■ »^ m +jjS CITATION ,OF THE UNITED STATES. Pennsylvania, Delaware, and Maryland. 8. What Colonies were under Charter Governments at the time of the Revolution ? Massachusetts, Connecticut, and Rhode Island. 9. When was a general convention of delegates from the several Colonies first called ? In September, 1774. 10. What was this Convention called ? The Continental Congress. 11. What important state » paper did the first Continental Con- gress prepare ? The Bill of Rights. 12. When did the next Congress assemble ? In May, 1775. 13. What decisive step did they take ? They declared the united colonies independent. 14. When was the Declaration of Independence adopted ? On the 4th of July, 1776. 15. What powers were assumed by the Continental Congress ? They assumed all the powers of sovereignty neces- sary to maintain the safety and independence of the united colonies. 1 6. What was the character of these powers ? They were revolutionary. 17. How is the exercise of these powers by the Continental Con- gress justified from the charge of usurpation ? The exercise of these powers was required by the necessity of the case, and was acquiesced in by the people. 18. How long did the Continental Congress continue to be the National Government? Until March, 1781, near the close of the Revolution- ary War. 19. W T hat frame of government was then adopted 7 INTRODUCTION. 15 The Articles of Confederation. 20. What was the great defect in the Articles of Confederation ? The want of sufficient power in the General Govern ment. 21. When did the present Constitution go into operation? In September, 1788. 22. What is the introductory paragraph of the Constitution called ? The Preamble. *0* THE PREAMBLE. "We, the People of the United States, in order to form a more perfect union, establish justice, insure domestic tran- quillity, provide for the common defence, promote the gene- ral welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America" 23. What is the main object of the Preamble ? The main object of the Preamble is to set forth the purposes for which the Constitution was adopted. 24. What were the purposes for which the Constitution was or- dained and established ? 1st, To form a more perfect union; 2d, To establish justice ; 3d, To insure domestic tranquillity ; 4th, To provide for the common defence; 5th, To promote the general welfare ; and 6th, To secure the blessings of liberty to ourselves and our posterity. 25. Why is this part of the Preamble important? Because the purposes for which the Constitution was adopted form a valuable aid in interpreting its princi- ples. 26. What else is contained in the Preamble ? It sets forth the parties who established the Consti • lUion. 27. Who are declared in the Preamble to have established the Const* tution ? 16 CONSTITUTION OF THE UNITED STATES. The people of the United States. , 28. How does the Constitution compare in this respect with the articles of Confederation ? , The Articles of Confederation emanated from the States; the Constitution of the United States emanated directly from the People. 29. Why is this part of the Preamble important? Because it shows the authority upon which the Con- stitution rests. GENERAL PRINCIPLES. 30. Into how many departments is the government of the United States divided ? Into three ; — Legislative, Executive, and Judicial 31. What is the Legislative power ? The power which makes the laws. 32. What is the Executive power ? The power which carries the laws into effect. 33. What is the Judicial power! The power which interprets the laws. 34. What may be remarked in regard to this separation of the powers of Government ? It is indispensable to the existence of good govern- ment. 35. What kind of government is that in which these powers are all vested in the same hands ? It is an absolute government, or despotism. 36. Why is such a government dangerous ? Because it gives no security against the abuse of power. 37. To what do the three main articles of the Constitution relate? To the distribution of the powers of government among the three departments, the Legislative, the Executive, and the Judicial. LEGISLATIVE DEPARTMENT. 17 38. To what docs Article I. relate ? To the Legislative Department. £ m ARTICLE I. The Legislative Department. Section I. Congress in general. "All legislative poivers herein granted, shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." 39. To what does this section relate ? To the establishment of the National Legislature. 40. In what body are the legislative powers of the United States vested ? All Legislative powers granted in this Constitution are vested in a Congress of the United States. 41. Of what does the Congress of the United States consist? Of a Senate and House of Representatives. 42. "What advantage is there in dividing the legislative body into two branches ? The two Houses of Congress act as a check upon each other. 43. Repeat Section I. Section II. House of Representatives. Clause I. " The House of Representatives shall be com- posed of members chosen every second year by the people of the several States, and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature" 44. To what does this clause refer ? To the organization of the House of Representa tives. 45. How often are the members of the House of Representatives chosen ? 2* 18 CONSTITUTION OF THE UNITED STATES. Every second year. 46 Why is a comparatively short term of service fixed for the House of Representatives ? That they may come more frequently and more directly under the supervision of popular opinion. 47. By whom are they chosen ? By the People of the several States. 48. What qualifications are requisite to enable a citizen in any State to vote for members of the National House of Representatives ? The same qualifications which are necessary to enable him to vote for the most numerous branch of the State legislature. 49. Repeat the words of Clause I. Clause II. "No person shall be a Representative, who shall not have attained the age of twenty-jive years, and been seven years a citizen of the United States, and ivho shall not, when elected, be an inhabitant of that State in which he shall be chosen." 50. To what does this clause relate? To the qualifications of the Representatives. 51. How old must a Representative be ? No person shall be a Representative, who shall not have attained the age of twenty-five years. 52. How long must he have been a citizen of the United States ? Seven years. 53. What is necessary in regard to residence ? He must, when elected, be an inhabitant of that State in which he is chosen. 54. Repeat the words of Clause II. Clause III. " Representatives and direct taxes shall be apportioned among the several States which may be inclu* HOUSE CF REPRESENTATIVES. 19 ded within this Union, according to their respective num- bers, which shall be determined by adding to the whole number of fret persons, including those bound to service for a term of years, and excluding Indians not taxed, three- fifths of all other persons. The actual enumeration shall be made within three years after the first meeting " If, after such reconsideration, two-thirds of that House shall agree to pass the bill, it shall be sent, to- gether with the objections, to the other House, by which it shall likewise be reconsidered, and if ap- proved by two-thirds of that House, it shall become a law." 227. Repeat the portion which relates to the recording of the vote. " 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." 228. Repeat that portion of Clause II. which limits the time that the President may retain a Bill. " If any bill shall not be returned by the President within ten days (Sundays excepted,) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Con- gress, by their adjournment, prevent its return, in which case it shall not be a law." 229. Repeat the whole of Clause II. Clause III. " Every order, resolution, or vote, to which the concurrence of the Senate and House of Representa- tives may be necessary {except on a question of adjourn* ment), shall be presented to the President of the United States ; and before the same shall take effect, shall be ap- proved by him, or, being disapproved by him, shall be re- passed by tivo-thirds of the Senate and House cf Repre- sentatives, according to the rules and limitations prescribed in the case of a bill" 230. What is the object of this clause ? It extends the veto of the President to other mat- ters besides bills. 231. To what other matters does his veto extend ? 4# 42 CONSTITUTION OF THE UNITED STATES. To all orders, resolutions or votes, (except on ques- tions of adjournment,) to which the concurrence of the two Houses may be necessary. 232. What is the object of this provision ? To prevent Congress from evading the veto power, by passing a law under some other name. 233. What is the mode of proceeding in such cases ? The same as in the case of a bill. 234. In what case of joint resolutions has the President no veto power ? On a question of adjournment. 235. Repeat Clause III. Section VIII. Powers granted to Congress. Clause I. 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, im- posts, and excises, shall be uniform throughout the United States." 236. To what does this clause relate ? To the power of taxation. 237. What is a tax ? Money exacted by Government from individuals, for the public service. 238. How are taxes sometimes divided ? Into direct taxes and indirect taxes. 239. What are direct taxes ? Taxes upon individuals. 240. What two kinds of direct taxes are there ? Taxes upon persons, and taxes upon property. 241. What are these two kinds of taxes called? The former is called a personal, poll, or capitation tax ; the latter a property tax. TOWERS GRANTED TO CONGRESS. 43 242. What is an indirect tax ? A tax upon the consumption of certain ai tides. 243. What three kinds of indirect taxes are there ? Taxes on goods imported into the country, taxes on on goods exported out of the country, and taxes on goods manufactured in the country; in other words, upon imports, exports, and manufactures. 245. What are " Imposts" ? Taxes on goods imported. 246. What are " Duties" and " Customs" ? Taxes on goods either exported or imported. 247. What are " Excises" ? Taxes on goods manufactured. 248. How are direct taxes apportioned among the several States ? In the same manner as the Representatives; that is, according to their respective numbers. 249. How are indirect taxes apportioned ? They must be uniform throughout the States. 250. What is the object of this provision? To prevent Congress from legislating in behalf of local interests. 251. What doubt exists in regard to the meaning of his whole clause ? Whether it means that Congress has power to lay, and collect taxes, duties, imposts and excises, and also to pay the debts, &c. ; or whether it means that Congress has power to lay and collect taxes, duties imposts and excises, for the purpose of paying the debts, &c. 252. What is the common interpretation ? 44 CONSTITUTION OF THE UNITED STATES. That Congress has power to lay and collect taxes, duties, imposts and excises, for the purpose of paying the debts and providing for the common defence and general welfare of the United States. 253. Repeat Clause I. Clause II. Congress shall have power ; " To borrow money on the credit of the United States" 254. To what does this clause refer ? To borrowing money. 255. Is the possession of this power by Congress necessary to the existence of the National Government ? It is. 256. What would be the consequence if no such power existed ? In times of w 7 ar, or great public calamities, it would be impossible to provide in time the means of meeting the public exigencies. 257. Whose credit is pledged for the payment of money borrowed by Congress ? The credit of the whole United States. 25S. Repeat Clause II. Clause III. Congress shall have power ; " To regulate commerce with foreign nations, and among the several States, and with the Indian tribes." 259. To what does Clause III. relate ? To the regulation of commerce. 260 How was commerce regulated under the Confederation ? The Continental Congress, under the Confederation, had no power to regulate commerce, but it was left to Ihe management of each particular State. 261. What was the consequence of that arrangement? The foreign commerce of the States was almost en- POWERS GRANTED TO CONGRESS. 45 tirely destroyed, and the conflicting claims of the several States had brought them to the brink of a civil war. 262. What is to be understood by regulating Commerce ? Prescribing the rules by which Commerce is to be governed. 263. What two things are included in the general idea of Com. merce ? Traffic, or the interchange of commodities ; and commercial intercourse, or navigation. 264. What are some of the ways in which Congress may regulate Commerce ? By passing laws for the coasting trade and fisheries, and for the government of seamen on board of Ame- rican ships; by making quarantine and pilotage laws; by constructing lighthouses; by surveying the coast and harbours ; by imposing duties upon articles im- ported or exported ; by prohibiting commerce with particular nations $ by designating particular ports of entry ; and in various other ways. 265. To whom belonged the power of regulating Commerce with the Indian tribes, before the Revolution ? To the King. 266. To whom does it now belong ? To Congress. 