i-X. V:''.: UC-NRLF *B 2T7 flhE ■ si aKl'. - m ImMvVaiiiJJf.Or T"E0HiSM ■ ' .■ - "l "'.'■■ '. ' / ;;•• • Mm r : ' •• •• litoii 4$ EDUCATION O&PT, THE YOUNG CITIZEN'S CATECHISM. THE YOUNG CITIZEN'S CATECHISM, EXPLAINING THE DUTIES DISTRICT, TOWN, CITY, COUNTY, STATE, AND UNITED STATES OFFICERS. TOGETHER WITH gttUs for f arltaMteji rtr tamcrrial ty&mu* DESIGNED FOR SCHOOLS. BY ELISHA P. HOWE. NEW-YORK: PUBLISHED BY A. S. BARNES & BURR, 51 & 53 JOHN STREET. 1861. . ' r ' '■ «*«••*« TKzz Entered according to Act of Congress, in the year 1860, by ELISHA P. HOWE, In the Clerk's Office of the District Conrt of the United States, for the Northern District of New York. ■BUCATlOtt DEFT, WILLIAM DENYSE, GEO. W. WOOD, Sterkotyi-kr and Ei.ECTKOTvrER, Printer, 183 William st. . New York. Corner Dutch and John streets. PREFACE. A majority of the children of a com- munity or of a state enjoy only the oppor- tunities afforded by common schools be- fore entering upon the duties of real life; and equally true is it, that this majority, who wield so mighty an influence over a state or nation, almost invariably leave the school-room and enter the various pursuits of life with but little or no knowledge of the practical principles that underlie the work- ings of all ordinary business transactions, and much more, of the government of the state or nation. In this respect, it is to be regretted that our common schools have not heretofore been more thoroughly practical, — most teachers having never been taught, and, having no text-book from which to teach, have passed opr ^his^ important matter, 5 PREFACE. though convinced that their pupils cannot be prepared for independent thought and action in any direction until they first learn it out of the school-room. Now this little volume is intended to sup- ply the deficiency which has heretofore ex- isted in this direction, in our school system ; and, instead of placing before the learner a large volume of confused matter, beyond the reach of his comprehension, the author has endeavored to suit it to his capacity, as well as to the capacity of the teacher, and is hopeful that it may be at once interesting and the means of inaugurating a system of business education. In conclusion, the author desires to make acknowledgment of the valuable services ren- dered by Cornell Crysler, Esq., in the prepa- ration of this work. E. P. II. Marcellus, N. Y. CONTENTS. fart |int Section I. — Civil Divisions, . . . .11 Section II. — Villages and Cities, ... 14 Section III.— Towns, . . . . .23 Section IV. — Counties, .... 33 Section V. — Chap. I. — States, . . .47 " Chap. II. — Representative Officers, 48 " Chap. III. — Judiciary, . . .58 " Chap. IV. — Executive, . . 61 Section VI. — Chap. I. — United States, . .71 * u Chap. II. — Judiciary, . . 83 " Chap. III.— Executive, . . .87 Declaration of Independence, ... 98 Constitution of the United States, . . 108 Dart Jtotfc, Parliamentary Practice, .... 14C (9) 10 CONTENTS. $Kt ffliirtr. Section I. — Promissory Notes and Bills of Ex- change, . • . . 156 Section II. — Deeds, . . . 170 Section III. — Mortgages, . . . .177 Section IV.— Wills, . . . . .182 Table on Interest, ..... 188 THE YOUNG CITIZEN'S CATECHISM. *mt Ji»t SECTION I. CIVIL DIVISIONS. How is the state of New York divided for civil and municipal purposes ?* Into counties, towns, cities, and villages. How for judicial and representative purposes ? Into districts. How for school purposes ? Into school districts. How are school districts erected by law ? The power to alter, annul, and form new districts lies with the school commissioners. * Although the questions refer to the State of New York, they apply to most other states of the Union. fill 1 2 THE YOUNG CITIZEN'S CATECHISM. What officers are to be elected in each school district? A district clerk, one (or three*) trustee, a collector, and a librarian. To what pay are school district officers entitled? To n: pt the collector, who receives one per cent, on all sums of pioney paid before i ration of fourteen days after receiving his warrant, and five per cent, on all sums collected after fourteen days, and, in case of a levy and Bale, travelling fees at the rate of r mile, t<> be computed from the school-house in his district. For how long a time are school district officers elected? For one year, except where there arc three trustees, when they (the trustees) are elected for a term of three years. What are the duties of the collector? To obey the directions contained in his war- rant. See Code of Public Instruction, p. 291. What are some of the duties of trustee* To see to the property of the district, hire re, make out taxes, and keep the school- house in repair. * As the district shall dct'jrnnue. CIVIL DIVISIONS. 13 Where may the duties of trustees be found in full ? In the Code of Public Instruction, p. 241. What are the duties of the district clerk ? To keep a record of the proceedings of the district meetings, and to preserve all books and papers belonging to the clerk. Where may his full duties be found ? On p. 240 in the Code of Public Instruc- tion. What duties arc required of the librarian? . To take, charge of the books belonging to the district, and report the number and con- dition to the trustees. Where may the duties of the librarian be found in full? In the Code of Public Instruction, p. 328. Where may be found the regulations concerning the use of books in district libraries, as prescribed by the superintendent of public instruction ? In the Code of Public Instruction, p. 331. Can the offices of trustee and librarian be held by the same person ? They can not. 14 THE YOUNG CITIZEN'S CATECHISM. SECTION II. VILLAGES AND CITIES. What is an incorporated village ? It is a collection of houses and inhabitants, holding a charter from the state, and having power to make local laws. What are its officers ? A hoard of five trustees, one of whom they elect as president ; a clerk ; three assessors ; a collector ; a pound-master ; a treasurer ; fire wardens, not exceeding five ; and three street commissioners, when such village shall be a separate road district. Must such officers take and subscribe the constitu- tional oath of office ? They must, and file the same with the clerk of such village, within ten days after notice of his election. How long is their term of office ? One year. What are the general duties of the trustees ? To provide for the care of public property ; % VILLAGES AND CITIES. 15 to see that the village officers perform their duties ; to fix the compensation of the officers. They also make by-laws for the regulation of the village. What compensation do they receive ? They do not receive pay. What are the general duties of clerk ? He shall have the custody of records, books, and papers of such village, attend all meet- ings of the trustees, and record the proceed- ings, file all papers, record all matters which he shall be required to record, attend all meet- ings of the electors of such village, and keep poll-list, and perform such other duties as shall be lawfully imposed on him by the by-laws. How is he paid ? His compensation is to be fixed by the by-laws of such village, which shall not ex- ceed the compensation allowed to the town clerk for similar services. What are the general duties of assessors ? They shall assess all sums of money to be raised by tax in such village, in the same manner, as nearly as practicable, as town 16 THE YOUNG CITIZEN 7 ^ CATECHISM. assessors, and they shall deliver the same to the trustees of such village within sixty days after the meeting at which such tax was directed to be raised. How are they paid ? They shall receive a compensation to be fixed by the by-laws of such village, which shall not exceed the compensation allowed to town assessors for similar services. AY hat aiv (lie duties of collector ? He shall execute to such village, by its cor- porate name, and deliver to the trustees thereof, a bond, with sureties approved by them, conditioned for the faithful perform- ance of his official duties ; he shall collect all sums of money required of him to collect, and pay over the same to the treasurer of such village, and make a written return of his warrant to the trustees. How La lie paid ? He shall receive a compensation, to be fixed by the by-laws of such village, which shall not exceed the compensation of the town col- lector for similar services. VILLAGES AND CITIES. 