terms although there is no limit by law
or Constitution (55).
6. Inauguration. On March 4th, following election in
November, the President and Vice President take the oath
of office. (See form of oath, 61.)
7. Work of the President (Optional topics).
(1) Relation to foreign affairs. The President, as
we know, with the sanction of the Senate, makes
treaties with foreign countries and appoints diplomats
and consuls to them. He also receives representatives
sent by other countries* (63, 65). He may lead the
movement for acquisition of territory, through his
treaty-making power.
(2) Relation to war. He is commander-in-chief of
army and navy and of state militia when in the service
of the Federal Government (62).
(3) Relation to legislation. The President's con-
nection with the legislative department is slight com-
pared with the relation of the executive to the legislative
department of other countries. He sends an annual or
special message to Congress, giving his opinion on
affairs, but Congress is not obliged to follow his advice
(65) ; he has, however, some power to check legislation
he does not approve by his power of veto (24). As
* This is important because the acceptance of a representative
recognizes a nation. For example, France recognized us as a
nation during the Revolution when she received our ministers.
OUTLINES OF CIVIL GOVERNMENT 101
stated he may call special session of one or both houses,
and adjourn them if they fail to agree as to time of
adjournment. "He shall take care that the laws are
faithfully executed" (65).
(4) Relation to judiciary. He has power to grant
reprieves and pardons in criminal cases sentenced in the
Federal courts (62).
(5) Appointive power. Beside diplomats and con-
suls the President appoints, with the consent of the
Senate, judges of the Federal courts, certain postmasters
and custom officers, and a host of other civil officers
without the Senate's sanction. It takes most of the
time and strength of a new President to fill these places
(63).
(a) Spoils system. When Andrew Jackson be-
came President he assumed the right of removing
civil officers of the United States * and of appointing
his political friends to the vacancies. Since then
the watchword of the victorious party has been,
"To the victors belong the spoils," there has been
this fourth-yearly overturning.
(b) Checks to spoils system, civil service laws.
Congress, in 1883, passed a law requiring written
examinations of candidates for certain offices, none
of them very important. Civil service commis-
sioners, appointed by the President, carry out the
law by providing competitive tests and Delecting
candidates according to rank obtained. More posi-
tions filled in this way are added year by year.
* No President had before assumed that right; the Constitu-
tion made no provision for their removal.
102 OUTLINES OF CIVIL GOVERNMENT
Other laws helping on reform forbid a polit-
ical party to collect a tax from United States officers
for funds to carry on a political campaign; also for-
bid such officers taking active part in work for their
party.
It rests largely with the President whether
or not these laws are carried out.
OUTLINES OF CIVIL GOVERNMENT 103
RECITATION OUTLINE CHAPTER XV
EXECUTIVE DEPARTMENT (continued) I I. DEPARTMENT
OF STATE ; II. DEPARTMENT OF TREASURY
I. Department of State.
1. Work.
2. Foreign service.
(1) Diplomatic.
(a)
(<*)
(2) Consular.
II. Treasury Department.
1. Work.
2. Taxation by United States.
(1) Internal Revenue.
Districts.
(2) Customs.
(a) Protective tariff.
(b) Revenue tariff.
(c) Districts.
3. Money and coinage.
(1) Paper money or currency.
(a) Treasury notes.
(b) Gold and silver certificates.
(c) Bank notes.
(d) How made.
104 OUTLINES OF CIVIL GOVERNMENT
(2) Coin.
(a) Metals used.
(b) Gold standard.
(c) Free coinage of gold.
(d) Limited coinage of silver.
(e) Light-weight silver coins.
(f) Seigniorage.
4. National Banks.
CHAPTER XV
EXECUTIVE DEPARTMENT (continued) : I. DEPARTMENT
OF STATE ; II. DEPARTMENT OF TREASURY
I. Department of State.
1. Work. The State Department has charge of our
relations with foreign countries. The Secretary is the
President's agent in shaping the foreign policy of the
Administration so far as it is uncontrolled by Congress.
The Secretary gives instructions 'to our diplomats and
consuls abroad, they in turn are simply his agents. Any
formal communication with another country is always
through the Secretary and our representatives in that
country, or through the foreign diplomats at Washington
and the Secretary.
2. Foreign service is divided into two branches, (1)
Diplomatic, (2) Consular.
(1) Diplomatic agents attend to the political rela-
tions between the United States and the countries to
which they are sent. There are four classes of diplo-
mats according to the size and importance of the coun-
try. We receive from a country the same class of
representatives that we send.
Note. (a) Ambassadors, sent to the more powerful nations,
as England, Germany, Russia, etc. (b) Envoys-extraordinary
and ministers-plenipotentiary, Netherlands, Belgium, Austria,
etc. (c) Ministers-resident, Siam, Persia, etc. (d) Charge
d'Affaires, Santo Domingo, etc.
(2) Consular service looks after our commercial
interests in a foreign country, also the welfare of
106 OUTLINES OF CIVIL GOVERNMENT
American citizens there for a time. A consul is
appointed in each consular district into which we have
divided foreign countries. He sees that laws relating
to commerce are enforced; he records details of Ameri-
can shipping coming to his ports, he protects or aids
our seamen in need.
Travelers. The consul grants passports to
Americans traveling through those countries suspicious
of strangers ; he transacts legal business for these trav-
elers, as making wills, or deeds, or settling estates of
those deceased.
Note. Work at home. The Secretary of State keeps the great
seal of the United States, provides for the publication of laws,
treaties and Presidential messages, and keeps the original copies
of these and other official documents, the "archives" of the
United States.
II. Treasury Department.
1. Work. The United States Government has the right
to lay taxes, to borrow money. The Treasury Department
carries out the financial measures voted by Congress. The
Secretary is at the head of this department, with an over-
sight of its various sub-divisions.
2. Taxation by United States. Funds to carry on the
Federal Government are chiefly raised by indirect taxa-
tions (1) Internal Revenue; (2) Customs. Direct taxa-
tion * by the United States Government has been and may
be employed, although not now in force.
* Direct taxation as well as representation must be according
to population ascertained by the census (5). There is now
(March, 1910) a proposed amendment of the Constitution to be
accepted or rejected by state legislatures, which provides for a
Federal tax on incomes from whatever source derived without
apportionment among the states of the Union.
OUTLINES OF CIVIL GOVERNMENT 107
(1) Internal Revenue (excise duties). Internal rev-
enue consists of the taxes laid on goods produced in
the country, generally upon alcoholic liquors and
tobacco. The producer or seller first pays the tax
generally in the form of stamps purchased of the
Federal Government but adds it to the price asked,
hence it is paid in the end by the consumer. When the
government needs to raise a larger sum, as during the
Spanish War, Congress places the tax upon other arti-
cles, as tea, bank checks, telegrams, express packages,
etc. In 1909 a law was Dassed levying a tax on
corporations.*
Districts. The country is divided into internal
revenue districts, a collector appointed for each district,
(2) Customs (duties, imposts) are taxes laid upon
goods brought into the United States. Customs or
tariff a more common name may be divided into (a)
protective tariff; (b) revenue tariff, though it is not
easy to say where the one begins and the other leaves off.
(a) A protective tariff is a tax laid upon certain
classes of imported goods which are also made by a
new home industry; this prevents undue competition
from abroad and enables the infant industry to grow.
(b) Revenue tariff is a tax laid for the purpose of
raising money for the government upon imported
articles, not the necessaries of life, but certain
luxuries, usually those which home production
abundantly supplies.
(c) Districts. The coast line and the north and
* Protested as unconstitutional on ground of its being in nature
of a direct tax.
108 OUTLINES OF CIVIL GOVERNMENT
south boundaries of the United States are divided into
customs districts. These have certain ports of entry
where custom houses are located through which duti-
able goods must pass. Revenue collectors ' are
stationed at these places.
3. Money and Coinage. The Treasury Department
provides both paper money and coin.
(1) Paper money or currency. We find in circula-
tion (a) treasury notes or "greenbacks," which the
United States has made legal tender, that is, a
medium for the payment of debt for which the Treas-
ury will usually pay gold although not pledged to do
so; (b) gold and silver certificates which are put in cir-
culation instead of the amount of gold and silver coin
which they represent, actually stored in the Treasury;
(c) bank notes issued by national banks (see National
Banks, p. 110) ; (d) how made. The bureau of print-
ing and engraving prepares this paper money most care-
fully that counterfeiting may not be easy. After its
manufacture the signature of certain officials is neces-
sary, it is then sent into circulation in payment of United
States expenses.
(2) Coin.
(a) The metals used for coinage are gold, silver,
nickel and copper.* The smaller silver coins (below
a dollar) may be used in payment of debt up to ten
dollars; above that no one is obliged to receive them
as legal tender.!
* Name the denominations in each metal. Since 1893 the one
and the three dollar gold pieces have not been coined,
t Pennies and nickels only to twenty-five cents.
OUTLINES OF CIVIL GOVERNMENT 109
(b) Gold standard. We are supposed as a nation
to maintain the gold standard; that is, every paper
and silver dollar presented at the Treasury would in
theory be exchangeable for a gold dollar; practically
this is not true.