267. Repeat Clause III. Clause IV. Congress shall have power ; " To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies, throughout the United States." 268. To what does the first part of this clause relate ? To naturalizing foreigners. 46 CONSTITUTION OF THE UNITED STATES. 269. What is meant by naturalizing foreigners ? Giving them the rights of citizenship. 270. Why could not this power be left with the States ? There would then be no uniformity on the subject. 271. What would be the objection to that? A citizen of one State is, by the Constitution, en titled to all the rights of citizenship in every other State ; consequently, one State might, by its naturali- zation laws, invade the rights and privileges of all the rest. 272. According to the rule of naturalization adopted by Congress, how long must a foreigner live in the country before he can become a citizen? At least five years. 273. To what does the latter part of this clause relate ? To Bankruptcy. 274. What should be the object of bankrupt and insolvent laws, in regard to creditors ? To secure to creditors the full surrender and equi- table distribution of the insolvent debtor's effects. 275. What should be their object in regard to unfortunate debtors ? To secure to them, after such a surrender, a legal discharge from their creditors. 276. What is the effect of giving to creditors the power to im- prison a debtor, or to seize upon his future earnings ? It either paralyzes all exertion, or leads to fraudulent means to secrete property afterwards acquired. 277. Does the discharge of a debtor from the power of his cre- ditors release him from all obligation to pay his debts ? It does not. He is still bound in honour and con- science to pay his debts, if in subsequent business he shall acquire the means. 278. Is there any uniform law of bankruptcy now existing in the United States ? POWERS GRANTED TO CONGRESS. • 47 There is not. Congress passed such a law in the year 1801, which was repealed in 1803, Another Bankrupt Law was passed in 1842, which also was repealed the next session of Congress. 279. Repeat Clause IV. Clause V. Congress shall have power; " To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures" 280. To what does the first part of this clause refer? To the power of coinage. 281. To whom is this power entrusted? To Congress exclusively. 282. What would be the consequence of giving to each State the power to coin money ? There would be no uniformity in the weight or value of money, and the circulation of base or coun- terfeit coin would be very much increased. 283. To what does the latter part of this clause relate ? To fixing the standard of weights and measures. 284. Repeat Clause V. Clause VI. Congress shall have power ; " To provide for the punishment of counterfeiting the securities and current coin of the United States" 285. What is the object of this provision ? To render more efficient the powers of coinage and of borrowing money. 286. Repeat Clause VI. Clause VII. Congress shall have power ; " To establish post offices and post roads" 48 CONSTITUTION OF THE UNITED STATES. 287. What are some of the advantages which result from the ex ercise of this power ? It enables both individuals and the government to transmit intelligence, to make remittances of money, and to transact various important branches of busi- ness with a degree of promptitude, regularity and economy, that would be entirely impracticable in any other way. Clause VIII. Congress shall have power ; " 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 dis- coveries" 288. What is the object of this clause? To secure the rights of authors and inventors. 289. How long* may a person, under the existing laws of the United States, have the exclusive right to publish any book of which he is the author ? Twenty-eight years. 290. What is this privilege called? A copyright. 291. May a copyright be renewed? It may, for an additional period of fourteen years. 292. How long may a person have the exclusive right to manii' facture and sell any machine of which he is the inventor ? Fourteen years. 293. What is this privilege called? A patent right. 294. Repeat Clause VIII. Clause IX. Congress shall have power ; " To constitute tribunals inferior to the Supreme Court" N. R This subject will be considered more fully under the head of the Judicial Department.] TOWEKS GRANTED TO CONGRESS. 49 // y Clause X. Congress shall have power ; •< To define and punish piracies and felonies committed on the high jseas, and offences against the law of nations" 295. What is Piracy ? Robbery at sea. 296. What is the punishment for Piracy, or felony committed on the high seas? Death. 297. When is an action said to have been done upon the "high seas ?" When it is done beyond low water mark. 298. Why is Congress particularly charged with the punishment of offences against the law of nations ? Because the United States are responsible to foreign nations for the conduct of American citizens at sea. 299. Repeat Clause X. Clause XI. Congress shall have power ; " To declare war, grant letters of marque and reprisal, and maize rules concerning captures on land and water" 300. With whom is the right of declaring war vested in mo- narchical governments ? With the Executive. 301. Why is this inexpedient? The people, who have to bear the burden of war, ought to have as direct a voice as possible in deciding whether or not to declare war. 302. What are Letters of Marque and Reprisal ? Commissions granted to private persons to capture the property of citizens of another nation. 303. What is a person so commissioned called ? A Privateer. 304. When are Letters of Marque and Reprisal generally issued ? 50 CONSTITUTION OF THE UNITED STATES. j In time of war. 30 5. Are they ever granted at other times ? Sometimes an individual, for whom no redress of grievances can be obtained from a foreign nation, is permitted by his own government to make reprisal upon the property of subjects of that nation to the ex- tent of his injury. 306. Repeat Clause XI. Clause XII. Congress shall have power ; " To raise and support armies ; but no appropriation of money to that use shall be for a longer term than two years?' 9 307. Should the power of raising armies always be connected with that of declaring war ? It should. 308. How was it under the Articles of Confederation ? Congress had the right to declare war, but the States only could raise troops. 309. What was the consequence of a similar arrangement during the Revolutionary War ? Great expense, delay, and inefficiency. 310. Why is Congress not allowed to make any appropriation for the support of the army for more than two years ? To prevent the maintenance of a standing army in time of peace, without the continued consent of the people. 311. How often are the appropriations for the army actually made? Every year. 312. WTiat is all the legislation that would be necessary at any time to disband the army? All that would be necessary for this purpose would POWERS GRANTED TO CONGRESS. 51 be for the Representatives of the people to omit pro- viding for its support in the annual appropriation bill. 313. Repeat Clause XII. Clause XIII. Congress shall have power ; " To provide and maintain a navy" 314. What may be remarked of the general object of this clause ? Its general object is the same as that relating to the Army. 315. What may be remarked of the danger of maintaining a large naval force ? A Navy is always considered less dangerous to the liberties of a country than a standing Army. Clause XIV. Congress shall have power ; " To make rules for the government and regulation of the land and naval forces." Clause XV. Congress shall have power ; " To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel in- vasions." 316. Why is Congress intrusted with th's power to call out the militia ? To enable them to discharge the duty of maintain- ing the public peace. 317. What would be the alternative if this power was not granted ? It would be necessary to maintain a standing army. 318. What is to be observed of the limitation of this power? Congress is not limited either in regard to the time jf service, or the place of operation. 319. What is inferred from the use of the word "provide?" Congress may instruct the President to judge of the 52 CONSTITUTION OF THE UNITED STATES. exigency, and to call out the militia, in certain con tingencies, during the recess of Congress. / 320. Repeat Clause XV. Clause XVI. Congress shall have power ; " To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States ; reserv- ing to the States respectively, the appointment of the officers, and the authority of training the militia, accord- ing to the discipline prescribed by Congress" 321. Why is it left to the State Governments to train the Militia and appoint the officers 1 The Militia is considered as intended mainly for the maintenance of the State Governments, to be called out by the General Government only in certain special exigencies. 322. Why is the organization and mode of discipline left to bo prescribed by Congress ? To secure uniformity in these respects, as well as efficiency in case of actual service. 323. Repeat Clause XVI. Clause XVII. Congress shall have power ; " To exercise exclusive legislation in all cases what- soever, over such district {not exceeding ten miles square,} as may, by cession of particular States, and the accept- ance of Congress, become the seat of the Government of the United States, and to exercise like authority over all places, purchased by the consent of the legislature of the State in which the same shall be, for the erection efforts magazines, arsenals, dockyards, and other needful build* irrgs" 324. To what does this clause principally relate ? To the seat of the National Government. V POWERS DENIED TO THE UNITED ST.VTES. 53 325. What limit is prescribed by the Constitution as to the extent of country to be occupied as the Seat of Government? It shall not exceed ten miles square. 326. What other limitation is given ? "* The place selected must be ceded for that purpose by the State or States within which it lies. 327. What provision is made in regard to places occupied by the United States for forts, arsenals, dockyards, &c. ? If purchased by the consent of the State Legisla- ture, the General Government acquires exclusive ju- risdiction over them, as in the case of the Seat of Government. 328. Repeat Clause XVII. Clause XVIII. Congress shall have power ; " To make all laivs which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers nested by this Constitution in the Govern- ment of the United States, or in any department or officer thereof" 329. How is this clause to be considered? Merely as declaratory of what is actually implied in the other provisions of the Constitution. 330. Why was it deemed necessary to make such a declaration ? Because in the Articles of Confederation there was an express declaration to the contrary effect, that is, prohibiting Congress from the exercise of any pow r ers not expressly granted. 331. Repeat Clause XVIII. Section IX. Powers denied to the United States. Clause I. " The migration or importation of such persons, as any of the States, now existing, shall think 5* 54 CONSTITUTION OF THE UNITED STATES. proper to admit, shall not be prohibited by the Congress inrior to the year one thousand eight hundred and eight ; hut a tax or duty may be imposed on such importation not exceeding ten dollars for each person" 332. To what does this clause relate ? To the abolition of the foreign Slave Trade. 333. Were any attempts made before the American Revolution tc prevent the importation of slaves into this country ? Several of the Colonies, before the Revolution, passed laws prohibiting the importation of slaves ; but these laws were negatived by the British Government. 334. What was the earliest period fixed upon in the Constitutioc for putting an end to the importation of slaves ? The year 1808. 335. What hindrance to the importation could Congress interpose, without directly prohibiting it ? A tax of ten dollars upon every person so imported. 336. When was the importation actually prohibited ? Congress passed a Bill in 1807, prohibiting the im- portation of slaves after January 1, 1808. 337. When was the importation into the British Colonies pro hibited ? The same year, 1808. Repeat Clause I. Clause II. " The privilege of the writ of habeas corpus shall not be suspended unless when, in cases of rebellion or invasion, the public safety may require it" 338. What is the object of this clause ? To prevent illegal imprisonment. 339. What remedy has a person who thinks himself illegally coo fined or imprisoned ? He petitions the judge to be brought into open POWERS DENIED TO THE UNITED STATES. 55 Court, in order that the cause of his imprisonment may be inquired into. 340. What is the meaning of the words habeas corpus 7 " That you have the body" 341. How are these words used ? \ The judge orders the person who holds another under confinement, to this effect : " See that you have the body" (produce the person in open court,) to be submitted to the decision of the judge. 