17 "What are the general duties of pound-master ? To restrain all animals which he shall find going at large in such village, in violation of the by-laws thereof, and keep them in his custody until they shall be disposed of accord- ing to law. How is he paid ? He is paid by fees, and also receives a reasonable compensation for feedmg such animals. What are the general duties of treasurer ? To execute a bond to such village by its corporate name, with sureties to be approved by the board of trustees, conditioned for the faithful performance of his official duties. He shall receive, and safely keep and pay out, all moneys belonging to such village, and keep account of the same, and preserve all vouchers filed in his office, and exhibit the same with his book of accounts at every annual meeting of the electors of such village, and at every special meeting when required to do so by any trustee. How is he paid ? He shall receive such compensation as is 18 THE YOUNG CITIZEN'S CATECHISM. fixed by the by-laws of tlie village, which compensation shall not exceed the compensa- tion of the county treasurer for similar ser- vices. What are the general duties of fire wardens? From time to time to examine the appara- tus for extinguishing fires in such village, and report their condition to the trustees; attend fires, and give directions in respect to the manner of extinguishing the same ; and they may, in the day-time, enter any building in which there shall be a fire-place, stove, or stove-pipe, for the purpose of examining the same, or upon any premises where ashes are kept ; and if they shall find any fire-place, stove, stove-pipe, or place for keeping ashes, unsafe, they shall report the same to the trus- tees. Are they entitled to any compensation ? They are not. What are the general duties of street commission- era ? m They shall, under the direction of the trus- tees, superintend the making and repairing of side-walks, the expenditure upon the streets VILLAGES AND CITIES. 19 of such village of the money raised for that purpose, and they shall perform the duties of the overseers of highways in such village. How are they paid ? They shall receive such compensation as shall be fixed by the by-laws of such village, not exceeding the compensation allowed to overseers of highways. Are there any other officers belonging to a village ? The foregoing are those provided by stat- ute, but others may be elected if any char- ter shall provide for their election. How are cities formed ? They are erected from villages by an act of the legislature. How are cities divided ? Into wards. Do cities elect to the same offices ? They do not. What officers do all cities elect ? A mayor and board of aldermen. For how long a term are mayors elected ? One year; except in New York and Al- 20 TIIE YOUNG CITIZEN'S CATECHISM. bany counties, where they are elected for a term of two years. Are the duties of mayor and other officers the same in all cities ? They are not, but are governed by their several charters. What general duties devolve upon mayors of all cities ? He is the executive officer of the city, pre- sides at the meeting of the common council, may perform marriage ceremony, cause to be kept all laws made for the preservation of the peace, issue process for the apprehension of persons charged with any offence, and exam- ine vagrants brought before him. What are the duties of policemen ? To arrest persons upon a process and bring them before police justice, take charge of prisoners, take them to the county jail, and such other duties as may devolve upon them from the laws of the city. . What other officers are elected in some cities? A clerk, recorder, and marshal. What are their general duties ? VILLAGES AND CITIES. 21 Their duties are peculiar to the charter and by-laws which create them. By whom are commissioners of deeds appointed ? The common council. What are their general duties'? To take the proof and acknowledgment of conveyances of real estate, and the discharge of mortgages, to take the acknowledgment of bail in any action in the supreme court, or of satisfaction of judgments in the court of common pleas, in their own county, and per- form such duties as the law of the city en- joins. What is the compensation of city officers ? It is such as their ordinances shall deter- mine. What are the duties of aldermen ? They shall examine beggars and vagrants brought before them, and cause to be kept all laws for the preservation of the peace; they have power and they issue process for the apprehension of persons charged with crime. What body do the mayor and aldermen form ? 22 THE YOUNG CITIZEN'S CATECHISM. The common council. What are the duties of the common council? They form the legislative body for the enactment of city laws, appoint and regulate the police, and such other duties as may de- volve upon them by virtue of their charter. Of what does the police consist ? A police justice, the chief of police, and policemen. What arc the duties of police justice? To try persons brought before him charged with crime, and render a decision according to the evidence given. What are the duties of the chief of police? He is, under the mayor, chief executive of the police department; he should see that the ordinances of the common council are obeyed, and have general direction of the police. Are any other officers elected in cities ? A supervisor is elected from each ward; and such others as may be required by each charter. TOWNS. 23 SECTION III. TOWNS. How are towns erected ? By the legislature, until 1849, when power was given to the several boards of super- visors, except in New York county, by a vote of all the members elected, to divide or alter the bounds of any town, or erect new ones when such division does not place parts of the same town in more than one assembly district. Where are the survey and map of alteration or erec- tion filed ? - In the office of the secretary of state. What officers are elected in each town not excepted by statute ? A supervisor, town clerk, three assessors, a collector, one (or three*) commissioner of highways, four justices of the peace, con- stables not exceeding five, one (or two*) overseer of the poor, a sealer of weights and measures, two inspectors of election, one over- seer of highways in each road district, and as many pound-masters as the electors shall de- termine. * As the electors may determine. 24 THE YOUNG CITIZENS CATECHISM. How are town officers elected ? The supervisor, town clerk, assessors, col- lector, overseers of the poor, commissioners of highways, and constables shall be elected by ballot. How shall the remainder he chosen ? Either by ballot, by ayes and noes, or by the rising or the dividing of the electors. For how long a term are town officers elected ? The assessors and highway commissioners''" are elected for three years, the justices of the peace for four years, and all others for one year. How are town officers paid ? By fees, or a per diem allowance for the time employed. What are some of the general duties of supervisors ? To receive and disburse the school and certain town moneys ; to sue for certain pen- alties given to his town; to keep account of moneys received and disbursed by him ; to account annually to justices and town clerk ; to attend meetings of the board of ° Where there is but one highway commissioner, he is elected for one year. TOWNS. 25 supervisors of his county ; to receive acts to be laid before the board ; to lay before the board of supervisors copies of entries re- ceived from the town clerk ; to cause survey and map of his town to be made, when re- quired by the state engineer and surveyor, under a forfeiture of fifty dollars ; they also form the board of county canvassers. What are some of the general duties of town clerk ? To keep records, books, and papers of the town, and to file papers ; to record minutes of the proceedings of town meetings ; to de- liver certified copies of certain entries to the supervisor ; to return to county clerk names of the constables elected in his town, under a fine of ten dollars ; to certify to copies of papers and transcripts. Who administers the oath of office to a justice of the peace ? The county clerk. When does his term commence ? Upon the first day of January ; unless he is elected to fill a vacancy. What are some of his powers and duties ? 2 26 THE YOUNG CITIZEN'S CATECHISM. He may take acknowledgment of convey- ances, administer oaths, issue a process against others, hold courts ; lie must meet with the town board to audit town accounts, and at- tend town meeting; and one of their number must preside and keep order. What officers compose the town board ? The supervisor, town clerk, and justices of the peace. How is the justice paid ? By fees. "What is his jurisdiction ? His territorial jurisdiction extends through- out the county for which he is elected, but he must reside in the town for which he is chosen ; and some of the parties, when resi- dents of the county, must reside in the same or adjoining town with the justice, and must not be related within the ninth degree of consanguinity or affinity ; and the recovery must not exceed one hundred dollars. What are the general duties of assessor? They may divide the town into convenient assessment districts; and between the first TOWNS. 27 days of May and July in each year shall, by inquiry, ascertain the names of all the taxa- ble inhabitants in the town, and the taxable property, real or personal, within the same. They shall prepare an assessment roll, in which they shall set down in four separate columns, as follows : In the first column, the names of all the taxable inhabitants in the town. In the second, the quantity of land to be taxed to each person. In the third, the full value of such land. In the fourth, the full value of all the tax- able personal property owned by such per- sons, after deducting the just debts owing to them. They may, if they deem it necessary, direct a survey of non-resident lands. They shall complete their roll on or before the first day of August in each year ; and, upon its completion, they shall post notices in three or more public places, stating that they have completed their assessment, and that a copy of it is in possession of one of the assessors, where it can be examined until the third Tuesday of August. 