(c) Free coinage of gold. One may carry 23.22
grains of gold bullion to the mint and exchange for
a gold dollar which contains the same amount of gold
by paying for the extra 2.58 grains of copper alloy
in the gold dollar (23.22 grs. gold -j- 2.58 grs. copper
= 25.80 grs., weight of a gold dollar). Any amount
of gold people choose to carry will be coined thus
by the United States, practically "free."
(d) Limited coinage of silver not "free silver."
The coinage of silver is limited; one may not ex-
change silver bullion for silver coin, ounce for
ounce. If one might make the exchange as in the
case of gold, this would be what is called "free
silver. "
(e) Light-weight silver coins. The smaller silver
coins are purposely made light weight that people
may not withdraw them from circulation.
Note. If one dollar in gold hruy 515 grains of silver only 412
grains are put in the silver dollar. If the 515 grains were used
and the price of silver rose, then one dollar in gold would buy less
than 515 grains, and it would be more profitable to use the silver
dollars each containing the 515 grains in manufacture of silver
articles than to buy the silver bullion. There is no profit in
withdrawing the light-weight coin to use in manufactures, there-
fore they remain in circulation. So long as there are no more
of these than are needed in circulation, and so long as they are
exchangeable for gold dollars, this token money circulates at its
face (marked) value.
110 OUTLINES OF CIVIL GOVERNMENT
(f) Seigniorage. This extra silver which the
government extracts from the light-weight coin* is
used for further light-weight coinage coining the
seigniorage, it is called.
Note. Mints. United States provides for coinage at four
mints ; the principal one at Philadelphia, lesser ones at Carson
City, New Orleans and San Francisco. Treasury and sub-treas-
uries. The storage of money is at the Treasury in Washington,
and at sub-treasuries in Boston, New York, Philadelphia,
Baltimore, Cincinnati. Chicago, St. Louis, New Orleans, San
Francisco.
4. National Banks. National banks or banks of issue
besides their ordinary banking business are permitted
to issue paper money, bank notes. A company in a
town or state which wishes to establish a national bank
subscribes a certain sum of money, for example $100,000,
with which it must buy United States bonds. These
bonds and a small per cent called a redemption fund f
are deposited with the Comptroller of the Currency the
Federal officer in charge of the system. He sends the
bank notes, or bills, to the amount of $90,000, which,
when signed by certain bank officers, become so much
money to be put in circulation. In case the bank fails
the Comptroller has the deposited United States bonds to
make good the paper money which would otherwise be
worthless. There is then no hesitation in receiving any
bank bill.
* Dollar is worth about seventy-five cents, a half dollar about
thirty-five cents, varies with the market price of silver.
tTo pay the expense of making the bank bills good in case of
the failure of the bank.
OUTLINES OF CIVIL GOVERNMENT 111
Note. (a) Other commercial interests. As the department
has so large a control of commerce, other commercial interests
are entrusted to it, as the enforcement of navigation laws, immi-
gration laws, care of lighthouses, buoys, life-saving stations,
coast survey, improvement of rivers and harbors, erection of
hospitals for seamen, application of the sealing laws in Alaska,
publication of statistics of trade, etc. (b) Auditing accounts.
The Treasury Department through several of its bureaus audits
all Federal accounts, (c) Treasurer of the United States pays
out all money for the government according to order, (d) Esti-
mate of expenses. This department also sends to Congress a
yearly estimate sometimes called the budget of the sum neces-
sary to pay government expenses the ensuing year.
112 OUTLINES OF CIVIL GOVERNMENT
RECITATION OUTLINE CHAPTER XVI
EXECUTIVE DEPARTMENT (continued) : III. DEPARTMENT
OF WAR ; IV. DEPARTMENT OF NAVY ; V. DEPART-
MENT OF JUSTICE ; VI. DEPARTMENT OF POST OFFICE ;
VII. DEPARTMENT OF INTERIOR ; VIII. DEPARTMENT
OF AGRICULTURE ; IX. DEPARTMENT OF COMMERCE
III. Department of War.
1. Revie\v summary.
2. Bureaus.
(1) Adjutant General's department.
(2) Quartermaster General's department.
(3) Commissary General's department.
(4) Surgeon General's department.
(5) Paymaster General's department.
(6) Signal service.
3. Schools.
IV. Department of the Navy.
1. Various bureaus.
(1) Yards and docks.
(2) Other bureaus.
2. Naval Academy.
V. Department of Justice.
Attorney General.
VI. Post Office Department.
1. Work.
2. Appointment of postmasters.
OUTLINES OF CIVIL GOVERNMENT 113
VII. Department of the Interior.
1. Public lands.
Care.
Grants.
Conservation.
2. Indians.
3. Census.
4. Patents.
5. Pensions.
VIII. Department of Agriculture.
1. Secretary.
2. Weather bureau.
3. Bureau of Forestry.
IX. Department of Commerceo
CHAPTER XVI
EXECUTIVE DEPARTMENT (continued^) : DEPARTMENTS OF
AVAR ; NAVY ; JUSTICE ; POST OFFICE ; INTERIOR ;
AGRICULTURE ; COMMERCE
III. Department of War.
1. Review summary. We see that the states (as states)
have little to say on the question of war save to furnish the
men; Congress and the President are responsible for
declaring and carrying on war. Congress declares war,
votes the necessary money, makes rules concerning cap-
tures, fits out vessels to prey upon the enemy's commerce
and in time its upper House ratifies terms of peace. To
the President, as commander-in-chief of army and navy, is
left the prosecution of the war. To him and his repre-
sentatives, the Secretary of War and the Secretary of the
Navy, belongs the credit of its success or the blame for its
mismanagement or failure.
2. Bureaus. The War Department is divided among
ten bureaus supervised by army officers. Among the most
important are those of:
(1) Adjutant General who attends to enlistment,
recording and discharge of soldiers.
(2) Quartermaster General who finds all supplies
for soldiers except food, and attends to the transporta-
tion of the same as well as food.
(3) Commissary General who provides the food.
(4) Surgeon General who directs the medical care of
soldiers.
(5) Paymaster General who pays the bills.
OUTLINES OF CIVIL GOVERNMENT 115
(6) Signal service which provides communication
between the forces by means of signals by flags or
colored lights, balloons, etc., when ordinary methods
cannot be used.
3. Schools. The military academy at West Point,
which gives boys a military training fitting them to be-
come in time army officers, is under the supervision of
the War Department; also school at Fort Whipple, Va.,
for training of Signal Service men.
Note. There are four other bureaus, one of artillery, of ord-
nance, of forts and bridges, and a courts-martial, or court for the
trial of soldiers.
IV. Department of the Navy.
The work of the Navy Department is divided among
eight bureaus.
1. Bureaus.
(1) Yards and docks. This bureau superintends all
matters relating to the various ports which the United
States has selected for its navy yards, that is, places
where its ships are built or repaired, where they find
wharfage, and where supplies are stored.
(2) Other bureaus, their work indicated by their
names, are of construction and repair, navigation, ord-
nance, steam engineering, supplies and accounts, medi-
cine and surgery, equipment.
2. Naval Academy at Annapolis, Md., under the super-
vision of the Secretary, is for the training of naval officers.
V. Department of Justice.
The Attorney General at the head of the Department of
Justice, stands in the same relation to the Federal Govern-
116 OUTLINES OF CIVIL GOVERNMENT
ment that the state's attorney* does to the state. He
advises the President and his Cabinet upon legal ques-
tions, he prosecutes for the Federal Government in its
cases before the Supreme Court, he has some control of
district attorneys and marshals connected with the Federal
courts.
VI. Post Office Department.
1. Work. This department, under the Postmaster
General, provides for mail service in the United States
and between this and foreign countries. The Postmaster
General or the heads of the various bureaus establish post
offices, mail routes, t free delivery of mail in rural dis-
tricts, large towns or cities, provide for sending money by
registered letter or money order, and attend to the manu-
facture of stamps, stamped envelopes, post cards, etc.
2. Appointment of postmasters. In first, second, third
class offices, where the salary is one thousand dollars or
more, the postmaster receives his appointment from the
President, confirmed by the Senate. The fourth-class
postmasters, having a less salary, are appointed by the
Postmaster General.
* Called attorney general, district or state's attorney accord-
ing to the custom of the state.
t One of the powers granted Congress by the Constitution (32)
is the establishment of post offices and post roads. Contract is
made with certain railways to carry the mails ; these may be
regarded as "post roads," and any interference with carrying the
mail upon them is punishable by United States authority. Ex-
ample: President Cleveland sent United States troops to Chicago
during a railway strike to prevent strikers from interfering with
the running of the trains.
OUTLINES OF CIVIL GOVERNMENT 117
Note. Classes of mail matter. There are four classes, with
different prices per ounce : 1. Written matter in sealed packages.
2. Publications as newspapers sent directly from the printing
office, postage paid by the publisher. 3. All sorts of printed mat-
ter. 4. Packages of merchandise.
VII. Department of Interior.
The Department of the Interior attends to a wide variety
of interests. The Secretary of Interior is its responsible
head. Some of its duties are:
1. Public lands. The care and sale of the public lands
has been an important part of the business of this depart-
ment. The more desirable agricultural lands have now
been taken up save those reserved for the use of the
Indians.