342. When may Congress suspend this privilege ? In cases of rebellion and invasion. 343. Why were they prohibited from suspending it in all other cases ? To preserve the citizens of the United States from the oppressions that had been practised in Great Britain by the frequent suspension of this privilege. 344. Repeat Clause II. % clause iii. •■ No bill of attainder, or ex post facto law, shall be passed" 345. What is a Bill of attainder? A Bill passed by the Legislature, convicting a per- son of crimes, and punishing him therefor, without a regular trial. 346. What is the objection to a bill of attainder ? It deprives the citizen of his inalienable right of trial by jury. 347. What are ex post facto laws? Laws made after the act is done. 348. What is the operation of an ex post facto law ? When an act has been done against which there was no law, a law may be afterwards passed, decla- ftfl CONSTITUTION OF THE UNITED STATES. ring the act to have been a crime, and punishing it accordingly. 349. Is Congress allowed to pass such laws ? It is not. 350. Repeat Clause III. Clause IV. " No capitation or other direct tax, shall be laid, unless in proportion to the census or enumeration, herein before directed to be taken" 351. What is the object of this clause ? \ To prevent Congress from laying the burdens of Igovernment unequally upon different portions of the '.republic. 1 ^ Clause V. " No tax or duty shall be laid on articles exported from any State, 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" 352. What is the object of the first part of this clause ? To prevent Congress from injuring the interests of any one of the States. 353. How might this be done ? By laying a tax upon the export of its staple pro- ductions. 354 What is the object of the next part of the clause ? To prevent any preference of the ports of one State to those of another. 355. .To what does the last part of the clause refer ? To the practice, which existed previous to the Re- m volution, of requiring all vessels from the Colonies, no matter to what part of the world they were bound, to POWERS DENIED TO THE UNITED STATES. 57 go by way of Great Britain, and sail to and from some British port. 356. What was the object of that system ? To throw ail the commerce of the Colonies into the hands of the British. 357. What is the object of this prohibition in the Constitution ? To prevent Congress from putting the commerce of the country under the control of any particular sec- tion. 358. Repeat Clauses IV. and V. Clause VI. " No money shall be drawn from the trea- sury, but in consequence of appropriations made by laic; and a regular statement and account of the receipts and expenditures of all public money shall be published, from time to time" 359. What is forbidden in the first part of this clause? Drawing money from the Treasury, except in con- sequence of appropriations made by law. 360. What is required in the latter part of the clause ? Government is required to publish a full account of its receipts and expenditures. 361. What is the object of these provisions ? To make both the Legislature and the Executive duly responsible for the use of the public money. 362. Repeat Clause VI. Clause VII. " No title of nobility shall be granted by the United States : And no person, holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any Jcind whatever, from any Icing, prince, or foreign state" 363. Why are titles of nobility prohibited ? 58 CONSTITUTION OF THE UNITED STATES. Because in this country all citizens have equa. rights. 364. Why are officers of Government forbidden to receive any present, emolument, office or title, from foreign States or Princes ? To prevent foreign governments from unduly in- fluencing our affairs. 365. Repeat Clause VII. Section X. Powers denied to the States. Clause I. " No State shall enter into any treaty, al- liance, or confederation ; grant letters of marque and re- prisal ; coin money ; emit bills of credit ; make anything but gold and silver coin a tender in payment of debts ; pass any bill of attainder, ex post facto law, or laic im- pairing the obligation of contracts, or grant any title of nobility," 366. Why should no State be allowed to enter into any treaty, alliance, or confederation? Such a privilege would conflict with the powers granted to the General Government. 367. Why should no State be allowed to grant letters of marque and reprisal ? Such a privilege would enable one State, at its pleasure, to involve all the others in a general war. 363. Why should no State be allowed to coin money ? Such a privilege would lead to the introduction of a currency exceedingly various and changeable, instead of that simple and uniform currency which we now have. 369. What is alluded to in the prohibition to issue bills of credit ? The currency which existed during the Revolu- tionary War, and which was called " Continental money." 370. What is here meant by " Bills of Credit"? POWERS DENIED TO THE STATES, 59 Paper money; or promises to pay, issued by a State, in such a way, as to be used as a circulating medium, 371. Is this phrase interpreted to prohibit a State from borrowing vioney hy giving its bonds ? It is not. 372. What fact is alluded to in the prohibition to make anything But gold and silver coin a tender for the payment of debts ? During the Revolutionary War, laws were passed requiring the people to receive the Continental money at its par value, in payment of debts, 373. What is a legal tender ? Such an offer of payment as the creditor is obliged to accept, or forfeit his claim to interest, 374. Have bills of attainder, or tx pest facto laws, ever been passed in this country ? During the Revolutionary War, the States confis- cated the property of those who espoused the cause of the mother country. 375. What instances have occurred in our history of " laws im- pairing the obligation of contracts "? The laws, making the depreciated Continental mo- ney a legal tender, and various laws of the same kind, passed by the States during the Revolutionary War. 376. Are the States prohibited from making insolvent laws, dis- charging contracts in certain cases ? • The Supreme Court has decided that the States may pass such laws in reference to future contracts, but not to those which are pasL 377. Repeat the whole of Clause I. Clause II, " No State shall, without the consent of the Congress, lay any imposts or duties on imports or ex- ports, except xchat may he absolutely necessary for exe* 60 CONSTITUTION OF THE UNITED STATES. cuting its inspection laws ; and the net produce of all duties and imposts, laid by any State on imports or ex- ports, shall be for the use of the treasury of the Unitca States; and all such laws shall be subject to the revisior. and control of the Congress. No State shall, without tin consent of Congress, lay any duty on 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" 378. What is the object of the first part of this clause ? To prevent the States from making laws, interfering with the general authority of Congress, to regulate commerce. 379. What is necessary before any State can lay any imposts or duties on imports or exports ? The consent of Congress. 380. What are inspection laws? Laws requiring certain articles, raised in a State, to be examined and approved before exportation. 381. What is the object of such laws? To improve the quality of the articles exported. 382. What is done with the net produce of all duties laid by the States for this purpose ? It goes into the Treasury of the United States. 383. What still further limitation is put upon this power of the States ? The laws passed for this purpose are subject to the revision of Congress. 384. What would be the consequence of allowing the States to maintain troops and ships of war ? It would endanger the public safety. 385. Why should not the States be allowed to enter into compact with each other or with foreign States ? PRESIDENT AND VICE-PRESIDENT. 61 Such compacts would be incompatible with the safety of the Union. 386. In what case may the States engage in war ? When actually invaded, or in such imminent danger as will not admit of delay. 3S7. Repeat Clause II. ARTICLE II. Executive Department. Section I. President and Vice-President. Clause I. " 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 :" 388. In whom is the Executive power of the United States vested ? In the President. 389. For'how long a term is the President elected? For four years. 390. What other executive officer is chosen at the same time and for the same period ? The Vice-President. 391. How does the President's term of service compare with that of Senators and Representatives ? It is between the two; that of Senators being six years, that of Representatives two. 392. What advantage results from this arrangement ? The different departments of government are never all dissolved at the same time. 393. What evil might result from a shorter term of service ? Sudden fluctuations in the policy of the Genera] Government. 6 62 CONSTITUTION OF THE UNITED STATES. 394. What danger might be apprehended from too long a term of service ? It might tend to make the Executive independent of the will of the people. 395. Repeat Clause I. Clause II. " Each State shall appoint, in such man- ner 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" 396. For what docs this clause provide ? For the appointment of Electors, to choose the Pre- sident and Vice-President. 397. How are these Electors appointed ? In such manner as the Legislature of each State may direct. 398. To how many Electors is each State entitled ? To as many as the whole number of Senators and Representatives to which the State may be entitled in Congress. 399. What persons are disqualified from being appointed Electors? Senators, Representatives, and all persons holding any office of trust or profit under the United States. 400. Repeat Clause II. [Clause III. " The Electors shall meet in their respective States, and vote by ballot for two persons, of whom one, at least, shall not be an inhabitant of the same State with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each ; which list they shall sign and certify, and transmit, sealed, to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the PRESIDENT AND VICE-rRESIDENT. 63 certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of Electors appointed ; and if there be more than one, who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose, by ballot, one of them for President ; and if no person have a majority, then, from the five highest on the list, the said House shall, in like manner, choose the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote ; a quorum for this purpose, shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the Electors shall be the Vice-President. But if there should remain two or more who have equal votes, the Senate shall choose from them, by ballot, the Vice-President."] N. B. This clause has since been repealed. It is quoted here merely for reference, and not to be learned by the pupil. Instead of learning it, he should study the following, which is Article XII. of the Amendments, and which contains the present mode of electing the President and Vice-President. This Amendment is treated of here, because of its connexion with the present subject. Amendment, Article XII. Mode of choosing the President and Vice-President. Clause I. " The Electors shall meet in their respective States, and vote by ballot for President and Vice-Presi- dent, one of ivhom, 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 Presi- dent, 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 govern- ment of the United States, directed to the President of the Senate ; the President of the Senate shall, in the presence 64 CONSTITUTION OF THE UNITED STATES. 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 persons having the highest num- bers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose im- mediately, by ballot, the President. But in choosing the President, the votes shall be taken by States, the represen- tation from each State having one vote ; a quorum for this purpose shall consist of a member or members from tivo-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 to choose shall devolve upon them, before the fourth day of March next following, then the Vice-Presi- dent shall act as President, as in case of the death, or other constitutional disability, of the President." Clause II. " 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 tivo-thirds of the whole number of Senators ; a majority of the whole number shall be necessary to a choice" Clause III. " But no person constitutionally ineligible to the office of President, shall be eligible to that of Vice- President of the United States." 401. Where do the Electors meet ? In their respective States. 402. What is prescribed in regard to their mode of voting T PRESIDENT AND VICE-PRESIDENT. 65 It shall be by ballot. 403. What is the object of not allowing them to select Doth Pre lident and Vice-President from the same State with themse'ves? To prevent local partialities. 