28 THE YOUNG CITIZEN'S CATECHISM. * What may a person do if lie considers the assess- ment of his property larger than its real value ? He can appear before the assessors upon the third Tuesday of August, and be heard by them, showing cause why he should not be thus assessed. What are some of the duties of the commissioners of highways ? They have the care of highways and bridges, direct repairs, regulate roads laid out and lay out new ones, alter them, direct roads used twenty years without record to be re- corded, keep bridges iu repair, divide towns into road districts, assign inhabitants to each district, require overseers to warn when they think proper, account to the town board, de- liver a statement of necessaiy improvements, cause mile-stones to be erected, cause guide- posts to be erected on post roads, and shall forfeit ten dollars for refusing to prosecute overseers. Under whose care are roads and bridges, more im- mediately ? An overseer of highways. What are his general duties ? TOWNS. 29 To notify persons, liable to appear upon the road, to work their tax, to see that the taxes are faithfully worked, to keep roads in good condition, to report to one of the com- missioners just previous to town meeting a faithful account of the work performed in his district. How many road districts may there be in a town ? As many as the commissioners of highways determine. From whom do the overseers receive tax lists ? The commissioners of highways. Do they receive pay ? They do not. What are the duties of overseer of the poor ? To provide for the support of indigent per- sons. How many constables may any town elect ? Any number not exceeding five. What are their powers and duties ? To serve process, to make arrests, to take charge of criminals and bring them to court, to attend higher courts upon the order of the 30 THE YOUNG CITIZEN *S CATECHISM. sheriff, and to lodge persons in jail when sentence shall have been passed. What is necessary before the collector can enter upon the execution of his duties ? He must execute a bond. What are its conditions ? It must be to the supervisor of the town, with one or more sureties approved of by the supervisor, in double the amount to be col- lected, and for the faithful execution of his duties. Suppose he fail to execute a bond within the proper time ? The office shall be deemed vacant. How may the vacancy be filled ? The supervisor and any two justices may appoint. What are some of his duties ? To obey the directions contained in his warrant, and immediately on the receipt of the warrant, to post notices in five public places where he will receive taxes. How is he paid ? TOWNS. ol He has one per cent, on all moneys that are paid in to him for the first thirty days after receiving his warrant, and five per cent, on all that are paid thereafter. How many inspectors of election does each town and ward elect ? Three. In what manner are they elected ? Each party places in nomination two candi- dates, and the two receiving the greatest number of votes are elected, and the one who received the greatest number of votes of another party is appointed. What are some of their duties ? They are to assemble and organize them- selves into a board by electing one of their number chairman, administering to each other the oath, duly open the polls and make proclamation of the same, appoint two clerks, administer to them the oath, receive the votes of the electors and deposit them in the boxes, at sunset to declare the polls closed, and then count the votes which each man has received, and report the result to the board of county canvassers. 32 THE YOUNG CITIZEN^ CATECHISM. Suppose a voter is challenged ? The inspectors administer the oath, and if he swears that he is a voter he may deposit his vote. What officers constitute the board to receive votes at a town meeting ? The justices and town clerk. Who acts as clerk ? The town clerk. What are the duties of the town sealer. To see that the standards of weights and measures are safely kept, and to see that all measures brought to him agree with his standards. Where does he receive his standards ? From the county sealer. What is done in case of a failure to elect any town officers ? The justices may appoint any officers ex- cept supervisor, overseer of the poor, over- seer of the highways, and collector. COUNTIES. 33 SECTION IV. COUNTIES. How are counties erected ? By the legislature. What are the names of the county officers ? Sheriff, county clerk, county treasurer, dis- trict attorney, superintendent of poor, loan commissioner, county sealer of weights and measures, four coroners, county judge, keeper of penitentiary or jail, at least one school commissioner for each county, and a surro- gate, wherever the population of the county exceeds forty thousand. How are they elected ? By ballot, at the general annual election, except county sealer of weights and measures, and the keeper of penitentiary or jail, who are appointed by the board of supervisors. How long do they hold their offices ? The loan commissioners hold their office two years, the judges and surrogate four years, and all others for a term of three years. 34 THE YOUNG CITIZEN'S CATECHISM. Can a sheriff hold any other office ? . He can not, and is ineligible to the office again for three years succeeding his term of service. What are the general duties of the sheriff? He must file an oath of office in the county clerk's office, and give a bond in the sum of ten thousand dollars;*"" lie shall have custody of the jail of his county ; he may call out militia to aid in serving process ; he must be present in person or by under-sheriff at the drawing of jurors, and must summon the same ; he must execute and return process ; he must send to the secretary of state a report of convicts, classed. assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expira- tion of the second year ; of the sec- ond class, at the expiration of the fourth year ; and of the third class, at the expiration of the sixth year ; so that one-third may be chosen every second year: and, if vacancies SHuSt happen by resignation or otherwise during the recess of the legislature 112 THE YOUNG CITIZEN^ CATECHISM. Qualifications of Senators. Vice Presi- dent to pre- side. Officers of Seuate. Trial of im- peachments. of any State, the executive thereof may make temporary appointments until the next meeting of the legis- lature, which shall then fill such va- cancies. 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 inhab- itant of that State for which he shall be chosen. The Vice President of the United States shall be President of the Sen- ate, but shall have no vote unless they be equally divided. The Senate shall choose their oth- er 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. The Senate shall have the sole power to try all impeachments. "When sitting for that purpose, they shall be on oath or affirmation. CONSTITUTION. 113 When the President of the United States is tried, the Chief Justice shall preside: and no person si i all be convicted without the concur- rence of two-thirds of the members present. Judgment in cases of impeach- £Jg££j!i ment 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 eon- 1 *** victed shall nevertheless be liable and subject to indictment, trial, judg- ment, and punishment, according to law. SECTION IV. The times, places, and manner of Elections 7 J- ' when and how holding elections for Senators and held * Representatives shall be prescribed in each State by the legislature there- of; but the Congress may at any time, by law, make or alter such regulations, except as to the places of choosing Senators. The Congress shall assemble at congress as- 114 THE YOUNG CITIZEN'S CATECHISM. sombie annu- Jeast once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day. SECTION Y. howScd. Eacn house shall be the judge of the elections, returns, and qualifica- » tions of its own members, and a Quorum. majority of each shall constitute a quorum to do business ; but a small- er number may adjourn from day to day, and may be authorized to corn- er 1 k^" P e l the attendance of absent mem- bers, in such manner, and under such penalties, as each house may provide. Rules. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, Expulsion. an d, with the concurrence of two- thirds, expel a member. StTndpub^ Each house shall keep a. journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment re* Yeas and • -i .i t nays. quire secrecy ; and the yeas and nays CONSTITUTION. 115 of the members of either house on any question shall, at the desire of one-fifth of those present, be entered on the journal. Neither house, during the session Adjourn- ° mcnts. of Congress, shall, without the con- sent 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. The Senators and Representatives shall receive a compensation for their compensa- *■ tion. 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 privilege, breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and return- ing from the same ; and for any speech or debate in either house, they shall not be questioned in any other place. 