Grants of lands. Congress has made very liberal laws
relating to the sale of public lands, so that practically the
people have had farms merely by settling upon them.
Many acres have been given to the newer states for the
support of schools and many more are kept for military
posts.
Survey of lands. The lands are surveyed by direction
of the Federal Government.
Note. A line is chosen running east and west called the base
line, as a. b. Perpendicular to it a line extending north and
south a selected meridian, as c. d. East and west of the
selected meridian are rows of townships (themselves extending
north and south) called ranges. Each township is 6 miles square
or 36 square miles ; each square mile, called a section, contain-
ing, of course, 640 acres, the sections are divided again into four
parts, or quarter sections. It is not difficult to locate a section in
a township, since the ranges are numbered 1, 2, 3, etc., east, and
1, 2, 3, etc., west of the meridian; the townships named or num-
bered 1, 2, 3, north or south of the base line. Ex. : Section 36,
in township 2 north, range 2 east.
118 OUTLINES OF CIVIL GOVERNMENT
Conservation of natural resources. There is a growing
conviction that the nation should guard carefully its natural
wealth, as lands containing deposits of coal, iron, copper,
petroleum, silver, gold, etc.; our national forests; our
great irrigation and water power. Heretofore these lands
have been granted to individuals or corporations as liber-
ally as the agricultural lands, with little return made to
the government for them, or little thought of the exhaus-
tion of our bountiful natural resources. Great fortunes
have been made and powerful trusts have sprung up from
the working of these privileges, as mining coal, iron,
gold, silver; cutting the forests or pasturing great herds
of cattle on the public lands; boring for oil or harnessing
the waters to produce electricity or steam motive power.
Now, people feel that these gifts of nature belong to all,
the coming as well as the present generation, that they
must not be lavished on the few to exploit; that they
should be carefully guarded and granted only for an ade-
quate return, for the benefit of all.
2, Indians. As this country has taken the lands of the
Indians it owes them at least the duty of protection and
education. Since 1871 the Indians have been treated as
the wards of the nation.
(a) There are Indians who have left the tribe,
acquired home and land and become citizens of the
United States.
(b) The mass of the Indians live upon reservations,
under the control of a commissioner of Indian affairs,
assisted by subordinate agents. The lands of the reser-
vation are held for the use of the tribe, or money which
has come through the sale of a part of their lands is
OUTLINES OF CIVIL GOVERNMENT 119
held in trust. The aim is to make each Indian a citi-
zen, giving him his share of tribal lands and money as
he shows himself capable of self-support and care. But
many of the tribes are opposed to this allotment and
prefer to live upon the undivided lands, fed and clothed
by the Federal Government.
(c) In Indian Territory, a part of the State of Okla-
homa, the so-called "five civilized tribes" carry on
their own local government. Many of them have good
homes and are well-to-do.
Schools are maintained on the reservations for
the young Indians, hoping thereby to civilize the rising
generation.
3. Census. . The Constitution provided the first census
should be taken in 1790 and every subsequent ten years.
The reports not only give the number of people but such
statistics as are thought of use regarding occupations,
wealth, nationality^ etc. (5).
4. Patents. Patent Office gives an inventor sole right
to manufacture his article patented for a term of years;
after that anyone may engage in its manufacture.
5. Pensions. Pensions are paid through the Pension
Bureau to soldiers and sailors who have received injury
during war in the service of the United States or to the
dependent relatives of deceased soldiers or sailors.
VIII. Department of Agriculture.
1. The Secretary of Agriculture looks after the agri-
cultural interests of the country; he gathers statistics help-
ful to the farmer which he sends forth in the form of
agricultural reports. . He distributes seeds and plants,
and supervises United States Agricultural Stations.
120 OUTLINES OF CIVIL GOVERNMENT
2. Weather Bureau. From signal stations throughout
the United States daily reports are sent to Washington of
the observations on the weather. From these reports,
quite accurate predictions are made of weather for a day
in advance, which prove valuable to farmers, sailors, and
those whose business is affected by the weather.
3. Bureau of Forestry does an important work in caring
for our remaining national forests.
IX. Department of Commerce.
In 1903 Congress established a Department of Com-
merce which includes the former Department of Labor.
The Secretary at its head, is a member of the President's
Cabinet. Since the United States has become one of the
first commercial nations it is necessary that a separate
department look after the interests both of labor and
capital, which together with our almost unlimited natural
resources supply the sinews of commerce.
OUTLINES OF CIVIL GOVERNMENT 121
RECITATION OUTLINE CHAPTER XVII
UNITED STATES JUDICIARY
1. Consists.
2. Separation from state courts.
3. Decisions binding 1 .
o
4. Procedure.
5. Places of criminal trial.
6. Judges.
7. Jurisdiction in cases involving,-*-
(Optional.)
Laws and Constitution of United States (68).
Public Ministers.
On sea.
United States a party in a dispute.
Two states in a dispute.
State against a citizen of another state.
Citizens of different states.
Citizens of state claiming lands.
Citizen of a state and foreign powers or citizens.
8. Three grades of courts.
(1) District courts.
(a) Districts.
(b) Judges.
(c) Other officers.
District Attorney.
Marshal.
Commissioners.
(d) Cases tried.
122 OUTLINES OF CIVIL GOVERNMENT
(2) Circuit courts.
(a) Two sets: Circuit courts; Circuit Court of
Appeals.
(b) Circuits.
(c) Circuit judges.
(d) Cases tried.
(e) Circuit Court of Appeals,
(3) Supreme Court.
(a) Bench.
(b) Session.
(c) Appellate jurisdiction.
(d) Original jurisdiction.
CHAPTER XVII
s
UNITED STATES JUDICIARY
1. Consists.
The Constitution reads: "The judicial power of the
United States shall be vested in a Supreme court and in
such inferior tribunals as Congress may from time to time
ordain and establish" (67). Congress has established
below the Supreme court two other grades of courts,
District and Circuit courts.
2. Separation from state courts.
We have two distinct systems state and Federal courts
in the same place. Congress could not, if it wished,
employ a state court to act for a Federal court, it must
"establish" inferior courts.*
3. Decisions binding.
The state courts, as we have seen, are independent of
each other, but decisions of Federal courts though revers-
ing state laws or constitution must be followed by state
courts.
4. Procedure.
Federal courts use the same forms of procedure as a state
court; trial by jury in civil suits and in criminal cases is
assured (90, 91). State law is taken into consideration
and applied where Federal law fails to cover the case.
5. Place of criminal trial.
"Such trial (criminal cases) shall be held in the state
* In Germany and Switzerland the state courts are employed as
the Federal courts.
124 OUTLINES OF CIVIL GOVERNMENT
where the said crime shall have been committed; but
when not committed within any state the trial shall be at
such a place or places as the Congress may have by law
directed" (70).
6. Judges.
Judges of all Federal courts are appointed by the Presi-
dent, approved by the Senate. Their term is during life
on condition of good behavior; but they are subject to
removal by impeachment. A Federal judge, after reach-
ing the age of seventy years, may retire, if he has already
served ten years, with the same annual salary he last
received. Their salary cannot be diminished but may be
increased during their continuance in office (63, 67).
7. Jurisdiction of the Federal courts.
The Federal courts try certain cases arising from
violation of United States laws, as maritime, patent,
banking, post office or revenue laws; also suits between
citizens of different states, cases of piracy or murder on
the high seas.
8. Three grades of courts: (1) District courts; (2) Cir-
cuit courts; (3) Supreme court (named also in 1).
(1) District courts.
(a) Districts. The United States is divided into
districts; * each state forming one or more districts, but
no district including parts of two states over each of
which presides
(b) A District Judge.
(c) Other officers. Each district has its United
* Seventy for the states.
OUTLINES OF CIVIL GOVERNMENT 125
States district attorney, who acts for the Federal
Government as does a state's attorney for a state, and
United States marshal or Federal sheriff who makes
arrests, takes care of prisoners, and carries out sentence
imposed by the courts. Commissioners. In every
locality it is necessary that some one be given the
power to order a prompt arrest of persons violating
United States laws, just as a justice of the peace holds
criminals whom he cannot try. Any state or Federal
magistrate or judge may cause such arrests. Numerous
United States Commissioners are also appointed for the
same purpose. Another duty of both sets of officers is
to aid the Federal Government in obtaining evidence
for the trial of the accused.
(d) Cases tried. A district court has the first trial of
some admiralty and maritime cases, that is, suits arising
from the navigation of the seas, great lakes and larger
rivers; it has also original jurisdiction in civil and
criminal cases, violating Federal laws, except those of
the latter punishable by death. These may be appealed
to the Circuit Court of Appeals.
(2) Circuit courts.
. (a) Two sets. There are two sets of this grade of
courts: first those for the original trial, the circuit
courts; second, those for appeal from sentence pro-
nounced either by district or circuit courts, the Circuit
Court of Appeals.
(b) Circuits. There are nine circuits throughout the
country every one including several districts with (c)
a circuit judge appointed to each circuit. He holds
a circuit court in each district alone, or with the dis-
trict judge, or two district judges may hold it for him.