404. How are they required to make their ballots ? They shall name in their ballots the person votei* for as President, and in distinct ballots, the person voted for as Vice-President. 405. How does this differ from the former mode of balloting ? Before the amendment of the Constitution, the Electors in each State voted for two persons as can- didates for the Presidency. When the votes of all the States were collected, the one who had the greatest number of votes was President ; the one who had the next greatest number was Vice-President. By the present plan, the votes for President and Vice-Presi- dent are distinct. 406. What provision is made to prevent mistake in regard to the result of the balloting ? The Electors 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. 407. What provision is made to prevent fraud ? The Electors shall sign, certify, and seal the lists which contain the result of their votes. 408. Where do they send these lists ? To the Seat of Government. 409. To whom ? To the President of the Senate. ^ 410. Repeat that part of the Clause which relates to what is done by the Electors in each Siate. " The Electors shall meet in their respective States, and vote by ballot for President and Vice-President, one of whom, at lea«= f , shall not be an inhabitant o 6* 66 CONSTITUTION OF THE UNITED STATES. 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 Government of the United States, directed to the President of the Senate." 411. What provision is made to prevent frauds in counting the votes at the Seat of Government ? 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. 412. What number of Electoral votes is necessary to an election? A majority of the whole number. 413. Why should not a person be elected who had a plurality of votes ? In case there were several candidates, a person might be elected by a small number of votes, against the wishes of a large majority of the people. 414. Repeat that part of the clause which relates to the counting of the votes, and the number necessary to a choice. " 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." 415. What is to be done, in case no candidate has a majority of the whole number of votes ? The House of Representatives shall elect a Presi- dent. 416. By ballot, or viva voce ? PRESIDENT AND VICE-rRESIDENT. 6? By ballot. 417. When? Immediately. 418. How arc they limited in their choice ? To the three candidates highest on the list. 419. How was it, in this respect, before the Amendment ? The House chose from ihe five highest. 420. In what manner shall the votes of the House be taken in choosing the President ? By States ; the Representation from each State having but one vote. 421. What States are favoured by this mode of voting? The small States. The smallest State has, in such a case, as much weight as the largest. 422. What States have the preponderance when a choice is made by the Electors ? The large States. 423. In choosing the President by the House, what is necessary to make a quorum of the House ? A Member or Members from two-thirds of the States. 424. What number of States is necessary to a choice by the House ? A majority of all the States. 425. Repeat that part of the clause which relates to the election of President by the House. " If no person have such majority, then, from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the Presi- dent, the votes shall be taken by States, the Re- presentation from each State having one vote; a quorum for this purpose shall consist of a member or 3£ CONSTITUTION OF THE UNITED STATES. members from two-thirds of the States, and a majority of all the States shall be necessary to a choice." 426. If the right of choice devolves upon the House, and they faii immediately to choose a President, how long can this duty be deferred ? Not longer than the 4th of March next following. 427. Why is that day particularly named? Because the existing President's term of office ex- pires on that day. 428. In case the House fail to make a choice before the 4th of March, who succeeds to the Presidency ? The Vice-President. 429. Repeat that part of the clause which relates to the failure of the House to choose a President. "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 case of the death, or other constitu- tional disability of the President." 430. What number of Electoral votes is necessary to elect the Vice-President ? A majority of the whole number. 431. In case no one of the candidates has such a majority, how ia the Vice-President elected ? By the Senate. 432. How is the Senate limited in its choice ? To the two candidates highest on the list. 433. What constitutes a quorum of the Senate for choosing th4 Vice-President? Two-thirds of the whole number of Senators. 434. What number of Senators is necessary to a choice ? j A majority of the whole number. PRESIDENT AND VICE-PRESIDENT. 69 435. Does the Senate, in choosing 1 the Vice-President, vote by States ? It does not. 436. Repeat the clause relating to the election of Vice-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 ; a majority of the whole number shall be necessary to a choice." 437. Why are the same qualifications required of the Vice-Presi- dent as of the President ? Because, in certain cases, the Vice-President suc- ceeds to the office of President. 438. Repeat the clause referring to this. "But no person constitutionally ineligible to the of- fice of President, shall be eligible to that of Vice-Pre- sident of the United States." p 439. Repeat the whole of the Amendment relating to the mode of choosing President and Vice-President. Clause IV. " 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." 440. How is the time of choosing Presidential Electors determined ? By Congress. 441 What is this choice of Electors generally called ? The Presidental election. 442. Is the day for choosing Electors the same throughout th* States ? . 70 CONSTITUTION OF THE UNITED STATES. It is. By act of Congress, of January 23d, 1845, the electors are to be chosen in each State on the Tues- day next after the first Monday in November. 443. How is the day on which the Electors shall vote for Presi- dent and Vice-President determined ? That also is determined by Congress. 444. Under what limitation ? That it shall be the same throughout the United States. 445. What is the object of this provision ? To prevent fraudulent combinations. 446. Repeat Clause IV. Clause V. " No person, except a natural-born citizen, or a citizen of the United States at the time of the adop- tion of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office ivho shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States. 447. To what does this clause relate ? To the qualifications of the President. 448. Of what age must a person be, before he can be eligible to the office of President ? Thirty-five years. 449. How long must he have been a resident in the United States T Fourteen years. 450. Does this exclude from the office persons who are abroad in the public service ? It does not. 451. What is required in regard to birth ? The candidate must be a natural born citizen. 452. What temporary exception was made to this rule ? An exception in favour of those who were citizens at the time of the adoption of the Constitution. PRESIDENT AND VICE-PRESIDENT. 71 453. Why was this exception then made ? From gratitude to those distinguished foreigners who had taken part with us during the Revolution. 454. Repeat Clause V. Clause VI. " 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 Con- gress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice- President, declaring what officer shall then act as Presi- dent, and such officer shall act accordingly, until the disability be removed, or a President shall be elected." 455. When does the office of President devolve on the Vice-Pre sident ? In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of said office. 456. In case of the removal, death, resignation, or inability of both President and Vice-President, what is to be done ? Congress may, by law, provide for such a case, declaring what officer shall then act as President. 457. How long shall such officer act ? Until the disability shall be removed, or a President shall be elected. 458. Repeat Clause VI. Clause VII. " The President shall, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period, any other emolument from the United States, or any of them" 72 CONSTITUTION OF THE UNITED STATES. 459. Why should a compensation be granted to the President? The expense of the office might otherwise exclude persons in moderate circumstances. 460. Why should this compensation not be increased during the continuance of a President in office ? A corrupt President might abuse the patronage of his office, in order to get such increase of emolument. 401. Why should the compensation not be diminished during the continuance of a President in office ? If Congress had the power of diminishing indefinitely the compensation of the President, it would go far to destroy his independence. 462. What other restriction is put upon the compensation of the President ? He shall not receive, within that period, any other emolument from the United States, or any of them. 463. Repeat Clause VII. Clauses VIII. and IX. " Before he enter on the execu- tion of his office, he shall take the following oath or affirm- ation: ' I do solemnly swear (or affirm), that I will faith- fully 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? " 464. What must the President do before entermg upon his office 7 He must take an oath to perform faithfully the duties of his office. 465. What are the words of this Oatli ? Section II. Powers of the President. Clause I. " The President shall be commander-in ehief of the army and navy of the United States, and of POWERS OF THE PRESIDENT. 73 the militia of the several States, when called into the actual service of the United States ; he may require the opinion , in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment" 466. What military and naval command does the President hold ? He is Commander-in-chief of the Army arid Navy of the United States, and of the Militia of the several States, when called into the actual service of the United States. 467. Why should the command of the Army and Navy be in- trusted to the President, rather than to Congress ? Because military and naval operations require a degree of promptitude and unity, which could not be obtained in a numerous body like Congress. 468. What may the President require of the Heads of Depart- ments ? He may require their opinion, in writing, upon any subject relating to the duties of their respective of- fices. 469. Has the President any pardoning power ? He has power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. 470. In what manner is the pardoning power sometimes useful ? It enables the Executive, by a promise of pardon to one criminal, to detect and punish others. 471. In what case has the President no power of pardon? In cases of impeachment. 472. Repeat Clause I. Clause II. "He (the President) shall have power, by and 7 74 CONSTITUTION OF THE UNITED STATES. 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, shall appoint ambassadors, other public minis- ters, 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 ap- pointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of Departments" 473. To what does the first part of this clause relate ? To the treaty-making power. 474. By whom are Treaties made ? By the President. 475. How is the President limited in making a Treaty ? It must be by and with the advice and consent of the Senate. 476. How large a vote of the Senate is necessary to confirm a Treaty ? Two-thirds of the Senators present. 477. To what does the next part of this clause relate i The power of appointing officers. 478. What officers are appointed by the President ? 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 bo es- tablished by law. 479. What limitation is put upon the appointing power of tha President ? The appointments here named must be made by and with the advice and consent of the Senate. POWERS OF THE PRESIDENT. 75 480. What provision is made in the Constitution, in regard to the appointment of inferior officers ? 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 De- partments. 481. Is any provision made in the Constitution for the removal of persons from office ? There is not. 482. To whom has the power of removal been given in practice ? To the President. 483. Repeat Clause II. Clause III. " The President shall have power to Jill 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" 484. What provision is made for vacancies that may happen during the recess of the Senate ? The President has power to fill such vacancies. 485. For how long a time do the commissions thus granted con- tinue i They expire at the end of the next session of the Senate. 486. Why was it necessary to make some provison for temporary appointments of this sort to fill vacancies ? As these vacancies are continually occurring, by death, resignation, or otherwise, the operations of the Government would be liable to serious embarrassments, unless the Senate was kept in perpetual session. 