116 THE YOUNG CITIZEN'S CATECHISM. office. SScar 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 Officers of KTSabT 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. Revenue bins. All bills for raising revenue shall originate in the House of Represen- tatives ; but the Senate may propose or concur with amendments as on other bills. Resented to Every bill which shall have passed fh r e e p e r n es e ide°nt. the Hoage of Representatives an d the Senate, shall, before it become a law, be presented to the President of His powers the United States ; if he approve, he over them. ' - 1 -«• 1 . shall sign it ; but if not, he shall re- turn it, with his objections, to that house in which it shall have origi- CONSTITUTION. 117 nated, who shall enter the objections at large on their journal, and pro- ceed to reconsider it. If after such Proceedings reconsideration two-thirds of that °» llis v,!to - 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 reconsid- ered ; 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 bus to be r J J laws if not re- bill shall not be returned by the™ dinten President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law. Every order, resolution, or vote, to oTresoSns which the concurrence of the Sen- o* by the President. 118 THE YOUNG CITIZEN'S CATECHISM. Powers ot Congress to lay taxes — pay debts. General wel- fare. Duties uni- form. Borrow money. Commerce. ate and House of Representatives may be necessary, (except on a ques- tion of adjournment,) shall be pre- sented 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 Represen- tatives, according to the rules and limitations prescribed in the case of a bill. SECTION VIII. The Congress shall have power to lay and collect taxes, duties, imposts, and excises; to pay the debts, and provide for the common defence and general welfare of the United States : but all duties, imposts, and excises, shall be uniform throughout the United States; To borrow money on the credit of the United States ; To regulate commerce with for- eign nations, and among the several States, and with the Indian tribes ; Weights and measures. CONSTITUTION. 119 To establish a uniform rule of uat- Sr a,iza " uralization, and uniform laws on the subject of bankruptcies, throughout Bankruptcy. the United States ; To coin money, regulate the value ^^ raon °y- thereof, and of foreign coin, and fix the standard of weights and meas- ures ; To provide for the punishment of ^ icvMt - counterfeiting: the securities and cur- rent coin of the United States ; To establish post-offices and post Post roads - roads ; To promote the progress of science £3™£ n £* and useful arts, by securing, for lim- ited times, to authors and inventors the exclusive right to their respective writings and discoveries ; To constitute tribunals inferior to inferior courts. the Supreme Court ; To define and punish piracies and Piracies > &c - felonies committed on the high seas, and offences against the law of na- tions ; To declare war, grant letters of 22SKS^ marque and reprisal, and make rules tures * 120 THE YOUNG CITIZEN^ CATECHISM. concerning captures on land and water ; Raise armies. ^ Q ra | ge aR( J SU pp Q1 ^ arm ies '. but no appropriation of money to that use shall be for a longer term than two years ; Navy. rp p rov i c ] e anc i maintain a navy ; Rules and ar- To make rules for the government and regulation of the land and naval forces ; tides of war. Call out mili- tia. To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions ; organize and To provide for organizing, arm- govern mili- tia. ing, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States, respectively, the appointment miS S0 of the officers, and the authority of training the militia according to the discipline prescribed by Congress ; fSSon To exercise exclusive legislation in govermnelit. all cases whatsoever, over such dis- trict (not exceeding ten miles square) CONSTITUTION. 121 as may by cession of particular States, and the acceptance of Congress, be- come the seat of the government of the United States, and to exercise like authority over all places pur- chased by the consent of the legisla- ture of the State in which the same shall be, for the erection of forts, , , -, -. -, And over magazines, arsenals, dock-yards, and forts,arse»ato, ° ' \ J 1 docky'ds,&c. other needful buildings ; and To make all laws which shall be JSnSwS**' necessary and proper for carrying tatoJaSS?" into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the United Spates, or in any depart- ment or officer thereof. SECTION rx. The migration or importation ofSK^JS such persons as any of the States isos. 1 now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thou- sand eight hundred and eight; but a tax or duty may be imposed on 6 laws Direct taxes 122 THE YOUNG CITIZEN'S CATECHISM. such importation, not exceeding ten dollars for each person. Habeas cor- rpj^ p^gge Q f ^ ^ Q f J^ beas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may re- quire it. ex% n s d t C fac a to d ^° ^U °f attainder or ex post facto law shall be passed. No capitation or other direct tax shall be laid unless in proportion to the census or enumeration herein be- fore directed to be taken. 2*385**" ^° tax or ^ ut y sna ^ ^ e '**** on articles exported from any State. bcu^eTiThe No preference shall be given by any States. *\ » & J J 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. SntwTfr'om No money shall be drawn from the treasury but in consequence of appropriations made by law ; and a regular statement and account of the receipts and expenditures of all pub- the treasury. CONSTITUTION. 123 lie money shall be published from^ bopubli * h ' time to time. No title of nobility shall be granted *° **wr. by the United States : and no person holding any office of profit or trust under them, shall, without the con- sent of the Congress, accept of anyFom^pres- present, emolument, office, or title, of tle8 ' any kind whatever, from any king, prince, or foreign state. SECTION X. No State shall enter into any powers dc- , * nied to the treaty, alliance, or confederation ; states - grant letters of marque and reprisal ; coin money; emit bills of credit; make any thing but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obli- gation of contracts, or grant any title ^V to WCrs of nobility. statc - s - No State shall, without the con- sent of the Congress, lay any imposts or duties on imports or exports, ex- cept what may be absolutely neces- 124 THE YOUNG CITIZEN^ CATECHISM. saryfor executing its inspection laws; and the net produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the Treasury of the United States ; and all such laws shall be subject to the re- nia r i l oTpowers vision and control of the Congress. tost** No State shall, without the con- sent of the Congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agree- ment 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. SSffid* The Executive power shall be statcs ' 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 : ai e p C oi O n r te'd h0W Each State shall appoint, in such CONSTITUTION. 125 manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress; but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. The electors shall meet in their Electors to meet and to respective States, and vote by ballot SSaVd'vfce. n , n l . i j President. tor two persons, ot whom one at least shall not be an inhabitant of the same State with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each, which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the Presi- dent of the Senate. The President of the Senate shall, in the presence ™^ d °-„ s of the Senate and House of Repre-^ 083 ' 11 sentatives, open all the certificates, and the votes shall then be counted. The person having the greatest num- 126 THE YOUNG CITIZEN'S CATECHISM. ber 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 Represent- equal number of votes, then the tives to M. " torTfaii. felcc ' House of Representatives shall im- mediately 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 Pres- st?tes. by ident. 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. vice-presi- In every case, after the choice of a dent. • j ■ President, the person having the greatest number of votes of the elec- tors shall be the Vice-President. But if there should remain two or more who have equal votes, the Senate CONSTITUTION. 127 shall choose from them by ballot the Vice-President.'"" The Congress may determine thcXSStf 1 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. No person except a natural-born Qualification 1 r of President. citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President ; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States. In case of the removal of the Pres- Removal, death, &c, of ident from office, or of his death, President - resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President, and the Congress may by law provide for the case of * This clause of the Constitution has been amended. See twelfth article of the amendments, page 143. 