126 OUTLINES OF CIVIL GOVERNMENT
(d) Cases tried. The circuit court has original
jurisdiction in criminal cases punishable by death, in
controversies between citizens of different states, be-
tween citizens of a state and an alien, in cases regarding
grants of land (68), and suits arising under patent and
copyright laws.
(e) Circuit Court of Appeals. Besides the resident
circuit judge, each of the nine justices of the Supreme
court has assigned to him a circuit which he must visit
at least once in two years. With two circuit judges or
one district and one circuit judge, he holds a Court of
Appeals, to which cases tried in District and Circuit
courts may be appealed.
(3) Supreme Court.
(a) Bench. The Supreme Court consists of the chief
justice and eight associate justices.
(b) Session. An annual session is held in Washing-
ton at which six justices at least must be present.
(c) Appellate jurisdiction. It is chiefly a court of
appeals from state supreme courts; cases are not retried
but " discussed twice over, once to ascertain the opinion
of the majority of justices which is then set forth in a
written judgment; then again when that written judg-
ment, which one of the judges has prepared is submitted
for criticism and adoption as the judgment of the
court."*
(d) Original jurisdiction. Unlike most of the
supreme courts of the states it has also original juris-
diction; first, in cases affecting ambassadors, other
* Bryce's "Commonwealth."
OUTLINES OF CIVIL GOVERNMENT 127
public ministers and consuls; second where a state is a
party (69).*
Note. Court of Claims. Since the United States cannot be
sued it has provided a Court of Claims in which those people
having claims against the United States may present them. Other
courts under Federal Government. Courts held in territories and
in the District of Columbia are under Federal charge, but are not
regarded as a part of the system of Federal courts.
OUTLINE FOR PUPILS' NOTEBOOKS
FEDERAL GOVERNMENT
HISTORICAL OUTLINE
Steps toward union.
New England Confederation, 1643.
Franklin's Plan, 1754.
Acts of oppression by England,
Navigation Acts.
Townshend Act.
Boston Port Bill.
Quartering Act.
Quebec Bill.
Retaliation by colonies.
Congress of 1765, non-importation agreement.
Circular letters, Committees of correspondence.
Boston Tea Party.
First Continental Congress, 1774.
Second Continental Congress, 1775. Others to 1789.
Articles of Confederation, defects.
Convention of 1787.
* Cases between two states and where a state brings suit against
nn individual.
128 OUTLINES OF CIVIL GOVERNMENT
Constitution (adopted 1789).
Difficulties.
Compromises.
Amendment, "Bill of Right/' others.
Two views of union.
Strong Federal government, parties supporting it.
Strong state government, parties supporting, acts of
adherents of states-rights party.
Issue settled by Civil War.
Present character of Union.
POLITICAL OUTLINE
Legislative department.
1. Hall of Representatives (described).
Confusion in House.
Speech-making, "Previous question."
Speaker and committees.
Power of Speaker.
Sergeant-at-arms.
2. Senate.
Chamber.
Speech-making.
Stability.
Election by state legislatures, "deadlock."
Desire for direct election of Senators.
3. Two houses together.
Passage of a law. "Riders."
Lobbying.
Filibustering.
What important bills are now .before Congress?
Examples.
OUTLINES OF CIVIL GOVERNMENT 129
Executive department.
National convention for nomination of President.
Ideal plan of election.
Real workings.
Power of President in a crisis.
Growth of President's power over legislation.
Appointive power.
Original of " spoils system/' features, results.
Civil Service Reform.
Cabinet, Departments work being done of public
interest.
Judiciary or Federal Courts.
Laws according to Constitution.
Decision regarding constitutionality.
Both parties appoint judges.
Value to country of Federal judiciary.
Commissions object, powers.
Money and banking.
Trusts, corporations Federal control.
Labor unions, strikes.
Note. The powers of the Federal Government is such a vast
subject that only a very general outline for orginal work is given.
Use Bryce's "American Commonwealth" as an aid to a clear
understanding.
PART IV
THE CONSTITUTION OF THE UNITED STATES
THE CONSTITUTION OF THE
UNITED STATES
(WITH EXPLANATORY NOTES)
PREAMBLE
(1) 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 estab-
lish this Constitution for the United States of America.
ARTICLE I
SECTION I CONGRESS IN GENERAL
(2) 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 HOUSE OF REPRESENTATIVES
(3) The House of Representatives shall be composed of
members chosen every second year by the people of the
several States, and the electors l in each State shall have
the qualifications requisite for electors of the most numer-
ous branch of the State legislature. 2
1 Voters.
2 Called House of Representatives in many states.
134 OUTLINES OF CIVIL GOVERNMENT
(4) No person shall be a Representative who shall not
have attained 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.
(5) Representatives and direct taxes shall be appor-
tioned 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. 1 The actual enumeration shall be
made within three years after the first meeting of the Con-
gress of the United States, and within every subsequent
term of ten years, in such manner as they shall by law
direct. The number of Representatives shall not exceed
one for every thirty thousand, but each State shall have at
least one Representative; and until such enumeration
shall be made, the State of New Hampshire shall be
entitled to choose three, Massachusetts eight, Rhode
Island and Providence Plantations one, Connecticut five,
New York six, New Jersey four, Pennsylvania eight,
Delaware one, Maryland six, Virginia ten, North Caro-
lina five, South Carolina five, and Georgia three.
(6) When vacancies happen in the representation from
any State, the executive authority 2 thereof shall issue
writs of election 3 to fill such vacancies.
(7) The House of Representatives shall choose their
1 Slaves.
2 Governor.
3 Call an election in that representative district.
OUTLINES OF CIVIL GOVERNMENT 135
Speaker and other officers, and shall have the sole power
of impeachment. 1
SECTION III SENATE
(8) 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.
(9) Immediately after they shall be assembled in con-
sequence 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 expira-
tion of the second year; of the second class, at the expira-
tion -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 otherwise during the recess of the legisla-
ture of any State, the executive thereof may make tempo-
rary appointments until the next meeting of the legislature,
which shall then fill such vacancies.
(10) 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.
(11) The Vice-President of the United States shall be
President of the Senate, but shall have no vote, unless
they be equally divided.
1 Charge of abuse of trust by United States officers not includ-
ing members of Congress, Army or Navy. (See note Part III,,
p. 84.)
136 OUTLINES OF CIVIL GOVERNMENT
(12) 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.
(13) The Senate shall have the sole power to try all
impeachments. When sitting for that purpose, they shall
be on oath or affirmation. 1 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.
(14) Judgment in cases of impeachment shall not
extend further than to removal from office, and disqualifi-
cation to hold and enjoy any office of honor, trust, or
profit under the United States;' but the party convicted
shall, nevertheless, be liable and subject to indictment,
trial, judgment, and punishment, according to law.
SECTION IV BOTH HOUSES
(15) The times, places, and manner of holding elections
for Senators and Representatives shall be prescribed in
each State by the legislature thereof; but the Congress
may at any time by law make or alter such regulations,
except as to the places of choosing Senators. 2
(16) The Congress shall assemble at least once in every
year, and such meeting shall be on- the first Monday in
December, unless they shall by law appoint a different
day.
1 They are then a court.
2 Congress by law has made uniform the time and manner of
electing members of Congress ; Senators are chosen at the state
capital, where the Legislature meets.
OUTLINES OF CIVIL GOVERNMENT 137
SECTION V HOUSES SEPARATELY
(17) Each house shall be the judge of the elections,
returns, and qualifications of its own members, and a
majority of each shall constitute a quorum 1 to do busi-
ness; but a smaller number may adjourn from day to day,
and may be authorized to compel the attendance of absent
members, in such manner, and under such penalties, as
each house may provide.
(18) Each house may determine the rules of its pro-
ceedings, punish its members for disorderly behavior, and
with the concurrence of two-thirds, expel a member.
(19) Each house shall keep a journal of its proceed-
ings, 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.
(20) 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 PRIVILEGES AND DISABILITIES OF MEMBERS
(21) The Senators and Representatives shall receive a
compensation for their services, to be ascertained by law
and paid out of the Treasury of the United States. They
shall, in all cases except treason, felony, and breach of the
peace be privileged from arrest during their attendance at
the session of their respective houses, and in going to and
1 Quorum : A number sufficient to transact business, deter-
mined by rules of House.
138 OUTLINES OF CIVIL GOVERNMENT
returning from the same; and for any speech or debate in
either house they shall not be questioned in any other
place.
(22) 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 MODE OF PASSING LAWS
(23) 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.
(24) Every bill which shall have passed the House of
Representatives and the Senate shall, before it become a
law, be presented to the President of the United States;
if he approve he shall sign it, but if not he shall return
it, with his objections, to that house in which it shall
have originated, who shall enter the objections at large on
their journal and proceed to reconsider it. If after such
reconsideration two-thirds of that house shall agree to
pass the bill, it shall be sent, together with the objections,
to the other house, by which it shall likewise be recon-
sidered, 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
OUTLINES OF CIVIL GOVERNMENT 139
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.