76 CONSTITUTION OF THE UNITED STATES. Section III. Duties of the President. " He shall, from time to time, give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient ; he may, on extraordinary occa- sions, convene both Houses, or either of them, and in cate 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 laics be faithfully executed, and shall commission all the officers of the United States" 487. To what does the first part of this section relate ? The Messages of the President to Congress. 488. Is the duty of sending Messages to Congress optional with the President ? It is not ; it is obligatory. 489. If this duty were not required of the President, what ob- jection might possibly be made to the practice ? It might be objected to, as an improper interference of the Executive with the Legislative Department. 490. Why is it important that the President should communicate in this manner with Congress ? The Executive Department is necessarily better in- formed than any other Department, of the wants and resources of the nation, and of the other facts which form the appropriate basis for legislation. 491. What is the President, in his Messages to Congress, required to do? He is required to give information of the state of the Union, and to recommend to their consideration such measures, as he Shall judge necessary and ex- pedient. ^ DUTIES OF THE PRESIDENT. 77 492. What provision is made in regard to Extra Sessions a>f Congress ? The President may, on extraordinary occasions, convene both Houses, or either of them. 493. What provision is made, in case of disagreement of the Houses, with respect to the time of adjournment ? The President may adjourn them to such time as lie shall think proper. 494. To whom is given the power of receiving Ambassadors, and other public Ministers ? To the President. 495. To what danger is the exercise of this power liable ? In cases of revolution in foreign governments, or of a division of a foreign kingdom into two governments, the reception of an Ambassador or Minister from one government, might be construed by the other into an act of hostility. 496. What general duty is required of the President in regard tu the laws of the United States ? He shall take care that the laws be faithfully exe- cuted. 497. What is the supreme law of the land ? The Constitution itself, and all treaties and laws made under it. 498. What is the last duty required of the President ? He is required to commission all the officers of the United States. 499. Does this include those not appointed by him ? It does. f 500. What is the propriety of this provision ? All officers of the United States should possess some proper voucher of their rjght to office. 501. Repeat Section III. 7# * 78 CONSTITUTION OF THE UNITED STATES. Section IV. Impeachment of the President. " The President, Vice-President, and 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 misdemeanours." 502. Who are liable to impeachment? The President, Vice-President, and all civil officers of the United States. 503. Who are meant by officers of the United States ? Officers deriving their appointments from the Na- tional Government. 504. Does this include Members of Congress ? It does not. 505. What officers of the United States are there besides civil officers ? Military and Naval officers. 506. Are the officers of the Army and Navy liable to impeach- ment? They are not 507. Who are the persons chiefly meant, besides the President and Vice-President ? Heads of Departments ; Judges of the Supreme Court ; Marshals, Collectors, District Attorneys, &c. 508. For what offences are these officers liable to impeachment ? For treason, bribery, or other high crimes and misdemeanours. 509. What is the extent of the penalty in cases of impeachment 1 Removal from office, and disqualification to holr office in future. 510 Repeat Section IV. ■* UNITED STATES COURTS. 79 NL ARTICLE III. Judicial Department. Section I. United States Courts. " 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 behaviour, and shall, at stated times, receive for their services a com- pensation, which shall not be diminished during their con- tinuance in office. 511. Where is the Judicial power of the United States vested? In one Supreme Court, and such other courts as Congress may from time to time establish. 512. Has Government any discretion in regard to the establish, ment of a Supreme Court ? It has not. The establishment of one Supreme Court is positively required. 513. Why is a Supreme Court absolutely essential? To insure uniformity in the interpretation of the laws. 514. What discretion has Congress in the matter? Congress has the power of deciding whether any inferior Courts shall be established. 515. What are the inferior Courts, established by Congress, called ? District Courts, and Circuit Courts. 516. How many of these Courts have been established by Con- gress ? Forty-two District Courts, and nine Circuit Courts. 517. How arc the Judges of all the United States Courts ap. pointed ? By the President, by and with the advice and con- sent of the Senate. 80 CONSTITUTION OF THE UNITED STATES. 518. What is their tenure of office ? During good behaviour. 519. Why is this considered better than appointing them for term of years ? It makes them more independent in their decisions. 520. What provision is made in regard to their compensation? They shall at stated times receive for their ser- vices, a compensation, which shall not be diminished during their continuance in office. 521. Why is Congress not allowed to diminish a Judge's salary during his continuance in office? Such a power would enable Congress to overawe the Judges. 522. Are the Judges entirely irresponsible ? They maybe impeached for misconduct. 523. Repeat Section I. Section II. Jurisdiction of the United States Courts. Clause I. " The Judicial poicer 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 affect- ing ambassadors, other public ministers, and consuls ; to all cases of admiralty and maritime jurisdiction ; to con- troversies to which the United States shall be a party ; to controversies between two or more States, between a State and citizens of another State, between citizens of different States, between citizens of the same State, claiming lands under grants of different States, and between a State, or the citizens thereof, and foreign States, citizens or sub jects" 524. To what does this clause relate ? JURISDICTION OF THE UNITED STATES COURTS. 81 To the extent of the jurisdiction of the United States Courts. 525. Are the cases over which they exercise jurisdiction nu- merous ? They are. 526. What is the first class of cases which may be brought before them ? Cases arising under the Constitution and Laws of the United States, and Treaties made by them. 527. Why should the United States Courts have the power of judging in all such cases ? Because the Judicial power should always be co- extensive with the Legislative and Executive powers. 528. What is the second class of cases which may be brought before the United States Courts? Cases affecting Ambassadors, other public Ministers, and Consuls. 529. -To what laws are foreign ministers amenable ? To the law of nations, and the laws of the State from which they are sent. 530. Why are public ministers not subject to the particular laws of the State or Nation to which they are sent ? Because they are the immediate representatives of the national sovereignty, which owes no subjection to foreign States. 531. Why should the National Courts alone have jurisdiction in cases relating to foreign ministers ? Because such cases always involve questions of national interest. 532. What is the third class of cases which may be brought (jefore the United States Courts ? Cases of admiralty and maritime jurisdiction. 533. In what two ways may these cases arise ? 82 CONSTITUTION OF THE UNITED STATES. They may arise either out of acts done at sea, or out of rights claimed under the laws of commerce. 534. Why should acts done at sea be tried solely by the National Courts ? Because such acts involve questions of international law. 535. Why should rights claimed under the laws of commerce be tried solely by the National Courts ? Because the regulation of commerce is given ex- clusively to the General Government. 536. What is the fourth class of cases which may come before the United States Courts ? Controversies to which the United States shall be a party. 537. What would be the consequence of not allowing the General Government to sue in its own courts ? The United States would be compelled to sue for their rights through the State tribunals, and conse- quently become subject to State jurisdiction. 538. What is the fifth class of cases which may come before the United States Courts ? All cases in which the parties belong to different States, or claim under laws of different States. 539. Enumerate in order the controversies which may arise from this cause. 1. Between two or more States. 2. Between a State, and citizens of another State. 3. Between citi- zens of different States. 4. Between citizens of the same State, claiming lands under grants of different States. 5. Between a State or its citizens, and foreign States, citizens or subjects. 540. Why should these controversaries be decided by the National Courts, and not by the State Courts ? JURISDICTION OF THE UNITED STATES COURTS. 83 Because the several States would naturally be in- clined to favour themselves, and their own citizens. 541. What would be the consequence of not having some common and impartial umpire to decide such cases ? Dissensions among the States, and collisions with foreign States. 542. When is a State a party in a suit ? Only when it is named as such on the record. 543. Can a suit be brought against a State by a private citizen ? It could, as the Constitution was at first. An amendment was afterwards adopted, to prevent this. Amendment, Article XI " The judicial power of the United States shall not be construed to extend to any suit in laic 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 " 544. Why was this amendment adopted ? Because it was thought derogatory to State sove- reignty, to allow a State to be sued by a private citizen. Clause II. " In all cases affecting ambassadors, other public ministers, and consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before 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 maheP 545. To what does this clause relate ? To the jurisdiction of the Supreme Court. 546. What two kinds of jurisdiction has the Supreme Court? Original and Appellate. 84 CONSTITUTION OF THE UNITED STATES. 547. What is original jurisdiction? The right to decide a case which has been before no lower Court previously. 548. What is appellate jurisdiction ? The right to decide a case which is brought up by appeal from a lower Court. 549. In what cases only may the Supreme Court have original jurisdiction? In all cases affecting ambassadors, other public minis- ters, and consuls, and those in which a State shall be a party. 550. What is the character of its jurisdiction in all the other cases to which the judicial power of the United States extend ? In all the other cases before mentioned, the Su- preme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make. 551. Repeat Clause II. Clause III. " The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall he 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" 552. To what does the first part of this clause relate? The mode of trial. 553. What mode of trying crimes is required ? Trial by jury. 554. What is the only exception to this rule 1 The case of impeachment. 555. How has the right of trial by jury ever been regarded ra this country ? As the greatest safeguard for personal liberty. 556. To what does the latter part of the clause relate ? TREASON. 85 The place of trial. 557. Where shall the trial of crimes be held ? In the State where said crimes shall have been committed. 558. What is the object of this provision ? To prevent the accused from being subjected to un- necessary expense and difficulty in procuring testi- mony, and to secure to him all the advantage of being tried where the facts are most likely to be known. 559. Where are crimes to be tried which are committed at sea, or not within the jurisdiction of any State ? At such place, or places, as Congress may by law have directed. 560. Repeat Clause III. Section III. Treason. Clause I. " 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 testi- mony of two witnesses to the same overt act, or on con- fession in open court." 561. What does the first part of this clause contain ? A definition of treason. 562. In what does treason against the United States consist ? In levying war against them, or in adhering to their enemies, giving them aid and comfort. 563. Why was it thought necessary so particularly to define this crime ? Because, in times of political excitement, acts of a much less heinous character have often been exag gerated and construed into the crime of treason. 8 86 CONSTITUTION OF THE UNITED STATES. 564. To what does the latter part of this clause relate ? The proof of treason. 565. What is necessary to convict a person of treason ? The testimony of two witnesses to the same overt act, or confession in open court. 