128 THE YOUNG CITIZEN'S CATECHISM. removal, death, resignation, or in- ability, both of the President and Vice-President, declaring what officer shall act as President, and such officer shall act accordingly, until the disability be removed or a President shall be elected, compensation The President shall, at stated times, of President. a ' ' receive for his services a compensa- tion which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them. Before he enter on the execution of his office, he shall take the follow- ing oath or affirmation : oafo. " 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 de- fend the Constitution of the United States." CONSTITUTION. 129 SECTION II. The President shall be commander- SSEVSi in-chief of the army and navy of the 1Jrefiidc,,u United States, and of the militia of the several States when called into the actual . service of the United States ; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices ; and he shall have power to grant re- prieves and pardons for offences against the United States, except in cases of impeachment. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur ; and he shall nominate, and, by and with the advice and consent of the Senate, Appointment of public offl- shall appoint embassadors, other cere - public ministers and consuls, judges of the Supreme Court, and all other officers of the United States whose appointments are not herein other- 130 THE YOUNG CITIZEN'S CATECHISM. wise provided for, and which shall be established by law ; but the Con- gress may by law vest the appoint- ment of such inferior officers as they think proper, in the President alone, in the courts of law, or -in the heads vacancies in of departments. ° mcc - The President shall have power to till up all vacancies that may happen • during the recess of the Senate, by granting commissions which shall ex- pire at the end of their next session. SECTION III. Further pow- jj e sna ii f rom time to time srive to ers and duties c? of the prcsi- ^ e Q on g ress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient ; he may, on extraordinary occasions, convene both houses, or either of them, and, in case of disagreement between them with respect to the time of adjournment, he may adjourn them to such time as he shall think proper ; he shall receive embassadors and other public ministers ; he shall CONSTITUTION. 131 take care that the laws be faithfully executed, and shall commission all the officers of the United States. SECTION IV. The President, Vice-President, and impeach- mcnt. all civil officers of the United States, shall be removed from office on im- peachment for and conviction of treason, bribery, or other high crimes and misdemeanors. ARTICLE III. SECTION I. The judicial power of the United £££3 and States shall be vested in one Supreme judges * Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office. 132 THE YOUNG CITIZEN'S CATECHISM. SECTION II. powers of the The Judicial power shall extend to judiciary. v x 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 em- bassadors, other public ministers, and consuls ; to all cases of admiralty and maritime jurisdiction ; to controver- sies to which the United States shall be a party; to controversies between two or more States ; between a. State and citizens of another State ; be- tween citizens of the same State claiming lands under grants of dif- erent States; and between a State, or the citizens thereof, and foreign jurisdiction of States, citizens, or subjects. the Supreme 7 . court. j n a rj cases affecting embassadors, other public ministers, and consuls, and those in which a State shall Lie a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Su- preme Court shall have appellate CONSTITUTION. 133 jurisdiction, both as to law and fact, with such exceptions and under such regulations as the Congress shall make. Trials by jury. The trial of all crimes, except in cases of impeachment, shall be by jury ; And who™ 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 against the United States Treason, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and com- fort. 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. The Congress shall have power to declare the punishment of treason ; but no attainder of treason shall work corruption of blood or forfeit- o?biooT ption 134 THE YOUNG CITIZENS CATECHISM. ure, except during the life of the person attainted. ARTICLE IV. SECTION I. acc%°diter s Ful1 fa ith and credit shall be given in each State to the public acts, rec- ords, and judicial proceedings of every other State. And the Congress may, by general laws, prescribe the man- ner in which such acts, records, and proceedings shall be proved, and the effect thereof. SECTION II. dt!Icnfhfp of Tn e citizens of each State shall be en- titled to all the privileges and immuni- ties of citizens in the several States. Fofjtfrw A person charged, in any State edup. dclivcr " wn ^ n treason, felony, or other crime, who shall flee from justice, and be found in another State, shall, on de- mand of the Executive authority of the State from which he fled, be de- livered up, to be removed to the State having jurisdiction of the crime. CONSTITUTION. 135 No person held to service or labor SSSJto bo in one State, under the laws thereof, c up ' escaping into another, shall, in con- sequence of any law or regulation therein, be discharged from such ser- vice 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 may be admitted by the New states. 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 Legisla- tures of the States concerned, as well as of the Congress. The Congress shall have power to Territory and ° A other proper- dispose of and make all needful rides g d °g t t a h t e S Uni " and regulations respecting the terri- tory or other property belonging to the United States; and nothing in this Constitution shall be so con- strued as to prejudice any claims of 136 THE YOUNG CITIZEN'S CATECHISM. the United States, or of any par- ticular State. SECTION IV. S b ofg a o n v- ^he United States shall guarantee crnment. t() ^^ g^ | R Qfa Ullioil a re- publican form of government, and sta°tcs Ction of ^ na ^ protect eacli of them against invasion, and, on application of the Legislature, or of the Executive(when th« Legislature can not be convened), against domestic violence. ARTICLE V. Tli ft f!rmc merits of this The Congress, whenever two-thirds constitution. ()f hot]l j louses gj^jj c [ eem \ t necessary, shall propose amendments to this Constitution, or, on the application of the Legislatures of two-thirds of the several States, shall call a con- vention 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 CONSTITUTION. 137 other mode of ratification may be pro- posed by the Congress ; provided that no amendment which may be made prior to the year one thousand eight hundred and eight, shall in any man- ner affect the first and fourth clauses in the ninth section of the first article ; and that no State, without its con- sent, shall be deprived of its equal suffrage in the Senate. ARTICLE VI. All debts contracted and engage- ^ ts go °^ u r : ments entered into before the adop- ISa. 00 tion of this Constitution, shall be as valid against the United States under this Constitution as under the con- federation. This Constitution, and the laws of J2? £"£; the United States which shall be promel£ 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 ctf the land ; and the judges in every State shall be bound thereby, any thing in the Constitution or laws 138 THE YOUNG CITIZEN^ CATECHISM. of any State to the contrary notwith- standing. Sffltee™ rpubllc The Senators and Eepresentatives before mentioned, and the members of the several State Legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation to support this No^reiigious Constitution ; but no religious test shall ever be required as a qualifica- tion to any office or public trust under the United States. ARTICLE VII. The ratification of the conventions of nine States shall be sufficient for the establishment of this Constitution between the States so ratifying the same. Ratification. Done in convention, by the unani- mous consent of the States present, the seventeenth day of September, inthe-year of our Lord one thousand seven hundred and eighty-seven, and of the Independence of the CONSTITUTION. 139 United States of America the twelfth. In witness whereof, we have hereunto subscribed our names. GEO. WASHINGTON, President, and Deputy from Virginia, NEW HAMPSIIIRE. John Langdon, Nicholas Gilman. MASSACHUSETTS. Nathaniel Gorham, Rufus King. CONNECTICUT. DELAWARE. George Read, Gunning Bedford, jun. John Dickinson, Richard Basse tt, Jacob Broom. MARYLAND. William Samuel Johnson, James McHenry, Roger Sherman. NEW YORK. Alexander Hamilton NEW JERSEY. William Livingston, David Brearley, William Paterson, Jonathan Dayton. PENNSYLVANIA. B. Franklin, Thomas Mifflin, Robert Morris, George Clymer, Thomas Fitzsimons, Jared Ingersoll, James Wilson, Gouv. Morris. Attest Dan of St. Thomas Jenifer, Daniel Carroll. VIRGINIA. John Blair, James Madison, jun. NORTH CAROLINA. William Blount, Rich'd Dobbs Spaight, Hu. Williamson. SOUTn CAROLINA. J. Rutledge, Charles Cotesworth Pinckney, Charles Pinckney, Pierce Butler. GEORGIA. William Few, Abr. Baldwin. WILLIAM JACKSON, Secretary. AMENDMENTS ARTICLE I. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the free- dom of speech, or of the press ; or of the right of the people peaceably to assemble, and to petition the government for a redress of griev- ances. ARTICLE II. A well regulated militia being necessary to the security of a free State, 'the right of the people to keep and bear arms shall not be infringed. ARTICLE III. No soldier shall in time of peace be quar- tered in any house without the consent of the owner, nor in time of war but in a man- er to be prescribed by law. (HO) AMENDMENTS 141 ARTICLE IV. The riglit of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describ- ing the place to be searched, and the per- sons or things to be seized. ARTICLE V. ISTo person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of . a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger ; nor shall any person be subject for the same of- fence to be twice put in jeopardy of life or limb ; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of. law ; nor shall private prop- erty be taken* for public use without just com- pensation. 142 THE YOUNG CITIZEN^ CATECHISM. ARTICLE VI. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be in- formed of the nature and cause of the accusa- tion ; to be confronted with the witnesses against him ; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence. ARTICLE VII. In suits at common law, where the value in controversy shall exceed twenty dollars, the light of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of the United States, than according to the rules of the common law. ARTICLE VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unu- sual punishments inflicted. AMENDiMENTS. 143 ARTICLE IX. The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people. ARTICLE X. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. ARTICLE XI. The judicial power of the United States shall not be constmed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State ARTICLE XII. The electors shall meet in their respective States, and vote by ballot for President and Vice-President, one of whom at least shall not be an inhabitant of the same State with themselves ; they shall name in their ballots the person voted for as President, and in dis- tinct ballots the person voted for as Vice- 144 THE YOUNG CITIZEN'S CATECHISM. 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 seal- ed to the seat of the government of the Uni- ted States, directed to the president of the Senate. The President of the Senate shall, in the presence of the Senate and House of Kepresentatives, open all the certificates, and the votes shall then be counted ; the person having the greatest number of votes for Presi- dent shall be the President, if such number be a majority of the whole number of electors appointed ; and if no person have such ma- jority, then, from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose immediately by ballot the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote ; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. AMENDMENTS. 145 And if the House of Kepresentatives shall not choose a President, whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice - President shall act as President, as in the case of the death, or other constitutional disability of the President. The person having the greatest number of. votes as Vice-President shall be the Vice- President, if such number be a majority of the whole number of electors appointed ; and if no person have a majority, then from the two highest numbers on the list the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two- thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally in- eligible to the office of President shall be eli- gible to that of Vice-President of the United States. fart $!mn&. PARLI AM E NT A 1 1 Y PRACTICE. What is a deliberative assembly ? A deliberative assembly is an organized meeting of persons, associated to examine the ! for and against measures submitted for their decision. What is an organized meeting ? An organized meeting is an assemblage of persons gathered for deliberation, having its proper officers, which are its instruments or means of action. What are the necessary officers for a deliberative assembly ? A presiding officer, and a secretary or clerk ; but others may be appointed, according to the nature of the organization. What is the proper mode of organizing a meeting ? The proper mode is for some person to arise, (140) PARLIAMENTARY PRACTICE. 147 and, after gaining the attention of the assem- bly, to suggest the propriety of appointing a presiding officer, and calls upon the house to nominate some one. A nomination being made and seconded, he repeats the question, and says, u Those in favor of the motion will please say Aye. 77 After a pause, he adds, " Those opposed to the motion will say No." If the question is carried in the negative, an- other nomination is made as before ; but if it is carried in the affirmative, the person stat- ing the fact to house calls upon the person elect to assume the proper place. The presi- dent then takes the chair, and continues the organization by requesting a nomination for the office of secretary, and such other officers as may be deemed necessary, When, and why, is it better to organize tempora- rily ? It is better to organize temporarily when the organization is to be permanent, and be- cause a judicious selection of officers is im- portant. In what way do meetings, temporarily organized, proceed to a permanent organization ? 148 THE YOUNG CITIZEN'S CATECHISM. It is better to entrust the nomination of per- manent officers to a few persons, called a com- mittee. What is the duty of this committee ? To retire from the room, and examine the claims of the several persons suitable to hold the several offices, and report the same to the house. What are the general duties of president ? To preside over the deliberations of the assembly ; to enforce the rules of order, and the order of business ; to maintain due deco- rum among the members ; to give informa- tion, when necessary, on points of order ; to decide upon questions of parliamentary prac- tice ; t > receive and announce all messages for the hou- submit properly all suita- ble motions, petitions, or propositions made by members ; to see that each member has his rights ; to appoint persona to serve on committees when the house require it ; and to see that committees, officers, and members perform the duties incumbent on them by the constitution. PARLIAMENTARY PRACTICE. 149 What is the duty of a vice-president ? He performs the duties of the president in his absence. What are the duties of the recording secretary ? To record faithfully the doings of the house ; to read aloud all such papers as the house may order read ; to call the roll when the vote is taken by yeas and nays, and re- cord the answer of each member ; to notify committees of their appointment, and the matter committed to them ; and to take in charge all documents belonging to the house. What is the duty of a corresponding secretary ? To conduct, under the direction of the house, all correspondence with another house, or with individuals. What is the duty of the treasurer ? To receive all moneys belonging to the house, and pay out the same at their order, and report the condition of the finances whenever required. How are the proceedings of a deliberative body usually conducted ? In accordance with certain rules, called rules of order. 150 THE YOUNG CITIZEN'S CATECHISM. What is the use of rules of order ? To obtain a free expression of opinion, and a fair decision of the questions discussed. Are the rules of order the same in all deliberative bodies ? In essentials they are nearly the same, but they often differ oil minor points. From whence arose the rules of order in most of our minor deliberative bodies ? Those within the states are formed from the rules of order in the state legislature from which they sprung; these in turn sprung from the rules of order of congress; and these again in turn sprung from the par- liament of Great Britain. What is the essence of these rules called ? The common code of parliamentary law. Is it common to adopt rules other than those em- braced in the common code ? It is not unusual. In what form are the acts of a deliberative body expressed ? Its decisions are usually embodied in for- mal declarations, called resolutions. PARLIAMENTARY PRACTICE. 151 What is a motion ? A formal proposition offered by some one in a deliberative body, for the purpose of ob- taining the sense of the meeting. In what way are decisions commonly made in a de- liberative body ? By ballot, by open vote, or by taking the yeas and nays. What is the form observed in submitting a ques- tion ] The presiding officer asks, u Is the assembly ready for the question V If no one offers to say any thing, or after all are done speak- ing, he says, " As many of you as favor the adoption of the resolution will signify it by saying Aye;" after pausing, he says, "Those of the contrary opinion will say No." The answer being given, the presiding officer says, u The ayes have it," or "The noes have it," as he shall judge are in the majority. What is to be done if the chair is unable to decide which has it ? He may, on a call of a member, divide the house, by causing the ayes to go to one side of the room, and the noes to take the oppo- 152 THE YOUNG CITIZEN^ CATECHISM*. site side; or, lie may ask the ayes to raise the right hand, ami, after they are counted, re- quest the noes to do the same. Who count in case of a division of the house ? The president; or he may appoint persons called tellers, who report the result to the house. Who decides, if the house is equally divided? The president. What is a ballot? Primarily it signifies a little ball, and to vote by ballot properly is to cast a ball col- ored or marked in such a way as to indicate the choice intended ; but convenience has sub- stituted tickets. What is a vote ? The literal meaning is a vow, wish, or will ; practically it is the method used for express- ing choice. What is the usual form of taking the yeas and nays ? The president'" states the question under * Tho presiding officer, as referred to in this work, will bo styled president. PARLIAMENTARY PRACTICE. 