(25) Every order, resolution, or vote to which the con-
currence 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 POWERS GRANTED TO CONGRESS
(26) The Congress shall have power to lay and collect
taxes, duties, imposts, and excises, 1 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;
(27) To borrow- money on the credit of the United
States ;
(28) To regulate commerce with foreign nations and
among the several States, and with the Indian tribes;
(29) To establish an uniform rule of naturalization,
and uniform laws on the subject of bankruptcies through-
out the United States;
(30) To coin money, regulate the value thereof, and of
foreign coin, and fix the standard of weights and measures ;
1 Duties and imposts are taxes laid upon goods imported ; tariff
is a more common term. Excise duty is tax laid upon home
products, and is called internal revenue.
140 OUTLINES OF CIVIL GOVERNMENT
(31) To provide for the punishment of counterfeiting
the securities and current coin of the United States;
(32) To establish post-offices and post-roads;
(33) To promote the progress of science and useful
arts by securing for limited times to authors and inventors
the exclusive right to their respective writings and
discoveries ; !
(34) To constitute tribunals inferior to the Supreme
Court ;
(35) To define and punish piracies and felonies com-
mitted on the high seas and offences against the law of
nations ; 2
(36) To declare war, grant letters of marque and re-
prisal, and make rules concerning captures on land and
water ;
(37) To raise and support armies, but no appropriation
of money to that use shall be for a longer term than two
years ;
(38) To provide and. maintain a navy;
(39) To make rules for the government and regulation
of the land and naval forces ;
(40) To provide for calling forth the militia to execute
the laws of the Union, suppress insurrections, and repel
invasions:
1 Authors and inventors have the right to control the sale of
their books or inventions for a term of years, by securing from
the United States government copyright or patent.
2 Federal courts try all crimes committed on "high seas"-
i. e., oceans^ great lakes and larger rivers; also those offences
committed by its citizens against other nations.
OUTLINES OF CIVIL GOVERNMENT 141
(41) To provide for organizing, arming, and disciplin-
ing l 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 appointment of the
officers, and the authority of training the militia accord-
ing to the discipline prescribed by Congress;
(42) 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 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, dockyards, and other needful build-
ings ; and
(43) To make all laws which shall be necessary and
proper for carrying into execution the foregoing powers,
and all other powers vested by this Constitution in the
Government of the United States, or in any department or
officer thereof.
SECTION IX POWERS DENIED UNITED STATES
(44) The migration or importation of such persons as
any of the States now existing shall think proper to admit
shall not be prohibited by the Congress prior to the year
one thousand eight hundred and eight, but a tax or duty
may be imposed on such importation, not exceeding ten
dollars for each 2 person.
1 "Disciplining" form of training prescribed by the Federal
Government.
2 One of the three great compromises in the Constitution.
142 OUTLINES OF CIVIL GOVERNMENT
(45) The privilege of the writ of habeas corpus l shall
not be suspended, unless when in cases of rebellion or
invasion the public safety may require it.
(46) No bill of attainder or ex post facto law shall be
passed. 2
(47) No capitation 3 or other direct tax shall be laid,
unless in proportion to the census or enumeration herein-
before directed to be taken.
(48) No tax or duty shall be laid on articles exported
from any State.
(49) No preference shall be given by any regulation of
commerce or revenue to the ports of one State over those
of another; nor shall vessels bound to or from one State
be obliged to enter, clear, or pay duties in another.
(50) No money shall be drawn from the Treasury but
in consequence of appropriations made ^by law; and a
regular statement arid account of the receipts and expendi-
tures of all public money shall be published from time to
time.
(51) 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 Con-
gress, accept of any present, emolument, office, Dr title, of
any kind, whatever, from any king, prince, or foreign
State.
SECTION X POWERS DENIED TO THE STATES
(52) No State shall enter into any treaty, alliance, or
1 A provision insuring an accused person a speedy trial.
2 See note 5, p. 143.
3 Head or poll tax.
OUTLINES OF CIVIL GOVERNMENT 143
confederation; 1 grant letters of marque and reprisal; 2
coin money; emit bills of credit; 3 make anything but
gold and silver coin a tender 4 in payment of debts; pass
any bill of attainder, 5 ex post facto* law, 6 or law impairing
the obligation of contracts, 7 or grant any title of nobility.
1 "Treaty, alliance, confederation," a formal contract be-
tween two governments regarding certain subjects, as a treaty
of peace, an alliance for war, a confederation or union for pur-
pose of government. "Agreement or compact," a less formal
contract, yet prohibited.
2 Letters of marque and reprisal. The United States govern-
ment during a war may commission (by letters of marque and
reprisal) private owners of ships to seize armed or unarmed
vessels of the enemy. Privateering, as this is called, is growing
less common among civilized nations. It was abolished by Euro-
pean nations by the Treaty of Paris, 1853, which was not accepted
by the United States.
3 Bills of credit are promises to pay, without actual security,
issued by a government. Example : United States Treasury notes
or "greenbacks."
4 Tender, jnedium.
5 "Bill of attainder is a conviction by the Legislature, instead
of a court, for an alleged crime with judgment of death." In
England the person convicted was declared "attainted," his blood
"corrupted" so that his heirs were cut off from civil and political
rights, and therefore could not inherit his property which fell to
the Crown. In the United' States no such bill is possible. The
heirs of the worst criminal may inherit his property and possess
the civil and political rights of any citizen.
* Also forbidden the United States.
6 Ex post facto law. If a law is passed which makes provisions
for the punishment of an act committed in the past, not then vio-
lating any law; or if it increases the penalty of a crime above the
penalty when the crime was committed, such a law is an ex post
facto law, and as such is prohibited.
7 Impairing the obligation of contract. A contract is an agree-
ment to do or to refrain from doing certain things, for a con-
sideration. If by a change in law a man owing a debt which he
had promised to pay should be freed from its payment such a law
would "impair the obligation of contract." The state, then,
cannot pass such a law.
144 OUTLINES OF CIVIL -GOVERNMENT
(53) No State shall, without the consent of Congress,
lay any imposts or duties l on imports or exports, except
what may be absolutely necessary for executing its inspec-
tion laws; 2 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.
(54) No State shall, without the consent of Congress,
lay any duty of tonnage, 3 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 EXECUTIVE DEPARTMENT : PRESIDENT ; VICE-PRESIDENT
(55) 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:
(56) Each State shall appoint, in such manner as the
legislature thereof may direct, a number of electors, equal
1 Imposts, duties, used synonymously, meaning a tax of a cer-
tain per cent.
2 Inspection laws are necessary to prevent bringing into a state
goods of a poor quality, harmful to the people, as adulterated or
tainted foods, etc. This is one of the police powers o.f the state.
3 Tonnage, taxes according to the number of tons a vessel
holds.
OUTLINES OF CIVIL GOVERNMENT 145
to the whole number of Senators and Representatives to
which the State may be entitled in the Congress; but no
Senator or Representative, or person holding an office of
trust or profit under the United States, shall be appointed
an elector.
[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 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 government
of the United States, directed to the President of the
Senate. The President of the Senate shall, in the pres-
ence of the Senate and House of Representatives, open all
the certificates, and the votes shall then be counted. 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 imme-
diately 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
146 OUTLINES OF CIVIL GOVERNMENT
remain two or more who have equal votes, the Senate
shall choose from them by ballot the Vice-President. ] l
(57) 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.
(58) No person except a natural-born citizen, or a citi-
zen 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.
(59) 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 pro-
vide for the case of removal, death, resignation, or ina-
bility, both of the President and Vice-President, declaring
what officer shall then act as President, and such officer
shall act accordingly until the disability be removed or
the President shall be elected.
(60) The President shall, at stated times, receive for
his services a compensation, which shall neither be in-
creased nor diminished during the period for which he
may have been elected, and he shall not receive within
that period any other emolument from the United States
or any of them.
(61) Before he enter on the execution of his office he
shall take the following oath or affirmation:
1 This clause of the Constitution has been amended. See
twelfth article of the amendments.
OUTLINES OF CIVIL GOVERNMENT 147
"I do solemnly swear (or affirm) that I will faithfully
execute the office of President of the United States, and
will to the best of my ability preserve, protect, and defend
the Constitution of the United States."
SECTION II POWERS OF PRESIDENT
(62) 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 writ-
ing, 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.
(63) 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 nomi-
nate, and, by and with the advice and consent of the
Senate, shall appoint ambassadors, other public ministers
and consuls, judges of the Supreme Court, and all other
officers of the United States, whose appointments are not
herein otherwise provided for, and which shall be estab-
lished 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 departments.
(64) 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.
148 OUTLINES OF CIVIL GOVERNMENT
SECTION III DUTIES OF PRESIDENT
(65) 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 nec-
essary 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 officers of the
United States. 1
SECTION IV IMPEACHMENT
(66) The President, Vice-President, and all civil 2
officers of the United States shall be removed from office
on impeachment for and conviction of treason, bribery,
or other high crimes and misdemeanors.
ARTICLE III
SECTION I JUDICIAL DEPARTMENT : UNITED STATES COURTS
(67) 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 estab-
lish. 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 compen-
sation which shall not be diminished during their contin-
uance in office.
1 Commission is a certificate of appointment to office which
President signs.