566. Why is the testimony of two witnesses thought necessary ? To protect the accused party against misrepresen- tation. 567. Why is there more danger of misrepresentation in this, than in other crimes ? Because the charge of treason is generally made by interested partisans, and in times of great political excitement. 568. Why is it required that confession of ♦reason, in order to be valid proof of guilt, should be made in open court ? To protect the accused party against being ruined by hasty and unguarded expressions, and against being incorrectly reported. 569. How is treason to be regarded ? As the worst crime against society that can be committed. 570. Repeat Clause I. Clause II. " The Congress shall have power to declare the 'punishment of treason, hut no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted" 571. To what does this clause relate ? The punishment of treason. 572. What provision is made in regard to the punishment of treason ? It is left to Congress to declare what shall be the punishment of treason. 573. What is the punishment of treason, by the common law of England ? STA.TE RECORDS. 87 The traitor is to be taken to the gallows on a hurdle, hung by the neck, cut down alive, his entrails taken out and burned while he is yet alive, his head cut off, and his body quartered ; beside the forfeiture of his estate and the corruption of his blood. 574. What has Congress declared to be the punishment for treason against the United States? Death by hanging. 575. How are Congress limited in declaring the punishment of treason ? No attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted. 576. What is mea:;t by an attainder of treason? Conviction of the crime of treason. 577. What is meant by corruption of blood? One, whose blood is corrupted, cannot inherit pro- perty from others, nor transmit an inheritance to his children ; his blood ceases to have any inheritable qualities. 578. How far may Congress declare an estate forfeited ? Only during the life of the traitor. 579. Repeat Clause II. A ARTICLE IV. Section I. State Records. " Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings, of every other State. And the Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings, shall be proved, and the effect thereof." 88 CONSTITUTION OF THE UNITED STATES. 580. How shall the public acts, records, and judicial proceedings of one State be regarded ? Full faith and credit shall be given to them in every other State. 581. To whom is it left to prescribe the manner in which such acts, records, and proceedings, shall be proved ? To Congress. 582. What else may Congress prescribe i The effect of such acts, records and proceedings. 583. What would be the consequence of not having some provi- sion of this sort ? When a legal investigation and decision had been made in one State, it might be necessary to repeat the same in every State to which the parties should go. 584. Repeat Section I. Section II. Privileges of Citizens, fyc. Clause I. " The citizens of each State shall be enti- tled to all privileges and immunities of citizens in the several States" 585. What is the object of this provision ? To prevent the States from giving unjust prefer- ences to their own citizens. 586. What is the effect of such preferences 7 Alienation and discontents. 587. Repeat Clause I. Clause II. " A person charged in any State with trea- son, felony, or other crime, ivho shall flee from justice, and be found in another State, shall, on demand of the execu- tive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime" NEW STATES AND TERRITORIES. 89 588. To what does this clause relate ? To the restoration of fugitive criminals. 589. If a person, charged in any State with treason, felony, or ;ihoi crime, flee fiom justice, and be found in another State, who las the right to claim him ? The Executive authority of the State from which ne may have fled. 590. What shall be done in such a case ? He shall be delivered up, to be removed to the State having jurisdiction of the crime. 591. Repeat Clause II. Clause III. " No person held to service or labour in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labour, but shall be deli- vered up on claim of the party to whom such service or labour may be due" 592. To what does this clause relate ? To the restoration of fugitive slaves. 593. If a person held to service or labour in one State, under tho laws thereof, escape into another, can such other State, by any law or regulation, discharge said person from his service or labour ? It cannot. 594. What shall be done in such a care ? The person shall be delivered jp, on the claim of the party to whom such service or labour may be due. 595. Repeat Clause III. Section III. New States and Territories. Clause I. " New States may be admitted by the Con- gress 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, 8* 00 CONSTITUTION OF THE UNITED STATES. or parts of States, without the consent of the legislatures of the States concerned, as well as of the Congress" 596. To what does this clause relate? The admission of new States into the Union. 597. What Department of Government has the power of admitting new States into the Union ? Congress. 598. In what two cases is this power denied to Congress ? When a new State is to be formed within the juris- diction of any other State, or by the junction of two or more States, or parts of States. 599. What is necessary in such a case ? The consent of the States concerned, as well as of Congress. 600. Repeat Clause I. Clause II. " 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 con- strued as to prejudice any claims of the United States, or of any particular State" 601. To what does this clause relate? To the government of the Territories of the United States. 602. What power is given to Congress in this respect ? Congress shall have power to dispose of, and make all needful rules and regulations respecting, the terri- tory, or other property, belonging to the United States. 603. What limitation is put upon this power of Congress over the Territories ? Nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State. GUARANTEE TO THE STATES. 91 604. What was the cause of inserting this limitation ? At the time of the adoption of the Constitution, ;here were in the Western Territory certain contested dtles, which, however, have since been settled. 605. Repeat Clause II. Section IV. Guarantee to the States. " The United States shall guaranty to every State in this Union a republican form of government, and shall protect each of them against invasion ; and, on applica- tion of the legislature, or of the executive (when the legis- lature cannot be convened), against domestic violence" 606. What shall the United States guaranty to every State in this Union ? A republican form of government. 607. What would be the consequence of one State adopting a monarchical form of government ? It might endanger the liberties of the other States. 608. For whom is this guarantee principally intended ? For the people of each State, to secure them against the anti-republican machinations of demagogues. 609. What do the United States further undertake ? To protect each of the States against invasion. 610. What is the last thing, mentioned in this clause, which thf United States undertake ? To protect each of the States against domestic violence. 611. To what does this relate ? To the case of domestic insurrections or riots. 612. What is necessary, in such a case, to obtain the assistance of the United States ? 92 CONSTITUTION OF THE UNITED STATES. An application of the Legislature of the State, or if they cannot be convened, of the Executive. 613. Repeat Section IV. * * ARTICLE V. Power of Amendment. " The Congress, whenever two-thirds of both Houses chall 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 Constitu- tion, when ratified by the legislatures of three-fourths of the several States, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress ; Provided, that no amend- ment, which may be made prior to the year one thousand eight hundred and eight, shall, in any manner, affect the first and fourth clauses in the ninth section of the first article ; and that no State, without its consent, shall be deprived of its equal suffrage in the Senate" 614. For what does this article provide ? The mode of making amendments to the Consti- tution. 615. Why was it thought necessary to provide for amending the Constitution ? The Constitution of the United States was an expe- riment in the history of nations, and its practical ope- ration could not with certainty be foreseen. 61 6. What would be the consequence of having a fixed Constitu tion, without any peaceable means of amendment ? In. case any of its provisions worked badly, they would either be silently neglected, or the Constitution itself broken up by a revolution. POWHR OF AMENDMENT. 93 617. What should be guarded against in providing for amend- ments ? The mode of making an amendment should not be so easy as to lead to changes without serious cause, or proper deliberation. 618. In what two ways may amendments be proposed ? By Congress, or by a Convention called for the purpose. 619. When may Congress by itself propose amendments ? Whenever two-thirds of both Houses deem it ne- cessary. 620. When shall Congress call a Convention for proposing amendments ? On application of the Legislatures of two-thirds of the several States. 621. When an amendment has been proposed by Congress, or by a Convention, in how many ways may it be ratified ? In two ways. 622. What is the first mode of ratifying a proposed amendment ? By the State Legislatures. 623. What is the other mode ? By Conventions in the States, called for the purpose. 624. What proportion of the States must, in one of these ways ratify an amendment before it can be adopted ? Three-fourths. 625. How is the mode of ratification in any particular case de- termined ? By Congress. 626. What is the effect of an amendment when thus proposed and ratified ? It shall be valid, to all intents and purposes, as a part of the Constitution. 627. What temporary limitation was made to the power of amendment ? No amendment, which might be made prior to 94 CONSTITUTION OF THE UNITED STATES. 1808, should, in any manner, affect the first and fourth Clauses, in the Ninth Section of Article I. 628. To what does the first of these clauses relate ? ' To the importation of slaves. 629. To what does the other clause relate ? To the apportionment of taxes. 630. What permanent limitation was made to the power of amendment ? No State, without its consent, shall be deprived of its equal suffrage in the Senate. 631. How many amendments to the Constitution have already been proposed and ratified ? Twelve. * 632. Repeat Article V. ARTICLE VI. Public Debt, Supremacy of the Constitution, Oath of Office, Religious Test. Clause I. " All debts contracted, and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States, under this Constitution, as under the Confederation" 633. To what does this clause relate ? To the assumption by the United States of the debts contracted under the Confederation. 634. What is the acknowledged law of nations on this subject ? The obligation of a national debt continues, not- withstanding any changes in its form of government. 635. Why was it deemed advisable, in adopting the Constitution, to make a formal declaration on the subject ? To allay any apprehensions of the public creditors* 636. Repeat Clause I. PUBLIC DEBT, ETC. 95 Clause II. " This Constitution, and the laics 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 laxo of the land ; and the judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding" 637. What is declared in regard to the Constitution, and the Laws and Treaties made under it by the United States ? They are declared to be the supreme law of the land. 638. What provision is made in the latter part of the clause to se- cure this supremacy ? The Judges in every State are bound by them, any- thing in the Constitution or laws of any State to the contrary notwithstanding. 639. Repeat Clause II. Clause III. " The Senators and Representatives before mentioned, and the members of the several State legisla- tures, 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" 640. Who are required to bind themselves by oath or affirmation to support the Constitution of the United States ? The Senators and Representatives, the members of tne several State Legislatures, and all Executive and Judicial officers, both of the United States, and of the several States. 641. Why are the legislators and officers of the several States required to bind themselves to support the Constitution of the United States ? Because the State Governments have a necessary 96 CONSTITUTION OF THE UNITED STATES. and important agency in carrying the Constitution of the United States into effect. 642. Give an example in which the action of the State Govcn^ ments is necessary to the operations of the National Government. The election of United States Senators depends, in all cases, upon the action of the State Legislatures. 