153 consideration, and says, " As many as are in favor of the resolution will, as their names are called, answer Yes, and as many as are opposed to it will answer No." The roll is then called by the secretary, and as each member answers Yes, or No, it is marked op- posite his name. How many votes, in any case, are necessary to decide a question ? A majority, unless a special rule to the contrary is made. What is meant by majority and plurality ? Majority signifies more than half; plurality means a greater number, as a person may have a greater number of votes than any other one, yet not have a majority. What is a quorum ? It is such a number as shall by rule of the house be required to be present in order to render the transactions of the house valid. When does a proposition become a question ? "When, after due deliberation, it comes to be put to vote upon its acceptance or rejection. 7 * 154 THE YOUNG CITIZENS CATECHISM. When is a proposition duly before the house ? After it has been moved and seconded, and middle of the hack thus o Give the form of a note not negotiable. Three months after date I promise to pay to B. F. Moses, fifty dollars, value received. Marcellus, July 2d, 1860. A B. PROMISSORY NOTES, ETC. 159 Give the form of one on demand. $50. On demand I promise to pay Thomas Decoudres, or bearer, (or order,) fifty dollars, value received. .A B. Marceilus, July 22d, 1860. In the last form, when does interest commence ac- cruing ? As soon as a demand is made. Is the above form of note collectable without a de- mand ? It is not. Give the form of a note payable at a bank. $500. Sixty days after date, for value received, I promise to pay Gay P. Barber, or order, five hundred dollars at the Syracuse City Bank. Marceilus, July 23d, 1860. A B. When this note is presented to the bank, what is necessary ? An indorsement by the payee. Give the form of a chattel note or note payable in specific articles. $10. One year after date, for value received, I 160 THE YOUNG CITIZEN^ CATECHISM. promise to pay Thomas Walker, or bearer, (or order,) ten dollars in shoe-pegs, at current price. A B. Marcellus, July 25th, 18G0. In the last form, if A B fail to perform the contract on his part, what can Walker do ? He must demand the pegs at the time and place agreed on, and then bring his action for their value in money. Give the form of a note with surety. $50. One year from date I promise to pay E. Dorchester, or bearer, (or order,) fifty dollars, for value received, with interest. Marcellus, July 26th, 1860. A B. C D, Surety. How may the surety be discharged ? By calling upon the creditor to bring an action upon the debt alter it is payable ; and if he declines to do it and the principal be- comes insolvent, the surety will be discharged. But to relieve the surety, it must appear that he requested the creditor to proceed against the principal at a time when he was solvent and within the jurisdiction of the State, and PROMISSORY NOTES, ETC. 161 that the creditor, without reasonable excuse, neglected so to do, until the principal became insolvent and unable to pay. What is a Joint note ? A joint note is one given by two or more persons jointly, and should read u we jointly promise to pay," pr< Berice of ) What else is necessary in the execution of any deed] There should be an acknowledgment, usually in the following form : State of New York, ) County. j ss ' On this day of , in the year one thousand eight hundred and , be- fore me, the subscriber, personally appeared , to me known to be .the same person described in and who ex- ecuted the within instrument, and acknowl- edged that executed the same. J. S. Baker, J. P. DEEDS. 173 When is the foregoing acknowledgment sufficient ? Iii case of a single person. Suppose the execution is made by husband and wife ? It is necessary that husband and wife join in the acknowledgment, usually in the fol- lowing form : State of New York, ) , County. j Oil this day of , in the year one thousand eight hundred and , be- fore me, the subscriber, personally appeared , to me known to be the same persons described in and who executed the within instrument, who severally acknowledged that they executed the same ; and the said , on a private examination by me, apart from her said hus- band, acknowledged that she executed the same freely, and without any fear or compul- sion of her said husband. J. S. Baker, J. P. What is the form of a warranty deed ? This Indenture, made this day of , in the year of our Lord one thousand 174 TIIE YOUNG CITIZEN'S CATECHISM. eight hundred and ; between of the first part, and of the second part,— Witnesseth, That the said party of the first part, in consideration of the sum of to duly paid, ha sold, and by these presents do grant and convey to the said party of the second part, heirs and assigns, all that tract or parcel of lands situate in the of , (Here describe the premises), with the appurtenances, and all the estate, title, and interest therein, of the said party of the first part. And the said do hereby covenant and agree to and with the said party of the second part, heirs and assigns, that the premises thus conveyed in the quiet and peaceable possession of the said party of the second part, heirs and assigns, will forever warrant and defend against any person whomsoever, lawfully claiming the same, or any part thereof. In witness whereof, the part of the first DEEDS. 175 part ha hereunto set hand and seal , the day and year first above written. F. A. Lyman, [l. s.] Sealed and delivered in } presence of j Give the form for a warranty deed, full covenant. This Indenture, made this day of , in the year of our Lord one thousand eight hundred and , between of the first part and of the second part — Witnesseth, That the said party of the first part, in consideration of the sum of , to duly paid, ha sold, and by these presents clo grant and convey to the said party of the second part, heirs and assigns, all that tract or parcel of land situate in the of (Here describe the premises), with the appurtenances, and all the estate, title, and interest therein of the said party of the first part. And the said do hereby covenant and agree to and with the said party of the second part, heirs and assigns, that at the time of the en- 176 THE YOUNG CITIZEN'S CATECHISM. sealing and delivery of these presents, , the lawful owner, and well-seized of the premises above conveyed, free and clear from all incumbrance , and that the premises thus conveyed in the quiet and peaceable possession of the said party of the second part, heirs and assigns, will forever warrant and defend against any person whomsoever, law- folly claiming the same or any part thereof. In witness whereof, the part of the first part ha hereunto set hand and seal , the day and year first above written. Isaac Bradley, [l. s.] Sealed and delivered in presence of i Is any thing more necessary in the last two given forms ? They should be acknowledged, as in the first form ; and all deeds and most gages should be recorded in the Clerk's Office of the County in which the premises are situated. MORTGAGES. 177 SECTION III. v MORTGAGES. What is a mortgage ? A dead pledge — a conditional deed, which becomes invalid upon the payment of the sum secured by it. Must it be signed, sealed, acknowledged, and de- livered ? It must, the same as a deed. Should it be recorded ? Yes. What is the usual form ? As follows : This Indenture, made this day of , in the year of our Lord one thou- sand eight hundred and , between of the first part, and of the second part, — Witnes3eth, That the said party of the first part, in consideration of the sum of dollars 178 THE YOUNG CITIZEN'S CATECHISM. has sold, and by these presents do grant and convey to the said party of the second part, heirs and assigns, all that tract or parcel of land situate in the of (Here describe the premises.) This grant is intended as a security for the payment of the sum of , according to the condition of a bond this day executed and delivered by the said to the said party of the second part, and this conveyance shall be void if such payment be made as herein specified. And in case default shall be made in the payment of the principal sum hereby intended to be secured, or in the payment of the in- terest thereof, or any part of such principal or interest as above provided, it shall be lawful for the party of the second part, executors, administrators, or as- signs, at any time thereafter, to sell the prem- ises hereby granted, or any part thereof, in the manner prescribed by law, and out of all the money arising from such sale, to retain the amount then due for principal and interest, together with the costs and charges MORTGAGES. 