2 Civil officers. See Part III, p. 84.
OUTLINES OF CIVIL GOVERNMENT 149
SECTION II JURISDICTION OF UNITED STATES COURTS
(68) 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
admiralty and maritime jurisdiction; to controversies to
w r 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 lands under
grants of different States, and between a State, or the
citizens thereof, and foreign States, citizens, or subjects. 1
* No suit can be brought against a state by a person. Am.,
Art. XI.
* Removal. Certain cases begun in a state court may be
removed or retried in a Federal court if it is believed that strong
local feeling hinders justice. These are: cases arising (1) be-
tween citizens of different states ; (2) between citizens of same
state claiming lands under grants of -different states; (3) between
a citizen of a state and a foreign state, citizens or subjects thereof
(68). Such cases may also have their first trial before a Federal
court. Appeals. An appeal can be made to the Federal courts
only after the highest state court has passed its judgment upon
the case, then in but two cases : first, when in the course of the
trial any question has arisen in a state court of the validity of the
Constitution, laws, and treaties of the United States, and the state
court has decided against their validity; second, when in the
course of the trial, any question has arisen in a state court of
state laws or constitution conflicting with the Constitution, laws
or treaties of the United States, and the state court has sustained
the former against the latter. "In either case, if the state courts
vindicate (sustain) the Federal law questioned it is enough ; if not,
the trial is before the Federal courts." (Coolev's "Constitu-
tional Limitations.")
150 OUTLINES OF CIVIL GOVERNMENT
(69) In all cases affecting ambassadors, other public
ministers and consuls, and those in which a State shall be
a party, the Supreme Court shall have original jurisdic-
tion. In all the other cases before mentioned the Supreme
Court shall have appellate jurisdiction, both as to law and
fact, with such exceptions and under such regulations as
the Congress shall make.
(70) The trial of all crimes, except in cases of impeach-
ment, shall be by jury; and such trial shall be held in the
State where the said crimes shall have been committed;
but when not committed within any State, the trial shall
be at such place or places as the Congress may by law
have directed.
SECTION III TREASON
(71) 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 confession in open
court.
(72) The Congress shall have power to declare the
punishment of treason, but no attainder [conviction] of
treason shall work corrupt! on of blood or forfeiture except
during the life of the person attained.
ARTICLE IV
THE STATES AND THE FEDERAL GOVERNMENT
SECTION I STATE RECORDS
(73) 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
OUTLINES OF CIVIL GOVERNMENT 151
laws prescribe the manner in which such acts, records,
and proceedings shall be proved, and the effect thereof.
SECTION II PRIVILEGES OF CITIZENS, ETC.
(74) The citizens of each State shall be entitled to all
privileges and immunities of citizens in the several States.
(75) 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.
(76) No person held to service or labor in one State,
under the laws thereof, escaping into another, shall, in
consequence of any law or regulation therein, be dis-
charged 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 NEW STATES AND TERRITORIES
(77) 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.
(78) 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.
152 OUTLINES OF CIVIL -GOVERNMENT
SECTION IV GUARANTEE TO STATES
(79) 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 l (when the legisla-
ture cannot be convened), against domestic violence.
ARTICLE V
POWER OF AMENDMENT
(80) The Congress, whenever two-thirds of both houses
shall deem it necessary, shall propose amendments to this
Constitution, or, on the application of the legislatures of
two-thirds of the several States, shall call a convention for
proposing amendments, which in either case shall be valid
to all intents and purposes as part of this Constitution,
when ratified by the legislatures of three-fourths of the
several States, or by conventions in three-fourths thereof,
as the one or the other mode of ratification may be pro-
posed by the Congress, provided that no amendments
which may be made prior to the year one thousand eight
liundred and eight shall in any manner affect the first and
fourth clauses in the ninth section of the first article; and
that no state, without its consent, shall be deprived of its
equal suffrage in the Senate.
ARTICLE VI
PUBLIC DEBT; SUPREMACY OF CONSTITUTION; OATH OF OFFICE;
RELIGIOUS TEST
(81) All debts contracted and engagements entered into,
before the adoption of this Constitution shall be as valid
1 /. ., Governor.
OUTLINES OF CIVIL GOVERNMENT 153
against the United States under this Constitution as under
the confederation.
(82) This Constitution, and the laws of the United
States which shall be made in pursuance thereof, and all
treaties made, or which shall be made, under the authority
of the United States, shall be the supreme law of the land ;
and the judges in every State shall be bound thereby, any-
thing in the Constitution or laws of any State to the con-
trary notwithstanding.
(83) The Senators and Representatives before men-
tioned, and the members of the several State legislatures,
and all executive and judicial officers both of the United
States and of the several States, shall be bound by oath or
affirmation to support this Constitution; but no religious
test shall ever be required as a qualification to any office
or public trust under the United States.
ARTICLE VII
RATIFICATION OF THE CONSTITUTION
(84) The ratification of the conventions of nine States
shall be sufficient for the establishment of this Constitu-
tion between the States so ratifying the same.
Done in convention by the unanimous consent of the
.States present, the seventeenth day of September,
in the year of our Lord one thousand seven hun-
dred and eighty-seven, and of the independence of
the United States of America the twelfth. In wit-
ness whereof, we have hereunto subscribed our
names.
GEORGE WASHINGTON,
President, and Deputy from Virginia.
154 OUTLINES OF CIVIL GOVERNMENT
New Hampshire John Langdon, Nicholas Oilman.
Massachusetts Nathaniel Gorham, Rufus King.
Connecticut William Samuel Johnson, Roger Sherman.
New York Alexander Hamilton.
New Jersey William Livingston, 'David Brearly, Wil-
liam Patterson, Jonathan Dayton.
Pennsylvania Benjamin Franklin, Thomas Mifflin,
Robert Morris, George Clymer, Thomas Fitzsimons,
Jared Ingersoll, James Wilson, Gouverneur Morris.
Delaware George Read, Gunning Bedford, Jr., John
Dickinson, Richard Bassett, Jacob Broom.
Maryland James McHenry, Daniel of St. Thomas Jen-
ifer, Daniel Carroll.
Virginia John Blair, James Madison, Jr.
North Carolina William Blount, Richard Dobbs
Spaight, Hugh Williamson.
South Carolina John Rutledge, Charles Cotesworth
Pinckney, Charles Pinckney, Pierce Butler.
Georgia William Few, Abraham Baldwin.
Attest: William Jackson, Secretary,
OUTLINES OF CIVIL GOVERNMENT 155
AMENDMENTS
(FIRST TEN AMENDMENTS A "BILL OF RIGHTS")
ARTICLE I
PERSONAL RIGHTS
(85) Congress shall make no law respecting an estab-
lishment of religion, or prohibiting the free exercise
thereof; or abridging the freedom of speech or of the
press; 1 or the right of the people peaceably to assemble,
and to petition the government for a redress of grievances. 2
ARTICLE II
ARMING
(86) 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
QUARTERING SOLDIERS
(87) No soldier shall, in time of peace, be quartered in
any house without the consent of the owner, 3 nor in time
of war, but in a manner to be prescribed by law.
1 Freedom of speech or of the press does not mean slander and
libel
2 The right to assemble and petition for redress of grievances
was important in time of such a king as James I, and Charles I
of England.
3 Quartering of troops on citizens was a grievance at time of
Revolution.
156 OUTLINES OF CIVIL GOVERNMENT
ARTICLE IV
PERSONAL AND PROPERTY RIGHTS
(88) The right of the -people to be secure in their per-
sons, houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated, and no war-
rants shall issue but upon probable cause, supported by
oath or affirmation, and particularly describing the place
to be searched, and the person or things to be seized. 1
ARTICLE V
TRIAL FOR CRIME
(89) No person shall be held to answer for a capital or
otherwise infamous crime, unless on a presentment or in-
dictment of a grand jury, 2 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; 3 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
1 Before the Revolution general warrants had been issued to
revenue officers allowing the seizure of property or persons at
their discretion. A warrant according to law, either for arrest
of person or seizure of property, describes the place to be
searched or the person or thing to be seized, and is made out
only upon "probable cause supported by oath or affirmation" of
the accuser.
2 Presentment, indictment, accusation by grand jury.
3 If a jury pronounces a man "not guilty" he cannot be retried
for that crime unless it can be shown that the trial was not
according to law.
OUTLINES OF CIVIL GOVERNMENT 157
of law; nor shall private property be taken for public use
without just compensation. 1
ARTICLE VI
TRIAL BY JURY IN CRIMINAL CASES J WITNESSES
(90) 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 wit-
nesses against him ; to have compulsory process for obtain-
ing witnesses in his favor, and to have the assistance of
counsel for his defence.
ARTICLE VII
TRIAL BY JURY IN CIVIL SUITS
(91) In suits at common law, where the value in con-
troversy 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. 2
1 Private property may be taken for public use by a just com-
pensation. (See Eminent Domain, Part II, p. 48.)
2 Common law is that law which is "founded upon customs, the
decisions regarding those customs handed down from courts of
one generation to another, modified to suit the change of circum-
stances. Statute law is the laws passed by legislative bodies. A
court of common law, then, interprets both kinds of law, and
follows a certain form or procedure in the trial of cases.