643. What prohibition is made in regard to religious tests ? No religious test shall ever be required as a qualifi- cation to any office or public trust under the United States. ARTICLE VII. Ratification of the Constitution. " The ratification of the Conventions of nine States shall be sufficient for the establishment of this Constitution between the States so ratifying the same." 644. What was necessary for the establishment of the Constitu- tion '/• Its ratification by nine of the States. 645. Would its ratification by only nine States have made it obligatory upon the four other States ? It would not. 646. On whom would it have been obligatory in such a case ? Only upon the States so ratifying it. 647. By how many of the States was it at first ratified ? By eleven. 648. Which of the States did not adopt the Constitution till after it had gone into operation ? Rhode Island and North Carolina. *- AMENDMENTS TO THE CONSTITUTION. C49. How are the first ten articles of the Amendments to be regarded ? As a Bill of Rights. 650. What is a Bill of Rights? A formal declaration of certain rights belonging to the people as individuals, and not delegated in forming the National and State Governments; 651. Is not the whole Constitution in the nature of a Bill of Rights? It is. Most of the things, usually specified in a Bill of Rights, are cither expressly provided, or tacitly implied in the Constitution. 652. Why was it thought expedient to make a more formal declaration on the subject? On account of the extreme jealousy of the American people re- specting both personal and political liberty. 653. What was one of the prominent objections against the adoption of the Constitution? The want of a Bill of Rights. 654. What was done to obviate this defect ? Congress, immediately after the ratification of the Constitution, took measures for its amendment, by the adoption of ten Articles, which are almost entirely declaratory in their character. ARTICLE I. Freedom of Rljligion, &c. " Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof or abridging the freedom of speech, or of the press ; or the right of the peo- ple peaceably to assemble, and to petition the government for a redress of grievances." 655. What is the first prohibition upon Congress in reference to the subject of relfgion ? Congress shall make no law respecting an establishment of religion. 656. What other restriction is put upon Congress in regard to religion? It shall make no law prohibiting the free exercise thereof. 657. How is Congress restricted in regard to the freedom of speech, and of the press ? It shall make no law abridging the same. 658. How is Congress restricted in regard to the right of petition? It shall make no law abridging the right of the people peaceably to assemble and petition the Government for a redress of grievances. 9 (07) 98 AMENDMENTS TO THE CONSTITUTION. ARTICLE II. Right to bear Arms. " A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed." (559. What is here declared of a well regulated militia ? It is declared to be necessary to the security of a free State. 6C0. What are some of the obvious advantages of maintaining the militia? A certain amount of military organization among the people, and a large quantity of arms always in their hands. 661. By what means have usurpers commonly overthrown the liberties of a country? By disarming the people, and maintaining an armed soldiery. ARTICLE III. Quartering Soldiers on Citizens. " No soldier shall, in time of peace, be quartered in any house, without the consent of the owner ; nor, in time of war, but in a manner to be prescribed by law." ("62. From what did this provision originate? From the custom which has often prevailed in times of violence, of billeting soldiers upon private citizens, without regard to the rights or convenience of the latter. ARTICLE IV. Search Warrants. " The right of the people to be secure in their persons, houses, 'papers and effects, against unreasonable searches and seizures, shall not be violated ; and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particu- larly describing the place to be searched, and the persons or things to be seized." 663. What right is it declared in this article shall not be violated? The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures. 664. What is the only condition upon which warrants can issue ? No warrants 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. ARTICLE V. Trial for Crime, Sic. " No person shall be held to answer for a capital, or other- wise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war, or public danger ; nor shall any person be subject, for the same offence, to be twice put in jeopardy of life or limb ; nor shall be compelled in any criminal case, to be a witness against himself, nor be deprived of life, liberty, or property, without RIGHTS OF ACCUSED PERSONS. 99 due process of law ; nor shall private property be taken for public use, without just compensation." 665. What process is necessary before a person can be held to answer for a capital, or otherwise infamous crime ? A presentment or indictment of a Grand Jury. 660. What class of crimes is exempt from this mode of proceeding? Cases arising in the land or naval forces. 667. How are such cases always tried? By Courts-Martial. 668. When are offences in the militia tried by a Court-Martial ? Only when in actual service, in time of war or public danger. 669. Can a person who has been convicted or acquitted, be tried a second time for the same offence ? No person shall be subject for the same offence to be twice put in jeopardy of life or limb. 670. Can a person be obliged to testify against himself? No person shall be compelled, in any criminal case, to be a witness against himself. 671. What is the next provision ? No person shall be deprived of life, liberty, or property, without due process of law. 672. What is the last provision ? Nor shall private property be taken for public use, without just compensation. ARTICLE VI. Rights of Accused Persons. " In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law ; and to be informed of the nature and cause of the accusation ; to be confronted with the witnesses against him ; to have com- pulsory process for obtaining witnesses in his favour ; and to have the assistance of counsel for his defence." 673. In all criminal prosecutions, what right shall the accused enjoy? The right to a speedy and a public trial. 674. By whom shall the accused be tried? By an impartial jury of the State and district wherein the crime shall have been committed. 675. What provision is made in regard to the district in which he shall b« tried? It must be in some district previously ascertained by law. 676. Of what has the accused the right to be informed? Of the nature and cause of the accusation. 677. What right has he in regard to the witnesses against him? The right to be confronted with them. 678. What right is secured in regard to testimony and counsel ? The right to have compulsory process for obtaining witnesses in his favour, and to have the assistance of counsel for his defence. 100 AMENDMENTS TO THE CONSTITUTION. ARTICLE VII. Suits at Common Laav. " In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved ; and no fact, tried by a jury, shall be otherwise re- examined in any court of the United States, than according to the rules of the common law" 670. How far is the right of trial by jury preserved in suits at common law? Whenever the valu j in controversy shall exceed twenty dollars. €80. What provision is made in regard to the re-examination of facts once tried by a jury 1 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 com- mon law. ARTICLE VIII. Excessive Bail. " Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted." 081. What historical fact is to be noted in regard to this irovision ? It is an exact copy of a clause in the Bill of Rights, adopted in England during the Revolution of 1688. ARTICLE IX. " The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people" 682. What is the object of this provision? To prevent the conclusion, that the rights enumerated in the pre- vious articles, were all that belonged to the public. ARTICLE X. 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First Lessons in Geography ; for young children. Designed as an Introduction to the author's Primary Geography. By S. Augustus Mitchell, author of a Series of Geographical Works. Illustrated with maps and numerous engravings. Price $0.38 Mitchell's Primary Geography. An Easy Introduction to the study of Geography. Designed for the instruction of children in Schools and Families. Illustrated by nearly one hundred engravings and sixteen colored maps. By S. Augustus Mitchell Price $0.42 Mitchell's New Intermediate Geography. An entirely new work. The maps are all engraved on cop- per, in the best manner, and brought down to the present date. It is profusely illustrated with beautiful engravings, and is the most complete quarto Geography ever issued in the world . Price &1.12J Published by E. H. BUTLER & CO,, Philadelphia. CATALOGUE OF STANDARD BOOKS. Mitchell's School Geography and Atlas. New Revised Edition. A System of Modern Geography, comprising a description of the present state of the World, and its five great divisions, America, Europe, Asia, Africa, and Oceanica, with their several Empires, Kingdoms, States, Territories, etc. Embellished by numerous engravings. Adapted to the capacity of youth. Accompanied by an Atlas containing thirty-two maps, drawn and engraved expressly for this work. By S. Augustus Mitchell. . Price $1.20 Mitchell's Ancient Geography and Atlas. First Edition. Designed for Academies, Schools, and Fami- lies. A System of Classical and Sacred Geography, embel- lished with engravings of remarkable events, views of ancient cities, and various interesting antique remains. Together with an Ancient Atlas, containing maps illustrating the work. By S. Augustus Mitchell. ... Price $1.25 Mitchell's New Ancient Geography. An entirely new work, elegantly illustrated. . Price $1.13 Mitchell's Intermediate Geography. First Edition. Intermediate or Secondary Geography. A System of Modern Geography, comprising a description of the pre- sent state of the World, and its great divisions, illustrated by more than forty colored maps, and numerous wood-cut engravings. By S. Augustus Mitchell. . Price $0.84 Published by E. E. BUTLER & CO., Philadelphia. CATALOGUE OF STANDARD BOOKS. Mitchell's Geographical Question Book, comprising Geographical Definitions, and containing ques- tions on all the maps of Mitchell's School Atlas ; to which is added an Appendix, embracing valuable Tables in Mathe- matical and Physical Geography. . . Price $0.25 Mitchell's Biblical Geography. Sabbath School Geography, designed for instruction in Sabbath School and Bible Classes, illustrated with colored maps and wood-cut engravings. By S. Augustus Mitchell. Price $0.75 Smith's English Grammar. English Gram- mar on the Productive System : a method of instruction re- cently adopted in Germany and Switzerland. Designed for Schools and Academies. By Roswell C. Smith. Price $0.25 Comstock's Elocution. A System of Elo- cution, with special reference to Gesture, to the treatment of Stammering and Defective Articulation ; comprising numerous diagrams and engraved figures illustrative of the subject. By Andrew Comstock, M. D., Principal of the Vocal and Polyglott Gymnasium. Twentieth edition, en- larged Price $1.00 Flanders's Constitution of the United States. An Exposition of the Constitution of the United States. Designed as a Manual of Instruction. By Henry Flanders, author of " The Lives and Times of the Chief Justices," etc Price $0.84 Published by E. H. BUTLER & CO., Philadelphia. CATALOGUE OF STANDARD BOOKS. Hart's Constitution of the United States. A Brief Exposition of the Constitution of the United States, for the use of Common Schools. By John S. Hart, LL. D., Principal of the Philadelphia High School, and Professor of Moral, Mental, and Political Science in the same. Price $0.30 Hart's English Grammar. English Gram- mar, or An Exposition of the Principles and Usages of the English Language. By John S. Hart, A. M., Principal of the Philadelphia High School, and Member of the American Philosophical Society. .... Price $0.34 Hart's Class Book of Poetry. Class Book of Poetry, consisting of Selections from Distinguished English and American Poets, from Chaucer to the present day. The whole arranged in chronological order, with Bio- graphical and Critical Remarks. By John S. Hart, LL. D., Principal of the Philadelphia High School. . Price $0.84 Hart's Class Book of Prose. Class Book of Prose, consisting of Selections from Distinguished English and American Authors, from Chaucer to the present day. The whole arranged in Chronological order, with Bio- graphical and Critical Remarks. By John S. Hart, LL. D., Principal of the Philadelphia High School. . Price $0.84 Coleman's Historical Geography of the Bible. An Historical Geography of t*he Bible. By Rey. Lyman Coleman. Illustrated by maps, from the latest and most authentic sources, of various countries mentioned in the Scriptures. New edition, with additions. . Price $1.25 Published by E. H. SUTLER & CO., Philadelphia. 