179 of making such sale, and the overplus, if any there be, shall be paid by the party making such sale on demand to the said heirs and assigns. In witness whereof, the party of the first part has hereunto set hand and seal the day and year first above written. S. D. Gilbert, [l. s.] May a mortgage be assigned ? Yes. How? By writing, and may be on the mortgage or separate paper. When indorsed on the mortgage, the following is the usual form : , In consideration of dollars to paid by C. D., of ,1 do here- by sell, assign, transfer and set over unto the said C. D., the within Indenture of mortgage, together with the bond accompany- ing the same, for his use and benefit, hereby authorizing him to collect and enforce pay- ment .thereof in my name or otherwise, but at his own costs and charges. Should the assignment be under seal ? Yes, and acknowledged and recorded. 180 THE YOUNG CITIZEN'S CATECHISM. Where recorded ? In the office of the clerk of the county where the premises are situated, same as the deed and mortgage. How may a mortgage be satisfied ? By a writing showing that the obligation has been redeemed. What is the usual form ? A mortgage bearing date the day of , eighteen hundred and , executed by , recorded in the clerk's office of the county of in book of mortgages, page on the day of , and the bond accompany- ing said mortgage, are redeemed and satisfied. Dated the day of , 186 . What should be attached to the satisfaction of a mortgage 1 An acknowledgment. Give the common form ? County, ss : Acknowledged before me this day of , in the year 1SG , by MORTGAGES. 181 personally known to me to be the person described in, and who severally executed the above instrument. Thomas Walker, J. P. What is a bond ? A bond accompanying a mortgage is a written agreement to forfeit a certain sum in case of a failure to perform the conditions of the bond. Give the common form. Know all men by these presents : That I, A. B., of the town of , in the county of and state of New York, am held and firmly bound unto C. D., of &c, in the sum of one thousand dollars, lawful money of the United States, to be paid to the said C. D., his executors, administra- tors, or assigns ; for which payment, well and truly to be made, I bind myself, my heirs, executors, and administrators, severally and firmly, by these presents. - Sealed with my seal. Dated the day of ■ one thousand eight hundred and . The condition of the 182 THE YOUNG CITIZEN'S CATECHISM. above obligation is such, that if the above boundeu A. B., his heirs, executors, or ad- ministrators, shall well and truly pay or cause to be paid unto the above named C. D., his executors, administrators, or assigns, the just and full sum of five hundred dollars, in live equal annual payments, from the date hereof with annual interest, then the above obliga- tion to be void ; otherwise to remain in full force and virtue. Sealed and delivered ) A. B. [l. s.] in presence of G. H. j SECTION IV. WILLS. What is a will, in law? A will, when it operates upon personal property, is sometimes called a testament ; and when upon real estate, a devise ; but the more general name is, last will and testament, and embraces both. WILLS. 183 Who are capable of making wills of personal prop- erty? Every male person of the age of eighteen years and upwards, and every female of the age of sixteen years or upwards, of sound mind and memory, and no others, may give and bequeath his or her personal estate in writing. Is an unwritten will bequeathing personal property valid? No, unless made by a soldier while in ac- tual military service, or by a mariner while at sea. Who may devise real estate 1 All persons except idiots, persons of un- sound mind, and infants. May married women devise real or personal prop- erty ? Yes, both, if belonging to them in their own right, and not conveyed, given, granted, or devised to them by their husbands. How must every last will and testament of real and personal property, or both, be executed and attested 1 It must be subscribed by the testator at 184 THE YOUNG CITIZEN'S CATECHISM. the end of the will ; such subscription must be made by the testator, in the presence of each of the attesting witnesses, or acknowl- edged by him to have been so made to each of the attesting witnesses ; the testator must, at the time of making such subscription or acknowledgment, declare the instrument so subscribed to be his last will and testament ; there must be at least two attesting wit- nesses, each of whom must sign his name as a witness at the end of the will, at the re- quest of the testator, and each must write opposite his name his place of residence ; and whoever writes the name of any testator to any will by his direction must write' his own name as a witness to the will ; and any per- son neglecting to comply with the above pro- visions will be liable to a forfeiture of fifty dollars. Will fraud vitiate a will ? Yes. What effect will a subsequent marriage and birth of a child have upon the will ? It will operate as a revocation if there be no provision made for the wife and child. WILLS. 185 How is it with the will of an unmarried woman if she subsequently marries % Her will is revoked. How may a will be revoked or altered % A will is revoked by a subsequent will, or destruction of the will by the testator or by his direction, and must be proved by at least tw T o witnesses ; and the will may be altered by an addition, or supplement, in writing, and is commonly known as a codicil. The following is the usual form of a will : In the name of God, Amen. I being of sound mind and memory, and considering the un- certainty of this frail and transitory life, do therefore make, ordain, publish, and declare this to be my last will and testament : That is to say, First, after all my lawful debts are paid and discharged, I give and bequeath Likewise I make, constitute, and appoint to be executor of this my last will and testa- 186 THE young citizen's catechism. ment, hereby revoking all former wills by me made. In witness whereof, I have hereunto sub- scribed my name and affixed my seal, the day of , in the year of our Lord one thousand eight hundred and The above written instrument was sub- scribed by the said in our presence, and acknowledged by to each of us : and at the same time declared the above instrument so subscribed to be last will and testament ; and we, at request, have signed our names as witnesses hereto, and written opposite our names our respective places of residence. A B. [l. s.] John R. Tijttle, residing in Otisco, Onon- daga Co., N. Y. B. J. C. Howe, residing in Vesper, Onon- daga Co., N. Y. A codicil may be in the following form : Whereas, I, A B, of , have made my last will and testament in writing, bearing date the day of in and by which I have given and bequeathed, WILLS. 1 87 &c. (Here set forth the bequest which the testator desires to change.) Now, there- fore, I do by this my writing, which I hereby declare to be a codicil to my said last will and testament, and to be taken as a part thereof, order and declare that my will is, that only the sum of be paid to my daughter-in-law S B, in full of the said legacy given and bequeathed to her, and that the remainder of said legacy be given and paid to my nephew R R. And, lastly, it is my desire that this co'dicil be an- nexed to and made a part of my last will and testament, as aforesaid, to all intents and purposes. In witness, &c. (as in the will, except that the attestation will read " as and for a codicil to his last will," &c.) 188 THE YOUNG CITIZEN'S CATECHISM. Interest on one Dollar. Days. 7 per 6 per. 1 .00019 .00016 2 .00039 .00033 3 .00058 .00050 4 .00078 .00066 5 .00097 .00083 6 .00117 .00100 7 .00136 .00116 8 .00166 .001:5:5 9 .00175 .00150 10 .00194 .00106 11 .00*2 1 1 .00183 12 .00. .00200 13 .00- .00:216 14 .00272 .00233 I:. .002 .00250 16 .00311 .00 17 .003:5 1 .00283 18 .00 .00:500 19 .00369 .00316 20 .00389 .00333 21 .00408 .00:550 22 .00428 .00366 .00 1 17 .00383 .00467 .00400 25 .00480 .00416 26 .00506 .00433 ,00525 .00450 .005 1 1 .001(16 29 .005(5 1 .00483 30 .00* .00500 cent. 1 .00583 2 .01167 3 .01750 4 .0:2333 5 .02917 6 .03500 7 .01083 8 .01667 9 .05-250 10 .05833 11 .00417 12 .07000 Months. 6 per cent. 1 .005 2 .010 3 .015 4 .020 5 .025 6 .030 7 .0:55 8 .040 9 .015 10 .050 11 .055 12 .060 TABLES ON INTEREST, ETC. 189 Discount on one Dollar at Seven per cent. Days. 1 .000191 2 .000382 3 .000574 4 .000766 5 .000957 6 .001148 7 .001330 8 .001531 9 .001722 10 .001913 11 .002104 12 .002295 13 .002486 14 .002677 15 .002867 16 .003058 17 .003249 18 .003487 19 .003680 20 .003873 21 .004066 22 .004259 23 .004451 24 .004644 25 .004837 26 .005029 27 .005222 28 .005414 29 .005606 30 .005800 Months. .005800 1 2 .011531 3 .017198 4 .022800 5 .028339 6 .033815 7 .039230 8 .044585 9 .049880 10 .055117 11 .060297 12 .065420 RETURN EDUCATION-PSYCHOLOGY LIBRARY TO— ^^ 2600 Tolman Hall 642-4209 J LOAN PERIOD 1 " 1 MONTH 2 3 4 5 6 ALL BOOKS MAY BE RECALLED AFTER 7 DAYS 2- hour books must be renewed in person Return to desk from which borrowed DUE AS STAMPED BELOW APR 11 1983 UNIVERSITY OF CALIFORNIA, BERKELEY FORM NO. DD10 10m, 11/78 BERKELEY, CA 94720 PS rB 31108 541 187 UNIVERSITY OF CALIFORNIA LIBRARY la; jwjfflt