158 OUTLINES OF CIVIL GOVERNMENT
ARTICLE VIII
BAIL, FINES, ETC.
(92) Excessive bail shall not be required, nor excessive
fines imposed, nor cruel and unusual punishments inflicted.
ARTICLE IX
RIGHTS NOT ENUMERATED
(93) The enumeration in the Constitution of certain
rights shall not be construed to den} 7 or disparage others
retained by the people.
ARTICLE X
REMAINING RIGHTS OF STATES
(94) The powers not delegated to the United States by
the Constitution, nor prohibited by it to the States, are
reserved to the States respectively or to the people.
ARTICLE XI
A STATE NOT A DEFENDANT
(95) 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.
ARTICLE XII
ELECTION OF PRESIDENT AND VICE-PRESIDENT BY CONGRESS
(96) The electors shall meet in their respective States
and vote by ballot for President and Vice-President, one
OUTLINES OF CIVIL GOVERNMENT 159
of whom, at least, shall not be an inhabitant of the same
State with themselves; they shall name in their ballots the
person voted for as President, and in distinct ballots the
person voted for as Vice-President, and they shall make
distinct lists of all persons voted for as President and
of all persons voted for as Vice-President, and of the
number of votes for each; which lists they shall sign
and certify, and transmit sealed to the seat of 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 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 per-
sons having the highest numbers not exceeding three on
the list of those voted for as President, the House l of
1 Election of President by the House. If the candidate for the
presidency fail of such majority (/. e., majority of whole num-
ber of electors) the House must choose from the three candi-
dates having the largest number of votes. A quorum or the
requisite number present for the purpose of election consists of
one (or more) members from two-thirds of the states. Each
state has but one vote cast as its repres'entatives can agree ; a
majority vote of all the states is necessary for a choice. If the
House fails to elect a President before the fourth of March fol-
lowing, the Vice-President elect acts as President (96). Election
of Vice-President by Senate. If there is no Vice-President chosen
by the electors the Senate chooses from the two candidates hav-
ing the highest number of votes; as in the House "a quorum for
the purpose consists of two-thirds of the whole number of Sena-
tors, and a majority of the w 7 hole number shall be necessary to a
choice" (97).
160 OUTLINES OF CIVIL GOVERNMENT
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 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.
(97) The person having the greatest number of votes as
Vice-President shall be the Vice-President, if such num-
ber be a majority of the whole number of electors ap-
pointed; 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 con-
sist of two-thirds of the whole number of Senators, and a
majority of the whole number shall be necessary to a
choice. But no person constitutionally ineligible to the
office of President shall be eligible to that of Vice-Presi-
dent of "the United States.
ARTICLE XIII
SECTION I SLAVERY
(98) Neither slavery nor involuntary servitude, except
as a punishment for crime whereof the party shall have
been duly convicted, shall exist within the United States
or any place subject to their jurisdiction.
OUTLINES OF CIVIL GOVERNMENT 161
SECTION II
(99) Congress shall have power to enforce this article
by appropriate legislation.
ARTICLE XIV
SECTION I EQUAL PROTECTION TO CITIZENS OF UNITED STATES
(100) All persons born or naturalized in the United
States, and subject to the jurisdiction thereof, are citizens
of the United States and of the State wherein they reside.
No State shall make or enforce any law which shall
abridge the privileges or 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 pro-
tection of the laws.
SECTION II REPRESENTATION
(101) Representatives shall be apportioned among the
several States according to their respective numbers,
counting the whole number of persons in each State,
excluding Indians not taxed. But when the right to vote
at any election for the choice of electors for President and
Vice-President of the United States, Representatives in
Congress, the executive and judicial officers of a State, or
the members of the legislature thereof, is denied to any of
the male inhabitants of 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.
162 OUTLINES OF CIVIL GOVERNMENT
SECTION III PARTICIPANTS IN REBELLION
(102) No person shall be a Senator or Representative
in Congress, or elector of President and Vice-President,
or hold any' office, civil or military, under the United
States or under any State, who, having previously taken
an oath as a member of Congress, or as an officer of the
United States, or as a member of any State legislature, or
as an executive or judicial officer of any State, to support
the Constitution of the United States, shall have engaged
in insurrection or rebellion against the same, or given aid
or comfort to the enemies thereof. But Congress may,
by a vote of two-thirds of each house, remove such
disability.
SECTION IV DEBTS -
(103) 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 sup-
pressing insurrection or rebellion, shall not be questioned.
But neither the United States nor any State shall assume
or pay any debt or obligation incurred in aid of insurrec-
tion 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.
SECTION v
(104) The Congress shall have power to enforce, by
appropriate legislation, the provisions of this article.
OUTLINES OF CIVIL GOVERNMENT 163
ARTICLE XV
SECTION I ELECTIVE FRANCHISE
(105) 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.
SECTION II
(106) The Congress shall have power to enforce this
article by appropriate legislation.
INDEX
PAGE
Administrative Officers of a City ...... 27
Admission of States ........ 67
Agricultural Department . . . . . . . 119
Aldermen . 27
Ambassadors .......... 105
Amendment to Constitution . . . . . . 78
Amendment to a State Constitution 46
Appeal of Cases . . . . . . . . . 62
Appeals, Court of 60
Appellate Jurisdiction 126
Apportionment to House ....... 83
Appropriations ......... 91
Armies, Power of Congress to Raise . . . . . 91
Arraignment .......... 61
Articles of Confederation . . . . . J 77
Arguments .......... 62
Assessment of Taxes n
Assessor of Taxes :
of Township 9, n, 21
of City 28
Attorney-general 54, 115
Attorney, State's 54
Auditor :
of City 28
of County 17, 21
of Township
of State 54
Bail 61
Ballot : 7
Australian System 7
Short Ballot 28
Bank, National . . no
Bank Notes no
Bankruptcy 9 2
Bench of Supreme Court ....... 126
Bill 9A 93
INDEX 165
Bill of Attainder ......
PAGE
Bill of Rights .
Board of Aldermen .....
Board of Education .....
Boards of State ...
Boston Charter
Borough
. . . 78
. % . . 27
, 13, 28
53
29
26
. 8c, 04
Budget
Bureaus of Departments ....
Bv-laws .
III
114,115
6
Cabinet 97
Canvassing Vote 7
Caption or Poll Tax ........ 10
Cases :
Appealed . . . . . . ... 57, 60, 62
Civil 57
Criminal ......... 58
Removed ......... 57
Caucus or Primary ........ 5
Census ........... 119
Charter :
Town or Village ........ 5
City 26
Colonial 45
Check List 7
Circuits ........... 125
Cities :
Growth .......... 26
Citizens, Rights of . 75
Citizenship 48
City :
Council .......... 27
Courts . 29
Government ......... 27
Civil Officers 84
Civil Suits 57
Civil Service Laws . . . . . . . . 101
166 INDEX
PAGE
Clerk :
of City 28
of County Court ........ -18, 21
of House of Representatives 84
of Township ......... 8
of Supreme Court . . . . . . . . 60, 67
Coinage, Metals 108
Collection of Taxes . . . . . . . 4, n
Collector of Taxes . ' 9, 11,21,28
Colonies, Early Government . . . . . . ' 45
Columbia, District of 65
Commander-in-chief of Army and Navy . . . . 100
Commerce, Regulated by Congress ..... 92
Commission .......... 148
Commissioners :
County . . . . . . . . . . 16, 21
Federal 125
Fire 28
Streets . 28
Water . 28
Committees :
of Congress 93, 94
of Schools 13
Complaint .......... 60
Comptroller, or Controller 17, 54
Confederation, Articles of ....... 77
Congressional Districts ....... 83
Congress :
Branches of ......... Si
Election of President by 95
Extra Sessions 81
Powers of ......... 79
Conservation . . . . . . . . . 118
Constables 14
Constitution, Federal ........ 78
Adoption 78
Described 77
Formation ......... 77
Oath to Support 78
Constitution, State 45
Described ......... 45
How Framed ......... 45
Amendment ......... 46
INDEX
167
PAGE
. AC, 78
Consular Districts . . .
106
106
Copyright
92
. 17, 21
r
Corporation Tax . . . . . x
. . 107
Counterfeiting
9 2
Council :
City
26
r-3
Territorial .......
. . 66
62
County Government of New England :
16
Auditor ........
17
Commissioners ......
16
Coroner
17
Other Officers . . . . . .
17, 18
School Superintendent
17
Shire Town, or Seat .....
16-
17
County Government :
Mixed System
2 3
Southern , . .
20
Courts :
Circuit
60
City ^
29
Criminal .......
59
Justice's . . . . .
. 14
Other Courts
60, 127
Police Court
59
Supreme Court of State . . .
60
Supreme Court of United States .
. 126
United States Circuit Courts . .
125
United States District Court . . . .
124
United States Court of Appeals
. ; 125
State Court of Appeals . . . .
60
Courts-martial
84
Customs . . . . . . .
. 9, 107
Customs Districts .
108
Criminals . .