8 CATALOGUE OF STANDARD BOOKS. » Angell's Reader, No. 1. The Child's First Book: containing Easy Lessons in Spelling and Reading. Being the first of a series, complete in six numbers. By Oliver Angell, A.M., Principal of the Franklin High School, Providence. New Edition. . . Price $0.08 Angell's Reader, No. 2. The Child's Second Book: containing Easy Lessons in Spelling and Reading. Being the second of a series, complete in six numbers. By Oliver Angell, A. M., Principal of the Franklin High School, Providence. New Edition. . . Price $0.14 Angell's Reader, No. 3. The Child's Third Book: containing Easy Lessons in Spelling and Reading. Being the third of a series, complete in six numbers. By Oliver Angell, A.M., Principal of the Franklin High School, Providence. New Edition. . . Price $0.17 Angell's Reader, No. 4. The Child's Fourth Book: containing Easy Lessons in Spelling and Reading. Being the fourth of a series, complete in six numbers. By Oliver Angell, A.M., Principal of the Franklin High School, Providence. New Edition. . . Price $0.30 Angell's Eeader, No. 5. Angell's Fifth Reader: containing Lessons in Reading and Spelling. Being the fifth of a series, complete in six numbers. By Oliver Angell, A.M., Principal of the Franklin High School, Providence. New Edition Price $0.50 Published by E. E. BttTLES & CO., Philadelphia. CATALOGUE OF STANDARD BOOKS. 9 Angell's Header, No. 6. The Select Header : designed for the higher classes in Academies and Schools. Being the sixth and last of the series. By Oliver Angell, A.M., Principal of the Franklin High School, Providence. New Edition Price $0.75 Kendall's Uranography. Uranography ; or a Description of the Heavens, designed for the use of Schools and Academies ; accompanied by an Atlas of the Heavens, showing the Places of the Principal Stars, Clusters, and Nebulae. By E. Otis Kendall, Professor of Mathematics and Astronomy in the University of Pennsylvania, and Mem- ber of the American Philosophical Society. The Uranogra- phy contains 365 pages, 12mo., with 9 fine engravings. The Atlas is in 4to., and contains 18 large maps. Price $1.5C Fleming and Tibbins' Pronouncing French and English, and English and French Dictionary, abridged. A New and Complete French and English, and English and French Dictionary, on the basis of the Royal Dictionary, English and French, and French and English. By Professor Fleming, formerly Professor of English in the College Louis le Grand, and Professor Tibbins, Professor, and author of several lexicographical works. With Complete Tables of the Verbs, on an entirely new plan, to which the verbs through- out the work are referred. By P. W. Gengembre, Professor of Foreign Languages in the Girard College. The whole prepared by J. Dobson, Member of the American Philoso- phical Society, of the Academy of Natural Sciences of Phila- delphia, etc., etc. . . . . . Price $1.13 Published by E. H. BtlTLEE & CO., PbiladelpMa. 10 CATALOGUE OF STANDARD BOOKS. Fleming and Tibbins French and English, and English and French Dictionary. 8vo. fine sheep. A New and Complete French and English, and English and French Dictionary, on the basis of the Royal Dictionary, English and French, and French and English. By Professor Fleming, formerly Professor of English in the College of Louis le Grand, and Professor Tibbins, author of several lexicographical works. With Complete Tables of the Verbs, on an entirely new plan, to which the verbs throughout the work are referred. By P. W. Gengembre, Professor of Foreign Languages in Girard College. The whole prepared, with the addition, in their respective places, of a very great number of Terms in the Natural Sciences, Chemistry, Medi- cine, etc., etc., which are not to be found in any other French and English Dictionary, by J. Dobson, Member of the Ame- rican Philosophical Society, of the Academy of Natural Sciences, etc., etc. New edition, revised and corrected. 1 vol. 8vo Price $3.00 Nugent' s French and English Dictionary. A New Pocket Dictionary of the French and English Languages, in two parts: 1. French and English ; 2. English and French. Containing all the words in general use, and authorized by the best writers. By Thomas Nugent, LL. D. Price $0.62 Porney's Syllabaire Francais, or French Spelling Book. Revised, corrected, and improved, with the ad- dition of the most necessary verbs, adjectives, and idiomatical phrases alphabetically arranged. By J. Meier, late Professor of French and German in Yale University. . Price $0.34 Published by E. H. BUTLER & CO., Philadelphia. CATALOGUE OF STANDARD BOOKS. 11 Geographie Elementaire a riTsage des Ecoles et des Families. IllustrSe par 15 cartes et 30 Grav- ures. Par Peter Parley Price $0.60 Histoire des Etats Urns d'Amerique, avec Notices des autres parties du Nouveau Monde. Par Samuel G. Goodrich Price $0.94 Petite Histoire Universelle a l'TTsage des Ecoles et des Families. Par S. G. Goodrich. Price $0.94 Philosophie Proverbiale. Par Martin F. Tupper, Docteur en Droit, et Membre de la Socidte Royale. Traduite en Francais d'apres la Dixieme Edition, par George Metivier. Revu et corrige par F. A. Bregy, Pro- fesseur de Francais a la Haute Ecole Centrale de Phila- delphie Price $0.75 Donnegan's Greek and English Lexicon. A New Greek and English Lexicon, on the plan of the Greek and German Lexicon of Schneider ; the words alphabetically arranged — distinguishing such as are poetical, of dialectic variety, or peculiar to certain writers and classes of writers ; with Examples, literally translated, selected from the classical writers. By James Donnegan, M. D., of London. Revised and enlarged by Robert B. Patton, Professor of Ancient Languages in the College of New Jersey ; with the assistance of J. Addison Alexander, D. D., of the Theological Seminary at Princeton. 1 vol. 8vo. 1400 pp. . . Price $3.00 Published by E. H. BUTLER & CO., Philadelphia. 12 CATALOGUE OF STANDARD BOOKS. Becker's Book-Keeping. A Treatise on the Theory and Practice of Book-keeping by Double Entry. Designed to elucidate the Principles of the Science, and impart a knowledge of the forms observed by Practical Accountants, in the various departments of business. By George J. Becker, Professor of Drawing, Writing, and Book-keeping in the Girard College. . . Price $1.00 Becker's Book-Keeping. Blanks. Second Series . Price $0.94 Third Series 0.75 Fourth Series 1.00 Becker's System of Book-Keeping. A Complete and Practical System of Double Entry Book-keep- ing, containing three sets of Books, illustrative of the forms, arrangements, and uses of all the principal and auxiliary books employed in the various kinds of mercantile, mecha- nical, and professional pursuits, designed as a Key to Becker's Treatise on the Theory and Practice of Book-keeping, and as a Guide for Teachers and Accountants ; to which is added a complete set of Practical Business Forms, including the most important in use by Forwarding and Commission Houses, a number of miscellaneous forms adapted to various kinds of business, Abbreviated Journal Forms, Executors' and Admi- nistrators' Accounts, &c. By George J. Becker. Price $1.50 Booth's Phonographic Instructor. Being an Introduction to the Compounding Style of Phonography. By James C. Booth. A new edition. . . Price $0.37 Publish^ by E. H. BtTTLEB to CO., Philadelphia. CATALOGUE OP STANDARD BOOKS. 13 Green's Gradations in Algebra. Grada- tions in Algebra, in which the first Principles of Analysis are inductively explained, illustrated by copious exercises, and made suitable for Primary Schools. By Richard W. Green, A.M., author of "Arithmetical Guide," "Little Reckoner," etc Price $0.62 The Scholar's Companion. Containing Exercises in Orthography, Derivation, and Classification of English Words. Revised Edition, with an Introduction and Copious Index. By Rufus W. Bailey. . Price $0.60 Walker's Pronouncing Dictionary. A Cri- tical Pronouncing Dictionary and Expositor of the English Language. To which is annexed a Key to the Classical Pro- nunciation of Greek, Latin, and Scripture Proper Names, &c. By John Walker Price $1.12 J Mann & Chase's Primary Arithmetic, Part 1. The Primary School Arithmetic ; designed for Beginners. Containing copious Mental Exercises, together with a large number of Examples for the Slate. By Horace Mann, LL.D., and Pliny E. Chase, A.M., authors of "Arithmetic Practi- cally Applied." Price $0.25 Mann & Chase's Arithmetic, Part 2. The Grammar School Arithmetic ; containing much valuable Commercial Information, together with a system of Integral, Decimal, and Practical Arithmetic, so arranged as to dispense with many of the ordinary rules. By Horace Mann and Pliny E. Chase, authors of " Primary Arithmetic." Price $0.62 J Published by E. H. BUTLER & CO., Philadelphia. 14 CATALOGUE OF STANDARD BOOKS. « Mann & Chase's Arithmetic, Part 3. Arithmetic Practically Applied, for Advanced Pupils, and for Private Reference, designed as a Sequel to any of the ordi • nary Text-Books on the subject. By Horace Mann, LL.D., the First Secretary of the Massachusetts Board of Education, and Pliny E. Chase, A.M. . . . . Price $1.00 Historia Sacra, Epitome Historic Sacrse ; with a Dictionary containing all the Words found in the Work Price $0.38 Viri Bomae. Viri Illustres Urbis Romae ; to which is added a Dictionary of all the Words which occur in the Book. ...... Price $0.40 Coates's School Physiology. First Lines of Physiology ; "being an Introduction to the Science of Life, written in popular language, designed for the use of Common Schools, Academies, and General Readers. By Reynell Coates, M.D., author of " First Lines of Natural Philosophy." Sixth edition, revised, with an Appendix. . Price $1.00 Parke's Arithmetic. Parke's Farmers' and Mechanics' Practical Arithmetic. Revised and improved edition. By Uriah Parke. . . . Price $0.34 Parke's Key to Parke's Farmers', Mer- chants', and Mechanics' Practical Arithmetic. Price $0.45 Published by E. H. BUTLER & CO., Philadelphia. CATALOGUE OF STANDARD BOOKS. 15 Hurd's Grammatical Corrector. A Gram- matical Corrector, or Vocabulary of the Common Errors of Speech : being a collection of nearly two thousand bar- barisms, cant phrases, colloquialisms, quaint expressions, provincialisms, false pronunciations, perversions, misappli- cation of terms, and other kindred errors of the English Language, peculiar to the different States of the Union. The whole explained, corrected, and conveniently arranged, for the use of Schools and Private Individuals. By Seth T. Hurd Price $0.34 Young's Algebra. An Elementary Treatise on Algebra, Theoretical and Practical; with attempts to simplify some of the more difficult parts of the Science, particularly the Demonstration of the Binomial Theorem in its most general form ; the Summation of Infinite Series ; the Solution of Equations of the Higher Order, &c, for the use of Students. By J. R. Young, Professor of Mathematics in the Royal College, Belfast Price $1.25 Young's Geometry. Elements of Geome- try, with Notes. By J. R. Young, author of " An Elementary Treatise on Algebra." Revised and corrected, with Additions, by M. Floy, Jr., A.B Price $1.25 Young's Analytical Geometry. The Ele- ments of Analytical Geometry ; comprehending the Doctrine of Conic Sections, and the General Theory of Curves and Surfaces of the second order, intended for the use of Mathe- matical Students in Schools and Universities. By J. R. Young. Revised and corrected by John D. Williams. Price $1.25 Published by E. H. BUTLER & CO., Philadelphia. 16 CATALOGUE OF STANDARD BOOKS. Young s Plane and Spherical Trigonometry. Elements of Plane and Spherical Trigonometry, with its application to the Principles of Navigation and Nautical Astronomy ; with the Logarithmic and Trigonometrical Tables. By J. R. Young. To which are added some Origi- nal Researches in Spherical Geometry, by T. S. Davies, F.R.S.E., F.R.A.S., &c. Revised and corrected by John D. Williams Price $1.25 Youngs Mechanics. The Elements of Mechanics ; comprehending Statics and Dynamics, with a Copious Collection of Mechanical Problems, intended for the use of Mathematical Students in Schools and Universities. With Numerous Plates. By J. R. Young. Revised and cor- rected by John D. Williams. . . . Price $1.25 Rand's Copy-Books. By an arrangement with Mr. B. H. Rand, we shall hereafter publish his Series of Copy-books and Penmanship. The following is a list of the same, with the prices. Rand's Copy-Books. Nos. 1 to 8, per dozen, . . . $1.50 Rand's Appendix to Copy-Books. Nos. 1 to 5, per dozen, 1.50 Rand's American Penman, each, 2.25 Rand's Penmanship, per dozen, 6.00 Rand's Penmanship Abridged, per dozen, . . . 3.00 Rand's Practical Small Hand Copies, per dozen, . . 3.00 m Rand's Piece Book, per dozen, 3.00 Rand's Ornamental Copies, per dozen, .... 3.00 Rand's Small Alphabetical Copies (Xylograph), per dozen, 3.00 Rand's Small Alphabetical Copies (Steel Plates), per dozen, 3.00 Published by E. H. BUTLEB & CO., Philadelphia. -:: \£ RETURN EDUCATION-PSYCHOLOGY LIBRARY TO— »> 2600 Tolman Hall LOAN PERIOD I lv 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 Apr 2 4 20 » UNIVERSITY OF CALIFORNIA, BERKELEY FORM NO. DD 10, 10m, 11/78 BERKELEY, CA 94720 rb j i ibO ' fis^^B^ ^ ssSms^^ijJ i S^V^ PASDAR]) BOOfflfc ;'XG£J2H LEXICON I WALJvi J I U iA]. fc R L iN C J i A jN i). abriiigHcl. Duodecimo i S r GL13li MOTTOS lP >£*", witii an Atl>.« of IS j»- ■ : V- a '.< . T