57
168 INDEX
PAGE
Debate . 6
Defendant . 61
Delegate, Territorial . . . . . . . . 65, 67
Democracy, Pure ......... 6
Departments :
Agriculture no
City 27
Commerce and Labor . . . . . . . 120
Government 27
Interior 112, 117
Judiciary ......... 123
Justice 115
Navy n$
Post Office 116
State 105
Treasury . . . . . . . . 106
War 114
District Attorney 1 8, 67, 125
District, Congressional 83
District or Circuit Courts 60
District Judge 124
District Court of United States 124
District of Columbia ........ 65
Domain, Eminent .......... 48
Duties, Excises ........ 107, 139
Diplomats 105
Education of Children ........ 13
" Elastic Clause" 92
Election :
Method, Plurality, Majority 7
President ......... 98
Representative 82
Senator 87
State Legislators ........ 51
Territorial Legislators 66
Township Officials ....... 5
Electors '. 98
Eminent Domain ......... 48
Enabling Act , 68
Equalizing Boards .... ... 17
INDEX
169
PAGE
Excise Duty .........
107, 139
Executive Department of Government
5 2
Officers of State :
Attorney General
54
Auditor or Controller
54
Treasurer . . .
54
Superintendent of Schools . * .
54
Officers of Federal Government :
Cabinet
97
President . . . .
9*
10
Ex Post Facto Law
H3
Extra Sessions of Congress .
IOI
Federal Plan, City Government .....
28
Fines ..........
Finance ..........
QI
Forestry, Bureau of .......
I2O
Forms of Government .......
3
Functions of City Government
26
Franchise :
Elective . . . . ...
o
40
Privileges Granted . . "
27
Free Silver .
109
German Bundesrath
88
Governor of State :
52
Powers of
53
Veto
53
Gold Coinage Free
. 109
Gold or Silver Certificate
108
Grand Jury
61
A7
Habeas Corpus ........
61
8
House of Representatives .
51,82
House of Representatives :
Members . . . e
82
Speaker .........
84
170 INDEX
PAGE
Idiots ........... 49
Impeachment . . , . 84, 89
Imposts, Duties '. . 107, 144
Incorporation :
City 26
Township or Village . . . . . . . 5, 26
Indictment .......... 61
Indians ........... 118
Indirect Taxes 9
Insane ........... 12
Internal Revenue 9, 107
Internal Revenue Districts ....... 107
Judiciary, Federal 123
Courts :
Circuit 125
Circuit Court of Appeals 126
District . . . . . . . . . 124
Supreme . 126
Judges :
Associate Justices . . . . . . . 126
Circuit . . 125
Chief Justice 126
District 124
Jurisdiction 124
Judiciary, State . 57
Courts :
Appeals 60
County, or Municipal . 59
District or Circuit 60
Local 59
Probate 58, 60
Superior Court of Record 59
Supreme ......... 60
Judiciary of a City ........ 29
Judges of County Courts 17
Judges 5 8
Justice of Peace 14
Judiciary, Territorial 67
Courts :
Court of Record 67
Justice's . 67
Supreme ......... 67
INDEX
171
Grand
Petit
61
58, 61
59, 61
Land Survey ' . 24
Legislative Department :
Scope of Law Making
General or Special .
House of Representatives
Senate
Federal ... 79
Territorial .... ... 66
Liberty, Personal 75
Licenses 9
Lieutenant Governor ........ 53
Lobbying .......... 94
Local Government 3
Majority .......... 7
Marshal 67, 125
Marque and Reprisal 143
Mayor, Duties of 27
Message of Governor 53
Message of President ioo
Middle Atlantic States ......... 23
Militia of State . . . - . . . . . 18
Militia of State : Power of President to call . . . 91, 100
Mints no
Minority President ........ 99
Mixed, Town County Government 23
Moderator 6
Money and Coinage 108
National Banks no
National Government ......... 77
Naturalization of Aliens 49
Navy 91
New York 23
Nobility, Title of 49
172 INDEX
PAGE
Oath of Office 78
Ordinances . . . . . . . . . 6, 27
Original Jurisdiction 59, I2 6
Overseers of Poor :
of County . . . . . . . . . 17, 21
of Township ......... 12
Paper Money, Currency 108
Pardon, Power of ......... IQI
Patents 92, 119
Paupers 12
Pensions .......... 119
Pennsylvania .......... 23
Petit Jury . . . . . . __ . . . . 61
Piracy, Punished by Congress ...... 92
Plaintiff 57
Plea 62
Plurality or Majority Vote 7
Police I . 28
Police Power of State 48
Polling Places 26
Poll or Personal Tax 10
Postmasters, General 116
Post Office Department 116
Post Roads . . n6
Poor and Unfortunate ........ 12
Powers of Congress : 79, 91
of Governor .......... 52
of President . . ibo
of State Legislature ....... 47
Denied Federal Government ..... 79
Denied State Government ...... 47
Preamble to Constitution ....... 133
President :
How Elected 98
Inauguration of ........ 100
Message of 100
Minority President ........ 99
Powers and Duties of 100
Veto, Power of . . . . . . . 100
Who Succeeds 98
Qualifications ......... 98
INDEX
173
PAGE
Primary . . ' -
5
Procedure .
123
Property :
Personal . . . . .
. " 10
Real Estate
10
Protective Tariff
107
Public Lands ......
117
Qualifications of :
President ......
98
Representative
82
Senator ....*...
, . . . 87
137
Register of Deeds ......
18
Register of Probate .....
18
Registration of Wills, Deeds
18
Registrars, see Register '.
.
Registration of Voters .....
5
Relation of Federal to State Government
79
Relation of State to Local Government
. . . 46
Relation of Federal to State Government
. . . 46
Relation of Township to State
4
Representation :
in Congress
82
in State Legislature ....
51
Representative at Large ....
83
Reprieve, Power of .....
IOI
Reports, Town
6
Reporter of Supreme Court . . . .
... 60
Revenue Tariff ......
107
Riders to a Bill . . . ...
128
Schools :
Common ......
13
Military, Naval .....
115
Indians . .
119
Reform ..... 9 .
12
Superintendent of .
. 17,21,54
Secretary of State . .
53
Secretary of Territory .....
66
174 INDEX
PAGE
Seigniorage . . . . . . . . . . no
Selectmen 8
Senate .of United States ....... 87
Senatorial Districts . . . . . . . . 51
Senator :
State 51
United States 87
Spoils System . . 101
Sergeant-at-arms ......... 84
Sheriff 18,21
Shire Town 16
Short Ballot 28
Signal Service . . . . . . . . . 115
Slavery ........... 76
Soldiers, Sailors ......... 12
Speaker of House 84, 93
Spoils System ..... e ... 101
Staff, Governor's ... ..... 53
State :
Constitution . 45
Amendment ..<,..... 46
How Framed 45
Government ......... 45
Powers .......... 47
Representation ........ 87
State Legislature : 51
Powers 47
Powers Denied State . . . .... . 47
Two Branches . . ' 51
State Senate . . . . . . . . . . 51
State Senators ......... 51
States Admitted 67
State's Attorney 21, 54
Studies, Course of ........ 13
Suffrage, Right of : 48
Limitations . . . ... . . . 48
Woman Suffrage ........ 49
Superintendent of Schools :
County o . . . 17, 21
State . . 54
Township ......... 13
INDEX 175
PAGE
Supervisors of Townships 23
Supreme Court :
of a State 60
of United States 126
Survey of Land in West 23, 117
Surveyors of Highways ....... 8
Tariff :
Protective 107
Revenue 107
Taxation :
Direct 9
Indirect 9
Personal .......... 10
Poll 10
Property Exempted 10
Real Estate 10
Objects ii
Tax Assessors ......... n
Tax Collectors ......... n
Taxes, Power of Congress to Collect 79
Taxpayer's Share . n
Territory :
Acquired ......... 64
Admission to Statehood . 67
Executive ......... 66
Judiciary ......... 67
Legislature 66
Local Government ........ 67
Organized 65
Unorganized ......... 65
Town or Township Defined . . . . . . 4
Townships of New England : 4
Clerk 8
Constables 14
Elections . . . . . . . . 5
Justice of the Peace ....... 14
Meetings 6
Overseer of Poor ........ 12
School Committee . 13
Selectmen .'........ 8
Town of Middle States . 24
176 INDEX
PAGE
Towns of .Middle States:
of Northwest ......... 24
of South . 21
Treasurer of City : 28
of County ... . . . . . . . 17, 21
of Township 8
of State 54
Treasury Department . . . . . . . . 106
Treaties 89
Trustees of School 13
Trustees of Township 23
United States : 77
Beginnings ......... 77
Congress 81
Representatives 82
Senators .......... 87
Vacancy in Representation . . . . . . 83
Vacancy in Senate 88
Verdict of Jury ......... 62
Veto :
of Governor ......... 53
of Mayor .......... 28
of President ......... 100
Vice President 98
Voters : 48
Qualifications ......... 48
Residence 49
Sex 49
Who Are . . . . * 48
Voting Districts in South ........ 20
Voting Methods ......... 7
War: 91
Declared by Congress . . . . . . . 91, 114
Department of . 114
Prosecution of ........ 114
Wards 26
Warrant ' . 6, 61
Weather Bureau ...*..., 120
Wills, Registration of . 18
Witnesses ......... 62
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